Capturing the Friedmans | Commission on Judicial Conduct

New York State Commission on Judicial Conduct

I filed a complaint with the New York State Commission on Judicial Conduct against judge Abbey Boklan, the judge who presided over my case.

I felt that her behavior since Capturing the Friedmans was released was appalling. As you can read in the complaint which I filed, the judge has been acting in a manner unbecoming of a judge by advocating her personal feelings. Boklan granted an on-camera interview with the film makers at a time when my Megan's Law risk-level classification hearing was still pending before her as a sitting judge. (She has since retired from the bench.) That meant she was discussing information about an open case, clearly against the judicial rules of conduct. Boklan initiated a press campaign against the film, and against my efforts toward proving my innocence with the filing of my appeal motion. During these press interviews and public appearances Boklan even discussed information which was contained in confidential court documents, clearly inappropriate.

Here is the complaint which I filed against judge Abbey Boklan. It is not too long, and it outlines a list of actions on the part of the judge which clearly violate the Rules Governing Judicial Conduct.

After six months of waiting, the Commission dismissed my complaint out-of-hand saying they had no authority to censure judge Boklan since she is no longer sitting on the bench.

I feel this, once again, demonstrates the judicial prejudice I am facing at every step of my efforts toward exoneration. Even if the Commission holds no enforceable authority over a retired judge's behavior, they could certainly still have investigated my complaint, and issued a decision chastising Boklan for her behavior.

Her behavior might not be against the law. However, it certainly does not seen excessive for the public to expect that our elected judiciary avoid even the appearance of impropriety -- be they sitting on the bench, or having recently retired after decades of sending people to prison.