State Court Thugs Set Target on 1st Department Presiding Judge

First Department Replacement Hires Put Court in Arrears
The New York Law Journal by Daniel Wise  -  April 13, 2011

The Appellate Division, First Department, needed a year-end cash infusion after replacing 44 of 46 employees who took early retirement last fall. The Office of Court Administration's budget office averted a projected $400,000 shortfall by March 31, the end of the 2010-11 fiscal year, by transferring surplus funds from the Second Department. Presiding Justice Luis A. Gonzalez of the First Department took responsibility for the decision to fill the vacated positions. "We are a busy court and took a big hit" when 46 employees accepted the court system's early retirement offers in November, he said in an interview yesterday. "I made the decision that we needed the personnel to serve the public."  Justice Gonzalez said he had never received "a memorandum or oral communication" limiting his authority to hire needed personnel. "I am a team player, and had I received any intimation about not being able to fill those positions, I definitely would have gone along with it," he said. There are about 300 non-judicial employees in the First Department. The OCA confirmed that among those hired was Vivian Gonzalez, whom the New York Post reported is Justice Gonzalez' former wife, on Dec. 23, 2010, as an associate appellate court clerk at an annual salary of $65,000. Judge Lawrence K. Marks, the court system's administrative director, sent a memorandum in July 2010 to district executives throughout the state and chief clerks in New York City advising that in order for the court to realize savings through the early retirement program "the number of positions that can be refilled and timing of refilling the positions is critical." Ultimately, 1,560 of the court system's 14,200 non-judicial court employees took early retirement. Judge Marks in September told the Law Journal that the court system expected to save about $10 million through early retirements, and that priority would be given to filling courtroom positions: court clerks, officers and stenographers. Hiring for other positions, such as analysts and middle managers, he said, could be delayed or the jobs could remain unfilled (NYLJ, Sept. 28, 2010). Chief Administrative Judge Ann Pfau said yesterday that under the state Constitution, the four Appellate Division departments retain responsibility for running "their own shops" and remain independent of the OCA's jurisdiction, which is limited to trial courts.  On the other hand, she said, it was widely known that, as a condition of being able to participate in the statewide early retirement program, the courts were required to realize savings as a condition of participating. "Every court" throughout the state was expected to participate, Judge Pfau said. Susanah Rojas, the First Department's clerk, said it was unclear why hiring replacements ended up driving the First Department's expenses over budget. "Even when people received promotions to fill vacancies," she said, "their increased salaries were not anywhere near what was being earned by the people who left." Sources suggested that one reason the First Department may have come up short is that it replaced retirees shortly after their departures in November while they were still owed pay for various reasons, such as unused annual leave. OCA reported that in contrast to the First Department, the Second Department filled 24 of 39 positions left vacant by the early retirements and the Fourth Department filled seven of 12. The Third Department, during the last four months of the last fiscal year, hired 15 new workers, while it had only lost 13 to early retirements. Judge Pfau said those figures only reflect the fact that each department is "very individualized," with different case loads and a mix in the types of workers who took early retirement. The decision to fill so many vacancies makes the First Department more vulnerable to layoffs in the current fiscal year, Judge Pfau said. She explained that the court system must make hundreds of layoffs to achieve the additional $70 million in savings required in the 2010-11 budget adopted by the Legislature and Governor Andrew M. Cuomo (NYLJ. April 8). The court system must trim a total of $170 million.  In calculating the level of layoffs each court must absorb, she said, courts are given greater credit the larger the number of unfilled vacancies. In January, as the state's financial situation grew more perilous, the OCA imposed a hiring freeze on the 900 positions that remained open as a result of the job freeze.  Daniel Wise can be contacted at dwise@alm.com.


*********SEE RELATED STORIES:


Corrupt Tembeckjian 'Investigating' Corruption

Chief Judge Jonathan Lippman Must Step Aside Pending FBI Probe

The Cost of Legal Corruption Matters Little to Lippman and Pfau

Cost of Cleaning Up After Bad NY Lawyers Spikes
The New York Law Journal by Joel Stashenko  -  April 11, 2011

ALBANY, NY - Claims by clients whose attorneys stole from them surged in 2010, as did the size of payouts from the Lawyers' Fund for Client Protection. There were 820 claims to the fund last year, 67 percent more than in 2009, according to its annual report released Friday.

The $8.5 million paid out last year to the clients of 47 attorneys was 42 percent higher than the $5.6 million paid out in 2009. Individual awards in 2010 ranged from $179 to $300,000, the maximum under the program. The median award was $12,962 and the median claim made to the fund was $109,000.

Timothy J. O'Sullivan, the counsel and executive director of the fund, called last year's increased activity "dramatic" and said administrators believe it is related in some way to the sputtering economy. While the economy appeared to make a slow recovery in 2010 in parts of New York, Mr. O'Sullivan said that many of the awards made last year reflected attorney conduct in 2008 or 2009, when the state was more deeply mired in recession. Mr. O'Sullivan said the desperation levels of the 47 offending lawyers seemed to be reflected in the far higher overall payout in 2010. 

"When the economy slows down and there are problems, a lawyer who may have a problem of some kind, those losses tend to surface more," Mr. O'Sullivan said in an interview Friday. The fund ended the year with 852 claims pending, the highest year-end total in its existence. Those claims allege losses of $82.3 million, though only a fraction of claims tend to result in awards once they are examined by the fund. Former Manhattan attorney Marc A. Bernstein was responsible for the largest overall fund expenditure—$1.5 million to 25 former clients. Mr. Bernstein , formerly of Bernstein & Bernstein, stole money he had won on behalf of medical malpractice clients. He was disbarred and sentenced to three years in state prison. The most claims, 36, were paid out against former Manhattan attorney Marc A. Zirogiannis for his role in a mortgage scam. His former clients received $770,782 from the fund last year. Attorney misconduct for which the fund reimburses clients includes the theft of funds held in escrow, the theft of funds from court awards or debt collections, the embezzlement of investments placed with lawyers on clients' behalf and the nonperformance of agreed upon services for which fees have been taken. 

Fund administrators said the mishandling of clients' real property escrow accounts made up the largest share of reimbursable awards in 2010, totalling $3.5 million. Over the fund's 28-year history, most thefts have involved solo practitioners, the majority male and mi ddle-aged. The most typical causes of attorney theft are substance abuse, economic pressures, mental illness and marital difficulties. Sixty dollars is assigned to the fund out of the $375 biennial attorney registration fee paid by New York attorneys. There are 262,000 registered lawyers in the state. Joel Stashenko can be contacted at jstashenko@alm.com.

