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Judge sues Pawling, town supervisor over alleged illegal court recordings

The court has since issued a temporary restraining order, barring the town from accessing or using the video system while the legal case plays out.

Blaise Gomez

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Aug 4, 2025, 5:40 PM

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A Town of Pawling judge is suing the town over claims that courtroom cameras were secretly recording court proceedings without authorization—raising serious concerns about privacy and constitutional rights.

Judge Kevin Irwin filed the lawsuit last month in Dutchess County Supreme Court, alleging that Town Supervisor James Schmitt controlled a surveillance system inside the courthouse that was used to monitor and possibly record court sessions, including attorney-client conversations.

The system, which the lawsuit claims was never approved by the state’s Office of Court Administration, included cameras throughout the courthouse—inside the courtroom, hallways, and offices.

“This was like an eye in the sky,” said Irwin’s attorney, Joe Gulino. “As the town supervisor, you could sit back and say, ‘Oh, there’s that person from down the street or from that business—and look, they have a lawyer. I wonder why they’re there on traffic night or criminal night.’”

Gulino says that kind of access is a serious breach of public trust.

“That, to me, is a huge breach,” he said. “Because now a town executive or board can look and see who has lawyers, who those lawyers are, and when they’re in court. That can be weaponized. And I think that’s highly improper—it’s a runaround of the protections meant to prevent recordings in court in the first place.”

The court has since issued a temporary restraining order, barring the town from accessing or using the video system while the legal case plays out.

“At the end of the day, we found out about it—and it’s out there now,” said Gulino. “It was enough that a Supreme Court judge issued a temporary restraining order. My understanding is the town has complied so far. They’ve turned over access to the equipment to court officers.”

Gulino says the town, through its counsel, has claimed the cameras were video-only and did not record audio. “We have some evidence that may suggest otherwise,” he said.

The Town of Pawling has not responded to News 12’s request for comment.

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