Judge’s ‘Inappropriate’ Facebook Comments Lead To ‘Harsh Lesson’

The New York State Commission on Judicial Conduct has recommended a censure for Darien Town Justice Jennifer R. Nunnery. At the heart of the judicial ethics inquiry is a series of comments Nunnery made on Facebook from December 2020 to April 2021.

So what was Nunnery’s social media presence like that it caused such an uproar? Well, in one instance she said that cross examining someone “and being absolutely F***ING AWESOME at ripping them apart on the stand like the baddest bitch there is!!!!!” was more therapeutic than shopping and tagged it “#ladyboss #bossbitch BAHAHAHA!…”

She also wrote: “Driving down the mean streets of [hometown] after tanning and thought I recognized the ass of one of my favorite marines walking through the Tops parking lot lol.” Comments on an older post that was re-shared that said, “everyone was so (expletive) hungover lol;” and that she drew male genitalia on someone’s face while they were passed out also drew the attention of the disciplinary committee.

Nunnery also liked announcements of candidates for Buffalo City Court and a local school board, which created “at least the appearance that she had endorsed those candidates,” against judicial rules.

In an extensive statement taking responsibility for her “inappropriate” Facebook activity, Nunnery told the New York Law Journal:

“I failed to appreciate that being a Judge is a 24/7 position that calls for proper decorum at all times and in all settings. There are no exceptions. My adoption of my military persona from years of service in the Army in communicating with a fellow veteran on social media, while not intended in any way to be disrespectful, was inappropriate.”

“The same is true with respect to my comments about a witness examination that had gone particularly well for my client. I should have known better, and take full responsibility for my actions.”

She also noted that she was going through a rough patch in her marriage when this happened, and the “strain was unbearable as my family is of paramount importance.” And she noted that she’s a different person now as she’s “focused on my faith, which is now a vital part of my daily existence. I strive in all of my endeavors to ensure that the words I speak, including on social media, truly represent who I am as a person. I am a hardworking attorney, and a devoted wife and a mother. As a judge, I am always respectful, fair and neutral to those who appear in front of me. This is a priority.”

In closing, Nunnery said: “I have learned a harsh lesson from this experience. My responsibilities as a judge require that I handle all of my affairs, both inside and outside the courtroom, in a manner that is respectful and responsible. I will not let the conduct giving rise to this sanction define who I am moving forward.”

Nunnery has 30 days to request a review of the commission’s determination, and if not, there will be a formal reprimand.

Kathryn Rubino is a Senior Editor at Above the Law, host of The Jabot podcast, and co-host of Thinking Like A Lawyer. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter @Kathryn1 or Mastodon @Kathryn1@mastodon.social.