Appeals Judge Pleads Guilty to DWI

Judge Robles pleads guilty to DWI
New Mexico Politics by Heath Haussamen  -  March 28, 2011

N.M. Court of Appeals Judge Robert E. Robles pleaded guilty today to drunken driving, and it’s now up to the Supreme Court to decide whether he gets to keep his job. Robles, who had been charged with aggravated DWI, pleaded guilty to one count of first-time DWI. He was sentenced to one year of probation, community service, and use of an ignition interlock device for a year, The Associated Press is reporting. He must also undergo alcohol screening and complete DWI school. Robles was arrested in Albuquerque in February after reportedly running a red light at 50 mph and nearly crashing his car into a police officer’s vehicle. Police say he had a breath-alcohol concentration of .20, nearly 2.5 times the legal limit. Following his arrest, Robles apologized for “an egregious error in judgment,” voluntarily placed himself on unpaid administrative leave and reported himself to the state’s Judicial Standards Commission.   Soon thereafter, the Supreme Court formalized Robles’ leave by suspending him without pay pending the conclusion of his criminal case. Robles appeared to indicate when he apologized last month that he intends to stay on the bench. He said he hoped his apology would be “the first indication of my profound remorse” and a sign of his “commitment to do my best to restore your confidence in me as your public servant.” Some, including the head of the state’s DWI Resource Center, have called for Robles to resign. He’s not the first judge to have problems with DWI in recent years. In 2002, District Judge Thomas Cornish of Las Cruces pleaded guilty to DWI and resigned. Two years later, John Brannan, the chief district judge in Bernalillo County, pleaded guilty to aggravated DWI and possessing cocaine and left the bench. Then in 2005, Socorro County Chief District Judge Thomas Fitch left the bench after pleading guilty to an aggravated DWI charge that stemmed from him rolling a state-owned van into a ditch. Whether the Supreme Court will allow Robles to return to work or remove him from the bench remains to be seen.

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Police: NM appeals judge arrested on DWI charges
The Associated Press  -  February 17, 2011

ALBUQUERQUE, N.M. (AP) — New Mexico Appeals Court Judge Robert Eugene Robles has been arrested on aggravated drunken driving and reckless driving charges, police said. Robles, 60, was pulled over around 1 a.m. Wednesday on an Albuquerque street, according to police spokesman Robert Gibbs. He told The Associated Press late Wednesday night that Robles was held at the Bernalillo County Metropolitan Detention Center and released on his own recognizance after 10-12 hours. Gibbs gave no further details about the arrest, but the Las Cruces Sun-News reported that police put his breath-alcohol concentration at .20, well above the state's legal limit of .08. Court records said Robles allegedly ran a red light at 50 mph and nearly crashed his car into a police officer, the Albuquerque Journal reported. A criminal complaint, filed with the records in Metropolitan Court, said the officer was forced to drive onto a sidewalk to avoid a collision. The complaint said Robles told police that he had been "just circling around" on a "sad and lonely night." When asked how much alcohol he had consumed, Robles replied "not that much," the complaint continued. Chief Appeals Court Judge Celia Foy-Castillo told the Journal that Robles has taken a voluntary unpaid leave of absence from the Appeals Court, effective immediately. Foy-Castillo also said Robles notified the state Judicial Standards Commission of his arrest. Robles was first appointed to the appellate court in 2008 and was re-elected last November. He served as a state district judge in Dona Ana County for 17 years until the 2008 appointment. During his tenure on the district court bench, he was elected by his colleagues as chief judge for nine years. The Sun-News said Robles, an Albuquerque native, was in private practice in Las Cruces for 16 years before becoming a judge. His practice has included personal injury, commercial, domestic relations and criminal law.

Corrupt Tembeckjian 'Investigating' Corruption

Panel probing big-spending judge
The New York Post by ISABEL VINCENT and MELISSA KLEIN - EXCLUSIVE - April 10, 2011

The state's judicial watchdog is investigating Judge Luis Gonzalez, whose patronage mill is burning through cash. The state Commission on Judicial Conduct has launched a probe into Gonzalez, the presiding justice of the prestigious Appellate Division First Department, a court source told The Post. The investigation comes after The Post reported that Gonzalez called two homes his primary residence, taking advantage of rent regulations and tax breaks, and stuffed the court with questionable hires, sparking allegations of nepotism. The bloated staffing sent the First Department's annual budget into the red by nearly $400,000, forcing another judicial unit -- the Brooklyn-based Second Department -- to kick in cash, a source told The Post. The overspending comes at a time when the state court system is facing budget cuts of some $170 million. Gonzalez hired his ex-wife as a $65,000-a-year clerk. Also hired under his watch were his secretary's brother, his executive assistant's nephew and the son of a court security officer who used to be his driver. None had previous state-court experience. Gonzalez insisted to The Post that he moved from a home he owns in Brooklyn to a rent-stabilized Bronx apartment in January 2009. But Gonzalez took out a federally insured mortgage in February 2009 on his Williamsburg home, claiming it as a primary residence. Lying on a credit application for such a loan is a federal crime. Gonzalez did not respond to a request for comment. melissa.klein@nypost.com

Increased Faith in Court System Follows More Video Hearings

Video hearings surge in New York courts, helping alleviate security risks
The New York Daily News by Oren Yaniv  - EXCLUSIVE  -  April 10, 2011

Renato Seabra (left), who is charged with 2nd-degree murder in the murder of Portuguese journalist Carlos Castro in a Times Square hotel, appears on a screen via video at his arraignment. More and more court hearings are becoming viewings - with video technology beaming defendants into appearances, especially in Brooklyn. "It's the future of how courts are being run," said Justice Barry Kamins, administrative justice of Brooklyn Supreme Court, where video conferences nearly tripled in two years. "It's a win-win." There were 864 video-linked appearances in Brooklyn Supreme Court last year, the Department of Correction said. There were 353 in Manhattan, 331 in the Bronx, 21 in Queens and just one on Staten Island. Two years earlier, only 302 such hearings took place in Brooklyn, none in Manhattan, eight in the Bronx and six in Queens. The upswing began in 2009, partly to prevent an outbreak of swine flu from spreading - but video conference hearings have been allowed since the mid-1990s. If the inmate consents, they can be used for most proceedings - except trials and sentencing and plea hearings. Brooklyn is doing it more often because of technology, in part. The courthouse that opened in 2004 has many rooms with monitors and cameras. Most rooms in the older Manhattan Supreme Court and Queens Supreme Court lack the high-tech upgrades. Bronx Supreme Court opened in 2008 but has been plagued by construction and structural problems. And Staten Island Supreme Court lacks video apparatus. Every jail on Rikers Island, except the one housing sentenced men, has a teleconference facility. "It is helpful, since reducing inmate movement can reduce the security risks of transporting inmates," Correction Department spokesman Stephen Morello said. He added that video hearings haven't cut costs yet because there aren't enough to eliminate entire bus runs between the prison and the courts. On Friday, 12 defendants appeared via video in one Brooklyn courtroom. Each hearing lasted a few minutes, with lawyers updating the case status and scheduling another court date. "It seems like an efficient way of doing things," legal aid lawyer Marianna Lowenfeld said. Defense lawyers said some inmates prefer the trip from Rikers to see a judge, whether to break the routine of prison life or to see relatives in the courtroom. Others prefer a video hearing to avoid early wakeup calls or the glare of victims' loved ones. Accused cop killer George Villanueva last week opted for a video conference for his next court appearance in the death of Officer Alain Schaberger. The decision drew the ire of police union chief Patrick Lynch, who plans to pack the courtroom with cops. "We will be here," Lynch said. "I think he should be here." oyaniv@nydailynews.com

