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Wednesday, August 12, 2009

Call for 1st NYS Judicial Impeachment in 137 years

by Frank N. Brady

Integrity in the Courts today called on all members of the New York State Assembly to begin Articles of Impeachment against two New York State judges: Francis A. Nicholai and Anthony A. Scarpino, Jr.



The last Supreme Court Judge to be Impeached in New York was Justice George G. Barnard-- in 1872. At the time, The New York Times reported that the state Judiciary had "sustained the reign of misrule [and that the] corruption must be purged." The May 3, 1872 New York Times article continues, "The House of Assembly sits today as a great Grand Jury, and had it in their power to purify the judicial atmosphere for all time to come.... A judge sworn to see that justice was done is himself to be impeached for a total want of justice and for corrupt and maladministration of his office." (The May 3, 1872 New York Times article will be posted here on August 14, 2009)

The push for Impeachment proceedings follows the recent confirmation that the statewide judicial ethics committee, the Commission on Judicial Conduct (the "CJC"), was itself corrupt. The chief counsel of the CJC, Robert Tembeckjian, and his former deputy, Alan W. Friedberg, have become icons of the current statewide ethics scandal in New York-- known as Tammany Hall 2--- a systemic collection of whitewashing and cover-up. Tembeckjian's and Friedberg's recent testimony in Albany at the New York State Senate Judiciary hearings on June 8, 2009 stunned those who read the written transcript, or who had viewed the hearing videos. (CLICK HERE TO SEE THE HEARING VIDEOS)


In New York State, "articles of impeachment" begin in the State Assembly and require a simple majority vote "to impeach" by members of the New York State Assembly. The impeachment process then moves to the Impeachment Court and the New York State Senate where a conviction, and removal, requires a two-thirds majority vote after a trial. The most famous trial by the New York Impeachment Court involved Governor "Plain Bill" William Sulzer in 1913. His troubled short reign as a Tammany Hall backed governor lasted less than 10 months. Sulzer is the only NY governor to have ever been impeached.

The "Court for the Trial of Impeachments and the Correction of Errors" was established by the New York State Constitution in 1777. The body considered improper acts of a political, moral or ethical nature, along "other subjective points of view". In 1846, the "Court for the Correction of Errors" was abolished as its jurisdiction was transferred to the New York State Court of Appeals. The existing New York "Court for the Trial of Impeachments" has also been called the "impeachment Court" and the "High Court of Impeachment". In New York, Article 6, Section 24, of the New York State Constitution applies:

Court for trial of impeachments; judgment

24. The assembly shall have the power of impeachment by a vote of a majority of all the members elected thereto. The court for the trial of impeachments shall be composed of the president of the senate, the senators, or the major part of them, and the judges of the court of appeals, or the major part of them. On the trial of an impeachment against the governor or lieutenant-governor, neither the lieutenant-governor nor the temporary president of the senate shall act as a member of the court. No judicial officer shall exercise his or her office after articles of impeachment against him or her shall been preferred to the senate, until he or she shall have been acquitted. Before the trial of an impeachment, the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to the evidence, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment shall not extend further than removal from office, or removal from office and disqualification to hold and enjoy any public office of honor, trust, or profit under this state; but the party impeached shall be liable to indictment and punishment according to law. (Amended by vote of the people November 6, 2001)

The written Impeachment request by
Integrity in the Courts to all members of the New York State Assembly will be posted here at 9am on Monday, August 24, 2009.

70 comments:

old and grey said...

Yes, I think it's about time. It's been way too long. The CJC has failed the people and the law.

an unhappy judge said...

I thought it would be impossible for me to hate Tembeckjian any more than I do. That has changed.

Anonymous said...

this has to be on the news so that all the victims will come forward on these bastards!

Anonymous said...

I'm stocking up on the popcorn. This is going to be a GREAT show. Nice job Bob!

Anonymous said...

it is time for our honest judges and lawyers to turn the corrupt bastards in......
to allow judges to be judges
and lawyers to be lawyers.....
free from retailiation or retribution!
turn them in!

angry said...

this is one way to get rid of the dead wood so honest judges can get a real raise. honest judges deserve respect, not the crap they get because they're lumped in with the idiot corrupt ones.

Anonymous said...

it starts with the lawyers, it has to be stopped while cases are ongoing, the lawyers have to be corrected/fined for their misactions...............
then and only then will lawyers be lawyers and judges be judges and the corrupt will fall!
great work on the impeachment!

Anonymous said...

the CJC can not handle what has been going on for decades
....it has to stop before it gets to CJC and that is our lawyers
during ongoing cases and that will only work if the FEDS step in!

Anonymous said...

This is a good start on impeachment but this blog, the NYAG, the CJC, in many cases the Feds, and more have been provided with ample information to justify action against far too many state judges around New York. But yes this is a good start.

the OCA and NYAG just nabbed a Town level Judge in Columbia County and the story was posted here on this blog. This Town level Judge who used to be a sheriff would probably be a good one to use to root out the mess at the County and higher levels in this part of the Hudson River Valley.

