In re Sims, 61 N.Y.2d 343 (1984)
A judge must avoid even the appearance of impropriety, and repeated actions suggesting favoritism toward family members or their clients constitutes judicial misconduct warranting removal from office.
Summary
A judge was censured by the State Commission on Judicial Conduct for actions demonstrating favoritism toward her attorney husband and his clients. The judge signed arrest warrants and release orders in cases where her husband represented the defendant, creating the appearance that she used her office to benefit his practice. The New York Court of Appeals found that the charges were supported by evidence and that the appropriate sanction was removal from office, emphasizing the importance of maintaining public confidence in the judiciary by avoiding situations that cast doubt on a judge’s independence and impartiality. The court rejected the censure, finding the misconduct egregious enough to warrant removal, especially considering the repeated nature of the actions and the judge’s failure to recognize the impropriety.
Facts
Barbara Sims, a judge of the Buffalo City Court, was charged with judicial misconduct for actions taken during 1978 and 1979. These actions included signing a warrant for the arrest of a person involved in an accident with her son, signing an order releasing a former client who was then represented by her husband, and signing releases for defendants in criminal cases represented by her husband. In several instances, the judge signed release orders at home, even when she knew or should have known that her husband would likely represent the defendant. The judge’s husband often prepared the release papers for her signature.
Procedural History
The State Commission on Judicial Conduct commenced proceedings against Judge Sims, sustaining ten charges and dismissing one. A referee found that in most cases, the judge’s husband became counsel after she signed the release orders, but her actions created an appearance of impropriety. The Commission affirmed the referee’s findings and censured her. Judge Sims then sought review of the Commission’s determination in the New York Court of Appeals.
Issue(s)
1. Whether the evidence supported the charges against Judge Sims for judicial misconduct.
2. Whether the determined sanction of censure was appropriate, or whether a more severe sanction was warranted.
3. Whether the ethical mandate that judges avoid even an appearance of impropriety is unconstitutionally vague.
Holding
1. Yes, because the evidence established that Judge Sims’ actions created an appearance of impropriety and favoritism toward her family and her husband’s clients.
2. No, because the misconduct was serious and repeated, demonstrating a failure to appreciate the obligations of judicial office. The appropriate sanction was removal.
3. No, because the appearance of impropriety rules have been repeatedly upheld, requiring judges to maintain public confidence in the courts by avoiding situations which cast doubt on their independence and impartiality.
Court’s Reasoning
The Court of Appeals found that all charges were supported by the evidence. Regarding the warrant signed for the arrest of the person involved in an accident with her son, the court found her explanation inadequate. The court emphasized the judge’s insensitivity to her responsibilities and lack of diligence. With respect to the remaining charges, the court found that the judge’s actions created “an unmistakable impression” that she and her husband were acting as a team, providing special favor to those who retained her husband. The court noted that the judge conceded to executing over 100 releases at home during her tenure and that her defense that the conduct was permissible showed a serious failure to appreciate the obligations of judicial office. The court stated, “[W]hen a Judge acts in such a way that she appears to have used the prestige and authority of judicial office to enhance personal relationships, or for purely selfish reasons, or to bestow favors, that conduct is to be condemned whether or not the Judge acted deliberately and overtly.” The court concluded that Judge Sims’ conduct transcended poor judgment and suggested favoritism to her family and her husband’s clients. The repeated nature of the actions and the judge’s failure to recognize the impropriety warranted removal from office. The court also rejected the argument that the ethical mandate was unconstitutionally vague, reaffirming that judges may be held to a high standard of conduct.