Lippman Whines On, But Still Mum on Rampant Corruption

The judge whines on
The New York Post - EDITORIAL - April 9, 2011

New York Chief Judge Jonathan Lippman still doesn’t get it: The state continues to face difficult economic times. Sure, he says he understands the “extraordinary fiscal challenges” confronting Albany. But he apparently believes that he and his court system are exempt from having to do their part by sacrificing. Or should be exempt, anyway. Lippman last week told court employees via webcast that many of their jobs are in peril because of the $170 million that was cut from his proposed $2.7 billion budget by Gov. Cuomo and the Legislature. “Let there be no mistake,” he said. “The impact of our reduced budget will hurt our ability to serve all New Yorkers, and in particular those who come to our courts seeking justice.” Now, pretty much every agency is singing the same tune. But only Lippman dared to draw a line in the sand, having threatened earlier that the $100 million he’d already offered was “the maximum we can do without fatally wounding my branch of government.” The odd possessive pronoun aside (his branch of government?), that $100 million offer was Lippman’s grudging concession to the governor’s insistence on a 10% across-the-board cut in all agencies. At first, Lippman actually demanded a 5% increase over last year’s spending. And even the final figure of $170 million amounts to a 6.3% reduction — far less than executive-branch agencies. The cut in court funding, he whined, is “dramatically larger” than any seen over the past 15 years. That’s for sure: In just the five years before this one, court budgets were up a staggering 28.8% — versus an inflation rate of just 11.4%. And since Lippman took office in 2009, the figure is 12.7% — against just 1.2% inflation. Lippman, in other words, is used to treating the public fisc as his and agency’s personal ATM — with an unlimited line of credit. Which no doubt explains why the Court of Appeals is spending more than $23 million to convert an old office building into a set of subsidized luxury suites for the justices — who spend barely 60 days a year in Albany. Time for Judge Lippman to man up and make do with less — like everyone else.

DUI Judge Charged With DUI

Montana judge on DUI task force charged with DUI

The Bozeman Daily Chronicle  -  April 10, 2011

HELENA (AP) - A Montana justice of the peace set to preside over a DUI court later this year has been charged with driving under the influence of drugs after authorities said he stumbled sweating and disoriented into a police station. The misdemeanor charge filed Thursday against Robert E. Lee is the latest in a string of DUI incidents involving high-profile officials as Montana lawmakers consider stricter laws aimed at changing attitudes of acceptance toward driving under the influence. Lee, 66, is charged with driving while under the influence of methadone, a synthetic narcotic used to relieve pain or prevent withdrawal symptoms from drug addiction. He denied the charges Friday in a phone interview with The Associated Press, but declined to speak about the allegations in detail. "I'm not on any drugs," he said. "There are several discrepancies in the complaint, and I'm sure when we get into court they'll be clarified." On the morning of the arrest Nov. 13, police officers found Lee knocking on their lobby window and asking to be let in the nearby Butte-Silver Bow County Courthouse to officiate a wedding, according to an affidavit. Lee was sweating profusely, appeared disoriented, had difficulty keeping his balance and gave confused answers to the officers' questions, the affidavit said. Officers asked Lee if he was taking any medications, which he initially denied. He said later he had taken Lorazepam, an anti-anxiety medication that he takes when he flies, the affidavit said. Lee performed poorly on a field sobriety test, police said. A blood test confirmed the presence of methadone. Officers searched Lee's vehicle and found a methadone tablet. At his house, officers were shown an empty bottle of methadone. The 60-tablet prescription had been filled nine days earlier. They also found a bottle of Lorazepa. Lee's wife told investigators that he had taken three tablets before he left the house and that Lee was taking Lorazepam to get off methadone. Lee "was taking too many pills and he has a problem," his wife told police, according to the affidavit. Lee said Friday that was "a mistaken statement by my wife" and that he doesn't take drugs. Lee is a retired Butte police officer and a member of the Butte-Silver Bow County DUI Task Force, which brings together law enforcement, courts, community leaders and businesses to strategize how to reduce drunken driving in the region. He is also credited with starting a program in his county that uses an alcohol-sensing ankle bracelet that tests a person's sweat. He is scheduled to rotate in as the presiding judge of the county's DUI court in October. Fellow justice of the peace Debra Williams now presides over the court, which began operations last October. Lee said he would have to be found guilty of the DUI charges to be prevented from assuming those duties, and he believes that he will be vindicated through the legal process. It's not clear why he was charged five months after the reported violation. The county attorney denied a records request from The Montana Standard in December based on an item on the police dispatch log. County commissioners asked the state to help prosecute the case late last month. It was the latest in a string of apparent conflicts involving state officials whose position gives them influence in shaping or interpreting DUI laws. In January, state Sen. Jim Shockley, the sponsor of several bills to strengthen Montana's drunken driving laws, stepped down as chairman of the Senate Judiciary Committee when he was arrested for driving with an open beer in his vehicle. He passed a field sobriety test and said he would still run for attorney general in 2012. Earlier this month, anti-drunken-driving advocates blasted state Rep. Alan Hale for a speech he made on the House floor saying DUI laws are harmful to small businesses. The Republican from Basin, who runs a bar, implied that people need to drive home after drinking at their local bars. Mothers Against Drunk Driving said those statements brought Montana back to a dangerous time when drunken driving was acceptable in the state.

First update:

BUTTE (AP) - A Montana justice of the peace set to preside over a DUI court later this year has been charged with driving under the influence of drugs. An assistant attorney general filed the misdemeanor DUI charge Thursday against Robert E. Lee. He's charged with driving to the Butte-Silver Bow County Courthouse on Nov. 13 while under the influence of methadone. The synthetic narcotic is used to relieve pain or prevent withdrawal from drug addiction. Lee was to perform a wedding that morning. A blood test confirmed the presence of methadone. Lee says he does not take drugs and he is confident he will be vindicated. Lee says he is scheduled in October to rotate in as the presiding judge for the county's new DUI court.

Original report:


BUTTE (AP) - A Montana justice of the peace recently appointed to help oversee a new DUI court has been charged with driving under the influence of drugs. An assistant attorney general filed the misdemeanor DUI charge Thursday against Robert E. Lee, a retired Butte police officer. Lee is charged with driving to the Butte-Silver Bow County Courthouse on Nov. 13 while under the influence of methadone, a synthetic narcotic used to relieve pain or prevent withdrawal symptoms from drug addiction. He was knocking on the window of the police station that Saturday morning asking officers to let him into the courthouse because he had a wedding to perform, police said. Lee appeared confused and under the influence of alcohol or drugs, officers said. The officers said Lee told them he drove to the courthouse and police found his vehicle parked in a handicapped zone. Court records said his driver's license and some credit cards were found on the ground outside the courthouse. Lee performed poorly on a field sobriety test, police said. A blood test confirmed the presence of methadone. Lee told officers he was on lorazepam, an anti-anxiety medication. His wife told investigators that Lee was taking lorazepam to get off methadone. Officers searched Lee's vehicle and found a methadone tablet. At his house, officers were shown an empty bottle of methadone. The 60-tablet prescription had been filled nine days earlier. Lee told KXLF-TV he was confident he would be vindicated. He also said he believed he would be allowed to remain on the bench, since the charge was a misdemeanor. It's not clear why he was charged five months after the reported violation. The county attorney denied a records request from The Montana Standard in December based on an item on the police dispatch log. County commissioners asked the state to help prosecute the case late last month.

Judge Charged With Disorderly Conduct

Waukesha County judge charged with disorderly conduct
The Journal Sentinel by Jesse Garza  -  April 6, 2011

Police cite outburst at ex-beau in Caledonia

Waukesha County Circuit Judge Linda Van De Water has been charged with disorderly conduct for allegedly kicking and jumping on her ex-boyfriend's car after confronting him outside the home of another woman, according to a criminal complaint. Van De Water, 48, frantically pounded on the door of the woman's neighbor while looking for the man and tore through the residential neighborhood in a sport utility vehicle at a high rate of speed after the confrontation. She was later caught lurking in the woman's yard and confronting the ex-boyfriend and the woman at a Brookfield restaurant, according to the complaint. A copy of the complaint, filed March 25 in Racine County Circuit Court, was obtained Wednesday. Van De Water has an unlisted number and could not be reached for comment.

