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Monday, February 25, 2008

Judge Places Casual Call to Another's Chambers, Just Looking for a Fix (MORE, CLICK HERE)

Here's an opinion from the New York State Advisory Committee on Judicial Ethics where a judge apparently seeks advice on how deal with another judge calling his court attorney looking for a favor on a case. Has it gotten better or worse since 2003?.

Opinion 03-59 - September 4, 2003

Digest: Under the circumstances presented, a judge whose court attorney has been contacted by telephone by another judge concerning a matter involving a friend of the caller, in which the question was raised of getting the inquiring judge to recuse him/herself so that the friend’s petition could be heard by a different judge, should report the matter to the State Commission on Judicial Conduct.

Rules: N.Y. Const. Art. VI, sec. 22(a); 22 NYCRR 100.1; 100.2(A),(B),(C); 100.3(B)(6); 100.3(D)(1); 100.3(E)(1).

Opinion: The inquiring judge informs the Committee that he/she had presided over a matter in which a petition seeking enforcement of certain provisions of a judgment of divorce was dismissed. There was no appeal from the dismissal but the petitioner had complained to the supervising judge and possibly others about the inquirer.

Thereafter, another judge telephoned the inquiring judge’s court attorney and left a voice mail message. The inquirer has provided the Committee with a copy of the transcript of the recorded message. In substance, the caller stated that he/she and the petitioner were personal friends and that the petitioner is “beside herself,” having had “issues” with the inquiring judge. The caller goes on to state that he/she had advised the friend to file her petition in a different locality. But this would require the inquirer to exercise recusal. The judge then stated: “So I’m reaching out to you to get suggestions as to how we could get him to do that. I don’t know if he would, for whatever reason.” The caller goes on to state that “petitioner and the judge apparently have not had a good rapport and she’s definitely has major issues she needs to modify with regard to her divorce decree and her husband.”

Subsequently, the court attorney responded, stating that recusal is discretionary and in any event could not occur unless the parties came before the inquiring judge and made such an application.

The inquiring judge now seeks the Committee’s advice as to the appropriate course of action.

Section 100.3(D)(1) of the Rules Governing Judicial Conduct, states that “A judge who receives information indicating a substantial likelihood that another judge has committed a substantial violation of this Part shall take appropriate action.” 22 NYCRR 100.3(D)(1). Assuming solely for the purpose of this opinion, the authenticity and accuracy of the telephone message and transcript, the Committee is of the opinion that appropriate action in this instance requires the judge to report the matter to the State Commission on Judicial Conduct. On its face, the transcript of the voice mail message discloses all substantial likelihood that another judge has committed a substantial violation” of the Rules Governing Judicial Conduct. See, e.g. 22 NYCRR 100.1, 100.2(A), (B), (C); 100.3(B)(6).

Without elaborating on the gravity of the purported conduct, it is, we believe, of sufficient weight to warrant disclosure to the Commission, the body charged with the responsibility of investigating and determining complaints with respect to, among other things, the conduct, qualifications and fitness of any judge or justice of the Unified Court System of New York. N.Y. Const. Art VI, sec. 22(a).

Further, should a petition be filed before the inquirer by the petitioner seeking recusal, the judge should inform the parties that he/she had received the telephone call in question. But the receipt of that call does not mean that recusal is required, provided that the judge believes he/she can be fair and impartial. 22 NYCRR 100.3(E)(1).

10 comments:

Anonymous said...

What will the infamous Judge Berliner do with his new Job.We are watching him very closely.We believe his agenda of anti father rulings will become clear very shortly.The ninth district is about to boil over.

white plains court worker said...

what are you kidding? This goes on openly all the time in Westchester Co.! If you open your mouth you get punished.

manhattan victim said...

in my case the door to the Judge's chambers was opened so I overheard the speaker phone, he was making the deal with with 2 lawyers and another Judge. I got screwed - I would like to screw them all good and proper. These people will never clean-up their pigsty.

Anonymous said...

My lawyer went back to the Judge's chambers during the conference and had alittle chat with her. I thought ex-parte was illegal. Oh well, just another part of the typical day at the Court, Changing transcripts, having ex-parte meetings with the Judge, calling in favors, etc. etc. etc. etc.

disgusted in florida said...

it's called the fix!!!!!!!!!!!!!

Anonymous said...

I cannot emphasize enough to all of the....COURT WORKERS, VICTIMS, DISGUSTED, ETC. that you write down ( or tape record) everytime you are in court, the events, the people present and some identifying item or items, the conversations and who said what. Do this when you get home or right in the courtroom! OCA and their judiciary hate notes and note takers because these people too appear aware and very untouchable. You can pinpoint all of their corruption and it can be used in a law suit (discovery) against them! This is why they CONTROL the court reporters...they pay them very well, instill fear in their hearts and change their record illegally and criminally! They cannot change what you write or record. Never give them the original, unless it is a law suit.... THEN ALWAYS COPY EVERYTHING YOU EVER DO , GET OR GIVE TO OCA! This is a start for the public reformers!

Anonymous said...

not surprised by any of this. if anyone has information on the Judicial Conduct Commission or OCA please share as by uniting politically and legally this system can be opened and cleaned up. Please send tips or info to changecourtsnow@gmail.com.

TRUTH TELLER said...

In 2000, ADMINISTRATIVE Judge Trificanti held a clandestine meeting with the highest level political supervisors and administrative judges in a PARTICULAR city! During this meeting, 'JUDGE" Trificanti was attempting to stir up big TROUBLE in the UNIFIED COURT SYSTEM by requesting that the lowest level employees...grades 4-12, systematically be fired...for no reason, but with a purpose, only known by him!
He also wanted to upgrade a title that may surprise you, because this title is one of the highest civil service titles they have....COURT REPORTER~! At that time, it was undiscernible as to why this JUDGE wanted to upgrade some titles and fire the lowest paid employees,( the biggest bargain to the NY taxpayer ever) who were exclusively women and minorities!( the least likely to make a stink and cause any trouble).
Well, he was told by those at the meeting, that they were not in agreement with the court reporter upgrade and that it was illegal to fire employees in civil service.... outright!
the only AFRICAN AMERICAN CHIEF CLERK,.... that OCA has and still has, liked the idea and decided the HELL WITH THE LAW and she chose as her two first victims....2 AFRICAN AMERICAN FEMALES! THEY WERE FIRED AND SHE BECAME SO PROUD OF HERSELF SHE CONTINUED HER RAMPAGE AND WENT AFTER ABOUT 10 MORE OR SO! DID SHE SELL OUT HER RACE AND SEXUALITY ....HELL YES!
As it turns out Trificanti was looking for higher paid employees so he could influence their loyality to OCA;S wrong doings and assure that the court record alterations would not meet with any refusals!
A transcript of this meeting is available in NYC....JUST ASK FOR IT!

nyc retired pol said...

here in NYC it's referred to as a contract = fix

Anonymous said...

FILING A COMPLAINT WITH THE COMMISSION OF JUDICIAL CONDUCT IS A COMPLETE JOKE. YOU FILE A COMPLAINT AND YOU NEVER HEAR BACK FROM THEM. THEY WANT YOU TO GO AWAY...SOUND FAMILIAR?

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