Judiciary
‘Stay out of my shorts,’ other discourteous comments led to censure for New York judge
A New York judge who didn’t want to transition to new case-tracking systems has agreed to a censure for gratuitous and discourteous remarks that he made while expressing his displeasure to colleagues and to officials who transferred him to a new court. (Image from Shutterstock)
Updated: A New York judge who didn’t want to transition to new case-tracking systems has agreed to a censure for gratuitous and discourteous remarks that he made while expressing his displeasure to colleagues and to officials who transferred him to a new court.
The remarks by Judge Daniel L. Seiden of the Binghamton City Court in New York contributed to a hostile work environment, according to an April 8 press release by the New York State Commission on Judicial Conduct.
Seiden raised his voice and told the chief clerk and the deputy chief clerk to “stay out of my shorts” when they came to his office in April 2023 to discuss a change to a check-box case-history system, according to a March 28 determination and an agreed statement of facts signed in February.
Seiden said the “stay out of my shorts” comment was intended to convey “stay out of my business as a judge.”
Then when the administrative judge announced that the court was going to implement a new web-based case-filing system, Seiden declared in an email that he will always ask the clerks for physical files when he is on the bench.
Seiden emailed senior court officials in October 2024 after he was told of his reassignment.
“The game that you are playing, using an administrative trick to de facto remove me from my elected position for your own nefarious purposes, is a dangerous one: trying to get in the back door what you will probably never get through the front door, all the while depriving the citizens of Binghamton of their elected official while brazenly violating several state statutes,” he wrote.
He also said the officials’ “arrogance is breathtaking,” they “are utterly out of control and intoxicated by power and privilege,” and they used “administrative sleight of hand.”
During the ethics proceeding, Seiden was “cooperative and contrite,” according to the statement of facts. He has also completed civility training.
Seiden apologized to the clerks and judges for his “unprofessional remarks” and “appreciates that an apology to them at the time would have been appropriate,” the statement of facts said.
Robert H. Tembeckjian, the judicial conduct commission’s administrator, said in a statement judges must be patient, dignified and courteous.
“Petulant quarreling with colleagues is neither productive nor conducive to the administration of justice,” Tembeckjian said.
In a separate action, Seiden sought to be transferred back to the Binghamton City Court. The court to which he was reassigned is 45 miles from his residence, and his transfer there was arbitrary and capricious, he argued in a Jan. 7 mandamus petition that is pending in the Appellate Division’s Third Judicial Department of the New York Supreme Court.
The petition said Seiden’s statement to “stay out of my shorts” was misinterpreted as sexual in nature and may have been used to justify the July 23, 2024, transfer order, which was made without notice and without explanation. The same day that he received the order, he was escorted from the Binghamton City Court premises “in full view” of his colleagues, the petition said.
The petition also referenced “a corrosive culture in Binghamton City Court” because of the marriage of two officials that is “perhaps not technically nepotistic or illegal.”
A Feb. 25 letter indicated that the parties were in settlement negotiations.
Seiden declined the ABA Journal’s request for comment but informed the Journal in an email that he is scheduled to resume regular duties in the Binghamton City Court on April 28, and he is still working in the Cortland City Court in New York.
His judicial term expires in 2034, but he will have to retire at the end of 2028 because he turns 70 years old that year.
Hat tip to the Legal Profession Blog, which noted the censure.
Updated April 11 at 11:04 a.m. after Judge Daniel L. Seiden declined to comment and provided his return-to-office date. Updated April 11 at 2:29 p.m. to include information on Seiden’s mandamus petition.
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