-
Colonie court notified that judge will leave 40 days earlier than required by stipulation with commission
-
Green agrees not to run for elected office again
This story was updated Saturday, May 3 to include an interview with Judge David Green.
By MEREDITH SAVITT and JOHN MCINTYRE
COLONIE—Town Court Justice David Green will retire May 19, settling misconduct charges currently under investigation by the New York State Commission on Judicial Conduct, which handles allegations involving state judges.
Green has already conceded to the commission that he will not seek election or accept another judicial office again, according to a signed stipulation the commission accepted Thursday, May 1.
His current term was set to expire at the end of this year. Green, who has served as town justice since March 2021, did not receive an endorsement from the Democratic Party for this November’s election; one of the two reasons he would later admit for his resignation.
While his resignation letter—dated April 2 and included in the stipulation resolving the pending charges—stated that he would step down from the New York State Unified Court System Office of Court Administration on June 30, Colonie Town Court Chief Clerk Mary Falace reported that the Chief Administrative Judge has informed the court that Green will now vacate the bench on Monday, May 19.
Neither the town court, the town supervisor, nor the town clerk has received an updated resignation letter.
In his resignation letter, Green stated that he “decided to retire from the bench” and was providing notice as required by law, but gave no reason for the decision. In a subsequent interview with Spotlight News, he cited two reasons: he was not endorsed by the Democratic Party and he wanted to spend more time with his family.
In addition to serving as a part-time town justice, Green is also a licensed attorney, a role that restricts his legal practice in local courts. For example, as a sitting judge, he is prohibited from appearing before another part-time judge in Albany County. This scenario is one of five original complaints the commission was investigating.
The Charges
Spotlight News obtained a confidential letter from the Commission to Judge Green, dated January 10, which detailed the complaints under investigation and set a date for Green’s testimony. Attached to the letter were copies of these complaints and a March 2024 document from the Watervliet City court clerk. This court document listed 23 civil cases pending between April 2022 and March 12, 2024, where Green was the attorney of record.
Green admitted to appearing in Watervliet court 23 times in an interview with Spotlight News on Friday; however, he said did not realize he was barred from doing so. He thought there would not be a conflict because the judge was a lawyer who represented a municipality and would likely not appear before him.
As set forth in the April stipulation, the original five complaints under investigation allege the following, according to the stipulation and complaint:
1) When representing a petitioner in court, behaved in an undignified and unprofessional manner to a litigant and counsel;
2) appeared as an attorney in Watervliet City Court, before another part-time judge who is permitted to practice law notwithstanding the prohibition on part-time/lawyers-judges appearing before each other in the counties where they serve;
3) allowed his law assistant to prepare pleadings for attorney T. Padric Moore, who subsequently represented clients of Green in three matters in Colonie Town Court;
4) as an attorney acted hostilely and rudely towards a pro se litigant; and
5) while presiding over proceedings in Colonie Town Court in March 2024 proceeding, he solicited assistant district attorneys appearing before him to help a family member obtain an internship in the district attorney’s office, engaged an unrepresented defendant in a discussion about the case’s merits during a hearing to determine whether the defendant could proceed pro see and made coercive and otherwise inappropriate comments to certain defendants, indicating he had pre-judged their guilt.
In March, the commission notified Green that a sixth complaint had been added to the investigation, alleging that he engaged in partisan political activity, including soliciting voters to change their party affiliations.
Although Green could have appealed the Commission’s determination, he opted for a settlement.
“My time, rather than fighting it, is better spent with my family or my law practice. I stand by my innocence,” Green said.
Green said that the reason for moving up the resignation date from June to May 19 was because his son has a soccer tournament in Maryland the following weekend.
“Part-time judges who are authorized to practice law must avoid the impression that their judicial status gives them undue advantage when representing clients,” Commission Administrator Robert Tembeckjian stated in a written statement shared Friday, May 2. “For example, they may not appear as lawyers in their own county before other part-time judges who practice law, and a judge’s law clients cannot appear in the judge’s own court,” Tembeckjian said.
The Court Administrator concluded that Green’s resignation resolves the issues against him. However, the Commission can revive its investigation should he violate the terms of the agreement.
“Of the five aforementioned parts (of the complaint), four of them have nothing to do with me as a judge, and the fifth is subjective items that the judiciary committee selected,” Green said.
“There was such a high level of scrutiny (by the Committee) that they are going to get what they want to get.”
Background
The facts surrounding the third complaint being investigated by the State Commission on Judicial Conduct became public during an Article 78 proceeding filed in Albany County Supreme Court by local real estate attorney T. Padric Moore. Moore challenged the Colonie Town Court clerk’s refusal to accept legal papers he had attempted to file.
Although Moore ultimately prevailed in November 2024, the ethics inquiry surrounding Green proceeded separately. The court’s ruling was narrowly focused on the clerk’s refusal to accept filings, finding that the rejection was not justified under one of five exceptions outlined in state law. The judge did not address any of the ethical concerns raised regarding Green. The court directed the Town Court to accept Moore’s previously rejected filings and permit him to file other matters going forward.
According to a post-hearing brief submitted by the Town in the Moore matter, the filings were initially rejected due to concerns about a “potential strawman issue,” alleging that Green may have brought his own eviction cases before the court using Moore as an intermediary.
Green had been representing a landlord in legal matters when a tenant of that landlord appeared before the court in an eviction proceeding. The tenant testified that Green had negotiated with her about forgiving past-due rent and had promised the eviction would be withdrawn.
The tenant further testified that Green contacted her multiple times by phone and email regarding the eviction. She said Green told her that attorney Moore would not evict her, despite not knowing who Moore was. Additional testimony during the hearing from Colonie Town Court Chief Clerk Mary Falace revealed that the format and font of documents Moore filed matched those previously used by Green in eviction cases before he became a judge.
In its post-hearing brief, the town stated that Green “readily testified that he negotiated with [the] Tenant regarding past due rent and the withdrawal of Tenant’s eviction proceeding, all while such proceeding was pending on the court’s docket.” Senior Town Justice and Court Administrator Andrew Sommers testified that during a meeting on an unrelated matter, Green told him that Moore sometimes covered cases on his behalf.
At the time, the Town was aware that the Commission was investigating Green.
Green said in the Friday interview that of the three cases that his law firm assistant prepared for Moore that were brought before Colonie Town Court judges, only one was before him.
“My co-judges started this with a claim that turned out to be baseless. They did not do due diligence, and only one of those cases was in front of me, and I didn’t recognize the LLC because I represent so many in my private practice,” he said.
The town board will appoint a new judge to serve out the balance of Green’s term until an election can be held in November.
“This is not a blow to my wallet or my ego; this started with a baseless claim and turned into administrative complaints. The proof is that no litigant filed complaints, yet here we are,” Green said. “I am proud of my time as town justice and appreciate and cherish the relationships I gained.”
