Press Release/NEW YORK STATE
COMMISSION ON JUDICIAL CONDUCT
Joseph Nowakowski, a Justice of the Bethany Town Court, Genesee County, resigned while under investigation by the New York State Commission on Judicial Conduct.
In February 2024, the Commission apprised Judge Nowakowski that it was investigating a complaint alleging that he had sexually harassed a court clerk, and that after the clerk told him to stop sending her inappropriate text messages unrelated to court business, the judge retaliated by seeking to have her employment with the court terminated.
Judge Nowakowski resigned from office on June 1, 2024, and agreed never to seek or accept judicial office at any time in the future. The Commission accepted a stipulation to that effect signed by the judge, his attorney and the Commission’s Administrator.
(The Stipulation was signed on June 4, 2024. The Commission issued an order accepting it on
June 13, 2024.)
Judge Nowakowski waived the statutory provision of confidentiality applicable to Commission proceedings, to the limited extent that the stipulation and Commission’s order accepting it would be public.
Judge Nowakowski, who is not an attorney, has been a Justice of the Bethany Town Court since 2022. His current term would have expired on December 31, 2025.
The stipulation and the Commission’s order can be found on the Commission’s
website: www.cjc.ny.gov.
Statement by Commission Administrator
Commission Administrator Robert H. Tembeckjian made the following statement.
“There is no place for sexual harassment in the courts, particularly among the
judiciary, who must set and exemplify the highest standards of conduct for all to
emulate. The Commission considers such matters seriously and takes action as
appropriate and necessary.”
Statistics Relating to Prior Commission Decisions
The Commission has accepted 135 such permanent resignation stipulations since
the procedure was instituted in 2003.
Since 1978, the Commission has also issued 283 determinations of admonition
against judges in New York State, 351 determinations of censure and 183
determinations of removal.
The Court of Appeals has reviewed 102 Commission determinations. The Court
accepted the Commission’s sanctions in 86 cases (77 of which were removals, six
were censures and three were admonitions). Of the remaining 16 cases, two
sanctions were increased from censure to removal, and 13 were reduced: nine
removal determinations were modified to censure, one removal was modified to
admonition, two censures were modified to admonition, and one censure was
rejected and the charges dismissed. The Court remitted one matter to the
Commission for further proceedings.
Counsel
Judge Nowakowski was represented by Daniel M. Killelea, of Gilmour & Killelea,
LLP, 11198 Alexander Road, Attica, New York 14011, (585) 937-8987.
The Commission was represented by Deputy Administrator John J. Postel, Senior
Attorney David M. Duguay, and Senior Investigator Betsy Sampson.
Background Information on Judge Nowakowski
First took office: 2022
Current term expires: December 31, 2025
Members of the Commission
The Commission members serve four-year terms. A list of members is noted
below.
The Public File
The stipulation and order are attached.
MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT
Member Appointing Authority Term End
Joseph W. Belluck, Esq., Chair Governor Kathy Hochul March 31, 2028
Taa Grays, Esq., Vice Chair Senate President Pro Tem Andrea Stewart-Cousins March 31, 2027
Hon. Fernando M. Camacho Chief Judge Rowan Wilson March 31, 2028
Brian C. Doyle, Esq. Senate Minority Leader Robert G. Ortt March 31, 2028
Hon. John A. Falk Former Chief Judge Janet DiFiore March 31, 2025
Hon. Robert J. Miller Governor Kathy Hochul March 31, 2026
Nina M. Moore, Ph.D. Governor Kathy Hochul March 31, 2027
Marvin Ray Raskin, Esq. Assembly Speaker Carl E. Heastie March 31, 2026
Graham B. Seiter, Esq. Assembly Minority Leader William A. Barclay March 31, 2025
Hon. Anil C. Singh Chief Judge Rowan Wilson March 31, 2026
Akosua Garcia Yeboah Former Governor Andrew M. Cuomo March 31, 202