Kuehnel v. State Commission on Judicial Conduct

CourtNew York Court of Appeals
Writing for the CourtPER CURIAM; COOKE
Citation403 N.E.2d 167,426 N.Y.S.2d 461,49 N.Y.2d 465
Decision Date18 March 1980
Parties, 403 N.E.2d 167 In the Matter of Norman E. KUEHNEL, a Justice of the Village Court of Blasdell and Town Court of Hamburg, Petitioner, v. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

Page 461

426 N.Y.S.2d 461
49 N.Y.2d 465, 403 N.E.2d 167
In the Matter of Norman E. KUEHNEL, a Justice of the Village
Court of Blasdell and Town Court of Hamburg, Petitioner,
v.
STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.
Court of Appeals of New York.
March 18, 1980.

Page 462

William J. Cunningham, Jr., Buffalo, for petitioner.

Raymond S. Hack, Gerald Stern, New York City, and Seth Halpern, for respondent.

OPINION OF THE COURT

PER CURIAM.

Petitioner, a Justice of both the Village Court of Blasdell and the Town Court of Hamburg, brings this proceeding to review a determination of the State Commission on Judicial Conduct ordering his removal from office. The issues raised embrace not only the propriety of the commission's determination that petitioner be removed, but also the correctness of its findings of fact and conclusions of law (N.Y.Const., art. VI, § 22, subds. a, d; Judiciary Law, § 44, subd. 9; Matter of Spector v. State Comm. on Judicial Conduct, 47 N.Y.2d 462, 465-466, 418 N.Y.S.2d 565, 566, 392 N.E.2d 552, 553). Upon our review of the record, we accept the determination of the commission.

In November, 1978 petitioner was served with a formal written complaint containing a single charge of misconduct. At a hearing before a Referee, this factual picture was established.

As petitioner was leaving a tavern on the evening of May 5, 1978, he detained four youths whom he suspected of breaking glass in an adjacent parking lot. When the questioning did not proceed to his satisfaction, petitioner ordered the juveniles into a nearby grocery store for the purpose of calling the police. As he ushered the youths into the store, petitioner struck one of them, age 13, in the back of the head causing the latter to fall forward with such force that his head struck a bulletin board or doorframe. Although petitioner denied the blow, the credible evidence indicates otherwise.

Summoned to the grocery by petitioner, a police officer escorted the youths to the village police station. Prior to transporting them, the patrolman searched the parking lot but could find no evidence of broken glass. Nor was any glass discovered by an employee of the store who had examined the lot previously.

At the station house, petitioner's conduct was even less restrained. Upon entering the station, petitioner proceeded to upbraid the youths in a most injudicious manner. His language was vulgar and derogatory, his manner taunting and hostile. He uttered particularly demeaning comments...

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24 practice notes
  • In Re Lowery, No. 71
    • United States
    • Supreme Court of Texas
    • 13 de fevereiro de 1998
    ...inconsistent with proper judicial demeanor, whether on or off the bench, subjects the judiciary as a whole to disrespect. In re Kuehnel, 49 N.Y.2d 465, 469, 403 N.E.2d 167, 168, 426 N.Y.S.2d 461, 463 (1980). Thus, even off the bench, a judge remains cloaked figuratively with the "black robe......
  • Kneifl, In re, No. JQ83-001
    • United States
    • Supreme Court of Nebraska
    • 1 de junho de 1984
    ...friends in high places to achieve the ends he sought, and attempted to interfere with the work of other agencies. In Matter of Kuehnel, 49 N.Y.2d 465, 403 N.E.2d 167, 426 N.Y.S.2d 461 (1980), a previously censured judge, upon leaving a tavern, detained and questioned four youths whom he sus......
  • O'Connor v. N.Y.S. Comm'n On Judicial Conduct (In re O'Connor), No. 99
    • United States
    • New York Court of Appeals
    • 16 de outubro de 2018
    ...of office is inconsistent with the fair and proper administration of justice" (Matter of Kuehnel v. State Commn. on Jud. Conduct, 49 N.Y.2d 465, 470, 426 N.Y.S.2d 461, 403 N.E.2d 167 [1980] ). Notably, the misconduct underlying this proceeding began within one year of the prior censure. Whi......
  • Miss. Comm'n on Judicial Performance v. Weisenberger, NO. 2015-JP-00246-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 13 de outubro de 2016
    ...striking two of them, using vulgar and derogatory language, and uttering racial epithets. Kuehnel v. State Comm'n on Judicial Conduct , 49 N.Y.2d 465, 426 N.Y.S.2d 461, 403 N.E.2d 167, 167–68 (Miss. 1980). And in another New York case, a town court justice was removed from office after conf......
  • Request a trial to view additional results
24 cases
  • In Re Lowery, No. 71
    • United States
    • Supreme Court of Texas
    • 13 de fevereiro de 1998
    ...inconsistent with proper judicial demeanor, whether on or off the bench, subjects the judiciary as a whole to disrespect. In re Kuehnel, 49 N.Y.2d 465, 469, 403 N.E.2d 167, 168, 426 N.Y.S.2d 461, 463 (1980). Thus, even off the bench, a judge remains cloaked figuratively with the "black robe......
  • Kneifl, In re, No. JQ83-001
    • United States
    • Supreme Court of Nebraska
    • 1 de junho de 1984
    ...friends in high places to achieve the ends he sought, and attempted to interfere with the work of other agencies. In Matter of Kuehnel, 49 N.Y.2d 465, 403 N.E.2d 167, 426 N.Y.S.2d 461 (1980), a previously censured judge, upon leaving a tavern, detained and questioned four youths whom he sus......
  • O'Connor v. N.Y.S. Comm'n On Judicial Conduct (In re O'Connor), No. 99
    • United States
    • New York Court of Appeals
    • 16 de outubro de 2018
    ...of office is inconsistent with the fair and proper administration of justice" (Matter of Kuehnel v. State Commn. on Jud. Conduct, 49 N.Y.2d 465, 470, 426 N.Y.S.2d 461, 403 N.E.2d 167 [1980] ). Notably, the misconduct underlying this proceeding began within one year of the prior censure. Whi......
  • Miss. Comm'n on Judicial Performance v. Weisenberger, NO. 2015-JP-00246-SCT
    • United States
    • United States State Supreme Court of Mississippi
    • 13 de outubro de 2016
    ...striking two of them, using vulgar and derogatory language, and uttering racial epithets. Kuehnel v. State Comm'n on Judicial Conduct , 49 N.Y.2d 465, 426 N.Y.S.2d 461, 403 N.E.2d 167, 167–68 (Miss. 1980). And in another New York case, a town court justice was removed from office after conf......
  • Request a trial to view additional results

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