- Albany County Family Court Judge Gerard Maney - who drove drunk and tried to intimidate the arresting police officer with his status as a judge to get out of criminal charges;
- Juvenile Drug Court, and
- Family Treatment Court - you know, substance abuse, alcoholics and domestic violence caused by drinking.
The next celebrity drunk judge in New York who escaped proper discipline is:
Judge Landicino is also an attorney who has "no record of public discipline", despite public discipline (super-light though it was, just censure) from the New York State Commission for Judicial Conduct;
- Judge Leticia Astacio, of the Rochester City court was charged with a DWI on the way to court, where she was supposed to hear DWI cases - she is still on the bench, and not disciplined.
True to the policy, the New York State Commission for Judicial Conduct recently took off the bench Judge Timothy J. Cooper, a justice of the Evans Town Court in Erie County, with a stipulation that he will neither seek nor accept a judicial office, and that if he breaks the terms of the stipulation, the judicial disciplinary proceeding will resume and go a hearing before a referee.
Here is judge Cooper:
I guess, New York State Commission for Judicial Conduct needs to be prodded in the rear end to commence such a proceeding before a referee because Judge Cooper did violate the terms of the Stipulation - or the Stipulation was deliberately not worded precisely in order to allow Judge Cooper to retain his position of - guess who? - a Magistrate judge in the Niagara County Family Court, which he remains, according to the court's website, until this day:
Now the Commission took off ONE bench out of TWO Judge Timothy Cooper (without mentioning that Justice Cooper of the Town of Evans court is also a Niagara Family Court magistrate).
Not only the discipline of Judge Cooper was crooked, his criminal prosecution and conviction was even more crooked.
Let's see what Judge Cooper did, what he was charged with, and what he was convicted of.
The snippets below is from the NYS Commission's publication regarding proceedings against judge Timothy J. Cooper.
Let's remember - Judge Cooper drank before driving four 12-ounce(large) beers and a one half-ounce shot of whiskey.
His alcohol content should have been quite high if Judge Cooper could not control himself from veering into a LONELY car coming his way in the opposite lane.
There was just ONE car coming his way because otherwise, when Judge Cooper struck it and when it has spun, flipped and stopped across the highway, there could have been additional accidents if there were more cars on the road at that time.
So, attorney, Niagara Family Court magistrate and Town of Evans justice Timothy Cooper was driving drunk, veered into oncoming traffic despite seeing that there is a vehicle coming his way in the opposite lane, hit that vehicle and caused the other vehicle to "spin, flip on its side, and come to rest blocking the northbound lane of the roadway".
It is sheer luck that the person in that vehicle was not killed and that there were no more accidents.
Where a vehicle is blocking the roadway across, it could very well be that more vehicles could ram into it, not having time to stop.
The injured person sustained "a cut on the side of his head" - not to mention the stress of the near-death experience.
1) admitted to using alcohol - four 12-ounce beers and 1 half-ounce shot of whiskey;
2) refused a breathalyzer test;
3) failed the field sobriety tests;
4) had glassy eyes, slurred speech, and "smelled of alcohol" ("smelled of alcohol" was bad police work, the police should verify that the breath, and not the clothes, smells of alcohol).
In my practice and my husband's practice as criminal defense attorneys in New York,
1) refusal to take a breathalyzer test leads to an automatic suspension of a driver's license;
2) arrest for driving while intoxicated after causing a car accident with injuries, and with an admission to the amount of alcohol Judge Cooper admitted "consuming" leads to charges for
Here is what Judge Cooper was charged with:
VTL 1192(3) - a misdemeanor driving while intoxicated (up to 1 year in the local jail if convicted, 3 years probation and a mandatory ignition interlock device on all vehicles in the family); the next DWI after a misdemeanor DWI conviction is automatically a felony, and conviction of an attorney for a felony in New York causes automatic disbarment as of the date of conviction;
- VTL 1194(1)(b) - refusal of a chemical test, which should lead to a 1-year suspension of the driver's license in the case of a first refusal;
- VTL 1128(a) - failure to keep right.
- fines and surcharges totaling $615;
- suspension of Judge Cooper's driver's license for whopping 90 days; and, imagine
- a conditional discharge.