A Perth town justice who has not heard cases since May is still drawing a paycheck as he faces a lawsuit alleging sexual harassment, the Perth town supervisor said.

Town Justice Wayne McNeil was accused May 2 in a 23-page suit filed in U.S. District Court in Albany of sexually harassing Justice Lisa Wallace since 2022. Wallace also filed suit against the town and Supervisor Gregory Fagan.

McNeil hasn’t heard cases since then, Fagan said, but must still be paid. The position paid $15,300 in 2024, reports GovSalaries, an online database that archives public salaries. McNeil is uncontested for re-election in the Nov. 4 general election.

“With any elected official, they get paid whether they show up or not,” Fagan said.

“A directive came down from the deputy chief administrator” to not hear cases, said McNeil’s personal attorney, retired state Supreme Court Justice Dick Aulisi of Caroga Lake. “There is nothing he [McNeil] would love more than to go back to work.”

Officials with the state court system’s 4th Judicial District have declined comment. The district oversees municipal courts in Clinton, Essex, Franklin, Fulton, Hamilton, Montgomery, Saratoga, Schenectady, St. Lawrence, Warren and Washington counties.

McNeil denied the allegations in a response filed May 27, seeking the dismissal of Wallace’s lawsuit, saying McNeil is not an “employer” under Title VII or the New York State Human Rights Law and not amenable to suit under the statutes.

However, judges in New York are governed by the Rules of the Chief Administrative Judge, and sections 100.3(C) and 100.4 require a judge to cooperate with other judges and court officials, and to avoid conduct that would “detract from the dignity of judicial office.”

The rules also require judges to follow the New York State Bar Association’s Rules of Professional Conduct, which prohibit harassment on the basis of sex under Rule 8.4(G).

Wallace alleged that between January 2022 and February, McNeil repeatedly subjected her to insults, discriminatory suggestive comments both in the town court offices and as Wallace worked with the Perth Youth Commission.

Among the comments outlined in court papers:

McNeil frequently commented on her clothing, the suit claims, saying McNeil had difficulty concentrating when Wallace wore a dress; that she should not wear clothes under her judicial robe; and that he would take her on a cruise if she wore a bikini every day.

He used a risk assessment process for the youth commission as a way to retaliate against Wallace, she alleged.

Wallace said in court papers she complained several times to Fagan, who failed to investigate and told her “McNeil has always been that way…”

Wallace is being represented by Crystal R. Peck of Bailey, Johnson & Peck of Albany. She did not return calls seeking comment.

McNeil is being represented by Clifton Park-based firm Johnson & Laws, LLC.

The Caroga Arts Collective and the Town of Caroga Tourism Commission will offer a Trunk or Treat event and Haunted Carousel this weekend at Sherman’s Park in Caroga Lake.

The final weekend before Halloween will be filled with events in Caroga Lake.

The Caroga Arts Collective will offer activities for all ages beginning Friday and continuing through Sunday.

“Caroga Arts Collective is partnering with Town of Caroga Tourism Commission for our fourth Trunk or Treat at Sherman's Park,” Caroga Arts Collective founder, artistic and executive director Kyle Price said. “Included among the many fun activities,are a costume contest, haunted carousel, decorated business and individual trunks giving out candy. Also at the event will be photo booths, children's craft table, cider and donuts, and musical performances from Caroga Arts SPACE program students. We're grateful to the town and numerous local, regional and national businesses who partner to collaborate and make this event an ever-growing success.”

The festivities begin Friday with free Haunted Carousel ride from 4-7 p.m.

On Saturday, the annual Trunk or Treat........

© The Leader Herald