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Friday, November 16, 2007

Encouraging Signs From The Commission on Judicial Conduct (MORE, CLICK HERE)

Since the almost doubling of their budget recently, we've been encouraged that the The New York State Commission on Judicial Conduct will be able to fully address their duties and, especially, not just in upstate, litte-known counties.... MORE....

Start learning more about this important judicial ethics committe at: www.scjc.state.ny.us

Here's one of their most recent postings:

The State Commission on Judicial Conduct released its 2007 Annual Report today. The Commission is the state agency responsible for investigating complaints of misconduct against judges of the state unified court system and, where appropriate, disciplining such judges for violations of the Rules Governing Judicial Conduct. The Report documents the Commission’s work in 2006.

Highlights

** 1,500 complaints received – 3rd year in a row @ 1,500 or more

** 375 preliminary inquiries conducted

** 267 new investigations authorized – the most ever in a single year

** 221 pending matters carried forward from the previous year

** 275 matters pending at year’s end – the most since 1978

** 14 public decisions rendered:

-3 Removals from office

-5 Public Censures

-1 Public Admonition

-5 public stipulations in which judges formally charged with misconduct agreed to leave the bench and not to seek judicial office in the future

** 9 other judges resigned in 2006 while under investigation

** 50 confidential cautionary letters issued

** Budget Increase. In early 2007, for the first time in more than a generation, the Commission’s budget was significantly increased by the Legislature – from $2.8 million to $4.8 million a year – to cope with the growing workload. Staff and office space are gradually being expanded.

1975-2006 Statistics

Since 1975, the Commission has received 35,823 complaints and conducted 6,878 investigations. 649 judges have been publicly disciplined for judicial misconduct, including 151 who were removed from office. In addition, 1,297 have been confidentially cautioned, and 392 have resigned while under investigation or formal charges.

Observations and Recommendations

The Report makes several legislative and administrative recommendations, including:

--Public disciplinary hearings by the Commission (pp. 18-19);

--Interim suspension of judges under certain circumstances (pp. 20-21); and

--Suspension from office as a final sanction (pp. 21-22).

The Report also addresses certain issues that arose in 2006 in connection with disciplinary proceedings, including:

--Judges who limit access to court proceedings and records (pp. 23-24);

--Judges who coerce defendants into plea bargains (pp. 25-27); and

--Social relations among judges and lawyers (p. 28).

Website & OFFICE ADDRESSES

The 2007 Annual Report and other information about the Commission is available at its website: www.scjc.state.ny.us

The Commission’s offices are located at the following locations:

61 Broadway
New York, New York 10006

38-40 State Street
Albany, New York 12207
(The Albany office is relocating in mid-December to the Corning Tower in the Empire State Plaza.)

400 Andrews Street
Rochester, New York 14604

26 comments:

jose - as in "no way" said...

I'll believe it when they really go after a real dishonest judge from the Bronx, Manhattan, Westchester or Queens -- where I practice and where I can provide a list longer than my arm.

Anonymous said...

i'll believe it when they deal with my 2005 complaint! if they contact me, it will be unbelievable! they didn't need a greater budget or more employees to send a complaint form..they were protecting the judge i had mentioned! they never even asked for one detail before i was brushed off! without any knowledge of what i was alleging, i was told she had large scale rights to use against employees. i guess criminal actions , violations of federal title vii, slander, conspiracy, defamation and libel are acceptable forms of behavior for judges per the state commission on judicial conduct!

nyc victim said...

HOW MANY COMPLAINTS DO NOT SHOW UP BECAUSE THEY WIND-UP IN THE TRASH? WHAT ARE THOSE FIGURES? THE COVER-UP GOES ON.

In another planet said...

Trials and Tribulations: 'Judges gone bad' set a record high
November 16, 2007
Business is booming at the state Commission on Judicial Conduct, which set a record last year for new investigations, launched three judges out of office and censured five, including one from Newburgh.