According to the complaint: About 2 a.m. Jan. 16, Van De Water began pressing the doorbell and pounding on the front door of a residence in Caledonia. A woman who lived there said Van De Water, wearing a puffy coat and plaid pajamas tucked into her boots, was outside looking into the home through a front window. When the woman answered the door, Van De Water, "angry, frantic and determined," asked for the man. When the woman said he wasn't there, Van De Water asked her to dial the man's number on a cellphone. The woman dialed the number twice, each time handing the phone to Van De Water, who demanded the man come outside. After leaving, Van De Water went to a second residence before approaching a car and kicking it four times. After she walked away, the man came out of the second residence, got into the car and began making a U-turn. At that point, Van De Water emerged, jumped on the hood of the car and started screaming at the man. The man then opened the driver's door and pushed Van De Water away when she came at him, flailing her arms, according to the complaint. The man then headed east and Van De Water followed him in an SUV before turning back and heading up the street at between 35 and 45 mph, according to the complaint. The next day, a man in the neighborhood saw Van De Water in the other woman's backyard. That evening, Van De Water confronted the woman and the ex-boyfriend at a Brookfield restaurant, according to the complaint. If convicted, Van De Water could be sentenced to 90 days in jail and fined $1,000. The disorderly conduct charge is a misdemeanor offense.

Ex-Judge’s New Chambers: A Cell; Gets 30 Months in Prison

Former member of Luzerne County bench pleaded guilty to corrupt receiving of reward from lawyer in arbitration
The Times Leader by Terrie Morgan-Beseckertmorgan  -  April 9, 2011

SCRANTON, PA – Decrying Michael Toole for bringing disrepute to the judiciary, a federal judge on Friday sentenced the former Luzerne County judge to 2 years in prison for his guilty plea to corruption and tax-related charges. Former Luzerne County Judge Michael Toole arrives at the federal courthouse in Scranton on Friday for sentencing. In addition to jail time, Toole must pay a $5,000 fine. Below, spectators leave the courthouse. The sentence, which also included a $5,000 fine, was in the middle of federal sentencing guidelines, which called for Toole to serve between 27 to 33 months in prison. In deciding the sentence, U.S. District Judge Richard P. Conaboy acknowledged Toole was a respected member of the community prior to his arrest, but said those accomplishments must be balanced against the seriousness of his crime. “It’s a sad day for you, but an even sadder day for the citizens of Luzerne County,” Conaboy said moments before he imposed the sentence. “I can’t think of a more horrible offense than selling your service as a judge.”  Toole, the son of retired Luzerne County Judge Patrick Toole, acknowledged as much in an approximately five-minute address to the court in which he repeatedly derided himself for the shame and humiliation he brought to himself, his family, the county and the judiciary. “I can’t possibly explain how extremely sorry I am for my conduct. My actions, your honor, were not just wrong, they were a serious violation of the public’s trust,” Toole said. Several of the more than dozen family members and friends who accompanied Toole dabbed tears from their eyes as Toole, his voice steady and unwavering, spoke of being “consumed” by guilt to the point he is barely able to function. “I failed to be the son, husband, father and public servant I was expected to be. It is an absolutely devastating realization that I will struggle with for the rest of my life,” he said. “The shame I feel is overwhelming and, at times, crushing,” he later continued. “The community that once put its faith in me to serve with fidelity now, rightfully, treats me with disdain and disgust.” Toole’s supporters consoled each other outside the courtroom following the sentencing. His father, who continues to serve as a senior judge in Luzerne County, and other family members declined to comment. Toole, 51, of Wilkes-Barre, pleaded guilty in November to corrupt receipt of a reward for official action for accepting free use of a beach house owned by attorney Harry Cardoni. Federal prosecutors alleged the free rental was a reward for Toole, who had appointed an attorney Cardoni wanted to hear an uninsured motorist arbitration case. Toole also admitted he failed to report on his 2006 income tax return a $30,000 referral fee he received from a different attorney in an unrelated case. Cardoni has been suspended from practicing law, but has not been charged with any crime – an issue Toole’s attorney, Frank Nocito – mentioned Friday in seeking a reduced sentence for Toole. Nocito stressed he was not trying to excuse Toole’s actions, but asked Conaboy to consider Cardoni’s fate as part of sentencing guidelines that suggest a judge not impose disparate sentences on offenders charged with similar offenses. Conaboy lamented that the government must sometimes make those types of agreements in order to obtain a conviction of another person. “I have no respect for people who offer a bribe. I think sometimes the briber is as guilty and responsible as the bribee,” he said. That did not lessen Toole’s culpability, however, he said.

Community service

Nocito also sought leniency for Toole based on his lifelong contributions to the community, including serving as a little league baseball and basketball coach and his volunteer work with the Catholic Youth Center. Toole, an admitted alcoholic and gambling addict, has also made significant strides in his rehabilitation since his arrest, Nocito said. The depth of his community involvement was expressed by 156 people who wrote letters on Toole’s behalf, including members of Alcoholics Anonymous who met Toole at meetings he attends. Conaboy on Thursday publicly released the majority of those letters, but withheld others that contained private family information. At the sentencing hearing, Conaboy acknowledged Toole’s background and his accomplishments toward rehabilitation, but said the harm Toole caused could not be overlooked. “You have badly stained the reputation of your family and every judge in the nation who strives on a daily basis to keep up the integrity, honesty and decency the community expects,” Conaboy said. Toole was among 30 persons who were charged in connection with the Luzerne County corruption probe that was headed by the FBI and IRS. In a press release, U.S. Attorney Peter J. Smith said Toole’s sentence was appropriate. “Today’s sentence is a major step towards correcting the harm done by the defendant’s actions,” Smith said. Conaboy allowed Toole to remain free pending his report date, which was set for May 2.

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Toole sentenced to 30 months in prison
The Times Leader  -  April 8, 2011

SCRANTON, PA - Former Luzerne County judge Michael Toole has been sentenced to 30 months in prison on corruption-related charges. Toole, 51, of Wilkes-Barre, appeared before U.S. District Judge Richard P. Conaboy on charges of corrupt receipt of a reward for official action and tax evasion. Toole admitted he accepted free use of a beach house owned by attorney Harry Cardoni as a reward for using his office to influence a uninsured motorist arbitration case that was handled by Cardoni. He also admitted failing to report on his income taxes a $30,000 referral fee he received in an unrelated case. Conaboy said he considered Toole's background before sentencing and felt that a prison sentence was warranted, given the violation of judicial trust. "I can't think of a more horrible offense than to sell your service as a judge," Conaboy said. Before being sentenced, Toole apologized to his family, friends and community. "I failed to be the son, the husband, the father, the friend and public servant I was expected to be," Toole said. "I am absolutely devastated by that realization and will struggle with that for the rest of my life."

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Federal court Former judge wanted courts to depart from government’s recommended sentence for guilty plea

• Among the issues raised was whether Toole received more than one gratuity when he was offered the use of a beach house by attorney Harry Cardoni of Kingston.

• U.S. District Judge Richard P. Conaboy issued a 14-page memorandum that explained his reasons for approving the guideline range prepared for Toole by the federal probation office.

