Peekskill City Court Judge Reginald Johnson won reappointment to a second ten-year term this January from the all-Democratic Common Council after having served on the bench since January 2014.
But this July, the state agency that oversees the courts brought charges of ticket-fixing and verbal abuse against Johnson that ultimately led to his resignation, announced this past Friday, Sept. 20, along with a stipulation that he will never serve as a judge again. Also included in the stipulation was Johnson’s waiving of confidentiality and acknowledgement that the allegations would be made public.
When reached this week by the Herald, Judge Johnson said he was unavailable to comment until after September 30, when his retirement becomes official. The stipulation he signed did not include an admission to any of the conduct the commission charged Johnson with. According to a published report, Johnson said he vehemently denies the commission’s allegations.
Three prominent Democratic officials in Peekskill now fall under a cloud of misconduct, raising issues of public trust in the party’s leadership.
Council member Ramon Fernandez asked for and received special treatment for a friend, getting Judge Johnson to void a ticket for driving without a license and Mayor Vivian McKenzie is calling for him to resign. (See related story here.) And council member Rob Scott faces punishment after being charged with election fraud by the Westchester County District Attorney for forging signatures on his petitions. Scott is due back in White Plains City Court on Oct. 9. He was arraigned on April 30.
Peekskill Council Member Kathie Talbot told the Herald “I am so saddened by all of this. I feel for Judge Johnson and his family. I have known them for many years and they are good people and exceptionally involved and caring community members. Councilman Fernandez also works hard in the community and is always an active advocate. Situations like these are never easy waters to navigate but with time and compassion I am sure we will overcome and grow.”
Scott and Fernandez continue to serve on the council. Johnson’s “retirement” leaves the Peekskill City Court without its only full-time judge. For the immediate future, the state’s Office of Court Administration will provide judges to fill in temporarily while Peekskill seeks a permanent replacement. Judge Johnson received an annual salary of $189,900 according to state records. Lizette Fernandez will continue as the city’s part-time judge
“I was saddened to hear of Judge Johnson’s sudden retirement,” said Peekskill City Manager Matt Alexander. “In the short time that I have been here, I have had the utmost respect for him and his dedication to the community.”
Westchester County Legislator Colin Smith told the Herald that he will not apply for the full-time City Court Judge position.
Residents speak on Johnson, council members actions
Conor Greene, a former mayoral candidate and Democratic Party member, told the Herald “Not only are the findings against Judge Johnson reprehensible, but it’s also incredibly disturbing that local officials allegedly abused their positions and power to influence the criminal justice system.
“As Peekskill becomes solidly Democratic it is imperative that we are willing to hold our own to the highest standards. We need to do better as a party and commit ourselves to open, honest, and transparent government and zero tolerance for corruption or misconduct by our leaders,” Greene said.
While not commenting specifically on Judge Johnson, Amy Vele, a former Democratic District Leader in Peekskill, told the Herald “I am disappointed in the information that has come to light. The Peekskill Democratic City Committee is an extension of the Westchester County Democratic Committee, and as long as the county party continues with the same type of leadership, the kind of people recommended to run for these positions will always remain the same. Recommendations are often not about who’s best for the job but who’s been loyal or next in line.
“I think it’s time for serious change, and holding people in positions of power accountable is necessary, regardless of the relationship they might have with others. When you make a mistake, you fix it but some decisions are not something you can sweep under the rug and forget, nor should we.
“Unfortunately, it’s tough to hold people in power accountable. It can also be intimidating but I hope necessary changes come from this and my heart goes out to those who were emotionally affected,” she said. Vele ran on the Progress4Peekskill slate for Common Council in the 2021 Democratic primary, challenging the party’s nominees. She currently serves as a member of the Peekskill City School District Board of Education.
Former Republican Mayor and County Legislator John Testa expressed disappointment in Judge Johnson’s conduct and hope that his replacement will act with integrity.
“Being the judge of the city of Peekskill is probably one of the most important and critical positions that can be held by a citizen here representing the city,” Testa told the Herald.
“It requires a tremendous amount of objectivity and integrity. It was a shame to see both of those not in place at the present time. I just hope that whoever replaces the judge is someone who meets those standards.”
Peekskill School Superintendent Dr. David Mauricio also had a speeding ticket dismissed by Judge Johnson. A school district spokesperson did not respond to an email request for comment.
