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Saturday, January 29, 2011

New York Bar Seeks Limits on Investigations of Judges

New York Bar Seeks Limits on Investigations of Judges
The New York Times by William Glaberson - January 28, 2011

The New York State Bar Association recommended on Friday that the state adopt sweeping changes in the judicial-discipline system that could make it more difficult for judges to be removed from the bench. The 77,000-member bar association has no legal authority, but its action is expected to begin a contentious battle over the issue in Albany. Critics had said that the proposal, put forth by a Manhattan lawyers group, the New York County Lawyers Association, was framed to help judges facing charges and did not reflect the views of the public. But at its annual meeting in Manhattan, the state bar association, through its House of Delegates, accepted many parts of the proposal, effectively promising to work for changes in state law. Some of the recommendations would require legislation or amendments to the State Constitution. The broadly framed proposal would divide the state agency that investigates judges, the New York State Commission on Judicial Conduct, into two parts, one to prosecute judges and one to rule on the charges. It would also give judges early notice of investigations, would permit them to question investigators’ witnesses before any hearing and would add new limits on how much the commission could expand an investigation after an initial complaint. The bar association also called for the state to pay for lawyers for judges who are charged with misconduct. The judicial conduct commission investigates about 250 judges a year, and it publicly disciplined 15 judges last year. There are about 3,500 full- and part-time judges in the state. During a debate on Friday in the 298-member House of Delegates, some delegates said they knew of no problem with New York’s current judicial-discipline system, but for others, “it’s very important that we support our judges,” as one delegate put it. Dennis R. Hawkins, a delegate who is the executive director of the Committee for Modern Courts, a group that has focused on court issues for decades, noted that the proposal made no mention of a decades-old recommendation that judicial discipline hearings be open to the public. The hearings are secret under state law, and many judges favor keeping them closed. James B. Kobak Jr., the president of the New York Country Lawyers’ Association, said his group would study the secrecy requirement. The president of the state bar association, Stephen P. Younger, said changes in the judicial discipline procedure were needed “to protect those who are charged unfairly.” But Robert H. Tembeckjian, the administrator of the judicial conduct commission, said the commission would oppose the proposed changes. He said that if they were adopted it “would be harder to investigate and discipline judges who have committed misconduct.”

Mr. Tembeckjian was at the bar association meeting on Friday, at the Hilton New York. But he was not permitted to address the meeting. He said it was “absurd that they would not let me speak.” But Mr. Younger said the commission’s views had been considered and the association “followed its standard procedure” in hearing only from its own delegates. Still, during the debate, the Manhattan lawyers’ group backed down on two divisive proposals. The association withdrew a proposal to require “clear and convincing evidence” to prove judicial misconduct and dropped a proposal that would have required investigators to “accord judges the highest degree of respect” when looking into misconduct. Instead, the delegates passed a provision that would merely suggest that everyone involved with judicial-conduct investigations “treat each other with respect.” The Manhattan lawyers’ association agreed to the change after a New York City lawyer, Mark H. Alcott, suggested it during the debate. Mr. Alcott, a former state bar association president, said proposing that investigators must treat judges with the highest degree of respect “could cause a perception problem,” making it appear that the lawyers’ group wanted favorable treatment for judges.

63 comments:

I know Tembeckjian said...

Robert Tembeckjian is a bit upset that he couldn't talk to the gathered group. He should be thankful he was let in the building. Tembeckjian belongs in jail, where he can talk to groups of various co-criminals.

Anonymous said...

Scrap it all, and start over. Begin with OCA.

Anonymous said...

Why should the bar association have any say with the judges?

Judges in New York are elected, so if anyone should discipline the judges, it should be the citizens of the state who put them there.

If New York wants to get control of its expenses, a good first start would be to clean up the administration of the courts. If the Judges and lawyers (and the rest of the administration) were actually doing what they are supposed to do by law, litigants wouldn't have to keep going back to court to demand that the mistakes and violations, that should never have happened in the first place be fixed.

If Lippman and all the other administrative judges addressed the problems with judges in the first place, maybe there wouldn't be such a need to rise to disciplinary actions.

Lippman is only 65, so there is still another 5 years left for him to continue this mess. Cuomo doesn't even get that long before he has to answer to the citizens on how he's doing.

