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Thursday, September 25, 2008

Gov. Paterson Seeks Reversal of Judges' Pay Order

Paterson Seeks Reversal of Order to Boost Judges' Pay
The New York Law Journal by Dan Wise - September 25, 2008

Governor David A. Paterson yesterday filed his brief in the Appellate Division, First Department, asking for the reversal of an order requiring that judges' salaries be boosted to reflect the rise in the cost of living since 1999. In June, Manhattan Supreme Court Justice Edward H. Lehner (See Profile) ruled that a raise is required because the legislative and executive branches had violated the separation of powers doctrine by linking a raise to unrelated issues, such as a raise for lawmakers or campaign finance reform (NYLJ, June 11). In Mr. Paterson's brief, his lawyer, Richard H. Dolan, attacks Justice Lehner's ruling as creating "a wholly new Constitutional doctrine of forbidden 'linkage'" that is "as unworkable as it is baseless and unwise." The Attorney General's Office, which is representing the Assembly and Senate, did not submit a separate brief but instead endorsed the arguments advanced for the executive branch by Mr. Dolan of Schlam Stone & Dolan. Thomas Bezanson of Chadbourne & Parke, who represented the four plaintiff judges in Larabee v. Governor, 11201/07, said in an interview that "abandonment of linkage is an incredibly simple step to take" to comply with the state Constitution and "do the right thing" and provide the first raise for the state's 1,300 judges in nearly a decade. The judges' brief defending Justice Lehner's opinion granting them summary judgment on their separation of powers claim is due Oct. 24. The appeal will be argued during the week of Nov. 17. The First Department had stayed Justice Lehner's order, which required enactment of a raise within 90 days, but ordered the two sides to submit their briefs on an expedited schedule.

10 comments:

waiting said...

Come on Governor P. Start making a change!!! Give 'em hell, David !!!!!

Louise Uccio said...

If the Judges think "forged linkages" are a problem for them..

They should try being a litigant in family/Supreme lawlessness courts with NO WHERE TO TURN ...

Because they have all linked together "forged linkages" and will NOT do squat about the abuses of we (families) the people!

Can you say conflict of interest?

You Go Governor David Paterson said...

God Bless you David Paterson..Keep on plugging away..As Frank would say..keep chewing at their ankles.

Anonymous said...

Those scum earn plenty already when you add in bribes, gifts, sweet heart deals for themselves, relatives and friends. The NY Constitution gives this power for remuneration to the legislature. Everyone of the scum should be impeached for usurpation of unconstitutional powers. Andrew Jackson told the Supreme Court you and what army will do it. Hopefully, Gov. Patterson will have the guts. Use the National Guard or the State Police to physically remove them.

gopher said...

Gov. David Patterson should fire all of these parasites on the body politic of New York State.

Anonymous said...

There is a dirty little secret about judges like Lehner that the OCA keeps under wraps. Under the State Constitution and laws, these judges over the age of 70 are supposed to be "certificated." The Constitution and laws spell out how these positions are to be obtained, but more importantly, anyone who wants to become "certified" must pass a physical and mental examination.
The fact is, that many, if not all, either don't have to submit to these exams or the results are completely ignored.
I had a "certificated" judge. The judge had already had repeated bouts of cancer before reaching age 70. Yet was certified, and then renewed for another year. During this time, this judge was so ill that some days the judge just didn't show up for trial. When the judge did show up, they kept taking medication and nodding off during testimony.
This judge then was recertified while in the hospital with terminal cancer and trying to hold proceedings over the phone. They finally passed away three months after being recertified.
All Patterson has to do is see if this judge is legally on the bench. I'll bet he isn't and that's why he can make what ever rulings he wants.
I'm sure most people who read this blog are not the least surprised as the OCA does whatever it wants without any regard to the Laws of the State or the Constitutions.

Anonymous said...

to the last comment
i think you are correct the one problem is they will not admit that one of thier paying buddies is unfit to be on the bench.
as long as he makes the rite contributions and pays off the right pollitical action commitee.
I had a simular thing with a lawyer
i meet that is considered one of the best and oldest law firms.
after i saw him he was i would say late 90`s early eighties. after i walked into the room he said hello
as soon as i sat down his secratary gave him a bunch of pills he asked me to tell him why i was thier. About 5 seconds later
he feel asleap.
i started talking i then adsked the woman if he was okay she said to continue talking. his head was leaning back and drool was comming out of his mouth, he was snoring i stoped talking. ever now and then he would wake up for a few seconds and fall back to sleep.
i was in his office maybe 5 minutes, He was awake 30 seconds.
when the woman walked out probably to get him more pills i just got up and went for the elavator.
i think she was in the room to prevent me from stealing some of his things.
That happend about 10 years ago.
A few months ago i saw him qouted in the N.Y law journal he was labled as one of New Yorks best legal minds. He looked more like an ahlzhimers patient 10 years ago.
Thier is a guy i found out is well into his late 80`s
he was diagnosed with parkinsons disease and prostate cancer. He still has an offices and gets money.
Somehow he gets clients I think through other lawyers.
Thier is no age limit.
all he has to do is pay the 3,000 a year for his lic they do not care if he/ she is fit.

Anonymous said...

To above.
Yes, there are no age limits to practice law. But there are limits as to when a judge must retire.
They must retire in the year in which they turn 70, however, they can ask to stay on as a "certificated" judge until they are 76. They must get "certified" every two years. They are appointed for one year, and can have that automatically renewed for one more, before they have to go through the "certification" process again.
This guy probably was "certified" without meeting the mandatory requirements. So what does he care about small details like complying with the laws and constitutions.

Anonymous said...

Not a Single Judge should get a PayRaise until their files and cases have been audited including OCA and CJC records for whitewashed complaints and until Frank Brady has completed the good work. That should be a minimum starting requirement.

Anonymous said...

OCA takes any laws, policies,rules and regulations and exploits them to fit their own purpose!
As long as OCA can site an existing ruling ,that can be twisted to support their behavior, they have their own counsel's office to implement it's usage for their many crooked needs.
By the way, this OCA lawyer cesspool spends NY STATE tax dollars everday to dream up numerous ways to circumvent these laws etc., and screw with anyone who dares to use the rules OCA falsely expounds about upholding, and then obliterates any attempts to hold OCA accountable for their abuses or non-uses..EX ATTY JOHN SULLIVAN...a nasty and vindictive OCA lawyer who takes pride and excitement in messing with those he believes, he is stronger than, and more knowledgeable in the law , while hiding behind the corruption and protection of OCA for all his criminal activities...and there are way so many!
So if you see all of this garbage being spewed by OCA personnel, it is not just the judges sitting and their staff instigating that behavior, but OCA'S own vile lawyers at the helm...advising the thugs in black, on each and every move!
Not many people are aware of the duties of OCA'S attorney's dept..so now you are , so make it well known to all.... their vicious motives in staying handsomely employed!

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