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Selective Judicial Prosecution?

By Jesse Sunenblick
jsunenblick@judicialstudies.com
Posted 06-11-08

Misconduct by Town and Village justices might well have provided the impetus for Albany to increase the budget for the Commission on Judicial Conduct. But is that where the Commission should be training its sights?

In 2006, The New York Times ran an expose on the State’s Town and Village Court system that provoked a series of reforms for the allegedly troubled courts.

But the article might have had another consequence: increased funding for the Commission on Judicial Conduct, which had lobbied in vain for a budget increase for years.

Commission Administrator Robert Tembeckjian readily admits that increased focus on the Town and Village Courts might have created the necessary climate for the Legislature to approve a doubling of his organization’s budget. (A year later, the Commission has doubled the square footage of its headquarters, grown the number of staff attorneys from 10 to 19, and increased its number of investigators from 7 to 10.)

One of the reasons the Commission already ranks as the most robust of its kind nationwide, after all, is because it devotes so much time to overseeing the Town and Village Courts, whose 2300 judges occupy 70 percent of the State’s bench seats.

Indeed, two-thirds of the Commissions’ public disciplines concern Town and Village Judges (many of whom are not attorneys).   

The Commission says this is a numbers game: more Town and Village judges mean more complaints mean more investigations. But as the following statistics show, Town and Village Judges also face a much higher probability of having complaints against them ripen into investigations, which seems less of a math problem and more of a substantive issue.

Does the Commission side with people who want to abolish the Town and Village system outright? Are they biased towards these judges?

Says Tembeckjian, “Complaints of misconduct against Town and Village justices are more likely to have merit, warrant investigation, and result in punishment than complaints against judges of higher courts. This underscores that the lion's share of Commission resources is devoted to investigating and litigating complaints against Town and Village justices.”

That this is so is clear. But as to why such complaints are found more meritorious, Tembeckjian did not say.

2008 Rankings by Percentage of Complaints
that led to an Investigation (for actions taken in 2007)

35%    Non-Lawyers: 241 complaints, 84 investigations
31%    Town & Village Judges (2,250 judges statewide): 328 complaints, 103 investigations
24%    District Court Judges (50): 17 complaints, 4 investigations
23%    Lawyers: 84 complaints, 19 investigations
12%    City Court Judges (385): 244 complaints, 30 investigations
 8%    Supreme Ct. Justices (335): 294 complaints, 24 investigations
 7%    Family Ct Judges (127): 182 complaints, 13 investigations
 6%    County Court Judges (129): 214 complaints, 13 investigations
 6%    Court of Claims Judges (86): 54 complaints, 3 investigations
 5%    Surrogate Judges (82): 42 complaints, 2 investigations
 0%    Ct. of Appeals Judges (7) & Appellate Divisions judges: 29 complaints, 0 investigations
17%   Total: 1729 complaints, 295 investigations
 
The previous year, District Court judges had a higher percentage than Town & Village judges, but the sample size was small:
 
2007 Rankings by Percentage of Complaints
that led to an Investigation (for actions taken in 2006)
 
50%    District Court Judges (50 judges statewide): 14 complaints, 7 investigations
45%    Non-lawyers: 234 complaints, 106 investigations
43%    Town & Village Judges: (2300): 314 complaints, 134 investigations
35%    Lawyers: 80 complaints, 28 investigations
19%    City Court Judges (49): 195 complaints, 37 investigations
18%    Family Court Judges (126): 160 complaints, 29 investigations
18%    Surrogate Judges (63): 33 complaints, 6 investigations
14%    Supreme Court Justices (332): 246 complaints, 35 investigations
11%    Court of Claims Judges (72): 46 complaints, 5 investigations
 7%    County Court Judges (128): 198 complaints, 13 investigations
 4%    Court of Appeals (7) AND Appellate Division (57): 23 complaints, 1 investigation
26%    Total: 1543 complaints, 401 investigations 

 

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