The commission yesterday released its annual report for 2006. It shows a steady rise in new investigations into the conduct of local, county and state judges, from 172 in 1997 to 267 last year.

That number's likely to increase, because the state Legislature increased the commission's budget to $4.8 million annually from $2.8 million, enabling the commission to hire more lawyers and investigators.

Administrator Robert Tembeckjian doesn't see that as a sign that more people are losing confidence in judges. "I'd say it's more a function of people knowing what the commission is, and getting in contact with us."

He points to the Internet — it's a lot easier to read one of the commission's painstakingly detailed reports on the Web in 2007 than it was to track one down by phone, have its voluminous contents stuffed into an envelope and then await its arrival by snail mail, which is how documents were delivered when the commission was formed in the 1970s.

"I think, as a general rule, the more active we are, the more newsworthy the decisions we make, the more people will be aware of us, and we'll get more complaints," Tembeckjian said yesterday, after the report was released. "Some of it, I think, is that as we establish a record of accomplishments, there's more confidence that a complaint will be treated seriously."

About 1,200 of the 1,500 complaints the commission received last year came from people involved in either civil or criminal cases. Fifty-four came from everyday citizens, 14 were anonymous, 80 came from lawyers, 11 from judges and eight from public officials.

The commission exists independently from the state's court bureaucracy. It's the only entity in the state with the power to publicly discipline judges, which it did 14 times last year.

Three judges were removed, five were censured, one was admonished — a less-heated scolding than a censure — and five publicly agree to leave the bench and never again run for a judgeship.

The five censured judges included Newburgh City Court Judge Peter Kulkin, who was upbraided for circulating campaign material in the 2004 election that contained falsehoods about his opponent, Jeanne Patsalos. The commission received new complaints about Kulkin this summer, charging that he made degrading remarks about Newburgh city police. Kulkin apologized and said his remarks were misunderstood.

Albany is legendary for the mischief that's done to the state budget, but Tembeckjian is convinced that the Legislature is committed to having an independent watchdog over the courts. "Our business is not going to go away," he said, "either by wishful thinking or by eliminating our funding."



Judge derby in '08?

There's a crowded field of hopefuls for the coveted gubernatorial appointment to the Orange County Surrogate Court judgeship, created by last week's election of Judge Elaine Slobod to state Supreme Court.

Months ago, Woodbury Town Justice David Levinson acknowledged the whispers concerning his name — "I hear I'm a candidate," he said — but since then, courthouse whisperers have included the names of Wallkill Town Justice Bonnie Kraham and former county attorney Stephen Hunter, who's also an acting village justice in Chester.

Levinson, Kraham and Hunter probably have an advantage because they're all Democrats, like Spitzer. But there are also some Republicans in the running: Port Jervis City Court Judge Robert Onofry, Warwick Town Justice Peter Barlet and Orange County Family Court Judge Andrew P. Bivona, whose term expires next year and who might be interested in the surrogate's slot.

Who knows? If Gov. Eliot Spitzer feels the need to mend some fences in the GOP-controlled state Senate in the wake of the Great Steamroller Stumble of 2007, one of the Republicans may have a shot.

Trials & Tribulations is the Times Herald-Record's weekly roundup of news, updates and anecdotes about local courts and criminal justice. Tips and threats are welcome. Call Oliver Mackson at 346-3130 or e-mail omackson@th-record.com. To read the state Commission on Judicial Conduct's annual report, go to www.scjc.state.ny.us/.

blind man said...

This group is as bad as Cahill's crowd. And they both take up space at 61 B'way....on different floors. Has anyone checked the water in that building? It's made all the state workers there BLIND to all unethical acts by connected lawyers and judges.

Anonymous said...

I'm going to again submit my complaint against a Westchester family court judge. Maybe now they can afford a letter opener and not just toss my complaint in the garbage like they did 2 years ago.

Bad Bad Judges said...

Andrew Bivona bad bad judge!! I bet ex Judge Horrowitz knows about this judge and his little backroom deals. If I am not mistaken Judge Andrew Bivona had I think 89 cases that were appeal.

retired lawyer said...

