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In an unprecedented decision, the highest court in New York ruled Tuesday that ousted Supreme Court Justice Laura Blackburne may not return to the bench after she helped a suspect escape arrest while in her courtroom.

The State Court of Appeals voted 5-2 to uphold an earlier decision of the Commission on Judicial Conduct, the body that administers judicial ethics, to remove Blackburne. The two dissenting justices believed Blackburne should have been censured – a formal slap on the wrist – but not removed.

Last year, the commission unanimously agreed to charge Blackburne with judicial misconduct for ordering a robbery suspect to be shuffled down a back stairwell from her courtroom, thereby evading a police detective who wanted to arrest him. The commission members voted 8-2 to remove Blackburne for the violation, with the two dissents also recommending censure.

Blackburne and her supporters argued that judges historically have been removed only for instances of fraud and corruption, neither which apply in this case. A judge has never been kicked off the bench for an act of poor judgment, even extremely poor judgment, according to Blackburne’s appeal.

But while the court conceded that Blackburne’s actions were unprecedented, it disagreed that the judicial commission needs a prior case to justify its disciplinary recommendations.

“We have never implied that removal is limited to those categories of cases that have formerly come before us,” the court stated. “That until now no judge has thought to prevent the lawful arrest of a suspected felon cannot shield [Blackburne] from the necessary consequence of her actions.”

On Jun. 10, 2004, a detective arrived at Blackburne’s court to arrest Derek Sterling, who was appearing before the judge as part of a court-ordered drug treatment program.

Blackburne took offense to the detective supposedly claiming that he only wished to question Sterling, when she believed the officer intended to arrest him. She ordered her bailiff to escort Sterling out a side doorway and out a stairwell into the parking lot.

Sterling was arrested the following day at his drug treatment center and charged with felony assault and robbery. He eventually was cleared of those charges, however.

Still, the court ruled that the peaceful resolution to the situation did not excuse the judge’s rash and reckless conduct. Blackburne had “exceeded all measure of acceptable judicial conduct,” the court said.

“By interposing herself between the defendant and the detective, [Blackburne] abandoned her role as neutral arbiter, and instead became an adversary of the police,” the court stated. “This is completely incompatible with the proper role of an impartial judge.”

Patrick Lynch, president of the Patrolman’s Benevolent Association, agreed. He said that the court had done New York a service by removing a notorious cop-hater from the Queens Supreme Court.

“As a judge, Laura Blackburne was a blemish on the outstanding record of service provided to this city by all those who serve on the bench with honor and dignity,” Lynch said in a statement.

John Dietz, president of the Queens County Bar Association, which had supported Blackburne in her case, said the majority opinion was well-written and based in law, but his group was obviously disappointed by the outcome. The association board would likely agree with the dissenting opinion, Dietz said, which said Blackburne’s actions do not resemble other instances where judges have been removed in the past.

“While the event was improper, we don’t feel the punishment was warranted,” Dietz said. “It was a single event, and she otherwise has a good reputation in that unique and difficult part of the city.”

While an appeal to the U.S. Supreme Court technically remains an option, officials believed the case would end here.

“This decision represents finality,” Dietz said. “I believe the judge will be removed.”