New York Chief Justice Janet DiFiore faced a state ethics investigation when she announced Monday that she is leaving her post at the end of August, according to a report.
The investigation by the state Commission on Judicial Conduct is looking into whether DiFiore improperly interfered in a disciplinary hearing for the president of the state judicial officers association, Law 360 reported, citing documents and a person familiar with the matter.
Dennis Quirk, a leader of the court clerks union and a critic of DiFiore, faced punishment for threatening to publish copies of an old newspaper story about an alleged affair DiFiore had in courthouses across the state.
Last August, DiFiore wrote a letter to Quirk’s hearing officer, Phyllis Orlikoff Flug, asking that Quirk be punished, arguing that he “shows no remorse,” Law 360 reports.
“These patent realities require that you use all means at your disposal to address this incident and prevent future wrongdoing by the defendant,” she wrote.
Flug told Law 360 that she forwarded the letter to the Judicial Conduct Commission shortly after receiving it and was told by the commission’s general counsel that it would be investigated.
Judicial ethics prevent judges from using their titles to influence a proceeding for personal gain, according to Act 360.
On Monday, DiFiore announced he was stepping down, touting his record of more than six years in the position. She was appointed by former Governor Andrew Cuomo in 2016.
A person familiar with the investigation confirmed that DiFiore was under state investigation when she made her announcement, although state court spokesman Lucian Chalfen told Law 360 that her resignation was unrelated to the investigation.
Quirk, asked for comment by Law 360 about DiFiore’s investigation, said “she should know better as a judge.”
Quirk faced a disciplinary hearing after a story in The Post reported that DiFiore had ordered an “independent review of the New York State judiciary’s response to matters related to institutional racism” after a complaint was filed about Quirk’s alleged conduct against black judicial officers, under Act 360.
DiFiore wrote a letter to the hearing officer asking that Dennis Quirk, president of the New York State Court, be punished. AP/Mike Groll Quirk faced punishment for threatening to publish copies of a newspaper article about an alleged affair DiFiore had.Staff-Shot
He then emailed DiFiore and said he would respond to the “false rumors,” according to documents in a related state court dispute over DiFiore’s possible testimony in the disciplinary hearing, the legal authority said.
“Let’s [sic] see [how] you like the online articles about your relationship with an organized crime cop while you were married posted everywhere in every courthouse in New York,” he said, according to court documents.
The email was then referred for potential disciplinary action.
Gov. Kathy Hochul will have to appoint a new chief justice, prompting speculation that the Court of Appeals may shift to the left politically.
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