When I first started many years ago the profession was different, it was honest. I believe now the COLLUDED LEGAL SYSTEM has corrupted the whole country. This does not portend a good future for us.

Anonymous said...

The most Encouraging Sign that I could see from the Commission on Judicial Conduct is if the FBI came and arrested all of them. That would definately be a very Encouraging Sign!

Anonymous said...

Remember the commission on judicial conduct is called THE STATE before its name! All STATE agencies in new york have colluded into a big ass ball of corruption! THEY ALL protect and interact with each other...I have seen it all just recently! Need a wiretap..call the state police, got to fake an accident...call the state corrections dept...want to fix unemployment...call everyone in the dept of labor...want to screw someone's SSD call the state board that determines the status before it hits the fed. agency...want to alter someone's criminal history report call the dept of criminal justice...and finally want to report any of this behavior...run outside of new york to a state that hates NY...only solution!

Anonymous said...

New York State is known as Corruption Central

Anonymous said...

I agree with all of the above....BUT....OCA is guilty of all of that behavior as it portrays itself as an entity of JUSTICE...that is the travesty of ny corruption!

encouraged said...

are they going out of busines? that would so nice! will they be holding a going out of business sale? that way maybe we could find all the missing complaints that got lost. wink - wink

Wilbert Moore said...

The following is a copy of the text of the letter I sent the SDNY's Judge Loretta
Preska, which I posted on my web page at http://nycdoeuft.com

From:
Mr. Wilbert Moore
747 10th Ave. Apt. 35A
New York, New York 10019
(212) 246-6356 / www.billmoor@aol.com

February 20, 2007

Re: Docket number 03 Cv 2034(LAP)

To:
Judge Loretta Preska / SDNY
500 Pearl St. 12th Floor
New York, New York 10007

Dear Judge Preska,

I'm alleging the following; this affirmed letter is my official notification and protest
of the
alleged recently discovered installment of an ongoing conspiratorial pattern of
misconduct
being perpetrated by the NYC Department of Education (DOE). I was informed
by the Pro Se
Clerk's Office that on or around February 6, 2007, the DOE's Attorney, Mr.
Andrez Shumree
Carberry, Esq. submitted and docketed an official "Notice of Appearance" which
allegedly still
listed the DOE's co-defendants as Student A, B, C, and D, without presenting
proof of the
anonymous Students existence.

2. Normally the filing of a "Notice of Appearance" is a routine process that was
designed to formally inform the Court and the opposing party of the fact that a
new or additional
attorney will be introduced. However, I did not receive a copy of Mr. Carberry's
February 6,
2007, "Notice of Appearance". I called the DOE's Attorney Carberry at (212) 788-
0924 and
spoke to him once. I've subsequently placed several follow-up telephone calls to
him
requesting a formal copy of the missing Notice of Appearance document but I
was unable to
reach him. I've left several messages on his answering machine in which I've
requested a copy
of the above-mentioned Notice of Appearance, but to no avail. I've also placed
several phone
calls to your office requesting a courtesy copy of the DOE's Notice, but to no
avail.

3. The reason I'm deeply concerned about this missing "Notice of Appearance"
document is because, I'm alleging that this recent missing document incident is
a part of a
much larger on going conspiracy being perpetrated by the DOE. I'm alleging
that, by not
proving to the Court the existence of Students A, B, C, and D, Attorney Carberry
is committing
"Fraud upon the court" and is still using Laches to obstruct justice. In my
opinion, the DOE
and or the Clerks Office allegedly mistakenly violated the SDNY's Local Rule 50.3
by
concealing an affirmed incomplete "Civil Cover Sheet" information document that
failed to
prove the existence of the Students that allegedly accused me of abusing them.
I'm alleging
that had I known about the existence of the incomplete "Civil Cover Sheet" I
would have filed a
Federal Rules of Civil Procedure's (FRCP) Rule 1447 (c) Motion that could have
prevented
my case from being removed from the NY State Supreme Court and could have
allowed Judge
Renwick to award to me the default judgment I requested.

