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Thursday, January 1, 2009

Chief Judge: Paterson's Most Important Appointment

Paterson's Other Big Appointment
The New York Observer bY JIMMY VIELKIND - January 1, 2009

ALBANY—With a list of seven candidates, none of whom are traveling the state or giving interviews, the coming appointment of the state's top judge might, on its face, be a simpler prospect for David Paterson than the circus surrounding the U.S. Senate seat being vacated by Hillary Clinton. And this appointment has a clear time frame: someone must be named to fill the Court of Appeals seat of retiring Chief Judge Judith Kaye by January 15. Kaye, who has served on the court for a quarter century, must leave after reaching the mandatory retirement age of 70. The seven candidates were put forward by the Commission on Judicial Nomination. They are: George Carpinello, Evan Davis, Steven Fisher, Theodore Jones, Jonathan Lippman, Eugene Pigott and Peter Zimroth. "I think that the odds-on favorite is Theodore Jones, for a few reasons," said Vincent Bonventre, a professor at Albany Law School and an avid Court of Appeals watcher.

"There are only two candidates who are presently on the Court of Appeals, and every chief judge for over a century has come from within the Court of Appeals," he said. "And it would be a historic choice: the first African-American chief judge. Governors, like presidents, like to make historic choices. Plus, Jones is well-liked and well-respected." The appointment would also make some political sense: if Paterson appoints Jones (or Pigott, who currently sits on the Court), Paterson will then be given a new list of names by the nominating commission to fill that slot. He and Attorney General Andrew Cuomo hemmed and hawed over the fact that the commission's list did not contain any women, but have been quiet on the issue since it became more or less clear that Paterson was bound by it. Having made the point, he could start fresh. 

The nominating commission doesn't comment about its deliberations, but based on the amount of coverage Paterson's comments got, no doubt the seed has been planted. There is a report, however, that Kaye prefers Lippman for the post. It substantiates murmurs around the Capitol that he, with lots of experience as an administrator, would be a good fit for a job that is as much bureaucrat as jurist. Lippman was also rated as "exceptionally well-qualified" by the New York City Bar Association. As was Davis. The State Bar Association also rated the candidates, but everyone was deemed well-qualified except Carpinello. Bonventre had kind words for all the candidates. Which suggests, if nothing else, that Paterson's choice for the judge position might not be such any easy one either.


Anonymous said...

Dave is ready to rock and roll with Ted Jones. And the hacks will get hacked in '09.

Anonymous said...

Judge Theodore Jones, get your Steam Roller ready because you've got alot of cockaroaches to kill. Your job is going to be pretty messy cleaning up after Judge Kaye.

Anonymous said...


Anonymous said...

Of course they want Jonathan Lippman...they want and need another "DIRTY SCOUNDREL" to cover-up for Judge KAYE..NO WAY LIPPMANN..You belong in JAIL with the rest of the crooks.

Anonymous said...

Lippman cannot handle the gross abuses Kaye has created...he will be devastated from the waste assured. Half a man running a "hole' court!
Tape Silver's face until the 16th...he is worthless anywhere but Albany...we hate him. His face belongs in my shredder...that is one ugly man!

Anonymous said...

re: Sliver

Does anyone know about this "Democrats for Change" political party?

I read where Silver hooked up with them and that's what helped him win re-election. I also know about many other "democrats" that joined up with this "party" who are not democrats and are corrupt.

Just wondering if there is something fishy going on there.

Anonymous said...

Are you insinuating that Democrats are above corruption.In case you don`t know,this mortgage disaster is the brain child of both parties,but the Democrats including President elects new treasury secretary refused to try and fix the problem.

Anonymous said...

Democrats are not above corruption. Look at Rangel and others. You can't go by parties. Politicians switch parties on a whim depending on which gang they are in bed with. This new "Democrats for Change" party seems not to be a political party but a business that politicians hook up with to advance their candidacy. Their support of Silver and what they did for his campaign make them seems more like a business calling itself a political party than a legit orginazation.
Something stinks.

Anonymous said...

Will be very interesting to see if Carpinello is involved in any more cover ups in the new post and also to see what Gov Paterson does with the Court of Appeals Nomination.

Here is a link to a Felony Conflict of Interest Conviction out of Pennsylvania on Dec. 24 where a State Officer of the Mental Health Dept was Convicted in relation to receiving Kickbacks and other Fees from Major Pharmaceutical Companies for Placing Harmful Anti-Pyschotic Drugs on the State Preferred List.

There is a Father of two boys who have been LOCKED in the NY State Foster Care System for over 8 Years Beginning under Columbia County Judge Paul Czajka who "Took Over" a Criminal Case After this Father Complained to the Commissioner of OCFS under Pataki because he was not being Reunited with his Sons back in 2000, over 8 years ago, AFTER a Court Ordered Pyschological Expert OVER 8 Years Ago said this Father was NO Risk to his Sons and should be Reunited with his Sons OVER 8 Years Ago.

