The head of the state's Commission on Judicial Conduct is disputing the Office of Court Administration's explanation that allowed an acting state Supreme Court justice to stay on the bench 10 months after an admonishment should have demoted him.

According to Robert Tembeckjian, the commission's administrator and counsel, a dozen top officials at the OCA—including Chief Administrative Judge Lawrence Marks and public information officials—are directly emailed whenever the commission censures, admonishes or seeks removal of a judge.

The process, which has been in place for years, should have meant OCA officials were aware that former Acting Brooklyn Supreme Court Justice Michael Gary was admonished in October 2016 and should be sent down to municipal court.