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Tuesday, April 6, 2010

Top To Bottom, New York State Court System Is A Corruptive Mess

Tattered Right to Counsel
The New York Times - EDITORIAL - April 3, 2010

New York State’s dysfunctional, underfinanced public defender program is a problem of constitutional dimensions. It is the subject of a class-action lawsuit, which argues credibly that indigent criminal defendants are regularly deprived of their right to effective counsel. The suit, filed by the New York Civil Liberties Union, focuses on five counties, but the problem is far broader. A commission appointed by Judith Kaye, then the chief judge, concluded in 2006 that the state’s defender system failed to provide effective representation to “a large portion of those entitled to it,” citing bloated caseloads and inadequate training and supervision. Instead of seeking a settlement that improves defender services, the state has spent the past three years trying to prevent the courts from hearing the suit. At a recent hearing before the Court of Appeals, Solicitor General Barbara Underwood argued that if the top court allowed the case to proceed, and a judge later ordered the state to spend money to upgrade the defender system, it would improperly intrude on the authority of the Legislature and the governor. The state also argues that it fulfills its constitutional duty by appointing lawyers, and court consideration of the adequacy of legal representation should be confined to individual post-conviction appeals. The Court of Appeals should reject that argument. The systemic problems cited by the plaintiffs threaten the fair functioning of the criminal justice system. The judiciary branch has both the power and the responsibility to adjudicate such claims. To block the lawsuit would set a terrible precedent for other civil rights cases where the remedy may involve more state money. Albany lawmakers must start upgrading the defender system. All current budget plans call for a permanent commission headed by the chief judge to monitor defender services and develop statewide standards. If a small increase in money were added, that would represent progress in a bleak budget year.


Anonymous said...

Indigent litigants and litigants with attorneys are having their rigths violated. Its all about the dirty money. Look at Bernadette E. Lupinetti, Esq. this dirty rat is involved in helping with the sexual exploitation of children in child custody cases. This dirty pimp is been protected by Orange County Judges and the Orange COunty DA's Office. The Office of the attorney General also protects this pimp. Yeah Cuomo you are working hard on protecting children from been sexually exploited just not the ones been sold through the courts, like the ones you pal Lupinetti sells.

Anonymous said...

Dear Andrew Cuomo,
Please investigate a gang of thugs in the Town of Pendleton, the Beiter and Brauer Gang, who build homes and install illegal drains to flood their neighbors properties. Craig Beiter also falsely arrested me and threw me around after another friend of theirs damaged surrounding properties.
This is all known by the Beiters and Brauer, ex Town Supervisor and my paid attornies told us we are not allowed to file complaints with the town, the sheriffs or the DA on this crew.
The Code officers have been on that property numerous times and have witnessed the illegal drains, grade, dumping, etc and have not had the perpetrators charged.
Please send in Federal Agents to correct the drain issues/grade and charge the perpetrators with these felonious acts.

Karen M Summers
6778 Bear Ridge Road
Pendleton, NY 14094

T Finnan said...

More money to the corrupt lawyers going before corrupt judges fattens the system. The NY Times pretends to act about rampant injustice in NY Courts, but only asks for more money to enrich some participants. The NY Times creates its own myopia to miss the 98,750 reports to this site about corruption and the court corruption revealed in the 2nd Circuit Appeals Court. NY Court Corruption, injustice to innocent victims (poor or rich), crooked lawyers, dishonest DAs, use of jailhouse snitches,false convictions,corrupt Commission on the Judicial Conduct, corrupt attorney discipline all flourish because the of the NY Times' deliberate malfeasance to its readers.

Anonymous said...

Hey Beiter & Brauer crew would you like to lie to a Federal Agent instead of Lawyers, Judges and Public Officials, how about making all those fake calls to town, sheriffs, Da's & State Agencies
Remember they trace all those calls. I hope you are sent to prison.
Sincerely yours,
Karen M Summers

Anonymous said...

Sometimes however, it is not JUST the Inadequate System of "appointed counsel" being inadequate.

In these other cases, the Entire system of Discipline and Oversight is implicated as not just inadequate but horribly corrupt involving the Appellate Divisions, the Attorney Discipline Committees and the Commission on Judicial Conduct.

Of course it may look like these bodies and the OCA itself is implicated in illegal "Child Trafficking" / Kidnapping and more while Federal funds thru Foster Care, Medicaid and more are taken.

The NYAG Public Integrity Unit of NYAG Andrew Cuomo has had information to expose this via A Complaint sent to the Public Integrity Unit by John Turner, Complaint No. 07-956 filed in 2007

These events further implicate malfeasance, negligence and more via the OCA Office of Inspector General Sherill Spatz who was forwarded Complaint No. 07-956 to no avail.

The Executive Offices of the NYAG have been apprised of the failures to act and more by the OCA Office of Spatz via Communications to Counselor to the NYAG Henry Greenberg in the Executive Offices of the NYAG in calls to the State Capital at his office number at 518-474-7103.

Pertinent and all necessary information has further been provided to current NYS Senate Judiciary Chair Senator John Sampson, as well as info to Senate Judiciary Member Pedro Espada.

Prior State Senate Judiciary Chair Senator John DeFrancisco was provided critical information in early 2008 and has taken no action either.

Thus, NY has its own "KIDS FOR CASH" SCANDAL with TOP STATE OFFICIALS FULLY Knowledgeable and aware.

In the case involving Public Integrity Complaint 07-956, the "Assigned Counsels" "LIKELY" were Directed NOT TO ACT to perform fundamentally basic duties to protect fundamentally basic Constitutional rights of the assigned client since doing so would Open the Entire Scandal.

Further public notice of the Scandal appears at the following link:

The complainant John Turner is available at work number 501-682-1608.

As his former attorney who has never been contacted by any of the aforementioned bodies, Third Dept, Third Dept Standards Committee, Commission on Judicial Conduct, NYS Senate Judiciary Committee, NYAG Public Integrity Unit, and NYAG Executive Office, I remain nonetheless available at my former Bar registration address in Kinderhook, NY and at Cell No. 805-284-6087.

kevin hall
kinderhook, ny

Anonymous said...

Dear Federal Agents when the GM EXECUTIVE, as they continually call themselves, tell you that water is running up hill from the other guy that sits lower than them, as you are standing on their illegal drains, please arrest them.

Anonymous said...

the whole system is a ponzi scheme and the CJC and DDC are all part of the wallpaper

Anonymous said...

In my case I beleive it is low mentality, insurance cheat thugs who are abusing the system put in place to protect the people by filing false complaints, committing illegal acts using the lawyers/judges/sheriffs/DAs/public officials to do it......
so these agencies do not act, only because those who are supposed to protect have been had by a bunch of lying pigs who should be in prison!

Anonymous said...

I am sure this lawsuit is the result of Amy Bach's book; "How America Holds Court". She NAILED this scourge and her book only published last September.

Be patient my aggrieved and injured friends. There is ANOTHER shoe soon to drop.

We ARE making progress.

Anonymous said...

Gosh, just think about it people, THIS IS ALL ONE BIG CON GAME and we are the fools! Meanwhile, the lawyers are all making money!

Anonymous said...

I do not think a cop going to toss u around. people just hate cops. people grew up act your age

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