Judge Admonished For Conduct As Defendant In Small Claims Case
A town court justice who is an attorney has been admonished by the New York Commission on Judicial Conduct for his conduct in a small claims matter where a client had sued him for return of the fee
On August 31, 2021, Alden Town Court Clerk Sarah Miller sent respondent a text message about Ms. Wynecoop’s small claims application, inter alia noting that recusal would be necessary. Her message stated as follows:
Good morning Mike! Just a heads up a lady named Candace called in asking about a small claim application for a deposit she allegedly paid you at your office. We would have to recuse anyways but I just wanted to let you know.
Respondent replied via text message, inquiring about the identity of the caller. Ms. Miller then identified her as “Candace,” and then noted, “Sorry I was to[o] late, She just left here.
Respondent then asked Ms. Miller, “Did she file?” Approximately one minute later, before Ms. Miller replied, respondent sent her a text message stating, “It’s okay. I just emailed her.”
Approximately seven minutes later, in response to respondent’s having asked if Ms. Wynecoop had filed a small claims application, Ms. Miller sent a text message stating, “She did.” Approximately one minute thereafter, respondent replied, “Okay. Don’t mail me the notice. Just put in my inbox.”
Approximately one minute later, Ms. Miller texted respondent that she did not intend to draft a case notice for him because she anticipated both Alden Town Court justices would recuse themselves from Ms. Wynecoop’s case. Approximately one minute later, respondent texted to Ms. Miller that she should “Hold for a bit,” adding, “I’m gonna call her and ask her to withdraw it.”
He then discussed the matter with the client
On September 3, 2021, respondent emailed Ms. Wynecoop, confirming their discussion, informing her that he had written and mailed a check in her name for $1,515 to her Indiana mailing address, and requesting that she email him when she received his check. In both his email and letter of September 3, 2021, respondent asked Ms. Wynecoop to let the court know at her earliest convenience once the check cleared, and to request that her small claims case “be withdrawn as satisfied.”
Subsequent to his email to Ms. Wynecoop on September 3, 2021, respondent put a note in the Alden Town Court file for her, dated September 7, 2021, stating, “Candice should have received $1,515.00 from my office today,” and “Please wait until next week, and if she hasn’t called, call her and ask her if she withdraws her action.”
On October 5, 2021, in the absence of any communication from Ms. Wynecoop confirming her withdrawal of her application, respondent signed a certificate of disqualification from her case. A transfer order of the Eighth Judicial District Administrative Judge, dated October 6, 2021, moved the case to the Clarence Town Court, which set the matter down for a hearing on December 14, 2021.
On December 14, 2021, after communication from Ms. Wynecoop, respondent emailed a letter to the Clarence Town Court, with a copy via email to Ms. Wynecoop, stating that the parties had resolved their case, and neither intended to appear at court that evening.
Misconduct
Respondent acknowledges that it was improper for him as a judge to influence court staff to delay the processing of a claim filed against him by a litigant. He recognizes as well that such a claim would have to be transferred to another court because of the obvious conflict that would arise were his court to adjudicate a claim against him. Respondent also recognizes that even if his intent was to resolve the matter quickly, he effectively used his status as a judge to avoid public disclosure and the potential embarrassment of a personal lawsuit against him.
(Mike Frisch)