State Censures Ossining Town Justice

UPDATE — Town Justice Michael Tawil is scheduled to be appointed to fill out an unexpired term at the Ossining town board meeting Monday night. At that meeting the board members are also scheduled to accept the resignation of Justice Nancy Quinn-Koba, effective Dec. 31.

OSSINING, NY — The New York State Commission on Judicial Conduct has determined that Michael L. Tawil, a part-time Justice of the Ossining Town Court, Westchester County, should be censured.

In a determination dated Dec. 12 and made public Monday upon completion of statutory notice requirements, the Commission found that Judge Tawil should be censured for invoking his judicial office during a profane confrontation with store owners over a window display of smoking products, and for making an ethnically derogatory remark as an attorney during his summation in a case and then invoking his judicial office when the trial judge upbraided him for it.

Judge Tawil has served as a Justice of the Ossining Town Court since 2012. His current term expires on Dec. 31. He did not run for re-election.

"On or off the bench, a judge’s conduct must embody the integrity and dignity of the judiciary," said Commission Administrator Robert H. Tembeckjian. "A profane rant, a demeaning ethnic remark and gratuitous reminders to people that you are a judge, undermine respect for the bench. To his credit, Judge Tawil accepted responsibility and apologized for his behavior."

In the first incident, Judge Tawil walked into Gracie's Gifts, the gift shop inside Prescriptions Plus on Main Street, and told the store's employees they had to take down a smoking-themed front window display. He evoked his judicial position in an attempt to coerce them.

According to the commission, he said, "What is this bullshit?" referring to the items in the display. He directed the man to "take this shit down," and said that stores in his town should not sell items used for illegal drugs.

When he was told the products were legal and used to smoke tobacco, he replied, "Bullshit, I have never seen anyone smoke tobacco from a crack pipe," and repeated, "Take this shit down."

An Ossining police officer came in and said "hi, Judge" before telling the justice that the items in the store window were legal, according to the commission's findings.

In the second incident, he was acting as an attorney representing a client in court in Brooklyn. According to the commission, he told the jury during closing remarks in a personal injury case that one of the defendants involved in a car accident could have been "frying up some platanos in the front seat."

Brooklyn Supreme Court Justice Genine Edwards was offended and gave him an ultimatum, either settle the case immediately or she would report him to the state Commission on Judicial Conduct.

She didn't, but he, under advice from the ethics commission, reported her for trying to coerce him to settle the case for a specific sum. The commission publicly admonished her over the incident.

They also looked into his remark.

He acknowledged that he inappropriately invoked his judicial office to advance his private interests.

Copies of the Commission’s determination and accompanying press release, as well as the Agreed Statement of Facts between Judge Tawil and Commission Administrator Robert H. Tembeckjian, are also available on the Commission’s website: www.cjc.ny.gov.