Preview
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023
Exhibit 1A
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023
STATE OF NEW YORK
OFFICE OF COURT ADMINISTRATION
In the Matter of the Charge of Misconduct
- against - DETERMINATION
DAVE PEARL
A New York State Court Officer in the
Unified Court System of the State of New York,
Employed in the Ninth Judicial District,
Respondent
NOTICE: YOU HAVE THE RIGHT TO APPEAL FROM THIS DETERMINATION. IF YOU
ELECT TO APPEAL, YOU MAY APPLY TO THE COURTS IN ACCORDANCE WITH THE PROVISIONS
OF ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES OR FILE A PETITION IN WRITING TO
THE CHIEF ADMINISTRATIVE JUDGE WITHIN 20 DAYS OF RECEIPT OF THIS DETERMINATION.
AN APPEAL TO THE CHIEF ADMINISTRATIVE JUDGE SHALL BE DETERMINED ON THE BASIS OF
THE RECORD AND TRANSCRIPT AND SUCH ORAL OR WRITTEN ARGUMENTS AS DEEMED
APPROPRIATE.
On November 15, 2021, Hearing Officer William P. Bodkin, Esq. was designated to hear
the matter of a charge of misconduct against Dave Pearl. The hearing commenced on March
16, 2022 and continued on April 6, 2022. Both Dave Pearl and the Office of Court
Administration were represented by counsel. Post-hearing briefs were submitted on or about
May 18, 2022 and a Report and Recommendation was issued on June 6, 2022. Hearing Officer
Bodkin found the charge of misconduct and specifications were established by a fair
preponderance of credible evidence and recommends the Respondent be removed from his
position as a Court Officer.
It is alleged that Officer Pearl, who at the time, on his own Facebook page, described
himself as a “Former Court Officer”, made the following comments on Facebook on or about
and in between June, 2020 and October, 2020i:
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023
1. “well the mainstream media is hellbent on starting a race war. The democrats
support the riots and protests, trump is not to blame for this, the mayors of these
cities have handcuffed their police departments and all these savages are being let
off with no charges. The outside is limited in what is shown. They are all anti trump.
Obama was a far worse president. He created a lot of this nonsense when he was in
office. And calling in the national guard is absolutely the right thing to do. These
savages are attacking anyone that is white and assaulting police with bricks, pepper
spray, rocks, explosives and shooting at them. We need law and order restored”
2. “Creepy Joe & the Hoe…….”ii
3. “Discrimination, no. Just not going to be politically correct. Close the Fucking
borders!!!!! Let the syruan (sic) refugees move to your neighborhood and lets see
how you feel then. 2nd Amendment baby, i’m ready!!!!!”
Resolution of issues of credibility, as well as the weight to be accorded to the evidence
presented, are primarily questions to be determined by the finder of fact, who had the
opportunity to see and hear the witnesses, People v. Olsen, 35 AD3d 890 (2nd Dept., 2006). A
factfinder’s determination should be accorded great weight and should not be disturbed unless
clearly unsupported by the record, People v. Aessa, 29 AD3d 1016 (2nd Dept., 2006) lv den 7
NY3d 846 (2006). Here, the fact that the Respondent made the subject comments on Facebook
is uncontested. The issue is whether those comments evinced bias and an inability to be
impartial and treat individuals fairly, thereby bringing a negative light on the Unified Court
System and adversely impacting the Unified Court System’s good order and ability to dispense
justice fairly and impartially.
I have reviewed the entire transcript of the hearing, all accompanying exhibits and
submissions and am satisfied that the finding sustaining the Charges and Specifications against
the Respondent is not against the weight of the evidence. Having considered all of the
evidence, I concur with the findings of Hearing Officer Bodkin.
In accordance with the UCS anti-discrimination and anti-harassment policy, following
the Report and Recommendation of the Judicial Hearing Officer, this matter was referred to the
Special Panel consisting of the Honorable Deborah A. Kaplan, Deputy Chief Administrative
Judge for New York City Courts, the Honorable Edwina G. Mendelson, Deputy Chief
Administrative Judge for Justice Initiatives, Tony Walters, the Director of the Office of Diversity
and Inclusion and the undersigned. The Special Panel convened on June 22, 2022 and upon
review of the transcript, the exhibits and submissions, and the Hearing Officer’s Report and
Recommendation, determined the appropriate punishment is termination.
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023
Therefore, pursuant to the authority vested in me, I hereby determine, Order and direct
that DAVE PEARL be immediately terminated from his position as Court Officer with the New
York State Unified Court System.
DATED: June 23, 2022
Albany, New York
Hon. Norman St. George, J.S.C.
Deputy Chief Administrative Judge
Courts Outside New York City
i
To the extent that the timeframe for the last comment was disputed, the comment remained on Facebook and
was easily discoverable during the charged time period.
ii
Referring to then candidates for President and Vice-President, Joe Biden and Kamala Harris.
