His Cash Is His Bond

A New York Town Court Justice (who is not an attorney) was admonished for his handling of cash put up as a bond

After conducting a late-night arraignment in Doe, a case that was returnable in a neighboring town court, respondent did not deposit the $500 cash bail into his court account, as required by the relevant rules. Instead, he personally delivered the money later that day, along with the court records of the matter, to the Town of Wayne municipal building, leaving the envelope marked “BAIL $500.00 CASH” with an unidentified individual. Though it is unclear in the record before us whether the funds were received or deposited by the Wayne Town Court, respondent’s own conduct  inconsistent with his duty to safeguard court monies entrusted to his care. His departure from the mandated procedures placed the funds at risk and gave rise to questions and uncertainty as to how the money was handled all of which could have been avoided if he had deposited the bail into his court account as required. And at the very least, it was ill-advised to leave a cash-filled envelope with an unidentified person at the Wayne municipal building. Respondent’s failure to keep any records of the case, or to record the arraignment, was also a violation of the procedural requirements and compounds the appearance of impropriety.

The Commission on Judicial Conduct imposed the sanction. (Mike Frisch)