By Dick LaFontaine, M. Thomas Nast, and Frankie Pressman
In New York State, if you believe that your judge was biased, that they took a bribe from your adversary’s better-connected lawyers to tank your case, or that your children were trafficked in a Family Court Cash for Kids scheme, your recourse is to the New York State Commission on Judicial Conduct. The N.Y.S. Constitution established the Commission to investigate and prosecute complaints filed against New York judges.
Robert H. Tembeckjian
Robert H. Tembeckjian has been the Administrator and Counsel to the New York State Commission on Judicial Conduct since 2003 and has been on staff since 1976. Many laud his decades of work and zealous activity in maintaining public confidence in the judiciary
“There is no time constraint in New York on examining unethical behavior that might render a judge morally unfit to remain in office,” Tembeckjian said in 2018.
Critics claim, however, that, under Tembeckjian’s watch, certain politically connected judges “skate” on serious and even criminal misconduct. Other jurists, without the support of the legal and political “ruling class,” are severely punished for minor infractions. These critics say that the Commission is used as a “judicial Gestapo” to protect the New York Uni-Party and its allies and punish everyone else, including regular civilians - the cattle culled to keep the political elite “fat and happy.”
Is Robert H. Tembeckjian a “Hack” running a “Political” Commission under the guise of a Judicial watchdog?
This article examines whether Tembeckjian is a corrupt administrator who selectively investigates and prosecutes judicial complaints. The charge is that Tembeckian, as the Commission’s “Hack in Chief,” has turned the organization into a purely political appendage in service of the corrupt interests of New York’s elected and judicial elite.
Did Trembeckjian Ignore Judicial Crimes?
We have previously covered the case of NYS Supreme Court Justice Ronald Castorina, who Richard Luthmann, a contributor for this outlet, is presently suing for breach of contract and evasion of debts. In a recent article, Luthmann claimed Tembeckjian, the administrator and legal counsel for the Judicial Commission, engaged in serious misconduct.
Before taking the bench, Castorina was an NYS Assemblyman and the Republican Party Chair for the Staten Island GOP. In August 2018, Staten Island prosecutors called him before a grand jury to investigate Luthmann’s creation of “Fake Facebook” pages targeting political candidates, including NYC Council Member Debi Rose, Attorney Janine Materna, and District Attorney Michael Edward McMahon.
Facebook Messenger messages show Castorina was Luthmann’s co-conspirator. Castorina sent Luthmann pictures to put on a fake page. Moreover, Castorina solicited Luthmann’s help, asked for his “expertise,” promised to pay him, decided on the political strategy, and was present at every step in executing the Fake Facebook scheme.
Castorina’s actions - before his being elected to the bench - were activities that palpably disqualify him from serving as a judge and maybe from holding an attorney license. At the very least, the activity taints the solemnity of the judiciary.
On August 21, 2016, at 6:37 pm, Castorina sent Luthmann a picture of Materna with Obama Attorney General Eric Holder. At 6:40 pm, three minutes later, the image was posted to the Materna Fake Facebook page with the caption: “BLACK LIVES MATTER #BLM.” Castorina said, “That’s just hysterical wow.”
On August 30, 2016, two weeks before the primary election, Luthmann sent a message to Castorina. “I think we have to do a new video,” he said. “Janine Materna is not a democrat. Janine Materna is a cunt.” “She’s a rotten one at that,” Castorina replied.
Luthmann said, “Janine Materna XXX?” and sent a photoshopped picture of a blonde woman performing a lewd act on a man.
“She will jump in front of a bus,” Luthmann said. Castorina replied: “Lmfaooo omg. Her and Weiner. There’s her pearl necklace she always wears.”
On September 7, 2016, less than a week before the primary election, Luthmann sent Castorina a message saying the hashtag #NYCHATottenville would be trending. The #NYCHATottenvilla came from the Materna fake Facebook. Castorina responded, “Good as it should be!!!!!”
On September 12, 2016, the night before the election, Tina Moore and Carl Campanile of the NY Post broke an article entitled: Fake Facebook page smears state assembly candidate. At 6:32 pm, Luthmann forwarded the story to Castorina, who replied, “She’s nuts.” Luthmann said, “She must have missed that whole First Amendment thing in law school.”
The Facebook Messenger conversation, filled with derogatory remarks, exposes a side of Castorina that contrasts with his public image and sworn testimony of professional distance. Castorina taints the solemnity of the judiciary.
The evidence of Castorina’s misconduct and crimes demonstrating unfitness for office was submitted to the Judicial Commission on January 25, 2023.
On February 20, 2024, the Commission issued a letter dismissing the complaint against Castorina.
