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Wednesday, December 3, 2008

NY1: Paterson To Investigate Judicial Nomination Fraud

Paterson To Investigate Loop Holes In Nominating Chief Judge
By: NY1 News - December 3, 2008 12:15pm

Governor David Paterson held a news conference this afternoon to question the nomination list for chief judges presented to him this week because not one person on the list was a woman. He said it was even more surprising since the outgoing chief judge, Judith Kaye, is a woman. Kaye must step down because of her age. Paterson was joined by Attorney General Andrew Cuomo, who he is asking to investigate legal alternatives. Earlier this week, Paterson was handed a list of seven names to be considered to lead the highest court in the state. The list is made up of four appeals judges and three prominent lawyers; all but one are white. The selection system was established by constitutional amendment in 1977. Half of the selection commission is appointed by the chief judge and the other half is appointed by the governor.

Here's what the Albany Times Union has to say:

Paterson asks Cuomo to look into judicia nominations Lack of diversity cited by governor in list for new chief judge
The Albany Times Union by RICK KARLIN, updated: 12:51 p.m., Wednesday, December 3, 2008

Gov. David Paterson has asked Attorney General Andrew Cuomo to examine whether or not he's legally obligated to select the next chief judge of the New York Court of Appeals from a list that he finds insufficiently diverse. Paterson has expressed his displeasure that the list, compiled by the Commission on Judicial Nomination, includes no women and only one member of a minority. The current chief judge, Judith Kaye, will retire at the end of the month. The nomination process for state Court of Appeals chief judge is starting to morph into a political battle. On Monday, the governor's aides said they were exploring options for coping with the list, such as requesting more names from the nominating committee, which is bipartisan but headed by former Pataki confidant John O'Mara. At the same time, state Senate Democrats — who are about to take control of the chamber next month and who have been at a retreat in Saratoga Springs to lay out political and fund-raising strategies for next year — are starting to complain about the nominations as well.

"I am profoundly distressed by the list of candidates recommended by the Committee on Judicial Nomination," said Sen. Ruth Hassell-Thompson, ranking Democrat on the Senate Judiciary Committee, in a statement. "Without impeaching the qualifications of those on the list, I find it incomprehensible that not a single woman, nor a single Latino candidate appears on the list." The nomination controversy has ramifications for the lingering question of how a handful of rebellious senators will vote to elect the chamber's leadership. Those senators — Pedro Espada, Ruben Diaz Sr. and Carl Kruger — have made the lack of Latinos in leadership positions throughout the state a major component of their unwillingness to express support for current Senate Minority Leader Malcolm Smith.


Anonymous said...

A few thoughts, Governor Paterson.

First, anything with King George's fingerprints on it is a joke (Pataki named at least one member of the judicial nomination commission, so it is, of course, not to be taken seriously)

Next, if you appoint the best person from the list, Ted Jones, his spot on the court of appeals will open up, and then you can put a woman in.

Call your friend Fred Brewington, who you recently put on the nomination committee. He'll surely tell you and Andrew how screwed up that judicial nomination commission really is. Yes, and as I've read on this blog, you need to scrap this judicial nomination commission, all attorney grievance committees and the Commission on Judicial Conduct as they all are, and as you now know, completely corrupt.

Whatever you do, forget the name Lippman. If you appoint him, start looking for another job as you'll be pegged forever as just another sad, ass-licking hack.

We have so much faith in you, sir. Please, please, restore our faith in our government! Do it for our children, for all OCA employees, for the judges, and for the rule of law!!

Anonymous said...

call a spade a spade, dave. it's not use of loop holes. it's manipulation with fraudulent intent, by a bunch of thugs who have ruined of system of law.

Anonymous said...

So one of our leaders, a chick named Ruth, is 'distressed' ?!?!?! Hey Ruth, it's a friggin' fraud!!!

Anonymous said...

I'm still trying to figure out what we lost when they changed the name of the Supreme Court to the Court of Appeals... wonder what the governor lost too..

Anonymous said...

Is this a surprise to anyone?!? This is business in New York. What used to be simple 'funny business,' is now a total fraud on our society: constant attempts to twist everything for one's own political and financial gain. I wonder what Shelly has to say about this? Usually you can't shut that mutt up, but I haven't heard him saying anything. You see, Shelly Silver had a hard deal with Erection Eliot that Jonathan Lippman would be the next Chief Judge. But some hooker screwed up that deal (and the ex-governor too, of course) You know what I want for Christmas? Shelly's resignation! Paterson should appoint a circus clown given the recent history of Chief Judges in this pathetic state: Chief Judge and ex-felon Sol Wachler, then blind, death and dumb Judith Kaye, and then the advanced deal of Jonathan Lippman who has so many skeletons in his closet that they couldn't even fit in Shelly Silver's big head! I'm moving to Alaska!

Anonymous said...

A big welcome to Andrew Cuomo and David Paterson!

We welcome you to the hell hole that is the New York State Office of Court Administration, or the Unified Court System, or whatever else they call their sorry selves..... anyway, welcome! Sit back and watch the show. The beasts of OCA will eat your asses up too! The corruption is far bigger than both of you. You have know idea.

