► Judge Duane Hart of Jamaica, NY; arrogant; Il Duce Wannabee, moron Print E-mail
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Judge Duane Hart of Jamaica, NY arrogant; Il Duce Wannabee, ethical gnome, moron

Judge Duane Hart is a repeat Judicial Misfit in that he’s been disciplined twice by the New York Judicial Commission.
 
In 2005, Judge Duane Hart received a complimentary censure from the Judicial Commission. In March 2008, Judge Duane Hart received yet another complimentary censure from the Commission.
 
It is rumored that in accordance with the “three-strikes-and-you’re-in” policy of the New York State Commission on Judicial Conduct, that when Judge Duane Hart is found guilty of misconduct the next time, his punishment will be an all-paid vacation for him and his family to Tahiti.
 
Judge Duane Hart’s 1st Bite at the Misconduct Tree
 
 
In April 2003, Judge Duane Hart ascended to the bench at 11:30 a.m. to begin a trial. After an hour or so, Judge Duane Hart ordered a recess until the next day because “he had to fix his tire.” The plaintiff, John Modica, then requested a one-day adjournment so that he could attend his son’s soccer game the next day. Duane denied the request.
 
Shortly after court was adjourned, Mr. Modica approached Judge Duane Hart in the courthouse parking lot, hoping to persuade him to grant the adjournment he requested. After Mr. Modica stated, “Excuse me, Your Honor --,” Duane called to the court officer on duty, and told her to arrest Mr. Modica.
 
The officer then called her supervisor who then appeared. Judge Duane Hart told the officers that Mr. Modica was a litigant who had approached his car. The officers asked Duane how he wanted the matter handled. At Judge Duane Hart’s request, Mr. Modica was released with a warning not to approach the judge at any time.
 
The next morning, after Mr. Modica advised his attorney, Mr. Greene about the parking lot incident, he asked to make a record of it. Judge Duane Hart told Mr. Green if he placed the matter on the record, he would hold him in contempt. After conferring with Mr. Modica, Mr. Greene said he had to make a record of the incident to protect himself and his client. Judge Duane Hart again responded that if Mr. Greene made a record, he would hold Mr. Modica in contempt.
 
Before he illegally found Mr. Modica in contempt, Judge Duane Hart did not Mr. Green a warning or an opportunity to make a statement in defense of his conduct as required by Court Rules (FYI: Judge Duane Hart, this is referred to as due process).
           
Judicial Commission Findings
 
First, it ruled that Duane continues to “insist that his actions were appropriate and, indeed, asserted that in similar circumstances he would do the same thing again.”
 
Secondly, it noted with concern Duane’s conflicting testimony (perjury) as to certain matters as well as his tendency to accuse others of misdeeds in order to justify his own behavior. 
 
Duane felt that a “censure” was too severe a punishment and appealed to the State Supreme Court. The “censure” ruling was upheld; however, two judicial misconduct enablers, Judges G.B. Smith and Read dissented. They asserted that he should have only received an “admonishment.” Why not a set of free tires and oil change for his Mercedes?
 
Judge Duane Hart’s 2nd Bite at the Misconduct Tree
 
Is it any surprise that Judge Duane Hart would engage in further judicial misconduct given his arrogant and Il Duce demeanor and attitude?
 
In early 2008, the Judicial Commission found Judge Duane Hart guilty of the following misconduct.
  • Threatening an attorney with contempt
  • Presiding over a case in which he had a relationship with an attorney
  • Deny an attorney’s request to make a record
  • Offering to testify on an attorney’s behalf in a disciplinary matter if the attorney testified for him before the Judicial Commission
In his defense, Judge Duane Hart said that all of the attorneys who testified against him before the Judicial Commission were “liars and thieves.” Sounds rather convenient, right? However, to be fair to Judge Duane Hart, these attorneys may well be liars since their lips were moving when they testified against him, right?
 
How is it possible that a certified loser like Judge Duane Hart is allowed to remain on the bench? This is only further evidence that judges are held to a lower standard of conduct then we are!
 

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