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Judge in Herkimer County cited for misconduct

Daily Record Staff//September 3, 2024//

Judge in Herkimer County cited for misconduct

Daily Record Staff//September 3, 2024//

The has recommended that Thomas F. Rathbun Jr., a town justice in Salisbury, Herkimer County, should be removed from office for multiple acts of misconduct.

According to the Commission, Rathbun:

  • Failed to complete mandatory continuing judicial education credits in 2022, resulting in his cases being reassigned to another judge
  • Failed to file monthly reports with the state Comptroller, resulting in his salary being stopped
  • Failed to adjudicate an eviction proceeding for 11 months
  • Displayed a statue featuring a Confederate flag on his desk which was visible from the courtroom
  • Posted inappropriate political commentary on his public Facebook page, including several demeaning political memes, support of then-presidential candidate Mitt Romney, and apparent support for the Confederacy
  • And he failed to cooperate with the Commission’s investigation by not responding to its letters

Rathbun, who is not an attorney, has served as a justice in Salisbury since 2002.  His current term expires on Dec. 31, 2025.

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