Rejecting the recommendation of its administrator, a divided state Commission on Judicial Conduct has decided that a public censure rather than removal is the appropriate punishment for an upstate town justice who handled 10 cases involving his nephews, his employers’ sons and a second justice (See Determination).
A six-commissioner majority cited several factors in recommending the lower penalty for Justice Jeffrey L. Menard of Mooers in Clinton County: the role played by his clerk in accepting pleas and fines; he serves in a small community (it had a population of about 3,400 in 2000); and he previously has had an unblemished record in 14 years as a judge. The majority also noted in the decision released yesterday that Justice Menard has taken steps to ensure his disqualification in the face of future conflicts.
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