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Sunday, September 13, 2009

Certainty: These Judges Can't Get Due Process from Tembeckjian Thugs

Sloppiness or Dishonesty? Judges Probe Removal Issues
The New York Law Journal by Joel Stashenko - September 10, 2009

ALBANY, NY - An attorney for the Commission on Judicial Conduct faced close questioning yesterday from members of the Court of Appeals on whether the tangled finances and incomplete financial reporting of two state judges who are also brothers warrants their removal from the bench. Supreme Court Justice Joseph S. Alessandro and Bronx Civil Court Judge Francis M. Alessandro engaged in dishonesty that should forfeit their right to remain on their respective benches, commission attorney Edward Lindner insisted to the Court of Appeals. "You have in these two cases an extended and intertwined pattern of deliberately dishonest conduct that renders both of these petitioners unfit for public office," Mr. Lindner said. But the judges seemed through their questioning to suggest that the often confusing chain of events that began in 2003 when Joseph Alessandro borrowed $250,000 from his then-campaign manager for Westchester County Court left the question of whether either brother committed deliberate misconduct less clear than the commission had concluded.

"You're painting a picture of this very knowledgeable, careful, precise lawyer who did everything right," Judge Robert S. Smith told Robert P. Roche, attorney for Francis Alessandro. "Isn't the record also open to the interpretation that your client was sloppy, but not dishonest?" Mr. Roche, noting that Francis was in the Albany courtroom yesterday, declined to answer Judge Smith's question. "Your honor, I defer to you and suggest that you have said it," Mr. Roche replied. Joseph Alessandro was also in court. Judge Eugene F. Pigott Jr. wondered how Joseph could have filed such incomplete financial disclosure forms to the Office of Court Administration that failed to list all of the judge's properties, a charge that also formed the basis of the commission's decision to recommend his removal. "The disclosure statement, to be kind, looked like it was, I don't want to say it was filled out by a fourth-grader, but I mean it was really, really sloppy," Judge Pigott told Joseph's attorney, Paul DerOhannesian II. "I don't think I'd let something like that out of my office and I don't think most judges would." Mr. DerOhannesian said Joseph did correct omissions on his disclosure forms when the errors were brought to his attention.

"The history of commission determinations is that a prompt correction when brought to someone's attention is not something that justifies removal," Mr. DerOhannesian said. "We are not saying that it's proper. We don't ask the court to say that it's proper." He said a lesser sanction is warranted for his client than removal, which the attorney referred to as a "judicial beheading." The Commission on Judicial Conduct decided earlier this year that both Alessandros have "irretrievably" lost the public's trust as judges because of deceptive financial dealings and misstatements about transactions on disclosure forms and loan applications (NYLJ, Feb. 24). "In its totality, respondent's conduct demonstrates 'a pattern of injudicious behavior and inappropriate actions which cannot be viewed as acceptable conduct by one holding judicial office,'" the commission held in Francis' determination. It used similar words to describe the impact of Joseph's filing of "incomplete, inaccurate information" on disclosure and loan applications. Both men's problems largely revolved around a 30-day, $250,000 loan Joseph took out in the closing stages of his 2003 run for Westchester County judge from the manager and treasurer of his campaign.

Both brothers initially co-signed for the loan, but Joseph said he solely signed a second loan for 15 years just before the 2003 election because he realized that if the loan was not repaid within 30 days of election day, it would be treated as a contribution far in excess of legal limits. The second loan agreement did not involve Francis, who said he was assured by his brother that the obligation would be taken care of. Mr. Lindner conceded yesterday that Francis' conduct was "certainly...less egregious" than his brother's. But Mr. Lindner said the commission nonetheless determined that it warranted removal. The campaign manager, Barbara Battista, ultimately filed a civil suit naming both Alessandros seeking repayment of the loan. Joseph settled with her for $273,000 in 2005. Both Alessandros argued in briefs before the Court that the loan, and their failures to fully detail it and other financial dealings on financial forms, occurred during a difficult period personally in which their parents died and Francis' wife began to exhibit early stages of Alzheimer's disease (NYLJ, July 9). Joseph, 64, was a Westchester County judge from 2004 to 2005. He was elected to Supreme Court in the Ninth Judicial District, covering Westchester, Putnam, Dutchess, Orange and Rockland counties, beginning in 2006. He had been sitting in Orange County. Francis, 70, has been a Civil Court judge in the Bronx since 1990. In a brief arguing against his removal, Mr. Roche noted that his client will be forced to step down at the end of this year due to mandatory retirement and that his judicial legacy should not be defined by removal.