SCRANTON, PA – A federal judge Friday rejected a request to depart from the government’s recommended sentence of 27 to 33 months in prison for former Luzerne County Judge Michael Toole. Toole, 51, of Wilkes-Barre will be sentenced April 8 for his guilty plea made last November to filing a false tax return and corrupt receipt of a reward for official action, namely accepting the use of a New Jersey beach house owned by an attorney whom he helped win an uninsured motorist arbitration.  In rejecting defense attorneys’ arguments for leniency Conaboy noted Toole’s former elected position set him apart from other defendants. “Of particular importance in this case is the fact that the defendant was a public servant … who violated the public trust in a manner that is extremely significant,” wrote Conaboy. Still he said he will allow further comment from attorneys in the case at the sentencing hearing in U.S. District Court, Scranton. Conaboy had already heard arguments March 25 on the sentencing and prior to that reviewed documents supporting each side’s position on what punishment Toole should receive for his role in the corruption uncovered in the county court and government, local school districts and municipal governments. Among the issues raised was whether Toole received more than one gratuity when he was offered the use of a beach house by attorney Harry Cardoni of Kingston. Conaboy dismissed the defense argument “the distinct uses of the beach house were separate installments of a single gratuity.” Instead, he determined the offers were made for separate vacations in 2006 and 2008 and as a result, the sentence should be increased to reflect multiple gratuities. The value of the gratuities further increased the sentence, Conaboy determined. He sided with federal prosecutors who calculated the week-long rentals at $6,500 in 2006 and $7,500 in 2008. Defense attorneys argued the house was offered for use when Cardoni was not renting it to others and therefore the cost was lower. In addition, Toole used the house for no more than two days at a time instead of the full week, they argued. “The house was offered for a week at a time, the realtor’s documents show it was set aside for a week at a time, defendant accepted the use of the house on a weekly basis, and there is no indication that the use was in any way limited by the owner,” wrote Conaboy. Toole’s attorneys pointed to his ongoing recovery for alcohol and gambling addictions in their request that Conaboy depart from the sentencing guidelines and impose a lesser sentence. “While we commend (Toole) for his progress and efforts at rehabilitation and rebuilding family relationships, we conclude (he) is not entitled to a downward departure based on extraordinary rehabilitation,” Conaboy wrote. Still to be decided is a request by Local TV LLC and WNEP, on behalf of WNEP-TV, for the release of letters received by Conaboy on Toole’s sentencing. Conaboy said he “would like to hear” the views of the attorneys in the case and the television station on the WNEP’s entitlement to the letters. He set deadlines of 4 p.m. on April 5 for briefs to be filed on the request.  jlynott@timesleader.com

********************************************
Judge releases messages, saying it is vital to give access to sentencing factors.
The Times Leader by Terrie Morgan-Besecker  -  April 8, 2011

SCRANTON, PA – Acknowledging the importance of transparency within the court system, a federal judge on Thursday ordered the release of the majority of letters written on behalf of former Luzerne County Judge Michael Toole relating to his sentencing today on a corruption charge. U.S. District Judge Richard P. Conaboy agreed that letters written by public officials, court workers, friends and co-workers should be released, but denied the release of letters written by certain family members, members of Alcoholics Anonymous, religious officials and Toole’s alcohol counselor. Conaboy said he believed the letters from public officials should be released in their entirety because those persons, by virtue of their positions, do not have the same expectation of privacy as private individuals. The letters from court employees, friends and co-workers should also be released, he said, because those people should know that by writing a letter, they were giving up some of their privacy rights. He declined to release letters from Toole’s mother, father, wife and children and members of Alcoholics Anonymous, finding that those letters contained highly personal information; therefore those persons’ right to privacy took precedence over the public’s right to know. Regarding the alcohol counselor’s letter, Conaboy said it contained confidential information regarding Toole’s medical history. He left open the possibility he might release that letter, family letters and those from Alcoholics Anonymous at a later date with certain information redacted.

Sentencing today

Toole, 51, of Wilkes-Barre, will be sentenced today at 10 a.m. for his guilty plea to corrupt receipt of a reward for official action and tax evasion. Authorities say Toole accepted free use of a beach house owned by attorney Harry Cardoni as a reward for influencing an uninsured motorist arbitration case involving Cardoni. Federal sentencing guidelines call for a sentence of 27 to 33 months in prison. The defense presented Conaboy with 156 letters written on behalf of Toole in hopes of convincing Conaboy to show leniency. The conference Thursday was called to address the request for the letters that was initially made by WNEP-TV reporter Dave Bohman. The Times Leader was granted permission to intervene in support of the television station’s request. Frank Nocito, Toole’s attorney, had objected to the release of any of the letters, arguing that many of them contained highly personal information and that the authors had written them under the assumption they would remain private. Conaboy acknowledged the court had been presented with an unusual situation as he had never before been asked to release letters written on behalf of a criminal defendant. “This is a bizarre meeting, to say the least,” the 86-year-old Conaboy said as the meeting began in a conference room. “I’ve been a judge for 50 years and I never had a request (like this) before.” Conaboy said he initially agreed to allow Bohman to see the letters, but then decided he should contact Toole’s attorneys and the government before releasing the information. Conaboy originally planned to meet only with attorneys for Toole, the government and the media outlets. In an unusual move, he allowed reporters, who typically are precluded from any hearing that is not held in open court, to attend and report on the meeting. The judge candidly acknowledged that he was “struggling” to make a decision regarding the letters was “looking for as much guidance as I can get.” “In fairness to the public, I thought you should know what I’m struggling with,” he said. Ralph Kates, attorney for The Times Leader, and Michael Genello, attorney for WNEP, sought the release of all the letters, arguing the public had the right to know all the information Conaboy would utilize in deciding Toole’s sentence. That was particularly important because Toole was a judge charged with violating the public’s trust.

Testimony open

Kates also argued that if those who wrote the letters appeared in court to testify on his behalf, their statements would be open to the public. “I have difficulty understanding how you would consider that evidence differently because it is in written form versus testimonial form,” Kates said. “The fact it is in written form does not change the public’s right to know the factors presented to you to influence your decision.” Kates acknowledged that the letters written by Toole’s father, Patrick, a retired county judge who now serves as a senior judge, and other family members likely contained highly personal information. The release of that information would undoubtedly cause the family pain, but that was not a valid reason to withhold them, he said. “Public disclosure in a very real sense would pour salt into a wound. But personal discomfort is not a reason to deny the public access to information you think is important in making your decision,” Kates said. Conaboy said he understood the attorneys’ positions, but he felt compelled to keep letters written by Toole’s family confidential because they contained intimate information. “I think they are entitled to privacy for these letters that, by nature, are very emotional,” Conaboy said. Conaboy said the letters from members of Alcoholics Anonymous also presented a quandary because that organization is predicated on a person retaining their anonymity. Kates and Genello suggested a compromise could be attained by releasing the letters and redacting the writers’ names. Conaboy said he is willing to reconsider that possibility, but held to his original decision to deny disclosure.

