NY judicial watchdog recommends removing judge

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The New York State Commission on Judicial Conduct has determined that John M. Skinner, a justice in the Herkimer County town of Columbia, should be removed from office.

Skinner retired on Dec. 31, but formal removal will prohibit him from holding any judicial office in New York state in the future.

The commission found that the judge should be removed “for failing to appreciate fundamental legal precepts and otherwise failing to maintain professional competence in the law,” according to a news release from the commission.

The commission found that Skinner:

• Conducted unauthorized ex parte communications with defendants in multiple cases
• Dismissed charges in multiple cases without the necessary notice to or consent of the prosecution
• Summoned a complaining witness to court after dismissing the case, without any legal authority to do so
• Accepted a guilty plea from a defendant who spoke limited English, after an improper ex parte conversation and without an interpreter present
• Failed to mechanically record proceedings as required
• Did not understand the role of a judge, various statutory obligations, and due process.

Skinner is not an attorney. He served as a justice in Columbia since 2009.  His term would have expired on Dec. 31, 2028.

“For the public to have confidence in a court, the judge must understand and adhere to the law. Mistakes made in good faith are appealable. But there is no room on the bench for judges who disregard or do not understand fundamental legal principles and procedures,” Commission Administrator Robert H. Tembeckjian stated in the release.

Under New York State Judiciary Law, the commission can seek removal within 120 days of a judge’s resignation. The commission sent the determination to the state Court of Appeals.

A judge may either accept the commission’s determination or, within 30 days, make a written request to Chief Judge Rowan D. Wilson for a review by the Court of Appeals.

If Skinner does not request review by the Court of Appeals, the Court of Appeals will remove him. If the matter is reviewed by the Court of Appeals, the court can accept the determined sanction, impose a different sanction, including admonition, censure or removal, or impose no sanction.

In 2018, the commission censured Skinner for delaying and improperly handling a small claims action and failing to mechanically record any court proceedings for more than eight years.

In the removal decision, the commission stated that Skinner’s “array of misconduct, particularly in light of his prior censure, demonstrates that he is unfit for judicial office and warrants his removal to prevent his return to the bench.”

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