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Thursday, June 11, 2009

New York Sate Retaliatory Court Rats to Scatter and Squirm

Claims of Retaliation for Refusing to 'Dish Dirt' on Judge Go Forward
The New York Law Journal by Joel Stashenko - June 11, 2009

A federal judge has allowed a hostile work environment claim to go forward against top 5th Judicial District court administrators who are accused of subjecting a former court clerk to years of retaliation, culminating in her demotion, because she declined to "dish dirt" about a disabled judge seeking election as a Democrat to the New York Supreme Court. Northern District of New York Judge David N. Hurd denied a summary judgment motion brought by the court officials, including Justice James C. Tormey III, the district's administrative judge, seeking to dismiss the claim of the former clerk of Onondaga County Family Court, Bobette J. Morin. Hurd held that the premise of the defendants' argument in favor of dismissal -- that what Morin was asked to do in 2002 was within the scope of her official duties -- is "erroneous." The defendants contend that Morin was merely asked by Tormey and John R. Voninski in 2002 to monitor Judge David G. Klim's caseloads, not to engage in partisan political activities against him in the Supreme Court race. However, Hurd noted that for the purposes of deciding the summary judgment motion, he had to accept her allegations as true. "Viewed in the light most favorable to plaintiff, the summer 2002 conversation consisted of a request for plaintiff to spy on Judge Klim in order to help improve the chances that a Republican candidate defeat him in the upcoming State Supreme Court Justice election," Hurd wrote in Morin v. Tormey, 5:07-cv-517. "Under the proper construction of the disputed facts, plaintiff's constitutional right to free speech was violated when defendants allegedly retaliated against her for her refusal to aid in their political objectives." That and several other disputed points in the litigation should be decided at trial, Hurd ruled from Utica. At the heart of Morin's claim under 42 U.S.C. §1983 is the conversation she contends she had with Tormey and Voninski, the judge's former law clerk and executive assistant in the 5th Judicial District. She alleges that Tormey said that Klim, a Democratic Onondaga County Family Court judge, was running that fall for Supreme Court against what Tormey termed "good Republican friends of mine" and tried to enlist her in politically partisan activities against Klim.

Tormey allegedly asked Morin if she "was a good Republican" and a "team player" who would be willing to document Klim's "comings and goings" and to "dish dirt" about him as he pursued the Supreme Court seat, according to Morin. Klim, who died in 2006 at the age of 54, was confined to a wheelchair because of osteogenesis imperfecta, or brittle-bone disease. According to Morin, Tormey said that the judge's disability would make him a sympathetic candidate, and he expected Klim to win editorial board support from local newspapers because of it. However, he ultimately placed third to two Republicans in a race for two open seats. When she refused to spy on Klim, Morin contended that both Tormey and Voninski became angry. Her complaint documents what she identifies as years of subsequent mistreatment by administrators in the Syracuse-based judicial district. She claims her requests for more staff and better equipment were denied, that she was not allowed to properly set up a new term in Family Court, that she was made to phone a superior when she arrived for work each day and was about to leave to verify how long she was working, and was given a substandard work area. She also claims that she was reassigned to Family Court in Lewis County -- a four-hour round trip -- and then to Family Court in Oneida County, requiring two hours of travel each day. The reassignments lasted for five months, she contended. Meanwhile, Morin said her superiors referred her for investigation to the state Inspector General's office and, in January 2007, informed her she had been recommended for dismissal. As a consolation, Morin was offered a demotion to court attorney referee in Oneida and Oswego County courts, which she accepted. Morin, who began working for the courts as a clerk for the Office of Court Administration in 1983 and became chief Family Court clerk in 1994, said she had consistently scored well in job evaluations and was nominated by co-workers in 2006 for a Unified Court System Quality Leadership and Service Award. She said in her complaint that she also served on numerous special projects within the court system, including an appointment by former Chief Administrative Judge Jonathan Lippman as the Family Court's representative on a statewide fingerprinting project in conjunction with the Division of Criminal Justice Services. Others named as defendants in her suit are Voninski; Bryan R. Hedges, Onondaga County Family Court judge; and William F. Dowling, former law clerk to Hedges and court attorney referee for Onondaga County Family Court. The state and the OCA were removed as defendants in 2007.

STATUTE OF LIMITATIONS

The defendants also claimed that Morin's action was untimely, because it was not commenced until May 15, 2007, more than three years after the 2002 conversation. However, Hurd said that the three-year statute of limitations did not accrue until she learned of any individual act of retaliation. Therefore, he ruled she could allege any acts of retaliation for refusing to spy on Klim that occurred after May 15, 2004, but not before. Morin is seeking restitution of lost wages and pension credits, as well as restoration to her former clerk's position. William D. Frumkin, of Sapir & Frumkin in White Plains, N.Y., is representing Morin. "We're pleased with the judge's decision and we look forward to going to trial in the case," Frumkin said in an interview. He said Morin, who is now making $117,284 a year as a court attorney and referee, only lost a few thousand dollars in salary by her demotion. But he said she also lost pension credits, a position of influence in the Onondaga County Family Court and, because of her reassignment, has been made to drive additional hours to work in Oneida and Oswego counties. That added travel time can be a hazard in the snowy weather in wintertime in central New York, Frumkin said. David Bookstaver, a spokesman for the Unified Court System, declined comment because of the pending nature of the litigation. Assistant Attorney General Charles J. Quackenbush is defending Tormey and the other court officials. Tormey is still the administrative judge in the five-county 5th Judicial District.

37 comments:

downstate victim said...

Wow, I can't believe the upstate court employees are corrupt also. At least we're a united New York.... all abused by corrupt court administrative thugs. What the hell are the feds doing about this.

