Judge accused of brawling with neighbors, shoving cop will stay on bench

On Tuesday, the state's judicial watchdog decided to allow an Erie County judge to stay on the bench, despite his apparent abusive acts toward neighbors and a physical encounter with a police officer.

At issue was the conduct of acting state Supreme Court Justice Mark Grisanti, who in 2020 was embroiled in what some media declared a brawl with neighbors. Grisanti is seen on body-camera footage shoving a Buffalo police officer who was arresting his wife. He was also accused of threatening the officer, stating "you're going to be sorry" and "my son... and my daughter are... both police officers."

Grisanti, also a Court of Claims judge, further referenced his friendship with Buffalo Mayor Byron Brown. He was placed in handcuffs and briefly detained, but after a review by the district attorney, he was not charged with a crime.

The commission split on whether to keep Grisanti on the bench. He was ultimately censured, a punishment short of removal. Censure supporters highlighted his 30 "unblemished" years as a lawyer and judge and his apparent contrition for his behavior.

Dissenting commission members, however, said the ruling sets a dangerous precedent going forward, lowering the bar for judicial conduct.

Grisanti also presided over cases involving a lawyer to whom he had previously sold his law practice. The commission members who supported censure said there was no evidence of favoritism in those cases.

The chair of the commission, Joseph Belluck, authored one of the dissenting opinions, arguing that Gristanti's conduct should have resulted in his removal.

"The evidence as well as the judge’s temperament during oral argument make clear both that the judge acted in a manner inconsistent with holding judicial office and that there is a significant risk he will repeat this or similar behaviors in the future," he wrote.

Jay Carlisle, who was a referee with the commission for 20 years, observed that it is unusual for a chair to dissent from the majority opinion, and the fact that Belluck did so in this case suggests there was "serious debate" inside the commission as to the appropriate result.

Carlisle said he is "surprised" Grisanti wasn't removed, given the extreme nature of the judge's conduct.

"I don't know that I've ever heard of that in 20 years as a referee," he commented about Grisanti's actions during the 2020 incident. "It's really odd."

In a separate dissenting opinion, commission member Nina Moore described Grisanti's conduct in a much harsher tone, saying he "shoved and threatened a police officer, interfered with a lawful arrest process, lied to a 911 operator, instigated a physical confrontation with a neighbor, launched into a profanity-laced tirade in full public view, and invoked his connections to the city’s mayor and police department."

The attorneys for Grisanti — Buffalo lawyers Terrance Connors and Vincent Doyle III — said in a statement: "The Judicial Conduct Commission examined every inch of Justice Grisanti's career. The multiple-day hearing featured testimony from lawyers, court personnel, and other judges that Justice Grisanti is an exemplary judge who is diligent, hardworking and courteous."

This article originally appeared on Rochester Democrat and Chronicle: Judge Mark Grisanti to stay on bench despite brawl, shoving cop