Longtime Clarkstown judge Ugell resigns while under state investigation
Clarkstown Justice Scott Ugell resigned, the New York State Commission on Judicial Conduct announced Monday.
Ugell’s resignation is effective June 25. His term would have expired on December 31, 2025.
Terms of his resignation include not seeking nor accepting judicial office in the future, the commission said.
According to the commission, Ugell was under investigation for three allegations. The first was he presided over a landlord/tenant case without disclosing the attorney in the case had personally represented him in an unrelated matter. Second was that he became a candidate for Clarkstown town supervisor without resigning as justice. Third was that he testified falsely in a lawsuit that said he was ineligible to run for town supervisor.
“Public confidence in the integrity and impartiality of the courts requires a judge to step aside in cases where there is a conflict, or disclose the conflict so the parties may request a new judge,” commission administrator Robert Tembeckjian said. “It also requires separating politics from the bench, meaning a judge must resign upon becoming a candidate for non-judicial office. And it should go without saying that, when called as a witness, a judge must testify truthfully.”
Ugell and his attorney Deborah Scalise released a statement that recognized Ugell's service, indicated Ugell cooperated with the commission's investigation and said his leaving the bench was consistent with his retirement plans.
"Judge Ugell agreed to conclude this investigation with the understanding that the stipulation is not an admission or concession of guilt, and, in fact, includes that there was no finding of wrongdoing. He also wished to avoid the expense and inconvenience of protracted litigation," the statement said, adding that Ugell will continue to practice law, looks forward to serving his clients and participating in bar association activities in the future.
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Clarkstown's supervisor primary involved
Earlier this month, a state appeals panel overruled a lower court ruling citing election fraud that knocked Ugell and Rockland GOP chairman Lawrence Garvey from the Republican ballot for Clarkstown town supervisor in the June 27 primary.
The panel rejected Supreme Court Justice Paul Marx's ruling that Ugell was ineligible to run for supervisor as a sitting justice and said that there was a lack of evidence to show fraud had been committed. Ugell had declined the ballot spot for supervisor before the court case had been filed by two Democrats.
The case had suggested that Ugell was a place-holder candidate who allowed designating petitions to place him on the ballot and then declined to allow Garvey to run.
The plot suggested that the Republicans needed a candidate since another state judge ruled town supervisor George Hoehmann could not run in 2023 under Clarkstown's term-limits law. Ugell had the name recognition to get the required ballot signatures.
Ugell had contended he was unaware of people getting signatures to get him on the ballot, though his wife had signed up registered Republicans. Garvey disagreed that Ugell was unaware, and also argued that Ugell was eligible to run for supervisor and didn’t violate any ethical rules.
The Clarkstown term limits law, which would have disqualified Hoehmann from running, was voided by the New York Court of Appeals.
Ugell, who is an attorney, has been a justice on the Clarkstown Town Court since 1991.
The commission was represented by Mark Levine, Jennifer Lowry and Kieran Rock. Scalise wasn’t immediately available for comment Monday.
This article originally appeared on Rockland/Westchester Journal News: Under investigation, Clarkstown judge Scott Ugell resigns
