Oswego County Court Judge Walter Hafner decided he could not hear cases involving the county district attorney's office after the district attorney filed a complaint against him, sources said.
Oswego, NY -- The longtime Oswego County judge who stopped hearing county criminal cases last week felt obligated to do so after a judicial complaint filed by District Attorney Gregory Oakes, sources said.
County Court Judge Walter Hafner Jr. left the bench during a trial without explanation last Wednesday, leaving another judge to handle jury deliberations.
The criminal court judge's decision to stop hearing any case by the county DA's office was prompted by Oakes' complaint against him to the Commission on Judicial Conduct, three sources said. Because Oakes is the chief prosecutor for the county, Hafner decided that he couldn't hear cases by any county prosecutor, said sources who are familiar with both sides.
The sources did not reveal the substance of the complaint.
Complaints against judges are confidential, meaning neither the judge nor the head prosecutor can talk about them. The state court system also is forbidden from disclosing if a complaint exists. In fact, the judge himself is not required to state a reason for stepping aside, as long as it falls under judicial code for judge disqualification.
"A judge shall disqualify himself or herself in a proceeding in which the judge's impartiality might reasonably be questioned," the code reads. Among those reasons: "The judge has a personal bias or prejudice concerning a party."
Hafner declined a chance to provide a specific reason for his decision to step aside. When asked Tuesday, Oakes said he "didn't know of a reason" Hafner disqualified himself.
Today, Oakes clarified his statement. "I do not know why he recused himself," the DA said. "The judge has not provided any reason for his recusal." Later, he added: "Judge Hafner is in the best position to discuss why he has recused himself. I can't explain his decision."
A state court official said he did not know Hafner's reason for stepping aside. But he said the judge, who makes $146,400 a year, will stay busy with other work.
Hafner will get "a full caseload" of assorted matters, from uncontested matrimonial cases to substituting in other counties, said Fifth Judicial Executive Michael Klein.
"He's going to be fully busy on other things," Klein said.
The commission that handles complaints against judges can often take a long time to make a ruling on the complaint's merit.
Until then, a collection of Oswego County judges will hear criminal cases. Those include fellow County Court Judge Donald Todd, Surrogate's Court Judge Spencer Ludington and Oswego City Court Judge James Metcalf, among others.
But Todd is generally disqualified from taking cases involving the sheriff's office because his brother, Reuel Todd, is sheriff.