Preview
FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023 Exhibit 1A FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023 STATE OF NEW YORK OFFICE OF COURT ADMINISTRATION In the Matter of the Charge of Misconduct - against - DETERMINATION DAVE PEARL A New York State Court Officer in the Unified Court System of the State of New York, Employed in the Ninth Judicial District, Respondent NOTICE: YOU HAVE THE RIGHT TO APPEAL FROM THIS DETERMINATION. IF YOU ELECT TO APPEAL, YOU MAY APPLY TO THE COURTS IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 78 OF THE CIVIL PRACTICE LAW AND RULES OR FILE A PETITION IN WRITING TO THE CHIEF ADMINISTRATIVE JUDGE WITHIN 20 DAYS OF RECEIPT OF THIS DETERMINATION. AN APPEAL TO THE CHIEF ADMINISTRATIVE JUDGE SHALL BE DETERMINED ON THE BASIS OF THE RECORD AND TRANSCRIPT AND SUCH ORAL OR WRITTEN ARGUMENTS AS DEEMED APPROPRIATE. On November 15, 2021, Hearing Officer William P. Bodkin, Esq. was designated to hear the matter of a charge of misconduct against Dave Pearl. The hearing commenced on March 16, 2022 and continued on April 6, 2022. Both Dave Pearl and the Office of Court Administration were represented by counsel. Post-hearing briefs were submitted on or about May 18, 2022 and a Report and Recommendation was issued on June 6, 2022. Hearing Officer Bodkin found the charge of misconduct and specifications were established by a fair preponderance of credible evidence and recommends the Respondent be removed from his position as a Court Officer. It is alleged that Officer Pearl, who at the time, on his own Facebook page, described himself as a “Former Court Officer”, made the following comments on Facebook on or about and in between June, 2020 and October, 2020i: FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023 1. “well the mainstream media is hellbent on starting a race war. The democrats support the riots and protests, trump is not to blame for this, the mayors of these cities have handcuffed their police departments and all these savages are being let off with no charges. The outside is limited in what is shown. They are all anti trump. Obama was a far worse president. He created a lot of this nonsense when he was in office. And calling in the national guard is absolutely the right thing to do. These savages are attacking anyone that is white and assaulting police with bricks, pepper spray, rocks, explosives and shooting at them. We need law and order restored” 2. “Creepy Joe & the Hoe…….”ii 3. “Discrimination, no. Just not going to be politically correct. Close the Fucking borders!!!!! Let the syruan (sic) refugees move to your neighborhood and lets see how you feel then. 2nd Amendment baby, i’m ready!!!!!” Resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the finder of fact, who had the opportunity to see and hear the witnesses, People v. Olsen, 35 AD3d 890 (2nd Dept., 2006). A factfinder’s determination should be accorded great weight and should not be disturbed unless clearly unsupported by the record, People v. Aessa, 29 AD3d 1016 (2nd Dept., 2006) lv den 7 NY3d 846 (2006). Here, the fact that the Respondent made the subject comments on Facebook is uncontested. The issue is whether those comments evinced bias and an inability to be impartial and treat individuals fairly, thereby bringing a negative light on the Unified Court System and adversely impacting the Unified Court System’s good order and ability to dispense justice fairly and impartially. I have reviewed the entire transcript of the hearing, all accompanying exhibits and submissions and am satisfied that the finding sustaining the Charges and Specifications against the Respondent is not against the weight of the evidence. Having considered all of the evidence, I concur with the findings of Hearing Officer Bodkin. In accordance with the UCS anti-discrimination and anti-harassment policy, following the Report and Recommendation of the Judicial Hearing Officer, this matter was referred to the Special Panel consisting of the Honorable Deborah A. Kaplan, Deputy Chief Administrative Judge for New York City Courts, the Honorable Edwina G. Mendelson, Deputy Chief Administrative Judge for Justice Initiatives, Tony Walters, the Director of the Office of Diversity and Inclusion and the undersigned. The Special Panel convened on June 22, 2022 and upon review of the transcript, the exhibits and submissions, and the Hearing Officer’s Report and Recommendation, determined the appropriate punishment is termination. FILED: WESTCHESTER COUNTY CLERK 07/13/2023 08:25 PM INDEX NO. 63737/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 07/13/2023 Therefore, pursuant to the authority vested in me, I hereby determine, Order and direct that DAVE PEARL be immediately terminated from his position as Court Officer with the New York State Unified Court System. DATED: June 23, 2022 Albany, New York Hon. Norman St. George, J.S.C. Deputy Chief Administrative Judge Courts Outside New York City i To the extent that the timeframe for the last comment was disputed, the comment remained on Facebook and was easily discoverable during the charged time period. ii Referring to then candidates for President and Vice-President, Joe Biden and Kamala Harris.