{"id":4261,"date":"2005-12-08T10:56:40","date_gmt":"2005-12-08T14:56:40","guid":{"rendered":"http:\/\/blogs.law.harvard.edu\/formerlyknownas\/2005\/12\/08\/acerbic-family-court-judge-ce"},"modified":"2011-08-05T14:54:20","modified_gmt":"2011-08-05T18:54:20","slug":"acerbic-family-court-judge-censured","status":"publish","type":"post","link":"https:\/\/archive.blogs.harvard.edu\/ethicalesq\/2005\/12\/08\/acerbic-family-court-judge-censured\/","title":{"rendered":"acerbic family court judge censured"},"content":{"rendered":"

<\/a><\/p>\n

Jo Anne Assini has been a Family Court judge for Schenectady County, NY, <\/font>
\nwhere I reside, since January 2001. In those five years, I have not heard even<\/font>
\none positive thing about her work as a judge from lawyers or court personnel. <\/font>
\nInstead, her foul mood and temper have been a source of regret for those who <\/font>
\nmake a living and\/or seek justice, fairness, and solutions from that court. [Assini<\/font>
\nwas an Assistant District Attorney prosecuting sex crimes when I last <\/font>
\npracticed at Family Court, and I have no memory of interactions with her.] <\/font><\/p><\/blockquote>\n

\"witch It was not at all surprising to learn, last week, that the NYS Commission <\/font>on <\/font>Judicial Conduct had filed formal charges against Judge Assini earlier this <\/font>year, after receiving five formal complaints from litigants, and had concluded — <\/font>based on stipulated facts and outcome — that she deserved censure for her <\/font>conduct on the bench. <\/font>In re Jo Anne Assini<\/font><\/a> (NYSCJC, Nov. 18, 2005) (See <\/font>
\nNorth Country Gazette<\/em>, “Judge Assini Censured<\/font><\/a> for Intemperate Behavior, <\/font>Rights Violations,” Dec. 2,2005)<\/font><\/p>\n

In addition to the frequent failure to apprise parties of their right to counsel, <\/font>Judge Assini was very often rude and disrespectful to those who appeared <\/font>before her. Like a bully, she was especially likely to show her foul mood <\/font>to parties appearing without counsel. The SCJC opinion notes:<\/font><\/p>\n

“Every judge has an obligation to respect and comply with the <\/font><\/span>
\nlaw and to act in a manner that inspires public confidence in the <\/font><\/span>
\nfair-mindedness and impartiality of the judiciary. . . In Family Court, <\/font><\/span>
\n\u201cwhere matters of the utmost sensitivity are often litigated by those <\/font><\/span>
\nwho are unrepresented and unaware of their rights\u201d . . . such a duty <\/font><\/span>
\nis self-evident and compelling. In several cases respondent violated <\/font><\/span>
\nthese ethical standards by neglecting to inform litigants of their statutory <\/font><\/span>
\nrights and by addressing them in an intemperate, demeaning manner.” <\/font><\/span>
\n<\/span><\/font>
\n<\/font><\/span> ” . . As the Commission and the Court of Appeals have repeatedly held, <\/font><\/span>a pattern of failing to advise litigants of the right to counsel and assigned <\/font><\/span>counsel is serious misconduct.<\/font><\/span>
\n<\/span><\/font>
\n<\/span>“The record also establishes that respondent violated her duty to be <\/font><\/span>
\n\u201cpatient, dignified and courteous\u201d to litigants in her court (Rules, \ufffd100.3<\/font><\/span>
\n[B][3]). The transcripts depict a series of rude, demeaning remarks by <\/font><\/span>
\nrespondent to litigants in custody and visitation proceedings who came <\/font><\/span>
\nto Family Court seeking a fair hearing before an impartial jurist. In one <\/font><\/span>
\ncase respondent told the litigants that she was \u201cso bored\u201d and \u201cso sick\u201d <\/font><\/span>
\nof the case and spoke to the litigants angrily and impatiently when they <\/font><\/span>
\ncould not agree on a visitation schedule. In another case she criticized a <\/font><\/span><\/p><\/blockquote>\n

litigant who was wearing his college security [guard] shirt, telling him that<\/font><\/span>he looked like a \u201cslob,\u201d that \u201cnormal people\u201d would have worn something <\/font><\/span>\u201cdecent\u201d and that he could buy a shirt or tie at the City Mission for fifty cents. <\/font><\/span><\/p>\n

<\/span>
\n“It appears that respondent was particularly harsh towards unrepresented<\/font><\/span>
\nlitigants, addressing them in an intimidating, sarcastic manner. Indeed, in two <\/font><\/span>cases (Charges I and IV) the parties actually discontinued their proceedings <\/font><\/span>because of respondent\u2019s impatience and discourtesy, apparently despairing <\/font><\/span>of receiving a fair and just hearing in respondent\u2019s court.”<\/font><\/span>
\n<\/span><\/font><\/p><\/blockquote>\n<\/blockquote>\n

The Commission pointed out that Judge Assini came on the 2-judge court <\/font>
\nat a time when it was temporarily short one judge and facing a large backlog. <\/font>
\nNonetheless, it pointed out:<\/font>:<\/font><\/span><\/font><\/p>\n

\n

“While court congestion and the stress of dealing with a large backlog<\/font><\/font><\/span> she inherited may have adversely affected respondent\u2019s judicial performance,<\/font><\/font><\/span> these factors do not excuse her demeaning comments to litigants and her<\/font><\/font><\/span> disregard of important statutory procedures.<\/font><\/font><\/span><\/p>\n

<\/font><\/span>“In mitigation, we note that respondent has expressed remorse for her actions and that she now appropriately advises all statutorily eligible litigants of the right to counsel and assigned counsel.<\/font><\/font><\/span><\/p>\n

<\/font><\/span>“By reason of the foregoing, the Commission determines that the appropriate disposition is censure.”<\/font><\/font><\/span>
\n<\/font><\/p><\/blockquote>\n<\/blockquote>\n

\"coyote <\/font><\/font>Some readers will say that Judge Assini is really not much different from other judges, but I disagree — at least if my own experience is a guide. Here in Schenectady County, there have been three other Family Court judges since I arrived in 1988, and I have often been quite impressed with their judicial temperament and patience, in the face of very trying situations. Litigants who are not successful will always gripe about this or that judge, and I believe lawyers and staffers are a better gauge of a judge’s propriety on the bench. The Family Court community’s universal disappointment over Judge Assini suggests that she was indeed an outlier. Whether censure — the second most serious form of discipline for judges — is sufficient, I will leave for others to decide.<\/font><\/font><\/p>\n

<\/font>Let me make a few quick points:<\/font>
\n<\/font><\/p>\n