HYDE PARK – The New York Court System’s Advisory Committee on Judicial Ethics has issued its opinion concerning Hyde Park Town Justice Michael Plass, elected to the bench in November 2023. Because of improper and biased campaign promises, Judge Plass cannot apply the law neutrally and impartially in certain matters and is disqualified from presiding over any criminal case as well as a host of other cases that he was presumably elected to do, according to the committee, made up of current and former judges.
The Republican/Conservative Plass, a former police officer, was elected along with incumbent Town Justice Jean McArthur. Because of the committee’s opinion, McArthur has been forced to handle her court calendar while also covering all of the cases Plass is barred from hearing. McArthur is not earning an extra salary for the doubled workload and Plass still earns $44,000 per year despite not having to handle the majority of cases assigned to him.
The recently released opinion says that during the campaign, Plass “pledged to incarcerate offenders, exclude drug dealers from the community, ensure maximum sentencing of repeat offenders, and protect victims of domestic violence, thus effectively promising to aid law enforcement rather than apply the law neutrally and impartially in such matters.” The law clearly states that judicial candidates are not allowed to make those types of pledges. Plass even consulted the committee after literature with his pledges was sent to voters last year. The committee’s opinion is based on Plass’ inquiry.
The committee opinion says that Plass is disqualified during his entire judicial term from presiding over any criminal case, all domestic violence cases, any vehicle and traffic law matters, and any cases in any court involving alleged drug dealers. Plass is even prohibited from signing an order of protection designed to keep a domestic violence victim safe.
Judge Plass did not respond to a request for comment.
The New York Commission on Judicial Conduct will also address the Plass matter after receiving at least one complaint from a member of the public. The commission is the disciplinary body for complaints against any of the 3,500 judges in New York.
