NY Conduct Panel Says Upstate Judge Should Be Censured for 'Inappropriate' Campaigning
The disciplinary commission found that Michelle VanWoeart's campaign literature gave the impression that generating revenue for the town would be an element in her decisions on the bench.
April 28, 2020 at 04:39 PM
3 minute read
A state disciplinary panel says an upstate New York judge should be censured for endorsing crude Facebook comments against her election opponent and making "inappropriate" statements in campaign materials.
The state Commission on Judicial Conduct announced its decision Monday against Michelle VanWoeart, a justice for the Princetown town court in Schenectady County.
VanWoeart, who is not an attorney, has agreed to the censure, the panel said.
The disciplinary commission found that VanWoeart's campaign literature gave the impression that generating revenue for the town would be an element in her decisions on the bench. It also left the impression, according to the commission, that a portion of her responsibility in the position was to raise revenue for the town.
"By creating and distributing the campaign material and the advertisement that repeatedly conveyed this impression, [VanWoeart] breached her ethical obligations," according to the commission.
The campaign material came about while VanWoeart, who previously served as a justice for the court, was running against incumbent Norman Miller in 2018, the panel reported.
The commission cited multiple examples in its determination, including a newspaper advertisement that ran on the day of the primary election. The advertisement featured a pie chart, which appeared to show VanWoeart brought in more money from court proceedings than her opponent during an unidentified four-year period.
"Surrounding the pie chart were the statements: "PRINCETOWN does not have a TOWN TAX. It does get revenue from the court. Compare Miller/VanWoeart revenue (4-year term). PRINCETOWN CAN'T AFFORD ANOTHER 4 YEARS OF NORM MILLER!" according to the commission.
VanWoeart's attorney, John Seebold, said the campaign materials were taken out of context and were meant to show that she was a busy judge on the bench.
Beyond the campaign material, the commission found VanWoeart liked or replied to crude comments posted on her campaign's public Facebook page, including one that called her opponent a "Dirt Bag."
According to the commission, VanWoeart posted about Miller's flyers and liked a comment that read, "I'd like to shove the flyers up Norm's butt!"
Seebold, her attorney, said VanWoeart engaged with many comments on the Facebook page. Those interactions were simply meant to thank campaign supporters, instead of endorsing their specific remarks, he said.
Commission Administrator Robert Tembeckjian issued a statement saying a judge is required to decide a case on its merit, without considering how much money a decision will bring in for the local government.
"It is flat out wrong for a judicial candidate to imply that electing him or her would put money in the local treasury, rather than deliver justice to the litigants and community," he said in the statement.
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