On Wednesday, December 3, 2025, the New York State Commission on Judicial Conduct (CJC) released a determination regarding the conduct of two town justices in Jefferson County. Justices Donald F. Hull and Lucas J. Whitmore of the Antwerp Town Court face disciplinary action for their behavior during a 2022 eviction proceeding. Hull is slated for censure, while Whitmore will be admonished, both accepting these public disciplines.

The controversy stems from an October 2022 eviction case where the tenants were not represented by legal counsel. According to the CJC’s findings, Judge Hull made inappropriate ethnic remarks during the proceeding. Furthermore, he allowed Judge Whitmore, who had no official role in the case, to actively participate by sitting near the bench and interjecting questions, creating the impression of two judges presiding.

Specifically, after ruling to evict the tenants, Judge Hull stated that Social Services would need to provide them housing, adding, “If they can put Mexicans up in the Taj Mahal….” When a tenant labeled the comment as racist, Judge Whitmore defended Hull, suggesting he meant to say “fancy hotel.” Hull then clarified that he was referring to “New York City” and “Mexicans right now who are flowing out of the border, and they’re going right from the border to hotels.”

The Commission’s determination censuring Judge Hull stated that he “failed to perform his judicial duties without the appearance of bias.” The CJC also criticized Hull for allowing Whitmore’s participation, which gave the appearance of undue influence.

Judge Whitmore’s admonition stems from his defense and minimization of Judge Hull’s statements, which the Commission found to be a breach of ethical obligations. His interjections during the proceeding also “undermined” Judge Hull’s authority, according to the CJC.

Commission Administrator Robert H. Tembeckjian issued a statement noting that the judges “unprofessionally teamed up against two unrepresented tenants” and made or defended “insolent remarks about Mexicans, the Taj Mahal and New York City.” He added that they failed to “be and appear fair, impartial, unbiased and decorous,” but acknowledged their cooperation with the Commission’s inquiry and their acceptance of responsibility.

Formal Written Complaints were served to both judges on July 8, 2025, each containing one charge. On September 19, 2025, the Administrator of the Commission, Judge Hull, Judge Whitmore, and their attorney entered into an Agreed Statement of Facts, stipulating to the facts and sanction and waiving further submissions and oral argument. The Commission accepted both Agreed Statements on October 30, 2025, and filed separate determinations for each judge on November 19, 2025, with all 11 members concurring.

The determinations have been transmitted to the Chief Judge of the Court of Appeals. Both judges were notified on December 2, 2025. They have 30 days to request a review by the Court of Appeals. If no review is requested, the Commission will proceed with the censure and admonishment.

Judge Hull has served as a Justice of the Antwerp Town Court since 1979, with his current term expiring on December 31, 2025. He was recently re-elected to a new four-year term commencing January 1, 2026. Judge Whitmore has been a Justice since 2013, with his term expiring on December 31, 2028. Neither judge is a lawyer.

A copy of the press release can be found here.