Judge censured for driving drug defendant

The State Commission on Judicial Conduct has censured Family Court Judge Andrew G. Tarantino Jr. for taking a troubled 20-year-old male drug defendant on a ride to Robert Moses State Park in 2009 without the knowledge or permission of any lawyers on the case.

In its nine-page ruling, the commission determined it was "improper" as well as "inappropriate and showed extremely poor judgment" for Tarantino to take an "out of court excursion" with the young man during a lunch recess.

The young man, who was not identified, was described in the commission ruling as someone who had overdosed twice on drugs, the second time about a month before the car trip. He had been charged with violating an order of protection for overdosing on drugs. The young man, who was interviewed by the commission as part of its probe, later died in March 2010.

Tarantino "should have realized that this extra-judicial meeting with the defendant -- a vulnerable young man . . . not only would compromise [the judge's] impartiality at a time when he wielded considerable power over this defendant, but would create a potential for suspicion and misunderstanding."

Tarantino also told the commission he and the young man "never had any relationship other than as a judge and litigant and that no untoward behavior occurred" at the park "or anywhere else at any time."

The incident, according to the commission ruling, occurred in May 2009, when the young man came to court for a meeting with his drug court case manager. He also asked to meet with the judge. The judge then asked if he wanted to talk in court, the cafeteria or go for a ride. The defendant chose a car ride.

They ended up 16 miles away from the Central Islip courthouse at the Fire Island park's wildlife observation deck, where they "spoke privately . . . about personal issues," including the man's drug use and his mother's death.

Tarantino declined to comment Tuesday. His attorney Ruth Bednarz said her client "is a smart and extremely hard working family court judge whose aim is to resolve theses difficult cases." And "while the out-of-court conversation with this young man was improper, the commission . . . recognized the judge's good intentions in trying to obtain the help this litigant needed."

However, victim rights advocate Laura Ahearn said the censure "sends a powerful message his actions were inconsistent with the ethical standards . . . required of judges."

Tarantino first came under fire from Ahearn last August. She complained Tarantino joked about child pornography during a hearing involving a sex offender. Tarantino was moved to a civil court, though no explanation was given. David Bookstaver, spokesman for the Office of Court Administration, said Tuesday the transfer was also prompted by the commission's investigation.