On Wednesday, October 30, 2024, the New York State Commission on Judicial Conduct announced the resignation of Kathy Wachtman, a Justice of both the Wolcott Village Court and the Huron Town Court in Wayne County. Her resignation comes amid an ongoing investigation by the Commission into allegations of judicial misconduct.
The Commission had informed Wachtman in January 2024 that it was investigating a complaint regarding her conduct in a case. Specifically, the allegations included that Wachtman issued an order of protection in a matter that was still pending before her co-judge, without notifying the defendant. Additionally, it was claimed that she amended a previous order of protection by adding a protected party and misdating the document, which created the misleading impression that it had been executed and served on the defendant five days earlier than it actually had been.
Wachtman, who was set to testify before the Commission on November 6, 2024, submitted her resignation effective December 31, 2024, through letters dated August 15, 2024. As part of her resignation agreement, she has also consented to never seek or accept a judicial position in the future. The Commission formally accepted a stipulation to this effect, which was signed on October 21, 2024, and the acceptance order was issued on October 24, 2024.
In a significant move, Wachtman waived the confidentiality provisions usually associated with Commission proceedings, allowing the stipulation and the Commission’s enforcement order to be made public. She has served as a Justice in Wolcott since 2019 and in Huron since 2013, with her terms originally set to expire in September 2025 and December 2025, respectively.
This is not the first time Wachtman has faced scrutiny. In 2019, she was censured by the Commission for failing to uphold a defendant’s due process rights during a preliminary hearing. In that instance, she proceeded with the hearing without the defense attorney present and did not adequately inform the defendant of his rights, including the right to cross-examine witnesses and to testify on his own behalf. Despite the defense counsel’s request for an adjournment due to a scheduling conflict in another court, Wachtman denied the request and conducted the hearing.
Robert H. Tembeckjian, the Commission’s Administrator, commented on the recent allegations, emphasizing the seriousness of altering legal orders without proper notice to all parties involved, particularly the defendant and their legal representation. He remarked that backdating an order undermines a judge’s integrity and could lead to unjust consequences.
