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    Dixon Maija C Release 2016!06!09

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    Matthew Leonard
    The New York State Commission on Judicial Conduct has determined that Maija C. Dixon, a Judge of the Rochester City Court, Monroe County, should be censured for using her judicial office to advance her own private interests in a dispute with an insurance company.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Dixon Maija C Release 2016!06!09

    Uploaded by

    Matthew Leonard
    216 views6 pages
    The New York State Commission on Judicial Conduct has determined that Maija C. Dixon, a Judge of the Rochester City Court, Monroe County, should be censured for using her judicial office to advance her own private interests in a dispute with an insurance company.

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    The New York State Commission on Judicial Conduct has determined that Maija C. Dixon, a Judge of the Rochester City Court, Monroe County, should be censured for using her judicial office to advance her own private interests in a dispute with an insurance company.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    216 views6 pages

    Dixon Maija C Release 2016!06!09

    Uploaded by

    Matthew Leonard
    The New York State Commission on Judicial Conduct has determined that Maija C. Dixon, a Judge of the Rochester City Court, Monroe County, should be censured for using her judicial office to advance her own private interests in a dispute with an insurance company.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 6

    NEW YORK STATE

    COMMISSION ON JUDICIAL CONDUCT


    ROBERT H. TEMBECKJIAN

    61 BROADWAY, SUITE 1200


    NEW YORK, NEW YORK 10006

    ADMINISTRATOR & COUNSEL

    646-386-4800

    646-458-0037

    TELEPHONE

    FACSIMILE

    MARISA E. HARRISON

    www.cjc.ny.gov

    NEWS RELEASE
    June 9, 2016

    Contacts:

    Robert H. Tembeckjian, Administrator


    (646) 386-4800
    Marisa E. Harrison, Public Records Officer
    (646) 386-4791

    Rochester City Court Judge Should be Censured for


    Asserting Her Judicial Influence in Her Own Lawsuit
    Against an Insurance Company
    The New York State Commission on Judicial Conduct has determined that Maija
    C. Dixon, a Judge of the Rochester City Court, Monroe County, should be
    censured for using her judicial office to advance her own private interests in a
    dispute with an insurance company.
    On two occasions in 2013, in connection with a lawsuit she had brought against
    her insurance company after a car accident, Judge Dixon improperly contacted
    state Supreme Court Justice J. Scott Odorisi, who was presiding over the case.
    First, Judge Dixon telephoned Judge Odorisi at his chambers, was put through
    after identifying herself as a judge to the receptionist, and despite Judge Odorisis
    repeated warnings not to discuss her case, Judge Dixon specifically conveyed her
    concerns about the case and asked him to schedule a conference. 1 Then, a few
    1

    Judge Odorisi promptly and properly notified the attorneys for both sides about Judge Dixons
    call.

    PUBLIC RECORDS OFFICER

    NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

    June 9, 2016
    Page 2

    days later, despite being advised by her attorney that communicating directly with
    Judge Odorisi was ethically impermissible, Judge Dixon sent Judge Odorisi a
    letter containing substantive information about her case, without copying the
    insurance company lawyers. 2
    In its determination the Commission stated: By engaging in such conduct, [Judge
    Dixon] conveyed the appearance not only that she was seeking special
    consideration because of her judicial status, but that she was attempting to
    influence the judge handling her case through prohibited, unauthorized ex parte
    communications. The Commission continued that even absent a specific request
    for special consideration, such conduct is inimical to the role of a judge, who is
    required to observe the highest standards of conduct on and off the bench and is
    prohibited from asserting judicial influence to advance private interests.
    The Commission stated: When a litigant seeks to privately impart favorable
    information about her case to the judge presiding over the matter, the entire system
    of justice is subverted. When the litigant who does so is a judge, in an attempt to
    advance her personal interests in her own case, respect for the judiciary as a whole
    is diminished.
    In determining the appropriate sanction against the judge the Commission noted
    the judges testimony that she acted out of an emotional reaction and now
    recognizes the impropriety of her conduct and understands that her actions in
    contacting the judge handling her case placed that judge in a very bad place.
    Judge Dixon has served as a Judge of the Rochester City Court since 2007. Her
    current term expires on December 31, 2016.
    The Commission Proceedings
    Judge Dixon was served with a Formal Written Complaint dated October 9, 2014,
    containing one charge, and filed an answer dated November 5, 2014. Judge Dixon
    subsequently moved to dismiss the Formal Written Complaint. The Commission
    denied the judges motion in all respects. The Commission rejected an Agreed
    Statement of Facts.
    The Commission designated Robert A. Barrer, Esq., as referee to hear and report
    proposed findings of fact and conclusions of law. A hearing was held on June 24

    Judge Odorisi promptly and properly forwarded the letter, without reading it, to the attorneys for
    both sides.

    NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

    June 9, 2016
    Page 3

    and 25, and July 6, 2015, in Rochester. The referee filed a report dated December
    16, 2015.
    The parties submitted briefs with respect to the referees report and the issue of
    sanctions. The Commissions Administrator recommended that Judge Dixon be
    removed from office, and the judges counsel recommended dismissal of the
    charges or a sanction less than removal. On March 10, 2016, the Commission
    heard oral argument.
    The Commission Determination
    The Commission filed a determination dated May 31, 2016, in which eight
    members concurred: Joseph W. Belluck, Esq. (the Commission Chair), Paul B.
    Harding, Esq. (the Vice Chair), Judge Rolando Acosta, Joel Cohen, Esq., Jodie
    Corngold, Richard D. Emery, Esq., Richard A. Stoloff, Esq., and Judge David A.
    Weinstein.
    Mr. Emery filed a concurring opinion. Mr. Cohen filed a concurring opinion,
    which Judge Weinstein joined.
    Two members, Judge Thomas A. Klonick and Judge Terry Jane Ruderman, 3
    dissented as to the sanction and voted for removal. Judge Klonick filed a
    dissenting opinion, which Judge Ruderman joined.
    There is currently one vacancy on the 11-member Commission.
    Statement by Commission Administrator
    Commission Administrator Robert H. Tembeckjian made the following statement.
    No one should invoke the prestige of judicial office for private gain. While there
    is disagreement over the appropriate sanction in this case, there is no doubt that
    Judge Dixons misconduct was serious and warrants public discipline.
    This case is a study in ethical contrasts. Twice, Judge Dixon acted improperly
    and in the process put another judge at risk. Yet that other judge, J. Scott Odorisi,
    responded responsibly, tried to prevent a colleague from acting unethically and
    acted honorably throughout.
    3

    The vote in this matter was taken on March 10, 2016. Judge Rudermans term as a member of
    the Commission expired on March 31, 2016. Judge Ruderman was replaced by Hon. Sylvia G.
    Ash, who did not participate in this matter.

    NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

    June 9, 2016
    Page 4

    Court of Appeals Review


    The Commission transmitted its determination to the Chief Judge of the Court of
    Appeals, pursuant to Judiciary Law Section 44, subdivision 7. Judge Dixon
    received it on June 6, 2016, and the Commission was subsequently notified by the
    Court of Appeals that service was complete. Consequently, the matter is now
    public.
    A judge may either accept the Commission's determination or, within 30 days
    from receipt, make a written request to the Chief Judge for a review of the
    determination by the Court of Appeals.
    Pursuant to Judiciary Law Section 44, subdivision 7, if Judge Dixon does not
    request review by the Court of Appeals, the Commission will censure her in
    accordance with the determination.
    If a Commission determination is reviewed by the Court of Appeals, the Court
    may accept the determined sanction, impose a different sanction including
    admonition, censure or removal, or impose no sanction.
    Statistics Relating to Prior Determinations
    Since 1978, the Commission has issued 316 determinations of censure against
    judges in New York State. The Commission has issued 169 determinations of
    removal and 261 determinations of admonition.
    The Court of Appeals has reviewed 95 Commission determinations. The Court
    accepted the Commissions sanctions in 79 cases (70 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. One request for review is pending.
    Counsel
    In the proceedings before the Commission, Judge Dixon was represented by
    Lawton W. Squires, of Herzfeld & Rubin, 125 Broad Street, New York, New York
    10004, (212) 471-8494.

    NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

    June 9, 2016
    Page 5

    The Commission was represented by Robert H. Tembeckjian, Administrator and


    Counsel to the Commission; John J. Postel, Deputy Administrator in Charge of the
    Rochester office; and Senior Attorney David M. Duguay. Senior Investigator
    Rebecca Roberts assisted in the investigation.
    Background Information on Judge Dixon
    First took office:
    Year Admitted to NYS Bar:
    Current Term Expires:
    Salary:
    Prior Judicial Office:

    2007
    1996
    December 31, 2016
    $173,700
    None

    Members of the Commission


    The Commission members serve four-year terms. A list of members is appended.
    The Public File
    The determination is attached. The record of the proceedings upon which the
    determination is based is available for inspection by appointment during regular
    business hours at the Commission's three offices:
    61 Broadway
    Suite 1200
    New York, New York 10006

    Corning Tower, Suite 2301


    Empire State Plaza
    Albany, New York 12223

    400 Andrews Street


    Suite 700
    Rochester, New York 14604

    NEW YORK STATE COMMISSION ON JUDICIAL CONDUCT

    June 9, 2016
    Page 6

    MEMBERS OF THE STATE COMMISSION ON JUDICIAL CONDUCT


    Member

    Appointing Authority

    Term End

    Joseph W. Belluck, Esq., Chair

    Governor Andrew M. Cuomo

    March 31, 2020

    Paul B. Harding, Esq., Vice Chair

    Assembly Minority Leader Brian M. Kolb

    March 31, 2017

    Hon. Rolando T. Acosta

    Former Chief Judge Jonathan Lippman

    March 31, 2018

    Hon. Sylvia G. Ash

    Chief Judge Janet DiFiore

    March 31, 2020

    Joel Cohen, Esq.

    Former Assembly Speaker Sheldon Silver

    March 31, 2018

    Jodie Corngold

    Governor Andrew M. Cuomo

    March 31, 2019

    Richard D. Emery, Esq.

    Senate Minority Leader Andrea Stewart-Cousins

    March 31, 2020

    Hon. Thomas A. Klonick

    Former Chief Judge Jonathan Lippman

    March 31, 2017

    Richard A. Stoloff, Esq.

    Former Senate President Pro Tem Dean Skelos

    March 31, 2019

    Hon. David A. Weinstein

    Governor Andrew M. Cuomo

    March 31, 2018

    Vacant

    Governor

    March 31, 2017

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