‘Failed to uphold integrity, independence of judiciary’
The New York state Commission on Judicial Conduct determined that Judge Johnson “… failed to uphold the integrity and independence of the judiciary by failing to maintain high standards of conduct so that the integrity and independence of the judiciary would be preserved.”
On Sept. 19, the state’s 11-member Commission On Judicial Conduct accepted Johnson’s August 29 resignation that he tendered under the agreed stipulation that Johnson would never serve in a judicial office.
Johnson first received the formal written complaint against him on July 31 and then an amended version on August 8. Three weeks after that he gave the state the 30-day notice required by law that he would resign. He chose not to respond to the charges filed against him and quit instead.
The Commission’s overwhelming case against Johnson is comprised of testimony and documents showing a long-standing practice by Judge Johnson of dismissing moving violation of traffic laws for friends and politically influential people and a years-long pattern of verbal abuse of court personnel in Peekskill.
Tearing up traffic tickets for friends, connections
In its report, the Commission cites six cases where Judge Johnson dismissed moving violations when the drivers would have faced significant fines and possible jail time.
In all of the cases, Johnson did not inform prosecutors or police that he was unilaterally dismissing the charges.
The first case was in 2016 when the daughter of then Peekskill City Court Judge Melissa Loehr was cited for failing to stop at a stop sign on August 1 and then driving with inadequate lights on Sept. 2. A court transcript of a hearing on March 10, 2017 shows that the defendant asked Johnson how he was. “I’m good. Okay. Dismissed,” Judge Johnson said and the defendant replied “Oh, wow. Thanks. Have a great day.”
Then a year later, Peekskill School Superintendent Dr. David Mauricio was ticketed by New York State Troopers for speeding on Route 9 near Welcher Avenue. Judge Johnson’s wife Pamela Hallman-Johnson, a school board member, texted Dr. Mauricio “My husband took care of that issue today” following a personal request that Mauricio made earlier directly to Judge Johnson to look into his ticket, according to the Commission’s report.
A significant traffic citation for leaving the scene of an accident with property damage was issued in April 2021 against a high school classmate of Judge Johnson’s daughter. Judge Johnson had his daughter pass along a message to her friend that it would be best for her “not to show up” on the date of her court appearance. Johnson then dismissed the ticket, again privately in his chambers with no official court transcript of his action.
Two further cases, both in 2022, involved dismissals of two tickets, one for driving without a seat belt and another for driving 80 miles per hour in a 40 mile per hour zone.
Greene, a community advocate for safe streets and executive director of Peekskill Walks, told the Herald “It is extremely upsetting to see how a judge was apparently willing to casually wave away serious infractions. People are getting hurt and killed on our streets due to dangerous driving, and this is another example of how the favor and influence throughout the criminal justice system means people often aren’t held accountable for endangering others.
“This is a reminder we need to focus more on strategies like automated camera enforcement – which helps remove bias and influence – and better street design to make our streets safer, instead of relying solely on a system that can be easily corrupted,” Greene said.
Abusive verbal behavior toward female staff, officials
In another series of charges against Judge Johnson, the Commission found that from 2018 to August 2022 Johnson “…acted in a rude, impatient, undignified and/or otherwise discourteous manner by berating, screaming, yelling or otherwise raising his voice to staff members of the Peekskill City Court.”
The Commission cites seven cases where Johnson was verbally abusive to female staff members and city employees, leaving several of them in tears.
After just one year on the job, Johnson made a crude reference to a sex act, demonstrating how to perform it with a can of Reddi-Whip while attending an office bridal shower for a staff member.
In 2018, a court assistant violated Judge Johnson’s order that no one speak to him directly in or out of court. Thinking she had permission from him, she started to speak but Johnson stopped the case, took her into the hallway, and berated her to the point where she cried.
That same year, following a disagreement on a case, Johnson called Peekskill City Prosecutor Ingrid O’Sullivan into his chambers where “… he closed the door, positioned himself in front of it blocking her exit and, standing very close to her, screamed at her for several minutes, face to face, for supposedly undermining him in court. Respondent caused Ms. O’Sullivan to cry, then directed her back to the courtroom to finish the calendar.”
Three separate 2020 incidents were reported by the Commission, two of them with City Court Judge Lizette Fernandez.
