“Deadbeat” Remark Draws Rebuke

The New York Commission on Judicial Conduct has censured a town court justice who had failed to accord procedural rights to a tenant in an eviction matter. 

On December 26, 2018, respondent presided over Paul Jones v. Seneca Tarby. Only Mr. Jones was present at this proceeding. Mr. Jones did not provide respondent with a notice of petition, a petition or an executed affidavit of service indicating that a notice of petition and petition had been served on Mr. Tarby.

The judge issued a warrant of eviction and

Respondent failed to mechanically record the proceeding on January 15, 2019, notwithstanding the requirement that he do so pursuant to Section 30.1 of the Rules of the Chief Judge and Administrative Order 245/08 of the Chief Administrative Judge of the Courts.

And 

Respondent compounded his misconduct when, at the end of the proceeding during which he granted the tenant’s attorney’s motion to vacate the warrant of eviction, respondent referred to the tenant as a “deadbeat.” Every judge is obligated to “act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary” and to “be patient, dignified and courteous to litigants . . . and others with whom the judge deals in an official capacity.” (Rules §§100.2(A) and 100.3(B)(3)) Judges who are impartial and are viewed as impartial are vital to the essential role of the judiciary in society. When respondent called the defendant a “deadbeat” who did not pay his rent, respondent fell short of this high standard.

(Mike Frisch)