The New York State Commission for Judicial Conduct has published its determination of removal against Judge Alan Simon, "a justice of a Justice of the Spring Valley Village Court and the Ramapo Town Court,
Rockland County".
I wrote a preliminary blog about discipline against Judge Alan Simon, when his case was just reported, but before the determination was published, here.
The decision reads like a novel about the Wild West.
The only thing that it lacks is horseback chases with shooting.
Otherwise - it is intimidation, yelling at another judge "have a stroke or die", holding a court employee (intern) in contempt for disobeying a "court order" issued orally by Judge Simon outside of the courtroom or any court proceedings, attempting to use for arrest of that employee Judge Simon's personal friend who was off-duty at the time, the list goes on and on - I encourage you to read the decision.
Yet, as I said in my previous blog, while Judge Simon undoubtedly deserved being removed from the bench for his shenanigans, many judges on higher benches remain there despite any shenanigans, because the New York State Commission has an unwritten policy to remove only low-rank jerks.
Higher-rank jerks will remain there and continue to do what Judge Simon was removed for - with impunity - until people of the State of New York vote in 2017 to change to the State Constitution and remove judicial immunity on constitutional level, allowing to sue judges who commit misconduct in office, for money damages.
Only hitting them in the pocket, where it hurts, will work.
And, as to Alan Simon - the "have a stroke or die" former judge is actually an attorney "with no record of public discipline":
Like another removed judge, Diane L. Schilling, who also remains a practicing attorney with "no record of public discipline", see her order of removal here.
Of course, Diane L. Schilling was a "special" counsel for Chief Administrative Judge for upstate New York Michael Coccoma - that may explain that she still does not have a "record of public discipline", despite having been kicked off the bench for misconduct.
Mr. Simon might not be as lucky as Diane Schilling - his looks do not qualify.
My not-so-rhetorical question is - when will attorney disciplinary committees take their collective heads from where they are and start removing licenses of judges disciplined for misconduct?
Isn't it their job to protect the public from the likes of Simon and Schilling?
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