A town court judge in Yates County stepped down after state investigators accused him of bias, courtroom misconduct, and a lack of legal competence.
Todd C. Whitford, a justice of the Jerusalem Town Court, resigned from office this month and agreed never to serve as a judge again, according to the New York State Commission on Judicial Conduct.
The commission said it charged Whitford in September with four counts of judicial misconduct tied to multiple court appearances between 2021 and 2022.
In one case, investigators said Whitford demeaned an alleged domestic violence victim during a preliminary hearing, showed bias against women, expressed disdain for law enforcement, mishandled evidence, and demonstrated a lack of understanding of orders of protection.
The commission also accused Whitford of making inappropriate remarks during a sentencing hearing involving a serious traffic incident, including expressing sympathy for the defendant, questioning the defendant’s culpability, and using vulgar language from the bench.
Additional charges said Whitford mocked and laughed at a prosecutor during a suppression hearing, pressured the attorney to act as a witness, and made derogatory comments about the lawyer’s abilities.
In another case, investigators said Whitford criticized a state law requiring jail time for repeat misdemeanor DWI convictions, calling the statute “disgusting” and “wrong,” and expressed remorse that the defendant was going to jail.
Whitford, who is not an attorney, had served as a Jerusalem Town Court justice since 2018. His term was set to expire at the end of 2026.
He signed a resignation stipulation on Dec. 5, agreeing to vacate office effective Dec. 10 and never seek or accept judicial office in the future. The commission approved that agreement on Dec. 11.
“A judge is required to maintain professional competence in the law, and to act in a fair, unbiased and respectful manner toward all who appear in court,” Commission Administrator Robert H. Tembeckjian said. “Judge Whitford’s resignation, after being charged with misconduct for having failed in all of these areas, is an appropriate resolution to this case.”
The commission said it has accepted 159 permanent resignation stipulations since 2003 as a way to resolve disciplinary cases without full hearings.
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