A Familiar Face

A town court justice who adjudicated a speeding ticket against his nephew by marriage has been admonished by the New York Commission on Judicial Conduct:

The record indicates that respondent’s nephew by marriage appeared before him on two occasions with respect to the charge – initially to enter a not guilty plea, and later for sentencing. Seeing his relative, with whom he socialized several times a year, standing before him in a courtroom certainly should have reminded respondent – the defendant’s uncle – of the clear conflict. In and of itself, the appearance of a judge’s family member before the judge creates a serious apperance of impropriety, and under such circumstances the public can have no confidence in the judge’s impartiality in the matter…Compounding the impropriety, the lenient disposition respondent imposed (reducing the Speeding charge to a parking violation and imposing a low fine) could reasonably give the impression that respondent’s relative received favorable treatment, nothwithstanding that the prosecutor had recommended the reduction and notwithstanding respondent’s assertion that his nephew’s ticket was treated no differently than any similar ticket. Even the appearance of such favoritism is inconsistent with ethical standards and undermines public confidence in the integrity and impartiality of the judiciary.

The justice is not an attorney. (Mike Frisch)