State commission determines Herkimer County justice should be removed from office

The New York State Commission on Judicial Misconduct has determined Thomas Rathbun, a justice for the Salisbury Town Court in Herkimer County, should be removed for multiple acts of misconduct.

The commission lists the following acts as grounds for its determination:

• Failed to complete mandatory Continuing Judicial Education credits in 2022, resulting in his cases being reassigned to another judge
• Failed to file required monthly reports with the state comptroller, resulting in his salary being stopped
• Failed to adjudicate an eviction proceeding for 11 months
• Displayed a statue featuring a Confederate flag on his desk which, when the door was open, was visible from the courtroom
• Posted inappropriate political commentary on his public Facebook page, including several demeaning political memes, support of then-presidential candidate Mitt Romney, and apparent support for the Confederacy
• Failed to cooperate with the commission’s investigation by not responding to its letters of inquiry

Rathbun, who is not an attorney, has served as a Justice of the Salisbury Town Court since 2002.  His current term expires on December 31, 2025.

“The wide range of misconduct committed by Judge Rathbun, plus his failure to respond to the commission’s inquiries or answer the formal disciplinary charges against him, demonstrate a disregard for his ethical responsibilities and compel his removal from judicial office,” Commission Administrator Robert Tembeckjian said in a statement.

This article originally appeared on Observer-Dispatch: State commission determines Herkimer County justice should be removed from office