How do we get Impeachment to begin for other Judges? How do we get a federal monitor?

Good start but keep going.

Hear Yee.. Hear Yee!!!!!! said...

Below are the list of JUDGES and Lawyers I FEEL should be IMPEACHED; Please feel free to add to this list;

1) Judge Shira Scheindlin
2) Judge Kimba Wood
3) Judge Loretta Preska
4) Judge Doris Ling-Cohan
5) Judge Francis Nicolai
6) Judge Anthony Scarpino
7) Judge Jonathan Lippman
8) Judge Peter Tom
9) Judge Luis A. Gonzales
10) Robert Tembeckjian, Esq. (CJC)
11) Alan Friedberg, Esq. (DDC)

I can't wait to be finally dancing in the streets once these thugs are removed and impeached!!!!!!!

Quietly Smiling said...

Allow me to direct you to the URL at http://yonkerstribune.typepad.com/yonkers_tribune/2009/06/castro-campaign-assert-difiore-committed-official-misconduct/comments/page/7/#comments
...that predicts Articles of Impeachment against judges: Francis A. Nicholai and Anthony A. Scarpino, Jr.

...beware of those bloggers that can see the future...whoooooooooo...

...these steps taken by the Integrity in the Courts are an excellent first step where it should get the attention of the Feds.

As a back-up elect Tony Castro as the next Westchester County DA, inaugurate him on 01/01/2010, supply him with evidence on 01/02/2010, and watch him prosecute...Uncle Shelly isn't exactly a Dutch Boy who can indefinitely hold his finger in the damn much longer. Follow the tale of Frank DiPascali and you might get to keep some of your personal assets someday...

Anonymous said...

I am adding judge(HA! that's a laugh!) Paul Czajka's name to Hear Yee.. Hear Yee's list of Phoney Corrupt Judges to be taken out to the outhouse, tied to a urinal and impeached!

Anonymous said...

From your lips to God's ears.

WOW!!!!!!!!!!! said...

Does anyone else want to add to my list of Hear Yee, Hear Yee!!!!

A tiny little bird just whispered something in my ear.. Guess who's about to be IMPEACHED!!!!!!!!!!!!!

Wow...it's going to blow you away!!!!

This is going to make HISTORY!!!

The TIME has COME!!!!!! said...

Hear Yee, Hear Yee, will soon be... Help Me, Help Me!!!!!

More to Add said...

Long Island New York
Suffolk Supreme

Judge William J. Kent

aided and abetted by:
Judge Mark D. Cohen
Judge Marion McNulty

slappy happy said...

Thank God the bums can be impeached and that occurrence does NOT waive indictment! Arrest, then impeach OR Impeach, then arrest. Either way, justice is served.

Anonymous said...

Haven't the Feds known about these bad judges?

Anonymous said...

It's starting to feel a lot like Christmas!

Anonymous said...

We need to include all parts of the State and in the North there is Surrogate Judge Kevin K. Ryan who is the object of a federal Suit for corruption.

upstater said...

I agree, ryan MUST be on the list. This list is going to grow pretty big, pretty quickly.

Anonymous said...

AMEN!!!

Anonymous said...

This is one way for the NYS Assembly to redeem themselves!!!!!!!!!!!!!!!!!!

Anonymous said...

Were is the $$$ they and thier friends have stolen?

If they are going to inpeach all the corupt judges thier will be a rush on paper.
Better call the stockbrocker in the morning.

KAYE victim said...

This proposed list would not be complete without the dis-honorable Judge Judith Kaye, now retired, however as we know Judges never really retire they are always referred to as Judge.

Anonymous said...

This is an excellent show of force that may just add backbone to some of the sitting judges and court employees that will allow them to stand "tall" and be heard...and report the crimes before they become part of the investigation..like court clerks and court reporters...all of whom know and have participated in the judicial criminal activity!

A coward in crime eventually sees that they are as guilty as the one who invents the plot, and the punishment for both... varies little!

Anonymous said...

I'm makin a list checkin it twice, gonna find out whose's naught or nice, and it wont be gifts!
Here's a list of punks judges and attorneys who like to process bogus cases's to get paid by billing the city and sending innocent people to jail, kids are their number one choice of clients'

Micheal Alpstein,
Steven Banks,
Albert Barry III.
Robert Berry,
Marcus Brooks,
Barry Clarke,
Joseph L. DiFlumeri,
Joseph Federico,
Daniel Fitzgerald,judge
Robert Galarza,
Janine M. Gilbert,
Steven A, Hoffner,
Martin F. Horn,
Levon Holley,
Nathan Lorin,
Susan Knipps, judge
Geroge Jurrow, judge
Robert McGrath, judge
Michael Melkonian,judge
Michael Moorman,
Daniel Poulos,
Irwin Shaw,
Stuart Silberg,
Larry Stephen, judge
Lewis B. Stone, judge
Albert Roig,
Michael Wong
Felicia Yancey

Anonymous said...

impeach Kaye, hopefully they will then get all her followers of evil................

