An Albany city judge who descended from the bench, dropped his robes on the floor and seemingly challenged a defendant to a fist fight in court barely escaped removal in a divided opinion Monday by the Commission on Judicial Conduct.
In another incident, the judge suggested police officers "thump the shit out of" another allegedly disrespectful individual.
Majority and dissenting opinions make clear that Albany City Judge William A. Carter came within a thread of losing his job, and make equally clear that he will not get a second chance. Although the commission staff and two commissioners called for removal, the majority voted for censure, while describing Carter's conduct as "deplorable" and "utterly inexcusable."
But the commission's opinion, released Monday, also delves deeply into three broader issues with which the watchdog panel has recently struggled: whether it should require a full-blown hearing before removing a judge, or just rely on a stipulation of facts; when legal error constitutes misconduct; and whether the commission should have the power to suspend judges guilty of misconduct. The decision can be found at the commission's Web site, www.scjc.state.ny.us.