The commission voted 9-0 to recommend the removal of Joseph and 8-1 for Francis' removal. The lone dissenter in Francis' case, Elizabeth B. Hubbard, argued that censure was the proper punishment and that Francis depended on the word of his brother when he was assured that Joseph would take care of the campaign loan obligation. Both judges have been suspended with pay since appealing the commission's decision. Chief Judge Jonathan Lippman did not take part in yesterday's arguments. Under a deal worked out in 2005 by political leaders in the Ninth Judicial District, Joseph, a Republican, won the cross endorsement of Democratic leaders while Judge Lippman, a Democrat, received the endorsement of Republican leaders to a second Supreme Court seat open that year in the district. The cross-endorsement deal held even though Joseph was found not qualified for the seat by the Westchester County Bar Association after he failed to appear before the group for screening (NYLJ, Sept. 28, 2005). The Court is expected to rule by the end of October. Since 1978, the Court of Appeals has upheld 65 removal recommendations by the commission and in nine other instances reduced removals to lesser sanctions. None has managed to escape sanctions entirely. Joel.Stashenko@incisivemedia.com

24 comments:

former nys court clerk said...

I agree. Whether they did something wrong or not, surely the place for the issue to be heard is NOT the Commission on Judicial Conduct. The DJC is way too corruption. Arrest Tembekjian.

Anonymous said...

Did these guys do anything that many, many others do? YES

Federal Investigator said...

Most people are not aware of these so-called "Ethics Forms" that employees of the Judicial branch must file on a yearly basic in May. Therefore, they do what they want and get to do made overs if they get caught. These forms really should be available on line (they are not at present) so everyone has full access to them without going through the corrupt OCA. Presently to obtain these forms one must go to Beaver St. and request them and the practice is that the person that is the subject of the form is alerted as to who is requesting same. Judges like to know who is looking their way. ALso, if there are on the net no one could change/alter anything contain in the required "Ethics Forms."

Anonymous said...

A token action by CJC to fool the people into thinking they're doing something about the even worse evils that they ignore. And where was Cuomo in this?

Anonymous said...

this is great, tell Joseph and Frances to go to the governor and turn all the rats in......

every single one of them!

hope they expose the entire scam!

Anonymous said...

and sends in many feds like they did in NJ!

Anonymous said...

Federal Investigator.....
why are you not allowed to visit
Francis & Joseph to pay your respects and take a few friends with you!
see if you can get them to speak the truth!

Anonymous said...

decent people do not like turning others in but when you get messed with enough........
sometimes you gotta do what you gotta do, what the ilk involved you in.......
and that is to turn them all in!

it would be perfect timing to visit them, trust me!

Anonymous said...

wouldn't that be great the FEDS in Westchester Court, gotta start somewhere!
it would scare all judges/courthouses across NY State!

Anonymous said...

Why should these two turkeys get "Due Process" ? Screw them and the horse they rode in on the same way they have screwed some many! Then tell to appeal and the legal merry-go-round will spin them around and screw them somemore the same way we have be screwed by these turkeys! After having been through the corrupt American illegal system I learned the secret and it's MONEY! That's ALL these SOB care about!

