Matter of Fabrizio, 65 N.Y.2d 275 (1985)

A judge’s abuse of power, bringing disrepute to the judiciary and damaging public confidence, warrants removal from office, even for non-lawyer judges.

Summary

This case concerns the removal of a Town Justice, Ronald Fabrizio, for egregious misconduct. The New York Court of Appeals determined that Fabrizio engaged in numerous instances of misconduct, including seeking special consideration for defendants in other courts, using racial slurs, altering transcripts, advising his court reporter to alter stenographic notes, and presiding over a case with a conflict of interest without disclosure. The court held that these actions constituted an abuse of power and a breach of public trust, warranting removal from office. The court emphasized that the Code of Judicial Conduct applies to all judicial officers, regardless of legal training.

Facts

Ronald Fabrizio, a Town Justice, engaged in several acts of misconduct during his tenure:

1. He sought special consideration for two defendants in other courts.
2. He used racial slurs.
3. He altered court transcripts.
4. He advised his court reporter to change stenographic notes that had been subpoenaed by the Commission on Judicial Conduct.
5. He presided over a small claims case where the defendant was his dentist of 10 years without disclosing the relationship or offering to disqualify himself.
6. He attempted to impede the Commission’s investigative efforts by falsifying evidence and intimidating witnesses.

Procedural History

The Commission on Judicial Conduct investigated Fabrizio’s actions. After the investigation and subsequent proceedings, the Commission determined that Fabrizio should be removed from office. The New York Court of Appeals reviewed the determined sanction.

Issue(s)

1. Whether the actions of the Town Justice constituted judicial misconduct warranting removal from office.
2. Whether the fact that the Justice was a non-lawyer is a mitigating factor in determining the appropriate sanction.

Holding

1. Yes, because the Justice abused the power of his office in a manner that brought disrepute to the judiciary and damaged public confidence in the integrity of his court.
2. No, because the Code of Judicial Conduct applies to anyone performing judicial functions, regardless of whether they are a lawyer.

Court’s Reasoning

The Court of Appeals found that Fabrizio’s actions violated multiple sections of the Rules Governing Judicial Conduct, the Code of Judicial Conduct, and the Special Rules Concerning Court Decorum. The court emphasized that the Code of Judicial Conduct applies to “[a]nyone, whether or not a lawyer, who is an officer of a judicial system performing judicial functions.” The court reasoned that Fabrizio’s conduct constituted a clear abuse of power that damaged the integrity of the judiciary. The Court explicitly stated that maintaining an “independent and honorable judiciary” is “indispensible to justice in our society” (22 NYCRR 100.1). The court concluded that this breach of public trust warranted the sanction of removal from office, citing Matter of McGee v. State Commn. on Judicial Conduct, 59 N.Y.2d 870. The Court held that Fabrizio’s actions warranted removal to maintain public confidence in the judiciary.