state of new york commission on judicial conduct in … · 2020-05-14 · state of new york...

STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law in Relation to

SCOTT STONE,

a Justice of the Butler Town Court, Wayne County, and an Associate Justice of the Wolcott Village Court, Wayne County.

STIPULATION

IT IS HEREBY STIPULATED AND AGREED by and between Robert H.

Tembeckjian, Administrator and Counsel to the Commission on Judicial Conduct, and

the Honorable Scott Stone ("Respondent"), who is represented in these proceedings by

Douglas Michael Jablonski, Esq., as follows:

1. Respondent has been a Justice of the Butler Town Court, Wayne County,

since 2006. He has been a Justice of the Wolcott Village Court, Wayne County, since

2019; prior to that he was an Associate Justice of the Wolcott Village Court since 2015.

His current terms expire, respectively, on December 31, 2021, and March 31 , 2023.

Respondent is not an attorney.

2. Respondent was served with a Formal Written Complaint dated December 7,

2017, containing one charge, alleging that on October 13, 2015, at a public meeting of the

Wolcott Village Board at which public concerns about recent criminal activity in the

village were addressed, Respondent made statements that undermined public confidence

in the fair and impartial administration of justice and the integrity of the judicial process,

in that his statements conveyed disdain for certain laws and aspects of legal process, a

predisposition to presume defendants guilty, and personal annoyance with lawyers who

represent criminal defendants.

3. Respondent's statements at the village board meeting are recited in the

Formal Written Complaint, which is appended as Exhibit A.

4. Respondent filed an Answer dated January 3, 2018, which is appended as

Exhibit B.

5. Respondent tendered his resignation from the Butler Town Court by letter

dated May 9, 2019, effective May 30, 2019. Respondent also tendered his resignation

from the Wolcott Village Court by letter dated May 9, 2019, effective May 30, 2019.

Copies of the resignation letters are appended as Exhibit C and Exhibit D, respectively.

6. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days

from a judge's resignation to complete proceedings and, if it so determines, render and

file a determination that the judge should be removed from office.

7. Respondent affirms that, having vacated his judicial office, he will neither

seek nor accept judicial office at any time in the future.

8. Respondent understands that, should he abrogate the terms of this Stipulation

and hold any judicial position at any time, the present proceedings before the

Commission will be revived and the matter will proceed to a hearing before a referee.

9. Upon execution of this Stipulation by the signatories below, this Stipulation

will be presented to the Commission with the joint recommendation that the matter be

concluded, by the terms of this Stipulation, without further proceedings.

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10. Respondent waives confidentiality as provided by Section 45 of the

Judiciary Law, to the extent that (1) this Stipulation will become public upon being

signed by the signatories below, and (2) the Commission's Decision and Order regarding

this Stipulation will become public.

Dated: 5/;3 h?

Dated: ·JftJ/'?

Respondent

Robert H. Tembeckjian Administrator and Counsel to the Commission (John J. Postel and M. Kathleen Martin, Of Counsel)

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SCOTT STONE,


NOTICE OF FORMAL WRITTEN COMPLAINT

NOTICE is hereby given to Respondent, Scott Stone, a Justice of the Butler Town

Court, Wayne County, and an Associate Justice of the Wolcott Village Court, Wayne

County, pursuant to Section 44, subdivision 4, of the Judiciary Law, that the State

Commission on Judicial Conduct has determined that cause exists to serve upon

Respondent the annexed Formal Written Complaint; and that, in accordance with said

statute, Respondent is requested within twenty (20) days of the service of the annexed

Formal Written Complaint upon him to serve the Commission at its Rochester office, 400

Andrews Street, Suite 700, Rochester, New York 14604, with his verified Answer to the

specific paragraphs of the Complaint.

Dated: December 7, 2017 New York, New York

To: Douglas Michael Jablonski , Esq. Attorney for Respondent 12061 East Main Street Wolcott, New York 14590

ROBERT H. TEMBECKJIAN Administrator and Counsel State Commission on Judicial Conduct 61 Broadway, Suite 1200 New York, New York 10006 (646) 386-4800

EXHIBIT A



SCOTT STONE,


FORMAL WRITTEN COMPLAINT

1. Article 6, Section 22, of the Constitution of the State of New York establishes

a Commission on Judicial Conduct ("Commission"), and Section 44, subdivision 4, of the

Judiciary Law empowers the Commission to direct that a Formal Written Complaint be

drawn and served upon a judge.

2. The Commission has directed that a Formal Written Complaint be drawn and

served upon Scott Stone ("Respondent"), a Justice of the Butler Town Court, Wayne

County, and an Associate Justice of the Wolcott Village Court, Wayne County.

3. The factual allegations set forth in Charge I state acts of judicial misconduct

by Respondent in violation of the Rules of the Chief Administrator of the Courts

Governing Judicial Conduct ("Rules").

4. Respondent has been a Justice of the Butler Town Court, Wayne County,

since 2006, and an Associate Justice of the Wolcott Village Court, Wayne County, since

2015. His current terms expire, respectively, on December 31 , 2017, and March 31 ,

2018. Respondent is not an attorney.

CHARGE!

5. On or about October 13 , 2015, at a public meeting of the Wolcott Village

Board during which public concerns about recent criminal activity in the village were

addressed, Respondent made statements that undermined public confidence in the fair

and impartial administration of justice and the integrity of the judicial process, in that his

statements conveyed disdain for certain laws and aspects of legal process, a

predisposition to presume defendants guilty, and personal annoyance with lawyers who

represent criminal defendants.

