Judge should be censured for street brawl, conflict of interest, New York judicial conduct commission says
A New York judge should be censured for engaging in a street brawl with his neighbors and for participating in matters involving an attorney who was buying the judge’s law practice, according to the New York State Commission on Judicial Conduct. (Image from Shutterstock)
A New York judge should be censured for engaging in a street brawl with his neighbors and for participating in matters involving an attorney who was buying the judge’s law practice, according to the New York State Commission on Judicial Conduct.
Judge Mark J. Grisanti may accept the recommendation or seek review by the New York Court of Appeals, the judicial conduct commission said in an April 30 news release.
Grisanti is a judge on the court of claims and is an acting justice for the trial-level supreme court in Erie County, New York.
The street brawl happened in Buffalo, New York, in June 2020, according to findings of fact by the judicial conduct commission. It involved neighbors said to have a history of conflict with others.
The confrontation began after the neighbors parked their cars near Grisanti’s driveway. Grisanti called 911 to request that the cars be ticketed or towed if they weren’t moved.
The physical confrontation started before officers arrived. Grisanti “loudly and repeatedly directed profane language” at the neighbors, according to the commission findings. The neighbors also used such language.
One of the neighbors ripped off Grisanti’s shirt. Injuries sustained by the neighbors were allegedly caused by Grisanti’s wife, one of the neighbors testified in a commission hearing.
After officers arrived, Grisanti’s wife continued to yell profanities at the neighbors, according to the factual findings. When Grisanti’s wife resisted handcuffing, an officer brought the 110-pound woman to the ground.
Grisanti shoved the officer. A second officer restrained Grisanti with a bear hug. Grisanti warned officers that they should not arrest his wife. He said his son and daughter are police officers, and he was good friends with the mayor of Buffalo.
Prosecutors did not file charges against the Grisantis.
The commission majority noted that Grisanti had a 30-year unblemished record as a lawyer and a judge. He was also facing stress at the time of the incident because of the COVID-19 pandemic and the recent deaths of his father-in-law, aunt, other family members and friends.
He was also caring for his ill mother, who died less than a month after the incident. His dog was also undergoing dialysis and died five days after the brawl.
Grisanti sought counseling with a judicial wellness coordinator a month after the incident.
A second ethics charge involved Grisanti’s agreement to sell his law practice before becoming a judge in 2015. Two lawyers agreed to buy Grisanti’s practice for $50,000, with $15,000 down and monthly payments of $730.
Grisanti took judicial action in eight matters involving one of the lawyers during the ongoing financial relationship and within months of its end. The actions included assigning the lawyer as a court evaluator, a guardian ad litem and a referee.
There was no indication that Grisanti engaged in favoritism with the lawyer, the commission said.
Robert H. Tembeckjian, the commission’s administrator, had recommended that the judge be removed from office. Four commission members agreed with that recommendation, but six others voted for censure.
“I hope Judge Grisanti appreciates how close he came to being removed, and that his future conduct will exemplify the integrity and dignity required of his high office,” Tembeckjian said in the press release.
A judge who is censured won’t be able to serve as an acting justice for two years, absent special circumstances, according to the press release.
Law360, the New York Times, WIVB-TV and the New York Post have coverage of the commission recommendation.
Law360 published a statement released Tuesday by Grisanti’s lawyers Terrence M. Connors and Vincent E. Doyle III.
“The multiple-day hearing featured testimony from lawyers, court personnel and other judges that Justice Grisanti is an exemplary judge who is diligent, hardworking and courteous,” the statement said. “Today’s decision concludes that on balance, Justice Grisanti’s conduct during a two-hour period of one day, compared to his excellent record as a judge, does not warrant removal from the bench.”
