Judge Canned Over Facebook Share

The New York Commission on Judicial Conduct announces  the resignation of a non-attorney town court justice

Altona Town Court Justice Kyle R. Canning (Clinton County) has resigned while under formal charges by the New York State Commission on Judicial Conduct for sharing an image on his Facebook account that conveyed racial and/or political bias. Judge Canning, who resigned from office effective June 27, 2019, has agreed never to seek or accept judicial office at any time in the future. The Commission accepted a stipulation to that effect signed by the judge and the Commission’s Administrator and closed its formal proceeding.

Judge Canning was served with a Formal Written Complaint dated May 7, 2019, containing one charge, alleging that he posted an image of a noose to his Facebook account, with the annotation in white capital letters, “IF WE WANT TO MAKE AMERICA GREAT AGAIN WE WILL HAVE TO MAKE EVIL PEOPLE FEAR PUNISHMENT AGAIN.”

Judge Canning waived the statutory provision of confidentiality applicable to Commission proceedings, to the limited extent that the stipulation and Commission’s order accepting it and closing the case would be public.

Judge Canning, who is not an attorney, had been a Justice of the Altona Town Court since 2018. His current term would have expired on December 31, 2021.

The stipulation is linked here.

From his letter to the Town Supervisor

It is with a sense of despair that I find myself writing this letter. As you are aware, the Commission of Judicial Conduct has filed a formal written complaint against me. They have presented me with several different options in resolving what they claim to be a serious offense. I feel as though, due to my current financial situation and obligations to my family, I am being coerced into resigning. So effective immediately I will be vacating the office of Town Justice and I offer this letter of resignation to you for your official records. It has been a pleasure serving this town as one of its justices, and I will greatly miss my duties. l do formally apologize for the inconvenience and hardship that I have imposed on my co-justice and the Town of Altona.

(Mike Frisch)