NY Commission Admonishes Clarkstown Justice

CLARKSTOWN, NY — The New York State Commission on Judicial Conduct has determined that Howard Gerber, a Justice of the Clarkstown Town Court, should be admonished.

He agreed to the admonition.

In a determination dated June 17, and made public Thursday, the Commission found that Judge Gerber should be admonished for making inappropriate comments and failing to disqualify from a matter in which his impartiality could reasonably be questioned.

"Humor has its place, sometimes even in court, but there is no call for a judge to engage in sexual innuendo or make judgmental or juvenile remarks about the way women look or dress," said Commission Administrator Robert H. Tembeckjian. "Nor is it appropriate for a judge to preside over a matter in which he has gratuitously disparaged an essential participant."

Judge Gerber has served as a Justice of the Clarkstown Town Court since 2007. His current term expires on December 31, 2023.

Commission officials said on three occasions between August 2017 and November 2017, Judge Gerber engaged in the following misconduct:

1. He presided over a matter involving the Rockland County Department of Probation despite making disparaging comments about the department, a sex offender treatment specialist and a supervisor.
2. He remarked during a case conference that a defendant’s child was “dressing for attention” by which he meant “for men to look at her;” that the child had worn yoga pants to court; and, referring to the female Assistant District Attorney (ADA), stated “I don’t care what anybody wears...if you wear yoga pants to court, it’s okay with me.” When the ADA did not respond, the judge then said: “Oh, I should not have said that. Are there cameras in here?”
3. He asked if that same ADA and a friend “want[ed] a room” and offered to “turn off the lights,” in an attempt to make an off-color joke.

In accepting the jointly recommended sanction of admonition, the Commission noted that the judge had an “unblemished record” and that he had “acknowledged that his conduct warrants public discipline.”

He was served with a Formal Written Complaint in January. On April 21, the Administrator of the Commission, Judge Gerber and his attorney entered into an Agreed Statement of Facts, stipulating to the facts and sanction and waiving further submissions and oral argument.

The Commission accepted the Agreed Statement on April 30, transmitted its determination to the Chief Judge of the Court of Appeals, and was subsequently notified by the Court of Appeals that service was complete. Consequently, the matter is now public, commission officials said.