A Syracuse Family Court judge tried to conceal his admission to a sexual encounter with his 5-year-old deaf niece in 1972.

Onondoga County Judge Bryan R. Hedges attempted to keep the 40-year-old molestation a secret by voluntarily retiring from the bench and seeking confidentiality when his case reached the state Commission on Judicial Conduct. The agency investigates complaints against judges in the state's Unified Court System.

His concealment attempt failed when the commission ruled 7-2 to issue a removal determination, which means by law that the record of commission proceedings become public.

The commission's administrator and counsel, Robert Tembeckjian, called Hedges' proposed arrangement a "devil's bargain." Details of the commission's investigation were released Wednesday.

Hedges' "retirement" came shortly after he learned that the now 45-year-old victim, Ellen Warner, who had first spoken of the incident at age 16, came forward again after news of child sexual abuse at Penn State and Syracuse University brought back the disturbing memory. Warner asked that her name become public.

At the time of the molestation, Warner was a particularly vulnerable victim. She testified to the panel that at just 5 years old, she was deaf and unable to communicate when the then 25-year-old Hedges put her hand on his penis as he masturbated. She now communicates using American sign language.

As part of the investigation, Hedges admitted in a conversation recorded by the victim's mother that the sexual encounter had taken place, calling his actions "abhorrent" and "indefensible."

Hedges' former position in the community had alarmed local officials. Onondoga District Attorney William J. Fitzpatrick addressed this in the original complaint from March 2012, writing he is "very concerned" about "a sexual predator sitting on the bench making decisions every day that involve allegations of sexual abuse."

Hedges, 65, had been a Family Court judge since 1984, winning three elections in 28 years.

The commission administrator detailed why Hedges was not permitted to quietly resign his seat.

"Removal from office ensures that he will never return to the bench, delivers some measure of justice to the victim, and sends an important message to the public that the integrity of the judiciary will be protected," Tembeckjian said in a written statement. Attorneys Joel Cohen and Paul B. Harding of the commission dissented, saying that as long as Hedges never returned to the bench they would accept his resignation and take no further action.

In the transcript released by the commission, Cohen argues the commission is asking them to "reject his resignation" by pursuing the removal. "Shouldn't we want to encourage resignations by people who recognize they've had a mirror held up to themselves and recognize they've done wrong and they should leave?"

Tembeckjian responds that disclosure of Hedges' past is necessary because "[y]ou've got to educate the rest of the would-be judiciary that if they have this kind of behavior in their past, they shouldn't aspire to be a judge, not that they can make it go away by resigning before you make it public."

Tembeckjian adds later in testimony that the last two times the commission made concealment deals with judges, those judges later returned to the bench.

Hedges testified regretfully to the commission, calling it an "unfortunate incident" but explaining that he doesn't want it publicized because "I have a decent reputation, my Family Court has a decent reputation. I would hate to see that decimated." He went on to testify that his "38 years of experience" are "proof I have been fit and I continue to be fit to hold public office," though he said he has "no desire" to hold such a position now.

New York's statute of limitations on prosecuting the sexual abuse of a child expires five years after the age of 18, so criminal charges against Hedges are not possible.

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