IN THE MATTER OF HON. LORRAINE BACKAL, JUDGE OF NEW YORK CITY CIVIL COURT,
BRONX COUNTY, PETITIONER, FOR REVIEW OF A DETERMINATION OF STATE COMMISSION
ON JUDICIAL CONDUCT, RESPONDENT.
87 N.Y.2d 1, 660 N.E.2d 1104, 637 N.Y.S.2d 325
November 30, 1995
SCJC No. 283 (1995 NY Int. 266)
Decided November 30, 1995
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Michael Kennedy, for Petitioner.
Gerald Stern, for Respondent.
PER CURIAM:
Petitioner, a Civil Court Judge charged with judicial misconduct,
resigned from office instead of answering the complaint filed against
her. The charges stem from petitioner's statements to and financial
dealings with a third party who was engaged in drug-dealing and
money-laundering schemes, and her failure to report a cash gift of
$1,500 from that party. Petitioner contends that the Constitution's
grant of authority to the Commission on Judicial Conduct to remove
"judges" applies only to those sitting at the time the penalty is
imposed, thereby rendering Judiciary Law § 47, which permits the
Commission to exercise disciplinary jurisdiction over resigned judges,
unconstitutional. We reject petitioner's constitutional challenge and
conclude that the record fully supports respondent Commission's
determination that petitioner engaged in serious judicial misconduct
warranting removal.
Petitioner Lorraine Backal became a Civil Court Judge of the City of
New York, Bronx County, on January 1, 1989. The charges against her
are, in large part, based on transcripts of conversations between
petitioner and Selwyn Wilson, her former driver. These conversations
took place in petitioner's home on three dates in late 1990 and were
secretly recorded by Wilson, who was acting as an FBI informant.
During the subject conversations, petitioner told Wilson that he was
being sought by the FBI for questioning, that she would advise the
FBI, if asked, that she does not know his whereabouts, that she would
destroy her telephone book records pertaining to him, and that he
should give vague and untruthful answers to FBI questions about
SNIPPETS:
LORRAINE BACKAL, JUDGE OF NEW YORK CITY CIVIL COURT, BRONX COUNTY, PETITIONER, FOR REVIEW OF
This opinion is uncorrected and subject to revision before publication in the New York
The charges stem from petitioner's statements to and financial dealings with a third party
Petitioner contends that the Constitution's grant of authority to the Commission on Judicial
We reject petitioner's constitutional challenge and conclude that the record fully supports
These conversations took place in petitioner's home on three dates in late 1990 and were
Based on all of the foregoing conduct, the Commission on Judicial Conduct charged petitioner
fidence in the integrity and impartiality of the judiciary, in violation of Section 100.2 of the
Petitioner was also charged with engaging in conduct prejudicial to the administration of
On the date that petitioner's answer to the complaint was due, she did not answer, but
Because petitioner "departed from the high standards of conduct required of a judge and has
Petitioner requested this Court's review of the Commission's determination and of her
petitioner argues that resignation clears the slate and insulates a judge from such
We begin our analysis with the general rule that "n independent and honorable Judiciary is
Judicial officers must observe "tandards of conduct on a plane much higher than for those of
The fact that a particular judge may no longer hold that office at the time removal is sought
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