4. Rule 60(a) of the Federal Rules of Civil Procedures (FRCP) states, and I
quote;
"Rule 60. RELIEF FROM JUDGMENT OR ORDER (a) Clerical Mistakes. Clerical
mistakes
in judgments orders or other parts of the record and errors therein arising from
oversight
or omission may be corrected by the court at any time of its own initiative or on
the
motion of any party and after such notice, if any, as the court orders." End
quote. I'm
respectfully submitting this instant letter to you Pursuant to the FRCP's Rule 60
hoping that you
will make the following necessary corrections as soon as possible.

5. In my opinion, according to USC Title 9 of the Federal Arbitration Act (FAA),
the
February 23, 2004, Award of Arbitrator Martin F. Scheinman, Esq. should have
superceded your
adverse order of March 31, 2004. However, in alleged violation of USC Title 9,
you mistakenly
failed to acknowledge and confirm Arbitrator Scheinman's Award. In my opinion,
the only
explanation you gave for not complying with the FAA's USC Title 9 was, stated in
your June 29,
2005, "Endorsement" where you stated, and I quote; "ENDORSEMENT having
reviewed
Plaintiff's successive motions for relief from judgment [Docket nos. 39 and 41], I
find
there is no basis for the relief sought by Plaintiff. Any future motions brought
pursuant to
Rule 60(b) that allege the facts set forth in the above-referenced motions will also
be
denied." End quote.

6. I'm alleging that you made a clerical mistake when you assumed and stated
in your
above-mentioned "June 29, 2005, Endorsement" that I was seeking "Relief from
judgment"
when in fact I was actually trying to exercise my constitutional right to have the
Arbitrators
favorable Award confirmed and respected by the Court. I'm alleging that had
you complied
with the FAA's USC Title 9, there would not have been a need for your March 31.
2004,
adverse judgment. In my opinion, had you confirmed the Arbitrators Award, the
Award would
have had the same authority, and would have superseded and or made
unnecessary your
March 31, 2004, adverse Court Order. In my opinion, had you complied with
USC Title 9, the
NYC Department of Education (DOE) would have had to file an appeal in a timely
fashion to
overturn the Arbitrators Award. However, instead of complying with USC Title 9,
you
mistakenly submitted your own adverse order, in which you ruled in favor of the
DOE.

7. Arbitrator Scheinman, Esq., stated the following in his opinion and Award of
February
23, 2004, and I quote; "After reviewing the evidence and argument submitted, I
make the
following rulings: 1. The letter of May 20, 2002, shall be deleted from Wilbert
Moore's File
because it is unfair and inaccurate as these terms have been defined by the
parties." End
quote. If the Arbitrator concluded that Attorney Elenor Radzivilover's May 20,
2002, letter of
termination was "unfair and inaccurate," and her letter of termination stated that,
and I quote;
"Dear Mr. Moore, The Office of Special Investigations has substantiated
allegations of
corporal punishment as follows; 1. CPU Log # 02-0178 – You grabbed a male
student
causing a scratch to his arm. 2. CPU Log # 02-0180 – You grabbed another
student by
the neck, choked and pushed him." End quote, it's logical to assume that a
clerical mistake
was made by you when you totally ignored Arbitrator Scheinman's "Opinion and
Award" and
ruled in favor of the DOE's Rule 12(b)(6) Motion and dismissed my complaint.

8. I respectfully submit that you were fully aware of the fact that an Arbitration
was
forthcoming because, you stated on page 4 paragraph 9, in your adverse Order
of March 31,
2004, the following, and I quote; "Finally, even plaintiffs own documents indicate
that his
union is in the process of scheduling an arbitration hearing on his claims.
Exhibit 24, As
such, it appears that Mr. Moore is receiving due process both in the courts and
in the
arbitral forum." End quote. My above-mentioned Arbitration was held on
November 21, 2003.
On or around March 9, 2004, I sent a letter to you to inform you of the fact that I
had won the
above-mentioned November 21, 2003, Arbitration.

