Labor & Employment Law

Removing a town court judge from office

By Harvey Randall, Esq.

Removing a town court judge from office
Matter of the Honorable Jean Marshall, 8 N.Y.3d 7417, Per Curiam

The State Commission on Judicial Conduct brought charges of misconduct against Jean Marshall, Justice of the Cuyler Town Court, Cortland County.

Charge One alleged that Marshall had engaged in improper ex parte communications with the defendants in several building code violation cases and then dismissed the cases in advance of the adjourned dates without providing the prosecutor notice or an opportunity to be heard.

Charge Two alleged that during the investigation by the Commission, Marshall testified falsely at a Commission proceeding and altered her court calendar to conceal the deception.

Marshall?s answer essentially admitted the truth of the conduct alleged in Charge One but did not respond to the allegations set out in Charge 2.

The Referee designated by the Commission to hear and report on the Charges filed against Marshall found that Marshall failed to properly perform the duties of her office insofar as Charge One was concerned but that the Commission failed to prove the allegations contained in Charge Two.

The Commission then conducted its own hearing. Finding Marshall guilty of both Charge One and Charge Two, it decided that Marshall should be removed from office.

The Court of Appeals said that it agreed with the Commission?s findings and conclusions, and accepts the sanction it imposed.

The court pointed out that ?Neither the Commission nor this Court is bound to accept the Referee?s findings.? Further, said the court, ?In judicial misconduct cases, this Court has the authority to review findings of fact as well as to determine the appropriate sanction.

Finding that Marshall?s actions ?violated the high standards of integrity and conduct required of the judiciary,? the Court of Appeals sustained Marshall?s removal from the Office of Justice of the Cuyler Town Court.

Full post as published by New York Public Personnel Law on April 09, 2008 (boomark / email).