Bedford Town Justice Should Be Censured Over 2019 Arrest: SCJC

BEDFORD, NY — A disgraced Westchester County judge who did not seek reelection has agreed with the sanction recommended by the Commission on Judicial Conduct.

The commission ruled Bedford Town Court Justice Erik Jacobsen should be censured for the consequences of excessive drinking and driving. Jacobsen pleaded guilty to DWI. He was also charged with resisting arrest.

Jacobsen agreed to the censure recommendation.

In April 2019, after consuming a number of alcoholic beverages, Jacobsen was pulled over for driving erratically, crossing into the oncoming traffic lane and disobeying street signs, according to the commission findings. When he was asked by the police officer to exit the vehicle, Jacobsen refused and told police that they were “going to have to hurt [him].” He also warned police that they were “making a big mistake.” After being told several times that he would be tased if he did not comply, that is exactly what happened. The judge was tased, removed from the vehicle, placed under arrest and taken to a hospital.

SEE ALSO: Bedford Town Justice Accused Of DWI, Resisting Arrest

Jacobsen’s blood was drawn at the hospital and his blood alcohol concentration (BAC) was .264 percent, more than three times the legal limit, according to the commission's report. He was charged with DWI, resisting arrest, failing to stop while facing a red signal and failure to use a designated lane.

Jacobsen later entered a guilty plea to DWI and other charges were dropped.

"Judges are required to respect and comply with the law. Driving while intoxicated is a serious offense that puts lives at risk," Commission Administrator Robert Tembeckjian said in a statement announcing the panel's decision. "To his credit, Judge Jacobsen did not throw the weight of his office around to avoid the consequences of his behavior, and he took this episode as a ‘wake-up call’ to get help."

Jacobsen told the commission that after his arrest, he sought treatment for the first time to address his grief and depression stemming from the death of his wife.

In censuring the long-serving judge, the commission wrote that the judge has accepted responsibility for his conduct, acknowledged that he should have sought treatment prior to his arrest, and has since engaged in “extensive treatment and rehabilitation.” The board's decision noted that Judge Jacobsen’s term of office expires on December 31, of this year and that he did not seek re-election.

Jacobsen may now either accept the commission's ruling or make a written request to the Chief Judge for a review of the determination by the Court of Appeals.

Since 1978, the commission has issued 339 determinations of censure against judges in New York State. The Commission has issued 175 determinations of removal and 278 determinations of admonition.