• 2,000 new complaints were received and processed – the
third highest in its 41-year history.
• 505 preliminary inquiries were conducted.
• 340 full-fledged investigations were undertaken: 167 new
ones and 173 carried forward from 2017.
• 2 judges were removed from office for egregious
misconduct.
• 12 judges resigned and publicly agreed never to return to
judicial office.
• 4 other judges resigned while complaints were pending,
where it had not been determined permanent departure from office was warranted
or appropriate.
• 5 judges were publicly censured or admonished.
• 20 judges were issued confidential cautionary letters.
The Commission is the New York State government agency
responsible for investigating complaints of misconduct against judges of the
state unified court system and, where appropriate, disciplining such judges for
ethics violations.
The statistics for 2018 are on a par with the average over
the last five years.
However, the report notes that since 2007, the number of
complaints handled by the Commission each year has increased around 25%, while
staffing has decreased by 25%, to 38 full-time employees. This means “it takes
longer than it should to exonerate judges who are innocent of wrongdoing, and
longer to discipline those who are guilty.” The number of cases pending at year
end rose 19%, from 173 at the end of 2017 to 206 at the end of 2018.
The Commission’s
Budget
The Commission’s current budget is $5,696,000, compared to
$5,406,000 in 2010-11. Had it simply kept pace with the state government’s rate
of growth at 2% per year, the agency’s budget today would be $6,416,000. To
manage its rising case load, meet mandated increases in rent and other
contractual obligations, avoid further reductions in staff and services, and
discharge its constitutional obligations in a timely manner, the Commission has
requested a $359,000 increase, in what it hopes is the first of a two-year
commitment to bring its funding to $6.4 million.
Commentary
In addition to summaries of the year’s public disciplines,
confidential cautions and statistics, the 2019 Annual Report comments on
matters, trends and developments that the Commission has observed through its
work. The topics include:
• the requirement that all judicial candidates (for all but
the town and village courts) complete a campaign ethics training course;
• the requirement that all judges (except those serving in
town or village courts) file annual financial statements in a timely manner;
• the impropriety in delegating uniquely judicial
responsibilities;
• the perils of social media; and
• the need for additional assistance to town and village
courts justices.
Statement by
Commission Administrator
Commission Administrator Robert H. Tembeckjian made the
following statement.
“Public confidence in the courts requires a judiciary that
is both independent and accountable. Year after year, with dwindling resources
but dedicated members and staff, the Judicial Conduct Commission has handled an
increasing caseload with remarkable results, holding those relatively few
judges who misbehave to account, and exonerating those who were wrongly
accused.”
