Holding Elected Officials To a Higher Standard


Drunk West. Judge Tazed by Police

Should elected officials like Bedford Judge Erik Jacobsen be held to a higher standard of conduct?

By Dan Murphy

Beatrice Simpson of Peekskill, one of our newspaper’s loyal readers, wrote us the following letter to the editor following the release of actor Jessie Smollett in Chicago. Smollett received what can only be described as “a slap on the wrist” for concocting an incident in which he was attacked and assaulted for being a gay-African-American by white men wearing “Make America Great Again” hats.

The whole story was Fake News, which cost the use of Chicago police to investigate and Chicago prosecutors to charge Smollett. In the end, Smollett was given a reduced sentence of community service and a fine.

Simpson wrote:

“Mr. Murphy-Rising Media Group:

“I remember reading a story in the Westchester Rising newspaper several years ago in which you wrote that elected officials and celebrities should be held to a higher standard of justice. I agree.

“Our society needs to be made sure that just because you have a title, or won elected office, or are rich or famous, you should still have to face the price of justice if you do wrong or harm to others. I am outraged by the leniency given to actor Jessie Smollett in Chicago. I believe this sends the wrong message to our youth, who will see this as another example where there are two set of standards; one for the famous and rich, and one for the rest of us.

“I believe that just the opposite should have happened to Jessie Smollett and anyone caught betraying the public trust. This includes police officers and elected officials caught stealing or committing crimes. They should be charged with the maximum punishment allowed by the law. I hope you can print my letter in some way or form.”

Thank you, Ms. Simpson, for your letter and for reading our newspaper. I was unable to use your letter until recently, although I do agree with both of your comments. First, I believe it was a mistake to let Smollett off with a drastically reduced charge for what he did. I agree that celebrities, elected officials, and others who are given the responsibility of serving as role models should be held to a higher standard, and if caught doing a crime, they should do the crime.

An incident last month prompted me to print your letter: Bedford Town Justice Erik Jacobsen, 54, was charged with driving under the influence in Mt. Kisco. Police officers received a call of someone driving erratically on the Saw Mill River Parkway just before midnight April 22.

Police officers allegedly spotted Jacobsen in his silver Mercedes and witnessed him exit the Saw Mill Parkway onto Route 133 in Mt. Kisco. They reportedly saw Jacobsen unable to stay in his lane and pulled him over on South Bedford Road. When they approached the car, his speech was slurred and he smelled of alcohol, according to the police report.

In addition to being arrested for drunk driving, Jacobsen is also accused of resisting arrest because he refused to step out of his car, gripping his steering wheel to the point where one officer had to use a Taser to remove him and place him in handcuffs. Jacobsen allegedly continued to grip the steering wheel after being told he was under arrest. Westchester EMS were brought in to remove the stun gun prongs-tazer, and he was taken to Northern Westchester Hospital, according to the police report.

Jacobsen  first appearance in Mt. Kisco Town Court on May 2.

Jacobsen has been suspended with pay and has been indefinitely relieved of his duties as a Bedford town justice, with all pending cases before him now transferred and reassigned to another Bedford town justice.

Lucien Chalfen, a spokesman for the Office of Court Administration, said Jacobsen is  barred from all non-public areas of Bedford Town Court,  and that any further disciplinary action is up to the Town of Bedford. Town Supervisor Chris Burdick said he was advised that the town should continue to pay Jacobsen’s salary, with a retired judge to be brought in to help with the caseload in Bedford Town Court.

Jacobsen was elected a Bedford town justice in 2009, 2013 and 2017. While running for re-election, he posted on social media: “I am very proud to be running for Bedford town justice. I have received the endorsement of the Republican Party, the Independence Party and the Conservative Party and I am most pleased to have such strong support from my wife, Janet, my family, my friends and the community.

“I grew up in Bedford, a graduate of Bedford Elementary and St. Patrick’s Schools. I have strong roots in this community. My wife and I not only both live and work in town, my father has been working in town for 40 years and I opened my practice here 15 years ago.

“You will find my legal experience equally as strong. I have been in the Bedford Court, Mt. Kisco Court, or other local courts practically every Thursday night for the past 15 years and have worked with the Mt. Kisco drug and alcohol counsel for more than 12 years.”

Friends and supporters of Jacobsen also posted on Facebook: “We are heartsick about Erik Jacobsen’s DWI arrest on Easter Sunday. In addition to being a respected judge here in Bedford, he is a friend of many years. As you may know, Erik lost his wife, Janet, just a year ago. He is in our prayers. His friends will stand by him during this difficult time.”

The fact that Jacobsen lost his wife last year certainly should not in any way condone his behavior last month. We wonder what the outcome would have been if another defendant stood before Jacobsen in Bedford Town Court accused of the same behavior – resisting arrest and driving drunk. What would have been the sentence or verdict?

Since his arrest, there has been very little information about Jacobsen, his appearance in Mt. Kisco Court, or his mug shot – which brings us back to the letter from Simpson.

We believe that Jacobsen should be held to the same standards, or dare we say the highest standard allowed under the law, regarding the criminal charges against him.

Anyone driving drunk today – and it appears according to the accounts of the county police that Jacobsen was highly intoxicated – has not listened to, or learned the lessons of the thousands of families and victims of drunk drivers.

It is simply unacceptable to allow a sitting judge to drive drunk on the streets of Westchester. If this were a police officer or an elected official, we would feel the same way. All of these public servants – and famous celebrities like Jessie Smollett – are role models, whether they know it or not.

Judge Jacobsen should be removed from office as a town justice by someone, whoever has the power to do so. And he should be punished to the greatest extent allowed under the criminal code, so the public knows for sure that he has not been given a sweetheart deal.