In re Conti
In re Conti
Opinion of the Court
OPINION OF THE COURT
Petitioner was charged with misconduct in connection with the disposition of two speeding tickets. Additionally, he was charged with having improperly dismissed, or adjourned in contemplation of dismissal, some 31 cases without having given notice to the prosecutor as required by CPL 170.45, 170.55 and 210.45. Following a hearing in which petitioner and a number of other witnesses gave testimony, the Judicial Conduct Commission sustained the charges and found that the proven acts of misconduct had been exacerbated by petitioner’s patently false explanations for his actions. Noting that
Initially, we reject petitioner’s contention that the ticket-fixing charges were not convincingly established by the hearing evidence. With regard to the speeding ticket issued to John Reedy, the son of a former Town Justice with whom petitioner was acquainted, the testimony of petitioner’s co-Justice, as well as that of the issuing officer and the court clerk, lead inexorably to the inference that petitioner, or someone acting at his direction, had altered the simplified traffic information by crossing out the speeding charge and substituting an "unsafe tire” charge. Petitioner then dismissed the ticket himself, without notice to the prosecution, even though the case was not properly before him because the ticket was not returnable on a day when petitioner was presiding. In view of the impressive evidence against him, we find incredible petitioner’s claims that the ticket had been delivered to his house by the issuing officer after the cross-outs and alterations had already been made and that he had innocently dismissed the "unsafe tire” charge — the only count in the accusatory instrument — after being assured by the defendant Reedy that the condition had been repaired.
Similarly lacking in candor is petitioner’s explanation of his dismissal, again without notice to the prosecution, of a speeding ticket issued to a local attorney, who was petitioner’s friend and was then representing petitioner on two personal matters. Petitioner testified that he perceived no impropriety in his handling the matter despite his relationship with the attorney, because the officer who issued the ticket had told him that the ticket would have to be dismissed as a result of a radar failure. However, the officer testified, quite credibly, that there was no radar failure on the day the attorney’s ticket was issued and that he had not contacted petitioner at any time to suggest dismissal of the ticket.
We have previously held that ticket-fixing is such a serious impropriety that even a single isolated incident can serve as a basis for removal (Matter of Reedy, 64 NY2d 299), although there is no per se rule requiring removal in every case (see,
Accordingly, the determined sanction of removal is accepted, without costs.
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur in Per Curiam opinion.
Determined sanction accepted, without costs, and Ernest J. Conti is removed from his office of Justice of the Amsterdam Town Court, effective immediately.
Reference
- Full Case Name
- In the Matter of Ernest J. Conti, a Justice of the Amsterdam Town Court, State Commission on Judicial Conduct
- Cited By
- 3 cases
- Status
- Published