Courts

Judge Refuses COVID Vaccine, Gets Banned From Courthouse... Shows Up Anyway, Without A Mask

But don't hold your breath waiting for actual consequences.

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Covid-19 vaccination record card with syringe and vialListen, I know, our website is called Above the Law. So maybe you’d think I’d be eager to make the “so-and-so thinks they’re above the law” references. But they feel cheap and easy. And yet… and yet, sometimes, it’s too perfect. Like a judge who refuses to be vaccinated against COVID-19, fails to receive an exemption from the court’s policy requiring inoculation, is banned from appearing in-person at the courthouse, repeatedly goes to the courthouse he’s been banned from, and goes to the courthouse WITHOUT A MASK. Yeah. That guy just thinks he’s above the law.

Poughkeepsie City, New York Court Judge Frank M. Mora is the judge in question. As reported by Law360, he’s been spotted flouting a bunch of the court’s COVID protocols.

After refusing to be inoculated and failing to win an exemption this month, Judge Mora was ordered to stay home and preside over his cases remotely. But he returned to the courthouse on an almost daily basis, donning only a face shield, according to two people who work in the building and an attorney who saw him.

State court policy is that masks are mandatory in courthouses. Face shields do little to protect against COVID-19, according to the U.S. Centers for Disease Control and Prevention.

According to Law360’s reporting, Mora was even seen at the courthouse barefaced, without even the face shield.

State courts spokesman Lucian Chalfen wouldn’t comment on Mora’s actions specifically, but did, generally, say such behavior would be a violation of policy:

“It’s a violation of our policy. You’re not supposed to be there,” said state courts spokesman Lucian Chalfen, speaking broadly about the policy for unvaccinated judges denied an exemption. “They are not allowed into the courthouse, into their chambers, or any other nonpublic area.”

Other, non-judicial state court employees who refuse to be vaccinated and do not receive an exemption have 10 days to comply or face termination. But judges get treated with kid gloves:

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It is unclear what consequences, if any, await Judge Mora for his actions. Only the New York State Commission on Judicial Conduct is empowered to discipline a state judge, and its investigations usually take more than a year while judges remain on the bench, often drawing six-figure salaries. State records show Judge Mora collected a nearly $190,000 salary in 2021.

Chalfen said “there are repercussions” for judges who flout the administration’s orders, but did not provide specifics.

This might be exactly why Mora thinks he’s, sigh, above the law.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).

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