Judiciary

New York judge plans to retire after facing allegations of misconduct

gavel on hook

A New York judge who was under investigation for allegedly engaging in discourteous behavior and other alleged misconduct has decided to step down from the bench. (Photo illustration by Sara Wadford/ABA Journal/Shutterstock)

A New York judge who was under investigation for allegedly engaging in discourteous behavior and other alleged misconduct has decided to step down from the bench.

The New York State Commission on Judicial Conduct announced Monday that Judge Jeffrey M. Zimmerman, a judge of the New York City Criminal Court and acting justice of the Bronx County Supreme Court, will resign April 3. He also agreed to never seek or accept another judicial position.

According to the commission, Zimmerman was served with a formal written complaint in January alleging that he interfered in the attorney-client relationship between a defendant and an attorney while presiding over criminal cases. The commission said he “repeatedly disparaged the defendant’s attorney and appeared to prejudge the defendant’s guilt.”

The New York State Commission on Judicial Conduct also said it was investigating Zimmerman for speaking privately to a jury and appearing to criticize its verdict; disparaging a fellow judge with whom he disagreed; and failing “to be patient, dignified and courteous” to attorneys in his court.

Zimmerman agreed to resign, rather than file an answer to the formal written complaint in February, the commission said.

Law.com has additional coverage of the decision.

“Judges are obliged to be patient, dignified and courteous with all whom they see in their professional capacity and to afford all litigants and their lawyers the opportunity to be heard,” said commission administrator Robert H. Tembeckjian in a statement. “They must also refrain from praising or criticizing a jury for its verdict. Judge Zimmerman’s permanent resignation from the bench resolves this matter.”

The New York State Commission on Judicial Conduct said Zimmerman has no prior disciplinary history, and he apologized for his conduct.

Deborah A. Scalise, a principal at Scalise & Hamilton in Scarsdale, New York, who represents Zimmerman, told Law.com that he “fully cooperated with the commission’s investigation.” She added that the investigation “ended with no findings of wrongdoing.”

Zimmerman, who was admitted to practice in 1985, began serving in the civil court in 2018 and the criminal court in 2019. The commission said his current term would have expired Dec. 31, 2028.