“Upon careful consideration, the Commission concluded that there was an insufficient indication of judicial misconduct to justify judicial discipline,” the letter stated.
However, two weeks earlier, Tembeckjian sent Castorina a letter informing him that the complaint was “going away.”
“The Commission on Judicial Conduct has considered a complaint from Richard A. Luthmann, dated January 25, 2023, alleging inter alia that you perjured yourself when you testified before the Grand Jury in People v. Luthmann. The Commission dismissed the complaint as unsubstantiated. I am advising you of this disposition because Mr. Luthmann published multiple articles in which he indicated he had filed a complaint with this office,” Tembeckjian’s signed letter stated.
Late last month, Luthmann called “bullshit.” In both a letter to Tembeckjian and responsive papers filed in a matter related to these issues before Justice Louis L. Nock in the Supreme Court of New York County, Luthmann produces clear evidence to show that Castorina’s 2018 Grand Jury Testimony was dishonest and that the Commission is looking the other way.
Luthmann also suggests the reasons why: corruption and politics.
“Judicial Fellatio”
In a purely Luthmannesque fashion, in a June 28, 2024, letter to the Commission, he levied charges that Tembeckjian engaged in prohibited dishonesty and a cover-up of Castorina’s malfeasance and crimes:
Concerning Castorina, you sent him a letter about the above-referenced complaint. Your letter stated:
“The Commission dismissed the complaint as unsubstantiated.”
Your statements in said letter are dishonest and false.
I am informed that the Commission “skirted” the Castorina perjury issue by stating that Castorina’s alleged conduct was not sufficiently related to judicial functions and thus was not reviewable by the Commission. That is not the same as “unsubstantiated.” I would know better if my copy of the Commission’s decision wasn’t “gutter-served” on me.
The Commission never explicitly stated that Castorina didn’t lie under oath and perjure himself. The Commission never explicitly stated that Castorina didn’t engage in felonious conduct.
Such alleged misconduct is so serious that Castorina's honesty, trustworthiness, and fitness, as documented, are, per se, ethical malfeasances that require reporting.
Let’s not mince words. You are lying for Castorina in this act of “judicial fellatio.” That is troubling. It is also an ethical violation of the Rules of Professional Conduct Rule 8.4 (b), (c), and (d). [emphasis added]
Luthmann says Tembeckjian and the members of the Commission are engaged in willful blindness or worse.
Richard Luthmann alleges Robert H. Tembeckjian is complicit in covering up Castorina’s past misdeeds.
The basis for the dismissal of the complaint was that Castorina’s alleged conduct was not judicial in nature. The Commission’s letter stated there was “an insufficient indication of judicial misconduct to justify judicial discipline.”
But this is a fundamental misapplication of the law and the rules. Why? Because Tembeckjian said so himself in the Washington Post on September 25, 2018.
In his article, “Yes, we can investigate decades-old allegations against judges. I’ve done it.” Robert Tembeckjian states that Judges can be investigated, disciplined, and removed for misconduct predating their judicial service. This includes actions from decades ago, such as Bryan R. Hedges, who was removed for abusing his niece 40 years prior.
Tembeckjian noted, “There is no time constraint in New York on examining unethical behavior that might render a judge morally unfit to remain in office.” He emphasized the importance of fair and thorough investigations, even for historical allegations, to maintain public confidence in the judiciary.
He pointed out the lack of a federal equivalent to state commissions for disciplining judges and called for change. “The federal court system has no equivalent to the independent state commissions,” Tembeckjian stated. These commissions, he argues, ensure accountability and uphold judicial integrity.
Tembeckjian lauds the integrity and transparency of the judicial conduct oversight process in New York State. He states, "Judges have to be free of conflicts of interest... act in a manner that promotes public confidence."
Luthmann charges that neither Tembeckjian nor the Commission is accountable to anyone, and as a result, the Commission and the N.Y.S. Courts enjoy little public confidence.
“They aren’t God. They believe they are above the rules. The fact that attorneys and judges are reviewing the previous conduct of a current New York State Supreme Court Justice does not exempt them from their ethical responsibilities. Transparency and accountability are paramount in cases like Castorina’s because the public perceptions of the judicial system's integrity are squarely at issue,” Luthmann said.
Luthmann points to Castorina’s pattern of actions that show his misogynistic tendencies and unfitness for judicial office. One Fake Facebook post featured female attorney Janine Materna with reviled sex offender Anthony Weiner, stating: “SOLID ON WOMEN’S ISSUES.” Castorina replied: “lmfao ha ha ha.” Facebook Messenger messages have Castorina calling women “Rotten [Explitive part of female anatomy]” and referring to sex acts and “pearl necklaces.”
