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ALBANY----The state Commission of Judicial Conduct has determined that Cathryn M. Doyle, Albany County Surrogate's Court judge, should be censured for showing a "lack of candor" in 2004 when she gave testimony during the panel's investigative of her involvement in a legal expense fund created for the benefit of former Albany Supreme Court Justice Thomas J. Spargo.
Spargo was removed from office last spring for conduct "totally inconsistent with the high standards of integrity and propriety required of members of the judiciary" including his attempt to solicit funds from various lawyers for a defense fund established to help defray his legal expenses after the initial disciplinary complaint had been filed against him. http://www.scjc.state.ny.us/Determinations/S/spargo.htm
The commission found that Judge Doyle "repeatedly minimized and distorted" her knowledge of the Spargo fund and her involvement in it. Although it dismissed a separate charge concerning her involvement in the fund itself, the commission found that the judge engaged in misconduct by giving "shifting and evasive" responses to questions, which "violated her duty to be forthright and cooperative."
The commission stated: "In our view, a judge's obligation to testify truthfully and forthrightly…is not satisfied by responses that are 'overly technical,' incomplete or otherwise misleading."
The judicial panel rejected the recommendation of its administrator that Judge Doyle be removed from office, finding in part that the judge's misconduct was mitigated by a letter she wrote following her testimony that contained "truthful admissions." However, the Commission noted that it would have suspended Judge Doyle from office if it had the power to do so.
http://www.scjc.state.ny.us/Determinations/D/doyle.htm 2-28-07
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© 2007 North
Country Gazette
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