Fulton County Family Court Judge David F. Jung must be removed from office for unlawfully sentencing five individuals to jail, the state Commission on Judicial Conduct ruled in a decision issued this week.
Jung has the option to appeal to the state Court of Appeals, a move that could delay a final decision until late spring, a commission spokesman said.
Jung’s staff referred a reporter today to his attorney, Vincent Capasso Jr., who was unavailable early this afternoon to discuss the case.
At least two complaints were filed with the commission in 2006 after defendants’ lawyers in four cases successfully petitioned under habeas corpus to have their clients released from jail. Jung’s appeals of those habeas corpus decisions were rejected by the higher courts.
In the commission’s decision, the panel said “his continued insistence that his actions were consistent with the law and his insensitivity to the overriding importance of protecting the rights of litigants, as shown by his record, strongly suggest that if he is allowed to continue on the bench we may expect more of the same.”
The commission’s decision said “the conclusion is inescapable that [Jung’s] future retention on the bench would continue to place the rights of litigants in serious jeopardy.”
Categories: -News-, Schenectady County
