Town Justice Censured Over Leash Law Violations
By North Country Gazette On August 29, 2012 · Leave a Comment

SCHENECTADY COUNTY—A Schenctady County town justice has been censured for failing to disqualify herself promptly after she and her sons were issued appearance tickets for allowing their dogs to run at large, improperly communicating with the court to which the matters were ultimately transferred and failing to keep proper records of the violations.

The New York State Commission on Judicial Conduct has determined that Michelle A. Van Woeart, a justice of the Princetown Town Court, Schenectady County, should be sanctioned.
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A censure is a mid-level public sanction amounting to little more than a permanent black mark on her judicial record.

In late September and late October 2009, the local Animal Control Officer (ACO) issued tickets to Judge Van Woeart and her sons for violation of a “loose dog” ordinance.

Judge Van Woeart did not disqualify herself until early January 2010, and then she inappropriately made substantive comments to the judges of the court where the matters were transferred, stating that the tickets were not properly served and that she hoped to be removed from the matter as the dog in question belonged to her son. She did not send the ACO a copy of the letter.

In its determination the Commission stated that “allowing the tickets issued to her and her children to languish in her court created an appearance of impropriety and should have been avoided.” The Commission found that the judge’s ex parte communication with the transferee judges compounded her misconduct.

The decision states: “Identifying the defendants as her sons, explaining why the service of the tickets was defective, and stating that she was ‘hopeful’ of having her name removed from the matter…all could be viewed as an attempt to assert her judicial office and influence the judges who would be deciding the matter.”

The commission also found that the judge “created an appearance of impropriety” by failing to maintain complete and accurate records of the 2009 tickets and other tickets issued to the judge and her son in 2005. The Commission stated that since Judge Van Woeart and her sons were parties to the matters and since she also serves as the court clerk, the judge “should have been especially sensitive to the requirements regarding proper record-keeping.”

Van Woeart, who is not an attorney, has served as town justice since 1997. Her current term expires Dec. 31, 2013.

http://www.scjc.state.ny.us/Determinations/V/VanWoeart.Michelle.A.2012.08.20.DET.pdf   8-29-12

http://www.northcountrygazette.org/2012/08/29/doggie_judge/