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In separate matters, two town justices have resigned from office just prior to hearings being convened by the state Commission on Judicial Conduct on allegations of judicial misconduct.
George W. Hewlett, a non-attorney who has been Potsdam town justice in St. Lawrence County since 1992, resigned just prior to a hearing being convened into allegations which could perhaps be best described as operating a kangaroo court.
It was alleged that Hewlett had granted default judgments to plaintiffs in approximately 44 cases without requiring the submission of the necessary documentation of the default upon which the judgment is based as required by law. The commission also charged that Hewlett engaged in unauthorized ex parte communications with defendants in the absence of plaintiffs or plaintiff's counsel and entered judgments on the basis of information elicited from those improper ex parte communications in 14 cases.
He allegedly failed to afford defendants in 15 cases full an fair opportunity to be heard by entering judgments against defendants after an appearance without scheduling trials or requiring the plaintiffs to appear or file motions for summary judgment to which the defendant could respond, the commission charged. It was also alleged that in two contested matters in which Hewlett held hearings, he failed to afford the defendants the opportunity to present evidence or cross-examine the plaintiff's witnesses before entering judgments in favor of the plaintiffs.
http://www.scjc.state.ny.us/Determinations/H/hewlett.htm
Hewlett failed to disqualify himself or otherwise disclose to parties his relationship to a relative of a respondent within the sixth degree who appeared in acourt as a witness to testify on behalf of a plaintiff in two matters, the commission said, and Hewlett failed to transfer a criminal matter to the court of proper jurisdiction and granted a default judgment to the claimant in a small claims matter in which the attorney for the corporate respondents appeared notwithstanding that the law provides that a corporate defendant may appear by counsel.
In another matter, the commission said, Hewlett banned an attorney from appearing before him for three months.
Hewlett failed to answer the charges against him and submitted his letter of resignation on Feb. 17.
Earl R. Harris, Camden town justice in Oneida County, had been served a formal written complaint in October 2005, alleging that he had failed to deposit court funds in a timely manner, resulting in a cumulative deficiency in his court bank account of $3,702.80; that he had failed to report and remit $685 in court funds to the state comptroller as required by law; collected restitution and failed to distribute $1.842 to the appropriate recipients; failed to keep a cashbook and failed to make dockets of small claims and civil cases.
Harris had filed a response to the complaint in December 2005, denying the allegations and a hearing was scheduled for March 22. Harris submitted his letter of resignation on March 9, to be effective May 1 and has agreed to neither seek nor accept judicial office at any time in the future. http://www.scjc.state.ny.us/Determinations/H/harris,_earl.htm 5-10-06
© 2006 North
Country Gazette
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