Anonymous said...

Here's a horrible thought: Judith Kaye has to stay on as Chief Thug until they straighten out this mess.

Anonymous said...

I take exception with all the Judith Kaye bashing on this blog. It takes much effort, thought and time to drive a system of law so deep into the bowels of hell. It take a lot of energy to demoralize so many good people, and Ms. Kaye has done this better than anyone in memory.

Please give credit where credit is due: she has spent years, and professed endless accolades upon herself, in her misguided journey to abandon the rule of law and the people who have worked within that system. To that end, no one can match her. Her sterile leadership will be felt for many years to come. Words completely fail me as to how I would express my feelings to her regarding my husband's salary and lack of a raise.

Anonymous said...

OCA will certainly eat your asses takes cranes to take most of them to the courtrooms...donuts are the breakfast supply of the morning and 5 dozen are downed in minutes.
OCA can only perpetuate corruption by hiring and keeping employees that are massively over weight, drunk and drugged or dirty and poorly dressed...all part of the insecure person who begs for attention and thrives in the needy grips of a power house like... OCA.
OCA purposely does not hire professional or attractive people....I have watched and questioned it for years...because they will be confident and independent and address OCA'S corruption in their face....gone are the pretty are the unattractive souls etc!

Anonymous said...

What happened to Steven C. Krane of Proskauer Rose's name, which made the original list? Kaye's whipping boy of obesity in the ethics department, in fact, the head of ethics in NY and former bar president. Kaye's deceased husband's law firm, Proskauer, is slowly coming under fire in the trillion-dollar federal case pending in NY, related to the Christine Anderson whistleblower case.
Kaye's power is weaker than Oz’s; only spineless attorneys and judges, the bowels of society, fear her. In my case, Iviewit, Judge Scheindlin pointed out that she may very well be involved in attempted murder, through the car bomb planted in my car. She will remain a defendant in my lawsuit for years to come and I look forward to her day in court with me. I look forward to her grave-day, knowing that one day her estate will be mine. Her children and grandchildren will know her crimes, may she rest in no peace.
Fearwell, good riddance and the gates of, well you know, Hell ( await you open Judith Kaye.
Best, your enemy,
Eliot Bernstein

Anonymous said...

Paterson and Cuomo should start throwing some of these bums off roof tops. That should solve the problem. It's a start, anyway. ALL of this is outrageous. They better do something quick, and decisive, and they better do more than window dressing. Start throwing some of these guys out of their comfortable jobs, and throw the others in jail.

Anonymous said...

A new broom sweeps clean. The committee doesn't present adequate candidates, then Gov. Paterson can not appoint anyone. Gov keep up the pressure on the roaches on the committee, sunlight is their greatest fear. Ask them to resign because they are incapable of honesty and decency. Send them back into their cracks in wall to hide.

Anonymous said...


Anonymous said...

December 4, 2008 2:43 PM
Breaking: Proskauer Lays off 35 Associates, 25 StaffPosted by Zach Lowe
It's beginning to seem like it would be more newsworthy to find a firm that isn't laying off attorneys (either openly or by stealth). In just the last two weeks, we've had major layoffs at Reed Smith, White & Case, Orrick, Herrington & Sutcliffe, and several other Am Law 100 firms, not to mention bonus cuts and staff reductions at a host of other places.
Today, it's Proskauer Rose's turn. The firm is parting ways with 25 administrative staff and 35 associates, according to a statement the firm released this afternoon (a link to download the memo is available below). (News of the layoffs first appeared on Above The Law.)

The statement does not say which offices or practice areas will suffer the most. The firm said the layoffs are due to both the economic crisis and the "unprecedented reduction in our historical lawyer attrition rate." The layoffs, in short, do not appear to be performance-related.
The Am Law Daily reached out to Allen Fagin, Proskauer's chairman, but we haven't heard back yet.

11.Perhaps these layoffs are in response to the ONE TRILLION DOLLAR lawsuit pending against Proskauer in Federal Court in the SDNY, related to an inside whistleblower case. For all you lawyers thinking about Proskauer, this is most likely an undisclosed liability that doubtfully they have even reported to their liability carrier, let alone departing or new partners.
The case in federal court centers on Proskauer stealing patents from inventors at Iviewit Technologies and submitting fraudulent patent applications to the USPTO. Don’t believe it, here are the cases in Federal Court
(07cv09599) Anderson v The State of New York, et al.,
(07cv11196) Bernstein, et al. v Appellate Division First Department Disciplinary Committee, et al., (THE TRILLION DOLLAR PATENT SUIT)
(07cv11612) Esposito v The State of New York, et al.,
(08cv00526) Capogrosso v New York State Commission on Judicial Conduct, et al.,
(08cv02391) McKeown v The State of New York, et al.,
(08cv02852) Galison v The State of New York, et al.,
(08cv03305) Carvel v The State of New York, et al., and,
(08cv4053) Gizella Weisshaus v The State of New York, et al.
(08cv4438) Suzanne McCormick v The State of New York, et al.

Comment by eliot bernstein — December 5, 2008 @ 8:44 am

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