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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.
Exhibit B.
which are annexed as Exhibit C. Respondent affirms that he will vacate his judicial
6. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days
7. Respondent affirms that, having vacated his judicial offices, he will neither
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.
will be presented to the Commission with the joint recommendation that the matter be
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
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Dated:f#,,-. 25; 2.e>/9
norable .James R. Mann, Jr.
espondent
-D.
~
Steven Sessler, Esq.
Sessler Law PC
Attorney for Respondent
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EXHIBIT A
STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT
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
1. Article 6, Section 22, of the Constitution of the State ofNew York establishes
Judiciary Law empowers the Commission to direct that a Formal Written Complaint be
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
3. The factual allegations set forth in Charge I state acts of judicial misconduct
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,
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
Specifications to Charge I
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.
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.
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.
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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
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
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."
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.
pursuant to Article 6, Section 22, subdivision (a), of the Constitution and Section 44,
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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
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.
whatever further action it deems appropriate in accordance with its powers under the
ROBERT H. TEMBE
Administrator and Counsel
--
State Commission on Judicial Conduct
61 Broadway
Suite 1200
New York, New York 10006
(646) 386-4800
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STATE OF NEW YORK
COMMISSION ON JUDICIAL CONDUCT
2. I have read the foregoing Formal Written Complaint and, upon information
3. The basis for said information and belief is the files and records of the State
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:
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
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.
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
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,
EE139464489US
James R. Mann, Jr.
P.O. Box 363
Nunda, New York 14517
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.
Ef:139463761US