Anonymous said...

it does not matter she is retired,
impeach her also, make it cost her,
as she has taught and allowed her followers to do to others.......
make it cost her!

Anonymous said...

charge her with false crimes......
let it cost her to get out of it..
seems to be the mentality of others, use their game against them!

Scarpino victim said...

Good to see that the weasel Scarpino (Surrogate Westchester Co.) is on the list, I think he belongs at the top of the list.

I have discovered that he was employed at Bankers Trust Co. (n/k/a Deutsche Bank) and understand that when he became the Surrogate in 2001 he never gave written notice to any of the Estates or Trusts in his court of this fact. It's called ETHICS Scarpino.

I have also read about the Cancer victim and how badly Scarpino, Streng, Scott and the Bank of New York have treated this person and have withheld money that should have gone to this Cancer victim for treatment. This shows the world the true character of Scarpino! Who would ever vote for this weasel again?

I have read on this blog about one Jody Keltz an attorney at Scarpino court who was able to acquire a humble home in Scarsdale on the cheap from an Estate in Scarpino court. Obviously an inside job and what did Scarpino do, nothing! More ETHICS that begs for a complete investigation that we know the courts will never do.

I have been told that you have cash from your friends which I hope and pray that you have to spent every penny defending yourself against Federal charges the way you (Scarpino) and your band of gangsters have forced the people who come before you in your court to do. I have also been told that you have mob ties and that's why the FBI showed you the door.

When will the truth come out on this illegitimate son of Mt Vernon?

Anonymous said...

They've made their money, and they've spread the money around to their cronies. Remove Scarpino and Nicolai NOW !! About time!!

eastchester attorney said...

It would be nice to have the corruption cleaned up a bit in Westchester, that's for sure!

Anonymous said...

This is a little off topic, but did anyone see (today's NY Post) that Senator John L. Sampson was the person that rouge Senator Espada approached for a $120,000 no-show state job for his son, which violated state neoptism laws?

Where and when will all this corruption end?

(Apparently, not with Sampson.)

Anonymous said...

That information made the upstate news and blogs yesterday...Sampson is one of the posse of political control freaks...will not upset the status quo....he is suspect to me from the start...place little hope in him...a well educated gut feeling!

Anonymous said...

I nominate former West. Co. Judge John Perone, for a scumb*g award.

Anonymous said...

To be added to corrupt judges list:
Robert Neary (a former Jeanine Pirro leutenant, contributed to wronful 16-year imprisonment of Jeff Deskovic)
Sam Walker - an idiot (IQ under 95) on the judicial bench.

Anonymous said...

Let us add these names...who unsuspectingly will bring the courts secret intertwinings to light with a possible spark from federal court...forced to view corruption sleeping deep inside"

1) Atty for OCA..... John Sullivan... reputation as the sneaky, clunky and stupid, cowlick nerd!
2) Executve Director of the 5th district....the infamous, self important, yellow teethe, sarcastic and prejudiced...Micahel Klein...whose loads of money and power... can't purchase dental whitners...that are so cheap dude.
3)Administrative Judge of the 5th.... the rotund and beady eyed... Judge Tomey.

If the stories they all concoct, should vary... as it must...keeping the stories the same to the last detail....elevates them to the worthiness of immediate termination...as may be imminent....siting sheer stupidity, stalled IQ narrow mindedness and dull political uncreatvity....in conjunction with connections to the garbageman of judicial subversion.....the infamous...Brooklyn..I think that is where he hides...JAN PLUMADORE.

Even in federal prison..no one would want these old booties...because it is known inside and out of confinement..they have been entered way too much!!!

Anonymous said...

Here is more JUDGES to add to the naughty list.

Putnam County
Judge Andrew O'Rourke

Rockland County
Judge Linda Christopher
Judge Robert Berliner

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Anonymous said...

To that bad list lets add the following Judges:
Judge James Reitz, Putnam County
(same as Andrew O'Rourke which is already named)
Judge David Klein of Westchester
What a corrupt bunch!!!!
Judge Sondra Miller who is currently the Judge-in-Residence for PACE Law School who promised my ex-husband, Mark Padin who is the Director of Academic Resources for PACE Law School that he would win our divorce. Sure enough, who was our Judge, O'Rourke!! But all in all, evil people must slip up, I found Mark's hand-writte notes with the promise to win the divorce and naming his corrupt cronies including Miller. I've been incarcerated since then, for publicizing his corrupt hand-written notes, as he beat me up and lied to the Kent Police STation that I attacked him. I've also not seen my now 5 1/2 year old son, Joshua Padin. See my story on YouTube by googling "Margaret DePass" feel free to contact me at jamsilk12@hotmail.com

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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
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