Mail Call (Actually Text)

A town court justice has been admonished by the New York Commission on Judicial Conduct

Respondent, Benjamin L.F. Leavitt, a Justice of the Ossining Town Court, Westchester County, was served with a Formal Written Complaint (“Complaint”) dated October 4, 2022 containing one charge. The Complaint alleged that on or about September 8, 2021, respondent sought special consideration from his cojudge, Jeffrey W. Gasbarro, in connection with the disposition of one or more parking tickets issued to Amanda Billips, his mail carrier for the United States Postal Service (“USPS”). Respondent filed an Answer dated November 28, 2022.

After the mail carrier apprised him of her tickets

On or about September 8, 2021, respondent sent a text message to his co-judge, Jeffrey W. Gasbarro, asking whether the court’s calendar for the next day would include parking tickets. Judge Gasbarro replied affirmatively.

Respondent then sent Judge Gasbarro the following text message: “My mail carrier is on for a parking ticket. I told her I would talk with you. If you could take her postal service into account when deciding whether or not to go lower on the fine than Sonya is recommending that would be great.” (By “Sonya,” respondent meant Deputy Corporation Counsel Sonia Tanksley, who serves as the Ossining Village Prosecutor.)

Judge Gasbarro presided over Ms. Billips’s parking matters the following day and accepted a written plea agreement that Ms. Billips and Ms. Tanksley negotiated without his involvement. Judge Gasbarro imposed the fines reflected in the negotiated agreement.

Sanction

In determining the appropriate sanction, we note that respondent engaged in a singular attempt to use his influence to benefit another person. There is no indication that respondent acted for his personal benefit or gained in any way from contacting his co-judge about his mail carrier’s parking matter. Rather, he appears to have been motivated by a genuine, though inappropriate, wish to help his mail carrier. Respondent promptly accepted responsibility for his misconduct. He also expressed regret that he put his co-judge in a difficult situation and indicated that he has apologized to his co-judge. We have also taken into consideration respondent’s unblemished career as a lawyer and as a judge. When respondent appeared before us, he was contrite and pledged to be mindful of his ethical obligations and the high standards of judicial conduct.

(Mike Frisch)