Almost Home

A censure imposed by the New York Commission on Judicial Conduct on a town court justice who also is an attorney

On March 19, 2018, at the airport in Orlando, respondent consumed at least four or five glasses of vodka and seltzer from approximately 9:00 a.m. to 11 :00 a.m., prior to boarding a flight to Albany, New York, that departed at approximately 11 :00 a.m.

During the flight from Orlando to Albany, which lasted approximately three hours, respondent consumed at least another four alcoholic drinks containing vodka. Respondent also consumed two small bags of peanuts but had nothing else to eat.

After arriving at the Albany airport in the afternoon on March 19, 2018, respondent went to the airport parking lot where his personal car, a 2013 Subaru Outback, was parked. Respondent’s vehicle bore “SMA” license plates, which identified it as belonging to a judge. “SMA” stands for the State Magistrates Association, which is composed of town and village court justices throughout New York State.

Respondent entered his vehicle in the parking lot and, still under the influence of alcohol, began to drive to his home in Shandaken, New York, a distance of approximately 70 miles, requiring a travel time of approximately 90 minutes to two hours. His route included a stretch of the New York State Thruway.

While on the Thruway, respondent stopped at the New Baltimore service area in Hannacroix, New York, drank from a bottle of vodka that was in his car, then resumed his drive toward Shandaken – a remaining distance of approximately 47 miles, or about one hour of travel time.

At approximately 5:30 p.m. on March 19, 2018, at the intersection of New York State Route 212 (a/k/a “Plank Road”), Wittenberg Road and Mount Tremper Phoenicia Road in Shandaken, respondent lost control of his vehicle and crashed, causing damage to the front of his vehicle and property damage to two stop signs and two benches. Photographs of the damage to respondent’s vehicle, which subsequently cost $6,784 to repair, are appended to the Agreed Statement of Facts.

Shandaken Police Officer Kyle Hassett and Woodstock Police Officer Christopher Benson separately arrived at the scene of the accident at approximately 5:35 p.m. In conversing with respondent, both officers smelled an odor of alcohol emanating from respondent and observed that he had glassy/watery eyes and impaired motor coordination.

Officer Hassett asked whether respondent had consumed any alcoholic beverages, to which respondent replied that he had consumed only two alcoholic drinks on his flight or at an airport.

Also

At a hearing before the referee in the disciplinary matter herein, Troopers Adams and Manley would testify that, when Trooper Adams requested respondent’s license and registration, respondent asked if Trooper Adams knew who he was, which the troopers understood to be a reference to respondent’s judicial office. When Trooper Adams replied, “Yes, I do” and/or that he did not care who he was, respondent said that he would never again come out to conduct an arraignment for the State Police.

At a hearing before the referee in the disciplinary matter herein, respondent would testify that, although he has no recollection of making such statements, he does not dispute the recollections of the troopers.

(Mike Frisch)