Matter of Doyle, 23 N.Y.3d 653 (2014)
Removal of a judge is warranted even in the absence of actual impropriety when the conduct creates a strong appearance of impropriety that undermines public confidence in the integrity of the judiciary, especially when coupled with a prior disciplinary history.
Summary
This case concerns the removal of Surrogate Judge Cathryn M. Doyle from office based on allegations of creating an appearance of impropriety. The New York Court of Appeals upheld the State Commission on Judicial Conduct’s determination that Judge Doyle’s actions, specifically involving her dealings with a court employee and a potential litigant, warranted removal, despite the absence of proven actual impropriety. The Court emphasized the importance of maintaining public confidence in the judiciary and considered Judge Doyle’s prior disciplinary history in reaching its decision. A dissenting opinion argued for a lesser sanction of censure, citing the referee’s finding that Judge Doyle was a credible witness.
Facts
Judge Doyle was the Surrogate of Albany County. An attorney, Gary DiNardo, sought appointment as a court evaluator. DiNardo also represented clients in matters before Judge Doyle. Judge Doyle had a close relationship with a court employee, Lisa Circe, who was also DiNardo’s girlfriend. Judge Doyle attended social events with DiNardo and Circe. Judge Doyle appointed DiNardo as a court evaluator and made other favorable decisions regarding him. These actions created the appearance that DiNardo received preferential treatment because of his relationship with Circe and Judge Doyle. A separate incident involved Judge Doyle intervening in a landlord-tenant dispute on behalf of Circe, which further suggested an abuse of her judicial position.
Procedural History
The New York State Commission on Judicial Conduct investigated Judge Doyle’s conduct. The Commission determined that Judge Doyle violated judicial ethics rules by creating an appearance of impropriety. The Commission recommended Judge Doyle’s removal from office. The New York Court of Appeals reviewed the Commission’s determination and the recommended sanction. The Court of Appeals affirmed the Commission’s decision and ordered Judge Doyle’s removal.
Issue(s)
Whether the State Commission on Judicial Conduct abused its discretion when it determined that Judge Doyle should be removed from her position as Surrogate Judge.
Holding
No, because Judge Doyle’s conduct created a strong appearance of impropriety and undermined public confidence in the integrity of the judiciary, particularly in light of her prior disciplinary history.
Court’s Reasoning
The Court of Appeals emphasized that even the appearance of impropriety can be as damaging to the judiciary’s reputation as actual misconduct. The court stated, “The appearance of impropriety is ‘as damaging to public confidence in the courts as actual impropriety’” (quoting Matter of харченко, 20 N.Y.3d 388, 396 [2013]). The Court found that Judge Doyle’s actions, specifically her relationship with the court employee and the attorney, and her intervention in the landlord-tenant dispute, created a situation where it appeared she was using her position to benefit her friends and associates. The Court also considered Judge Doyle’s prior disciplinary history, which included a prior admonishment for improper conduct, as an aggravating factor. The court reasoned that while removal is a severe sanction, it was necessary to maintain public trust in the judiciary. The dissenting judge argued that censure would have been a more appropriate sanction. The dissent highlighted that the referee found Judge Doyle credible and candid and that the prior disciplinary action was unrelated to the current misconduct. The dissent further argued that the misconduct did not rise to the level of “truly egregious circumstances” necessary for removal. The majority, however, disagreed, finding that the appearance of impropriety, coupled with the prior discipline, warranted removal.