Judge Can Plea 4 U???

Q: I'm involved in a traffic infraction. (seatbelt, and I'm in upstate NY). My ticket got lost and I never entered a plea. The judge entered a "not guilty" plea for me in writing, when I corresponded with him via mail. A friend of mine who studies law told me that if I didn't give the judge my power of attorney, he technically cannot enter a plea for me unless I consent to it. AND, that consent could be as simple as not questioning/contesting it. Interestingly, he also stated that because *he*, my friend, is aware of the law, that if he was to witness such an event and NOT take some kind of action against it (I forgot the details) that my friend could actually face charges for witnessing a crime and not doing anything about it. (You can forget this aspect of my post, I'm just sticking it in because I didn't fully understand that either). My question is: CAN a judge enter a plea for me? OK, yes, he can. BUT CAN he do it without my consent, or *against* my wishes? And if so, please refer me to the statute/law that gives him/her that kind of power so I can research it myself. And if indeed he can't, how do I proceed? Contact the NYS Commission on Judicial Conduct and let them deal with it? When I asked the judge in writing how he obtained my power of attorney, he totally and completely avoided the issue and told me to come in to his court and plea on the now suspended license...Seems to me, he's made it abundantly obvious that he knows he doesn't have the right to enter a plea without my consent! I'd much rather let the commission handle this than engage him any further in this matter. Any opinions/suggestions will be much appreciated. But please remember, if you're going to tell me that he can't/can do this, or I can't/can do that, refer me to the law that defines it.

A: I got a kick outta seeing a response come up to this that I originally posted exactly 4 mos ago! Well, suffice it to say, I've learned a *tremendous* amount since that time, as well as have had a ton more court and legal experience. I agree with everything

you've said and would take it one step further: Indeed, the judge cannot make a plea for you, ie taking your power of attorney, unless you simply LET him. "Acquiesced", as you put it, was perfect. What's annoying is when attorney's come into the posting forum and attempt to give answers to newbies that don't help them hardly one iota. As far as the ticket goes and "promising to appear", I've learned how to get around that one as well. Have done a ton of studying in the area of licensing, and most esp of the fraud perpetuated in the traffic ticket/fine/extortion circle. And of course jurisdictional matters of which there are more than most people realize.