By Robert Gavin | Times Union, Albany
Albany, N.Y. — The state’s watchdog panel for judges on Thursday censured a town justice in western New York for expletive-laced remarks on Facebook, including a post where she voiced her appreciation for the derriere of a Marine ambling down a street in Batavia.
Jennifer Nunnery, an attorney since January 2015 and justice in the Genesee County town of Darien since January 2020, used “profane, demeaning and otherwise inappropriate language,” according to the state’s Commission on Judicial Conduct. The panel’s determination said Nunnery “revealed having engaged in offensive and otherwise inappropriate behavior, both on matters related and unrelated to her role in the legal system.”
Nunnery, 40, received the second-most-stringent punishment from the commission, which can impose the lesser penalty of a public admonishment and ultimate discipline of removing a judge from the bench.
“Her conduct brought reproach upon the judiciary,” the determination said. “In accepting the jointly recommended sanction of censure, we have taken into consideration that (Nunnery) has acknowledged that her conduct was improper and warrants public discipline, that she was a relatively new judge at the time of the misconduct. … We trust that (the judge) has learned from this experience.”
Nunnery, whose term expires at the end of the year, had no immediate comment when reached Thursday.
At some point after Nunnery became a justice, she went on Facebook and announced her approval of the Marine’s backside. It was one of a number of instances in which she displayed a penchant for profanity-filled posts, the determination showed.
“Driving down the mean streets of Batavia after tanning and thought I recognized the ass of one of my favorite marines walking through the Tops parking lot lol,” Nunnery stated. “It’s been too long! Good to see ya, ya f___ing boot!”
On Christmas Eve 2020, Nunnery posted on Facebook: “F__ No …. the…
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