A Private Setting

An attorney has been censured by the New York Appellate Division for misconduct as a candidate for office

Respondent was admitted to practice by this Court in 2011 and lists a business address in Otsego County with the Office of Court Administration. By notice of petition and petition of charges, petitioner has alleged that, among other misconduct, respondent had engaged in illegal conduct that adversely reflected on his honesty, trustworthiness or fitness as a lawyer. The allegations against respondent were primarily based upon conduct that he engaged in during his campaign for political office. Respondent was heard in answer to the petition, and the parties filed their respective Statements of Disputed/Undisputed Fact. Respondent later sought the appointment of a Referee, which application was granted by this Court, but the parties now jointly move for the imposition of discipline upon respondent by consent. Accordingly, the Referee hearing has been stayed by operation of law (see Rules for Atty Disciplinary Matters [22 NYCRR] § 1240.8 [a] [5] [iv]), pending our determination of the parties’ motion.

The court

petitioner notes that misleading statements were made to the news media concerning respondent’s misconduct, which occurred in the context of respondent’s campaign for political office, as well as in his employment as a public employee. Respondent cites many mitigating factors, including his significant efforts to treat personal issues that he asserts contributed to his misconduct, specifically his active and continued participation in self-help organizations (see ABA Standards for Imposing Lawyer Sanctions standard 9.32 [i]), which he notes has permitted him to continue employment, notwithstanding the high public visibility of his misconduct. Respondent also cites his contrition, wherein he accepts full responsibility for his actions (see ABA Standards for Imposing Lawyer Sanctions standard 9.32 [l]), his lack of disciplinary history (see ABA Standards for Imposing Lawyer Sanctions standard 9.32 [a]), his cooperation with petitioner’s investigation (see ABA Standards for Imposing Lawyer Sanctions standard 9.32 [e]) and the reality that his misconduct occurred in a private setting and did not involve the practice of law or affect any clients. Given the totality of the circumstances, we grant the parties’ motion and censure respondent.

WSYR reported during the 2022 campaign

 In his first television interview since losing his job as Madison County assistant district attorney from allegations he overdosed on fentanyl, Bradley Moses tells NewsChannel 9 “I accept responsibility for the position I put myself in.”

Moses, who didn’t admit to taking illegal drugs as police claim, blames intoxication from a golf tournament for not knowing what happened the night of July 30.

“I had gotten myself, by consuming alcohol, to the point where obviously I wasn’t aware of my surroundings,” Moses said while sitting in his home in Cazenovia.

When asked why drugs were in his lake house and why someone who wanted to do drugs was with him, Moses answered: “I can’t answer that question.”

Deputies from the Madison County Sheriff’s Office said several doses of Narcan were needed to bring Moses back from near death, after snorting what was supposed to be cocaine. Toxicology later confirmed the substance was straight Fentanyl.

“I don’t know what occurred,” Moses said when asked if he accepts responsibility for taking illegal drugs. “I don’t know that anyone knows definitely what occurred, but I accept that I put myself in that position.”

Moses said he hasn’t spoken with the people with him that night who might have the answer about where the drugs came from.

In the days following the alleged overdose, Moses released a written statement denying taking illegal drugs. He blames his initial statements on the information he had from the hospital.

Moses said, “The toxicology report that I got from the hospital showed no illegal substances in my system. I had acute kidney failure. I had extreme dehydration. These are the things I was told from the hospital and my doctor. That’s the information I had to go on at the time.”

For the alcohol abuse, Moses is part of outpatient rehab through Crouse and participates in self-help meetings.

Moses still thinks he’s the best person to be elected Madison County Court Judge. Since the incident, he lost the endorsement of the county’s Republican and Conservative Committees. Instead, they’re promoting a write-in campaign for Rhonda Youngs.

Youngs is also endorsed by the county’s Democratic committee in an effort to keep Moses off the bench for the incident.

He said: “It doesn’t define me. It doesn’t change who I am as a person, and it certainly doesn’t change the work I’ve done in my life.”

(Mike Frisch)