Judge Should Be Removed for Retaliating Against Woman Who Complained About Him: Commision Rules

POUGHKEEPSIE, NY — The New York State Commission on Judicial Conduct has found that Frank M. Mora, a judge of the Poughkeepsie City Court, should be removed from office.

The commission determined that the judge retaliated against the manager of an eye doctor's office after she complained to the commission that he had refused to follow office safety protocols and then refused to leave until the police were called.

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Judge Mora filed a $425,000 lawsuit against her for defamation, knowing the Commission was investigating the manager's complaint against him, according to the findings,

In December 2021, Judge Mora accompanied his child to an appointment at a local ophthalmologist's office, where for over 30 minutes, with more than a dozen people in the waiting room, he repeatedly declined staff requests to follow their COVID-19 policy that all patients and visitors wear face masks or to leave the premises. He only left after the office manager twice called the police.

After the office manager complained about Mora's behavior, the Commission commenced an investigation and asked the judge to explain himself. Several months later, he filed a defamation lawsuit against the office manager.

The lawsuit was dismissed, and Mora was found liable for costs and attorney's fees, ultimately agreeing to pay $20,000 and apologizing to the office manager.

The Commission found that Mora was wrong for refusing to leave the eye center when asked, and for retaliating against the manager who complained about him. The commission's determination found the conduct egregious enough to take the rare step of recommending that he be removed from his position.

"It cannot be overstated that retaliating against an individual who made a complaint to the Commission is particularly serious misconduct because it undermines the New York State judicial disciplinary process. The integrity and effectiveness of that process is critical to public confidence in the judiciary," the commission said in its ruling.

Mora has served as a Judge of the Poughkeepsie City Court since 2011. His current term expires on December 31, 2030.

After a removal determination is rendered, it is the court's practice to suspend the judge, with pay. The judge has 30 days to request full review of the commission's determination by the NYS Court of Appeals. Should the judge request review of the Commission's removal determination, the court's practice is to continue the suspension while the review is pending.

"A judge must act at all times in a manner that promotes public confidence in the integrity of the judiciary," Commission Administrator Robert H. Tembeckjian said in a statement. "It is inimical to the role of a judge to seek vengeance rather than justice in court. By suing a woman for hundreds of thousands of dollars for simply having filed a disciplinary complaint against him, Judge Mora escalated what might have been an admonition for churlish behavior at a medical office into removal from the bench for a shocking act of retaliation."