The New York State Commission on Judicial Conduct has determined that Robert J. Muller, a Justice of the Supreme Court, Fourth Judicial District (Warren County), should be censured.
In a determination dated March 28, 2025, and made public today upon completion of statutory notice requirements, the Commission found that the judge should be disciplined for failing to disqualify himself from matters involving attorneys and law firms that hosted fundraisers for his re-election campaign.
Judge Muller agreed to the censure. The Commission’s Administrator would have recommended suspension from office if the Commission had authority to do so.
Judge Muller has been a Justice of the Supreme Court since 2009, and his current term expires on December 31, 2036. However, since he reaches retirement age (70) this year, he must step down on December 31, 2025. Although he would be eligible to seek certification to serve an additional two years, Judge Muller agreed not to do so. He will retire from the bench on December 31.
STATEMENT BY COMMISSION ADMINISTRATOR ROBERT H. TEMBECKJIAN
“Public confidence in the integrity of the courts is compromised when a judge presides over matters involving active financial and political benefactors. Withholding a pertinent advisory opinion that says so only makes matters worse. Had the judge not agreed to retire this year, and had suspension from office been available in law, the result here would surely have been more stringent than censure.”
COUNSEL
Judge Muller was represented by Peter J. Moschetti, Jr.
The Commission was represented by Deputy Administrator Cathleen S. Cenci, Principal Attorney S. Peter Pedrotty and Senior Investigator Laura Misjak.
DOCUMENTS IN THE CASE
Copies of the Commission’s determination and accompanying press release are attached. These and other documents in the case, including the agreed statement of facts, are available on the Commission’s website: www.cjc.ny.gov.
New York State Commission on Judicial Conduct
61 Broadway, Suite 1200 | New York, NY 10006
646-386-4800 (phone) | 518-299-1757 (fax)
cjc@cjc.ny.gov | www.cjc.ny.gov
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