Specifications to Charge I

6. On or about October 13 , 2015, Respondent attended a Wolcott Village Board

meeting at which public concerns regarding crime in the village were discussed. Village

Mayor Christopher J. Henner, Village Police Officer-in-Charge Tom Ryan, two village

trustees and several village residents were present during the meeting.

7. Respondent, who was introduced at the meeting as "Judge Stone," made the

following public statements about the judicial system:

A. "To start with, the whole system, quite frankly , sucks."

B. "If they are a minor, I'm never going to see them because they are going to family court. "

C. "After five days, if the county decides not to do [a] preliminary hearing, I have to release them. It doesn ' t matter, it's not my choice. It's a lawyers ' world."

D. "Most of these individuals, ifl had my way, you ' d see them probably swinging outside the door, okay? That's the way I was brought up."

E. "But thanks to lawyers, everybody has rights."

2

8. On or about October 21 , 2015, a local newspaper, The Lakeshore News,

quoted Respondent ' s public statements at the Wolcott Village Board meeting.

9. By reason of the foregoing, Respondent should be disciplined for cause,

pursuant to Article 6, Section 22, subdivision (a), of the Constitution and Section 44,

subdivision 1, of the Judiciary Law, in that Respondent failed to uphold the integrity and

independence of the judiciary by failing to maintain high standards of conduct so that the

integrity and independence of the judiciary would be preserved, in violation of Section

100.1 of the Rules; failed to avoid impropriety and the appearance of impropriety, in that

he failed to respect and comply with the law and failed to act in a manner that promotes

public confidence in the integri ty and impartiality of the judiciary, in violation of Section

100.2(A) of the Rules; and failed to conduct his extra-judicial activities so as to minimize

the risk of conflict with judicial obligations in that he cast reasonable doubt on his

capacity to act impartially as a judge, in violation of Section 100.4(A)(l) of the Rules,

and made statements that detract from the dignity of judicial office, in violation of

Section 100.4(A)(2) of the Rules.

WHEREFORE, by reason of the foregoing, the Commission should take

whatever further action it deems appropriate in accordance with its powers under the

Constitution and the Judiciary Law of the State of New York.

Dated: December 7, 2017 New York, New York

ROBERT H. TEMBEC Administrator and Counsel State Commission on Judicial Conduct 61 Broadway, Suite 1200 New York, New York 10006 (646) 386-4800

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SCOTT STONE,


STATE OF NEW YORK ) : ss.:

COUNTY OF NEW YORK )

VERIFICATION

ROBERT H. TEMBECKJIAN, being duly sworn, deposes and says:

I. I am the Administrator of the State Commission on Judicial Conduct.

2. I have read the foregoing Formal Written Complaint and, upon information

and belief, all matters stated therein are true.

3. The basis for said information and belief is the files and records of the State

Commission on Judicial Conduct.

Sworn to before me this 7th day of December 201 7

Notary Public

LATASHAY. JOHNSON Notary Public, State of New York

No. 01J06235579 Qualified in New York County

Commission Expires f cb . 151 a o ,c,


In the Matter of the Proceeding IN RE

SCOTT STONE

VERIFIED ANSWER

SCOTT STONE, Respondent, by his attorney Douglas M. Jablonski, Esq., and on his behalf,

hereby Answers the FORMAL WRITTEN COMPLAINT of the State Commission on

Judicial Conduct dated December 7th, 2017, as follows:

1. Denies having knowledge or information sufficient to form a belief as to each and

every allegation contained in paragraphs designated "1," "2," "3," "5" and "9" and refers all

questions of law to this honorable forum for determination.

WHEREFORE, your Respondent respectfully requests that the FORMAL WRITTEN

COMPLAINT be heard and that the Commission shall take such other and further action as

to this honorable forum seems just and proper under the cir

Dated: January 3, 2018 Wolcott, NY

Douglas M. Jablonski, Esq. Attorney for Hon. Scott Stone, Respondent 12061 Main Street Wolcott, NY 14590 (315)- 594-1066 (315)- 594-1969 FAX

EXHIBIT B

State of New York County of Wayne ss

Scott Stone, being duly sworn, deposes and says that deponent is the Respondent in the within action; that deponent has read the foregoing Verified Answer and knows the contents thereof; that the same is true to deponent's own knowledge, except as to the matters therein stated to be alleged on information and belief, an at as t those matters deponent believes it to be true.

Sworn to Before me this 3rd 7$018 Signature:

DOUGLAS M .. JABLONSKI Notary Public, State of New York

No. 5C09449 q Qualified in Wayne County /'/,,ol I

Commission Expires March 15, .~

Butler Town Supervisor Office 4576 Butler Center Road Wolcott, New York 14590 ATTN: Hon. David Spickerman, Sr.

Re: Butler Town Justice

Dear David:

May 9, 2019

Please know that effective May 30, 2019, I am resigning my position as Town of Butler Justice.

. ,v1ti~ !fell: S~ tt Stone

EXHIBIT C

Wolcott Village Mayor Office 6015 New Hartford Street P.O. Box 85 Wolcott, New York 14590 ATTN: Hon. Christopher J. Benner

Re: Wolcott Village Justice

Dear Christopher:

May 9, 2019

Please know that effective May 30, 2019, I am resigning my position as Village of Wolcott Justice.

v~;;r/;;-ffe, id Scott Stone

EXHIBIT D

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