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Tuesday, December 23, 2008

Corrupt Commission on Judicial Conduct Recommends Judge-Elect Suspension

Counsel Asks Court of Appeals Not to Suspend Surrogate-Elect
The New York Law Journal by Joel Stashenko and Daniel Wise - December 23, 2008

Nora S. Anderson should be allowed to become Manhattan surrogate on Jan. 1, even as the Manhattan district attorney prosecutes her on felony charges of concealing improper political contributions during her campaign for the bench earlier this year, her attorney has told the Court of Appeals. And if the Court decides to suspend Ms. Anderson, it should do so with pay because she is supporting an ill mother and brother, and the surrogate-elect will be prohibited from practicing law when her term begins on Jan. 1, the attorney, Richard Godosky, urged in a letter to the Court.

The Court is determining Ms. Anderson's status as surrogate following her Dec. 10 arraignment on a 10-count indictment of falsely reporting that $250,000 that poured into her campaign coffers before the September primary was her own money. Prosecutors contend the money came from attorney Seth Rubenstein, for whom Ms. Anderson has worked for nearly a decade. "Ms. Anderson's indictment . . . does not charge Ms. Anderson with acts of venality or corruption, but violations of the campaign finance provisions of the Election Law either as misdemeanors under the Election Law or generic felonies under the Penal Law based on the Election Law misdemeanors," Mr. Godosky wrote. "Obviously, because she has yet to take the Bench, the conduct with which Ms. Anderson is charged has nothing to do with her conduct or fitness as a judge." Mr. Godosky cited Matter of Cornelius, 48 NY2d 1014 (1980), as supporting his view that suspension of a judge is not merited in every instance where the judge is charged with a felony. In Cornelius, a 5-2 Court ruled against suspending a Family Court judge from Monroe County who faced a felony for offering testimony while a prosecutor which he had been advised was false.

Robert H. Tembeckjian, administrator of the state Commission on Judicial Conduct, argued in his letter to the Court that suspension is the customary course the Court has taken when judges have been charged with felonies. Doing so balances the "presumption of innocence to which the accused is entitled at trial with the need for public confidence in the integrity of the judiciary, the courts and the administration of justice," Mr. Tembeckjian wrote. "The Commission believes that public confidence in the integrity of the judiciary, the courts and the administration of justice would be undermined were Ms. Anderson to exercise the powers of judicial office in one court while contemporaneously defending against felony charges pending against her in another," Mr. Tembeckjian opined. The commission advised the Court of Appeals it could find no other instance since the current constitutional and statutory provisions giving the Court the authority to decide the status of judges went into effect in 1978 when an individual not holding judicial or other public office was charged with a felony between the election and when the individual was to take office. Mr. Tembeckjian said the commission was taking no position on whether Ms. Anderson should be paid if she is suspended. Mr. Godosky criticized Mr. Tembeckjian for not citing Matter of Cornelius in his letter to the Court. Mr. Tembeckjian said it was an oversight. The Court is expected to make a determination on Ms. Anderson's judicial status as of Jan. 1 based on the submissions.

Both Ms. Anderson and Mr. Rubenstein have been free on their own recognizance since being arraigned on the charges before Acting Supreme Court Justice Bruce Allen of Manhattan (NYLJ, Dec. 11). Both face a maximum prison term of 1 1/3 to four years if convicted of the top six counts of the indictment, all Class E felonies. When announcing the indictments earlier this month, District Attorney Robert M. Morgenthau contended Ms. Anderson found herself short of money in the waning days of the Democratic primary in September. Mr. Rubenstein is accused of making payments of $100,000 and $150,000 from his own accounts to Ms. Anderson's personal accounts, with Ms. Anderson allegedly donating the money or lending it to her campaign fund. By law, the maximum Mr. Rubenstein could contribute to Ms. Anderson's primary was $33,122, Mr. Morgenthau said.

