censured judge nilda horowitz seeks re-election

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Family Court judge censured in '05 seeks re-election A Westchester Family Court judge who was censured five years ago for trying to help friends get favorable outcomes in two cases before her colleagues is running for a second 10-year term on the bench. Judge Nilda Morales Horowitz, a former deputy county attorney who was elected to Family Court in 2000, is among six judicial candidates endorsed by Westchester Democrats. County Republicans have put up five candidates for judge. Horowitz, who is in the New Rochelle bureau of Family Court, was censured in 2005 by the state Commission on Judicial Conduct for her intervention in two 2003 cases pending before her colleagues. In one, Horowitz sought the recusal of Family Court Judge David Klein — who is also running for a second term — from a divorce case involving a close friend of hers who was her child's teacher. In the other, she tried to help a Scarsdale couple win custody of a child by telling Family Court Judge Sandra Edlitz's staff members what nice people her friends were. Edlitz eventually recused herself from that case. The commission found that Horowitz violated several sections of the law governing judicial conduct and gave inaccurate testimony. A censure is considered an official slap on the wrist. "In Family Court cases, there are often opposing parties whose competing interests impact the lives of children," the commission wrote. "When a judge seeks to privately impart favorable information to the judge presiding over a matter, the entire system of justice in Family Court is subverted." County Democratic Party Chairman Reginald LaFayette defended Horowitz, saying she deserved the endorsement as a sitting judge with an overall good track record. "They didn't remove her from the bench," he said. Horowitz's nomination raised questions from some party insiders. Alan Goldston, a Scarsdale attorney, said he was troubled by the censure and concerned that her nomination could hurt the rest of the judicial ticket. Goldston, however, said he didn't oppose Horowitz's being on the ticket, noting the censure wasn't about her rulings from the bench, but her behavior off the bench. "For a serious breach of etiquette, she was publicly humiliated," he said. "It was years ago. We're a county that believes in redemption, aren't we?" The other Democratic candidates for Family Court are Klein, Family Court attorney referee Michelle Schauer, and Hal Greenwald, a Yonkers lawyer who specializes in Family Court cases, such as divorces and child custody. Republicans endorsed Sharon Bell Adamo, an associate county attorney; Patricia O'Callahan, a former deputy county attorney, and Williams Edwards, an acting Family Court judge in White Plains. For county judge, Democrats backed Barry Warhit, a Greenburgh lawyer who was recently appointed to the bench, while Republicans endorsed Mount Vernon lawyer Douglas Martino. County Court judges generally preside over felony criminal cases. Advertisement http://www.lohud.com/apps/pbcs.dll/article?AID=20105270366 http://www.lohud.com/fdcp/?1275180013239 1 of 2 5/29/2010 8:42 PM

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Page 1: CENSURED JUDGE NILDA HOROWITZ SEEKS RE-ELECTION

Family Court judge censuredin '05 seeks re-election

A Westchester Family Court judge who was censuredfive years ago for trying to help friends getfavorable outcomes in two cases before hercolleagues is running for a second 10-year term onthe bench.

Judge Nilda Morales Horowitz, a former deputycounty attorney who was elected to Family Court in2000, is among six judicial candidates endorsed byWestchester Democrats. County Republicans haveput up five candidates for judge.

Horowitz, who is in the New Rochelle bureau ofFamily Court, was censured in 2005 by the state Commission on Judicial Conduct for herintervention in two 2003 cases pending before hercolleagues.

In one, Horowitz sought the recusal of Family CourtJudge David Klein — who is also running for asecond term — from a divorce case involving aclose friend of hers who was her child's teacher. Inthe other, she tried to help a Scarsdale couple wincustody of a child by telling Family Court JudgeSandra Edlitz's staff members what nice people herfriends were. Edlitz eventually recused herself fromthat case.

The commission found that Horowitz violatedseveral sections of the law governing judicialconduct and gave inaccurate testimony. A censure isconsidered an official slap on the wrist.

"In Family Court cases, there are often opposingparties whose competing interests impact the livesof children," the commission wrote. "When a judgeseeks to privately impart favorable information tothe judge presiding over a matter, the entire systemof justice in Family Court is subverted."

County Democratic Party Chairman ReginaldLaFayette defended Horowitz, saying she deservedthe endorsement as a sitting judge with an overallgood track record.

"They didn't remove her from the bench," he said.

Horowitz's nomination raised questions from someparty insiders. Alan Goldston, a Scarsdale attorney,

said he was troubled by the censure and concernedthat her nomination could hurt the rest of thejudicial ticket.

Goldston, however, said he didn't opposeHorowitz's being on the ticket, noting the censurewasn't about her rulings from the bench, but herbehavior off the bench.

"For a serious breach of etiquette, she was publiclyhumiliated," he said. "It was years ago. We're acounty that believes in redemption, aren't we?"

The other Democratic candidates for Family Courtare Klein, Family Court attorney referee MichelleSchauer, and Hal Greenwald, a Yonkers lawyer whospecializes in Family Court cases, such as divorcesand child custody.

Republicans endorsed Sharon Bell Adamo, anassociate county attorney; Patricia O'Callahan, aformer deputy county attorney, and WilliamsEdwards, an acting Family Court judge in WhitePlains.

For county judge, Democrats backed Barry Warhit, aGreenburgh lawyer who was recently appointed tothe bench, while Republicans endorsed MountVernon lawyer Douglas Martino.

County Court judges generally preside over felonycriminal cases.

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Page 2: CENSURED JUDGE NILDA HOROWITZ SEEKS RE-ELECTION

Both parties endorsed incumbent Surrogate CourtJudge Anthony Scarpino for another term. SurrogateCourt handles wills and estates and decidesdisputed claims among family members.

Judges for County, Family and Surrogate court serve10-year terms and receive $136,700 a year.

Courts blog

Read more about the law on Completely Legal: http://completelylegal.LoHudblogs.com.

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