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Tuesday, January 19, 2010

Gubernatorial Target: A Corrupted Court System

Governor Criticizes Judiciary Budget, Calls It 'Business as Usual'
The New York Law Journal by Joel Stashenko - January 20, 2010
January 20, 2010

ALBANY, NY - Governor David A. Paterson suggested today that the court system was guilty of conducting "business as usual" by advancing a 7.4 percent spending increase that ignores the "reality" of the state's rough fiscal circumstances. In addition to urging the court system and legislators to revisit the judiciary's $2.7 billion spending plan, the governor called for increases in civil court filing fees—a measure Chief Judge Jonathan Lippman has opposed. The governor's unusually critical observations were contained in a commentary on his $134 billion budget proposal he submitted to the Legislature for the fiscal year that begins April 1. His proposal calls for an increase of 0.6 percent in spending and would close a projected budget gap of $7.5 billion. "Admittedly, the operation of the courts and their reform is no simple matter; but it must also be acknowledged that the $2.7 billion Judiciary budget is a significant part of the overall State budget," the governor wrote. "The Judiciary must accept that each branch of government can no longer conduct 'business as usual,' and that all branches share an obligation to taxpayers to restructure government in light of the State's new fiscal reality." The governor is under the constitutional obligation to submit the judiciary's budget to the Legislature as it presented to him although he is free to comment on court spending.

Last year, when the courts proposed a budget that included virtually no spending increase for the second year in a row, the governor praised the courts for being "responsive" to the state government's economic situation. The Legislature and the governor are free to alter the courts' proposal when they adopt a final budget. Mr. Paterson urged the Legislature to scrutinize the courts' budget request for fiscal 2010-11. "Given the serious fiscal situation in which the State finds itself, I am transmitting the Judiciary's budget submission along with a strong charge to the Legislature to evaluate this request carefully," the governor wrote. "I also call upon the Chief Judge to revisit this request and offer suggestions for how it may be reduced." There was no immediate response today from the court system.

Court administrators had described the spending plan that they submitted in December as a "zero growth budget," with all of the projected increases going to contractually mandated wage, pension and benefit payments (NYLJ, Dec. 3, 2009). "There are no discretionary programs to cut and no nonessential initiatives to defer," judicial administrators said. The judiciary's budget does include $48 million for a pay raise for state judges retroactive to April 1, 2005, representing a one quarter of one percent increase. The legality of denying the judiciary a pay increase since 1999 is currently before the Court of Appeals (NYLJ, Jan. 13).

But Mr. Paterson today noted that Judge Lippman is doubling from $5,000 to $10,000 the size of his "judicial supplemental support fund," a pool of money to help pay for judges' robes, life insurance and other costs related to their jobs. "There appears to be little restriction on how these funds are spent," the governor noted. Of the pay raise retroactivity and the overall size of the money held in reserve for a judicial pay raise, Mr. Paterson observed, "the increase is quite large given the current economic climate," though the governor said it was "regrettable" that judges have been denied a raise. The governor said he also had warned court administrators that he opposed the judiciary including $15 million in its proposed budget to help fund civil legal services in light of the drastic fall-off in funding for the Interest on Lawyer Accounts (IOLA) fund. Mr. Paterson said he favored an increase in court filing fees for civil actions to fund legal services for civil litigants and others. The governor said increases he proposed today would raise $41 million in the next fiscal year and also deter the filing of "frivolous cases and motions." The governor's budget also proposes a continued downsizing of the state's residential and institutional system for housing potentially dangerous juveniles with the closing of two more facilities and reductions in the residential populations of two state centers. Mr. Paterson's budget proposal now goes to the Legislature for its dissection following public hearings. A final spending plan will be negotiated by Mr. Paterson and legislative leaders later in the year. Joel Stashenko can be reached at jstashenko@alm.com.

18 comments:

mad as hell said...

Last chance, Dave. You'll have my vote, and everyone I know's vote, if you take on Lippman and his co-conspirator Silver. Bring them to justice, and return justice to New York .

Anonymous said...

Go Governor Paterson! Get those criminal bastards that disgrace our judiciary!!!!

Anonymous said...

Why hasn't he called for the AG to investigate?

Anonymous said...

Paterson should not raise the civil court fees. Civil court is called the peoples court. Most of the people thier are poor and for things like housing. Making it more costly for pooor people to have thier day in court will only hurt the poor. I never thought I would agree with Lippman but he is right on that one.
AS far as the Cumo he had a fundraiser the other day he is building the bank account i guess to run for gov. Some of Cumos biggest doners are lawyers and Law firms.

Anonymous said...

There is nothing in the News article itself that would show that Gov Paterson has committed to "taking On" the corruption in the Judiciary.

And, agree with comment above that Increase in Civil Court Filing Fees is Totally wrong and nothing but WINDFALL and MORE Advantage to the Powerful Law firms already controlling too much of the Judiciary. This proposed increase is JUST as BAD as the one passed under Pataki known as the Motion Filing Fee which is nothing but Advantage to wealthy litigants and powerful law firms in a system that is horribly corrupt already.

