The Totality of the Misconduct
In determining to remove Judge McGuire from office, the
Commission concluded that “given the seriousness and breadth of [the judge’s]
misconduct as well as his lack of candor, we believe that [Judge McGuire]
should be removed from the bench.” The Commission found the judge’s “repeated
abuse” of the summary contempt power and his representation of clients while a
full-time judge, met “the standard of ‘truly egregious’ conduct for which his
removal is warranted.”
Judge McGuire has served as a Judge of the County and
Surrogate’s Courts and an Acting Judge of the Family Court, Sullivan County
since 2011. His current term expires on December 31, 2020.
Statement by Commission Administrator
Commission Administrator Robert H. Tembeckjian made the
following statement. “The breadth of Judge McGuire’s misconduct is stunning. He
wrongfully ordered people to jail and handcuffed Family Court litigants; often
berated and yelled at court staff and litigants; presided in matters despite
having a disqualifying conflict; impermissibly practiced law and used court
staff to assist him; and otherwise misused court staff. He compounded it all
with untruthful testimony during the Commission’s proceedings. Such egregious
misconduct warrants removal from judicial office.”
The Commission Proceedings
Judge McGuire was served with a Formal Written Complaint
dated August 27, 2018, containing thirteen charges, and filed an answer dated
October 11, 2018. The Commission designated Mark S. Arisohn, Esq. as referee to
hear and report proposed findings of fact and conclusions of law. A hearing was
held on May 6-9, 13-17, and 20-22, 2019 in New York City. The referee filed a
report dated November 5, 2019.
Counsel to the Commission submitted a brief with respect to
the referee’s report and the issue of sanction. The Commission recommended that
the referee’s findings and conclusions be confirmed. The judge relied on briefs
submitted to the referee. Counsel to the Commission argued that the judge be
removed from office.
The judge’s counsel argued that the sanction of censure was
appropriate. On January 23, 2020, the Commission heard oral argument.
The Commission Determination
The Commission filed a determination dated March 18, 2020,
in which nine members concurred: Paul B. Harding, Esq. (the Vice Chair), Jodie
Corngold, Judge John A. Falk, Taa Grays, Esq., Judge Leslie G. Leach, Judge
Angela M. Mazzarelli, Judge Robert J. Miller, Marvin Ray Raskin, Esq., and
Akosua Garcia Yeboah. One member, Joseph W. Belluck, Esq. (the Commission
Chair) was not present. There is currently one vacancy on the 11-member
Commission.
Court of Appeals Review
The Commission transmitted its determination on March 18,
2020, to the Chief Judge of the Court of Appeals, pursuant to Judiciary Law
Section 44, subdivision 7. The Court notified the Commission on March 25, 2020,
that Judge McGuire had received it. Consequently, the matter is now public. A
judge may either accept the Commission’s determination or, within 30 days from
receipt, make a written request to the Chief Judge for a review of the determination
by the Court of Appeals.
Pursuant to Judiciary Law Section 44, subdivision 7, if
Judge McGuire does not request review by the Court of Appeals, the Court of
Appeals will remove him in accordance with the determination.
If a Commission determination is reviewed by the Court of
Appeals, the Court may accept the determined sanction, impose a different
sanction including admonition, censure or removal, or impose no sanction.
Background Information on Judge McGuire
First took office (Family Court): 2011
Current term expires: December 31, 2020
Year Admitted to NYS Bar: 2002
Salary: $210,161
