Judicial Conduct Commission Recommends Admonishing Ossining Judge

The New York State Commission on Judicial Conduct has determined that Benjamin L.F. Leavitt, a Justice of the Ossining Town Court should be admonished.

The Commission found that the judge should be disciplined for trying to influence another judge to be lenient with his mail carrier, who had received parking tickets unrelated to her job.

"More than 40 years ago, the Commission rendered its first censure of a judge who sought lenient treatment for an acquaintance with a traffic ticket," Commission Administrator Robert H. Tembeckjian said in a statement. "By now, every judge should know it is wrong and disciplinable to meddle in a matter pending before another court or agency, or to ask a colleague to go easy on a friend, relative or anyone else, regardless of the nature of the case."

According to the commission, in September 2021, after being approached by his mail carrier, Judge Leavitt sent the following text message to his co-judge:

"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, the commissioners said.

Judge Leavitt, who is an attorney, has been a Justice of the Ossining Town Court since 2020. His current term expires Dec. 31, 2023.

In the proceedings before the Commission, Judge Leavitt represented himself. The Commission was represented by Deputy Administrator Mark Levine, Senior Attorney Vickie Ma and Investigator Christina Partida.

The Commission's determination, dated Sept. 21, 2023, was made public Monday upon completion of statutory notice requirements. A copy of the determination and other documents in the case are available on the Commission’s website: www.cjc.ny.gov.