ROCHESTER, N.Y. – The Monroe County Bar Association is defending the silence of a city court judge who has come under fire by county and city leaders for his actions on the bench.
For weeks, the News10NBC Investigative Team has been reporting on Rochester City Court Judge Michael Lopez. The judge has been quickly overruling bail decisions set by other judges, in some cases with no request to do so, to the ire of police, the mayor and the Monroe County executive who filed a formal complaint against him with the state commission that oversees judges.
Each time News10NBC has reported on this story, Investigative Reporter Jennifer Lewke has reached out to Judge Michael Lopez and his clerk consistently says, “he will have no comment.” The State Office of Court Administration has also responded to say, “The UCA has no comment.”
“When a judge is asked for comment, they are ethically prohibited from commenting,” says Timothy Lyster, President-elect of the Monroe County Bar Association. Judges are ethically prohibited from commenting about pending cases to ensure their impartiality.
Jennifer Lewke (News10NBC): “At the heart of the issue in this case is more about how the courtroom/calendar is being run not about a specific case so, there is a distinction there.”
Timothy Lyster: “We’re not speaking to any particular issue whether it’s how a courtroom is run or otherwise, what we’re speaking to is letting the public know that imparting any significance to a judge’s silence, that’s inappropriate.”
And it seems that’s the only point the bar association is willing to make about this.
Jennifer Lewke: “You are challenged to uphold the legal system and make sure it’s operating in a way that is fair to everyone, do you have concerns that a judge would be making any decisions without a motion from an attorney to do so?”
Timothy Lyster: “So, the bar association’s role is not to speak to an individual circumstance like that.”
Jennifer Lewke: “Generally, as a practice, you’re an attorney, have you ever seen a judge make decisions without you asking him to do so?”
Timothy Lyster: “So, I’m here, on behalf of the bar association, my role is not to speak to my particular experience as an attorney but the bar association’s role is to educate the public and one of the issues that we provide education on is the importance of judicial independence.”
Lewke wondered if the education the bar is trying to provide goes beyond this interview, if the association has reached out to the county executive, the mayor, the leaders who have publicly criticized Judge Lopez’s actions.
Timothy Lyster: “We’re not reaching out to individual people because it’s not, the statement is not targeted to an individual person, it’s general education.”
Jennifer Lewke: “I’ve been telling the audience what he told me, in any of those instances Judge Lopez could have said, “I can’t comment because ethically, I don’t feel that’s appropriate” but he did not say that. So, does the education reach to the judges too so they can better help the public understand what they can and cannot comment on and why?”
Timothy Lyster: “So, the only people we are trying to educate are the public generally, not you, not any individual reporter or individual person, we’re providing general education.
Jennifer Lewke: “So, if I don’t like what happens in the courtroom or I think something looks odd or isn’t being handled correctly; whether I’m the defendant, the plaintiff whoever, a member of the public.. what is the right process to take?
Timothy Lyster: “So, there’s opportunities for review of decisions, appeals of decisions, there is opportunity to file a complaint against a judge. We ask the public to defer to those processes, let those investigations or analysis play out in terms of those processes.”
County Executive Adam Bello filed a formal complaint against Judge Lopez with the State Commission on Judicial Conduct. The commission does not comment on complaints or pending investigations. If it decides in some way to punish Judge Lopez, that punishment will be public but typically the commission’s investigations take months. News10NBC will continue to follow the story and keep you posted on any developments.
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Monroe County Bar Association defends city court judge’s silence amid criticism from county and city leaders WHEC.com.
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