Howard Gerber, Clarkstown Town Court justice in Rockland County.

A state disciplinary commission has found that a town court justice in Rockland County made inappropriate comments and failed to disqualify himself from a case.

The state's Commission on Judicial Conduct on Thursday reported that Howard Gerber, a justice for the Clarkstown Town Court, should be admonished for the behavior. 

Gerber, who agreed to the admonition, has served on the bench in the town court since 2007, the commission reports.

The commission found the judge made disparaging remarks about a probation department.

"Respondent now recognizes that he should have disqualified himself from [the case] after making the remarks," according to a determination from the commission.

During a conference, Gerber said he had problems with a probation department and said a department official was a "liar" who "perjured herself" while appearing before him in a previous matter, the commission reported.

During a conference in 2017 on a separate case, Gerber remarked that a defendant's daughter "was 'dressing for attention,' by which he meant 'for men to look at her,'" the commission reported.

After someone commented the daughter had worn yoga pants to court, the judge said "in words or substance to [a prosecutor]: 'I don't care what anybody wears … if you wear yoga pants to court, it's okay with me,'" according to the commission's determination.

"When [the prosecutor] did not respond, respondent said in words or substance, 'Oh, I should not have said that. Are there cameras in here?'" according to the determination.

In a separate incident when the judge was walking out of a courtroom, Gerber asked the prosecutor and her friend if they "want[ed] a room" and then offered "in words or substance to 'turn off the lights'" for them, according to the commission. The judge intended "to make an off-color joke," according to the determination. 

The commission described the comments as "demeaning and inappropriate for a judge to make in a courtroom."

"We expect that [Gerber] has learned from this experience, will comply with his pledge to refrain from making inappropriate comments in the future and will act in accordance with his obligation to abide by all the Rules Governing Judicial Conduct," according to the commission's determination.

In a statement issued through an attorney, Gerber said he accepts their determination and his responsibility for his actions.

"I am keenly aware that it is my responsibility to avoid even the appearance of impropriety," he said in the statement. "I have learned from this unfortunate experience, and will endeavor to use such insight to further improve myself as a judge."

Commission Administrator Robert Tembeckjian issued a statement saying "there is no call for a judge to engage in sexual innuendo or make judgmental or juvenile remarks about the way women look or dress."

"Nor is it appropriate for a judge to preside over a matter in which he has gratuitously disparaged an essential participant," he said in the statement.

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