TOWN OF STOCKHOLM, New York (WWNY) – A Stockholm town justice resigned in February after the New York State Commission on Judicial Conduct determined he should be disciplined for multiple acts of judicial misconduct.
Kevin Fiske, who is not an attorney, served as Stockholm town justice since April 2023. His term was set to expire at the end of 2027.
As part of his resignation, Fiske agreed never to return to the bench.
Dismissed cases without prosecution notice
The commission’s formal complaint alleged Fiske dismissed and reduced charges without notice to or consent of the prosecution in nine separate cases.
In one case, the commission said Fiske told a defendant in court, “It’s better when the DA’s not here,” and “I always say this court’s kind of like Andy Griffith,” referring to the 1960s TV sitcom “The Andy Griffith Show.”
In another case scheduled for trial, Fiske, without notice to the prosecution, offered a plea bargain to a defendant.
He dismissed a charge even though the prosecution said it wouldn’t drop the charge, the commission said.
Facebook posts cited as evidence of bias
Outside of court, the commission accused Fiske, a former law enforcement officer, of posting content to his public Facebook page that “created an appearance of bias in favor of law enforcement, expressed bias against transgender individuals and others, and denigrated the law and the legal system.”
Among the posts cited, the commission said Fiske shared a meme featuring images from “The Andy Griffith Show” depicting “three captioned pictures from the Andy Griffith Show depicting actor Ron Howard as ‘Opie’ saying, ‘DAD, I THINK I’M A GIRL,’ followed by Andy Griffith stating, ‘WELL, YOU’RE NOT,’ and Opie responding, ‘THANKS DAD!.’”
The commission also said Fiske posted a picture of himself in a police uniform with an appreciative statement about his career as an officer, ending with the comment, “God bless the Peacemakers.”
In another post, the commission said Fiske shared a captioned image of a woman holding a rifle that read, “TEACH YOUR DAUGHTERS TO SHOOT BECAUSE A RESTRAINING ORDER IS JUST A PIECE OF PAPER.”
Private business promotion on official court website
The commission said Fiske included descriptions of his two private businesses on the official Stockholm Town Court website and repeatedly referenced his judicial position on his business’s Facebook page.
“Public confidence in a fair and impartial court is undermined when the judge decides a case after hearing one side without notice to the other. Nor does it promote respect for the law when a judge endorses vigilantism. Neither does it enhance judicial integrity when a judge casually intermixes official and personal business,” Commission Administrator Robert Tembeckjian said.
The commission has the authority to admonish, censure, or remove judges from office.
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