OSSINING – The New York State Commission on Judicial Conduct has determined that Ossining Town Justice Benjamin L.F. Leavitt, should be admonished for trying to influence another judge to be lenient with his mail carrier, who had received parking tickets unrelated to her job.
In September 2021, after being approached by his letter carrier, who was due in court in connection with various parking violations, Judge Leavitt sent a text message to his co-judge saying, “My mail carrier is on for a parking ticket. I told her I would talk with you. If you could take her postal service into account when deciding whether or not to go lower on the fine than [the village prosecutor] is recommending that would be great.”
The mail carrier appeared before the co-judge the next day and entered into a plea agreement with the village prosecutor. The fines imposed reflected the negotiated agreement. The co-judge was not influenced by Judge Leavitt, according to the commission.
The commission determination stated that Judge Leavitt “violated his ethical obligations when he contacted his co-judge in an attempt to use his influence to assist his mail carrier.” In determining to admonish Judge Leavitt, the commission considered the judge’s unblemished career as a lawyer and a judge, and that he “promptly accepted responsibility for his misconduct.”
Judge Leavitt has been a Justice of the Ossining Town Court since 2020. His current term expires on December 31, 2023.
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