Matter of Robert, 89 N.Y.2d 745 (1997)

A judge must avoid impropriety and the appearance of impropriety, and removal from office is warranted when a judge presides over cases involving close friends and confronts critics in an unprofessional manner, even after being cautioned about such behavior.

Summary

This case concerns a Justice of the Chester Town Court who was charged with judicial misconduct for presiding over cases involving his friends and for confronting a woman who had criticized him in a newspaper letter. The Commission on Judicial Conduct found him guilty of misconduct, and the Court of Appeals affirmed, holding that his actions warranted removal from office because they demonstrated a lack of understanding of the serious nature of his conduct and a disregard for the rules of judicial conduct, even after being cautioned by the Commission.

Facts

The petitioner, a Justice of the Chester Town Court, was charged with violating the Rules of Judicial Conduct. The charges included presiding over cases involving his friends, despite prior cautions from the Commission on Judicial Conduct against such behavior. He was also charged with confronting a woman in the presence of her employer after she wrote a letter to the editor critical of him.

Procedural History

The Commission on Judicial Conduct designated a Referee who held a hearing. The Referee found the factual allegations of the charges were sustained. The Commission confirmed the Referee’s findings and determined the petitioner engaged in misconduct warranting removal from office. Three members of the Commission dissented with respect to the sanction, voting for censure instead. The case was then appealed to the New York Court of Appeals.

Issue(s)

Whether the actions of the Justice of the Chester Town Court, specifically presiding over cases involving friends and confronting a critic, constitute judicial misconduct warranting removal from office.

Holding

Yes, because the Justice’s conduct demonstrated a failure to comprehend the serious nature of his actions and a disregard for the rules of judicial conduct, even after being cautioned by the Commission, thus making him unfit for judicial office.

Court’s Reasoning

The Court of Appeals found that each of the charges against the Justice was established. The court cited Matter of Murphy, 82 NY2d 491, 495 and Matter of Fabrizio, 65 NY2d 275 to support the impropriety of presiding over cases involving close friends. The court emphasized that the Justice failed to understand the seriousness of his conduct. He even testified that he intended to continue presiding over matters involving his friends. The Court noted, “The fact that the misconduct continued even after petitioner was on notice that the Commission considered his actions improper demonstrates that he is not fit for judicial office (see, Rules of Judicial Conduct [22 NYCRR] § 100.2 [a]; Matter of Hamel, 88 NY2d 317, 320) and that the sanction of removal is appropriate (Matter of Sims, 61 NY2d 349, 356).” This continuation of misconduct, even after being cautioned, was a key factor in the Court’s decision to uphold the sanction of removal.