Legal Opinion · Dissent

In re Blackburne

New York Court of Appeals

Decided June 13, 2006Published

1DissentG.B. Smith, J.

I agree with the Commissioners who dissented from the decision to remove Justice Laura Blackburne from the bench and voted for censure. I thus dissent from the ruling of the majority.

Commissioner Coffey stated:

“The decision reached by the majority in this mat*222ter is unprecedented and I believe unwarranted. The mistake made by the respondent, while wrong and while sanctionable, was in all respects a classic case of an error of judgment, which we as a Commission historically have been very cautious in criticizing. For a single error of judgment, in the absence of a breach of trust, to result in…

2Cases cited8 opinions

  1. In re ReedyNew York Court of Appeals · 1985
  2. In re CerboneNew York Court of Appeals · 1984
  3. In re LevineNew York Court of Appeals · 1989
  4. Matter of SkinnerNew York Court of Appeals · 1997
  5. Matter of Scacchetti v. State Comm'n on Judicial ConductNew York Court of Appeals · 1982

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