Judge Czajka had already been the Family Court Judge which raised Constitutional and other issues in "taking over" the Criminal Case and somehow the ACTUAL Medical and Hospital Records and Hospital Nurse and Hospital Doctor have NEVER Testified in a NY State Court Room in 8 Years but the Father was allegedly charged wth an offense relating to an Injury to his Step Daughter where even the Local DSS and Sheriff Authorities did not even take the Daughter to the local Hospital for over 3 Hours AFTER arriving at the Scene and After a Full Work Up the Stepdaughter was Released without ANY Follow UP Treatment, No Ice Packs, No Child's Aspirin, NOT Even a Band Aid.

Instead, Judge Czajka took the Stepdaughter and Two Boys who were Not involved in the "Spanking" Incident of the Stepdaughter into Foster Care where they have been Ever since even though the Court Expert said 8 years ago the Boys should be Returned to their Father.

This expert did not testify either until 2004 when the only attorney to date to try to challenge the process was beginning to open up the Record.

Judge Czajka lost the Case after his Election in 2004 and under Renss County Judge Cholakis the Father finally began having Visitation with the Sons for Almost a Year until CURRENT Supervising Matrimonial and Family Court Judge Gerard Maney Took Over the Case.

Maney proceeded to force the Father on a Friday Afternoon who had Moved to Arkansas with permission of Judge Cholakis to Move Back Wholesale to a Motel in a High Drug area of Hudson in Columbia County by the following Tuesday if he wanted to Keep Seeing his Sons.

Maney of course did ALL of this without holding a Due Process Hearing, without Any Cross Exam or presentation of Witnesses for the Father, or more after the Father was forced to get public defenders after his attorney was suspended days before scheduled to Open the case up in Front of Czajka a month before Czajka's Re-election bid in 2004.

Since that time at least 5 separate publicly paid Assigned Attorneys have refused to obtain fundamentally basic and necessary documents for this Father including attorney Theodore "Ted" Stein of Ulster County appointed by the Third Department who ever lied to the Father about his rights on Appeal and who presented a very fragmented appeal which was denied.

Before Judge Maney appeared on the scene, the Director of Renss County Unified Services in Dec 2005 had said it should not be a difficult process to begin "reunification" of the boys with their father but that "long arms and tentacles" were affecting the case behind the scenes.

Ironically, the boys have been in Foster Care in Rensselaer County the entire 8 years but both an Assigned Counsel in Troy and Judge Maney wanted the Arkansas Father to move to a Motel in Hudson, NY while the boys would remain in Renss. County.

The Assigned Counsel from Troy refused to Answer Basic Questions from his Client, the Father, about this topic ( so far, anyway ).

Abnormally High Medicaid Expenditures and Foster Care Rates in Columbia County when compared to neighboring and similar counties during 2000-2004 became part of the Campaign issues for County Court that year.

The Father had devoted 10 years of Honorable Service to his Country in the US Navy and 10 years Honorable Service to his Country in the US Coast Guard with even a Merit Commendation Award from the Sec of Transportation while in the Coast Guard before moving to Columbia County with no established contacts or connections.

The Father had absolutely NO Criminal History before Judge Czajka took over his Criminal Case based on a "spanking" that did not even result in the administering of an Ice pack, Child's Aspirin, or a Bandaid.

The Father Accepted immediate responsibility for the Spanking and submitted to Counseling, Catholic Charities, every DSS Hoop imaginable ( alot of imagination in Columbia County ) and submitted to the Court Psychological Evaluation.

The Father's original criminal attorney claimed to be "bullied" off the Criminal Case on the day of Jury Selection and ordered to go to his office to get a check made payable to one of the Judge's long time friends who promised the Father's elderly parents in Delaware a "Trial" for $7,500 but ended up taking $10,000 but NO Trial would occur and the Father would be sent off to state prison for 2 years.

Many Watchers are Hoping that Gov Paterson Appoints a Strong Judge to the Chief Judge position who is Serious about cleaning up the Courts and Justice system.

The NY Post previously reported that AG Cuomo had an open investigation into the use of Medicaid Funds to purchase Anti-psychotic drugs to be used on children.

Anonymous said...

Attorney Deborah Sheehan of Rockland County is an incompetent disgrace to the court.She is disliked by even her fellow attorneys and judges.She is a partisan who never met a man that she didn`t hate. She will say and do anything in order to win her case.The truth has nothing to do with anything. Her confused and distorted idea of reality has damaged or destroyed countless people,but the corrupt courts continue to protect her.

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