Rochester New York. Photo: Shutterstock

A Rochester-area judge has resigned after he was accused by a disciplinary panel of asking a local police chief to waive criminal charges for his former brother-in-law, who was suspected of driving while intoxicated.

James Mann, a justice in the town and village of Nunda in Livingston County, agreed to forfeit his spot on the bench after nearly two decades in office. Mann, who is not an attorney, had just been reelected to the bench in November.

According to the state Commission on Judicial Conduct, Mann used his position to do a favor for his former brother-in-law, who was pulled over by police in the village of Mt. Morris in 2016.

Mann's former brother-in-law was driving a car with three passengers: Mann's former wife, her husband and her sister, according to the commission's determination. When police approached his vehicle, Mann's former brother-in-law acknowledged that he'd drank alcohol that night.

A police officer administered three field sobriety tests for Mann's former brother-in-law, all of which he failed. He also failed a breathalyzer test.

While those tests were being administered, Mann's former wife called him and explained what was happening, according to the commission's determination. Mann then called Kenneth Mignemi, the chief of police in Mt. Morris at the time, to ask that his officers stand down.

Mann, according to the commission, told Mignemi that his brother-in-law had had "only a couple of drinks" that night and asked that he "give him a break."

Mignemi then called the officers at the scene and told them to give Mann's brother-in-law "a break," according to the determination. He was released without arrest and directed to have someone else drive his vehicle.

Robert Tembeckjian, the administrator of the commission, said that Mann's conduct that night lacked the integrity required to hold judicial office and was "unquestionably and obviously dangerous and wrong."

"Public safety and the integrity of the judiciary are both compromised when a judge thwarts a lawful arrest, especially for something so serious as driving while intoxicated," Tembeckjian said. "Exerting special influence to get such a 'break' for a friend or relative is unquestionably and obviously dangerous and wrong."

Mann was represented before the commission by Steven Sessler, an attorney in Geneseo. Sessler did not immediately return a call requesting comment.

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