Monday, March 29, 2021
The New York Commission on Judicial Conduct has accepted the resignation of a non-attorney judge who faced an investigation into two allegations
Judge DiVietro was apprised by the Commission in July 2020 that it was investigating allegations that, inter alia, in the fall of 2018, he repeatedly sent text messages to his then-girlfriend that contained threats about a former girlfriend. Many of the text messages were allegedly vulgar, crude, demeaning and/or featured extreme gender-based slurs and profanity.
Judge DiVietro was also apprised by the Commission in July 2020 that it was investigating allegations that, after arraigning the defendant in People v Robert L. Brown on two felony charges and one misdemeanor charge in April 2019, he repeatedly engaged in unauthorized ex parte communications about the case with the defendant and multiple other individuals and, during one of the defendant's appearances in court, allegedly gave the defendant personal advice about how to avoid having his firearms confiscated by law enforcement.
The stipulation is linked here. (Mike Frisch)