And be sure to check out The Commission on Judicial Conduct Website
Two NY Judges Censured
The New York Law Journal
November 21, 2007
The Commission of Judicial Conduct has determined that two upstate town justices should be censured, the New York Law Journal reports.
It found that Donald W. Ballagh of Rose, Wayne County, dismissed two charges, including a driving while intoxicated charge, and reduced a third, without giving the district attorney an opportunity to be heard, as is required by state law. The justice acted after the defendant told him that an alcohol-related conviction would delay his enlistment in the U.S. Army, and he had an out-of-court discussion with a recruiter about the case. The commission noted that Justice Ballagh has promised not to repeat such conduct (See Matter of Ballagh).
In the second case, the commission faulted Thomas P. Brooks II of the Veteran Town Court and Millport Village Court in Chemung County for inadequate supervision of court staff, resulting in the careless handling of court funds and other administrative lapses. He also neglected 142 motor vehicle cases by failing to notify the commissioner of motor vehicles that defendants had failed to appear or pay fines. It was stipulated that there was no theft or misuse of funds. The judge has taken steps to improve procedures (See Matter of Brooks). Both of the justices are nonlawyers.
Since 1978, the commission has censured 263 judges, 187 of them town or village justices.
November 21, 2007
The Commission of Judicial Conduct has determined that two upstate town justices should be censured, the New York Law Journal reports.
It found that Donald W. Ballagh of Rose, Wayne County, dismissed two charges, including a driving while intoxicated charge, and reduced a third, without giving the district attorney an opportunity to be heard, as is required by state law. The justice acted after the defendant told him that an alcohol-related conviction would delay his enlistment in the U.S. Army, and he had an out-of-court discussion with a recruiter about the case. The commission noted that Justice Ballagh has promised not to repeat such conduct (See Matter of Ballagh).
In the second case, the commission faulted Thomas P. Brooks II of the Veteran Town Court and Millport Village Court in Chemung County for inadequate supervision of court staff, resulting in the careless handling of court funds and other administrative lapses. He also neglected 142 motor vehicle cases by failing to notify the commissioner of motor vehicles that defendants had failed to appear or pay fines. It was stipulated that there was no theft or misuse of funds. The judge has taken steps to improve procedures (See Matter of Brooks). Both of the justices are nonlawyers.
Since 1978, the commission has censured 263 judges, 187 of them town or village justices.
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11 comments:
The plan is to get rid of ALL non-attorney judges.
All of the above behavior has been attributed to elected judiciary...i know, i worked with them and this is often an everyday occurence with the lawyer" ONES"...I NEVER KNEW YOU COULD BE CENSURED ABOUT SOMETHING THAT HAPPENS CONSTANTLY WITH THE BIG CITY ELECTED JUDGES....COMMISSION ON JUDICIAL CONDUCT? Maybe you should be fair in your discipline....step daddys!
The lawyers want to get rid of all the non-lawyer Judges, they are taking jobs away from lawyers - that's what it's all about, plus they want total control of all the courts.
The State Commission on Judicial Conduct concentrates on farmer -country judges and at the highest level..city court judges! It appears to me that the supreme and administrative judges are just the most perfect humans we could find and we appropriately put them in the highest judicial categories...we are so intuitive as a country and STATE! Now that the commission has removed a Niagara Falls NY judge for ABUSE OF POWER, first time ever...they will ethically and mandatorily take the complaint about the WNY administrative judge without fear and terror...right JOHN P.?
get Francis Nicolai out he is a criminal like the rest
you're right we have been told that we have been targeted.......I feel that some attorneys have set some of us up just to make us look bad.......but it is true the attorneys want control, part of the continuing take over of our state/country by the attorney class our new rulers.
Your Honor (non-lawyer) Judge,
It is not only the lawyers ,their non-lawyer friends and business people that are setting you up, it is the commission on judicial conduct also. Remember, they investigate and review many claims, but those they choose to try and know they can win for statistics and funding, are the cases involving you and others like you! I know them very well and they won't even take a claim or hear one detail about an ADMINISTRATIVE JUDGE! This type of judge is UNTOUCHABLE FOR the commission and their panel members! What kind of tax payers funded entity gets away with this...one very few people know anything about...like OCA!
I implore you and the rest of the good community judges sitting, do not allow THE COMMISSION ON JUDICIAL CONDUCT to proceed with this WITCH HUNT. LAWYERS DON'T PART SEAS, SO DON'T MAKE THEM LOOK LIKE THEY DO...fIGHT THEM WITH THEIR OWN FACTS... IF AND WHEN THEY COME AFTER YOU!
they are like snakes
the lawyer/judges want to run our lives and take over the country!
The ATTORNEYS hate anyone that is not an ATTORNEY and involved in the Judiciary
why don't they censure a few of the lawyer Judges many of them deserve it? WHY NOT?
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