Editorial
Judge's Removal Shows No One Is Above The Law

Last Tuesday, Queens Supreme Court Justice Laura D. Blackburne was removed from the bench by a decision of five of the seven justices sitting on the New York Court of Appeals. Blackburne's removal, a severe penalty for what some have maintained was a single incident in an otherwise blameless career as a jurist,was precipitated by her decision two years ago to aid a robbery suspect in evading arrest. Though some have called the decision a sad day for the judicial branch of the government of New York state we salute the Court of Appeals for recognizing that Blackburne's decision, as a spokesman for Governor George Pataki declared, "exceeded all bounds of acceptable judicial conduct".

Blackburne was presiding over Queens Treatment Court, in which some individuals found guilty of drug offenses are sentenced to treatment, rather than incarceration. Derek Sterling, a defendant undergoing court-ordered treatment at a residential drug treatment program, appeared before Blackburne. New York City Police Detective Leonard Devlin told Blackburne's court officer, Sergeant Richard Peterson, that he wanted to question Sterling in connection with a robbery. Devlin waited outside the courtroom for the proceeding before Blackburne to conclude. Peterson, meanwhile, informed the judge that Devlin was present and wanted to question Sterling.

Though she later changed her mind, Blackburne's initial reaction was outrage at Devlin's "ruse". She told Peterson to show Sterling out a secure rear exit so he could elude the police officer. Peterson thus found himself between a rock and a hard place: worried that he would get in trouble if he disregarded Blackburne's instructions and fearful that he would be guilty of obstructing justice if he did as he was told. He consulted with an assistant district attorney, who agreed it would be inappropriate to help Sterling evade arrest and told both Peterson and Blackburne so.

Blackburne's response was to declare that if Peterson did not take Sterling out the back stairwell, she would. Peterson, concerned at that point for the judge's safety, reluctantly showed Sterling out. Sterling was arrested the next day at the drug treatment program. He was charged with assault and robbery-charges that were later dismissed.

After an investigation and a hearing before a referee, Blackburne was found guilty of misconduct. The state Commission on Judicial Conduct voted 82 for removal, with two dissenting commission members maintaining that censure was a more appropriate penalty for a first-time offense. Blackburne appealed. For the Court of Appeals, the sole issue was whether her first-time misconduct was so serious as to warrant the harshest available penalty. As was the case with the commission, the majority opinion prevailed, with two dissenters. Judge George Bundy Smith and Judge Robert S. Smith argued that Blackburne was being treated more harshly than other jurists, some of whom had committed more serious offenses. They expressed concern over removing a judge for a single incident of poor judgment.

Blackburne could and probably did argue that no real harm came from her actions. However, the possibility existed for serious consequences. The charges against Sterling were dropped, either from lack of evidence or because another person might have been found to have committed the crimes. He appears to have returned to his drug treatment program without further incident. However, other people out on bail, probation or parole have been known to commit other crimes. Blackburne took a chance. That there were no further repercussions was in no way attributable to her.

Nassau State Supreme Court Justice F. Dana Winslow, president of the state Association of Justices of the Supreme Court, said, he believes the decision could have "a chilling effect on the conduct of judges throughout the state". We beg to differ. The Court of Appeals decision can only serve to remind everyone in the judicial and law enforcement systems of New York state that no one-not defendants, not prosecutors, not cops, not judges-is above the law.