Lawyers pleased

Speaking after the hearing, Erik Schrader, news director for WNEP, said he was pleased by the judge’s decision. “We are very happy the public is going to see the information that, by the judge’s own admission, he plans to use in influencing his decision,” Schrader said. “The things we did not get, I understand the reason for why we didn’t get it.” Kates said overall he was also happy with the judge’s decision. He said he remains hopeful Conaboy will agree to release the other records with certain redactions. “I think he is troubled by withholding information from the public and will reconsider his decision,” he said.  tmorgan@timesleader.com

Attorney General Schneiderman Subpoenas Foreclosure Law Firm

New York Subpoenas 2 Foreclosure-Related Firms
The New York Times by Gretchen Morgenson - April 8, 2011

Eric T. Schneiderman, the New York attorney general, has issued subpoenas to the state’s largest foreclosure law firm and a related company, indicating that his office has some doubts about the effort by state attorneys general to resolve questionable foreclosure practices among the nation’s top banks. The New York investigation appears to center on two of the state’s foreclosure industry giants: the Steven J. Baum firm, headquartered in Amherst, N.Y., and Pillar Processing, a default servicing firm set up by Mr. Baum that was spun off in 2007. Representing JPMorgan Chase,Wells Fargo and other large banks, the Baum firm has handled an estimated 40 percent of foreclosure cases in the state. Pillar Processing provides extensive services to the firm. A spokesman for Mr. Schneiderman declined to comment. Mr. Baum said in an e-mail: “The firm will cooperate with the attorney general in this matter. We are confident that after a full review by the attorney general they will find no wrongdoing.” Attorneys general across the country have been working on ways to rectify foreclosure improprieties by the nation’s biggest banks and have entered into negotiations in recent weeks with these institutions about a national settlement. Tom Miller of Iowa is leading that effort. While Mr. Schneiderman has been participating, his new investigation points to the possibility that he will take a different path.

Large foreclosure law firms have come under scrutiny in states outside New York. Last year, the Florida attorney general began investigating the David J. Stern firm, the largest in that state. That investigation is continuing, but the law firm stopped bringing foreclosure cases last month. Like the Stern firm, Mr. Baum’s operation flourished as the mortgage crisis deepened. Since the end of 2007, it has filed more than 50,000 new foreclosure cases in New York, according to data compiled by the New York State Unified Court System. The firm employs approximately 70 lawyers. Along with the attorney general, federal prosecutors in Manhattan have requested information about the Baum firm’s practices, according to a lawyer who has represented borrowers against the firm. The lawyer spoke on condition of anonymity because the communications with the prosecutors were private. A spokesman for the Department of Justice declined to comment. Scrutiny of the Baum firm has increased in recent months after significant errors surfaced nationwide in legal paperwork used by banks to seize delinquent borrowers’ homes. For example, documents detailing how much borrowers owe have been signed by bank representatives who say they have not verified the information. Other problems involve the questionable notarization of documents, or paperwork indicating that the foreclosure process was begun without providing proof that the entities involved had the legal right to foreclose. The Baum firm has drawn rebukes on its legal practices from judges in several New York jurisdictions. Judges in courts across the state have rejected scores of cases filed by the Baum firm, saying it has failed to provide the documentation necessary to commence foreclosure. Last November, Judge Scott Fairgrieve in Nassau County district court imposed sanctions of $5,000 on the Baum firm in a foreclosure case and required it to pay more than $14,000 in fees to the borrower’s lawyers. When awarding the sanctions, the judge wrote: “Bringing legal proceedings when there is no legal right to do so, due to lack of standing, stalls the efficient administration of justice in the system.”

Paul D. Stone, a lawyer in Tarrytown, N.Y., has been defending a foreclosure case against the Baum firm since 2009. “I’ve never seen any firm file such ill-conceived, ill-researched, nonfactual materials with a court,” Mr. Stone said. The judge overseeing his case recently ordered Mr. Baum’s firm to pay some of the borrower’s legal costs. Hoping to eliminate defective filings, last fall New York courts began requiring lawyers bringing foreclosure cases to attest to the accuracy of their papers. The Baum firm was founded in 1972 by Marvin R. Baum and has been overseen by Steven J. Baum, his son, since the elder man died in 1999. Steven Baum created Pillar Processing in 2007, a provider of real estate default services, and it is located in the same office complex in Amherst as the law firm. Pillar was purchased in 2007 by Tailwind Capital, a New York hedge fund; some of Pillar’s debt and equity is also held by Ares Capital, a publicly traded investment company in New York City. Representatives of Tailwind did not respond to an e-mail seeking comment. An Ares spokesman declined to comment. Pillar Processing’s default servicing practices have attracted criticism from Cecelia G. Morris, bankruptcy judge in the Southern District of New York. In a court hearing on Feb. 5, 2008, Judge Morris said she would no longer accept any material from Pillar Processing in her court and added that if more paperwork from Pillar came in, she would deny the motions associated with it. Linda M. Tirelli, a lawyer in White Plains who represents homeowners, discussed three current foreclosure cases in which she faces the Baum firm. “The documents don’t make sense in any of them,” she said. In another foreclosure being defended by Ms. Tirelli, a lawyer for the bank told the court that the Baum firm had filed inaccurate documents as it sought to take over a borrower’s property. After trying unsuccessfully to find every link in the chain of title on the property, the Baum firm prepared inaccurate papers to fill in what was missing, according to court documents. Speaking generally and not specifically about the Baum firm, Raymond H. Brescia, assistant professor of law at Albany Law School, said: “We’re seeing a disproportionate number of cases in the foreclosure context where questionable filings have been made. I think it’s easy to say this is the largest and most wide-ranging fraud against the courts in the United States. Lawyers have to have a good-faith basis for the factual assertions they make to the court; they are responsible if they file pleadings that are baseless.”

****************************************RELATED STORY:

Foreclosure law firm under investigation after practices questioned
The New York Times by Gretchen Morgenson - April 9, 2011
Baum firm under AG scrutiny

NEW YORK, NY -- Eric T. Schneiderman, the state attorney general, has issued subpoenas to the state's largest foreclosure law firm and a related firm, indicating that his office has some doubts about the effort by state attorneys general to resolve questionable foreclosure practices among the nation's top banks. The state investigation appears to center on two of the state's foreclosure industry giants: the Steven J. Baum firm, headquartered in Amherst, in suburban Buffalo, and Pillar Processing, a default servicing firm set up by Baum that was spun off in 2007. Representing JPMorgan Chase, Wells Fargo and other large banks, the Baum firm has handled an estimated 40 percent of foreclosure cases in the state. Pillar Processing provides extensive services to the firm. A spokesman for Schneiderman declined comment. Baum said in an email: "The firm will cooperate with the attorney general in this matter. We are confident that after a full review by the attorney general they will find no wrongdoing." Attorneys general across the country have been working on ways to rectify foreclosure improprieties by the nation's biggest banks and have entered into negotiations in recent weeks with these institutions about a national settlement. While Schneiderman has been participating, his new investigation points to the possibility that he will take a different path. The Baum operation flourished as the mortgage crisis deepened. Since the end of 2007, it has filed more than 50,000 new foreclosure cases in New York state.

National Focus on Picking Judges

Obama faces fight in choice for judge

The Washington Times by Sean Lengell  -  April 8, 2011

Lie called liberal, too inexperienced

The Senate Judiciary Committee approved a controversial appeals court nomination Thursday, setting up the first big battle in this Congress over an Obama judicial nomination. The panel's party line 10-8 vote in favor of University of California at Berkeley law professor Goodwin Liu portends a tough partisan struggle in the full Senate, where Republicans are in position to successfully filibuster his pending confirmation — a move that would hand President Obama a high-profile judicial defeat. "While I have pledged — and indeed demonstrated — cooperation in moving forward on consensus nominations, there is no doubt that Mr. Liu does not fall into that category," said Sen. Chuck Grassley of Iowa, the committee's senior Republican. Conservatives say Mr. Liu is far too liberal — he's a past chairman of the progressive American Constitution Society and a former board member of the American Civil Liberties Union of Northern California. They also complain he lacks judicial experience. Supporters counter the professor, a former Rhodes scholar, is a more-than-qualified candidate and has been unfairly demonized by the political right. "In Professor Liu's case, I believe the views expressed in his writings fall far outside the mainstream of the traditional American view of law and judging, going so far as to distort the meaning of plain words beyond reality," said Sen. Jeff Sessions, Alabama Republican and member of the Senate Judiciary Committee.

