The NYS Commission on Judicial Conduct issued a decision dated April 13, that Elmsford Village Justice Carlos Gonzalez be removed from his position on the bench and that he be suspended from the pracitce of law for two years.
In a press release dates April 25, “The New York State Commission on Judicial Conduct has determined that Carlos Gonzalez, a Justice of the Elmsford Village Court, Westchester County, should be removed from office as a result of his misconduct as an attorney, for which he has been suspended from the practice of law for 24 months.
“In April 2021, the Appellate Division, Second Department, suspended Mr. Gonzalez from the practice of law for a period of six months based upon a finding of professional misconduct by the United States District Court for the District of Connecticut, Western Connecticut. Mr. Gonzalez failed to notify the Appellate Division of the Connecticut discipline in a timely manner, in violation of statute.
In December 2021, the Appellate Division again suspended him for engaging in professional misconduct, also finding that he did not accurately describe his disciplinary history to the Attorney Grievance Committee.
“In determining to remove Judge Gonzalez from the bench, the Commission found that he “engaged in a pattern of professional misconduct which involved six separate client matters,” and that his “professional misconduct and his lack of candor demonstrated that he is unfit for judicial office.” Judge Gonzalez has served as a Justice of the Elmsford Village Court since April 2021. His current term expires on March 16, 2025.
Statement by Commission Administrator Commission Administrator Robert H. Tembeckjian made the following statement. “It would be contrary to the public interest and common sense to bar someone
from appearing in court as a lawyer but not from taking the bench and deciding legal issues. Judge Gonzalez compounded his misconduct as an attorney and further undermined his integrity as a judge by being less than candid with the Appellate Division about his disciplinary history.”
On March 17, 2022, the Commission heard oral argument, at which Judge Gonzalez appeared and represented himself. All 11 members of the Commission agreed on the punishment of Gonzalez.
In 45 years, the Commission has ordered the removal of 177 Judges in NY State. Gonzalez joins that list.
Gonzalez was elected Village Justice on April 5, 2021, but was suspended from the practice of law for six months in New York State on May 14, 2021. The decision was reached after misconduct allegations were made against him in his role as private attorney with six different clients.
“[His] professional misconduct and his lack of candor demonstrated that he is unfit for judicial office,” according to the commission’s determination.
Gonzalez argued he should not be removed from his post or disciplined for misconduct that took place before he became a judge. The Commission found that Gonzalez was suspended from the practice of law on two occassions before becoming an Elmsford Justice. Gonzalez also argued that he could still serve as a Town Justice despite being suspended from practicing law because town and village justices are not required to be attorneys.
Questions that remain include was any vetting of Gonzalez done before he ran and was elected to become a Village Justice? And are the decisions that he rendered while serving on the bench at the same time he was suspended from practicing law still valid?
