Embattled judge should step aside
February 16, 2008 - 10:00 pm
Family Court Judge Nicholas Del Vecchio stands accused of sexual misconduct in recently revealed allegations dating back 15 years.
Mary Boetsch, a special prosecutor for the state’s Judicial Discipline Commission, earlier this month filed a 38-count complaint that includes accusations Judge Del Vecchio had sex with his ex-wife’s 14-year-old daughter in the early 1990s and then, a decade later, hired the girl as his judicial assistant and engaged in inappropriate conduct.
Authorities got wind of the mess in 2006, when court employees complained the judge was acting inappropriately, prompting a county investigation. The results of that probe were forwarded to the Judicial Discipline Commission, which launched its own investigation culminating in Ms. Boetsch’s findings.
No criminal charges can be filed against the judge because the statute of limitations has run out.
Judge Del Vecchio deserves the presumption of innocence, as does anyone accused of wrongdoing. But it is simply inconceivable that he be allowed to hear cases in Family Court while these serious charges are hanging over his head.
These are not just some half-cocked allegations coming from somebody with an ax to grind. The Judicial Discipline Commission has already determined that there is enough evidence to warrant further proceedings.
Court officials have few options — only the commission can remove or suspend a sitting judge. But Chief Judge Kathy Hardcastle can re-assign his cases.
Judge Del Vecchio — who is up for re-election in the fall and has drawn three challengers — has to know he is in an untenable position. He should step aside voluntarily, take a paid leave and urge the discipline commission to move forward in a quick and equitable fashion to resolve the charges.
But if he has other ideas, court officials should waste little time shifting his cases to other judges who are less compromised. And the Judicial Discipline Commission should seriously consider imposing a suspension while this case is pending.