The New York Commission on Judicial Conduct admonished a Supreme Court justice based a stipulated facts

Charge I of the Complaint alleged that in 2022, respondent voluntarily prepared two Character Reference Letter forms, in which he indicated his occupation as a Supreme Court Justice, in support of pistol license applications filed with the Westchester County Department of Public Safety by two family friends. Charge II alleged that on August 20, 2022, respondent initiated, engaged in, and considered improper ex parte communications with the plaintiff’s attorney in a matrimonial case that was pending before him. Charge III alleged respondent failed to file his 2021 financial disclosure statement with the Ethics Commission for the Unified Court System (“Ethics Commission”) by May 15, 2022, or to seek an extension of time to do so, contrary to the requirements of the Rules of the Chief Judge (22 NYCRR Section
40.2). Respondent filed an Answer dated June 27, 2024.

The letters

In November 2022, respondent became aware that judges are prohibited from voluntarily serving as character witnesses, and on November 18, 2022, he sent a letter to the Westchester County Clerk Pistol Licensing Division, rescinding the reference letters he had provided for Mr. Rafferty and Mr. Cheatham. At the time, Mr. Cheatham had not yet submitted his completed application to the Licensing Division, and at respondent’s request, he did not submit the reference respondent had provided him.

Ex parte contact

Respondent did not disclose to the parties, defense counsel or the attorney for the children that he had spoken to Judge Lubell on August 19th or Mr. Lieberman on August 20th. Respondent did not discuss the substance of the case with any of the parties or attorneys. 

It was stipulated that Respondent was a new judge

Respondent has been forthright, cooperative and contrite throughout the Commission’s inquiry.

(Mike Frisch)