Upstate New York judge admonished for drunk driving, gets credit for not pulling rank during arrest
The New York State Commission on Judicial Conduct has admonished Eric T. Mortenson, a justice of the Gallatin Town Court in Columbia County, for driving under the influence of alcohol.
The commission simultaneously praised him for something that should be unremarkable: not trying to use his title to dodge consequences.
That this qualifies as praiseworthy tells you everything about the judiciary's expectations of itself.
What Happened in May 2024
Mortenson was stopped by New York State Police in May 2024 for failing to signal, according to Syracuse. Officers observed signs of impairment. He failed three field sobriety tests and registered a blood alcohol content of .07%. He was charged with driving while impaired and a traffic infraction.
Both charges were ultimately dismissed on the prosecution's recommendation.
Mortenson, who is not an attorney, has served as a Gallatin Town Court justice since 2020. His current term runs through Dec. 31, 2027.
The Admonition
On Jan. 5, Mortenson, his attorney, and Commission administrator Robert H. Tembeckjian entered into an agreed statement of facts, stipulating to the facts and sanction and waiving further submissions and oral argument. The commission accepted the agreement on Jan. 29, and the admonition was dated Feb. 20.
Ten commission members concurred with the determination. One dissented.
The commission's determination stated:
"He acknowledged that it was inappropriate and dangerous for him to have driven while under the influence of alcohol and that public discipline is warranted."
Mortenson has 30 days from receiving the determination to request a review by the Court of Appeals. If he does not, the commission will formally admonish him in accordance with the determination.
The Low Bar of Not Flashing a Badge
Tembeckjian praised Mortenson's conduct during the proceedings, noting that the judge did not assert his judicial office to avoid arrest. His comments deserve to be read in full:
"Driving after excessive drinking violates the law, which judges are obliged to observe."
"To his credit, Judge Mortenson took responsibility and did not invoke his title to try to evade the consequences, unlike others whose discipline was increased for trying to leverage their public office for leniency."
There's a revealing phrase buried in that second quote: "unlike others." Tembeckjian is acknowledging, plainly and on the record, that judges invoking their office to escape accountability is common enough to warrant a specific comparison. Mortenson is being graded on a curve where simply behaving like a normal citizen during a traffic stop counts as commendable judicial character.
Charges Dismissed, Career Intact
Consider the sequence of events. A sitting judge:
- Drove after drinking
- Failed to signal
- Failed three field sobriety tests
- Registered a .07% BAC
- Was charged with driving while impaired
The criminal charges were dismissed on the prosecution's recommendation. The judicial discipline amounts to an admonition, the lightest sanction the commission can issue. He remains on the bench through 2027.
For an ordinary citizen in New York, a DWI charge, even at .07%, typically means legal fees, potential license suspension, mandatory courses, and a record that follows you into job interviews for years. Mortenson walks away with a public scolding and a pat on the back for not making it worse.
The Real Story
This isn't a story about one small-town judge who had too much to drink. That's a personal failing, and Mortenson at least had the decency to own it. The real story is institutional. It's about a system where the baseline expectation for judicial conduct has eroded so far that simple honesty during a traffic stop earns public commendation from the state's own judicial watchdog.
Tembeckjian's praise wasn't accidental. It was pointed. He was drawing a contrast with other judges who played the "do you know who I am" card and received harsher discipline for it. The commission clearly wants to incentivize cooperation by rewarding it publicly.
Fair enough. But the public should be clear-eyed about what that incentive structure reveals. The people who sit in judgment of others are held to a standard so forgiving that not abusing your power is treated as a virtue rather than the bare minimum.
Mortenson took responsibility. Good. The system that let his charges evaporate while handing him the mildest possible rebuke has yet to do the same.