Ms. Anderson won a three-way race against John J. Reddy, counsel to the public administrator, and Manhattan Justice Milton A. Tingling by capturing 48 percent of the 55,000 votes cast. She ran unopposed in the general election. The Manhattan surrogate makes $136,700 a year. If Ms. Anderson is suspended, Chief Administrative Judge Ann Pfau could assign another judge to fill in until her case is resolved. Mr. Godosky, of Godosky & Genile, is representing Ms. Anderson in the suspension matter. Gustave H. Newman of Newman & Greenberg is her trial counsel. "She fully expects to be vindicated, whether on pretrial motion or after trial," Mr. Godosky told the Court. Stuart M. Cohen, clerk of the Court, invited both Ms. Anderson and the commission to offer their views to the Court as it considers whether Ms. Anderson should be suspended.,

Suspension Recommended for Judge-Elect
The New York Times by JAMES BARRON - December 22, 2008

The State Commission on Judicial Conduct recommended on Monday that Judge-elect Nora S. Anderson be suspended when she takes office next month in Manhattan Surrogate’s Court and that she not exercise judicial power until charges that she violated campaign-finance laws are settled. The commission said in a letter to the Court of Appeals, the state’s highest court, that “public confidence in the integrity of the judiciary, the courts and the administration of justice would be undermined” if Ms. Anderson presided over cases in Surrogate’s Court while facing criminal charges. Robert H. Tembeckjian, the commission’s administrator and counsel, said in the letter that the commission was not taking a position on the allegations against Ms. Anderson, a lawyer who won a three-way race last month. A grand jury in Manhattan indicted her on Dec. 10 on charges of accepting $250,000 in campaign contributions from her boss and concealing where the money came from. Under state law, individual donors are not allowed to give any campaign more than $33,122.50.

Mr. Tembeckjian said in an interview that since 1978, when the current laws covering the state judiciary took effect, there had been no other cases that he was aware of involving felony charges against a judge who had been elected but not yet sworn in. He said that a felony indictment against a judge or a judge-elect was “rare,” but that it had been the “consistent practice” of the Court of Appeals to suspend an accused judge while the charges were pending. “In so doing,” he said in the letter, “the court has balanced the presumption of innocence to which the accused is entitled at trial with the need for public confidence in the integrity of the judiciary, the courts and the administration of justice.” The Court of Appeals notified Ms. Anderson on Dec. 11 that it may consider suspending her until the case was settled. A lawyer for Ms. Anderson, Gustave H. Newman, did not return a call for comment.

Judge Could Be Suspended on the Day She Is Sworn In
The New York Times by JOHN ELIGON - December 12, 2008

The New York Court of Appeals notified Judge-elect Nora S. Anderson on Thursday that it may consider suspending her until criminal charges against her are decided. The court also offered her an opportunity to oppose suspension. A day earlier, Ms. Anderson, who was elected last month to the Manhattan Surrogate’s Court, was indicted on charges that she had concealed the source of $250,000 worth of contributions to her campaign. Manhattan prosecutors also charged Seth Rubenstein — the head of the Brooklyn law firm where Ms. Anderson works, and her campaign adviser — who they say funneled the money to Ms. Anderson’s campaign account. Ms. Anderson is to officially assume her judgeship on Jan. 1. But the Court of Appeals, the state’s highest court, which has the authority to suspend a judge charged with a felony, could act before the end of the year, said David Bookstaver, a spokesman for the Office of Court Administration. If the court does decide to suspend her, its action would not take effect until Jan. 1. Chief Judge Judith S. Kaye will not participate in the discussions because she is retiring Dec. 31, before any decision involving Ms. Anderson would take effect, Gary Spencer, a Court of Appeals spokesman, said.

A letter, signed by Stuart M. Cohen, the court clerk, notifying Ms. Anderson of the possibility of suspension, gives Ms. Anderson until Dec. 22 to offer “reasons or arguments why suspension action should not be taken.” The letter also said that the Commission on Judicial Conduct, which has the authority to remove a judge from the bench, may present its views. Such letters are standard when judges face suspension, Mr. Spencer said. If Ms. Anderson is suspended, Ann Pfau, the state’s chief administrative judge, would assign a temporary replacement. John Reddy, one of the candidates Ms. Anderson beat in the Democratic primary in September, said he would reserve judgment because the truth remained uncertain. Justice Milton Tingling of State Supreme Court, another candidate who lost to Ms. Anderson, said sitting judges could not comment on active cases. Ravi Batra, Justice Tingling’s campaign finance chairman, who called for an investigation into Ms. Anderson in July, said it might be best for her to resign. Ms. Anderson’s lawyer, Gus Newman, said Ms. Anderson “is not going to resign the post.”


Anonymous said...

