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Friday, August 28, 2009

NY Daily News Editorial on NY's Disgraceful Judicial System


Thomas Spargo is a prime example of the problem with New York's elected state Supreme Court justices. For many years a GOP election lawyer, he won an upstate town judgeship in 1999 and made it to Supreme a scant two years later. Throughout, he was a politician, cutting deals and angling for votes. Even though our judges are elected, state rules allow them to engage in only limited political activity. The amount of cutting and angling by Spargo violated those rules, and charges were brought against him. He sued in federal court. And he won, which meant the restrictions would be tossed out. Today, a panel of federal judges in Manhattan will hear the state's appeal. The lesson here is obvious: You can't have an election - all elections being political - while ensuring that the candidates do not play politics. It's an unworkable contradiction that can be remedied only by moving to a merit-appointed bench. Spargo's case is not a first. Last year, the U.S. Supreme Court threw out Minnesota's rules against judicial candidates' making pronouncements on political issues. In that decision, Justice Sandra Day O'Connor, in a separate opinion, wrote that if a state chooses to elect its judges, it must live with the consequences - i.e., elected judges being involved in politics. O'Connor, a former Arizona state senator, is the only member of the high court who ever ran for office. She also sat as an elected and an appointed state judge. She knows that politics cannot be expunged from judicial elections - and she hasn't even met the scoundrels of New York's elected bench, where qualifications are irrelevant and success is a function of cozying up to party bosses. Under New York's unique-in-the-nation system, there are no primary elections. The bosses do all the nominating for Supreme Court. The elections are phony, and in too many cases, the judges are abysmal. By the way, even if Spargo prevails in the rules-case today, he is not out of hot water. Turns out that, as a town judge, he presided over criminal cases prosecuted by the Albany County district attorney - who happened to owe him $10,000. Spargo didn't disclose this in court and didn't recuse himself. That's a firing offense. Want more entertainment? Tomorrow, in his role as a Supreme Court justice, Spargo will testify before the Commission to Promote Public Confidence in Judicial Elections. He's the perfect witness. There is no public confidence in judicial elections - nor will there ever be.


Anonymous said...

nothing's changed!

Anonymous said...

And the politics flters down to all citizens and employees in the path of these monster political judicial jokers.
The pain from what this system has done to numerous members of this repugnant,repulsive and unreportable.
I have refused to purchase any black dresses because of TSS..traumatic stress as not to feel like I am identified with the judicial workforce!
The longer this state manitains this joke of a judicial system..the worse the fallout is going to I see it is gaining momentum and is quite terrifying for the court it needs just one push and it will implode.....real soon!

Anonymous said...

Sandra O'C is a ditz who wants judicial immunity for all judges. Who would the bar committees' selected judges serve, the people? Anyone here trust the bar or its grievance committees to give us honest judges?

Anonymous said...

What we need is an independent public review board.

It's clear that these public employees are more interested in protecting themselves and they public who pays their salaries and benefits.

The law should be changed that if a public employee is caught breaking the law, they should lose all benefits, including their pensions.

Anonymous said...

you are right, they need to loose their pensions & benefits, that is the only way this will all change..
when it costs them.......
the law has to change to make it cost any lawyer judge or public official.........
then the rats will rat each other out!
what happened to judges who were going to be impeached.......

News reader said...

Hey guys did Barbara Ross (wife of Bob T, Mr. CJC) have anything to do with this piece? Or has she been fired? Just wondering?

Anonymous said...

The problem with losing pensions and benefits is that OCA and possibly other state agencies would fire tons of employees that aren't family members of the nepotistic kind or political party connected punish them if they go against them in the most minor ways... as our state government sociopathically cherishes the ability to financially devastate people.

Their cold heartedness and stark brutality is undeniable.

I know...OCA tried to and did take a few of my benefits with 100% false charges and would have gladly taken my pension if they could......all behind multiple untrue allegations that OCA created and put in writing to show that the COURT system documented the it must be legal and authentic and then promoted all those who testified against me....including the hearing officer...who was an OCA employee...3 hr drive away in a completely separate district...unknown to everyone but OCA and CSEA.

So...the pension denial could be enacted, but only by a federal court ruling as such...negating the NY "state" courts and agencies from interferring in the "state" pension system too many state agencies would easily and happily manipulate the removal of a massive amount of employees that are innocent... as they retaliate against most of them in a show of the insanity that this NY state's government possesses in a disturbed need to abuse POWER and ruin lives!

Anonymous said...

I am concerned that the OCA'S OIG office is swirling in just as much corruption as the DDC.

Lawyers and administrators working in that entity should be investigated immediately and removal and disbarrment should be extensive.

The OIG should be non-biased...but OCA keeps them on the payroll and they take their marching orders from counsel's office to act as biased and law skirting as they need to ...which means extremely and entirely, as OCA vows to protect them in all questionable legal issues and lawsuits.

The OCA-OIG is a SHAM and an illegal investigatory agency and I strongly urge and recommend that anyone that they target...find the best employment atty in their area..before this garbage agency asks even one question or you ever talk to one of their......usually female attys, that is placed to create the air of empathy and sensitivity...and whatever you not use CSEA in any form to protect or represent they are in collusion with both OCA and THE OIG!

Facts and proof of this above lethal combination will become available soon....and CSEA CANNOT RESPOND BECAUSE THEY ARE WELL AWARE THAT THIS INFORMATION EXITS AND ARE NOT SURE TOO WHAT EXTENT.

The information above is the result of an intensive independent as well as personally obtained investigation....... and the warning should be directed to the United States Federal Government for that purpose.

Anonymous said...

The Daily News has known for many years that there is corruption in the courts. So now what? More cover up and obstruction? Writing Editorials is nice but why don't they do the right thing and put the facts of corruption on the front page every day. Things would chance fast!

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