Fourth Department – Judicial misconduct: Pitts-Davis v. The Onondaga County DA

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New York State Supreme Court, Appellate Division, Fourth Judicial Department

Judicial misconduct — Grand jury recommendations

Pitts-Davis v. The Onondaga County District Attorney’s Office

KA 25-00132

Appealed from Onondaga County Court

Background: The grand jury recommended removal of the appellant, a city court judge, from the bench based upon her misconduct or non-feasance in public office. The appellant argues that the court should have rejected the grand jury’s report because the Commission of Judicial Conduct has exclusive jurisdiction to review and to make determinations regarding the conduct of members of the judiciary.

Ruling: The Appellate Division affirmed. The court held that the CPL permits a grand jury to issue a report concerning misconduct, non-feasance or neglect in public office by a public servant as the basis for a recommendation of removal or disciplinary action. Additionally, the provisions of the Judiciary Law related to the confidentiality of CJC proceedings apply only to matters before the CJC not to matters before the court.

Sarah E. Hansen, of Burden & Hansen, for the defendants-appellants; John A. Collins, of Lipstiz Green Scime Cambria, for the plaintiffs-respondents.

Submitted