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The state Commission on Judicial Conduct has formally censured an upstate judge who drunkenly crashed his car in 2018 and then lied to police officers about how many drinks he had consumed.

In a report made public on Wednesday, the commission said that the case of Justice Michael J. Miranda of the Shandaken Town Court in Ulster County "came very close to removal," and that it would have suspended Miranda without pay if that option were available.

"His unlawful and reckless conduct endangered public safety and brought the judiciary into disrepute," the commission said in the 15-page report. "By violating the law which he is called upon to administer in his court, respondent engaged in conduct that undermines his effectiveness as a judge and undermines public confidence in the judiciary."

The commission did, however, credit Miranda's assurances that the incident was a one-time mistake, as well as his commitments to continue treatment for alcohol abuse disorder, which he said he had suffered from for 12 years before his arrest in March 2018.

The Vietnam War veteran and former Ulster County prosecutor lost control of his car and crashed in Shandaken, damaging two stop signs and benches, after returning to Albany on a flight from Florida. According to the report, he had at least eight alcoholic drinks in his system and had stopped on the drive to drink vodka out of a bottle.

Miranda told two state police officers who responded to the scene that he had only had two beers at the airport. However, he failed three field sobriety tests and was found to have a blood alcohol level of 0.17% at the time of the crash.

Miranda was charged with driving while intoxicated and later pleaded guilty to a lesser offense of driving while ability impaired. He also completed a three-day alcohol detoxification regiment at a local hospital and checked himself into a two-week alcohol rehabilitation program.

The report also said that Miranda touted his judicial office and threatened to "never again" conduct an arraignment for the state police, though there was no evidence he ever followed through on the promise.

Miranda later admitted he had no recollection of making the statements, but said he had no reason to doubt the officers' account.

Miranda, who has served as a justice of the Shandaken Town Court since 2006, stipulated to the facts alleged in the disciplinary proceeding and agreed to the public censure.

Commission Administrator Robert H. Tembeckjian said in a statement that driving under the influence was a "serious offense," with "dangerous and potentially deadly consequences," but also highlighted the gravity of the judge's comments to the responding state police officers.

"A judge who excessively drinks and drives can expect public discipline," Tembeckjian said. "By invoking his judicial office to evade the consequences, and threatening not to conduct arraignments for the state police, Judge Miranda came close to being removed, which would likely have been the result if he had followed through on his threat."

Alfred B. Mainetti, who represented Miranda in the disciplinary action, said his client acknowledged he had made a "serious error in judgment."

"It's a very, very unfortunate and unhappy situation that I'm sure won't happen again," he said.

Miranda was first elected to the Shandaken bench in 2005 and was reelected in 2009, 2013 and 2017. His current term is set to expire Dec. 31, 2021.

A spokesman for the Office of Court Administration did not immediately respond to an email seeking comment on the case.

 

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