!! 1 STATE OF NEW YORK COMMSSON ON JUDCAL CONDUCT n the Matter of the nvestgaton of Complants! Pursuant to Secton 44, subdvsons and 2,, J of the Judcary Law n Relaton to ' l. JAMES D. LAPANA, STPULATON a Justce of the Mount Morrs Town Court and the Mount Morrs Vllage Court, Lvngston County. ' THE FOLLOWNG S HEREBY STPULATED by and between Robert H. Tembeckjan, Admnstrator and Counsel to the Commsson, and the Honorable James D. LaPana. ' l. James D. LaPana has been a Justce of the Mount Morrs Town Court, Lvngston County. snce January. 2006, and a Justce of the Mount Morrs Vllage ' Court, Lvngston County, snce May 13, 2010. Hs current terms ofoffce expre on December 21, 2018, and Aprl 5, 2019, respectvely.. ' J 2. Judge LaPana was apprsed by the Commsson n June 2017 that t was nvestgatng several Complants allegng that, over a two-year perod begnnng n May 2015,he: A. faled to follow the law when he engaged n extensve ex parte communcaton wth a defendant at arragnment concernng the facts of th L' case and subsequently presded over a non-jury tral n the matter; 11 '
.' B. faled to follow the law when he drected a defendant to enter a local busness to pay resttuton n volaton of an order of protecton; and ': : ; j C. repeatedly exhbted dscourtesy and pther napproprate demeanor, ncludng drectng an otlcer to procure duct tape and thereafter repeatedly threatenng to tape shut a defendant's mouth. 3. Judge LaPana has tendered hs resgnaton as.justce of the Mount Morrs : : Town Court and of the Mount Morrs Vllage Court by letters dated August 2, 2017,! :! addressed to the Chef Admnstrator of the Courts and the Mount Morrs Town and,, Vllage Clerks. Judge LaPana' s resgnatons wll become effectve August 31, 2017.! l ; Copes of the resgnaton letters are annexed as Exhbt A and Exhbt B. 4. Pursuant to Secton 47 of the Judcary Law, the Commsson has 120 days 1 from the date of a judge's resgnaton to complete proceedngs, and f the Commsson determnes that the judge should be removed from offce, fle a determnaton wth the Court of Appeals. 5. Judge LaPana affrms that, after vacatng hs judcal offces, he wll nether seek nor accept judcal offce at any tme n the future. 6. Judge LaPana understands that. should he abrogate the terms of ths Stpulaton and hold any judcal poston at any tme n the future, the Commsson's 1 nvestgaton of the Complants would be revved, he could be served wth a Formal : Wrtten Complant on authorzaton of the Commsson, and the matter would proceed to a hearng before a referee. 2
7. Upon executon of ths Stpulaton by the sgnatores below, ths Stpulaton wll be presented to the Commsson wth the jont recommendaton that the matter be concluded, by the terms of ths Stpulaton. wthout further proceedngs. 8. Judge LaPana waves confdentalty as provded by Secton 45 of the Judcary Law, to the extent that ( 1) ths Stpulaton wll become publc upon beng sgned by the sgnatores below, and (2) the Commsson's Decson and Order regardng. ths Stpulaton wll become publc. Dated: ~'J. }"2,.0l " ~8~LT"~ Robert H. Tembeckjan Admnstrator and Counsel to the Commsson (John J. Postel and Davd M. Duguay, Of Counsel) 1 : 1 1! 1! '. 3
Exhbt A
August 2, 2017 Hon. Lawrence K. Marks NYS Unfed Court System Offce of Court Admnstraton 25 Beaver Street - Room 852 New York, NY 10004 Town Clerk Town of Mount Morrs 103 Man Street Mount Morrs, NY 1451 O Reference: Resgnaton Letter Dear Honorable Sr and Madam Clerk: Please be advsed hereby resgn my poston as Town Justce effectve August 31, 2017. Very q,- truly yours, Hon. James D. LaPana Town Justce
Exhbt B
Vllage Court Vll;:19e of Mounl Morrs 11 7 Man St reel Mounl Morns. New York 1 1 1510 Phom) (585) G58-32,19 FAX: (585) f;sfl-0! 2.S August 2, 2017 Hon. Lawrence K. Marks NYS Unfed Court System Offce of Court Admnstraton 25 Beaver Street - Room 852 New York, NY 10004 Vllage Clerk Vllage of Mount Morrs 117 Man Street Mount Morrs, NY 14510 Reference: Resgnaton Letter Dear Honorable Sr and Madam Clerk: Please be advsed hereby resgn my poston as Vllage Justce effectve August 31, 2017. Very truly yours, ~ Hon. James D. LaPana Vllage Justce