When Gov Paterson comes out and calls for a Special Prosecutor to handle the corruption in the Judiciary and ask the AG for such and says it needs to be done on a statewide basis, then and ONLY then will New Yorkers know that Gov Paterson is truly serious about court corruption and reform.

where AG Cuomo stands on these issues remains to be seen but many have been waiting and many have provided ample notice to the AG of the statewide problems.

from the hudson valley region

Anonymous said...

Well, I will like to know when is Bernadette E. Lupinetti, Esq. is going to be arrested for case rigging, child endangerment, collusion, human trafficking, perjury,collusion, crimes under the RICO Act. This criminal belongs behind bars with no chance of parol for crimes against children and families. STOP protecting this criminal and the rest of the gang for Orange County including the ORange COunty DA's Office which does not investigates child porn where Officers of the COurt have been the primary criminals that have placed children at the mercy of sexual predators. I truly believe there is a child porn ring operating from the courts.

T Finnan said...

The problem in the courts is the corruption covered up by AG Cuomo. I've copied my earlier comment here:
Mr. Cuomo, you have been personally informed and your Solicitor General of the corruption of Judge Kevin K. Ryan, who moved up a two week later scheduled court date to later that same day's morning while I was in cardiac intensive care and the NOTICE to me was a call that same morning by the judge's staff to the hospital. You know the FACTS that the hospital doesn't accept calls into cardiac intensive care and Judge Ryan refused to rehear the matter.
Mr. Cuomo, you know the FACTS that I was defribrillated five separate times and had two heart attacks and a stroke and if you didn't know that someone in cardiac intensive should not check out, you are either a moron or unethical liar.
Mr. Cuomo, I'm calling your cards.
Now it's time for Paterson to call Cuomo's cards also. Ask Cuomo, what he is doing about Judge Kevin K. Ryan and Robert Tembeckjian? Call Cuomo on Judge Ryan and Tembeckjian and on everything reported on this site.

Anonymous said...

Show one's gratitude you due to the fact that your help!

Anonymous said...

Paterson really just needs to start arresting some more Senators and they will sing like a bird......
Hey Paterson, start in Maziarz district, the decent citizens want to speak.......
send in the troops........

Anonymous said...

anyone want to turn in any Judiciary thugs, Senators that are thugs, tell Paterson!

Anonymous said...

Hey Finan,
don't feel so bad, Pendleton backdated their fake charges but they waited until I was in a car accident, concussion, head injury,
surgeries....they waited until I was paralyzed and they did it then and never told me, and still threatened me and made due on those threats in the car accident trial and they changed that paperwork too..............
otherwise all their fake stories wouldn't add up, that is why they did it.........
multiple felonies, they do it!
hey Andy where are you

must be why they make up those stories.......
what you make up about others is a reflection upon oneself........

Anonymous said...

know what else they did, so I have concussion, misdiagnosed, so I have been walking around with my hand on my head, from pain, wondering where am I going what am I doing and that gave them reason to tell people, see she's nuts!!!!
must have pissed them off when the testing proved I had a head injury
so they just deleted that info from the trial!

Anonymous said...

hey Maziarz and Wojtaszek you know anything about all this?

Anonymous said...

maybe these Senators should do their job with honesty and integrity and think twice or we the decent citizens will be turning them in and get them arrested
and they will, in turn, turn others in, like our Judges and they will turn others in, this is great.......
EXPOSE CORRUPT CRUD

Anonymous said...

giving pay increases back to 2005, that is called a payoff
then they will continue their insanity unless the increase is denied, then maybe the honest one's will turn in the corrupt one's............
you harm innocents, they turn people in......
deny their pay increases entirely

Anonymous said...

A federal judge ruled Friday that Poospatuck Indian Reservation cigarette magnate Rodney Morrison had one rival murdered and another robbed, despite a jury's earlier acquittal of Morrison on those charges.

U.S. District Judge Denis Hurley, in federal court in Central Islip, said he plans to include the murder and robbery in his calculations when he sentences Morrison at the end of February.

The judge's decision means that Morrison could be sentenced to 30 years in prison instead of only the time he so far has served, which his attorneys have argued. He has been held without bail since he was arrested almost six years ago.

Morrison, a multimillionaire cigarette bootlegger who once was a petty crack dealer in Brooklyn, held fingers tightly in each of his ears for much of the time that Hurley gave his decision, in an apparent effort to shut out the judge's words.

In 2008, a jury convicted Morrison of racketeering conspiracy in the commission of cigarette bootlegging from his Peace Pipe Smoke Shop on the Mastic reservation, as well as illegal possession of a gun. The jury acquitted him of murder in connection with the killing of Sherwin Henry, a rival smoke shop owner; and robbery and arson.

Hurley said he had "great respect for the jury - great respect for the Herculean task" they performed, but said he was required to adhere to a different standard in sentencing.

As a judge, he said, he was using a legal standard based on the preponderance of the evidence, rather than the standard used by the jury - guilt beyond a reasonable doubt. Secondly, Hurley said, he was not ruling that the murder and robbery were committed as separate crimes, as the jury rejected, but as racketeering actions to support the cigarette bootlegging.

Morrison's lead attorney, William Murphy of Baltimore, and prosecutors James Miskiewicz and John Durham declined to comment.

file clerk medical biller

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Anonymous said...

What the hell is the Juddisal system coming to when your court appointed attorney is lying to you

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