Judge in Queens with a history of legal blunders should face mandatory retirement, critics argue

In the heart of New York City, the courtroom of Judge Michael Aloise has been a subject of controversy. Court records show that at least three appellate courts have shortened defendants' prison terms after finding that Aloise imposed excessively long sentences.

Higher courts have also tossed convictions reached in Aloise's courtroom six times, due to infringements on defendants' rights. The mishandling of jury selection and deliberations by Judge Aloise has been a recurring issue, most recently highlighted in a 2023 appellate decision regarding a 2019 trial.

One notable instance occurred this July, when an appellate court reversed a murder conviction because Aloise kicked a friend of the defendant out of the courtroom for sleeping during proceedings, which the higher court said violated his right to an open trial.

Apart from Judge Aloise, retired judges Desmond Green and George Villegas have also had cases overturned due to infringements on defendants' rights. Green's cases were overturned because higher courts found he allowed prosecutors to use evidence that was illegally obtained, while Villegas imposed a sentence that an appellate court later found was too long.

The annual process to determine whether judges in their 70s can remain on the bench is typically secretive, and input submitted during the public comment period is kept confidential. However, a public notice seeks input on judges of retirement age, asking for comments on their legal abilities, capacity, judicial demeanor, integrity, character, and commitment to equal justice.

The database created by the judicial transparency organization Scrutinize shows that Aloise has a higher sentence reduction rate than almost 98% of New York state judges in the dataset. This, along with a high rate of reversed decisions, has led a group of criminal justice reform advocates, Peter F. Martin and Katie Schaffer, to submit a letter urging state court officials to force Judge Michael Aloise into retirement.

The Center for Community Alternatives, one of the groups behind a successful 2023 movement to block Judge Hector LaSalle from being appointed, has submitted a 12-page letter criticizing Aloise's record. The letter alleges that Aloise's actions have created a perception of bias against defendants and in favor of law enforcement.

In one case, appellate judges found that Judge Aloise didn't take necessary action when a defense attorney raised concerns that prosecutors were illegally striking Black men from a jury. This incident further fuels the perception of bias against defendants in Aloise's courtroom.

The campaign to unseat Aloise comes as some judges and state lawmakers seek to raise the retirement age for New York judges. Despite this, the question of Aloise's continued tenure remains a contentious issue in the city's legal community.

One notable instance that drew scrutiny was when Judge Aloise showed up to court in a purple tie during the high-profile trial of Chanel Lewis. In another case, Judge Aloise sentenced NYPD Detective Kevin Desormeau only to probation and a $500 fine, despite prosecutors asking for a six-month jail term, in a case where he was convicted of perjury.

Appellate courts have reversed Aloise's decisions about whether to suppress evidence at a rate higher than nearly 95% of active New York state judges. They have also reversed several convictions because Judge Aloise broke procedures for handling notes from the jury during deliberations. Court records show that an appellate court reassigned a case from Aloise due to statements he made at sentencing.

As the debate over Judge Michael Aloise's tenure continues, it is clear that his courtroom practices have raised significant concerns about fairness and impartiality. The future of his position remains uncertain, as calls for his retirement grow louder in the face of these controversies.

Judge in Queens with a history of legal blunders should face mandatory retirement, critics argue