I Google Searched Judge Michael D'Amico
This is the information I found: SHAME ON YOU JUDGE!! In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law, in Relation to
MICHAEL L. D'AMICO,
a Judge of the County Court, Erie County.
THE COMMISSION:
Henry T. Berger, Esq., Chair
Helaine M. Barnett, Esq.
E. Garrett Cleary, Esq.
Stephen R. Coffey, Esq.
Mary Ann Crotty
Lawrence S. Goldman, Esq.
Honorable Daniel F. Luciano
Honorable Juanita Bing Newton
Honorable Eugene W. Salisbury
Barry C. Sample
Honorable William C. Thompson
APPEARANCES:
Gerald Stern for the Commission
Connors & Vilardo (By Terrence M. Connors) for Respondent
The respondent, Michael L. D'Amico, a judge of the County Court, Erie County, was served with a Formal Written Complaint dated December 21, 1995, alleging that he was arrested and that he mentioned his judicial office to police. Respondent did not answer the Formal Written Complaint.
On December 30, 1995, the administrator of the Commission, respondent and respondent's counsel entered into an agreed statement of facts pursuant to Judiciary Law Section 44.5, waiving the hearing provided by Judiciary Law Section 44.4, stipulating that the Commission make its determination based upon the agreed upon facts, jointly recommending that respondent be admonished and waiving further submissions and oral argument.
On January 11, 1996, the Commission approved the agreed statement and made the following determination.
1. Respondent has been a judge of the Erie County Court since January 1, 1987.
2. On June 14, 1994, at about 8:15 P.M., respondent entered the Island Park in Amherst in order to determine whether it had suitable facilities for a family picnic.
3. Respondent stepped off a roadway into some bushes and, while standing next to a large tree, raised the shorts that he was wearing and exposed his penis.
4. As he was leaving the park, he was arrested by two Amherst police officers, one of whom had observed him in the bushes. Respondent asked why he was being arrested and told the officers that he was an Erie County Court judge. He had not been asked about his occupation.
5. Respondent was taken to police headquarters by two other police officers. En route, he advised those officers that he was an Erie County Court judge, even though he had not been asked about his occupation.
6. At the police station, respondent spoke to a lieutenant and stated that his arrest would be devastating because of his judicial position.
7. On July 6, 1994, respondent pleaded guilty in the Amherst Town Court to Disorderly Conduct and was fined $100, plus a $45 mandatory state surcharge.
Upon the foregoing findings of fact, the Commission concludes as a matter of law that respondent violated the Rules Governing Judicial Conduct then in effect, 22 NYCRR 100.1 and 100.2a, and Canons 1 and 2A of the Code of Judicial Conduct. Charge I of the Formal Written Complaint is sustained, and respondent's misconduct is established.
"A Judge must conduct his everyday affairs in a manner beyond reproach. Any conduct, on or off the Bench, inconsistent with proper judicial demeanor subjects the judiciary as a whole to disrespect and impairs the usefulness of the individual Judge to carry out his or her constitutionally mandated function." (Matter of Kuehnel v State Commission on Judicial Conduct, 49 NY2d 465, 469; see also, Matter of Quinn v State Commission on Judicial Conduct, 54 NY2d 386). A judge is "governed by exacting standards of honor and propriety" and is obligated to act at all times with "respect for the letter and spirit of the law." (Matter of Backal v State Commission on Judicial Conduct, ___NY2d___, ___ (unreported, No. 283, Nov. 30, 1995).
Not only did respondent plead guilty to Disorderly Conduct following his arrest, respondent's repeated references to his judicial position during his arrest constituted an obvious attempt to gain special consideration. Such conduct by a judge is wrong, even in the absence of a specific request for a favor (see, Matter of Edwards v State Commission on Judicial Conduct, 67 NY2d 153, 155) and even though there was no threat or other abuse of the police (see, Matter of Henderson, 1995 Ann Report of NY Commn on Jud Conduct, at 118).
By reason of the foregoing, the Commission determines that the appropriate sanction is admonition.
Mr. Berger, Ms. Barnett, Mr. Cleary, Mr. Coffey, Ms. Crotty, Mr. Goldman, Judge Newton, Judge Salisbury and Judge Thompson concur.
Mr. Sample was not present.
Judge Luciano was not a member of the Commission when the vote in this matter was taken.
Dated: March 21, 1996
Here are some cases that Judge Michael D'Amico recently ruled on as he sentenced me to 4 weekends in jail, a day care operator who had a small family day care, De's Delights(read my complete story in this blogs headline: The NYS Office of Children & Family Services Goes After the Next of Kin) I was maliciously prosecuted and falsely convicted for falsifying business records to the amount of $2,400. 1.) A city of Tonawanda, NY man was spared jail time and sentenced only to 5 years probation & restitution for stealing more than $70,000.
2.) A Nursing Home Embezzler avoids jail from the Upstate New York Area who was found guilty of grand larceny in the amount of $13, 402. She was only given probation & restitution! It also was agreed upon that she could make restitution for $3,568, because the courts believed that was all she could afford!!
Who does this Judge think he is? GOD! Judge D'Amico needs to think hard and carefully about the individuals that stand in front of him everyday. They are all human beings and so is he. After Judge Michael D'Amico's arrest, why is he currently allowed to sit on the bench playing GOD? Maybe he should have been given some time in jail. Is this justice????? |
JUDGE D'AMICO: JUDGE MICHAEL D'AMICO'S RULINGS DISHONORABLY EXHIBIT FAVORITISM AND BIAS: AMERICA YOU BE THE JUDGE
"I ASK THE PUBLIC TO BE THE JUDGE"
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