Tuesday, February 19, 2019

Law and Luddites

An email I received recently made reference to a decision handed down by the New York State Commission on Judicial Conduct.  I don't normally read these decisions; they have no application to my practice.  But somehow this one struck a chord.     

It seems that a town court justice resigned while under formal charges for failing to fulfill various judicial, administrative and financial responsibilities.  This is a reported case, and for those of you who really care, you can look up the details.  I will leave the judge unnamed because there is no need to embarrass him anymore than he has already been embarrassed.   

The Commission cites three charges, but lists four.  Of interest to me are the failure of the judge to monitor his official court email account or respond to emails received by that account for more than three years, AND failing for at least one year to activate or utilize a computer and software provided to him by the Office of Court Administration for the purpose of facilitating the issues raised in the first two counts.     

The judge at issue was admitted to the bar in 1977 and took office in 1990.  In all honesty, he probably did not have a background with computers and their use.  His unfamiliarity with computers in conjunction with his age made their use intimidating.  Besides, the old way probably worked well for him.     

Times have changed.  My cellphone has more memory and computing power than my first three computers- COMBINED.  It is now incumbent upon all of us to "keep up with the times."  I'm sure that I've caused some consternation because I like to mail letters to counsel and the court rather than email or e-file.  I keep copies of my document saved on my computer and on a separate hard drive.  But I also print out a copy- just in case.  I also have my own anxiety issues over correspondence, no matter how it is transmitted.  Which makes me sympathetic to this judge.  But it doesn't change the underlying fact that I must keep up with the times and do a better job- lest I end up before disciplinary poo-bahs in PA.

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