We must be tres scrupulous to publicly censure a town justice for: a) giving a ride home to a defendant he had just arraigned; and b) barring a man wearing a sleeveless shirt from his court room.
Looking at (b) first – because easier – we don’t understand why people show up to court so ill-dressed and we have no idea why the judicial conduct commission would censure a judge over this. We recall one time representing a defendant charged with a marijuana offense who came to court wearing a t-shirt with marijuana favorable messages emblazoned on it, and insisted the client go home and don more appropriate attire. Seems to us the judge was well within his prerogatives to make an issue of it, though maybe he should have given the opportunity to explain. But either way, it doesn’t strike us as something worthy of an investigation, to say nothing of a censure.
Moving to (a), so what? He gives the guy a ride home after arraigning him on some petty charge. They didn’t discuss the man’s case. Not the best judgment, we suppose, but a censure?
Here’s a clue as to what might be happening. The Commission notes that the town justice should have “offered” to recuse. To whom was this offer to have been made? The prosecutor.
Who do you think brought the complaint against the judge? The prosecutor, we’d guess.
Lesson learned. If you’re a judge, don’t cross the prosecutor.
System dysfunction continues unabated.