State commission closes case against Turin judge who resigned after money missing

TURIN — The early resignation of Turin’s town judge was part of a deal with the state Commission on Judicial Conduct to close its case against him.

However, James E. Chase still may face legal action stemming from a roughly $40,000 shortfall in the Town Court account that was discovered last year in a state audit.

“Pursuant to a stipulation dated December 1, 2011, Judge Chase resigned from judicial office and agreed never to be a judge again,” the state commission said Monday in a press release. “On that basis, the proceedings were discontinued and the matter was closed on December 8, 2011.”

The stipulation, reached with Robert H. Tembeckjian, administrator and counsel to the judicial commission, also says that Mr. Chase has notified the Department of Audit and Control at the comptroller’s office about the investigation and has requested an audit of the court.

The Town Council last week accepted Mr. Chase’s resignation, effective Dec. 8, and appointed Carry L. Kubinski, who was elected to the post in November, as his replacement.

Mr. Chase, who has served as town judge since Aug. 1, 1998, did not run for reelection and, thus was to leave office at the end of the month.

The judicial commission in late August served Mr. Chase with a formal written complaint.

Included in the complaint were allegations that he had failed to regularly deposit court funds within 72 hours of receipt, failed to notify the commissioner of motor vehicles to order the suspension of the driver’s licenses of 1,008 defendants who had failed to appear on traffic charges and 320 defendants who had failed to pay more than $54,000 in fines and surcharges and failed to properly administer his court by mishandling court funds. The latter led to the court account having only $3,162 in unencumbered funds on Dec. 31, 2010, to cover a pending disposition of $30,180 in bail, meaning that more than $27,000 was unaccounted for, the report states.

He also was accused of failure to dispose of 276 traffic cases in which defendants had pleaded innocent and to notify the commissioner of motor vehicles of the convictions of 14 traffic law violators, as required.

A state comptroller’s audit report released in August 2010 identified an apparent $37,199 shortfall in the Turin Town Court account from the prior year. The audit, covering the period of Jan. 1, 2008, through Oct. 27, 2009, showed that most of the apparent shortfall stemmed from bail money that had not been accounted for.

While the town must cover any shortfall with the state after closing the former judge’s accounts, the state is expected to return much of it in confiscated bail, and bonding companies likely will cover some of it, Town Supervisor Gerald R. Reed Jr. has said.

At the request of Lewis County District Attorney Leanne K. Moser, the Oneida County district attorney’s office about a year ago agreed to investigate the case for criminal violations. However, that probe, and any possible legal action on the town’s part, were put on hold pending completion of the judicial commission investigation.

Mr. Reed said Monday he is still awaiting paperwork from the judicial commission and will pass that information along to the town’s attorney, Mark G. Gebo, for his review and suggestion on further action in the case.

The town over the past couple of years has taken several steps, including institution of an annual audit of the court account, to fix problems with fiscal oversight and accounting practices, Mr. Reed said.

Mr. Chase’s attorney, Michael F. Young, has declined comment on the case until further issues have been resolved.

The stipulation and a listing of accusations against Mr. Chase has been posted on the judicial commission’s website at www.cjc.ny.gov/Determinations/C/Chase,James.htm.