The first two charges involve a threatening letter sent to a Section 8 tenant - text included.
Here goes....
Charge 1. False Affidavit in Violation of Canons 1 and 2A of current code.
Prior to becoming a Judge, Michael J. Livingstone was engaged in a real estate venture with a partner, Raymond Hotte, "High Low Properties, New Bedford MA" . When he was appointed to the bench in 2002, Judge Livingstone was supposed to remove himself from business dealings tending to: (among other things)
- Reflect adversely on the Judge's impartiality or
- Interfere with proper performance of his judicial position or
- May invovle him in frequent transactions with lawyers or people likely to come before the court on which he serves or
- May reasonably be perceived to exploit the Judge's judicial position
3 years into his Judgeship, in 2005 a contractor sued Mr. Hotte to collect a balance for work performed at the properties in April, 2004, contracted for with Mr. Hotte's signature. A trial was scheduled - ultimately rescheduled twice and Judge Livingstone was a no show at every date.
August 25, 2005 Judge Livingstone:
- Filed a motion requesting to be excused from appearing.
- Filed a notarized affidavit swearing under the pains and penalties of perjury that he had not been actively involved in the property management...
- ... confirmed that Mr. Hotte had acted as property manager and all related tenant matters, rent collection etc.
When Judge Livingstone made these statements, he knew they were not true:
- Judge Livingstone in fact had been actively involved in the property management since December, 2004 when he and Mr. Hotte had a falling out.
August 26, 2005 - one day after filing the false affidavit he:
- Signed 2 contract renewals for tenants
- Sent the following letter to one of his tenants: (Her name and address withheld out of respect)
Dear Ms._____
As you know, I am the co-owner of (Street address withheld out of respect), New Bedford along with Mr. Hotte. Enclosed is a copy of the renewal of your lease with the NEw Bedford Housing Authority, Section 8 program which I have signed. Also please find copies of your utility bills for your apartment which are in my name and I am paying.
Beginning 9/1/05 in accordance with the terms of your lease agreement, you are to forward to me a check payable to "High Low Properties" in the amount of $204.00 each month being your share of the utility and rent payment as determined by the housing authority. I, in turn will continue to pay your gas and electric bills according to the lease agreement. Do not give your payment to Mr. Hotte as you have done in the past. If I do not receive your monthly payment, I will not pay your utility bills and will have you evicted from your unit for failure to pay your rent as required. If Mr. Hotte should take any action against you for complying with the instructions of this letter, or bring any legal action against you regarding the same, I will provide and pay for your legal defense as long as you continue to send me your monthly check as instructed.
Closing paragraph omitted in this blog. Judge cc'd Mr. Hotte
Charges assert the Judge violated:
By making false statements in his affidavit
- Canon 1 "A Judge shall participate in establishing, maintaining, and enforcing high standards of conduct and shall personally observe those standards."
- Canon 2(A) "A Judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
By avoiding his business responsibilities and legitimate debts of the partnership.
- Further violated Canons 1 and 2A
By failing to appear in court to present his motion, or to ascertain if he needed to comply with any court order.
- Still further violated Canons 1 and 2A b
Charge 2. The tenant Letter/Improper Threat in violation ...
By sending the tenant letter
- MA law. If he had followed through on his threats, it would have constituted a crime and formed the basis for a civil suit by the tenant.
- MA Gen Laws and Consumer protection regulations regarding landlords willfully failing to furnish utilities, punishable by fine or imprisonment up to 6 months.
- More violation of Canons 1 and 2A
"The fact that Judge Livingstone is a judge makes his improper threat to (his tenant) even more serious, given the potentially coercive effect of his letter."
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There are 6 formal charges violating canons 1,2,4 and 5. I attempt to summarize and present in lay terms, sometimes using exact wording of full text which can be viewed at www.mass.gov/cjc Click on Press Releases then scroll to the first release re: Judge Livingstone dated 10/20/07. Full text follows the press release.
Please share this information widely, and let us know your thoughts - SHOULD HE RESIGN?
Send letters to the Governor, the Attorney General, Local Press, the ACLU anyone you know who can help create a public outcry and demand for discipline.
THANK YOU!
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