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s ·rATE OF NEW YORK

COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding


Pursuant to Section 44, subdivision 4,
of the Judiciary Law in Relation to

JAMES R . .MANN, JR. STIPULATION

a Justice of the Nunda Town and Village


Court, Livingston County.

IT IS HEREBY STIPULATED AND AGREED by and between Robert H.

Ternbeckjian, Administrator and Counsel to the Commission on Judicial Conduct, and

the Honorable James R. Mann, Jr. ("Respondent"), who is represented in these

proceedings by Steven D. Sessler, Esq. as follows :

1. Respondent has been a Justice of the Nunda Town Court and a Justice of the

Nunda Village Court, Livingston County, since January l, 2000. Respondent's current

term for Justice of the Nunda Town Court expires on December 31, 2019, and his current

term for Justice of the Nunda Village Court expires on March 31, 2022. Respondent is

not an attorney.

2. Respondent was served with a Fonnal Written Complaint dated October 10,

2019, containing one charge alleging that on or about August 19, 2016, Respondent Jent

the prestige of his judicial office to advance the private interest of James Forrester, his

former brother-in-law and a member of the Nunda Town Board, when he contacted Mt.

Morris Village Police Chief Kenneth Mignemi concerning a pending traffic stop of Mr.

Forrester by the police.


3. The Formal Written Complaint is appended as Exhibit A.

4. Respondent filed an Answer dated November 6, 2019, which is appended as

Exhibit B.

5. Respondenttendered his resignations, dated November 25, 2019, copies of

which are annexed as Exhibit C. Respondent affirms that he will vacate his judicial

offices as of December 1, 2019.

6. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days

from a judge's resignation to complete proceedings and, if it so determines, render and

file a determination that the judge should be removed from office.

7. Respondent affirms that, having vacated his judicial offices, he will neither

seek nor accept judicial office at any time in the future.

8. Respondent understands that, should he abrogate the terms of this Stipulation

and hold any judicial position at any time, the present proceedings before the

Commission will be revived and the matter wiJl proceed to a hearing before a referee.

9. Upon execution of this Stipulation by the signatories below, this Stipulation

will be presented to the Commission with the joint recommendation that the matter be

concluded, by the terms of this Stipulation, without further proceedings.

10. Respondent waives confidentiality as provided by Section 45 of the

Judiciary Law, to the extent that (1) this Stipulation will become public upon being

signed by the signatories below, and (2) the Commission's Decision and Order regarding

this Stipulation will become public.

