In the Matter of Gelfand, 70 N.Y.2d 211 (1987)

A judge’s misuse of judicial power to pursue a personal relationship and subsequent lack of candor during judicial conduct proceedings warrants removal from office, even if some of the allegations considered were based on uncharged conduct.

Summary

Bertram Gelfand, Surrogate of Bronx County, was charged with judicial misconduct stemming from his actions related to a former law assistant with whom he had an affair. The charges included misusing his position to prolong the relationship and later seeking vengeance when the assistant ended it. The State Commission on Judicial Conduct recommended removal, finding Gelfand lacked candor during the proceedings. The New York Court of Appeals accepted the determined sanction of removal, holding that Gelfand’s conduct violated the standards of integrity and propriety required of judicial officers and undermined public confidence in the judiciary.

Facts

Gelfand had an extramarital affair with his law assistant. After she ended the relationship, Gelfand fired her, emptied her office, and delivered her belongings to her home. He then made numerous phone calls, leaving obscene messages. He falsely identified himself as her attorney to gain access to her. He confronted her boyfriend and threatened to speak to the boyfriend’s employer (the Bronx County District Attorney) to get him fired. Gelfand also asked a Deputy Chief Administrative Judge to view any of the law assistant’s future employment applications unfavorably. He later met with the law assistant’s new employer and expressed his displeasure at them for hiring her without consulting him.

Procedural History

The State Commission on Judicial Conduct filed a formal complaint against Gelfand. A Referee sustained all charges and found Gelfand lacked candor. The Commission determined removal was appropriate. Gelfand sought review from the New York Court of Appeals.

Issue(s)

Whether the Surrogate of Bronx County’s actions, motivated by a personal relationship with a former law assistant, and his subsequent lack of candor during the proceedings, constituted judicial misconduct warranting removal from office.

Holding

Yes, because the Surrogate misused his judicial powers and failed to be candid, conflicting with the standards of integrity and propriety required of judges, undermining public confidence in the judiciary.

Court’s Reasoning

The court found that Gelfand misused his position as Surrogate to prolong a sexual relationship and later to exact personal vengeance. This conduct constituted violations of the Rules Governing Judicial Conduct and the Code of Judicial Conduct. The court emphasized that the effectiveness of the judicial system depends on public trust, which Gelfand’s actions undermined. Quoting the Code of Judicial Conduct, the court noted that judges must maintain integrity and impartiality. While acknowledging that the Commission improperly considered some uncharged conduct, the court held that the acts described in the formal complaint and proven at the hearing were sufficient cause for removal. The court stated, “By allowing his personal relationships to influence both his judgment and the administration of the court over which he presides he could not help but impair public confidence in his integrity and impartiality.” The Court also cited previous cases: “effectiveness of the judicial system is dependent upon the public’s trust and violations such as these which undermine that trust are so contrary to the ethical obligations required of Judges in conducting their personal and judicial duties that removal is essential (see, Matter of Aldrich v State Commn. on Judicial Conduct, 58 NY2d 279, 283; Matter of Shilling, 51 NY2d 397, 402; Matter of Kuehnel, 49 NY2d 465, 469).”