By MATT CHANDLER
Buffalo Law Journal

New York State Supreme Court Justice Hon. Joseph Makowski was forced to resign Friday after a decade on the state's highest bench following the revelation that he made false statements in a sworn affidavit last year.

Makowski's resignation was part of an agreement with the Erie County District Attorney's Office to avoid possible prosecution on perjury criminal charges.

In a two-sentence resignation letter sent to 8th Judicial District Administrative Judge Hon. Sharon Townsend Feb. 20, Makowski made no mention of the case against former prosecutor Anne Adams, who was arrested in the Town of Hamburg in September and charged with aggravated driving while intoxicated.

Adams had been out to dinner with Makowski prior to the arrest. In the affidavit, Makowski stated that he found Adams fit to operate her vehicle as they left a restaurant on the Buffalo waterfront. Shortly after leaving the city, Adams was pulled over and registered a .19 blood-alcohol reading, more than twice the legal limit.

Makowski's statements contradicted those of several witnesses - including the officer who pulled Adams over - who saw signs that Adams, who held a full-time position at the University at Buffalo Law School, was intoxicated.

Adams pleaded guilty in Town of Hamburg Court Friday to three reduced charges, all misdemeanors. She was immediately terminated from her position at UB Law, and Dean Makau Mutua released a statement Saturday that read, in part: "This is obviously a very sad episode in the legal profession in Buffalo. We at the University at Buffalo Law School are very concerned about ethics in the legal profession. We will take whatever action is necessary to protect both the integrity of the Law School and the legal profession at large."

Under New York state law, Gov. David Paterson has the power to name a replacement for Makowski,. Any nominee would have to be approved by the state Senate and would fill the vacancy only until the general election in November.

Both Adams and Makowski face the possibility of disbarment. The local Attorney Grievance Committee, which operates under the authority of the Appellate Division of state Supreme Court, will decide what, if any, professional discipline they'll face.

Gregory Huether, chief counsel for the Grievance Committee, did not return a call seeking comment. Erie County District Attorney Frank Sedita III confirmed Wednesday morning that his office received a request from the committee to have the case file forwarded, and would promptly comply.

Sedita called the case "troubling," but stopped short of saying the two should lose their law licenses. "That's not for me to decide," he said.

"When you bring shame upon your profession, you should be treated accordingly," Sedita continued. "What really disturbed me was the nature of Judge Makowski's conduct. I think when you are a judge, you are held to a higher standard, and that is why I felt, for the good of the people, it was important that he no longer be presiding over cases - he should forfeit that privilege."

Sedita said his office's handling of the Adams case followed standard protocol for an aggravated-DWI offense. He said the plea deal eventually tendered to Adams was "the same deal I would have made to any defendant.

"Nobody is getting a special favor from this office," he said.

Sedita, who took office Dec. 31, has been outspoken about the case, leaving some obervers wondering whether he was seizing a chance to make his mark as the new head of the district attorney's office - an observation that he resoundingly confirmed.

"You tell me a time in the modern history of Erie County that a district attorney has taken down both a judge and a lawyer - not to mention in his first two months in office," Sedita said. "It has never happened before.

"I'm definitely trying to send a message to the community," Sedita continued, "that violations of the law will not be overlooked and will not be tolerated, no matter what your position in society is."

Calls to Adams' attorney, Joel Daniels, and a message left at her law office were not returned.

Makowski's attorney, James Harrington, did leave a message in response to a reporter's call, but could not be reached for comment by deadline.