It happens that the Commission is correct that Nora Anderson should be suspended. But the Commission on Judicial Conduct is still corrupt, as most people now realize, as they have become a political bully, unable to provide fair and balanced proceedings- sadly contrary to their public duty. Understand, also, that it was a system corrupted by bad folks that allowed, and maybe even encouraged, Nora Anderson's improper acts. I attempt to judge fairly, and if I fail my oath I should be stopped from such conduct. I firmly believe that the New York State Commission on Judicial Conduct is corrupt, beyond repair and that it should be shut down.

Anonymous said...

Don't worry. The CJC as we know, along with Tembeckjian's band of thugs, will be no more in 2009.

Anonymous said...

Mr. Tembeckjian...The Courts and their ability to administer justice has been undermined extensively for a very long time... with your current Chief Judge and HER entourage of crime committing associate and administrative judges.

Your commission, whom I know well, has had a major part in perpetuating that mentality among the citizens of NY state.

So as you are correct in this particular situation...where the hell were you in the hundreds of other judicial cases, that have compromised this judicial system.....we have now come... to not trust most of the time and question all the rest of the time?

Anonymous said...

It's nice to see Godosky's name in the news as he usually remains below the radar screen, but always launching his long lists of dirty deeds. It'd be better to see Godosky in cuffs, I must say.

Anonymous said...

This story gets crazier by the second..I cannot believe what I'm reading here...This Judge Nora Anderson allegedly committed these crimes and these "THUGS" are trying to get her off.. Gustave H. Newman, Esq. and Richard Godosky, Esq...Oh, BTW, you forgot to mention Allen H. Isaac...There now you have the Three Stooges..

I was once told by a lawyer, "Don't you EVER mention Richard Godosky's name anywhere because he'll run you over with a STREAM ROLLER"..Well, Godosky get your stream roller ready cause here goes..Your cross-examination of me at the DDC was a complete JOKE..Where did you get your BS acting skills from, Allen H.Isaac?...BTW, Isaac talked about you and Newman's to be continued.

Anonymous said...


Anonymous said...

Bob Tembeckjian has some balls mentioning the "need for public confidence in the integrity of the judiciary, the courts and the administration of justice."

Tembeckjian, mostly alone, has caused the CJC to be widely regarded as the farce that it is. In fairness, it should be noted that Bob's lapdog, Alan Friedberg, provided his own best efforts to derail due process and fair hearings while he was at the CJC, before moving his Friedberg-patented-shifty ways to the disgraced DDC.

Anonymous said...

With the type of comments that have been posted on this blog for a long time now, when is the public going to see Governor Paterson Publicly talk about abolishing the CJC and proposing major reform in the entire state justice system?

Before he was ousted, Governor Spitzer did publicly discuss problems with Raoul Felder and also publicly mentioned the Judiciary as the last bastion of political patronage that needed to be dismantled statewide.

There has been talk that Gov Paterson was going to appoint a Special Prosecutor to address the crisis in the State Court system and CJC.

There has been talk of having former CJC hack Friedberg and others on tape demonstrating the systematic whitewashing processes for the "protected" judidical friends.

When is the public going to see clear and direct action on these topics.

It is great that the Bronx Judge has stepped into the fray but the system needs more, Statewide immediately.

In upstate NY if you file at the CJC for good and meritorious reasons the Complaint is whitewashed with no contact to any witnesses, mother's lose their Constitutional rights to their children for several months in illegal retaliation, then the lawyer is targeted by the DDC "Standard" hacks who whitewash all of the misdeeds of the protected attorneys while the Courts whitewash matters which should be referred to the CJC and elsewhere.

It is more than time for a Change and let's see Governor Paterson come out and boldly discuss plans to abolish the CJC as it is known and announce plans for wholesale OCA and justice system reform.

Anonymous said...

They should put all of these criminal bastards on an Island, handcuffed together, starve them to death and let them all commit cannibalism with each other.

Anonymous said...

Ok, Here it is Judge Nora Anderson:

1) Gus Newman, Esq.,hopes to get you off on the Criminal charges, by calling Allen Isaac to put the fix in.. "GET ISAAC".. "GET ISAAC"

2) Then Allen Isaac calls his "POWERFUL LAWYER" friend to put the fix in for you;

3)Then Richard Godosky, Esq.,represents you in front of the Commission on Judicial Conduct, then magically all things seem to disappear for you;

There, now you have your Dream Team, A/K/A GOD Squad...Sounds like a great DREAM...But, watch out, it may wind up being your biggest NIGHTMARE.

