In re Doyle

17 N.E.3d 1127, 23 N.Y.3d 656
CourtNew York Court of Appeals
DecidedJune 26, 2014
StatusPublished
Cited by392 cases

This text of 17 N.E.3d 1127 (In re Doyle) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Doyle, 17 N.E.3d 1127, 23 N.Y.3d 656 (N.Y. 2014).

Opinions

OPINION OF THE COURT

Per Curiam.

Petitioner, the Albany County Surrogate, seeks review of a determination of the Commission on Judicial Conduct which sustained three charges of misconduct against her and directed that she be removed from office (see NY Const, art VI, § 22; Judiciary Law § 44). We agree with the findings of misconduct and uphold the sanction of removal.

In September 2012, petitioner was served with a formal written complaint alleging three charges of judicial misconduct based on her failure to disqualify herself from matters involving her close friend and personal attorney Thomas J. Spargo, her campaign manager Matthew J. Kelly and a second personal attorney William J. Cade. In each charge, petitioner was alleged to have violated sections 100.1; 100.2 (A) and (C) and 100.3 (E) (1) and (F) of the Rules Governing Judicial Conduct (22 NYCRR).

Thomas Spargo is a former Supreme Court Justice who was removed from office by the Commission in 2006 based on the active solicitation of contributions for his legal fund from attorneys who appeared before him. The fund, referred to as the “Spargo trust,” had been established to help pay for legal expenses Spargo incurred in his federal litigation challenging the constitutionality of certain provisions of the Code of Judicial Conduct and seeking to enjoin the Commission from proceeding against him (see Spargo v New York State Commn. on Jud. Conduct, 351 F3d 65 [2d Cir 2003]).

Petitioner is the godmother to Spargo’s son and Spargo had been a good friend of hers for approximately 40 years. Indeed, petitioner had expressed that Spargo was “as close as a friend can get.” He was also a frequent visitor to petitioner’s chambers. In addition, Spargo served as her personal attorney. He represented petitioner in a personal injury action commenced in March 2008 and a tax certiorari proceeding com[659]*659menced in July 2008, both of which remained pending at the time of his disbarment in December 2009.

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Cite This Page — Counsel Stack

Bluebook (online)
17 N.E.3d 1127, 23 N.Y.3d 656, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-doyle-ny-2014.