On Monday, August 26, 2024, the New York State Commission on Judicial Conduct announced that it had determined Thomas F. Rathbun Jr., a town justice serving in Salisbury, Herkimer County, should be removed from office due to various acts of misconduct.
The Commission found that Rathbun failed to complete the mandatory continuing legal education requirements for judges in 2022, which resulted in his cases being reassigned. He also did not properly file monthly reports with the state comptroller, leading to his salary being stopped. Furthermore, Rathbun took 11 months to adjudicate an eviction proceeding.
In his chambers, Rathbun displayed a statue containing a Confederate flag, which was visible from the courtroom when his office door was open. Additionally, he posted inappropriate political commentary on his public Facebook page, including demeaning political memes and apparent support for the Confederacy.
The Commission began investigating Rathbun after receiving complaints about his conduct. As part of the investigation, the Commission served Rathbun with a formal complaint containing five charges, but he did not respond to deny the allegations. The Commission then determined the allegations were proven without a hearing.
In its ruling, the Commission said Rathbun’s failures to complete required training, display of the Confederate flag, inappropriate Facebook posts, failure to properly perform duties like submitting reports, and decision to ignore the investigation showed he was unfit for judicial office.
The Commission’s determination will be submitted to the New York Court of Appeals for review. If Rathbun does not request the high court to review the ruling within 30 days, he will be automatically removed.
Judge Rathbun, who is not an attorney, has served as a Justice of the Salisbury Town Court since 2002. His current term expires on December 31, 2025.
A copy of the press release can be found here.