“This is not the temperament of someone who belongs on the bench. But while Tembeckjian called for these issues to be fully investigated in 2018 when it was Brett Cavanaugh, Castorina gets a free pass,” Luthmann said. “This is selective and politically motivated. Look at what they did to former Brooklyn Surrogate Thompson, whose alleged statements were at least as bad as Castorina’s. In many ways, Castorina’s were worse because women comprise more than fifty percent of the population. But the Brooklyn machine wanted Thompson out, and Tembeckjian obliged.”
In January of last year, Brooklyn Surrogate’s Court Judge Harriet Thompson agreed to retire amid allegations of biased and inappropriate comments. The Commission thoroughly investigated Thompson for alleged racist and anti-gay remarks.
In January 2023, Brooklyn Surrogate’s Court Judge Harriet Thompson agreed to resign, citing health problems, amid a Commission investigation.
Tembeckjian then stated, “The case against Thompson was egregious and, if established at trial, would have warranted her removal from office.” Thompson cited a shoulder injury as her reason for stepping down. Tembeckjian added, “She now claims a medical condition prevents her from performing judicial duties, which opens a different path for her immediate and permanent departure from the bench.”
But Tembeckjian’s statements were nowhere near as harsh against former Bronx Surrogate’s Court Judge Lee L. Holzman, whom the Commission recommended removed in 2012 after a full investigation. Holzman was ultimately censured and retired shortly after that. The Commission found Holzman let cronies loot the estates of Bronx residents who died without wills.
The one and only “Boss” of Brooklyn, Frank Seddio.
Tembeckjian had not a bad word to say against former Brooklyn Democratic Party Leader Frank Seddio when he stepped down as Surrogate in 2007. The Commission was amidst a probe into allegations that Seddio sent campaign cash to political cronies. Tembeckjian’s official statement was “no comment.”
Actionable Misconduct
Luthmann’s letter says the failure to entertain or investigate Castorina’s clearly egregious and disqualifying actions is actionable against the attorneys involved, including Tembeckjian.
Is Robert H. Tembeckjian liable for misconduct?
“This situation is analogous to one where DNA evidence implicates a sitting judge in a cold-case murder. The evidence here is as serious as a heart attack. Inexplicably, Officers of the Court are turning a blind eye,” Luthmann said. “Politics and corruption are the only reasons why.”
Luthmann believes that these lawyers and judges engaged in misconduct. His letter to Tembeckjian lays out a solid case:
All the [Commission’s] lawyers can report Castorina’s activities that were not effectively connected to his role as a judge, but that reflect upon his honesty, trustworthiness, or fitness as a lawyer – as this allegation pre-dates his election to the Bench.
The Judge members of the Commission must also report Castorina’s misconduct as an attorney. See In re Court's Discharge of Its Responsibilities, 2023 NYLJ LEXIS 2250, *14-15:
“There are certain situations where confirmed misconduct is so egregious that the attorney's honesty, trustworthiness or fitness has been documented and, as such, reporting of the matter to the respective attorney disciplinary committee is mandatory. These instances included: "an attorney 'engaged in a deliberate deception, intended to perpetrate a fraud and deceive the parties and/or the court' (Opinion 02-85), 'admitted under oath that he/she committed perjury' (Opinion 07-129), or falsely advised a client a lawsuit had been settled when, in fact, the attorney discontinued the suit and paid the settlement out of their own funds (see Opinion 13-77).
Moreover, where a judge 'concludes that an attorney deliberately sought to deceive the court and acted extremely unprofessionally in defiance of court directives' concerning the attorney's numerous failures to appear, we said the judge must report the attorney (Opinion 09-142)." (Id. Op 22-123 at 2 [2022].)
Reporting is also mandatory when "an attorney 'has attempted to unduly influence the judge's decisions and has acted extremely unprofessionally' (Opinion 05-37); and when a plaintiff claims eight months after trial that his/her attorney never informed plaintiff of a substantial settlement offer (Opinion 02-129)" (id. Op 09-142 at 1 [2009]).”
Castorina’s perjury, conceded by the Commission as occurring but outside of the scope of his activities as a judge, is serious malfeasance falling in the per se reporting category. This misconduct could have serious implications for the integrity of the judicial system.
Luthmann says Castorina should be removed from the bench immediately, and the only reason why he is getting a pass is because Tembeckjian needs the former Republican Party County Chairman politically.
