Judge censured over profane Facebook posts
In March 2021 a judge in Genesee County responded to a reshared Facebook post from seven years before, writing, "OMG everyone was so (expletive) hungover lol."
On the same post, the judge, Darien Town Justice Jennifer Nunnery, also commented, "I remember drawing a (expletive) on his face when he passed out on the plane lol.”
In a ruling that recently became public, the state watchdog Commission on Judicial Conduct voted in August for the censure of Nunnery because of profane social media postings. Nunnery told the commission that she had misjudged how privacy settings worked on the social media platform, according to records.
There were several obscene postings from Nunnery cited by the commission, a lawyer who has been a judge since January 2020.
"You know what’s more therapeutic than shopping?" she wrote in one. "Cross-examining someone and being absolutely (expletive) AWESOME at ripping them apart on the stand like the baddest (expletive) there is!!!!!"
Nunnery also "liked" a Facebook page for a Buffalo City Court candidate and another for a local school board. She told the commission that "she was unaware that her Facebook 'likes' were visible to the public," according to Commission on Judicial Conduct records.
In its ruling, the commission said that Nunnery "should be disciplined for engaging in offensive and otherwise inappropriate behavior on Facebook and for improperly endorsing two candidates running for elective office." Nunnery can challenge the censure, but records show she acknowledged the misconduct and responded immediately after the posts were questioned by a supervisor.
Nunnery has been responsive to the commission's criticism, removed the profane and political posts, and said she was committed "to be especially mindful of her ethical obligations in any future use of social media," according to records.
"I have learned a harsh lesson from this experience," Nunnery said in a statement provided by her attorney, Buffalo lawyer Rodney Personius. "My responsibilities as a judge require that I handle all of my affairs, both inside and outside the courtroom, in a manner that is respectful and responsible. I will not let the conduct giving rise to this sanction define who I am moving forward."
Nunnery, a Batavia native, served in the Army Military Police Corp and was deployed to Iraq in 2003 and 2006, according to The Batavian. She has been recognized for her work with veterans and for sharing her own experience with post-traumatic stress disorder.
One social media post including profanity poked fun at another veteran whom she knew.
"I failed to appreciate that being a Judge is a 24/7 position that calls for proper decorum at all times and in all settings," Nunnery said in her statement. "There are no exceptions. My adoption of my military persona from years of service in the Army in communicating with a fellow veteran on social media, while not intended in any way to be disrespectful, was inappropriate."
Censure is the second-most severe punishment that can be given from the commission; removal from the bench is the most severe. Practically, the censure does not impact Nunnery's current tenure, unless she were to be accused again of misconduct. Then, the censure could be used as evidence of a trend of ethical lapses.
"Judges are obliged, on and off the bench, to uphold the integrity and dignity of judicial office, and to avoid partisan political activity," Robert Tembeckjian, the commission's administrator and counsel, said in a statement. "While those constraints apply regardless of the forum, a judge should be especially careful when communicating on social media, which can compound the impropriety of an inappropriate message by spreading it far and wide."
Gary Craig is a veteran reporter with the Democrat and Chronicle, covering courts and crime and more. You can reach Craig at gcraig@rocheste.gannett.com. He is the author of two books, including "Seven Million: A Cop, a Priest, a Soldier for the IRA, and the Still-Unsolved Rochester Brink's Heist."
This article originally appeared on Rochester Democrat and Chronicle: New York judge Jennifer Nunnery censured over profane Facebook posts
