New York Judge Steps Down During Investigation into January 6 Involvement

An upstate New York judge has stepped down from his roles amid an inquiry into his presence at Donald Trump’s January 6, 2021 rally in Washington, D.C.

Judge Donald R. Spaccio, who held judicial positions in Montour Falls, Schuyler County, officially resigned earlier this September, according to documents from the New York State Commission on Judicial Conduct.

In April, Judge Spaccio learned that the commission was looking into his actions, which included attending the rally, confronting law enforcement over a propane cannon at his property, and using inappropriate language toward a code enforcement officer.

He explained to the New York Law Journal that he attended the rally because he perceived various issues plaguing the nation.

As part of the agreement with the commission, Spaccio relinquished his judicial positions and agreed not to hold any future judicial office.

Robert H. Tembeckjian, the commission’s administrator, remarked that attending the January 6 rally was “impermissible.” He highlighted that judges are barred from engaging in political activities, except for limited circumstances during campaigns.

“Regardless of whether a judge was a candidate, attending the rally in Washington on January 6, 2021, was impermissible,” Tembeckjian stated.

Judge Spaccio was present at the “Save America” rally, where Trump made controversial remarks, including a refusal to concede the election and a call to “fight like hell” to preserve the country.

The commission did not clarify if Spaccio was involved in the subsequent storming of the Capitol, which led to over 1,400 arrests.

Former President Trump has consistently claimed, without evidence, that the election was compromised by widespread voter fraud while denying inciting the violence that ensued.

Serving as justice in Montour Falls Village Court since 2001 and joining the Montour Town Court in 2005, Spaccio’s terms were scheduled to end in March 2026 and December 2025, respectively. Instead of facing the allegations and the potential cost of a legal defense, he opted to resign, expressing his appreciation for his time in public service.

The New York State Commission on Judicial Conduct accepted his resignation and concluded the matter under the stipulated terms, which could be revisited if Spaccio breaches the agreement.