STATE OF NEW YORK COMMISSION ON JUDICIAL CONDUCT

In the Matter of the Investigation of Complaints Pursuant to Section 44, subdivisions 1 and 2, of the Judiciary Law in Relation to

ELLEN D. FISHKIN,

a Justice of the Head of the Harbor Village Court, Suffolk County.

STIPULATION

THE FOLLOWING IS HEREBY STIPULATED by and between Robert H.

Tembeckjian, Administrator and Counsel to the Commission on Judicial Conduct

("Commission"), and the Honorable Ellen D. Fishkin.

1. Ellen D. Fishkin was admitted to the practice of law in New York in 1992.

She has been a Justice of the Head of the Harbor Village Court, Suffolk County, since

1996. Judge Fishkin's current term expires on April 3, 2023.

2. On April 2, 2021, the Commission apprised Judge Fishkin that it was

investigating complaints alleging that she: (1) shoved or pushed a Suffolk County

Assistant District Attorney ("ADA") outside her courtroom on the evening of March 21,

2019, when court was in session and the courtroom was full oflawyers, litigants, and

others; (2) accused a different Suffolk County ADA of being "anti-Semitic" when the

ADA would not offer a lenient plea to an associate of the judge's husband in a Vehicle

and Traffic Law ("YTL") matter; (3) turned court audio recording equipment on and off

in the middle of court proceedings; ( 4) presided over and took pleas in YTL matters

without an ADA present; (5) locked the court while she traveled to prevent the Associate

I I

Village Court Justice from presiding over matters in her absence; and (6) exhibited

inappropriate demeanor on the bench and in interactions with Suffolk County ADAs and

other attorneys and litigants. Judge Fishkin was notified by the Commission to appear on

May 6, 2021, to give testimony in connection with the investigation. After the

Commission adjourned the matter due to a scheduling conflict, her appearance to give

testimony was rescheduled to June 14, 2021.

3. On May 11, 2021, the Commission apprised Judge Fishkin of a new matter

that had been brought to its attention concerning an audit of the court's finances by the

Office of the State Comptroller.

4. On May 11, 2021, the Office of Court Administration notified the

Commission that Judge Fishkin vacated judicial office on May 6, 2021. A copy of the

notice to that effect is appended as Exhibit 1.

5. Pursuant to Section 47 of the Judiciary Law, the Commission has 120 days

from a judge's resignation to complete proceedings and, if it so determines, render and

file a determination that the judge should be removed from office.

6. Judge Fishkin affirms that, having vacated her judicial office, she will neither

seek nor accept judicial office at any time in the future .

7. Judge Fishkin understands that, should she abrogate the terms of this

Stipulation and hold any judicial position at any time in the future, the Commission's

investigation of the complaints would be revived, she would be served with a Formal

Written Complaint on authorization of the Commission, and the matter would proceed to

a hearing before a referee.

2

! l I I

8. Upon execution of this Stipulation by the signatories below, this Stipulation

will be presented to the Commission with the joint recommendation that the matter be

concluded, by the terms of this Stipulation, without further proceedings.

9. Judge Fishkin waives confidentiality as provided by Section 45 of the

Judiciary Law, to the extent that (I) this Stipulation will become public upon being

signed by the signatories below, and (2) the Commission's Decision and Order regarding

this Stipulation will become public.

Dated:

Dated: Robert H. Tembeckjian Administrator and Counsel to the Commission (Mark Levine and Daniel Davis, Of Counsel)

3

May 17, 2021

.·

~ ;Jt--;i-.._'~\ NEW YORK STATE

~( l\if!:/; Unified Court System ' ,\_.:.'Jf· OFFICE OF COURT ADMINISTRATION

.., '·!:!:~-'!

LAWRENCE K. MARKS (ltl(f A0 1,UUI\T RM l'/f JUOt,(

Robert Tembcckjian. Esq. Administrator & Counsel Commi ss ion on Judicial Conduct 61 Broadway. 12111 Floor New York. NY I 0006

Dear Mr. Tcmbcckjian:

1\tlay 11 , 2021

EXHIBIT 1

ELIZABEl tl A . fiOOKS S?f Cl.",l ,".'>\l'ifM,t

We have been informed that the Honorab le Cllen D. Fi shkin has retired from the position or Village Justice of' I-lead of'thc Harbor Village Court . effective May 6. 202 1.

Very truly yo urs.

w~

25 BEAVER STREET, NEW YORK, NEW YORK 1000~ • PHONE : 2 12-~28 -2 120 • FA X : 212 -1128 -2 188 • EHOOKS ~ N Y(OURTS .GOV