2
Dated:f#,,-. 25; 2.e>/9
norable .James R. Mann, Jr.
espondent

-D.
~
Steven Sessler, Esq.
Sessler Law PC
Attorney for Respondent

Dated : November 25, 2019


~~~T~n:l~~ ----
Administrator and Counsel to the Commission
(John J. Postel and M.. Kathleen Martin,
Of Counsel)

3
EXHIBIT A
STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding


Pursuant to Section 44, subdivision 4,
of the Judiciary Law in Relation to

JAMES R. MANN, JR., NOTICE OF FORMAL


WRITTEN COMPLAINT
a Justice of the Nunda Town and Village
Courts, Livingston County.

NOTICE is hereby given to Respondent, James R. Mann, Jr. , a Justice of the

Nunda Town and Village Courts, Livingston County, pursuant to Section 44, subdivision

4, of the Judiciary Law, that the State Commission on Judicial Conduct has determined

that cause exists to serve upon Respondent the annexed Formal Written Complaint; and

that, in accordance with said statute, Respondent is requested within twenty (20) days of

the service of the annexed Formal Written Complaint upon him to serve the Commission

at its Rochester office, 400 Andrews Street, Suite 700, Rochester, New York 14604, with

his verified Answer to the specific paragraphs of the Complaint.

Dated: October 10, 2019


New York, New York
ROBERT H. TEMBECKJIAN
Administrator and Counsel
State Commission on Judicial Conduct
61 Broadway
Suite 1200
New York, New York 10006
(646) 386-4800

To: Steven D. Sessler, Esq.


Attorney for Respondent
13 1 Main Street
Geneseo, New York 14454
STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding


Pursuant to Section 44, subdivision 4,
of the Judiciary Law in Relation to FORMAL
WRITTEN COMPLAINT
JAMES R. MANN, JR.,

a Justice of the Nunda Town and Village


Courts, Livingston County.

1. Article 6, Section 22, of the Constitution of the State ofNew York establishes

a Commission on Judicial Conduct ("Commission"), and Section 44, subdivision 4, of the

Judiciary Law empowers the Commission to direct that a Formal Written Complaint be

drawn and served upon a judge.

2. The Commission has directed that a Formal Written Complaint be drawn and

served upon James R. Mann, Jr. ("Respondent"), a Justice of the Nunda Town and

Village Courts, Livingston County.

3. The factual allegations set forth in Charge I state acts of judicial misconduct

by Respondent in violation of the Rules of the Chief Administrator of the Courts

Governing Judicial Conduct ("Rules").

4. He has been a Justice of the Nunda Town Court and a Justice of the Nunda

Village Court, Livingston County, since January 1, 2000. Respondent's current terms as

Justice of the Nunda Town Court and Nunda Village Court expire on December 31 , 2019,

and on March 31 , 2022, respectively. Respondent is not an attorney.


CHARGE I

5. On or about August 19,2016, Respondent lent the prestige of his judicial

office to advance the private interest of James Forrester, his former brother-in-law and a

member of the Nunda Town Board, when he solicited the assistance of Mt. Morris

Village Police Chief Kenneth Mignemi, aborting the arrest of Mr. Forrester for driving

while intoxicated and causing his release without being charged.

Specifications to Charge I

6. Amy Davies is Respondent’s former wife. Thomas Davies is her husband.

Patrice Lowell-Forrester is her sister. James Forrester is her brother-in-law by virtue of

marriage to Ms. Lowell-Forrester.

7. At all times pertinent to the matters herein, Kenneth Mignemi was the Police

Chief, and Katelyn Sanders and David Beers were police officers, in the Village of Mt.

Morris.

8. On or about August 19, 2016, at approximately 8:37 PM, Officer Sanders

stopped a car driven by James Forrester. Ms. Davies, Mr. Davies and Ms. Lowell-

Forrester were passengers in the car. Soon thereafter. Officer Beers arrived.

9. Upon Officer Sanders’ inquiry, Mr. Forrester acknowledged that he had

consumed alcohol that evening.

10. Officer Sanders administered three field sobriety tests to Mr. Forrester: the

gaze nystagmus” test, the “walk and turn” test and the “one-leg stand test. Mr.

Forrester failed all three tests.

2
11. Officer Sanders then administered a prescreen breath test, which indicated

the presence of alcohol in excess of the legal limit, whereupon she placed Mr. Forrester

under arrest.

12. From the scene of the traffic stop, Ms. Davies spoke by cell phone with

Respondent, and from her explanation of what was transpiring, Respondent believed that

Mr. Forrester would be charged with driving while intoxicated.

13. Respondent then called the cell phone of Chief Mignemi, informed him that

one of his officers had stopped Mr. Forrester and had asked him to submit to a sobriety

test. Respondent told Chief Mignemi that Mr. Forrester had consumed "only a couple of

drinks" at a dinner event prior to the traffic stop.

14. Respondent asked Chief Mignemi whether he could reach out to his officer

to see if she could, in sum or substance, "give him [Mr. F arrester] a break."

15. Chief Mignemi understood Respondent's call to be a request for favorable

intervention in Mr. Forrester' s traffic stop.

16. ChiefMignemi thereafter called Officer Sanders and, when at first unable to

reach her, then called Officer David Beers. ChiefMignemi then spoke on the phone with

Officer Sanders, told her he had spoken with Respondent, told her to give Mr. Forrester

"a break" and directed her to release him and have another individual drive his vehicle.

17. Respondent and Ms. Davies thereafter spoke, and Respondent learned that