9. I formally informed You of Arbitrator Scheinman's Award in a Rule 60(b)
Motion I
submitted to you on April 27, 2004, by stating the following, and I quote; "15.
Plaintiff is
presenting the following as "New Evidence;" on or around February 23, 2004,
AAA's
Arbitrator Martin F. Scheinman, Esq. ruled in Plaintiff's favor and officially
removed the
NYC Department of Education's defamatory letter of termination dated May 20,
2002, from
Plaintiff's personnel file (See exhibits 23, 24 and 25). End quote. In my opinion,
the
information in Attorney Radzivilover's May 20, 2002, defamatory hearsay letter of
termination is
the DOE's only evidence in the record of my using Corporal Punishment on
Students A, B, C,
and D, with the letter removed, the DOE has no case. This case has been
dragging on for over
5 years, I'm hoping that you will carefully consider the above information and
make the
necessary corrections pursuant to the FRCP's Rule 60. Respectfully Submitted,

USPO Receipt for Certified Mail Number: 7005 1820 0007 6200 9454

Dated: February 20, 2007
New York, New York

someone who knows about you said...

Just wondering where has the commission on judicial conduct been and what do they think of all these allegations of judicial and court corruption...since we are supposed to be so impressed with their stats! i wish they would comment in their defense on this site, since they are so secretive about who and where they are! love to hear what their take is on all that is going on.

Anonymous said...

i have seen the report from the barr association. I do not think it is just N.Y.C problem.
I think it is statewide. In Arizona they post they post the report online so you can see how many complaints were filled and how many were thrown out.
You sould be able to see how many complaints were filled against a lawyer even is it was thrown out.
When a lawyer tells you something you have no proof then the lawyer denies it that is good enough for them. If a list of how many complaints were filled against a specific lawyer were filled then you can get an idea of how slimy he/she is. The disciplinary commitee could get the same complaint from 50 different people about the same lawyer they never go back to see if their is a pattern of fraud.

Anonymous said...

These people are cover-up artists, that's their job!

Anonymous said...

These are criminals and maybe one of these days people are going to get tired and take the law in to their own hands.

Anonymous said...

I filed a complaint against a Judge on a conflict of interest in my case. Never got an answer. Judges judging Judges doesn't make any sense.

Anonymous said...

Judicial Conduct doesn't exist, it's a farce!!!!!!!!!!

Anonymous said...

From what I personally have seen of the courts (worked in the courts sometime ago) and Judges, I think they are doing the job --- they are screwing the public as much as they can and as often as they can. That's one woman's opinion.

Anonymous said...

For years we had to fear the overt criminals but today, we have to run from the covert ones....the ny judicial system! How does a criminal justice system that is supposed to protect us from crime and isolate those committing them, morph into the mentality of those we fear! When did that become THE AMERICAN JUSTICE SYSTEM'S function and goal! God, were we just not paying attention for years?

Anonymous said...

Have not read about these people being arrested by the FBI so what's encouraging?

Anonymous said...

Did you hear and see the video on youtube about Allen Isaac..He has the Judges in his pocket..Back Room Politics...He also got away with sexually abusing his client..Political Connections....go to http:// www.youtube.com/watch?v-=UJlvm7-56S4

Anonymous said...

Did you hear and see the video on youtube about Allen Isaac..He has the Judges in his pocket..Back Room Politics...He also got away with sexually abusing his client..Political Connections....go to http:// www.youtube.com/watch?v-=UJlvm7-56S4

Anonymous said...

I have read and seen articles about a woman who was sexually abused by her attorney Allen Isaac formerly of Gladstein & Isaac..She got his confession on Audio- Video. I saw it on the News..read it in newspapers..Why hasn' t this poor excuse of a lawyer been taken off the streets..... because he's got a lot of dirt on these Judges and Politicians. and they will all come tumbling down with him.

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2