State commission says Saratoga Family Court judge Gilbert Abramson unfit

In a 36 page decision handed down by the New York State Commission on Judicial Conduct, the commission determined that Saratoga County Family Court Judge, Gilbert Abramson, is not fit to be a judge and should be removed from office. Gilbert's term expires at the end of the year, when Jennifer Bergan who was recently elected to office will take his place.

The commission's decision to unbench Abramson was based on his use of sexually charged language to a female who appeared in the Saratoga County Family Treatment Court and his jailing of four fathers without advising them of their right to counsel. (Fulton County Family Court Judge, David Jung, was removed for the latter offense two years ago.)

When a woman appeared on a neglect petition in Family Treatment Court wearing a t-shirt showing a turtle and with a caption that said, "cranky but adorable so I'm worth it," the following exchange took place between the Judge and the woman.

""JUDGE ABRAMSON: I,et me talk to my friend Wendy, who has to have her meniscus done

WENDY: Yeah.

JUDGE ABRAMSON: Yeah.

KAREN D'ANDREA: Look at her shirt.

WENDY: It says, 'Cranky but adorable so I'm worth it.'

JUDGE ABRAMSON: It's a shirt with a penis on it. I don't understand. It's a turtle, right?

WENDY: Yep.

JUDGE ABRAMSON: So you're walking - you're hobbling. That's what it looks like. Irs very phallic, and it's a penis with a smile on it. I've embarrassed (unintelligible). She's blushing. I didn't know I could do that. (unintelligible). So you got to get your meniscus done. You're hobbling like crazy. You go side to side.

WENDY: WelL no -- yeah.

JUDGE ABRAMSON: That's the meniscus. So you go for the MRI and your doctor. She's (unintelligible). She's got the giggles.

FEMALE VOICE: Now I look at turtles in a whole different way. Oh god. It's going to change them forever.

WENDY: Naw, I ain'ts going to wear this shirt again.

JUDGE ABRAMSON: Did you ever see a sad turtle? They're happy to be like - because that turtle, that's a turtle on Viagra. Irs erect; irs smiling. And you never see a sad Mrs. Turtle, because they're fully satisfied. They always (intelligible). So I had the meniscus surgery done. It was a day. There are three little incisions. They go in and they're done and you're home. And I went to work the next day. But as Becky (unintelligible) points out (sic), 'You sit on your judicial ass all day. So you could sit and do your job.' She didn't really say that. But you work, you're standing on your feet. But it will be a couple of days. That's a small potato
surgery. But shc's going to puke she's laughing so hard. This is like the highlight of my day. (Unintelligible). So you'll get this surgery done, because it's a small procedure. It's not laparoscopic, but they usc a little machine and it's done and then you go home. She's got the giggles. I'm bringing down the house.

FEMALE VOICE: Everybody's--

JUDGE ABRAMSON: -- It feels good. You can't look at your shirt without feeling aroused."

The most egregious example of Abramson's conduct toward males was sending a father to jail for failure to pay child support, even though he had suffered a stroke that made it difficult for him to work.

Here is how the commission described Abramson's conduct in the disabled father's case.

"1. Respondent has been a Judge of the family Court, Saratoga County, since 2000. His current term expires on December 31, 2010. Prior to serving as a judge, respondent served as chief counsel to the New York State Senate Committee on Children and Families and as deputy county attorney for Saratoga County dealing with Family Court matters.

As to Charge I of the Formal Written Complaint:

2. On February 11,2003, the Saratoga County Support Collection Unit, on behalf of Laurie B., tiled a petition for violation of a child support order by Daniel E. Mr. E. was never personally served with that petition. On the request of the Support Magistrate, respondent issued a warrant for Mr. E's arrest on April 9, 2003. No evidentiary hearing on the petition was held by the Support Magistrate.

3. On February 3. 2005. Mr. E. voluntarily appeared before respondent in response to the April 9. 2003 warrant and on his own petition for modification of support. which was tiled on November 22.2004. The modification petition requested relief from the support order due to Mr. E's physical and mental limitations, and the petition was signed and submitted by his power of attorney due to those same physical and mental limitations. Respondent knew that Mr. E. was under the care of a doctor due to a stroke. was in rehabilitation therapy, was unable to read or write and in general had physical limitations. At this appearance. respondent also proceeded on a petition for violation or a support order filed by the Support Collection Unit on behalf of Colleen V.

4. At the February 3, 2005 court appearance, Mr. E's attorney questioned whether Mr. E. had been properly served with the petitions, and he advised respondent that no evidentiary hearing had been held with respect to the violation petition in B. and that E. had not had an opportunity to show that he was incapable of paying due to his limitations.

5. Without reviewing the affidavits of service, granting an evidentiary hearing on either of the violation petitions or the modification petition, or granting a hearing on Mr. E's ability to pay. respondent imposed two consecutive sentences of 180 days for the alleged violations with respect to the B. and V. matters and committed Mr. E. to the county jail."

The commision's decision also means that Gilbert will be unable to be a judge in the future, unless the commission's ruling is overturned on appeal.