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Friday, April 20, 2007

Judicial Destruction of Court Records...(CLICK HERE FOR FULL STORY)

Most court employees adhere to directives from New York State's Deputy Chief Administrative Judge, Jan H. Plumadore. There are only a few people more powerful in this state than Judge Plumadore, and as a state court employee, when the Deputy Chief Administrative Judge says to do something, you make sure you do it. Unless, according to the latest allegations, you are operating from state and county courts in Westchester County....MORE...

In March of 2006, Duputy Chief Administrative Judge Plumadore advised all state District Administrative judges that, "Members of the media have complained that they are being denied access to records in some courts where the practice is for the parties to submit court papers directly to the judge rather than file them first with clerk's office."

By all accounts, most of the state's 12 judicial district administrative judges complied with the further directive from Judge Plumadore, "Please advise your judges that…the Rules for the Supreme and County Courts…each require that papers submitted to a judge must be filed with the clerk of the court "at the first available opportunity" so as to become part of the record accessible by the public."

But according to the latest allegations, not only was Judge Plumadore's directive ignored in Westchester County, certain deliberate actions were taken to systematically destroy court documents that were placed in many case files.

"Judge Plumadore's directives may have force in other judicial districts around the state," says one insider, "But what [Judge] Plumadore thinks doesn't matter in the 9th Judicial District, [9th Judicial District Administrative Judge Francis A.] Nicolai listens to no one, and [Judge] Nicolai does what he wants," the source says.

(The state's 9th Judicial District encompasses Westchester, Rockland, Orange, Putnam and Dutchess counties.)

One judge, and who will not be identified for this article, says that Judge Nicolai gathered all Westchester county and supreme court judges shortly after Judge Plumadore's March 2006 directive. Notably, it is alleged, the "Plumadore March 2006 Memo" had not been copied, or referenced in any subsequent memo, to any of the justices.

The meeting was short and, according to one judge in attendance, consisted of Judge Nicolai screaming, "I never fixed any case. I NEVER told you what to do in a case." The allegation suggests that all the judges "got the message." Another judge, and who also attended the meeting, viewed Judge Nicolai's advisement as a "threat."

It would later be revealed that around the time period involved, that not only had he received the Plumadore March 2006 Memo, Judge Nicolai had also been advised that nearly a half dozen official complaints had been filed against him, including charges of judicial steering and improperly attempting to influence the outcome in specific cases.

Three individuals familiar with the allegations confirm that there had been a brewing concern around the Westchester courts concerning Judge Nicolai's improper interjection of himself, and his desires, in certain court cases. They also confirmed that many Westchester judges had themselves placed "cover your ass" memos in the court case files.

"The judges assigned to a particular case would put a memo in the file to protect themselves," they say. "The memos said "Admin. Judge [Nicolai] says to take case and send it back to Judge so-and-so" or "Admin. Judge says to have Judge so-and-so decide contempt motion"."

Exactly what happened next is unclear, according to the allegations, however it is known that many dozens, and possibly hundreds of Westchester court files then found their way to a shredder.

According to informed sources, at least two Westchester judges, three law clerks and numerous other court employees have come forward to confirm the troubling series of events and have provided additional evidence. "This is very upsetting," says one employee. "Things have just gotten totally out of control in the courts here [Westchester]. What happened is illegal, and it's just wrong."

33 comments:

Anonymous said...

The TRUTH is coming out. The TRUTH shall make us free. This is great.

Anonymous said...

Pandora's Box is open and she's holding an open can of worms in her hand, the party is over. Thank God!

Anonymous said...

Gald to see the rest of the story at this point. Keep up the good work and give'en HELL, they sure deserve it!

Anonymous said...

How does Nicolai get away with this?

Kaye, Lippman and Plumadore have no power over Nicolai? Nicolai just does what he wants, even if it's illegal?

Why?

What does Nicolai have on Kaye, Lippman and Plumadore that makes them unable to stop him?

Even the JUDGES are afraid of Nicolai !!!!!

Why?

Anonymous said...

If you destroy the evidence you can't prove a crime - unless there're pictures/video tapes then that is another matter.

Anonymous said...

these weasels in black robes are scurrilous to law abiding citizens

Anonymous said...

I understand a LAWYER is going to be leading a group demonstration in front of the court house soon-- all in protest to King Nicolai and his illegal ways. SIGN ME UP!!!!!

Anonymous said...

Why should we be fair to the Judiciary? Treat them the way they treat us, with contempt.

