On Wednesday, January 8, 2025, the New York State Commission on Judicial Conduct announced its determination to admonish Michael W. Cole, a Justice of the Alden Town and Village Courts in Erie County. The decision arises from Judge Cole’s misuse of his judicial position in a personal legal matter.
The Commission found that Cole had delayed the processing of a small claims case filed against him by a former client, who had previously employed him as an attorney. According to the Commission, Cole attempted to influence court staff to postpone the claim’s processing while he sought to have the case withdrawn. This action was deemed an inappropriate use of his judicial authority, particularly given that he presided over the court where the case was filed.
Cole, a part-time judge who has been allowed to practice law, had represented a client in a family law matter starting in 2018. However, the client became dissatisfied with his legal services and requested the return of her $1,500 retainer multiple times. In 2021, after filing a small claims suit against him in his own court, Cole initiated a request to his court clerk to delay the case’s processing, despite being aware that the case would eventually need to be moved to another court due to a conflict of interest.
Ultimately, the case was transferred to a different court, and Cole sent a check to his former client for the full amount in question, leading to the closure of the matter without further legal action. The Commission emphasized that instead of promptly disqualifying himself from the case, Cole inappropriately exerted influence to delay its processing, violating established ethical standards.
In accepting the recommended admonition, Cole acknowledged that his conduct was improper and deserving of public discipline. The Commission’s determination was made after a formal complaint was filed against him on September 17, 2024. Following an agreed statement of facts between the Commission, Cole, and his attorney, the Commission accepted the findings on December 12, 2024.
Robert H. Tembeckjian, the Commission’s administrator, noted that public trust in the judiciary is compromised when judges use their positions to influence legal proceedings related to personal lawsuits. He commended Cole for taking responsibility for his actions, resolving the lawsuit, and cooperating with the Commission.
Judge Cole has served as a Justice of the Alden Village Court since 2019, having previously held the position of Associate Village Justice from 2018 to 2019. He has also been a Justice of the Alden Town Court since 2021. His current terms are set to expire on March 31, 2025, and December 31, 2028, respectively.
