Attempted Judging While Armed

An admonition was imposed on a non-lawyer judge by the New York Commission on Judicial Conduct

On three separate occasions in July 2013, May 2015 and June 2015, as set forth below, respondent asserted the prestige of judicial office while attempting to enter an Otsego County-owned building in possession of a firearm, in violation of a local law prohibiting the possession of weapons in county buildings…

At all times relevant to the matters herein, a sign was posted by the exterior door to the public entrance of the Meadows, stating “No Weapons Permitted.” Posted below this sign was a copy of County of Otsego Local Law No. 2 of 1995, titled “A Local Law Banning Possession of Firearms and Other Dangerous Weapons in Otsego County Buildings” (hereinafter “Local Law”)…

respondent possessed a license to carry a concealed firearm and carried a .380-caliber Ruger pistol in his pants pocket.

In each instance he had asserted his authority as a judicial officer to security officers

While respondent now understands that his conduct in identifying himself as a judge during these three incidents was inappropriate and created at least the appearance that he was attempting to use the prestige of his judicial office to enter the building with his pistol, respondent avers that he did so because he believed at the time that his status as a judge exempted him from security procedures in county buildings…

Throughout the incidents, respondent repeatedly referred to his judicial status and asserted that his judicial position exempted him from security procedures and compliance with the local law prohibiting possession of a weapon in county buildings. Notwithstanding his professed belief that, as a judge, he was entitled to special treatment for security purposes, the local law, which was posted at the entrance to the building, exempts “law enforcement officials only.” Since that law was enacted in 1995, it seems unlikely that respondent- as a judge for 35 years and a gun owner-would have been unfamiliar with it. It was specifically brought to his attention in the first two incidents. Indeed, the fact that in the first two incidents he did not reveal that he had a gun or produce it when he emptied his pockets suggests that he was attempting to conceal the gun because he knew that bringing it into the building was prohibited. Regardless of whether the security procedures were enforced on other occasions, he was obligated to comply with those requirements when they were properly enforced by security officials. Even if he was not abusive or discourteous in confronting the security officers, he should have recognized that his repeated insistence that his judicial status entitled him to special treatment would place them in a more difficult position in carrying out their assigned responsibilities.

The Commission’s news release is linked here. (Mike Frisch)