Anonymous said...

As an attorney, I was obligated to report crimes when I saw them, and I did so against 2 judges. When I filed completely documented proof with the CJC I found myself a target of OCA. Friedberg and Tembeckjian can NEVER be trusted.

Anonymous said...


Anonymous said...

to the attorney who posted at 11:47 am about being targeted after reporting to the cjc, there is a lot in common. write to if you wish to share information.

Anonymous said...

Corrupt Courts Administrator:

check your Email for an email called "Important fyi on CJC" etc!

Anonymous said...

OCA loves gives their counsel's office a new and fresh sexual charge anytime they find one.

This bunch of low level legal minds of minor ability, get to research the laws and confer about how well and creative they can devise actions gainst the INNOCENT, so the slug chief judge can authorize their latest conquest!

If you look at them and assess see frumpy, stupid and amazingly careless losers, who are thrilled to destroy people they believe cannot afford a healthy defense..but they do not always assess a person's defense..... correctly, wisely or healthy!

So if OCA targets must compliment yourself for being so interesting to them and all the hacks they employ...and then get to work watching all the mistakes they make attempting to twist the law to destroy you. They are really stupid criminals...all the more reason to imprison them quickly!

I truly hate stupid criminals who have billions of dollars and unending legal minds, but still cannot appropriately devastate you..if you are paying attention.

The CJC and OCA can be destroyed and re-incarnated, if everyone that has written about them on this site, brings this blog to the attention of friends and family throughout the state, to comment about anything and everything judicial they have had issues with in the past 16 yrs ...outlining the gradual but extensive... corruption and destruction brought on by the Kaye regime.

Present employees...I implore you to get involved and get involved quickly..they cannot and will not fire more than one person..they will look too suspicious. Can you really work in that hell hole another minute or another day? Prison is safer than an OCA courthouse!

Anonymous said...

she should never be allowed to take the bench
she should not be given any pay and she should have her law lic.
at least temporarily pulled until further investigation.
I can not believe that people who are charged in New York can keep thier Lic. while under feloney investigation.

Anonymous said...

I happened to be with a County Court judge the other night and told him of my complaint I entered with the CJC. He laughed. Not that he laughed about my complaint, I think he was shocked that a judge would intentionally alter the court record so as to save himself the embarassment of being defied by an assistant district attorney in his courtroom. Taking no chances, I believe the judge had a little to do with the steno and it just disappeared.

As I have said in other postings, the CJC didn't bother to entertain that part of the three complaints I made. I was not even asked to supply proof of the allegation. I wasn't even given the courtesy of being a name of the person taking the complaint, other than the first name of that individual. Never did get her title or phone number.

You don't need to convince me that they are nothing but leeches sucking the blood of the taxpayers.

Anonymous said...

To the above individual:

I have proof of OCA'S delibertate alteration of a court transcript, in the form of proof of which I personally secured and a federal court deposition from the person whose testimony was taken and is the subject of the tampered transcript, denying what the original transcript stated... was this person's testimony throughout.
OCA needed to alter this transcript in order to succeed in getting the disposition they wanted against me.
This information will be brought to the attention of the Federal Court Judge presiding.
So you can tell the laughing Cty Ct judge that somewhere in NY state their is verified proof that I mean at least three top judges, Kaye, Plumadore, and a local district administrative judge, were aware that this transcript was going to be altered!
If you want to get a reaction from the CJC.... never going to handle anything against a state judge, who is not a town village or lower court judge with a few enemies....mail a copy of your proof to the CJC, your local media and the DOJ in washington..when Bush leaves..and see what happens.
Always go national, when you cannot get NY state to respect your complaints. They may not react strongly, but you are on the record....for everyone that should have addressed it and didn't. When this system is investigated, your complaint will be an asset.

Anonymous said...

anyone remember the name of that federal case either late last year or early this year based on events in yonkers where folks had to go the federal courts because locals were taking copies of the Guardian talking about courthouse issues off the shelves and more?

seems like this blog is really stirring up the state system since in some local areas folks are worried about judges coming after them when posting about statewide justice issues.

a blog like this appears to be a necessary and vital part to achieving or seeking reform in the statewide justice system since various media outlets choose not to discuss the issues raised at this site

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