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MATTER OF ROBERTS
91 N.Y.2d 93 (1997)
689 N.E.2d 911
666 N.Y.S.2d 1017
In the Matter of Donald R. Roberts, a Justice of the Malone Village Court, Franklin County, Petitioner. State Commission on Judicial Conduct, Respondent.
Court of Appeals of the State of New York.
Argued November 20, 1997
Decided December 18, 1997.
Hinman, Straub, Pigors & Manning, P. C., Albany (Peter L. Rupert of counsel), for petitioner.
Gerald Stern, New York City, and Cathleen S. Cenci for respondent.
Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur in Per Curiam opinion.
The State Commission on Judicial Conduct determined that Donald R. Roberts should be removed as Justice of the Malone Village Court in Franklin County, an elected office he has held since 1993. The Justice seeks this Court's review of the Commission's determination of misconduct findings, with a removal sanction.
We are satisfied, upon our plenary review of the record and circumstances, that the charges stemming from various conduct in 1994 are sustained by the evidence. Moreover, they qualify in the aggregate to the level and quality of egregiousness that merit the ultimate discipline of removal, with its prescribed ban from holding future judicial office (NY Const, art VI, § 22 [d], [h]; Judiciary Law § 44).Five specifications of judicial misconduct were preferred by the Commission. Four charges were sustained by the Hearing Officer and the Commission. Notably, its vote was divided in a number of respects, and 3 of 11 members were not present and did not participate in the determination. Evidence in the record supports the findings on the four charges. The Justice's arguments concerning the quantum of proof, credibility, motivational and weight features affecting the testimony of various witnesses, including Judge Roberts, are unavailing. In addition, the gravity of the judicial misdeeds reflects a demonstrable lack of fitness for judicial office, measured under governing standards and prevailing precedents (see, Matter of Kiley, 74 N.Y.2d 364; Matter of Reeves, 63 N.Y.2d 105). We turn first to charge number four. The Justice is proved to have committed a most serious abuse of judicial authority, when considered within the wide range of potent powers of any judicial officer (see, Matter of Sardino v State Commn. on Judicial Conduct, 58 N.Y.2d 286, 291-292). He directed the arrest and summarily ordered an individual to 89 days in jail, without affording even the most minimal, ordinary and fundamental constitutional and procedural safeguards (see, e.g., CPL 170.10 [4] [a]). His egregious overreaction grew out of a minuscule matter. The underlying criminal charge to which the affected person had pleaded guilty before the Justice was a $1.50 cab fare — theft of services. The conditional discharge sentence he had imposed on her carried a restitution requirement that was satisfied — she paid the $1.50 to the cab company. The sentence also resulted in a statutorily mandated surcharge of $90. The defendant could not afford to pay the surcharge, so an arrangement was agreed upon for her to pay it over time starting with weekly $20 installments. It was to be paid out of her social services benefits. On the first due date, she came up with only $5 and paid that to the Court Clerk. When the Justice learned of this shortfall, he ordered her arrest. She came to court voluntarily,
upon being informed of this development. Without advising her of any rights, including counsel, the Justice harangued her and then sentenced her to 89 days in jail unless and until the surcharge balance of $85 was paid to "make an example" of her. She was jailed until eventually a friend came, paid the money and arranged for her release. The Justice, a retired State Trooper, treated this matter as though it were a personal affront to him and "his local system of justice," with flagrant disregard to the judicial function and neutral Magistrate responsibility.
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