Corrupt Judicial 'Ethics' Commission Up to Old Tricks

Commission admonishes Kingston judge
The Daily Freeman by Paul Kirby - June 19, 2009

KINGSTON, NY — City Court Judge James Gilpatric has been admonished by the state Commission on Judicial Conduct — the commission’s second action against the judge in four years. The commission found Gilpatric failed to render decisions in a timely manner in 47 cases, “notwithstanding having been cautioned by the commission (previously) ... about his delays and notwithstanding the intervention of his administrative judge and inquires by litigants.” “We view such delays as serious misconduct because of the adverse consequences on individual litigants who are deprived of the opportunity to have their claims resolved in a timely manner and on public confidence in the administration of justice,” the commission wrote in its decision. Gilpatric said on Thursday that he “respectfully’ disagreed with the commission’s opinion, noting that the cases in question were heard when he was a part-time judge, had no secretary or law clerk and was developing the Ulster County Domestic Violence Court. Gilpatric also had a private law practice at the time. “I was doing the best I could under the circumstances,” the judge said. Gilpatric’s attorney, James Long, said the state does not provide judges, particularly part-timers, with the proper tools or pay to provide swift justice. “I would say that the commission has opened a Pandora’s Box,” Long said, adding that the admonishment probably will be appealed. “We are seriously thinking about it,” Gilpatric said of brining the matter to the state Court of Appeals. In 2005, Gilpatric was censured by the judicial conduct commission for being under the influence of alcohol while on the bench 16 months earlier.

The commission, in its written decision at the time, said Gilpatric admitted to the panel that he had been drinking before he took the bench on Sept. 1, 2004, and was unable to carry out his duties. A censure is more serious than an admonishment, but neither action carries any punishment or fine. The least serious action the commission can take against a judge is the issuance of a cautionary letter; the most serious is removal from the bench. Robert H. Tembeckjian, administrator for the Commission on Judicial Conduct, said the vote to admonish Gilpatric was seven in favor, one seeking a cautionary letter sent and one wanting to dismiss the matter. Gilpatric, a Democrat, became a part-time city judge in 1994 and a full-time judge in April, 2007. In November 2007, he was elected to a 10-year term on the City Court bench, defeating Republican Michael J. Bruhn, 4,022-2,801. Gilpatric now wants to seek a state Supreme Court judgeship in New York’s Third Judicial District, which includes Ulster County. Kingston Mayor James Sottile said the commission’s decision to admonish Gilpatric was “unfortunate” and that he always has known Gilpatric to “be a hard-working judge.” “He’s not just down there twiddling his thumbs,” Sottile said. Gilpatric’s salary as City Court judge is $108,800 per year.