In the Matter of Honorable
Kenneth W. Gibbons, Justice of
the Glenville Town Court,
Schenectady County.
Petitioner,
For Review of a Determination of
State Commission on Judicial
Conduct,
Respondent.
2002 NY Int. 110
Petitioner, a Justice of the Glenville Town Court,
Schenectady County, seeks review of a determination of the State
Commission on Judicial Conduct sustaining one charge of
misconduct and imposing the sanction of removal from office (see
NY Const, art VI, § 22; Judiciary Law § 44). The charge alleges
that after petitioner signed a search warrant authorizing
investigators to search the premises of Capitaland Motors for
At an evidentiary hearing before a Referee, petitioner admitted that he told the attorney about the search warrant, but claimed that he did so because he was irritated by Capitaland's behavior. Petitioner testified that he had recently helped Capitaland get a building permit and felt betrayed when he learned of Capitaland's alleged violations. He stated that he called Capitaland's attorney to express outrage at Capitaland's behavior regarding the environmental laws, and not to compromise the investigation or tip off the attorney about the search.
The Referee concluded that petitioner revealed to Capitaland's attorney that he signed a search warrant and suggested that the attorney speak to his client right away. The Referee found that petitioner's purpose in making the call was neither to foil the investigation nor out of his concern over any environmental law violations, but that petitioner phoned the attorney out of frustration at the behavior of a company he had helped. The Referee found petitioner guilty of violating several Rules Governing Judicial Conduct, notably 22 NYCRR 100.1 (high standard of conduct), 100.2(A) (impropriety, appearance of impropriety, promoting confidence in integrity of judiciary), 100.3(B)(6) (ex parte communication) and 100.3(B)(10) (disclosing non-public information).
The Commission agreed with the findings of guilt,
Effective law enforcement and the fair administration of justice command that judges maintain strict confidentiality in connection with the issuance and execution of search warrants. Investigators and the public must have full confidence that judges will maintain secrecy in connection with those and other proceedings requiring confidentiality. By telling the target's attorney of the impending search, petitioner committed a serious breach of trust. Judges are not free to violate that trust, whether motivated by sinister design or by anger.
By informing the attorney of the search warrant, petitioner jeopardized the very legal system he was duty-bound to protect and administer. His conduct therefore goes beyond "simple careless inattention to the applicable ethical standards" and instead manifests an "utter disregard for the Canons of Judicial Ethics," which warrants his removal (Matter of Steinberg v State Commission on Judicial Conduct, , 51 NY2d 74, 81, 82 [1980]).
Accordingly, the determined sanction of removal should be accepted, without costs.