Matter of Washington

CourtNew York Court of Appeals
Writing for the CourtPer Curiam.
Citation800 N.E.2d 348,100 N.Y.2d 873,768 N.Y.S.2d 175
Decision Date21 October 2003
PartiesIn the Matter of ROSEANNA H. WASHINGTON, Judge of the White Plains City Court, Westchester County, Petitioner. STATE COMMISSION ON JUDICIAL CONDUCT, Respondent.

100 N.Y.2d 873
800 N.E.2d 348
768 N.Y.S.2d 175

In the Matter of ROSEANNA H. WASHINGTON, Judge of the White Plains City Court, Westchester County, Petitioner.
STATE COMMISSION ON JUDICIAL CONDUCT, Respondent

Court of Appeals of the State of New York.

Argued September 9, 2003.

Decided October 21, 2003.


100 N.Y.2d 874
Deborah A. Scalise, Elmsford, and Julie Kattan for petitioner

Gerald Stern, New York City, Robert H. Tembeckjian and Alan W. Friedberg for respondent.

Chief Judge KAYE and Judges SMITH, CIPARICK, ROSENBLATT, GRAFFEO and READ concur in per curiam opinion.

OPINION OF THE COURT

Per Curiam.

The Commission on Judicial Conduct sustained two charges of misconduct and determined that petitioner, a part-time City Court Judge, should be removed from office (see NY Const, art VI, § 22; Judiciary Law § 44). Based upon our plenary review of the evidence, we sustain the findings of misconduct and accept the determined sanction of removal.1

Petitioner was appointed a part-time Judge of the White Plains City Court in January 1997. Her duties included presiding over small claims cases on alternate Wednesdays and substituting for the full-time judge when necessary. Petitioner's caseload was approximately 75 to 80 small claims cases per year. The Commission's complaint alleged two charges of

100 N.Y.2d 875
misconduct based on petitioner's failure to render timely decisions despite repeated direction to do so by the Ninth Judicial District Administrative Judge; her submission of inaccurate and incomplete quarterly reports of undecided cases; and her failure to provide prompt responses to several Commission inquiries (see 22 NYCRR 100.1, 100.2 [A]; 100.3 [B] [7]; [C] [1])

Soon after assuming her judicial duties—and despite a small caseload typically requiring only brief written decisions— petitioner began to accumulate a backlog of undecided cases. Sixty-seven of petitioner's cases were not decided in a timely manner. When the cases were eventually decided, many had been pending for extended periods of time, including 33 pending between one and two years and seven pending for over two years. An additional seven cases—commenced between 7 and 18 months prior to petitioner's hearing before the Commission—were still pending as of the date of that hearing.

In the face of these delays, petitioner failed to report several of the undecided cases as pending for longer than 60 days on her quarterly reports for 1998, 1999 and 2000 (see 22 NYCRR 4.1). Petitioner's reports for the first three quarters of 1998 falsely stated that none of her cases remained undecided for 60 days or longer, when in truth there were several such cases in each quarter. Her first quarterly report for 1999 also listed as pending only a portion of the cases that were actually undecided for at least 60 days, and indicated that nine of the cases would be decided by July 21, 1999, but none were. The remaining three quarterly reports for 1999 were each filed...

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9 practice notes
  • In re Rose, No. 87.
    • United States
    • Supreme Court of Texas
    • June 10, 2004
    ...the system by, for instance, falsifying, concealing or persistently refusing to file records indicating delays." In re Washington, 100 N.Y.2d 873, 768 N.Y.S.2d 175, 800 N.E.2d 348, 350 (2003). Here, too, Judge Rose's misconduct is very serious. The Commission concluded that Judge Rose willf......
  • 904 Tower Apartment LLC v. Cuomo, Index No. 105022/2010
    • United States
    • United States State Supreme Court (New York)
    • May 23, 2014
    ...of Educ., 61 A.D.3d at 408; Slesinger v. Department of Hous. Preserv. & Dev. of City of N.Y., 39 A.D.3d 246. See Matter of Washington, 100 N.Y.2d 873, 876-77 (2003); Luisi v. Safir, 262 A.D.2d 47, 49-50 (1st Dep't 1999). Petitioners do not claim that this evidence was before respondent, but......
  • N.Y. State Comm'n On Judicial Conduct v. Rubenstein
    • United States
    • United States Court of Appeals (New York)
    • June 10, 2014
    ...Matter of Gilpatric [State Commn. on Jud. Conduct ], 13 N.Y.3d 586, 589, 896 N.Y.S.2d 280, 923 N.E.2d 563 [2009]; Matter of Washington, 100 N.Y.2d 873, 876 n. 2, 768 N.Y.S.2d 175, 800 N.E.2d 348 [2003] ). We have recognized that the Commission “must be free to conduct ... investigation[s]” ......
  • N.Y. State Comm'n On Judicial Conduct v. Rubenstein, No. 99
    • United States
    • United States Court of Appeals (New York)
    • June 10, 2014
    ...Matter of Gilpatric [State Commn. on Jud. Conduct ], 13 N.Y.3d 586, 589, 896 N.Y.S.2d 280, 923 N.E.2d 563 [2009] ; Matter of Washington, 100 N.Y.2d 873, 876 n. 2, 768 N.Y.S.2d 175, 800 N.E.2d 348 [2003] ). We have recognized that the Commission “must be free to conduct ... investigation[s]”......
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9 cases
  • In re Rose, No. 87.
    • United States
    • Supreme Court of Texas
    • June 10, 2004
    ...the system by, for instance, falsifying, concealing or persistently refusing to file records indicating delays." In re Washington, 100 N.Y.2d 873, 768 N.Y.S.2d 175, 800 N.E.2d 348, 350 (2003). Here, too, Judge Rose's misconduct is very serious. The Commission concluded that Judge Rose willf......
  • 904 Tower Apartment LLC v. Cuomo, Index No. 105022/2010
    • United States
    • United States State Supreme Court (New York)
    • May 23, 2014
    ...of Educ., 61 A.D.3d at 408; Slesinger v. Department of Hous. Preserv. & Dev. of City of N.Y., 39 A.D.3d 246. See Matter of Washington, 100 N.Y.2d 873, 876-77 (2003); Luisi v. Safir, 262 A.D.2d 47, 49-50 (1st Dep't 1999). Petitioners do not claim that this evidence was before respondent, but......
  • N.Y. State Comm'n On Judicial Conduct v. Rubenstein
    • United States
    • United States Court of Appeals (New York)
    • June 10, 2014
    ...Matter of Gilpatric [State Commn. on Jud. Conduct ], 13 N.Y.3d 586, 589, 896 N.Y.S.2d 280, 923 N.E.2d 563 [2009]; Matter of Washington, 100 N.Y.2d 873, 876 n. 2, 768 N.Y.S.2d 175, 800 N.E.2d 348 [2003] ). We have recognized that the Commission “must be free to conduct ... investigation[s]” ......
  • N.Y. State Comm'n On Judicial Conduct v. Rubenstein, No. 99
    • United States
    • United States Court of Appeals (New York)
    • June 10, 2014
    ...Matter of Gilpatric [State Commn. on Jud. Conduct ], 13 N.Y.3d 586, 589, 896 N.Y.S.2d 280, 923 N.E.2d 563 [2009] ; Matter of Washington, 100 N.Y.2d 873, 876 n. 2, 768 N.Y.S.2d 175, 800 N.E.2d 348 [2003] ). We have recognized that the Commission “must be free to conduct ... investigation[s]”......
  • Request a trial to view additional results

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