A case involving a complaint about Warren County Family Court Judge Ted Wilson is heading to trial.
Both sides are now in the discovery process. They will have a court conference with state Supreme Court Justice Patrick McGrath in Rensselaer County on Nov. 15. No trial date has been set.
At issue is a complaint from attorney Melody Mackenzie about Wilson’s conduct before he became a judge.
She said he behaved aggressively and disrespectfully during a settlement conference in August 2016. She was representing one side in a protracted divorce case and Wilson, as a law clerk, was overseeing the negotiations.
She said Wilson refused to show her client the paperwork describing a potential settlement; told her client that if she did not immediately agree, her children would not be able to attend their desired school district; and “exploded” at Mackenzie with shouts and insults when she tried to ask a question about the deal.
She said he also lunged at her in an aggressive way, making her think he was about to hit her, when she demanded to see the judge in the case.
Two weeks later, she filed a complaint with Administrative Judge Vincent Caruso.
When the case got to state Supreme Court, Wilson asked for it to be dismissed on the grounds that he has judicial immunity.
But state Supreme Court Justice Patrick McGrath, who is overseeing the case, said the allegations do not involve “any judicial function,” although Wilson was working as a law clerk at the time. McGrath added that if the allegations are true, they are extremely serious.
“This conduct is outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency and to be regarded as atrocious and intolerable in a civilized community. The motion to dismiss is therefore denied,” McGrath wrote.