Tuesday, December 10, 2013

Ticket To Remove

A non-attorney town court justice has been removed from office by the New York Court of Appeals.

The misconduct found by the Commission on Judicial Conduct involved two matters.

One was a seat belt violation charge that involved a lifelong friend whose family owneed a company where the justice had been employed. The justice accepted testimony of a ticket error (the friend claimed to be in a different Mercedes Benz than alleged) and dismissed the charges without notice of his personal connection to the defendant. He failed to notify the DA's office (which had no one present) and failed to adjourn the case.

The other matter involved an ex parte communication.

A dissent concludes that the misconduct was not serious enough to warrant removal from office. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/12/a-non-attorney-town-court-justice-has-been-removed-from-office-by-the-new-york-court-of-appeals-the-misconduct-found-by-the.html

Judicial Ethics and the Courts | Permalink

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