“Tembeckjian is a Democratic Party political hack and has been for his entire career. He’s giving Ron [Castorina] a free pass to curry favor with Republicans to protect the Commission’s budget and his own power, just in case Lee Zeldin is elected Governor in 2026. And this isn’t a pipe dream. Tembeckjian’s own history and sworn testimony reveal his motivations,” Luthmann said.
Luthmann says the public deserves to know what the Commission’s entanglements are. He also says the Commission members have a heightened duty to act ethically and report misconduct when they see it.
“The fact that attorneys and judges are reviewing the previous conduct of a current New York State Supreme Court Justice does not exempt them from their ethical responsibilities. Transparency and accountability are paramount in such cases.”
We did a deep dive into Tembeckjian’s history and past statements. Luthmann’s claims appear to have merit.
Robert H. Tembeckjian’s Political Motivations
Robert H. Tembeckjian is the Administrator and Counsel of the New York State Commission on Judicial Conduct, a role he has served since 2003. He has been on staff with the Commission since 1976. There is no question that he is an accomplished man.
Tembeckjian was graduated from Syracuse University, Fordham University School of Law, and Harvard University's Kennedy School of Government, where he earned a Master's in Public Administration. In 1994, he was a Fulbright Scholar in Armenia, teaching constitutional law and ethics at the American University of Armenia and Yerevan State University and advising the Armenian Parliament on drafting a new constitution.
From 2003 to 2007, Tembeckjian served on the Advisory Committee to the American Bar Association Commission to Evaluate the Model Code of Judicial Conduct. He is on the Board of Directors of the Association of Judicial Disciplinary Counsel. He has served as a trustee of the Westwood Mutual Funds and the United Nations International School, and he is on the board of directors of the Civic Education Project. He has been active in ethics and professional responsibility committees of the New York State and New York City Bar Associations.
Tembeckjian was on the Justice System Journal editorial board from 2007 to 2010. In 2022-23, he served on the Committee to Review the California Commission on Judicial Performance Operations and Structure, appointed by California Governor Gavin Newsom.
Tembeckjian has published numerous articles in national media and has a Muck Rack profile.
Tembeckjian ran for Congress in 1984 on the Democratic Party ticket. He lost the primary election for the Manhattan seat.
Tembeckjian has been a politically active member of the Democratic Party for decades. In 1984, he ran for Congress in Manhattan but lost the primary.
While Tembeckian was a “party man” for four decades, he has recently become much more politically outspoken—the reason is Donald Trump.
Since Trump took office in 2017, Tembeckijan has become extremely vocal. The 2018 Washington Post piece cited above was released in opposition to Trump’s Brett Cavanaugh U.S. Supreme Court nomination. In 2019, while being honored by the Armenian Bar Association, he said:
“These are not easy days to be in public service. Our national leadership has strayed so far from the idealism embodied in the call of our 35th president to ask what we could do for our country. It has now become a daily routine of the 45th president to denigrate the devoted men and women of our civic institutions: a respected court is derided as “disgraceful” for disagreeing with him, an honorable public servant is disparaged for directing a “witch hunt,” a dignified United States senator is ridiculed for having become a prisoner of war, ancient cultures are denigrated in malicious stereotype, and an entire gender is devalued and abased.”
Since it first became clear that Trump’s SCOTUS and lower federal court nominees would turn the federal judiciary to the right, Tembeckjian has strongly advocated for a signature Democratic federal judicial reform: a U.S. Supreme Court Ethics Code. He wrote about it in the Washington Post five years ago.
With Trump gone, Tembeckjian didn’t stop. Two years ago, he advocated in The Hill for a “Federal Inspector General,” palpably to reign in the Trump-Era judges in ways never imagined by the Constitutional Framers or anyone else, aside from career administrators of the court system.
Joseph W. Belluck [L] and Robert H. Tembeckjian [R]
Earlier this year, Tembeckjian enlisted the Commission’s Chairman, Mesothelioma Attorney Joseph W. Belluck, in another attempt to call for a Supreme Court Code of Ethics in a piece in the New York Law Journal. Belluck was recently re-appointed by Hochul, having first been appointed by David Patterson in 2008.
But Tembeckjian’s most telling political maneuvering is in plain sight—in his testimony before the N.Y.S. Legislature on the budget.
The Republican Collector: Currying the Favor of Republican Judges
What substantiates Luthmann’s charges of “judicial fallatio”? Robert H. Tembeckjian’s own statement before the Joint Budget Committee of the N.Y.S. Legislature on January 25, 2022.
