Two Friendly Judges
The New York State Commission on Judicial Conduct removed a judge of the Albany Surrogate’s Court as a result of findings summarized in a press release
The New York State Commission on Judicial Conduct has determined that Cathryn M. Doyle, a Judge of the Surrogate’s Court, Albany County, should be removed for presiding over matters involving her close friend, her personal attorney, and a lawyer who acted as her campaign manager. The judge was publicly censured by the Commission in 2007 for giving testimony that among other things was “evasive and deceptive,” “misleading and obstructionist.”
From 2007 to 2011 Judge Doyle failed to disqualify herself from, and took judicial action in, nine matters involving attorneys with whom she had close professional and personal relationships: four matters involving her close friend and personal attorney, Thomas J. Spargo; four matters involving attorney Matthew J. Kelly, the judge’s de facto campaign manager in her 2007 failed campaign for a nomination to the state Supreme Court and later the campaign manager in her 2010 campaign for reelection as Surrogate; and one matter involving William Cade, the attorney who had represented her in an earlier Commission proceeding that resulted in her censure in 2007. (Mr. Spargo was himself removed from judicial office after a Commission proceeding in 2006 and, in related proceedings, was disbarred by the Appellate Division and convicted of a felony in federal court.)
Among the judicial actions Judge Doyle took in these matters was admitting wills to probate, issuing letters of administration, signing decrees granting administration after probate, conducting conferences and issuing various orders, appointing guardians ad litem for infants named in a will, and determining that particular infants were intended trust beneficiaries of a will.
As to removal
In imposing the sanction of removal, the Commission underscored that the misconduct began soon after she was censured by the Commission in 2007 for giving “evasive” testimony in a proceeding inquiring into her actions in connection with a legal defense trust fund for Mr. Spargo, who was then a Supreme Court Justice. The Commission stated that, “if not for her disciplinary history, [Judge Doyle] may have had a more credible argument to retain her judgeship.” The Commission concluded: “Under the circumstances, we are constrained to view [Judge Doyle’s] misconduct with particular severity since, in view of her censure in 2007, she should have been especially sensitive to her ethical obligations, including her duty to avoid even the appearance of impropriety.”
The Commission’s web page notes
Judge Doyle has requested review of the determination in the Court of Appeals, which has scheduled oral argument for June 5, 2014.
The Court of Appeals suspended Judge Doyle from office, with pay, pending review of the Commission’s determination. The Court’s order is available at Doyle Suspension.
The judge was on the Albany Law adjunct faculty. (Mike Frisch)