Judges Admonished For Money, Recordkeeping
Posted on Tuesday, 13 of October , 2009 at 7:31 pm
ALBANY—The state Commission on Judicial Conduct has admonished two town justices, one for improper handling of court funds and the other for failing to perform certain administrative duties.
The commission found that Bret Carver of the Fremont Town Court in Steuben County failed to deposit $7,685 in court funds within the required 72 hours, and did not report and remit these funds to the Office of the State Comptroller each month as mandated by law during a six-month period in 2008.
“The handling of official monies is one of a judge’s most important responsibilities,” the commission said in its determination released last week.
“Depositing, reporting and remitting such monies promptly, in strict compliance with the statutory mandates, is essential to ensure public confidence in the integrity of the judiciary. The failure to comply with these mandates constitutes misconduct.”
The Commission noted that all of the money has been accounted for and that there is no indication that any of the money was used for inappropriate purposes. Judge Carver also acknowledged his misconduct and committed himself in the future to performing these duties in a timely manner. http://www.scjc.state.ny.us/Determinations/C/carver.htm
The commission also determined that David M. Trickler, a Justice of the Birdsall Town Court, Burns Town Court and Grove Town Court, Allegany County “failed to perform certain administrative responsibilities with respect to numerous cases as required by law” from 2004 to 2006.
The judge did not remit fines and fees to the State Comptroller in a timely manner, was derelict in reporting convictions in traffic cases, neglected to record and issue fine and fee receipts to defendants, and failed to use available means to punish defendants who had failed to appear or pay fines in traffic cases. As a result, the state was deprived of funds that should have been collected.
“Such neglect is unacceptable since it promotes disrespect for the administration of justice, deprived state and local authorities of monies that should have been collected, and enabled defendants whose licenses should have been suspended to continue to drive for months or years,” the commission said.
There is no indication the money in question was not properly deposited, was missing or otherwise mishandled. As a result of the commission investigation,
Judge Trickler is now allegedly up to date, has accounted for all of the money in question, has sought additional training in recordkeeping and financial management from the State Comptroller’s Office, and is working with his newly hired court clerk to avoid recurrence of the problem. http://www.scjc.state.ny.us/Determinations/T/trickler.pdf
An admonishment is the lowest level of public sanction and amounts to no more than a slap on the wrist. 10-13-09
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Category: Courts, New York State
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