Judicial watchdog agency recommends removing judge

The New York State Commission on Judicial Conduct has determined that Jordon R. Lilley, a town justice in Smithville, Chenango County, should be removed from office.

The commission found that Lilley should be removed for obstructing the commission’s investigation of a complaint against him, and other serious misconduct.

Lilley, who retired from judicial office on Nov. 1, and who is not an attorney, served as a justice in Smithville since 2013. His term would have expired on Dec. 31, 2028.

Judiciary Law allows the commission to seek removal within 120 days of a judge’s resignation. A judge who is removed from office by the Court of Appeals becomes permanently ineligible to hold any judicial office in New York state.

“Regardless of the nature and severity of the underlying offense, obstructing a Commission investigation will result in a judge’s removal from office,” Commission Administrator Robert H. Tembeckjian stated in a news release.

“The public can have no confidence in a jurist who lies under oath, refuses to return for additional testimony when duly summoned, or who deletes hundreds of pertinent emails after being told and committing to preserve them,” Tembeckjian wrote.

The commission found that Lilley:

• Gave ex parte legal advice to landlords about evicting tenants without any court proceedings
• Illegally issued an ex parte order of protection on behalf of an alleged victim even though the case was no longer pending in his court.
• Provided false testimony under oath during an interview with the commission, denying emails and conversations with the alleged victim despite evidence of numerous contacts, misrepresenting his relationship with the alleged victim, and falsely claiming that the District Attorney’s Office had requested the order of protection.
• Deleted more than 500 emails after being instructed, and agreeing, to preserve them, and refused to appear for additional testimony before the commission.

The commission sent the determination to the New York State Court of Appeals. A judge may either accept the determination or, within 30 days, make a written request to the chief judge for a review by the Court of Appeals.

If Lilley does not request a review by the Court of Appeals, the Court of Appeals will remove him.

If a commission determination is reviewed by the Court of Appeals, the court may accept the determined sanction, impose a different sanction including admonition, censure or removal, or impose no sanction.