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Saturday, September 26, 2020

Town Justice in Broome County resigns while under investigation

Ambrose P. Madden, a Justice of the Fenton Town Court, Broome County, resigned while under investigation by the New York State Commission on Judicial Conduct for allegedly creating a hostile work environment and conducting ex parte proceedings with juveniles from a local youth home, in the absence of their counsel, and threatening them with jail time. Judge Madden, who left office on August 16, 2020, agreed never to seek or accept judicial office at any time in the future. The Commission accepted a stipulation to that effect signed by the judge, his attorney and the Commission’s Administrator and closed its investigation.

Judge Madden was apprised by the Commission in July 2020 that it was investigating complaints alleging as follows:

1. His improper demeanor toward and treatment of his court clerks caused three or four of them to resign; and,

2. He presided over matters involving residents of a local youth home and warned them of the consequences of misbehavior at the home, including the possibility of jail time, in the absence of counsel for the youth.

Judge Madden entered into the stipulation in lieu of responding to a Commission inquiry letter. Accordingly, the Commission has neither evaluated nor rendered substantive determinations as to the complaints. The judge waived the statutory provision of confidentiality applicable to Commission proceedings, to the limited extent that the stipulation and Commission’s order accepting it and closing the case would be public.

Judge Madden, who is not an attorney, had been a Justice of the Fenton Town Court, Broome County, since 2010. His current term would have expired on December 31, 2021.

The stipulation and the Commission’s order closing the case can be found on the Commission’s website: www.cjc.ny.gov

Statement by Commission Administrator 

Commission Administrator Robert H. Tembeckjian made the following statement- “A judge must know better than to conduct proceedings and threaten juveniles with jail in the absence of their lawyers. A judge must also be patient, dignified and courteous with all who work or have business in the court. That Judge Madden chose to resign, permanently, rather than answer inquiries about such matters, speaks for itself.”