IN THE MATTER OF THE HONORABLE RONALD C. ROBERT, JUSTICE OF THE CHESTER TOWN
COURT, WARREN COUNTY, PETITIONER, v. FOR REVIEW OF A DETERMINATION OF STATE
COMMISSION ON JUDICAL CONDUCT.
89 N.Y.2d 745, 680 N.E.2d 594, 658 N.Y.S.2d 221 (1997).
May 1, 1997
SCJC No. 74 (1997 NY Int. 62)
Decided May 1, 1997
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Submitted by Ronald C. Robert, pro se, for Appellant.
Submitted by Gerald Stern, for Respondent.
PER CURIAM:
Petitioner, a Justice of the Chester Town Court, Warren County, was
charged with violating the Rules of Judicial Conduct by presiding over
cases involving his friends notwithstanding that he had been
previously cautioned by the Commission on Judicial Conduct against
presiding over such cases, and for confronting a woman, in the
presence of her employer, after she had sent a letter to the editor of
the local newspaper containing statements critical of petitioner. A
hearing was held before a referee designated by the Commission, and
petitioner and several other witnesses testified. The referee found
that the factual allegations of the charges were sustained. The
Commission's majority determination did not consider the prior letter
of caution that petitioner had received from the Commission.
Nonetheless, the Commission confirmed the other findings of the
referee and noted that petitioner had continued to hear a number of
cases involving his personal friends even after he was aware the
Commission was examining that conduct in this proceeding. A majority
of the Commission determined that petitioner had engaged in misconduct
warranting removal from office (two of the members of the majority
would have considered the letter of caution from the Commission in the
findings of fact in the determination); three members of the
Commission dissented with respect to the sanction and voted that
petitioner be censured.
We conclude, after a full review of the record, that each of the
charges is established. It was improper for petitioner to preside over
cases involving his close friends (see, e.g., Matter of Murphy v
State Commn. on Judicial Conduct, 82 NY2d, 491, 495; Matter of
SNIPPETS:
IN THE MATTER OF THE HONORABLE RONALD C. ROBERT, JUSTICE OF THE CHESTER TOWN
COURT, WARREN COUNTY, PETITIONER, v.
COMMISSION ON JUDICAL CONDUCT.
This opinion is uncorrected and subject to revision before publication in the New York
Petitioner, a Justice of the Chester Town Court, Warren County, was charged with violating
A hearing was held before a referee designated by the Commission, and petitioner and several
The Commission's majority determination did not consider the prior letter of caution that
the Commission confirmed the other findings of the referee and noted that petitioner had
A majority of the Commission determined that petitioner had engaged in misconduct warranting
We conclude, after a full review of the record, that each of the charges is established.
It was improper for petitioner to preside over cases involving his close friends (see, e.g.,
on Judicial Conduct, 82 NY2d, 491, 495; Matter of Fabrizis v State Commn.
Petitioner testified at the hearing that he intended to continue presiding over matters
The fact that the misconduct continued even after petitioner was on notice that the
Accordingly, the determined sanction of removal should be accepted, without costs.
Opinion Per Curiam.
Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine and Wesley concur.
|