“[N.Y.S.] Governor [Kathy Hochul]’s office appreciates that the Commission is a constitutionally independent agency with Judicial Branch responsibilities, not an Executive agency subject to the control of the Governor’s office, Division of Budget or other bodies that exercise authority over Executive agencies. This new and welcome cooperation could easily disappear under a future Governor, as was sometimes the case in the past. It therefore should be made permanent…”
Tembeckjian advocated for a new proposed subdivision 7 to Judiciary Law Section 42: “The commission shall transmit its annual budget request to the governor for inclusion in the executive budget without revision but with such recommendation as the governor may deem proper.”
It doesn’t take a political novice to see what Tembeckjian tried (and failed) to do. In 2022, Lee Zeldin ran for Governor. That year, the Commission requested and was granted $7,189,000 in funds from Hochul.
It’s not a secret to anyone in the legal community that the Commission is yet another enforcement arm of the N.Y.S. Democratic Party machine, which controls both houses of the Legislature with supermajorities. Tembeckjian has a friend in Kathy Hochul. But in 2022, the Commission was afraid (and rightly so) that if a Republican Governor came in, their budget might be under fire. What better way to crack down on political hacks than to defund them?
Alas, Mr. Zeldin lost the 2022 election and remains a private citizen. Tembeckjian was rewarded. In the 2024 budget, the Commission now receives $8,128,000, almost $1 million more than two years before, and the full amount he requested.
But New York’s political winds are changing. According to last month’s Siena poll, Hochul's favorability rating is at its lowest, 38%, with 49% of respondents viewing her unfavorably. Lee Zeldin or another Republican may very well take the Governor’s Mansion in 2026.
That makes Tembeckjian’s interactions with Castorina all the more alarming.
“Bob Tembeckjian is as astute politically as anyone,” said a prominent Manhattan Democratic consultant speaking under conditions of anonymity, who has known the long-time administrator for “decades.”
Somebody must ask the question: Are Robert H. Tembeckjian and the Commission on Judicial Conduct looking the other way on certain judges to curry their favor, gain their allegiance, and protect their budget?
One Albany insider says, “Probably.”
N.Y.S. Supreme Court Justice Ronald Castorina, Jr.
“Ron Castrorina is a former Assemblyman and NYC County Chair in Staten Island, where they actually elect Republicans. He is also the first openly gay Republican Supreme Court Justice in New York history, and his term goes well into the next decade. Of late, he has come under fire of late for being anti-cop. Republicans won’t help him beat these perjury claims or any other allegations. He needs cover, plain and simple. Tembeckian is getting him cheap. Ron will be yet another Republican Judge the Commission will call on for budget and other favors, particularly if Zeldin takes it in 2026,” the source said.
We contacted Robert H. Tembeckjian at the Commission for Judicial Conduct for comment on this article. He did not respond as of press time. Richard Luthmann also reports that he has not received any response from Tembeckjian, any other member of the Commission, or any other New York State officials in response to his June 28 letter, which Tembeckjian by email.
“Politics make strange bedfellows, but the bullshit these judges do takes the cake,” Luthmann said. “Everything is a contract. When you’re in Family Court, lose your kids and don’t see them for months, are arrested for domestic violence, have your guns taken away, and it’s all done behind your back, an N.Y.S. judge has to sign that ex parte order. Castorina has signed plenty of those.”
Castorina [L] and Luthmann [R] at the Judge’s 2016 NYS Assembly victory party.
Luthmann says the same things happen with commercial cases and boundary disputes.
“The fix is in with any corrupt judge, not just ones that take envelopes. The prevailing logic is that when you have someone who is biased, or a perjurer, or a misogynist, that person can’t be a judge. You don’t know whether their rulings and decisions come from law and reason or a darker place of hate or greed. Ron Castorina takes the trifecta, and Robert Tembeckian is just as bad - if not worse - for allowing him to continue to do so.”
Of Trump, Tembeckjian lamented that “an entire gender is devalued and abased.” Donald Trump never called Hillary Clinton, Nancy Pelosi, or even Rosie O’Donnell a “Rotten C-word.” And while Trump denies “golden showers” in Moscow, Justice Ronald Castorina can’t deny “pearl necklaces” on Staten Island.
These allegations are of some consequence. We spoke to several female attorneys who practice in the Staten Island courts. None wanted to go on record, fearing retaliation for appearing to support Richard Luthmann’s claims. However, several did say that they felt Justice Castorina treated female and male attorneys differently.
“There is a feeling that [Castorina] has his select ‘old boys club.’ It’s a shame but not unexpected. Staten Island tends to be twenty years behind the times in many areas,” said one unnamed attorney who practices matrimonial law throughout NYC.
We contacted the Office of Court Administration Press Office for comment from Justice Castorina. As of press time, we had not received any.
Family Court Racketeerring/Human Trafficking @www.judicialcriminal.com
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