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James P. McClusky
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James P. McClusky is a judge of the Supreme Court 5th Judicial District in Jefferson County, New York. He was elected to this position on November 8, 2011, (effective January 1) for a 14-year term ending on December 31, 2025.[1][2]
Education
McClusky earned his B.A. in economics and political science from Hartwick College in 1985. He earned his J.D. from the University of Buffalo Law School in 1988.[3]
Career
- 2011-2025: Judge, Supreme Court 5th Judicial District
- 1988-2011: Attorney, McClusky Law Firm LLC
- 2006-2011: Conflict defender, Lewis County
- 2003-2011: Justice, Watertown Town Court[3][4]
Elections
2011
- Main page: New York judicial elections, 2011
McClusky ran for election to the Supreme Court 5th Judicial District on November 8th. According to unofficial election results from November 9, McClusky won one of the four contested seats with 14.8 percent of the vote. He was endorsed by the Republican, Independence and Conservative parties for the seat traditionally held by a Jefferson County resident.[1]
Other candidates included Charles C. Merrell, Prescott E. Klosner, Michael F. Young, Erin P. Gall, Patrick F. MacRae, David Magnarelli, Thomas Buckel, John G. Stone and Claudia Tenney.
Candidates sought to replace retired/retiring judges Michael E. Daley (Herkimer County), Hugh A. Gilbert (Jefferson County), Joseph D. McGuire (Lewis County) and Samuel D. Hester (Oneida County). An unwritten practice called "home rule" states that a judge from each county should serve on the district's Supreme Court.[5]
Noteworthy cases
Judge orders no prison time for man who pleaded guilty to rape
On April 25, 2019, Judge McCluskey sentenced Shane Piche, who had pleaded guilty to rape in February, to probation but no time in prison. Piche, who had been working as a school bus driver, was convicted of raping a 14-year-old girl on his route. He was sentenced to 10 years on probation and required to register as a Level 1 sex offender, meaning that he was considered to be at minimal risk of re-offending and is not visible in online sex offender databases. Three protective orders issued at the sentencing prohibited Piche from spending unsupervised time with minors. Judge McCluskey said that Piche's clean prior arrest record and the fact that there were no additional victims were among the reasons for his sentence.[6]
New York Attorney General wins case to ban sale of mislabeled designer drugs
In a decision filed January 7, 2013, Justice James P. McClusky of the Supreme Court 5th Judicial District in New York held business owner John Tebbetts III responsible for selling mislabeled drug products to consumers. Tebbetts, who owned and operated a chain of eight "head shops" in Central and Southern New York, denied that the products were intended for human consumption. However, Justice McClusky found clear evidence that "these items were marketed and sold for human consumption notwithstanding labeling that indicated it was not for human consumption."[7] Tebbets was also found liable for the illegal sale of nitrous oxide, which was sold under circumstances that made it clear that it was being sold to provide users with a high, rather than for a legal use.[7]
The ruling "permanently bans the sale of any mislabeled, misbranded or unapproved drugs or intoxicants" and makes it "immediately illegal to mislabel and sell unapproved drugs and substances for human consumption," including illegal drugs like bath salts and synthetic marijuana.[7][8]
Attorney General Schneiderman's office conducted an undercover investigation into shops like those run by Tebbetts across the state, and discovered not only that retailers were selling designer drugs, but that their employees were promoting them and advising purchasers how to ingest them. Schneiderman filed lawsuits against 16 head shop locations. He has stated that Justice McClusky's ruling "will be another important tool in dismantling an insidious growth of illicit over-the-counter drug sales within our communities."[7]
See also
- Courts in New York
- Counties in New York
- Judicial selection in New York
- New York judicial elections
- New York
External links
Footnotes
- ↑ 1.0 1.1 Associated Press, "Unofficial 2011 New York Election Results: Supreme Court," November 8, 2011
- ↑ American Judicature Society, "Methods of Judicial Selection: New York," archived March 8, 2013
- ↑ 3.0 3.1 New York Court System, "2011 Voter Guide: Hon James P. McClusky, Candidate for the Supreme Court Fifth Judicial District," accessed May 13, 2015
- ↑ Watertown Daily Times, "McClusky to be sworn in as state judge on Monday," December 30, 2011
- ↑ Watertown Daily Times.com, "Independence Party slate of Supreme Court judge candidates mirrors Republican picks," September 27, 2011
- ↑ Live 5 News, "Man who pleaded guilty to raping 14-year-old girl gets no jail time," April 27, 2019
- ↑ 7.0 7.1 7.2 7.3 WBNG.com, "Schneiderman wins NYS Supreme Court case banning sale of mislabeled designer drugs," January 8, 2013
- ↑ WETM 18 Online, "New York State wins in synthetic drug ruling," January 8, 2013
