|
SARANAC LAKE--Thomas R. Glover, a justice of the Saranac Lake Village Court and the Harrietstown town court in Franklin County has been censured---on step short of removal-for his handling of a noise dispute between neighbors.
In imposing its public sanction against Glover, the state Commission on Judicial Conduct said that it is the proper role of a judge to preside in court proceedings, not to act as a mediator, investigator, prosecutor or ombudsman and that Glover's activities in the dispute "overstepped the boundaries of his judicial authority and compromised his impartiality".
Glover has been a village justice since March, 1991 and a town justice since January, 2003. He is not an attorney.
The matter involves a series of noise complaints made to the court in November, 2003 by Harrietstown resident Susan Etri regarding band rehearsals being conducted on the property of her neighbor, Dan Marrone.
In the fall of 2003, Marrone distributed flyers to his neighbors, notifying them that his band would be rehearsing during the evenings from 7 to 9 p.m. in a shed on his property, which he had soundproofed. Marrone's letter requested that the neighbors first contact him with regard to any complaints before notifying police. Thereafter, Mark Taylor and Susan Etri made a series of complaints to the New York State Police but the police declined to lodge any charges against Marrone. In October and November 2003, Glover met ex parte at court with Mark Taylor and Susan Etri and received at least two letters from them, complaining about the rehearsals. Ms. Etri also furnished respondent with copies of the State Police incident reports relative to her complaints, and hotel bills she claimed to have incurred in order to avoid the noise from the music.
In November 2003, Glover met ex parte at court with Marrone and his mother, Rhonda Marrone, who inquired whether Marrone was violating any laws with regard to the band rehearsals. Glover indicated no laws were being violated.
Thereafter, Glover received additional complaints by telephone from Ms. Etri concerning the rehearsals and the town justice issued to Marrone a letter dated Dec. 1, 2003, on town court stationery stating that it was "an order of this court" that "from this day forward" Marrone "shall not continue to practice" with his musical band "outside in any area (i.e. shed, shack, barn or building) within your property" except "within the confines of your home with windows and doors closed."
The judge stated in the letter that if Marrone were to violate the provisions of the letter, he would be held in contempt of court and that the New York State Police were allowed to arrest him for contempt of the order. Glover sent copies of his letter to the State Police, the district attorney's office, his co-judge and Marrone's neighbors, among others, based upon his prior ex parte communications with neighbors of Dan Marrone and others, and notwithstanding that no court or other legal proceedings concerning Marrone had been commenced or were otherwise before the court.
After receiving the judge's letter, Marrone and his parents complained to the district attorney's office which brought the impropriety of Glover's letter to his attention. Thereafter, Glover orally instructed the State Police not to enforce his Dec. 1, 2003 letter, but he did not put anything in writing to that effect.
About March 1, 2004, on the complaint of the Etris, an accusatory instrument was filed by the State Police charging Dan Marrone with aggravated harassment for playing his bass guitar loudly on that date. The defendant accompanied the arresting officer to the police station, where he was issued an appearance ticket to appear in the Harrietstown Town Court. Glover properly disqualified himself as a consequence of his prior improper ex parte communications. The charge was summarily dismissed by respondent's co-judge, Michael Kilroy, on the recommendation of the district attorney.
"As a judge for more than a decade, respondent should have realized that he lacked jurisdiction to issue an ex parte threatening letter", the commission determined. "The fact that he orally instructed the police not to enforce the letter mitigates but does not excuse his conduct. Every judge is required to maintain professional competence in the law and to refrain from lending the prestige of office to advance private interests".
11-1-05
© 2005 North
Country Gazette
|
