STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT …
Transcript of STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT …
STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT
In the Matter of the Investigation of Complaints Pursuant to Section 44, subdivisions 1 and 2, of the Judiciary Law in Relation to
ELLEN D. FISHKIN,
a Justice of the Head of the Harbor Village Court, Suffolk County.
STIPULATION
THE FOLLOWING IS HEREBY STIPULATED by and between Robert H.
Tembeckjian, Administrator and Counsel to the Commission on Judicial Conduct
("Commission"), and the Honorable Ellen D. Fishkin.
1. Ellen D. Fishkin was admitted to the practice of law in New York in 1992.
She has been a Justice of the Head of the Harbor Village Court, Suffolk County, since
1996. Judge Fishkin's current term expires on April 3, 2023.
2. On April 2, 2021, the Commission apprised Judge Fishkin that it was
investigating complaints alleging that she: (1) shoved or pushed a Suffolk County
Assistant District Attorney ("ADA") outside her courtroom on the evening of March 21,
2019, when court was in session and the courtroom was full oflawyers, litigants, and
others; (2) accused a different Suffolk County ADA of being "anti-Semitic" when the
ADA would not offer a lenient plea to an associate of the judge's husband in a Vehicle
and Traffic Law ("YTL") matter; (3) turned court audio recording equipment on and off
in the middle of court proceedings; ( 4) presided over and took pleas in YTL matters
without an ADA present; (5) locked the court while she traveled to prevent the Associate
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Village Court Justice from presiding over matters in her absence; and (6) exhibited
inappropriate demeanor on the bench and in interactions with Suffolk County ADAs and
other attorneys and litigants. Judge Fishkin was notified by the Commission to appear on
May 6, 2021, to give testimony in connection with the investigation. After the
Commission adjourned the matter due to a scheduling conflict, her appearance to give
testimony was rescheduled to June 14, 2021.
3. On May 11, 2021, the Commission apprised Judge Fishkin of a new matter
that had been brought to its attention concerning an audit of the court's finances by the
Office of the State Comptroller.
4. On May 11, 2021, the Office of Court Administration notified the
Commission that Judge Fishkin vacated judicial office on May 6, 2021. A copy of the
notice to that effect is appended as Exhibit 1.
5. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days
from a judge's resignation to complete proceedings and, if it so determines, render and
file a determination that the judge should be removed from office.
6. Judge Fishkin affirms that, having vacated her judicial office, she will neither
seek nor accept judicial office at any time in the future .
7. Judge Fishkin understands that, should she abrogate the terms of this
Stipulation and hold any judicial position at any time in the future, the Commission's
investigation of the complaints would be revived, she would be served with a Formal
Written Complaint on authorization of the Commission, and the matter would proceed to
a hearing before a referee.
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8. Upon execution of this Stipulation by the signatories below, this Stipulation
will be presented to the Commission with the joint recommendation that the matter be
concluded, by the terms of this Stipulation, without further proceedings.
9. Judge Fishkin waives confidentiality as provided by Section 45 of the
Judiciary Law, to the extent that (I) this Stipulation will become public upon being
signed by the signatories below, and (2) the Commission's Decision and Order regarding
this Stipulation will become public.
Dated:
Dated: Robert H. Tembeckjian Administrator and Counsel to the Commission (Mark Levine and Daniel Davis, Of Counsel)
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May 17, 2021
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~( l\if!:/; Unified Court System ' ,\_.:.'Jf· OFFICE OF COURT ADMINISTRATION
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LAWRENCE K. MARKS (ltl(f A0 1,UUI\T RM l'/f JUOt,(
Robert Tembcckjian. Esq. Administrator & Counsel Commi ss ion on Judicial Conduct 61 Broadway. 12111 Floor New York. NY I 0006
Dear Mr. Tcmbcckjian:
1\tlay 11 , 2021
EXHIBIT 1
ELIZABEl tl A . fiOOKS S?f Cl.",l ,".'>\l'ifM,t
We have been informed that the Honorab le Cllen D. Fi shkin has retired from the position or Village Justice of' I-lead of'thc Harbor Village Court . effective May 6. 202 1.
Very truly yo urs.
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25 BEAVER STREET, NEW YORK, NEW YORK 1000~ • PHONE : 2 12-~28 -2 120 • FA X : 212 -1128 -2 188 • EHOOKS ~ N Y(OURTS .GOV