Two of the harassment incidents occurred in 2020 involving fellow City Court Judge Fernandez. In February Johnson had a blue chair removed from her office and moved into his courtroom. When he noticed that the chair was moved back into Fernandez’s chambers, he ordered that it be returned to his courtroom. He then yelled at a court worker about the chair, causing her to cry and make other workers concerned about her well-being.
Soon after Fernandez joined the court, Johnson began an email thread with her and another female judge with several references to them all getting together. “You ladies need to take me out to dinner to get to know me better [smiley face emoji],” and, “I have an expensive seafood [lobster emoji] palate with a Heineken and lemon. Can you handle that?”
He then proceeded to make continual references that Fernandez found offensive. “Look at you, looking all hot on the bench.” “You go, girl, show them that hot Latina attitude.” Additionally he put his thumb on Judge Fernandez’s upper arm and rubbed it up and down.
She met with Johnson in late February to tell him to stop inappropriately touching and commenting to her, according to the Commission report.
A meeting with the two judges and a Supervising Judge, staff members and administrators followed in March to discuss the concerns about Johnson’s behavior. “When Judge Fernandez mentioned [Johnson’s] inappropriate comments and unwanted touching, [Johnson] leaned forward against the table, raised his voice, and accused Judge Fernandez of lying. [He] demanded that there be an investigation into Judge Fernandez’s allegations,” the report states. The Supervising Judge sent a memo to the Inspector General for the United Court System on March 13, 2020 calling for an investigation.
In late December 2020, the Commission dismissed a complaint Johnson made against Judge Fernandez claiming her allegations against him were false.
The third incident in 2020 involved then City Corporation Counsel Melissa Ferraro, who questioned why Johnson would not allow City Prosecutor O’Sullivan to appear virtually during the pandemic while other attorneys were given permission by Johnson.
Judge Johnson asked the City Manager via email for a meeting to discuss Ferraro’s request, and asserted that Ferraro’s “reputation for nastiness precedes her and it rings true here,” and “I hardly think that she would have written that email to me if I were a white judge.”
In the most recent incident in March 2022, when an assistant district attorney asked Johnson if he was ready for her [to speak] he leaned back in his chair and said “’I’m sooo ready for you,’” elongating the word “so” and emphasizing that word with his tone of voice,'” according to the report.
The Commission also found that Judge Johnson improperly discussed a case outside of trial involving criminal charges against a corrections officer who worked for the Westchester County Department of Corrections.
Johnson did not disclose that the department’s Deputy Commissioner called him to say that the defendant was a “good officer” and “upstanding citizen.” The corrections officer was convicted of third-degree assault, second-degree criminal trespass, resisting arrest, obstruction and harassment. Johnson imposed a sentence of two years of probation.
In a published report, Robert Tembeckjian, the administrator of the Commission on Judicial Conduct, said a jurist’s responsibility “is corrupted whenever a judge fixes traffic cases on behalf of friends or family. The harmony and decorum of the courthouse (are) undermined whenever a judge mistreats colleagues, attorneys and court staff. One who repeatedly does all this and more does not belong on the bench.”
Citizens reaction at Council Meeting
Speaking at the Common Council meeting on September 23 long time political observer and activist Leesther Brown criticized all three Democrats for their actions as public officials.
“Rob Scott should not be sitting up there,” Brown said. “Ramon Fernandez, you need to go down too. This is a sad, sad occasion in Peekskill. You both dishonored the public trust. Is it a mistake – maybe. But it doesn’t work that way. When you violate, you violate. Do the right thing for the people of Peekskill and step down.”
Reginald Johnson grew up in Mount Vernon and graduated from Hofstra University with a degree in political science and went on to Pace Law School. He ran a small private practice in Mount Vernon in 1990, performing real estate closings and personal injury law.
Johnson then served as assistant corporation counsel for the city of Mount Vernon, where he learned about municipal law, and proceeded to work in the county attorney’s office until 2014, when he was appointed to the Peekskill’s bench. He won a partisan vote with four Democratic council members voting yes and the three Republicans recusing themselves, partially because they were just seated and had not participated in the vetting process. Johnson’s predecessor, Judge William Maher, served in the full-time post for 26 years,
Prior to that appointment Johnson was designated to run for Peekskill’s Common Council on the Democratic slate but withdrew when it was determined that the federal Hatch Act barred a government employee from running for office.
To read the full report by the New York state Commission on Judicial Conduct go here.
– Additional reporting by Regina Clarkin, Sinduja Srinivasan and Jeff Merchan
