An upstate judge has resigned amid allegations he sent offensive vulgar texts to his girlfriend — and gave advice to a defendant about how to avoid getting his guns taken away by cops, officials said Friday.
Owasco Town Court Judge Mark DiVietro stepped down Monday after the state Commission on Judicial Conduct began an investigation in July into claims that in 2018, DiVietro sent his then-girlfriend “crude” text messages that were threatening toward his ex-girlfriend, according to settlement papers DiVietro signed with the commission.
The messages were allegedly “vulgar, crude, demeaning and/or featured extreme gender-based slurs and profanity,” the document said.
The documents did not elaborate further on the texts.
In April 2019, DiVietro also allegedly repeatedly had conversations outside of court hearings regarding a case he was overseeing, the document said.
DiVietro allegedly “gave the defendant personal advice about how to avoid having his firearms confiscated by law enforcement,” the papers said.
The 48-year-old Cayuga County judge had been in office since 2011, and his term was set to expire in December 2022. He has agreed to never seek another judgeship position, officials said.
DiVietro did not immediately return a request for comment.
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