A Parents Of Impropriety
The New York Commission on Judicial Conduct has censured a full-time judge
notwithstanding that, as a full-time City Court judge, he was prohibited from practicing law, respondent appeared and acted as his daughter’s attorney in a Family Court matter on three occasions and lent the prestige of his judicial office to advance the private interests of another by invoking his judicial title in several instances during his court appearances on November 5, 2015 and March 2, 2016.
In one appearance
During his appearance in court on March 2, 2016, respondent invoked his judicial office in two instances, stating:
- “Now I’m her father as well as an attorney but I’m actually a judge. I can’t practice law except in my own family cases.”
- “Now as a parent I learned one thing, and as a judge, when you say stay away to a young person, they often don’t stay away.”
Respondent’s daughter was granted an order of protection and the matter was adjourned to April 7, 2016.
Sanction
While we believe that respondent’s misconduct comes close to warranting removal, in accepting the jointly recommended sanction of censure, we have taken into consideration that respondent has admitted that his conduct warrants public discipline. We trust that respondent has learned from this experience and in the future will act in strict accordance with his obligation to abide by all the Rules Governing Judicial Conduct.
Dissent on sanction from Member Raskin
I concur with the majority determination and respectfully dissent as to the sanction. The facts in this case are akin to the knowing and tactical misconduct in Matter of Ayres, 30 N.Y.3d 59 (2017). I find unavailing respondent’s assertion that he was unaware his representation contravened established prohibitions. Respondent’s conduct was neither inadvertent nor miscalculated. Rather, it was purposeful and strategic. I would recommend removal based upon the principles established in Ayres.
(Mike Frisch)