(Photo: Jason Doiy and S. Todd Rogers/ALM)

The New York State Commission on Judicial Conduct is recommending the removal of a downstate village justice who is serving a combined two-year suspension from practicing law for misconduct.

Carlos Gonzalez, a justice of the Elmsford Village Court in Westchester County, has been recommended for removal, in a determination the commission made public on Monday. The commission rejected Gonzalez's contention that he should not be removed because there is no requirement that he must be an attorney to serve in his judicial position.

Likewise, the commission rejected his argument that he should not be disciplined because the misconduct occurred before he was a judge.

The decision reads: "Allowing him to remain on the bench would significantly undermine public confidence in the dignity and integrity of the judiciary."

Gonzalez began practicing law in New York in 2005. He began serving as a justice of the Elmsford Village Court earlier this month. The judgeship expires in March 2025.

In May 2021, Gonzalez began serving a six-month suspension from practicing law that was imposed by the Appellate Division, Second Department.

The suspension was based on a finding of professional misconduct underlying a public reprimand that was imposed by a May 2017 order of the U.S. District Court for the District of Connecticut in western Connecticut.

The order found that Gonzalez violated Connecticut's rules of professional conduct in his representation of a client who was suing the New Haven Police Department, New Haven, and city officials, alleging false arrest, false imprisonment and other charges.

The order found that Gonzalez caused the client's civil action to be dismissed because he failed  to respond on the client's behalf to a motion to dismiss, or in the alternative, failed to file an amended complaint. The order determined Gonzalez failed to take reasonable steps to resolve the factual questions the respondent had regarding the claim.

In November, Gonzalez began an additional 18-month suspension by the Appellate Division, Second Department, for failing to timely notify the court about the Connecticut discipline. The court determined he engaged in professional misconduct and lacked candor before the Grievance Committee for the Ninth Judicial District.

The commission was represented by Robert H. Tembeckjian, Mark Levine and Melissa DiPalo.  Investigator Christina Partida was assigned to the case.

"It would be contrary to the public interest and common sense to bar someone from appearing in court as a lawyer but not from taking the bench and deciding legal issues," Tembeckjian said in a statement.

"Judge Gonzalez compounded his misconduct as an attorney and further undermined his integrity as a judge by being less than candid with the Appellate Division about his disciplinary history," Tembeckjian said.

Gonzalez was served with a written complaint outlining the allegations in December.

Gonzalez did not immediately return a call seeking comment.