A July 1 article entitled, "Appellate Justice Is Faulted Over Letter to Parole Board," outlines the case against Fourth Department Justice Nancy Smith for voluntarily writing to the Parole Board in favor of an individual seeking parole. Justice Smith's candid admission of fault was commendable and consistent with her history of judicial excellence as a trial court judge and as a judge in the Second and Fourth departments.
The comments of Robert Tembeckjian, the administrator of the Commission on Judicial Conduct, however, were troublesome. Mr. Tembeckjian seemed to relish the admonition Justice Smith received from the commission, yet she was not accused of seeking personal gain or violating a public trust. She merely sought to assist an individual who clearly committed a wrong but otherwise acted commendably in his personal dealings and who was pursuing a career in the law.
