The State Commission on Judicial Conduct is recommending censure of a Town of Darien Justice in connection with social media posts attributed to her that used foul language and contained sexual innuendo, with some of the content being associated with her role in the legal system.
Justice Jennifer R. Nunnery has the option of requesting a review of the commission's determination, which was submitted to the Court of Appeals on Aug. 23. If Nunnery does not request a review within 30 days, the commission will censure her in accordance with the determination.
A censure is a formal reprimand. It does not otherwise affect Nunnery's standing as a lawyer or a judge.
Nunnery was admitted to the bar in 2015 and became a town justice in January 2020.
She is accused of making inappropriate social media posts between December 2020 through April 2021. She apparently made changes to her behavior on social media and deleted the problematic posts after being counseled by a supervisor.
Among the social media comments cited by the commission:
The commission states that the third of those posts received 57 reactions and 31 comments before Nunnery removed it in April 2021.
During this time frame, Nunnery reportedly also posted two responses to a re-shared seven-year-old post. Nunnery is accused of making comments about being hungover, using profanity, and in a separate comment, she recalled drawing a picture of male anatomy on the face of a person she apparently knew who was passed out on a plane.
She is also accused of liking posts regarding the candidacy of a person running for city judge in Buffalo, Carrie Phillips, and of a candidate for school board in Alexander, Lindsay Bessey.
In the commission's view, these likes, which could be seen by most members of the public, gave the appearance of a judge endorsing candidates for office, which is prohibited conduct.
In a press statement, Commission Administrator Robert H. Tembeckjian said, “Judges are obliged, on and off the bench, to uphold the integrity and dignity of judicial office and to avoid partisan political activity. While those constraints apply regardless of the forum, a judge should be especially careful when communicating on social media, which can compound the impropriety of an inappropriate message by spreading it far and wide.”
In the determination report, the commission states that Nunnery said she was unaware that her "likes" of posts were visible to the wider public. The commission also states that Nunnery was aware of the privacy setting options available on social media posts.
"Respondent now appreciates that the integrity of the judiciary is undermined when a judge publicly posts puerile and explicit content," the commission stated, adding that she also now understands the appearance of endorsing candidates through "likes."
"The Rules require judges to maintain high standards of conduct and to 'act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary," the commission stated. "The Rules also prohibit judges from engaging in extra-judicial activities which 'detract from the dignity of judicial office.' Respondent violated these rules when she made inappropriate and undignified public posts and comments on Facebook, some of which referenced her role as an attorney in the legal system."
The commission continued, "It is well-settled that judges are held to a higher standard of conduct than the general public. 'The ethical standards require a judge to avoid extra-judicial conduct that casts doubt on the judge’s impartiality . . . or detracts from the dignity of judicial office . . . Upon assuming the bench, a judge surrenders certain rights and must refrain from certain conduct that may be permissible for others.'"
And quoted the rules on judicial conduct, "[e]very judge must understand that a judge's right to speak publicly is limited because of the important responsibilities a judge has in dispensing justice, maintaining impartiality and acting at all times in a manner that promotes public confidence in the judge's integrity.”
Nunnery, a Batavia native and Batavia High School graduate, was named a Woman of Distinction by the YWCA in 2016. The press release announcing the award states she was in the Army Military Police Corp and was deployed to Iraq in 2003 and 2006. She was honored for her work with veterans and for sharing her own experience with PTSD.
She attended GCC and later obtained a bachelor’s degree in Political Science at Brockport State College and pursued law at University at Buffalo Law School.
At the time, she had a law office in downtown Batavia. She volunteered as a veteran mentor at the Batavia Veterans Treatment Court in City Court. She was also an advisor on the GCC Paralegal Advisory Committee and for the Alexander High School’s Mock Trial Team.
