Introduction
Welcome to the official web site of the New York State Commission on Judicial Conduct.
This web site contains information on the Commission's authority and jurisdiction, its history and procedures, its recent decisions and other material related to the field of judicial ethics and professional discipline.
New and Noteworthy
The Commission has accepted a Stipulation from, and closed proceedings against, Turin Town Court Justice James E. Chase (Lewis County) upon his resignation from office. The decision is available at Chase Decision. An accompanying press release is available at 2011 Releases.
The Appellate Division, First Department, has denied a motion by Surrogate Lee L. Holzman (Bronx County) to stay the Commission's disciplinary proceeding against him, pending his appeal of a lower court decision that also denied his application for a stay.
The Commission authorized formal disciplinary charges against Surrogate Holzman in January 2011. Judge Holzman filed an Answer, and the matter was referred to retired Supreme Court Justice Felice K. Shea, as Referee to hear and report proposed findings of fact and conclusions of law. The hearing commenced on the morning of September 12, 2011, at which time Judge Holzman signed a written waiver of confidentiality.
Prior to September 12, 2011, Judge Holzman commenced a proceeding pursuant to Article 78 of the CPLR, seeking to stay the Commission proceedings against him. The matter was assigned to Acting Supreme Court Justice Barbara Jaffe in Manhtattan. Justice Jaffe sealed the record of the Article 78 proceeding, pending her decision. She rendered decision dated September 8, 2011, dismissing Judge Holzman's Article 78 petition.
Judge Holzman, by counsel, returned to Supreme Court on the morning of September 12, 2011, to renew his application to stay the Commission proceedings against him. Judge Jaffe issued a stay, pending decision. The Commission proceeding before Referee Felice Shea was therefore halted. Judge Jaffe thereafter issued a decision, denying Judge Holzman's renewed application.
The hearing before Referee Felice Shea was scheduled to resume on October 11.
On October 5, 2011, Judge Holzman, by counsel, again sought a stay of the Commission proceedings, pending his appeal of the Supreme Court decision dismissing his Article 78 petition. Associate Justice Sheila Abdus-Salaam of the Appellate Division, First Department, granted an interim stay, pending determination by a full panel of the Court as to Judge Holzman's request for a stay. Justice Abdus-Salaam set an expedited schedule for submission of briefs and consideration of the application by the court. Briefs were filed and the matter was fully submitted on October 12.
Accordingly, the hearing before Referee Felice Shea, scheduled to resume on October 11, was postponed, pending decision by the Appellate Division on Surrogate Holzman's application.
On December 6, 2011, the Appellate Division issued an Order, denying Judge Holzman's application for a stay of Commission proceedings, pending appeal. The disciplinary hearing against Judge Holzman therefore resumed. The Referee presided on the following dates: December 14, 15, 16 and 19; January 3, 4, 5, 6, 9, 10, 11, 12, 13 and 17. The hearing, which was held at 111 Centre Street, Room 687, in Manhattan, concluded on January 17, 2012.
When the transcripts of the hearing are completed, the parties will submit briefs to the Referee, afer which she will issue a written report to the Commission, recommending findings of fact and conclusions of law. Thereafter, the parties will submit briefs and appear for oral argument at the Commission as to whether the Referee's report should be accepted and what, if any, sanction should be imposed.
The documents as to both the Commission disciplinary proceeding against Surrogate Holzman, and his Article 78 proceeding against the Commission, are available at Holzman Proceedings.
Matter of Lafayette D. Young, Jr.
The Commission has determined that Macomb Town Court Justice Lafayette D. Young, Jr. (St. Lawrence County) should be removed from office. The determination is available at Young Decision. An accompanying press release is available at 2011 Releases.
Judge Young notified the Court of Appeals that he requests review of the Commission's determination. On November 17, the Court suspended Judge Young from judicial office, with pay, pending disposition of his request for review of the determination. The Court's order is available at Young Suspension. Judge Young, who was required to submit his brief and the record on review to the Court of Appeals by December 20, 2011, asked the Court to dispense with certain of his record-filing requirements. The Clerk of the Court advised the parties that the Court would issue a new schedule for submissions upon deciding his request.
On January 5, 2012, the Court waived strict compliance with the record-filing requirement, permitting Judge Young to file 10 copies of the record on review, rather than 24 copies as set forth in the Court's rules. The Court also advised Judge Young that the record and his brief were to be filed by February 14, 2012.
Military Leave of Absence
Ryan T. Fitzpatrick, an Investigator with the Commission's Albany office, has taken a leave of absence in order to deploy with his Army National Guard unit to Afghanistan. His colleagues at the Commission and throughout the Capital Region wish the best for him and his fellow service men and women, and look forward to his return to the office at the completion of his tour of duty.
The Commission's Mandate and History
The New York State Commission on Judicial Conduct is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, determining to admonish, censure or remove from office those judges found to have engaged in unethical behavior. All determinations are subject to review in the Court of Appeals, New York State's highest court.For a fuller description of the Commission's mandate and history, please refer to the section on Mandate & History in the General Information page of this web site.
Commission Profile
There are 11 Commission members, each serving a term of four years. The Governor appoints four members, the Chief Judge of the Court of Appeals appoints three, and each of the four leaders of the State Legislature appoints one. The members serve part-time, without compensation. The Commission elects one of its members to serve as chair.The Commission appoints an Administrator and Counsel, who serves full-time and hires and directs the staff. The Commission's offices are located in New York City, Albany and Rochester.In addition, the Commission is assisted by a lawyer who is the Clerk of the Commission. A listing of Commission Members and Staff,and selected biographies, are located in the General Information section of this web site.
The best way to communicate with us is by letter, particularly if your purpose is to make a complaint against a judge. (See the page within in this web site on Filing a Complaint.) You may also contact us by fax or e-mail, as indicated below; but please note that, by law, all complaints must be in writing and signed. Communications regarding complaints should be sent in writing to one of the postal addresses below. Because the Commission members decide whether to investigate a complaint, the Commission staff is not permitted to advise complainants or potential complainants whether their complaints would be investigated.
- Postal Addresses
- 61 Broadway ♦ New York, New York 10006 (Principal Office)
- Corning Tower, Suite 2301 ♦ Empire State Plaza ♦ Albany, New York 12223
- 400 Andrews Street ♦ Rochester, New York 14604
- Telephone
- 646-386-4800 (New York City)
- 518-453-4600 (Albany)
- 585-784-4141 (Rochester)
- Fax
- 646-458-0037 (New York City)
- 518-486-1850 (Albany)
- 585-232-7834 (Rochester)
Email the Commission:
General Inquiries: cjc@cjc.ny.gov
Comments Regarding Pending Rules Changes: rulemaking@cjc.ny.gov
For information on public records, go to Public Records on this website.
Useful Links:
Advisory Committee on Judicial Ethics
Judicial Campaign Ethics Center
New York State Commission on Public Integrity
Court System's Ethics Commission
New York State Judicial Institute
New York Codes, Rules and Regulations