Understandable Impulse Leads To Censure Of Town Court Justice

The New York Commission on Judicial Conduct has censured a town court justice who

created the appearance of impropriety and lent the prestige of his judicial office to advance his son’s private interests by requesting leniency for his son from two law enforcement officers in two separate conversations concerning impending charges of Overdriving, Torturing and Injuring Animals, a misdemeanor, and Violating Prohibited Park Hours, a violation under the local law.

The justice was contacted by police concerning his 19 year old son

Officer McCully led respondent to the women’s restroom where he had earlier found Joseph Sullivan with two small kittens. One of the kittens had been hog-tied with tape, and there was a lighter nearby. Officer McCully informed respondent that his son would be charged at a later time and would be allowed to go home with respondent that night. Respondent was given custody of the kittens to return them to the location where his son had obtained them. No charges were issued against respondent’s son that night.

Early the next morning, Saturday, July 20, 2013, respondent telephoned Whitestown Chief of Police Donald Wolanin on the chief’s cell phone to discuss the incident in the park the night before. Respondent told the chief that he hoped that the police would not “go piling on” charges or “overcharge” his son, or words to that effect. 

On Monday

at the conclusion of respondent’s court session, Officer McCully entered the Whitestown Town Court and asked to speak with respondent. The two went outside the building, where Officer McCully said that he needed respondent’s son to come to the police station where the officer would issue an appearance ticket for animal cruelty and being in the park after hours. Respondent stated, “Do you really have to arrest him?” or words to that effect. Respondent told Officer McCully that if his son was arrested it would ruin his chances of getting a job with the Oneida County sheriff.

The commission

By acting as his son’s advocate in two conversations with law enforcement officials while seeking leniency with respect to impending charges, respondent lent the prestige of his judicial office to advance his son’s private interests…

While it is understandable that respondent was concerned for his son and hoped for leniency in the officers’ assessment of potential charges, his ‘”paternal instincts’ do not justify a departure from the standards expected of the judiciary”

The justice is not an attorney. (Mike Frisch)