Ms. Davies did not need a ride and was being driven home by Ms. Lowell-Forrester.

18. By reason of the foregoing, Respondent should be disciplined for cause,

pursuant to Article 6, Section 22, subdivision (a), of the Constitution and Section 44,

3
subdivision 1, of the Judiciary Law, in that Respondent failed to uphold the integrity and

independence of the judiciary by failing to maintain high standards of conduct so that the

integrity and independence of the judiciary would be preserved, in violation of Section

100.1 of the Rules; and failed to avoid impropriety and the appearance of impropriety, in

that he failed to respect and comply with the law and failed to act in a manner that

promotes public confidence in the integrity and impartiality of the judiciary, in violation

of Section 100.2(A) of the Rules, allowed a familial relationship to influence his judicial

conduct, in violation of Section I00.2(B) of the Rules, and lent the prestige of judicial

office to advance the private interest of another, in violation of Section 100.2(C) of the

Rules.

WHEREFORE, by reason of the foregoing, the Commission should take

whatever further action it deems appropriate in accordance with its powers under the

Constitution and the Judiciary Law of the State ofNew York.

Dated: October 10, 2019


New York, New York

ROBERT H. TEMBE
Administrator and Counsel
--
State Commission on Judicial Conduct
61 Broadway
Suite 1200
New York, New York 10006
(646) 386-4800

4
STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding


Pursuant to Section 44, subdivision 4,
of the Judiciary Law in Relation to VERIFICATION

JAMES R. MANN, JR.,

a Justice of the Nunda Town and Village


Courts, Livingston County.

STATE OF NEW YORK )


: ss.:
COUNTY OF NEW YORK )

ROBERT H. TEMBECKJIAN, being duly sworn, deposes and says:

1. I am the Administrator of the State Commission on Judicial Conduct.

2. I have read the foregoing Formal Written Complaint and, upon information

and belief, all matters stated therein are true.

3. The basis for said information and belief is the files and records of the State

Commission on Judicial Conduct.

Sworn to before me this


1o th day of October 2019

r:��� Notary Public


EXHIBIT B
STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Proceeding Pursuant to Section


44, subdivision 4, of the Judiciary Law in Relation to

JAMES R. MANN, JR.


VERIFIED ANSWER
a Justice of the Nunda Town and Village Courts,
Livingston County.

Respondent, James R. Mann, Jr. , by his undersigned attorney, Steven D. Sessler, Esq., answering
the formal written complaint, alleges knowledge as to himself and his own actions and upon information
and belief as to all other matters alleged below as follows:

1. Denies the allegations of paragraphs 5 and 14 of the formal written complaint.

2. Denies knowledge or information sufficient to form a belief as to the truth of the allegations
of paragraphs 1, 2, 3, 5, 9, 10, 11, 15, 16 and 18 of the formal written complaint.

3. Admits the allegations of paragraphs 4, 6, 12, 13 and 17 of the formal written complaint.

4. Denies knowledge or information sufficient to form a belief as to the truth of the allegations
in paragraph 7 of the formal written complaint insofar as they relate to Katelyn Sanders and David Beers,
and otherwise admits the allegations of paragraph 7 of the formal written complaint.

5. Denies knowledge or information sufficient to form a belief as to the truth of the allegations
of paragraph 8 of the formal written complaint insofar as they relate to the time of the approximate vehicle
traffic stop by Officer Sanders and the arrival of Officer Beers, and otherwise admits the allegations of
paragraph 8 of the formal written complaint.

6. Denies each and every other allegation within the formal written complaint not otherwise
controverted herein.
es R. Mann, Jr.
Respondent

--~Sessler Law P.C.


Steven D. Sessler, Esq.,
Attorney for Respondent
131 Main Street, P.O. Box 313
Geneseo, NY 14454
(585) 243-1340

VERIFICATION
STATE OF NEW YORK )
COUNTY OF LIVINGSTON ) :ss:

James R. Mann, Jr. , being duly sworn, deposes and says that deponent is the Respondent in this
action and has read this Verified Answer; deponent knows its content and knows that it is true to
the best of deponent's knowledge, except as to those matters stated to be upon information and
belief, and as to those matters deponent believes them to be true.

Sworn to before me this


le, T7/ day of.October, 2019
- /'Cl#l/~~//4L

Notary Public
STEVEN D SESSLER
Notary Public S1n·,e of New York
No. 02Sf5041 178
Qualifi ed Jn ~ivingston County ~
C0m m1ss1on t:xp1res March 27, 20 ~2
EXHIBIT C
James R. Mann, Jr.
P.O. Box 363
Nunda, New York 14517

November 25, 2019

Supervisor Merilee G. Walker


4 Massachusetts St.
PO Box 699
Nunda, NY 14517

RE: Resignation as Town Justice

Dear Supervisor Walker:

This letter serves to advise you that I resign from my position as Town of Nunda Justice
effective midnight of December 1, 2019.

c/ ~
Yours,

James R. Mann, Jr.


------
xc: Hon. Thomas E. Moran

EE139464489US
James R. Mann, Jr.
P.O. Box 363
Nunda, New York 14517

November 25, 2019

Mayor Jack Morgan


4 Massachusetts St.
PO Box 537
Nunda, NY 14517

RE: Resignation as Village Justice

Dear Mayor Morgan:

This letter serves to advise you that I resign from my position as Village of Nunda Justice
effective midnight of December 1, 2019.

ours,

/"_....¥ ____,~~---···-
,/
/
L___-/ James R. Mann, Jr.

xc: Hon. Thomas E. Moran

Ef:139463761US

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