Schuyler County Judge set to resign while under investigation for attending Jan 6. rally

MONTOUR FALLS, N.Y. ( WETM ) — A Village of Montour Falls Town Court Justice is set to resign after being told he was under investigation for his attendance at the January 6, 2021 rally in Washington, D.C., a stipulation document revealed.

Donald R. Spaccio, a justice with the Montour Falls Village Court since 2001 and a justice with Montour Town Court since 2005, announced his resignation on Sept. 9, after a letter was sent to him in April notifying him that he was under investigation for several instances, a release from the New York State Commission on Judicial Conduct said.

The documents state that the NYS Commission on Judicial Conduct informed Spaccio that he was being investigated on complaints claiming he did the following.

• Shouted at police and invoked his judicial office when officers asked him to remove a propane cannon from the roof of his building.
• Attended the political rally in Washington, D.C. on January 6, 2021, notwithstanding the prohibition on judicial participation in political activities outside of a ‘Window Period’ when a judge or judicial candidate is running for election.
• Yelled profanities at the Town of Montour Code Enforcement Officer during a dispute.

Spaccio’s employment as a justice in Schuyler County is the reason for concern since the commission states the following under the Prohibited Political Activity section on the commission’s website .

“Except for the Window Period in Which they are actually running for judicial office, or when exercising a fundamental democratic right such as voting in an election, judges may not engage in political activity.”

The release said that in Spaccio’s resignation letter, he will leave the judicial office on October 7, 2024. The release added that the commission can continue with legal proceedings against a judge who resigned.

Spaccio affirmed with the commission that he will not seek or accept judicial office at any time in the future.

Before his resignation, Spaccio’s term was expected to end on December 31, 2025.

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