Sunday, July 16, 2017

Village Court Justice Removed For 1978 Felony Conviction

A non-attorney village court justice (who, as a group, have had a healthy share of the New York judicial misconduct cases) has been removed from office by the Commission on Judicial Conduct.

According to a stipulation

Respondent was appointed Justice of the Spring Valley Village Court by the  Mayor of Spring Valley on or about October 31, 2016, to fill a vacancy created when the Court of Appeals accepted the Commission's determination to remove Alan M. Simon from judicial office. Respondent signed an Oath of Office for Rockland County on November 1, 2016, and an Oath of Office for the Village of Spring Valley on November 2, 2016. Respondent's term expires on December 31 , 2017. He is not an attorney.

Respondent was served with a Formal Written Complaint dated May 1, 2017, containing one charge, which alleges that he does not meet the legal qualifications to serve as a Village Justice as a result of a 1978 federal felony conviction.

He resigned and will not seek future office unless the conviction is vacated.

Lohud. reported the story.

Michel was convicted in 1978 of federal charges involving immigration fraud while he was working for the Rockland Community Action Council, a non-profit, anti-poverty group that's since been disbanded. By Michel's account he was helping illegal Haitian immigrants stay in the United States legally, and he refused to reveal their names and addresses.

Delhomme contended on Nov. 3 that attorneys had advised him that Michel’s conviction did not disqualify him from serving as a judge, noting the conviction occurred nearly 40 years ago.

Though Michel is a former rival within the village's influential Haitian voting community, Delhomme praised Michel for his community service.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2017/07/a-non-attorney-town-court-justice-who-as-a-group-have-had-a-healthy-share-of-the-new-york-judicial-misconduct-cases-has-b.html

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