ALLEGANY, NY -- The New York State Commission on Judicial Conduct has determined that Allegany Town Court Justice David F. Porter should be admonished for failing to disqualify himself from three criminal cases arising from a boundary dispute involving his neighbor’s daughter -- after having discussed the matter in his home with the neighbor a few months earlier.
The decision, dated Nov. 13, was released Tuesday.
“It undermines confidence in the court’s impartiality when a judge presides over a matter despite having prior, private, substantive conversations about it with an interested party,” Commission Administrator Robert H. Tembeckjian said. “To his credit, Judge Porter acknowledges his error and pledges to avoid such conduct in the future.”
Porter, who is not an attorney, has served as a Justice of the Allegany Town Court since 2006. His term expires on Dec. 31, 2021.