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Luke Moretti and Rose Ciotta – BUFFALO, N.Y. (WIVB) – The New York State Agency on Judicial Conduct will anon adjudge whether a boondocks amends is acclimatized for a bashed active conviction.

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Timothy J. Cooper, an Evans amends for about 30 years, was bedevilled of active while broken aftermost June.  He continues to sit on the bank area his duties accommodate audition drunk-driving cases.

Robert Catalano, Evans citizens activist afresh filed a complaint with the agency allurement that Cooper be removed.

“How can a adjudicator sit in acumen of bashed drivers back he is additionally a bashed driver? I don’t anticipate you can,” said Catalano.

In his letter to the commission, Catalano wrote, “I cannot see how Adjudicator Cooper can allocate amends accepting been bedevilled of a bashed active offense. I accept he should be removed from the bench.”

In its acknowledgment the agency said its assignment is arcane and “we cannot acknowledge whether any activity is actuality taken.” The agency said it was already acquainted of the “matters acclaimed in your complaint” and “your letter will be added to that file.”

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Cooper was arrested and answerable with active while intoxicated, a misdemeanor, on the night of April 23, 2014.

It was his aboriginal offense.

According to the badge report, Cooper was active arctic on the Robert Moses Parkway in the Boondocks of Lewiston back he swerved into the southbound lane hitting an SUV arch on, causing it to cast assimilate its side.

The SUV’s aged disciplinarian suffered a cut to his ear.

State troopers administered a acreage abnegation analysis afterwards smelling alcohol.

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Cooper bootless the test.

Cooper additionally banned to booty a actinic animation test, according to the badge report.

John Sullivan of the Erie County Stop DWI affairs says about a third of the bodies arrested debris to booty the test. “They may be authoritative a adding that they ability anticipate their claret booze absorption is actual aerial and they don’t appetite that in affirmation there may be some action objections, some civilian rights objections to accomplishing that,” he said.

The Niagara County Stop DWI affairs could not say what that county’s abnegation amount is.

Cooper’s case was transferred to Arctic Tonawanda afterwards both Boondocks of Lewiston justices recused themselves from audition it. Cooper autonomous for a non-jury balloon afore Arctic Tonawanda City Cloister Adjudicator William R. Lewis who bedevilled Cooper of a bottom charge, active while impaired, a violation.

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Cooper was additionally bedevilled of alarmingly alteration lanes.

His book included a accomplished and accident his driver’s authorization for 90 days.

He was not bedevilled of abnegation to booty the animation test. His advocate says there were procedural problems with that charge.

Cooper beneath to comment. But his advocate Terry Connors said the adjudicator should not be removed from the bench.

“That would be an acutely acrid antidote accustomed the actuality that there was one adventure in an contrarily chaste record,” said Connors.

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Connors said Cooper was “proactive” and approved counseling and an appraisal that there “wasn’t an affair with alcohol.” He additionally completed a driver’s advance program.

“We accept beneath those affairs that an admonition is acceptable which is a lower anatomy of sanction,” said Connors.

Connors has appealed to the agency to appoint the lower sanction which is accessible but allows the adjudicator to abide on the bench.

The commission’s antidotal options ambit from a clandestine letter to removal.

Cooper gets added than $160,000 for his full-time job as a ancestors cloister adjudicator in Niagara Falls and his part-time adopted amends position in Evans.

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Connors said that Cooper voluntarily removed himself from audition drunk-driving cases while his case was actuality adjudicated. He has back resumed abounding duties which includes audition drunk- active cases.

Robert Tembeckjian, ambassador and admonition to the commission, said he cannot animadversion on awaiting cases or alike affirm that the agency is investigating Cooper.

He told News 4 that ethical investigations accede abounding factors.

“The agency will booty a cardinal of factors into application in free whether a adjudicator should be acclimatized and what the conduct should be,” he said.

Factors accommodate the severity of the crime, exacerbating factors and whether the adjudicator approved to use access during the arrest.

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“It could be a agency that the adjudicator presides over the actual class of case that the adjudicator himself is ultimately bedevilled of accepting violated,” said Tembeckjian.

If the agency acts, Cooper will become the aboriginal adjudicator in Erie County acclimatized for a bashed driving-related charge. Back 1978, 19 board accept been disciplined, bristles from Western New York. One was from Niagara County.

One adjudicator was accusable and four accustomed admonitions.

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