On Monday, July 15, 2024, the ABA Journal reported that a New York town judge was suspended with pay after being charged with a felony DUI involving a child passenger.
Lindley Town Justice Julie Kuck faces felony charges of aggravated driving while intoxicated with a child under 15 years old in the vehicle, as well as misdemeanor counts of regular DWI and driving with a blood alcohol content exceeding the legal limit of 0.08%. According to the report, the charges stem from a traffic stop that occurred on June 14th.
In response to Judge Kuck’s arrest and pending charges, Robert Tembeckjian – administrator and counsel for the New York State Commission on Judicial Conduct – recommended that Kuck be suspended from her position until the criminal case concludes. Tembeckjian stated that while the commission does not pass judgment on the validity of the criminal allegations, public trust in the justice system could be undermined if Kuck continued overseeing cases in her court while simultaneously defending herself against serious charges in another.
Tembeckjian noted in a letter to the New York State Court of Appeals that it is generally standard practice for the high court to suspend judges facing felony charges with pay until the disposition of those charges. This protocol aims to balance the presumption of innocence for the accused party by ensuring no perception of bias or conflicts of interest arises from a judge actively presiding over cases during their own unrelated criminal proceedings.
The Court of Appeals reportedly accepted Tembeckjian’s recommendation, placing Judge Kuck on paid suspension effective July 14, 2024.
Source: ABA Journal