Anonymous said...

GO MS MORIN !!! GIVE 'EM HELL!!

Anonymous said...

Saint Andrew is still working hard as Patron Saint of Crooked Lawyers and Judges.

Anonymous said...

This is the way the game is played in the NYS Gulag also affectionately known as the NYS Courts by the crooks that operate the racket. There is no Justice! They will grind you into the ground on way or the other.

Anonymous said...

Keep your courage with these bums
it does not matter how much money you have as some believe, it always comes back to those who harm

Anonymous said...

Good news for Ms. Morin and other parts of NY state and OCA employees!

Many courts in OCA fester hostile environments...and I mean hostile...employees and supervisors running rampant creating mean and hateful work environments, while citizen/taxpayer duties are being ignored when this behavior is being conducted!

Lipmann and all his top staff throughout the state....I could name several... are well aware of this activity and condone it. It's purpose is to intimidate and force employees to submit to various illegal and unethical behavior.... that the NY judiciary is heavily absorbed in....or lose your job with a list of slanderous and libelous accusations!

I have watched upstate Chief Clerks and Deputy Chief Clerks with the help of their disgusting office moles..... spend hours, days and months chasing independent employees, who desire only to do their government job, around the offices and courtrooms .... to viciously and falsely collect documents, language and actions that ARE PEFORMED EVERYDAY BY ALL EMPLOYEES, but is then being authorized by OCA headquarters... to create and twist the material to state that the targeted employee( who has engaged in the everyday innocent activity) has performed negativley and is now being charged with misconduct.

The misconduct charges are written to state the employee is guilty of misconduct just by being charged by OCA! Innocent until proven guilty is not afforded a court employee and definitely no due process exists. I have the paperwork to support all that is stated above!

A setup by OCA against unwilling employees is real, and has been documented and is in litigation and deemed severely abusive. All this exists... while the Chief state judge... Lipmann... permits the continuation of litigation that explodes with truthful crimes against OCA, instead of attempting to quell the flow of these outrageous truths ,through admittance and service of justice.

Lipmann HIMSELF as a participant in the approval of the abuse against all the litigants and employees... did nothing to stop any of it.

Lipmann is now shuffling those on site administrators to other positions in the state or they are quitting their posts altogether.

His objective is clearly to get the judicial administrative attackers from OCA out of the limelight, while he decides how the court system can rectify their and his abuse of power and criminal behavior!

I hope he can figure this out, because it appears that the facts will hit the courts relatively soon and the nasty, stinky behind of OCA will be exposed.

Anonymous said...

I have been a victim of the OCA hit squad and feel totally helpless. Can anyone give me suggestions or attorney referrals? I realize now that the snake the is OCA is ruthless and vindictive. Please help, anyone?

Anonymous said...

To 8:05 please provide identity info.

Anonymous said...

I am very fearfull of OCA how do I know that I can trust you?

Anonymous said...

Morin is now a non-elected Judge in Oswego county. Bad news folks. Seems she is involved in some corruption of her own. How easily they fall. Seems there is an investigation brewin. Remember what Ghandhi (a lawyer) said “WHEN I DISPAIR,
I REMEMBER
THAT ALL THROUGH HISTORY
THE WAY OF TRUTH AND LOVE HAS ALWAYS WON.
THERE HAVE BEEN TYRANTS AND MURDERERS
AND FOR A TIME THEY CAN SEEM INVINCABLE,
BUT IN THE END THEY ALWAYS FALL.
THINK OF IT,
ALWAYS”

Keep Fighting
I know I will

Anonymous said...

Yes, I have heard a number of very negative things about Judge Moran. When my case began I appeared before her and I was asked if I wanted to sign a paper giving her permission to make an order for my case. I asked my lawyer what she thought. She told me that if I signed the stitulation I would be leting this Moran lady decide my case. If I did not sign the paper the Moran lady would hear the case but could not make the order. My lawyer then told me that whatever Judge Moran said the family court judge would do this Seager judge and this was how they made people mind in Oswego county. My lawyer is a tuff old lady with alot of years experience so I did what she said and signed the paper. It went realy bad for me. This Moran lady is part of some kind of conspiracy. I am making a complaint to the feds and I may not be a roket scientist but I am no fool.

Proper Aithorities said...

This situation is being looked into. Those with credible information should contact the "proper authorities" feel free to leave info on this site as well.

Anonymous said...

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120 Broadway, 22nd Floor
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Federal Bureau of Investigation
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Anonymous said...

Why is she serving in Oswego County??
Amid all of the controversy in Onondaga County she should stay there. Oswego county is a whole different world. Full of unresolved crime, sex offenders and drug dealers. She would have to do a lot of homework before even thinking of presiding over any "family court" matters in Oswego. I know, I live here. There is more corruption in this small town than any larger city would ever see. It's all just swept under a rug for yet another day. We "harbor" all of the people that no other community can be bothered with.

Anonymous said...

ADMINISTRATOR;
CAN YOU ADD A NEW BLOG OR SECTION FOR OSWEGO COUNTY COURTS. WE HAVE ALOT TO SAY, MANY OF US ARE AFRAID TO EVEN GIVE OUR E-MAIL.

Anonymous said...

ADMINISTRATOR;
CAN YOU ADD A NEW BLOG OR SECTION FOR OSWEGO COUNTY COURTS. WE HAVE ALOT TO SAY, MANY OF US ARE AFRAID TO EVEN GIVE OUR E-MAIL.

Anonymous said...

Here is a thought. Do ya think she figures that she is above being held accountable because she is suing the system that is designed to hold her accountable? Even naming the head judge in her suit. Maybe she is untouchable, she sure acts like it.

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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