Queen Of Hearts

A non-attorney town court justice was censured by the New York Commission on Judicial Conduct

As set forth below, on April 26, 2017, while presiding over People v Tysean Harris, respondent denied defense counsel’s request to adjourn the defendant’s preliminary hearing on drug and traffic charges, notwithstanding that defense counsel had an actual engagement in another court; conducted the preliminary hearing in the absence of counsel; and failed to advise Mr. Harris of his rights as required by law. During the preliminary hearing, prior to giving Mr. Harris an opportunity to cross-examine the prosecution’s witnesses, respondent found reasonable cause to believe that he had committed a felony.

Mitigation

Respondent has been cooperative with the Commission throughout its inquiry.

Respondent now recognizes and appreciates that a judge must ensure that the due process rights of defendants are accorded before decisions are rendered, including the right to have one’s counsel present at all critical stages of a proceeding.

(Mike Frisch)