Schoharie Justice Ken Knutsen has resigned while under investigation by the New York State Commission on Judicial Conduct for anti-LGBTQ posts on Facebook and other misconduct, the commission said in a press release issued Wednesday.
Mr. Knutsen served as an elected justice for the Town of Schoharie and as an appointed assistant justice for the Village of Schoharie.
The village accepted Mr. Knutsen’s resignation at its June 8 meeting; the town didn’t meet in June.
According to the Commission on Judicial Conduct’s press release, Mr. Knutsen was notified in April that the Commission was investigating complaints alleging anti-LGBTQ bias and content on his personal Facebook page.
The Commission also said Mr. Knutsen’s Facebook page “also revealed numerous other posts containing political content, expressions of bias in favor of law enforcement and against criminal defendants, expressions of anti-Muslim bias, and prohibited public commentary on pending cases, including the murder trial of former Minneapolis Police Officer Derek Chauvin.”
In accepting Mr. Knutsen’s “retirement,” the village said he’d handled mostly criminal cases.
“The Facebook posts no longer appear publicly visible,” the Commission said in the June 16 release.
According to the Commission, Mr. Knutsen was scheduled to give testimony concerning the allegations on May 26.
“Instead, on that date he tendered his resignation, effective July 1, 2021, agreed never to seek or accept judicial office at any time in the future and signed a stipulation to that effect.
“On June 10, 2021, the Commission accepted the stipulation and closed its investigation.”
“Public confidence in the integrity of the courts requires judges to avoid even the appearance of bias,” wrote Commission Administrator Robert Tembeckjian.
“Social media posts that exhibit anti-LGBTQ, anti-Muslim, pro-police or other biases are abhorrent and inimical to the role of a judge. In these circumstances, Judge Knutsen’s departure from office is warranted.”
Mr. Knutsen, who is not an attorney, waived confidentiality in the proceedings.
He’d been a Schoharie justice since 2002. His village term would have expired December 31, 2021 and his town term, December 31, 2022.
Since the review process was implemented in 2003, the Commission has accepted 106 such stipulations.
Since 1978, the Commission has issued 278 determinations of admonition against state judges, 339 determinations of censure, and 175 determinations of removal.