On Thursday, May 1, 2025, the Times Union reported that Dutchess County Judge Edward T. McLoughlin is facing criticism over Facebook ads used in his reelection campaign. The ads are under scrutiny for potentially violating rules governing judicial campaigns, with allegations of bias.

One ad, which ran for four days in mid-March, highlighted McLoughlin’s commitment to safeguarding Dutchess County from the “spread” of what it termed “woke ideology.” The ad featured a New York Post headline about New York City judges releasing “dangerous” individuals at an alarming rate. According to data from Meta, Facebook’s parent company, the ad garnered between 5,000 and 6,000 impressions, primarily targeting men aged 35 to 64.

Another ad, running for just 23 hours in mid-April, showcased McLoughlin’s stringent sentences for defendants who pleaded guilty to gun and drug trafficking in the previous year. This followed a large-scale investigation by the Dutchess County Sheriff’s Office and the state attorney general’s office, which resulted in 200 charges. Meta’s data indicated that this ad reached 3,000 to 4,000 Facebook users, predominantly men in the 35-64 age range. The ad emphasized the judge’s stance that “illegal drugs and guns have no place in our communities,” referencing his heavy sentences imposed on those convicted in a major drug and ghost gun trafficking operation near Arlington High School.

A third ad from March stated that McLoughlin “always stands up for victims,” featuring a Mid Hudson News headline about the judge sentencing a rapist to prison.

While these ads appear typical for a political campaign, Michael Dupree, the leader of Dutchess County’s Democratic Committee, contends that they violate campaign rules for judges. The state Commission on Judicial Conduct advises judicial candidates against making promises beyond fair and impartial rulings and avoiding statements that could suggest bias.

Seth Agata, a government ethics attorney and former executive director of the state’s Joint Commission on Public Ethics, reviewed McLoughlin’s ads at the Times Union’s request. He noted that while judicial candidates have a First Amendment right to share their opinions, they must also demonstrate their ability to serve impartially. Agata suggested McLoughlin was “trying to walk that line.” He described the “woke ideology” ad as a dog whistle.

Following the publication of the story online, Chris Formisano, a spokesman for McLoughlin’s campaign, defended the judge’s record and the ad’s language. The statement asserted McLoughlin’s dedication to keeping Dutchess County safe and upholding justice throughout his career as a prosecutor and judge.

Agata clarified that while judges have free speech rights, these rights are not absolute and can be restricted if they compromise the judge’s fairness. He cited the case of Hyde Park Town Judge Michael Plass, who was disqualified from hearing criminal cases after promising specific outcomes during his 2023 campaign.

Dupree expressed concern over McLoughlin’s ads, particularly the use of the term “perps,” arguing it presumes guilt and undermines the principle of innocence. He also drew parallels with the Hyde Park case, emphasizing that judges typically avoid commenting on past cases or making promises about future rulings. Dupree indicated he was considering filing a complaint with the state Commission on Judicial Conduct. The Democratic Committee is seeking to unseat McLoughlin and elect Kara Gerry, a former Orange County prosecutor and current Dutchess County public defender, in the upcoming November election.

McLoughlin, a lifelong Dutchess County resident elected as a county judge in 2015, has presided over several high-profile cases, including the Nikki Addimando murder trial in 2019 and the 2023 case against Roy Johnson, who was convicted of fatally shooting a Marist student’s parent. He imposed significant sentences in both cases.

Agata refrained from definitively stating whether McLoughlin’s ads violated conduct rules, noting the lack of clear guidelines from the Court of Appeals on where the line is drawn.

 

 

Source: Times Union