Failure to Use Tech, File Reports Causes NY Judge to Resign After 28 Years on Bench
A complaint alleged Bruce Scolton consistently failed to file certain mandated reports with the state and did not use technology at the court, including his email account.
December 14, 2018 at 02:00 AM
4 minute read
The original version of this story was published on New York Law Journal
An attorney from Western New York who had served as a town justice in Chautauqua County for almost three decades has resigned after a complaint alleged he consistently failed to file certain mandated reports with the state and did not use technology at the court, including his email account.
Bruce Scolton, a name partner at Erickson Webb Scolton & Hadju in the Jamestown area, will leave his post as court justice in the town of Harmony at the end of the month and has agreed to never seek judicial office again, according to the State Commission on Judicial Conduct.
Scolton was facing three official charges from the commission when he tendered his resignation in late November.
The first charge alleged that Scolton was frequently late in filing reports to the Office of the State Comptroller for about three-and-a-half years. Town and village court justices are required by law to report the amount of funds the court receives to the state comptroller by the tenth day of each month. They also have to remit those funds to the municipality by that time.
According to the commission, Scolton was charged with filing those reports late each month between January 2015 and July 2018 with the exception of six months. The reports were often sent months after they were due and Scolton's salary as town justice was frequently paused while the state waited for the filings.
It was not the first time he's been accused of filing those reports late. Scolton received two letters of dismissal and caution for failing to file those reports—one in 1998 and another in 2000. He was also admonished by the commission for delaying the disposition of six small claims cases in 2007, the commission said.
The second charge referred to conduct spanning nearly his entire tenure as town justice, according to the commission. Since 1991, according to the complaint, Scolton had not ensured that the court's staff was notifying the state Department of Motor Vehicles about the status of 2,612 vehicle and traffic cases. Those cases involved individuals who had either been convicted of a violation, failed to pay a fine or respond to the charge.
Instead, according to the commission, Scolton notified the DMV of those cases by sending documents of his own design to the agency, which it said it did not recognize and could not accept. He continued to send his own forms to the DMV despite being told by the agency that it did not recognize the cases as being disposed, the commission said.
The third charge alleged that Scolton did not use his court email account for more than three years, from January 2015 to May 2018. The complaint also alleged that Scolton had not activated or used a computer that was provided to him by a grant from the Office of Court Administration in mid-2017. He had also failed to install certain court-related software on the computer.
That apparently meant that the Harmony Town Court had been unable to receive electronically filed traffic tickets issued by police during that time, according to the commission.
Robert Tembeckjian, administrator of the commission, said in a statement that Colton's actions degraded the public confidence in his position.
“Public confidence in the courts requires town and village justices to account scrupulously for, and timely remit, all fines and other official funds in their care,” Tembeckjian said. “It also requires them to make prompt and accurate reports of dispositions, so that a judge in a later case, for example, may properly adjudicate and fine a repeat traffic offender.”
Colton, who represented himself before the commission, did not immediately return a call for comment Thursday. He practices real estate and business law at his firm. In a letter to the town supervisor in Harmony, he pegged his resignation on a “combination of personal matters and administrative issues.”
Colton first took office as a justice of the Harmony Town Court in 1990.
|This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrending Stories
- 1Decision of the Day: Judge Reduces $287M Jury Verdict Against Harley-Davidson in Wrongful Death Suit
- 2Kirkland to Covington: 2024's International Chart Toppers and Award Winners
- 3Decision of the Day: Judge Denies Summary Judgment Motions in Suit by Runner Injured in Brooklyn Bridge Park
- 4KISS, Profit Motive and Foreign Currency Contracts
- 512 Days of … Web Analytics
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250