Originally Posted - November 18, 2006




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Otsego Judge Removed For "Contumacious Disregard" Of Duties

OTSEGO COUNTY---The state Commission on Judicial Conduct has determined that Plainfield town justice Kerry R. Lockwood should be removed from office for failing to report and remit court funds in a timely manner and for failing to cooperate with the commission investigation into her conduct.

Lockwood, who is not an attorney has served on the bench since 2000.

The state panel concluded that her conduct showed "indifference" to the proceedings and "contumacious disregard for the responsibilities of her judicial office". She failed to answer the charges or respond to a motion for summary determination.

Judge Lockwood was removed notwithstanding that she resigned from office while the proceeding was pending. Removal automatically bars a judge from holding judicial office in the future.

She had been served with the initial complaint in March and had not responded. Her caseload averaged less than four cases per month.

From January 2004 through December 2005, Lockwood had failed to report and remit court funds in a timely manner. Eleven times during that period, her reports and remittances were late by more than 113 days and twice they were late by more than 640 days.

Her failure to remit court funds in a timely manner resulted in the state comptroller's office giving notice to the town in May, 2005 and December 2005. that her judicial salary should be withheld.

The commission said that Lockwood failed to respond to letters sent to her questioning her filing of reports. When a commission investigator appeared at her court in September 2005 to examine court records, he found a letter left for the commission by Lockwood indicating that she had been unable to locate many of the records the investigator had requested but would attempt to do so. She claimed she hadn't received the commission's previous letters.

Lockwood's employer, attorney Richard Bach told commission staff that he or the judge would communicate the following day to arrange for examination of the requested court records that had not been provided but when the commission tried to arrange for a date to review the records, although she signed the return receipt of certified mail from the commission, she made no effort to schedule an appointment for their review.

The commission concluded that her failure to cooperate with them demonstrated an "unacceptable lack of respect for the process created by Constitution and statute under which the commission is empowered to investigate the conduct of judges. 11-18-06

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© 2006 North Country Gazette


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