Originally Posted - February 21, 2007

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ALBANY---The state Commission on Judicial Conduct has removed a Cortland County town justice from office and admonished a town justice in Genesee County.

In a determination dated Feb. 7, the commission found that Cuyler town justice Jean Marshall dismissed code violation charges in four cases based on out-of-court conversations and then attempted to conceal her misconduct by altering her court calendar and testifying falsely about her actions.

The judicial panel found that the judge engaged in ex parte conversations, three with the defendants and one with another individual, and then dismissed the cases prior to the adjourned date without notice to the prosecution. Such conduct "reveals a fundamental misunderstanding of basic legal procedures", commission counsel determined.

Thereafter, when the Commission investigated her conduct, the panel found that the judge testified falsely that she had not adjourned the cases, and she altered her court calendar to conceal the adjournments. The Commission concluded that the judge's "deception and dishonesty are exponentially worse than the original misconduct she attempted to conceal" and "demonstrate[ ] convincingly that she is unfit to serve as a judge." http://www.scjc.state.ny.us/Determinations/M/marshall.htm

In the Alabama town court in Genesee County, the state commission found that town justice John R. Tauscher should be admonished.

In a determination dated Feb. 5, the Commission found that Judge Tauscher made public statements in which he implicitly threatened to reduce fines in future cases unless the Town Board approved a proposed salary increase for himself and his co-judge.

The judge's statements were made in November 2005 at two public hearings before the townbBoard on the next year's budget. In asking the board to reconsider his request for a $200 raise, Judge Tauscher repeatedly referred to his discretionary ability to set fines and thereby increase or decrease town revenues. When asked directly if he was threatening to reduce fines in future cases, the judge stated: "I have that right."

The commission concluded that Judge Tauscher's statements were "unseemly" and "implicitly threatening." The "clear import" of his statements was that he could reduce fines if the Board refused to raise his salary and that he could set higher fines and forfeit bails to help fund the requested increase. Although there was no indication that Judge Tauscher ever acted on his implied threats, such statements "undermine confidence in the judicial role, which is to exercise discretion, without bias or prejudice, based on the merits of each case." http://www.scjc.state.ny.us/Determinations/T/tauscher.htm
2-21-07

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