William E. Montgomery, a justice of the Colden Town Court in Erie County, has resigned from office after being served with formal disciplinary charges.
Pursuant to a stipulation, Justice Montgomery agreed not to seek or accept judicial office in the future, the Commission on Judicial conduct announced last week. On that basis, the commission proceeding against him was closed Sept. 18.
Justice Montgomery was served with a formal written complaint, dated March 4, which alleged he 1) facilitated the filing of a falsely notarized designating petition for his candidacy for judicial office and then neither refused the nomination nor withdrew his candidacy and 2) drove a defendant home following her arraignment on alcohol related and other vehicle and traffic charges, and then presided over the case.
The commission has accepted 50 such stipulations since the procedure was instituted in 2003. Documents related to the matter may be found on its website at www.cjc.ny.gov.