The New York State Commission on Judicial Conduct has determined that Gerard E. Maney, a Judge of the Family Court and an Acting Justice of the Supreme Court, Albany County, should be censured for being convicted of DWAI (driving
while his ability was impaired by alcohol), and for asserting his judicial office in connection with his arrest. The Commission noted that it does not have authority to suspend a judge without pay. The Commission found that after consuming alcohol at a private club in Albany County on June 18, 2009, Judge Maney, who was driving his personal car which had judicial license plates, made an illegal U-turn in an attempt to avoid a sobriety checkpoint. A local police officer pursued him in a marked police vehicle for approximately half a mile before the judge stopped his vehicle. Judge Maney repeatedly tried “to avoid the full consequences of his wrongdoing”
by making repeated references to his judicial status during his arrest while asking the arresting officers for “professional courtesy” and “consideration.” He also used mouthwash at the scene, initially refused to take a sobriety test and delayed taking a breathalyzer test for an hour at the police station while making numerous phone calls. These calls included an unsuccessful attempt to contact Albany County District Attorney David Soares. The Commission found that these “aggravating circumstances” were “disturbing” and significantly exacerbated the judge’s misconduct.
Judge Maney’s conduct “violated his ethical obligation to respect and comply with the law and endangered public safety,” the Commission said in its determination. The Commission added: “By engaging in such conduct, [Judge Maney] undermined his effectiveness as a judge and brought the judiciary as a whole into disrepute.”
The Commission stated that it would have suspended the judge without pay if it had the power to do so. The Commission noted in mitigation that this was an isolated incident over a 19-year judicial career, and the judge acknowledged his
misconduct and recognized that a severe sanction was appropriate. The determination can be found on the Commission’s website: www.cjc.ny.gov.
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