Candidate for Troy judge practiced law with a suspended license (UPDATED with DOCUMENTS)

KEHN

The Republican candidate for Troy City Court judge had her law license suspended from June 1999 to April 2005. And, she appears to have practiced law during that time.

Jill A. Kehn, according to a suspension order by the Appellate Division, failed to register “despite written notices sent to them by the Office of Court Administration and a notice sent by petitioner.” Attorneys must register and pay a $350 fee every two years to maintain their license.

The decision goes onto say Kehn, and a host of other attorneys included in the round-up type decision, “for the period of suspension, are commanded to desist and refrain from the practice of law in any form either as principal or as agent, clerk or employee of another, and are forbidden to appear as an attorney or counselor-at-law before any court, Judge, Justice, board, commission or other public authority or to give to another any opinion as to the law or its application or any advice in relation thereto …”

But, a determination by the Commission on Judicial Conduct barring a Troy judge from ever being a judge again indicates she represented a client on July 10, 2000, 13 months after her license was suspended.

The 2004 determination – which banned Troy City Court Judge Hank Bauer from the bench for life for a host of improprieties - states Kehn represented Marilyn Grant on an unlawful possession of marijuana charge. Grant was arrested on July 7 and Bauer set bail at $20,000. She returned to court on July 10 with her attorney, Kehn. There wasn’t a prosecutor present, but Kehn negotiated a deal that included an adjournment in contemplation of dismissal and time served. The Commission on Judicial Conduct did find problems with the sentence, but only mentioned Kehn’s name in passing.

She also worked in the Rensselaer County Sewer Department as an attorney from 2002 to 2005.

Ironically, Kehn’s name was mentioned in Republican circles to replace Bauer, who was removed from the bench about a month prior to his 2004 re-election bid, which was at the time in full swing.  

“During a period when I was primarily attending to my duties as mother of three small children and also caring for a father in law who was facing a serious illness, my license inadvertently lapsed for failing to renew a state licensing fee,” Kehn said in a statement. “When the matter came to my attention, the license was renewed and there was no disciplinary proceedings related to the lapse.”

Kehn produced a 2005 letter to Michael Novak, chief clerk of the Appellate Division, which stated “until a few hours ago, I was completely unaware that I was suspended in 1999 for failing to pay a registration fee.”

She said she had never received notification of her suspension and said she moved in October, 1999 and may not have notified the Office of Court Administration of her change of address until sometime in 2000.

“However, having received and submitted biannual registration forms on a regular basis since then, I had no reason to question my status with the court,” she wrote.

She also produced registration fee receipts for 1996 through 2001 she paid on April 19, 2000 as well as a receipt for 2002 to 2003 that she paid on Sept. 25, 2002 and one for 2004 and 2005 she paid on Oct. 18, 2004.

But, once an attorney is suspended, it takes a formal process and court order to get reinstated, which didn’t happen until 2005.

She said the issue of her license was reviewed by the Independent Judicial Election Qualification Commission, a panel that rates judicial candidates, both when she initially submitted her credentials and again when she appeared for an interview. 

“I am happy to report I came away with a rating of ‘Qualified’ following review by the Commission,” she said in a statement.

Kehn, according to her LinkedIn account, graduated from the Albany Law School of Union University in 1989 and according to the unanimous Appellate Division decision reinstating her license she was admitted to practice law in 1990.

She is running for two seats on the Troy bench, one currently held by Judge Chris Maier, who is running for re-election, and a position newly created by the state Legislature.

The third candidate is Democrat Keith Gorman.

Jill Scans