New York State
Commission on Judicial Conduct
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New York State Commission on Judicial Conduct
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In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law in Relation to REBECCA McGOWAN, a Justice of the Jewett Town Court, Greene County. DECISION AND ORDER BEFORE:
APPEARANCES:
The matter having come before the Commission on July 31, 2008fillin "" \d ""; and the Commission having before it the Formal Written Complaint dated October 19, 2007, respondent’s Answer filed on November 28, 2007, and the Stipulation dated July 17, 2008; and the Commission, by order dated March 6, 2008, having designated Jay C. Carlisle, Esq., as referee to hear and report proposed findings of fact and conclusions of law, and no hearing having been held to date; and respondent having resigned from judicial office by letter dated July 15, 2008, effective July 31, 2008, 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 approved by the Commission; now, therefore, it is DETERMINED, on the Commission’s own motion, that the Stipulation is accepted and that the pending proceeding be discontinued and the matter closed pursuant to the terms of the Stipulation; and it is SO ORDERED. Dated: August 4, 2008
In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law in Relation to REBECCA McGOWAN, a Justice of the Jewett Town Court, Greene 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 Rebecca McGowan, the respondent in this proceeding, and her attorney, Scott W. Bush, of Roche, Corrigan, McCoy & Bush, PLLC. 1. This Stipulation is presented to the Commission in connection with a formal proceeding pending against respondent. 2. Respondent is not and has never been an attorney. She has been a Justice of the Jewett Town Court, Greene County, since January 2005. Her current term of office expires on December 31, 2008. 3. Respondent was served with a Formal Written Complaint dated October 19, 2008, a copy of which is annexed as Exhibit A. 4. Respondent submitted an Answer on November 28, 2008, a copy of which is annexed as Exhibit B. 5. By Order dated March 6, 2008, the Commission designated Jay C. Carlisle, Esq., as referee to hear and report proposed findings of fact and conclusions of law. The referee has scheduled a hearing to be held on July 17-18, 2008. 6. Respondent tendered her resignation, dated July 15, 2008, effective July 31, 2008, 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 annexed as Exhibit C. 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: July 17, 2008 s/ Honorable Rebecca McGowan Respondent
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