On Wednesday, December 4, 2024, the New York State Commission on Judicial Conduct recommended that Supreme Court Justice Lewis J. Lubell of Westchester County be formally admonished for engaging in inappropriate communications regarding a case being adjudicated by another judge. Judge Lubell has accepted the recommendation.

The commission’s findings stem from an incident in August 2022, when Judge Lubell had a private conversation with an attorney friend about a contested matrimonial case in which the attorney represented the plaintiff. The matter was pending before Supreme Court Justice Thomas Quinones. During the discussion, the lawyer expressed concerns about remarks made by Justice Quinones’s law clerk during a case conference. In response, Judge Lubell initiated an improper ex parte conversation with Justice Quinones, during which he offered advice on the case and inquired about the potential replacement of the law clerk.

In deciding on the admonition, the commission noted that Judge Lubell acknowledged his conduct was inappropriate and warranted public discipline. The commission’s administrator, Robert H. Tembeckjian, stated that public trust in the judicial system is compromised when a judge intervenes in a case before another judge, especially to advocate for one party’s interests. Both Judge Lubell and Justice Quinones accepted responsibility for their respective roles in the situation.

The commission served Judge Lubell with a formal complaint on August 27, 2024, containing a single charge. On September 20, 2024, the commission, Judge Lubell, and his attorney reached an agreed statement of facts that stipulated the details of the case and the recommended sanction, waiving any further submissions or oral arguments. The commission formally accepted this agreement on October 24, 2024.

The determination was filed on November 7, 2024, with ten members of the commission concurring in the decision. One member, Judge Robert J. Miller, did not participate in the proceedings. Following the commission’s determination, the findings were transmitted to the Chief Judge of the Court of Appeals, as required by law.

Judge Lubell has served as a Justice of the Supreme Court since 2006 and previously held the position of Acting Justice of the Ardsley Village Court from 2003 to 2005. His current term is set to expire on December 31, 2033.

A copy of the original filing can be found here.