BUFFALO, N.Y. — 2 On Your Side was told, almost immediately, after Buffalo Police body camera video showed New York State Supreme Court Judge Mark Grisanti out of character, the State Commission on Judicial Conduct wanted all files on the Mark Grisanti matter.
The commission indicated in an email that "all proceedings and complaints are confidential with strictly limited exceptions"
Grisanti is a former State Senator who was appointed to the bench in 2015 by Governor Andrew Cuomo who praised the Republican for voting to legalize gay marriage.
Now a State Supreme Court Judge, Grisanti is under scrutiny for a street fight. He and his wife were battling with neighbors, who they say have been harassing people for years. The incident has put the judge's job in jeopardy.
On the video, which contains a lot of expletives, the judge makes references more than once that he has relatives who are police officers. It was said when an officer was taking his wife down to the ground. The police officer is heard telling the judge, who was now shirtless, "you are not going to fight a cop."
Grisanti explains what was happening to police officers on the scene after speaking on the phone with a relative on the force.
"He comes over and freaking whacks me, like slaps me across the face. I'm like are you freaking kidding me. You ripped my necklace off," Grisanti said.
Both were handcuffed and detained, but never arrested.
An officer told the judge on the scene, "Dropping everybody's name with a badge and expecting special treatment, how does that look to everybody in this environment, it doesn't look good and grabbing him," referring to the officer that was shoved by the judge.
While in the back of a police patrol car, Grisanti was telling a police detective on the phone that he "apologized" for shoving a cop.
"I said listen I respect you guys of law enforcement my daughter's a police officer, my son in law is a police officer, all my family are police officers," Grisanti said.
There were no criminal charges. Erie County District Attorney John Flynn said, "For whatever reason, they (the officers) decided not to file charges."
Don Thompson, a Rochester attorney, not involved with this case said, "There's obviously disparity in treatment here based upon color and privileged position."
The real headache for the judge has to be the State Commission on Judicial Conduct. There are 11 members. Four appointed by the governor.
Once an investigation is authorized, witnesses are interviewed and records are examined.
When the commission determines a judge should be admonished, censured or removed it's sent to the Chief Judge of the Court of Appeals. The court serves the judge then it becomes public.
While the commission is neither confirming or denying they are reviewing the Grisanti matter, there are indications they are based on the fact that complaints investigated include improper demeanor, conflicts of interest, intoxication, favoritism and other misconduct on or off the bench.
Attorney Leonard Zaccagnino represents the judge and while he makes no excuses, he said, "This is a guy, he's a human being, he sees his wife be thrown put to the ground, handcuffed, obviously any normal individual would be upset by that."
A few years ago, Grisanti had another issue. He and his wife were involved in a scuffle at the Seneca Niagara Casino.
Recent cases by the commission led to the removal of judges. Niagara Falls Mayor Robert Restaino was removed from the Falls City Court bench. The commission determined, "In an egregious and unprecedented abuse of judicial power, (HE HAD) 46 defendants (PUT IN) custody in a bizarre, effort to discover the owner of a ringing cell phone in the courtroom."
Restaino said his actions were due to "certain stresses in his personal life."
The commission concluded it "was such a gross deviation from the proper role of a judge that it warrants removal, and he had a previously unblemished record."
Rochester City Court Judge Leticia Astacio was removed for conduct violations and served time in jail for violating her DWI probation. The decision stated: "We cannot view petitioner's actions and the appropriate sanction through a limited prism but must instead consider the full spectrum of her behavior and its impact on public perception of the judiciary."
There are rules for judges. At the top, high ethical standards, and that is a question for the commission regarding Judge Mark Grisanti.
Grisanti is currently still serving as a New York State Supreme Court Judge in Buffalo with a heavy caseload. Although he no longer has City of Buffalo cases on his docket. He recused himself from cases involving the Buffalo Police Department after police body camera video hinted that he sought preferential treatment.