Panel admonishes Westhampton Beach justice

ALBANY -- An oversight panel on Monday admonished a Westhampton Beach village justice for representing private clients before local building and zoning officials.

The New York State Commission on Judicial Conduct said Justice Robert A. Kelly Jr. "failed to avoid conflicts and the appearance of conflicts" in a handful of cases. The panel also found that Kelly permitted his name to appear on lawsuits brought by his law firm against Westhampton Beach and that his law firm -- though not Kelly himself -- contributed $925 to various Southampton town board candidates from 2006 to 2009.

"Judge Kelly's conduct showed inattention to his ethical responsibilities and, in particular, to the special ethical obligations of judges who are permitted to practice law," the commission wrote.

The commission stressed that Kelly committed a lapse in judgment and that none of the issues impacted his handling of cases as a village justice. Admonishment is the mildest sanction the commission can impose. "There is no evidence that the judge committed misconduct with respect to the disposition of any case in his court," the commission said.

"What is involved here are minor lapses," said Paul Schechtman, Kelly's attorney. "As the [ruling] makes clear, none of the matters involved Judge Kelly's handling of cases in his courtroom, where he is widely acknowledged to be a fair-minded and conscientious judge."

Kelly has been a partner in Kelly & Hulme, a Westhampton Beach law firm, since 1990, the panel noted, and has served as village justice since 1996.

The commission said that four times between 1997 and 2009 Kelly represented clients before the local building and zoning department. In its decision, the commission said the justice "now recognizes that his conduct created the appearance of impropriety."

Schechtman said Kelly won't exercise his right to appeal but instead would accept admonishment. He said the firm has set up separate letterheads and separate accounts for cases Kelly can't work on and that the firm will no longer make political contributions.