On Friday, September 27, 2024, the New York State Commission on Judicial Conduct announced the resignation of Town Justice Donald R. Spaccio, who served in Schuyler County. His resignation comes amid an ongoing investigation into allegations of misconduct, including his attendance at a political rally on January 6, 2021.
The Commission revealed that it had been investigating Judge Spaccio following complaints regarding his behavior during and after the rally in Washington, D.C. Specific allegations included that he shouted at police officers and improperly invoked his judicial title when confronted about a propane cannon located on the roof of his building. Additionally, he was accused of using profanity during a dispute with the Montour Code Enforcement Officer.
Judge Spaccio submitted his resignation in a letter dated September 9, 2024, and agreed to never seek or accept a judicial position in the future. The Commission accepted a stipulation confirming his resignation, which was signed by both the judge and Robert H. Tembeckjian, the Commission’s Administrator. Notably, Judge Spaccio waived his right to confidentiality regarding the Commission’s proceedings, allowing the stipulation and the Commission’s order to be made public.
Having first taken office in 2001 as a Justice of the Montour Falls Village Court and in 2005 for the Montour Town Court, Judge Spaccio’s terms were set to expire on March 31, 2026, and December 31, 2025, respectively. He is not an attorney and has been serving in these judicial capacities for over two decades.
The Commission emphasized that judges are prohibited from participating in political activities, except during specific periods when they are campaigning for office. It highlighted that attending the January 6 rally was impermissible, irrespective of whether the judge was a candidate. Furthermore, invoking a judicial title in a personal dispute was deemed inappropriate.
A copy of the press release can be found here.
