Family Court judge Gerard Maney likely only to be admonished by NYSCJC if found guilty of DWAI

June 22, 6:04 AMAlbany CPS and Family Court ExaminerDaniel Weaver

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NYS Unified Court Sys.

While many people would like to see Albany County Family Court judge, Gerard Maney, removed from the bench if convicted of DWAI, it is likely that he will only be admonished by the New York State Commission on Judicial Conduct. Admonishment is the least severe of the punishments that the commission metes out. The other punishments are censure and removal from the bench.

In 2004 the commission ruled on David J. Pajak, a Justice of the Pembroke Town Court in Genesee County. Pajak had been arrested for DWI in 2003 after having an accident that caused property damage.  In its decision the commission stated that "A judge who operates a motor vehicle while under the influence of alcohol violates the law and imperils public safety." The commission also stated that "By failing to abide by the laws that he is called upon to apply in court, respondent undermined his effectiveness as a judge and brought the judiciary as a whole into disrepute."

Having said that, the commission went on to state the mitigating and/or aggravating factors that it uses when considering a case. These include the level of intoxication, whether or not the judge's actions caused an accident or injured someone, whether the incident was an isolated one, the conduct of the judge during arrest and whether or not the judge needs treatment and how willing he is to seek treatment.

The commission concluded that there were no exacerbating circumstances in David Pajak's case, but that he should be punished because of the seriousness of driving while under the influence of alcohol and because judges must be held to the highest standards of conduct. All of the commission voted to admonish Pajak, except for Stephen Coffey who felt the punishment was not severe enough.

Of the three cases that the commission cited in their decision on Pajak, all involving justices drinking and driving, two judges were admonished and one was censured. It appears that the judge who was censured was censured because he had two previous alcohol related arrests, was belligerent and abusive when arrested, and tried to use his judicial position to get the police to go easier on him.

Judge Gerard Maney's case differs from David Pajak's in that it did not cause property damage. It also differs, however, in that Judge Maney is a Family Court judge, an acting Supreme Court justice and a Drug Court justice. Whether the commission will consider these factors if it ends up ruling on Judge Maney remains to be seen. Until the commission meets, it appears that Judge Gerard Maney's future depends in part on his cooperation with traffic court.