67 N.Y.2d 550 | NY | 1986
OPINION OF THE COURT
Petitioner, a Town Justice of the Town of Norfolk, St. Lawrence County, commenced this proceeding to review a determination of the State Commission on Judicial Conduct that he violated the rules and canons governing judicial conduct by preparing a criminal summons and otherwise participating in a matter in which he, his son, and his daughter all had an interest. The Commission determined the appropriate sanction to be removal. Petitioner asserts that the evidence did not support the Commission’s determination and that the sanction of removal was too harsh.
Second, the complaint alleged that petitioner engaged in a discussion with Thomas Matzell, the Chief of the Norfolk Town Police Department, which led Chief Matzell to prepare a uniform traffic ticket and simplified traffic information so that there would be a basis for issuing a criminal summons against Kerr. The ticket, charging Kerr with failure to keep right, was returnable before petitioner in Norfolk Town Court on March 15, 1984. According to testimony adduced at a hearing conducted on April 2, 1985, Chief Matzell placed the ticket and all of the supporting documents on petitioner’s desk. Approximately two days later, he found in his mailbox in the town hall an unsigned criminal summons for Terry L. Kerr. Chief Matzell attempted to serve the summons on Kerr that weekend, but was unable to do so, and, therefore, returned the summons to petitioner at his office.
The third count of the complaint alleged that petitioner subsequently requested State Trooper Michael C. Swyers to serve the unsigned summons on Kerr. Trooper Swyers testified at the hearing that he refused to do so because he was uncertain of using a criminal summons in a traffic case. Thereafter, petitioner had a discussion with Detective Sergeant Dominic Germano of the St. Lawrence County Sheriff’s Department and indicated that no one had been able to serve the summons on Kerr. Sergeant Germano offered to attempt to serve the summons and subsequently did so.
The complaint alleged as a fourth count that petitioner telephoned Kerr’s home after Kerr failed to appear in court on March 15, 1984 and asked Kerr’s sister why her brother had not appeared. Petitioner allegedly stated that if Kerr did not pay for the damages to the automobile, petitioner would write to Albany to have Kerr’s license suspended.
The Referee found that each count in the complaint had been sustained, except for the fourth which alleges petitioner’s telephone call to Kerr’s home in the spring of 1984. The Referee concluded that, by his conduct in discussing with police officers the issuance and service of the criminal summons against Kerr, as well as by "his failure to withdraw from the Kerr matter and assign the same to the other judge”, petitioner had engaged in misconduct and had violated established ethical standards.
The Commission affirmed the Referee’s findings, and determined that petitioner had violated sections 100.1 and 100.2 of the Rules Governing Judicial Conduct and canons 1, 2 and 3 (C) (1) of the Code of Judicial Conduct. The Commission further stated that petitioner "seriously exacerbated his misconduct by attempting to make it appear that he had intended to disqualify himself in a note that was never delivered to his fellow judge”, and "further compounded his misconduct by threatening a witness in the Commission proceeding against him.” The Commission concluded that the appropriate sanction was removal from office. This petition followed.
Review of this proceeding reveals that the allegations in the complaint, except those contained in count four, were supported by the evidence and should be confirmed and that the determined sanction should be accepted.
In short, petitioner has clearly abused the power of his office in a manner that has brought disrepute to the judiciary and damaged public confidence in the integrity of his court. The more particularly is this so in view of petitioner’s failure to testify concerning the charges (see, Matter of Randel, 158 NY 216; Matter of Reedy, supra, at p 302). This breach of public trust calls for the sanction of removal from office (see, Matter of Wait, supra; Matter of Reedy, supra; Matter of Sims, supra). We have examined petitioner’s remaining contention and find it to be without merit.
Accordingly, the determined sanction should be accepted, without costs.
Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Titone and Hancock, Jr., concur in Per Curiam opinion; Judge Alexander taking no part.
Determined sanction accepted, without costs, and Joseph E. Myers is removed from the office of Justice of Norfolk Town Court.