Monday, January 11, 2016

The New York Commission of Judicial Conduct has censured a Supreme Court justice who drove drunk and asserted his judicial status when stopped

On October 17, 2012, respondent drove his car on Interstate 87 from Saratoga Springs to Colonie, New York, after voluntarily consuming a sufficient number of alcoholic beverages to cause him to become legally intoxicated...

Respondent had left Saratoga Springs around 3 :00 PM on that date, after attending a judicial conference. He testified at the hearing that he "drank pretty heavily" the preceding night, and while he did not recall drinking that day, it was "not unlikely" he did so. The night before his arrest, respondent also took Xanax, which he had been prescribed, in an undetermined amount; however, the effect, if any, of this medication on his actions is uncertain and unquantifiable.

When stopped, he was polite but

...respondent at least twice volunteered that he was coming from a judicial conference although Sergeant McGreevy had not asked him where he was coming from or where he had been.

Respondent told Sergeant McGreevy that he wanted to show her his luggage in the trunk of his car in order to prove that he was coming from a judicial conference, and, despite Sergeant McGreevy's request that respondent not open the trunk, he did so.

After respondent was placed under arrest and handcuffed, he said to Sergeant McGreevy, in words or substance, "Is this how you treat a Supreme Court Judge?

During the drive to the State Police Station in Latham, respondent referred to the fact that he was a judge.

At the station house, respondent said, in words or substance, "Is this the way you treat a Supreme Court Justice?" and "Couldn't this just be resolved with a Speeding ticket?" and/or "Couldn't this just be made a Speeding ticket?"

He has been treated for alcoholism.

The commission viewed the driving and assertion of judicial status as serious misconduct.

the record establishes that respondent operated his vehicle while intoxicated, at a high speed (at least 80 miles per hour) and in an unsafe manner, and continued to do so for two more miles while pursued by police, with emergency lights and siren activated, before stopping abruptly. While he was not charged with attempting to flee, his conduct imperiled the lives of others, including other motorists, their passengers and law enforcement personnel.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2016/01/the-new-york-commission-of-judicial-conduct-has-censured-a-judge-who-drove-drunk-and-asserted-his-judicial-status-when-stoppe.html