Corrupt and Useless 'Ethics' Commission Feeling Heat

And those footsteps they hear are from the angry feet of the feds...

Added Staff Helps Conduct Panel Weather Surge in Complaints
The New York Law Journal by Joel Stashenko - May 11, 2009

ALBANY, NEW YORK - An infusion of new state funding and the subsequent addition of staff attorneys and investigators two years ago has allowed the Commission on Judicial Conduct to stay on top of a record number of complaints filed against judges in 2008, according to administrator Robert H. Tembeckjian. The commission said in its 2009 annual report released Friday that despite an all-time high complaint total of 1,923, the commission ended the year with 208 pending matters. That was down by nearly one-quarter from 2007, the year in which the agency received a funding boost to nearly $4.8 million from $2.8 million. Mr. Tembeckjian said the increase in complaints from 1,711 in 2007 could not be attributed to any deterioration in judicial behavior. Rather, the number of complaints "suggests to me that people know where we are and they are more likely to make complaints," Mr. Tembeckjian said Friday. "But the quality of those complaints, to the extent that they suggest misconduct, is not increasing and the overall sensitivity of the judiciary to their ethical obligations continues to improve," he added.  Public disciplinary actions were taken in 21 cases, six fewer than in 2007, though cases referred for investigation rose to 262 from 192 in 2007. Of the 21 public punishment decisions last year, the one removal recommendation involved David F. Jung as Family Court judge in Fulton County for failing to allow jailed prisoners free access to court proceedings involving their families (NYLJ, Feb. 20, 2008). The Court of Appeals upheld the recommendation in October.  There were also eight public censures by the commission last year, six public admonitions and six stipulations with the commission under which judges agreed to leave the bench and not seek judicial office in the future.

In 20 other cases, judges resigned from the bench while formal charges were pending against them by the commission. Confidential letters cautioning judges about their behavior were sent out 37 times last year, up from 25 in 2007, though Mr. Tembeckjian said the numbers of such warning letters has fluctuated from year to year from the 20s to the 50s. The additions to the commission's budget starting in the 2007-08 fiscal year allowed it to expand its roster of staff attorneys to 19 from 10 and the number of investigators to 10 from seven. Overall, the staff increased from the equivalent of 28 1/2 positions to the current 49 positions. Mr. Tembeckjian said the added support allowed the commission to more effectively move cases. He said matters involving less complex allegations of misconduct typically move from complaint to disposition in about nine months, down from 15 to 18 months prior to the staff additions.  Complaints that are deemed unworthy of investigation are typically disposed of in three months, down from six or seven months prior to 2007, he said. "What I think is most important is that the commission now has the resources to do its job more efficiently than it has in the past, which means that misconduct gets disciplined more promptly and unsubstantiated complaints against judges are dismissed more quickly and also not held over the head of the judge," Mr. Tembjeckian said. Though the commission is authorized for 55 positions, six will not be filled this fiscal year. "We recognize that we have to do our part to conserve resources in a period of serious economic shortage and we appear to be managing our caseload with the number of staff we have," Mr. Tembjeckian said. "We do not want to be in a position of filling staff just because the positions are available." The commission received $5.2 million in funding for the 2009-10 fiscal year, about 2 percent less than in fiscal 2008-09.

Legislative Proposals

The 10-member commission, which is chaired by Rochester-area attorney and Town Justice Thomas A. Klonick, also repeated calls in its annual report for legislative changes that it has advocated for in the past.

They included:

• Adoption of an amendment to the state Constitution giving the Court of Appeals the power to suspend a judge who faces a misdemeanor that does not involve "moral turpitude." The commission said a drinking-and-driving offense does not merit the suspension of a judge under current state laws, though the panel said it is an offense that would harm the public's confidence in a judge.

• Making judges' disciplinary proceedings before the commission public. The commission said proceedings before comparable disciplinary bodies in 35 other states are open to the public.

The commission has proposed to open its proceedings before, but the idea has been rebuffed by the Legislature. Joel.Stashenko@incisivemedia.com