No, Thank You, Would Have Sufficed
The New York Commission on Judicial Conduct has censured another town court justice for off-the-bench driving issues
Respondent was sworn in as President of the New York State Magistrates Association (SMA) on September 25, 2018, for a term ending on September 17, 2019. The SMA inter alia offers education and training programs to town and village court justices on adherence to the Rules Governing Judicial Conduct and judicial ethics.
On December 12, 2018, respondent left his place of employment at the Slocum-Dickson Medical Group shortly after 6:00 p.m. and drove his vehicle to Stoney’s Tavern on South Main Street in Herkimer, New York. Respondent consumed at least two alcoholic beverages between 6:40 p.m. and 7:10 p.m., when he left Stoney’s.
Respondent then drove approximately half a mile to the Elks Lodge on Mary Street in Herkimer, where he consumed at least two more alcoholic beverages between 7:15 p.m. and 8:20 p.m., when he left the lodge.
Respondent then drove again to Stoney’ s Tavern, where he consumed more alcohol until sometime after 9:00 p.m., when he again left Stoney’s.
Respondent then drove to South Washington Street in Herkimer, which is less than half a mile from Stoney’s. At approximately 9:28 p.m., as a result of his impairment by alcohol, respondent lost control of his vehicle and crashed into the side of a former Kmart building on South Washington Street. The impact of the crash caused damage to both the building and respondent’s vehicle such that, inter alia, the left front wheel of respondent’s vehicle flew off and the airbags deployed.
At the time of the crash, respondent was carrying a loaded handgun and had another full magazine of ammunition in one of his pockets. Respondent was licensed to carry a firearm.
On December 12, 2018, after emergency responders and Herkimer police arrived at the scene of the crash, respondent told Paramedic Joseph Durr that he was coming from Stoney’s and had consumed alcohol. Respondent, whose breath smelled strongly of alcohol, was yelling obscenities and was otherwise belligerent to Mr. Durr and to Herkimer Police Sgt. John Scholl. At one point, respondent asked Mr. Durr to arrest Sgt. Scholl.
Respondent repeatedly refused Sgt. Scholl’s request to undergo field sobriety tests or a chemical test of his blood alcohol content, despite three separate warnings by Sgt. Scholl about the consequences of such refusals, including that his driver’s license would be suspended. In response to one of Sgt. Scholl’s requests to submit to a roadside breath test, respondent said, “No, fuck you.”
He pled guilty to driving charges
Respondent’s misconduct was aggravated when he was uncooperative and belligerent during his arrest. Respondent yelled obscenities at the paramedic and police personnel who responded to the scene of his car crash. He asked the paramedic to arrest the police sergeant. He repeatedly refused to take field sobriety tests and a chemical test of his blood alcohol level. In response to one of the police sergeant’s requests that he take a breath test, respondent stated, “No, fuck you.” This conduct is inconsistent with a judge’s obligation to maintain high standards of conduct at all times, both on and off the bench, in order to promote public confidence in the integrity of the judiciary.
Further aggravating respondent’s misconduct, he carried a loaded handgun and another full magazine of ammunition while impaired by alcohol. Although respondent was licensed to carry a firearm, he exercised extremely poor judgment in carrying a loaded firearm in these circumstances.
In mitigation, shortly after the accident, respondent was evaluated by a Credentialed Alcoholism and Substance Abuse Counselor and a multidisciplinary team. They determined that no treatment was recommended for respondent. Nevertheless, respondent has voluntarily participated in counseling with a Credentialed Alcoholism and Substance Abuse Counselor.
The agreed statement of facts is linked here. (Mike Frisch)