News

State scolds 2 local judges

By Colin DeVries

CATSKILL — Two town court justices in Greene County have been admonished by the New York State Commission on Judicial Conduct, leading to the resignation of one of them.

Jewett Town Court Justice Rebecca McGowan was served a formal written complaint on Oct. 19, 2007, containing three allegations:

— Granted special consideration to her brother-in-law, Charles Tatar. At the request of Stanley Tatar, former co-justice of McGowan and father of Charles, McGowan dismissed two charges against Charles alleging violations of the Jewett Dog Control Law;

— Failed to disqualify herself from five other matters in which the defendants were either her relatives or a family friend and granted them special consideration;

— Failed to make timely deposits of court funds from eight cases within 72 hours of receipt, as required by Section 214.9(a) of the Uniform Rules for the Trial Courts (22 NYCRR Section 214.9[a]).

McGowan, who is not an attorney, resigned from office effective July 31, 2008, pursuant to a stipulation which the commission approved, agreeing not to seek nor accept judicial office in the future.

In an unrelated case, Cairo Town Court Justice Thomas A. Baldwin was reprimanded by the commission in a determination dated August 22, 2008.

The commission claimed that Baldwin, who is not an attorney, should be reprimanded as a result of “significant” delays in three small claims actions filed in his court. In one case, Baldwin failed to issue a decision after a hearing, apparently because of a lost. In another case, Baldwin did not rule on a motion to dismiss. In the third case, he failed to rule on a request to hold a debtor in contempt over the alleged failure to return a $855 deposit.

“These delays in cases that have been pending for several years, deprived parties of the opportunity to have their claims resolved in a timely manner,” the commission said in its determination.

The commission also said it was “improper” for Baldwin to delay issuing an eviction warrant in a fourth case based upon ex parte communication and for him not to force the tenants to make a deposit with the court, as required by law.

Prior actions by the NYS Commission on Judicial Conduct in Greene County resulted in the resignation of two town justices, one censure of a town justice, and one admonishment.

Since 1978, the commission has admonished 224 judges in New York State, 148 of them town or village justices, more than two-thirds of the judiciary in New York State are being part-time. The commission has issued a determination of removal as to 158 judges and has censured 269 judges.

The commission consists of 11 members, who serve four-year terms through appointment. When a complaint filed against a justice it is the commission’s charge to approve an investigation.

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