In
the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of
the Judiciary Law in Relation to CHERYL
COLEMAN, a Judge of the
Albany City Court, Albany County.
STIPULATION
THE
FOLLOWING IS HEREBY STIPULATED by and between Robert H. Tembeckjian,
Administrator and Counsel to the Commission on Judicial Conduct (hereinafter
“Commission”), the Honorable Cheryl Coleman, the respondent in this
proceeding, and her attorneys William J. Dreyer and Larry J. Rosen.
1.
This Stipulation is presented to the Commission in connection with a
formal proceeding pending against respondent.
2.
Respondent has been a
Judge of the Albany City Court, Albany County, since January 1, 2002.
Respondent is an attorney and was admitted to the bar of the State of New
York in 1986. Prior to becoming a
judge, respondent served as an Assistant District Attorney in Albany County.
3.
In December 2003, respondent was served by the Commission with a Formal
Written Complaint, alleging inter alia that
in March 2003, respondent improperly asserted the prestige and influence of her
judicial office during a personal dispute between respondent and four women at a
concert at the Pepsi Arena in Albany, which resulted in the arrest of the four
women; that in August 2002, respondent was discourteous to an attorney during a
small claims hearing in which the attorney was representing a party and that
respondent improperly found the attorney in contempt; that in September 2002,
respondent was discourteous to a pro se defendant
charged with parking violations; and that in October 2002,
respondent was undignified and discourteous to the claimant in a small
claims matter.
4.
In May 2004, the Commission served Judge Coleman with a Supplemental
Formal Written Complaint, which alleged that in August 2002, during the course
of an arraignment of a defendant on felony and misdemeanor charges, respondent
was impatient, discourteous and undignified toward the defendant, and summarily
sentenced the defendant to 300 days in jail for ten counts of contempt.
5.
The Commission designated C. Bruce Lawrence, Esq., as referee to hear and
report to the Commission with respect to all of the charges against respondent.
The referee has scheduled a hearing to be held in August 2004.
6.
Respondent tendered her resignation, dated June 10, 2004, effective
August 13, 2004, and affirms that she will neither seek nor accept judicial
office at any time in the future. A
copy of respondent’s letter of resignation is attached.
7.
Pursuant to law, the Commission has 120 days from the date of a judge’s
resignation to complete the proceedings, and if the Commission determines that
the judge should be removed from office, file a determination with the Court of
Appeals.
8.
All parties to this Stipulation respectfully request that the Commission
close the pending matter based upon this Stipulation.
9.
Respondent waives confidentiality as provided by Section 45 of the
Judiciary Law to the limited extent that this Stipulation will be made public if
accepted by the Commission.
Dated:
June 10, 2004
s/
Cheryl Coleman, Respondent
s/
William J. Dreyer, Esq.,
Dreyer Boyajian, LLP, Attorney for
Respondent
s/
Larry J. Rosen, Esq., Attorney for Respondent
s/
Robert H. Tembeckjian, Esq., Administrator & Counsel to the
Commission
LETTER OF
RESIGNATION
June 10, 2004
Honorable
Jonathan Lippman, Chief Administrative Judge
25
Beaver Street
New
York City, New York 10004
Dear Judge Lippman:
The ease with which I made the
transition from prosecutor to defense attorney did not prepare me for the
difficulties in transitioning from advocate to judge.
The qualities which had made me so successful as a lawyer were the same
qualities which had enabled me to survive the toughest blows that life can, and
did, hand out.
Unfortunately, these same traits were
my weaknesses as a judge. In the beginning, my instinct was to confront, to
cross-examine, and to meet disrespect with sarcasm or confrontation. My inability to back down when confronted, both on and off
the bench, made some question whether I was right for the job.
Of course, I was determined to prove
them wrong. For over a year, I
tried as hard as I could to fight my instincts and display the kind of
even-tempered calmness and patience the position requires.
I learned how to diffuse and de-escalate situations.
While everyone noticed the change, I felt overwhelmingly at odds with
myself. I felt like I was constantly holding back, thinking one thing
but saying another; feeling like I would burst.
I began to wonder why I had left something I was great at to do something
in which I had to try as hard as I could just to be adequate.
Ironically, my professional self-esteem was at an all-time low.
Fortunately, what sets me apart from
most is not that I don’t have weaknesses, but that I have always managed to
face up to them, and thus become stronger.
Over the last several months, I have made peace with myself by
acknowledging who I am, and who I am not. I
am not a judge; Not really.
Kindly accept my resignation from my
position as Albany City Court Judge effective at close of business, August 13,
2004.
Very truly yours,
s/ Cheryl F.
Coleman
Cheryl
F. Coleman
Albany
City Court Judge
DECISION
AND ORDER
In
the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the
Judiciary Law in Relation to CHERYL COLEMAN, a Judge of the Albany City Court,
Albany County.
THE
COMMISSION:
Lawrence
S. Goldman, Esq., Chair
Honorable
Frances A. Ciardullo, Vice Chair
Stephen
R. Coffey, Esq.
Colleen
C. DiPirro
Richard
D. Emery, Esq.
Raoul
Lionel Felder, Esq.
Christina
Hernandez, M.S.W.
Honorable
Daniel F. Luciano
Honorable
Karen K. Peters
Alan
J. Pope, Esq.
Honorable
Terry Jane Ruderman
APPEARANCES:
Robert
H. Tembeckjian for the Commission
William
J. Dreyer and Larry J. Rosen for Respondent
The matter having come before the Commission on June 17, 2004
; and the Commission
having before it the Formal Written Complaint dated December 22, 2003,
respondent’s Verified Answer dated March 26, 2004, the Supplemental Formal
Written Complaint dated May 6, 2004, and the Stipulation dated June 10, 2004;
and the Commission, by order dated April 6, 2004, having designated C. Bruce
Lawrence, Esq., as referee to hear and report proposed findings of fact and
conclusions of law; and a hearing been scheduled to commence in August 2004; and
respondent having resigned from judicial office by letter dated June 10, 2004,
effective August 13, 2004, and having affirmed that she will neither seek nor
accept judicial office at any time in the future; and respondent having waived
confidentiality as provided by Judiciary Law §45 to the limited extent that the
Stipulation will be made public if accepted by the Commission; now, therefore,
it is
DETERMINED, on the Commission’s own motion, that the pending proceeding
be discontinued and the case closed pursuant to the terms of the Stipulation;
and it is
SO ORDERED.
Dated:
June 21, 2004