Senate Judiciary Committee Chairman Patrick J. Leahy, Vermont Democrat, accused Republicans of playing politics with the nomination, saying they opposed Mr. Liu even before hearing him testify before the panel. "Professor Liu's answers under oath and his reputation as a well-respected constitutional law professor with sterling credentials paint a very different picture than the caricature created by the attacks from pressure groups that came as soon as he was nominated," Mr. Leahy said. The Vermont Democrat also said Republicans were using a double standard with Mr. Liu by demanding "a level of specificity" about how he might rule as a judge they've deemed inappropriate for nominees nominated by Republican presidents. President Obama tapped Mr. Liu more than a year ago to fill a vacancy on the U.S. Court of Appeals for the 9th Circuit, which includes California and much of the rest of the West. His nomination stalled in the Senate amid Republican opposition, and Mr. Obama renominated him for the post in January. The Liu debate extends far beyond Capitol Hill, as liberal and conservative groups see the nomination fight as a crucial test of the president's ability to put his stamp on the nation's judiciary. Curt Levey, executive director of the conservative Committee for Justice, called Mr. Liu "the worst of Obama's nominees at all levels of the federal courts." Nan Aron, president of the liberal Alliance for Justice, in contrast called Mr. Liu "one of the finest legal minds of his generation" who deserves a swift yes vote on the Senate floor. Whether that vote happens, however, is uncertain. Democrats control only 53 of the Senate's 100 seats — seven fewer than needed to guarantee an override of a Republican filibuster. A handful of moderate Democrats facing tough re-election battles also may be tempted to join a GOP filibuster of Mr. Liu. Senate Democrats successfully used the filibuster tactic to block appeals court nominees by President George W. Bush but Republicans have yet to do the same with any of Mr. Obama's appellate nominees. Senate Majority Leader Harry Reid, Nevada Democrat — eager to avoid putting politically vulnerable members of his caucus up for a vote that could be used against them during re-election campaigns — may decline to even bring the Liu nomination up for a floor vote. It's also uncertain whether new nonbinding rules regarding Senate conduct would be enforced if the Liu nomination hits the chamber floor. In a gentlemen's agreement reached in January, Senate Minority Leader Mitch McConnell, Kentucky Republican, vowed to use the filibuster less in exchange for a promise by Mr. Reid to allow Republicans more opportunities to offer amendments to legislation. Spokesmen for the two Senate leaders didn't respond to a request for comment on the Liu matter. Meanwhile, Senate Democrats and the president are under pressure from liberal and minority groups to press hard for Mr. Liu's confirmation. "There is a tremendous lack of diversity on the federal appellate bench," said Karen K. Narasaki, president and executive director of the Asian American Justice Center.  "Professor Liu not only has the right intellect and temperament to be an outstanding judge, he would also be only one of two active Asian Pacific American federal appellate judges in the entire country and the only one in the 9th Circuit."

Pfau Says to Shut Courts Early, Mum on Wasteful Corruption

State’s Judges Told to Shut Courtrooms Earlier to Cut Costs
The New York Times by JOHN ELIGON - April 6, 2011

Judges across New York State were told on Wednesday to shut down their courtrooms a half-hour earlier every day in an effort to cut back on overtime paid to staff members like court clerks and court officers. The request came in a two-page memorandum from Ann Pfau, the state’s chief administrative judge, days after the state budget cut funds for the judiciary by $170 million. “As we have discussed, our difficult fiscal situation requires that we reduce spending, including a significant reduction” in court staff, Judge Pfau wrote. “The ultimate number of layoffs, however, can be mitigated if we make every effort to eliminate nonessential spending.” Other than arraignment courtrooms that work into the night, Judge Pfau wrote, all court proceedings “generally should end no later than 4:30 p.m.” rather than the current 5 p.m. The change applies to both state and local courts. The memorandum also calls for the end to a longstanding practice of having juries deliberate through the lunch hour, because that too requires staff members to work, and collect overtime. There will be times when court proceedings will run past 4:30. During a trial, for instance, if a witness is expected to have about 20 or 30 minutes of testimony left at 4:30, and that witness has a scheduling conflict the next day, a judge may be inclined to allow the proceeding to go on. But to do that, a judge must now receive approval from that court’s administrative judge. Justice Michael J. Obus, the chief administrative judge for the criminal division of State Supreme Court in Manhattan, said he would consider requests case by case. “Judges have already been told they should avoid this if humanly possible,” he said. Judges generally saw the new policy as an imposition, though a necessary one. “Judges are self-motivated and want to get things done,” Justice Obus said. “Anything that interferes with getting things done is not welcome.” Justice Obus, who as an administrator was already aware of the impending change, already had to grant one extension — to himself. During deliberations in the trial of Leigh Morse, an art dealer convicted of fraud, a juror, as she was leaving the courtroom at 4:30 one day last month, said she would not come back the next day, Justice Obus said. That required him to question the juror, which caused the court staff to have to stay until after 5 p.m. Given the rising caseloads, the new closing time “makes no sense,” said Rocco DeSantis, the president of the New York State Court Clerks Association. It will be difficult for clerks to process the large amount of paperwork required of them in a shorter time period he said. “Our clerks are under tremendous pressure to make sure the work is done,” Mr. DeSantis said. “The public is going to be the one that suffers the most.” Dennis W. Quirk, the president of the New York State Court Officers Association, said it would be difficult for his officers to tell people who had been waiting all day for their cases to be called to return the following day because of the rigid closing time. “We’re going to have a lot of angry people,” he said. One clerk who has worked in State Supreme Court in Manhattan for two years noted at least one advantage to the new rule. “It’s great to actually get home before the sun goes down,” he said.

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Another Sex-Driven 'Officer of the Court' to be Proud Of

Attorney Salvatore Strazzullo hit with sexual harassment suit

The New York Post by Jamie Schram - April 6, 2011

He has been called "a cross between a bulldog and a Chihuahua."

But now, prominent New York attorney Salvatore Strazzullo can just be called a dirty old dog, according to a bombshell sexual harassment suit. In papers filed today in Brooklyn Supreme Court, Strazzullo is accused by former paralegal Desiree DeMartino of keeping her in a conference room while her one-year-old son was just outside the door, exposing himself and masturbating to completion. The suit also charges that Strazzullo “forcibly kissed” the married DeMartino, placed his hands down her shirt and groped her breasts. As if that wasn’t enough, Strazzullo allegedly cut her salary and hours when she complained, and then denied her vacations and holidays. Finally, he terminated her employment, the suit says. Strazzullo had no comment. Strazzullo, who runs offices in Manhattan, Brooklyn, Staten Island and Italy, is best known for representing celebrity and other high profile clients as well as his fiery personality in defending them on national TV. Some of his clients include Foxy Brown, Silvia Mena who sued Washington Redskins Defensive Tackle Albert Haynesworth and Milana Dravnel who filed a $25 million defamation suit against boxer Oscar De La Hoya. Strazzullo has regularly appeared in gossip columns as well as New York society magazines such as Avenue. Post columnist Andrea Peyser once referred to him as "a cross between a bulldog and a Chihuahua.”

