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Judge David Green sent updated resignation
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Police notified of ban and order by OCA
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Town board will have to appoint new judge on Thursday
COLONIE – On the same day the Town of Colonie was officially notified that Town Judge David Green moved his resignation up by 40 days, an order from the State Deputy Chief Administrative Judge banned Green from the court and removed him from all cases before him, “effective immediately.”
The order moves the timeline up for the town board to appoint a replacement and it is expected to do it at Thursday’s meeting. The town board appointment of a new judge will fill the remainder of Green’s term until an election is held in November.
Green resigned as part of a settlement with the New York State Commission on Judicial Conduct, which has been investigating him for alleged misconduct. Green was originally going to resign June 30, but he notified the NY Chief Administrative Judge that he was moving it to May 19. According to the town, they were not notified until Tuesday, May 6 that he intended to leave the bench early.
According to a stipulation accepted by the commission, Green has agreed not to seek election or hold any other judicial office in the future. His current term was set to expire at the end of 2025.
On May 6, the Colonie Town Court received an order from the Office of the Deputy Chief Administrative Judge that was sent to all three Town Justices; Andrew Sommers, David Green and Ryan Caponera. Spotlight News received a copy of the order through a FOIL request.
The order stated that effective immediately all judicial matters currently pending before Green be reassigned to Sommers and Caponera and no additional judicial matters shall be assigned to Green.
It also said “the Honorable David R. Green shall be barred from all access to the Town Court Offices of the Town of Colonie and shall have no access to any Court files. These directives shall remain in effect until further Order of the Deputy Chief Administrative Judge.”
Colonie Police Chief James Gerace confirmed that he was notified of the Green’s restriction yesterday.
The investigation by the commission stemmed from several complaints, including allegations that Green behaved unprofessionally in court, improperly appeared as an attorney in Watervliet City Court, and had his law assistant prepare pleadings for another attorney who then represented Green’s clients in Colonie Town Court. There were also accusations that Green acted inappropriately toward a self-represented litigant and solicited assistant district attorneys for a family member’s internship.
Green, while maintaining his innocence, stated that he chose to settle the charges to spend more time with his family and focus on his law practice. He said the decision to resign earlier than initially planned was due to a conflict with his son’s soccer tournament.
The investigation into Green’s conduct became public in part due to a legal challenge brought by attorney T. Padric Moore, who successfully sued the Colonie Town Court for refusing to accept his filings. That case revealed concerns about Green’s potential improper involvement in eviction cases and his relationship with Moore.
Green’s replacement
With this latest court order, the town board would have to appoint a new Judge at its meeting tomorrow or hold a special meeting. Green’s normal schedule put him back on duty on May 19.
With three town judges, each judge covers a seven-day period in a three-week cycle. Green’s last cycle ended on Monday.
Colonie Town Supervisor Peter Crummey said that the board wasn’t planning to act until June because of Green’s original resignation notice.
