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Home > Family Court Judge Faulted for Visiting Youth in Hospital

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Family Court Judge Faulted for Visiting Youth in Hospital

December 28, 2012

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The commission also held that Buchanan was "discourteous" to a lawyer and probation supervisor who appeared before him in 2009 in a person in need of supervision case, at one point yelling so loudly at the supervisor about a report she had filed that his voice could be heard in the hall outside his courtroom.

The commission also noted that Buchanan, while sitting in Chautauqua County Family Court in 2010, issued a decision in a custody and visitation case after "foreclosing" cross-examination and denying attorneys the opportunity to be heard.

The judge "has acknowledged that his actions were inconsistent with the ethical standards and the procedures required by law" and has promised to conduct himself differently in the future, the commission said.

Admonishment was recommended for Buffalo City Court Judge James McLeod after the commission said he convicted a 17-year-old in 2011 of disorderly conduct and sentenced him to 15 days in jail.

 

See Statement of Facts and the Commission's Determination.

After the defendant cursed McLeod, the judge moved to vacate the plea and agreed with the defense attorney that the judge would have to recuse himself.

But the commission said McLeod also traded vulgarities with the defendant. At one point, according to the commission, the teen invited the judge to perform oral sex on him and McLeod replied, "Why don't you pull it out for me?"

When the youth said he would if he were not in handcuffs, McLeod responded, "Probably need a magnifying glass, too."

In another 9-0 determination, the commission said McLeod accepted admonishment as his penalty and took "full responsibility" for losing his composure and engaging in the exchange with the defendant.

"Respondent recognizes that, even when baited by a disrespectful and profane party, a judge must (A) remain patient, dignified and courteous, (B) refrain from and not escalate the disrespect and profanity directed toward the court, and (C) maintain, not participate in undermining, the decorum of the courtroom," the commission wrote.

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