Anonymous said...

good always prevails, the FEDS need these two help, that court is filled with evil, this would be the perfect way to overtake the evil that exists.....
the FEDS should be interviewing everyone who enters the CJC office

Anonymous said...

they care about protecting their friends and getting the most out of it they can.........
sometimes by the time you actually defend a case there is not much left, their friends will do them more favors
they make more money on insurance company scams in our legal system.....
many lawyers are just scam artists, that is why it happens in the judiciary, they were lawyers once!

Anonymous said...

but not all lawyers!

disgusted said...

Lawyers are con men. Put them in re-education camps.....where is Mao when you need him!

Anonymous said...

There must a mandate for lawyers that they re-affirm their original oath every year and sign the oath that they submit, that they have followed all laws and rules of ethics etc..governing their profession....under penalities of perjury ...to re-fresh themselves that they took an oath that has legal meaning.

Then when when other charges are alleged against them and the judiciary.... perjury can be added mandatorily...and we can finally find a way to utilize perjury as a real law that warrants punishment...perjury the forgotten prosecution.....and the NY court system's best companion!

Anonymous said...

Alessandro was elected by making a deal with Lippman and vice versa. They are Siamese twins.

Lippman thinks he can bury Allesandro now to hide the body, but Allesandro may take Lippman with him. Alessandro and Lippman are out of the same mold, filled with the same substance, rancid shit.

Let's hope there is no honor among thieves, and that Allessandro turns on Lippman, after Lippman stabbed him in the back. Lippman is the lynchpin of corruption in the NY State Judiciary. This is widely known among insiders .

My bet: Allessandro will clam up. The pressure is on big time.

Here's a summary of their unholy alliance:

"Westchester Independence Party Chair Cavallo forced the cross endorsement deal to include Joseph Allesandro, who was found to be unqualified by the Bar Association. Cavallo insisted that the cross endorsement include both Lippman and Allesandro for the 2 Supreme Court seats open in 2005, in the 9th Judicial District, which includes Westchester, Rockland, Putnam, Orange and Dutchess counties. Cavallo’s request outraged Democrats and Republicans, who watched as other qualified candidates were passed over in favor of Allesandro. Both Lippman and Allesandro won their races, Lippman with no oppositon, the only Judicial candidate in the state to run unopposed, and Allesandro with only minor opposition."


The NY Times wrote:
"In an unusual twist, one of the seven Court of Appeals judges who will act on the matter — the state’s chief judge, Jonathan Lippman — shared a distinction with Joseph Alessandro in a 2005 judicial election. Justice Alessandro had been rated unqualified by several bar associations, but won election that year after the local Republican and Democratic Parties agreed to cross-endorse him and one other candidate — Judge Lippman, who also won election to the state court."

Anonymous said...

The CJC (under Lippman) is trying to separate Lippman from Allessandro in the public eye, now that Lippman is powerful enough to sacrifice Allesandro without retribution.

snakes!

Anonymous said...

Lippman did take part, something smells fishy in this deal!

Anonymous said...

if the FEDS won't go send Seditas friends over to Allesandro......
all is fair in a war with terrorists and prostitutes.........

pray every minutes Allesandro rats them all in..........
pray every minute Lippman is taken down.............

PUSH
prayer until something happens!

Anonymous said...

HOW ABOUT DISHONEST JUDGE JOHN K. MCGUIRK FROM THE SAME COURT AS ONE OF THE ALESSANDRO BROTHERS?

Anonymous said...

it just seems as if the leader does it many will follow, the behavior of evil...........
it is like inner city people
not the educated

that court is notorious for being corrupt!

it would be the perfect court for the FEDS to enter!

P.U.S.H.!

Eliot said...

“FIRST THING WE DO, LET’S KILL ALL THE LAWYERS” Dick the Butcher, Henry VI

If I were Shakespeare I would not have edited the next line out...Second thing we do, let's kill all the judges too. Third any politicians left standing...

I like Dick the Butcher and his kind of simplistic and straightforward thinking. As always, cleavers free @ www.iviewit.tv

Eliot I. Bernstein
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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