Anonymous said...

And these gutter rats want a pay raise - forgetaboutit!

Anonymous said...

Judge Nicolai is an elected West. Co. Judge, so how can he be the Administrative Judge over the NY State Supreme Court Judges? How did that happen? Who is his Rabbi?

Anonymous said...

this really is OC (Organized Crime)

Anonymous said...

destruction of records are increasing, this stuff is not being filmed....things are crazy....a federal monitor is the only way

Anonymous said...

Judge Nicolai is a fair and just jurist. This blog is nothing more than an attempt to smear the reputation of a giant in the legal community.

Anonymous said...

Everyone said the same thing about Judge Garson in the City, now he's been convicted by a jury of taking money to fix divorces. Judge Nicolai should worry about tapes of any kind.

Anonymous said...

Yeh sure! What are you kidding these people are not boy scouts. Why would Nicolai hire his gumba Barone? Do you think he would make a good bag man?

Anonymous said...

and let's not overlook the Judge's hard working law clerk's...they all know what a CONTRACT is and they know what the Judges want and don't want

Anonymous said...

I strongly disagree with the writer who believes that Judge Nicolai IS CURRENTLY a certain type of justice . Whatever he may have been at sometime in the past, this person is obviously out of touch with what has been going on in the West. courts over the last two years. I know because I work there. EVERYONE is afraid of him, even those of us who once fully supported him. JUDGES, law clerks, secretaries, and court officers feel threatened by him. This is a fact- a sad fact. Do you understand!!?! JUDGES, yes JUDGES are afraid of this man, and they are right to be concerned. To cover myself, I have anonymously sent the appropriate entities necessary evidence. I urge others to protect themselves. Things CAN'T go on like this.

Anonymous said...

I know Judge Nicolai because I work in the Courts as well. As with many other honorable people in power you are constantly forced to make tough decisions and inevitably some people are on the opposite side of those tough decisions and are resentful. If there are any judges that are afraid of Judge Nicolai it is because he demands a uniform professional judicial district. What he prevents are judges from carving out their own little kingdoms based upon personal relationships or beliefs.

Anonymous said...

Does the previous writer dispute the fact that Judge Nicolai gathered all the judges together and SCREAMED at them, "I never told you how to rule." I know this to be true, and obviously whoever provided that information to this blog was there. In fairness to Judge Nicolai, this blog does not appear to be about him, but a SYSTEM that has been wrongly abused. All of us who work in the courts in White Plains know that there is a problem with "court business as usual." Remember, the federal government went into various parts of California courts because the ILLEGAL activity BY THE STATE COURTS was so widespread. We should all wake up and admit to the illegal activity BY THE COURTS in Westchester. I, for one, am not proud of it, and would welcome a change.

Anonymous said...

no one is saying that ALL judges are corrupt but it is fair to say that MOST are and they should face public IMPEACHMENT along with their minions

Anonymous said...

Judge Nicolai, if you are a straight arrow, then prove it, give the 9th JD a cathartic by turning in all the bad apples in the barrel

Anonymous said...

The best disinfectant is sun light!

Anonymous said...

As the Administrative Judge of the 9th JD, has Judge Nicolai done anything about the various Surrogate's Courts under his authority? And specifically what has he done about the outrageous Jody Keltz matter detailed on this blog?

Anonymous said...

have looked for records only to be told that it's up in the Judge's chambers and if you try to get it there is always a problem

Anonymous said...

who's accountable here?

Anonymous said...

There is madness in the Judiciary!

Anonymous said...

and it starts with Judge Judith Kaye!

Anonymous said...

Another example of the STENCH FROM THE BENCH!

Anonymous said...

You have to wonder what else has been going on that we don't know about. Who's the watch dog over these people? I want to know.

Anonymous said...

I'm leaving Westchester and moving to China. At least they don't pretend to have a corrupt-free system there.

Anonymous said...

Who ever came up with the STENCH FROM THE BENCH, its very good That's what it really is. Have learned the hard way one of the dirty tricks in the Manhattan Surrogate Court is to have your complete file, all the records disappear in a black hole never to found again. That's why everyone should have copies of all the documents themselves.

Anonymous said...

This is bad....real bad.....

Anonymous said...

Judge Francis Nicolai oversees Orange County Goshen New York where the party is a full forced. From falsifying court order, tampering with Court records, perjury, including CPS in Goshen in the dirty deals, lots of victims out of Ornage County and Francis Nicolai is aware and helping with the corruption

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