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Thursday, April 10, 2008

NY Budget Ignores Ethics Crisis in State Courts

Lawmakers Pass State Budget Without Pay Raise for Judges
The New York Law Journal by Joel Stashenko - April 10, 2008

The Legislature yesterday passed the 2008-09 state budget, a $121.7 billion spending plan that does not contain a judicial pay raise. The budget does include a provision providing for $48 million for a judicial pay hike retroactive to Jan. 1, 2008, but no funds were appropriated to implement the provision.

The so-called "dry appropriation" was made to preserve the possibility, at least theoretically, that lawmakers could get to a judicial pay increase at some point before the end of this year, said Assemblywoman Helene Weinstein, D-Brooklyn, chairwoman of the Assembly Judiciary Committee.

"It keeps it alive for potential action in the future," she said. "It's a recognition that we understand that there is a need to be addressed." The budget does not mention a pay raise for legislators, a prerequisite among Assembly Democrats for their passage of a pay increase for judges. Neither judges nor lawmakers have had pay increases since 1999.

Chief Administrative Judge Ann Pfau (See Profile) called the latest failure to provide a judicial pay raise "terribly disappointing," but declined to discuss the judiciary's response. Last week, Chief Judge Judith S. Kaye strongly suggested the judiciary was prepared to sue the Legislature and governor this month if there was no pay raise in the fiscal year that began April 1. (NYLJ, April 1)

Assembly Speaker Sheldon Silver, D-Manhattan, said yesterday that litigation by the judiciary would not affect the chances of his chamber returning later this year and appropriating money to make good on the $48 million dry appropriation. "I do not believe there will be any impact on judicial raises as a result of that lawsuit," he said.

4 comments:

a victim of Judges said...

what have these grifters in black dresses done to earn anything much less a raise? They are all a plague on the body politic. Fire them all and make them work for a living.

Bat Out of Hell / Iviewit / Patentgate / Eliot Bernstein said...

Talk about frivilous lawsuits! When was the last time you sued an employer for a pay raise, I think the American People should sue the government for a pay raise and we should all follow Judith Kaye's vision of court's deciding millions of these cases.
How about the old adage of get a new job or get a life. How about for the fact that Judges dismissed 99.88% of @7,000 complaints against them and have transformed justice into a criminal enterprise we give them a pay raise of convict salaries? If we relate their job performance to pay we would fire their asses. Will J. Kaye rule on her pay raise?

http://judicial-discipline-reform.org/

Open Letter to Supreme Court Chief Justice John G. Roberts, Jr.,
as presiding officer of the Judicial Conference of the U.S.
the highest policy-making body of the Federal Judiciary, which on March 11, 2008, adopted the revised rules for processing misconduct and disability complaints filed by any person against a federal judge

(http://Judicial-Discipline-Reform.org/judicial_complaints/DrCordero_CJRoberts_27mar8.pdf)

The Revised Rules Will Not Stop Judges From Continuing their systematic dismissal of those complaints whereby they self-exempt from any discipline and assure their impunity for abusing judicial power

(http://Judicial-Discipline-Reform.org/judicial_complaints/new_rules_no_change.pdf)

CA2's Dismissal of the DeLano Case
that threatened to incriminate the Court for tolerating a bankruptcy fraud scheme (http://Judicial-Discipline-Reform.org/judicial_complaints/DeLano_summary.pdf;

see the open letter to Chief Judge Dennis Jacobs, CA2,
http://Judicial-Discipline-Reform.org/judicial_complaints/DrCordero_CJJacobs_27mar8.pdf)
and the judges' dismissal of complaints against them as complements of abusive disregard in self-interest for law and facts
(http://Judicial-Discipline-Reform.org/judicial_complaints/dismissal_complements.pdf)

Chief Justice John G. Roberts, Jr.
Judicial Conference of the U.S., Presiding Officer c/o Supreme Court of the United States
1 First Street, N.E.
Washington, D.C. 20543

Dear Mr. Chief Justice,

Last February 9, I addressed to you, as presiding officer of the Judicial Conference, a letter* requesting that you cause the Conference to take cognizance at its March 11 meeting of my comment1 on the proposed Rules Governing Judicial Misconduct and Disability Proceedings. As expected, it adopted the Rules2. In my comment, I demonstrated that they are not different from the current ones that they replace.

Hence, their application will have the same result as the official statistics show the current rules had from 1997 to 2006: Out of 7,462 complaints, the judges investigated only 7 and disciplined only 9 of their peers3. [see the graphs, infra] They systematically dismissed out of hand 99.88% of all complaints! Thereby the Judiciary self-exempted from any discipline and in effect abrogated an Act of Congress, i.e. the one enabling the making of those rules4. This presents you with the opportunity to do the right thing and be rewarded for it.

How would you have felt if the Late C.J. Rehnquist could have done to you whatever he felt like it because he knew that he would reach his retirement before any of your complaints was investigated and led to his being disciplined, let alone his impeachment and removal?

Your likely feeling of betrayal of trust, abuse, and impotence is shared by all those that complain in vain. They are left at the mercy of judges that can abuse their power to dispose of people’s property, liberty, and even life secure in the knowledge that their peers will protect them from any adverse consequences. As you would, they need a Champion for Justice.

The latter would ensure that all of you received the “Equal Justice Under Law” that has been denied them by ‘Unpunishable Judges Above Law’. Their enormous and uncontrolled power is in effect absolute power, the kind that corrupts absolutely. It turns a judgeship into a safe haven for coordinated judicial wrongdoing5.

You can be the reluctant hero, who confronted with both the legal duty to safeguard the integrity of judicial process and the moral one of your oath ‘to do equal justice to the litigant and to the judge’, turns away from the comfort of complicit silence or willful ignorance and takes on the arduous task of denouncing judicial wrongdoing.

A risky one, no doubt, which offers a commensurable reward: That of making a name for yourself as the Chief Justice who would not tolerate his peers’ wrongdoing6 to the detriment of “the general Welfare” and thus decided to expose the most secretive of the three branches so that “We the People” could see how they failed to discharge their duty, and how to ensure that others fulfill theirs, to “establish Justice”.

Therefore, I respectfully request that you denounce the judges’ coordinated wrongdoing operated with impunity through their systematic dismissal of complaints against them.

Your denunciation can become known as Justice Roberts’ I Accuse, the equivalent of Emile Zola’s exposure of abuse of power by government officials in the Dreyfus Affair7. Your moral courage can be that of Prometheus, who took the secrets of corruption from the judges to give our nation the fire of justice.

Meantime, I look forward to hearing from you.
Sincerely,

Dr. Richard Cordero, Esq.
Dr.Richard.Cordero.Esq@Judicial-Discipline

Anonymous said...

no more money for judges
without complete accountability.
if they do not like the pay go work someplace else

Anonymous said...

I don't get it. Not only do they know what the pay and the work is, they have to campaign and get people to elect them. Then after a few years, if they want to stay, they have to get the job all over again.

No one is holding a gun to their heads to take the job or to stay.

What about the free market. If the job can't be filled and the reason is money, then salaries will rise. Who takes a temporary job, one that many want, and then go to the employer demanding more money, and then sue to get it?

Only in America.

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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