Feinberg, Matter of

CourtNew York Court on the Judiciary
Writing for the CourtPER CURIAM
Citation409 N.Y.S.2d 1007
PartiesIn the Matter of the Proceedings Pursuant to Section 22 of Article VI of the Constitution of the State of New York in Relation to Robert J. FEINBERG, County Court and Family Court Judge of Clinton County, New York.
Decision Date20 August 1976

Page 1007

409 N.Y.S.2d 1007
In the Matter of the Proceedings Pursuant to Section 22 of
Article VI of the Constitution of the State of New York in
Relation to Robert J. FEINBERG, County Court and Family
Court Judge of Clinton County, New York.
Court on the Judiciary.
Aug. 20, 1976.

Page 1008

Gerald Stern, New York City, counsel to the court.

Amdursky & Hurlbutt, Oswego, for respondent.

Before JASEN, P. J., and GABRIELLI, KUPFERMAN, HAWKINS, GREENBLOTT and SIMONS, JJ.

PER CURIAM.

This judicial removal proceeding presents the issue as to what is the appropriate sanction to be imposed by this Court on the Judiciary for the admitted violation of former section 20.8 of the Rules of the Administrative Board of the Judicial Conference and present section 33.5(c)(1), (2) of that board's rules (22 NYCRR 33.5(c)(1), (2)).

Essentially, the violation here involves respondent County Judge Feinberg's continuation, after election to the Bench, as president, director and sole stockholder of Clinton Press, Inc., a business entity organized for profit; his sufferance of that corporation doing business with courts and other public and municipal entities in Clinton County.

On July 8, 1976 Judge Feinberg resigned as president and director of the corporation which was and is a family business organized by respondent's father many years ago. He has also arranged to dispose of his interest in the business prior to December 15, 1976.

Violations of judicial conduct rules cannot be condoned and constitute very serious misconduct because, apart from the substantive violation, the appearance of impropriety and the perception by the public of special privilege and advantage must be avoided.

The mitigating circumstances present in this case include the history of this family business, the efforts and agreement of the respondent to disassociate himself from it and finally his resignation, as president and director, albeit precipitated only by the convening of this Court on the Judiciary and the preferment of this charge. Because of these circumstances, removal from office is not called for but a reprimand and public censure is warranted.

The court has also taken note of other complaints lodged against Judge FEINBERG, concerning alleged injudicious or intemperate media and public statements. These do not in themselves constitute grounds for removal or further disciplinary sanction but the respective counsel have proffered the matter to this court for our...

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1 practice notes
  • Fuchsberg, Matter of
    • United States
    • New York Court on the Judiciary
    • March 16, 1978
    ...and the perception by the public of special privilege and advantage must be avoided." (Matter of Feinberg, 39 N.Y.2d (a), (v), 409 N.Y.S.2d 1007.) We thus conclude that respondent's purchases Page 645 of New York City notes while the remittitur was still pending before the court on whi......
1 cases
  • Fuchsberg, Matter of
    • United States
    • New York Court on the Judiciary
    • March 16, 1978
    ...and the perception by the public of special privilege and advantage must be avoided." (Matter of Feinberg, 39 N.Y.2d (a), (v), 409 N.Y.S.2d 1007.) We thus conclude that respondent's purchases Page 645 of New York City notes while the remittitur was still pending before the court on which he......

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