Courts

After Flouting COVID Vaccination Rules, Judge Yanked From Criminal Cases

Don't mistake this for actual disciplinary action.

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Man refuses to receive the vaccineRemember Poughkeepsie City, New York Judge Frank Mora? The one who refused to comply with the New York State court COVID vaccine mandate (and was denied an exemption to the policy)? Then took it a step further by showing up at the courthouse — he’d been banned, because that’s how mandates work — without a mask. Because of COURSE. Now that there’s been some attention on Mora’s brand of exceptionalism, you’d think there’d be some consequences for his actions, and, well…. kinda? Which, I suppose is the best we can hope for.

Anyway, after the hubbub, a court spokesperson confirmed that Mora will no longer handle arraignments, trials, and evidentiary hearings in criminal cases, since those are handled in person. As reported by Law360:

“The District Administrative Judge is making provisions for other judges to assist with the matters that Judge Mora is unable to handle,” said the spokesperson, Lucian Chalfen. He added that the judge is still allowed to handle criminal case motions and conferences.

“As he is not in compliance with the Chief Judge’s vaccination mandate, he is required to handle cases virtually from home. This limits the type of cases that he can handle,” Chalfen explained. “Since criminal arraignments and criminal trials can not be handled virtually, he will not be permitted to conduct either.”

But don’t mistake this for disciplinary action, as Mora “will assist in the handling of the civil backlog.” Chalfen did note that “the possibility of a referral” to the state commission on judicial conduct — the only body that *can* discipline state judges — for violating the court’s COVID protocols. Which, considering that state court employees who are not judges, are terminated within 10 days of refusing a COVID vaccine/failing to secure an exemption to the policy, seems like some pretty weak sauce.

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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