Tembeckjian 'Lie-of-the-Day' - No Arbitrary Judicial Discipline

Jurist challenges discipline for slowness in cases; says missed deadlines common
The Albany Times Union by TIM O'BRIEN - November 18, 2009
Gilpatric: I'm not the only one late

ALBANY, NY -- Attorneys debated before the state Court of Appeals Tuesday over whether Judge James Gilpatric should be disciplined for slowness in handling cases. The arguments came two weeks to the day after the Kingston City Court judge won election as a state Supreme Court justice. The state Office of Judicial Conduct admonished Gilpatric over his failure to stay within required legal deadlines for handling cases while he was a part-time judge in Kingston. The position later became full time. Gilpatric had previously received a letter cautioning him that he needed to abide by the deadlines. Gilpatric, a recovering alcoholic, was also once censured for being drunk on the bench. Gilpatric is challenging the admonition, the mildest form of discipline the commission can issue, before the state's highest court. His attorney, James Long, argued that a 1989 court decision, Greenfield vs. the Commission on Judicial Conduct, limits discipline to cases where a judge either defies an order or falsifies records. Neither applies in Gilpatric's case, he said. He also argued the administrative judge, George Ceresia, did not see fit to intervene in Gilpatric's court, so the commission should not be disciplining him. "They should go to the administrative judge. They should not attack Judge Gilpatric," Long said. "This does not rise to a level of judicial misconduct." Court of Appeals Judge Victoria Graffeo questioned Long. "There is an obligation and duty owed to the litigants here," she said. "You're saying let this go," added Court of Appeals Judge Eugene F. Pigott, Jr. "That doesn't solve a problem that has happened twice with your judge."

Robert Tembeckjian, the commission's administrator and counsel, said that failing to respond to a letter of caution should be considered defiant under the court's precedents. Tembeckjian urged the court to revisit the Greenfield case and either reverse or clarify it. But he added doing so was not needed to uphold Gilpatric's discipline. "A caution is a warning," he said. But Pigott said judges throughout the state could be disciplined for failing to meet deadlines. "You could charge every single Family Court judge in the state," he said. Tembeckjian said the commission does not arbitrarily discipline judges. He said it is not the administrative judge's role to discipline judges. After the arguments, Long said, 30 to 40 percent of judges are reporting cases late. "There is not enough time to do it all," he said. Staff writer Tim O'Brien can be reached at 454-5092 or by e-mail at tobrien@timesunion.com.