Will Galison said...

invisible friend of will gallison said...


Looks like Will Galison went off his meds. LOL
Using -Sh*u- or -Galis*n- is a good indication of someone in need of heavy medication. Of course, maybe it's not Will Galison but someone else trying to look paranoid and crazy. Automatic censoring of words like Sheu or Galison is pretty paranoid and crazy. LOL I'll be watching these words and those words. I'm going to watch all words, especially ones typed upside down or inside out. And the rest of what I have to say will be typed with invisible letters. LOL

January 26, 2011 4:57 PM


January 26, 2011 6:51 PM

Will Galison said...

To my invisible friend,

Frank censored at least ten of my posts regarding Sunny Sheu. I took a screen shot of the posts up on the site immediately after posting and sent them to twenty people. The posts were all removed within minutes, even at 4:00 AM, which led me to believe that they were automatically censored. An NYPD detective friend also suggested this was the case.

I may have been wrong. It could be that Frank monitors his mail at all hours of day and night.

In any case; if you have enough invisible balls to reveal your email address, I will send you proof that the posts regarding Sunny were removed by Frank.

Mine is wgalison@aol.com

Otherwise, its not me that needs meds. It's you that needs balls and/or a brain.

Will

Will Galison said...

To all my visible friends who check this site:

I will be debuting my new album at Joe's Pub next Friday, February 4th. Ten-piece orchestra and special guests. It will be great.

For details:

http://web.me.com/wgalison/Will_Galison/Line_Open_CD_PARTY.html

Hope to see you there,


Will

will galison said...

To all my visible friends who follow this site: I will be debuting my new CD at Joe' Pub next Friday, Feb 4.

Ten-piece orchestra and special guests. It will be great.

I hope to see you there. More info at:

http://web.me.com/wgalison/Will_Galison/Line_Open_CD_PARTY.html

will galison said...

Frank,

Can you please censor the last two posts? The proper URL is:

http://web.me.com/wgalison/Will_Galison/Line_Open_CD_PARTY.html

Thanks.

The Suggestion Man said...

Sargentakis should have named the individual lawyers in his lawsuit.

will galison said...

Folks:

Please add .html after the URL above. Apparently this site automatically censors links.

For a minute there I thought my meds had stopped working!

SlidingScale said...

The terrific to good Judges deserve a raise..

The mediocre deserve training..

and the Corrupt deserve Jail..

wg said...

Well said, Sliding Scale

Hell's Journal said...

Every crooked judge benefits a crooked lawyer. If you go after crooked judges; you ensnare crooked lawyers. The bar committees on this wants to kiss butt and hope for tit for tat. NY's crooked judges exist because NY's crooked lawyers want and need them. Sign at the Entrance to the Inner Circle of Hell: Lawyers, Judges, Crooks and assorted low-life's; you're all different aspects of evil and barely indistinguishable. Judges get to the hottest center area, followed by lawyers a little out of the heat and common criminals are at lower heat levels, just outside lawyers. In the interest of Justice as you gave it, the flames go on for eternity. Burn in Hell, you all.
Note: Tembeckjian will be placed at the center with the Inquisition judges.

Surreal said...

It's all catch me if you can..

I am amazed at how many have/had knowledge of a crime and didn't report it...

They stand by and watch others steal

and then say,

"but I'm innocent I only watched" that house get stolen...

Anonymous said...

Lowering the Bar

http://www.nypost.com/p/news/opinion/editorials/lowering_the_bar_cV4aJ63xWuUwzWP58cYHTM

Anonymous said...

Of course the Bar Assn wants to protect and cover for their brother attorneys who happen to sitting Judges because someday they hope to be Judges and then they will need protection.

Anonymous said...

When Michael Garcia became the US Attorney there was an active case going involving judicial corruption. That came to a halt due to many things including the Judges telling him to cease with the final blow given by then Chief Judge Judith Kaye who he had clerked for. The DOJ has both audio and video tapes of NY Judges making deals and it all hasn't been destroyed! When will it see the light of day?

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Anonymous said...

To Anonymouse @5:50 PM
The DOJ has both audio and video tapes of NY Judges making deals and it all hasn't been destroyed! When will it see the light of day?

Well if they're not gonna use them...

Wikileak...

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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