In her lawsuit, DeMartino alleges that she worked for Strazzullo from December 2004 to February 2011. During the summer of 2009, Strazzullo allegedly held DeMartino against her will for ten minutes in the conference room at his Staten Island office. While blocking the doorway with his body, “Strazzullo unzipped his trousers, exposed his penis and masturbated to completion,” the suit charges. DeMartino was screaming at Strazzullo to “stop masturbating, to put [his] penis away,” and to let [her] out” of the conference room,” the papers say. In Oct. 2010, Strazzullo allegedly struck again – this time in his Brooklyn office. He allegedly summoned DeMartino into his private office, locked the door and approached her as if he were going to take documents she had been carrying. Instead, the suit says, Strazzullo lunged at DeMartino, “kissed her on the mouth, placed his hand down her blouse and grabbed her breasts.” DeMartino allegedly yelled at him to stop and threatened to report his harassing behavior. From then on, the situation spiraled downward for DeMartino, who was terminated by Strazzullo in February, according to the suit. “There is little to add independent of the allegations stated in the complaint, which simply illustrate downright despicable and intolerable behavior,” said DeMartino’s attorneys, Michael Borrelli and Alexander Coleman.

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Federal Judge Reverses Self On 'Indefinite' Jury Duty Order

Brooklyn woman who presented herself as racist on jury questionnaire let off hook by judge
The New York Daily News by John Marzulli - April 7, 2011

Federal Judge Nicholas Garaufis lectured Juror 799, but also let her off the hook. A Federal judge relented Wednesday and commuted the sentence of indefinite jury duty he had slapped on a Brooklyn woman who presented herself as wildly racist and anti-cop. "I hope this experience will be an education for you and the next time you're called for jury duty you'll give honest answers," Federal Judge Nicholas Garaufis told Juror 799. The young Asian woman had written in her jury questionaire on Tuesday that she couldn't stand "African-Americans, Hispanics and Haitians" - and that all cops were lazy. Garaufis, who is trying to empanel a jury for the capital case against Bonanno crime boss Vincent (Vinny Gorgeous) Basciano, told her she was outrageous and vowed to keep her coming back every day for jury duty. On Wednesday, he made it clear it wasn't her views that angered him but what he said was her obvious attempt to weasel out of jury duty by lying. "My ruling was not based in any way upon whether or not you held any racist views. It was apparent you did not tell the truth," Garaufis told the woman. "You were the only juror who indicated that you had every form of bias imaginable. You were lying to the court in order to be excused." Jury questionaires are filled out under oath. Juror 799 sat off by herself in the jury assembly room for most of Wednesday, calmly flipping through newspapers and a pamphlet entitled "A Guide to Continuing Your Education After Prison," until the judge sent a clerk and a deputy marshal to fetch her in the late afternoon. He told her she was free to go, but that he would dock her $40-a-day juror pay. She didn't argue. "The purpose of this order was to attempt to create some consequences or disincentive for people who intentionally obstruct the court's ability to empanel a fair and impartial jury," he said. Garaufis offered her an escort to avoid a crowd of reporters waiting to grill her about her views. NYU Law Prof. Stephen Gillers said the judge had no choice but to find her in contempt for lying, or release her. Obnoxious opinions, he said, are not criminal. "She can't be punished for being a racist," Gillers said. "You don't check the First Amendment at the courtroom door." jmarzulli@nydailynews.com

*********************************** BACKGROUND STORY:
Judge gives woman 'indefinite' jury duty
The New York Daily News by John Marzulli - April 6, 2011

NEW YORK, April 6 -- A federal judge has sentenced a New York woman to indefinite jury duty after she made allegedly racist remarks on a prospective juror questionnaire. "This is an outrage, and so are you!" U.S. Judge Nicholas Garaufis told the woman Tuesday, holding up her juror questionnaire, the New York Daily News reported. The prospective juror was up for jury duty in the death penalty trial of Bonanno crime boss Vincent "Vinny Gorgeous" Basciano. Asked on her questionnaire to name three people she least admired, the Asian woman in her 20s from Brooklyn allegedly wrote "African-Americans, Hispanics and Haitians." Asked by the judge why she wrote that, she said, "You always hear about them in the news doing something." She also wrote that all policemen are lazy and use their sirens to get around traffic jams. Garaufis granted a prosecution request the woman be disqualified from the Basciano case for her "inappropriate" comments. However, Garaufis said, the woman would still be seeing a lot of his courtroom. "She's coming back [today], Thursday and Friday -- and until the future, when I am ready to dismiss her," Garaufis said.

Prominent Attorney Pleads Guilty to Bribery and Conspiracy Cover-Up

In New Jersey, Ex-Prosecutor Pleads Guilty in Bribery Case

The New York Times by RICHARD PÉREZ-PEÑA - April 5, 2011

NEWARK, NJ — A fixture in legal and political circles, Clifford J. Minor has been a police officer, judge, prosecutor, defense lawyer and mayoral candidate. On Tuesday, he added an unflattering entry to his résumé: confessed felon. Mr. Minor admitted that he took a bribe, abetted a false confession and tried to cover his tracks by falsifying a document and lying to investigators — all part of a scheme to help a career criminal avoid a weapons charge. Appearing before Judge Dickinson R. Debevoise in Federal District Court here, Mr. Minor, 68, pleaded guilty to six criminal charges. His lawyer, Thomas R. Ashley, said that based on the plea agreement with federal prosecutors, “we would expect a sentence in the range of 18 to 24 months,” but the judge is not bound by that. Judge Debevoise set sentencing for July 18; some of the charges could carry sentences of up to 20 years in prison. Mr. Ashley said Mr. Minor would not speak about the case outside court. A year ago, Mr. Minor was challenging Mayor Cory A. Booker by promoting his law enforcement experience, which included a stint as the presiding judge of Newark Municipal Court followed by five years as the Essex County prosecutor in the 1990s. Running on a ticket with allies of former Mayor Sharpe James, Mr. Minor received 35 percent of the vote; Mr. Booker received 59 percent. Four months after the election, Paul J. Fishman, the United States attorney for New Jersey, drew a very different picture of Mr. Minor, announcing an indictment of him and two younger men. The charges stemmed from the arrest in 2007 of Abdul Williams, who was charged with illegal gun possession. Prosecutors said Mr. Williams, who had several prior convictions and could have faced a long sentence as a repeat offender, plotted to have Jamal Muhammad, a childhood friend with a cleaner record, confess to the crime. Mr. Minor took $3,500 in two payments from Mr. Williams in return for acting as Mr. Muhammad’s lawyer, escorting him to the Newark police and having him claim the gun was his, although Mr. Minor knew the claim was false. The indictment charges that Mr. Muhammad was paid $1,500, though investigators say he was promised much more. A grand jury discounted Mr. Muhammad’s confession and indicted Mr. Williams on the gun charge. In January 2010, as F.B.I. agents and federal prosecutors were investigating the case, Mr. Minor lied to them about his involvement and produced a bogus backdated retainer agreement in an effort to show that he had worked for Mr. Muhammad, not Mr. Williams. Mr. Muhammad, who was 32 when he was indicted, pleaded guilty to his role in the scheme in November. The case against Mr. Williams, who was 33, is pending. Mr. Minor joins a long line of local politicians with criminal records. Mr. James served a prison sentence on corruption charges. And both of the Essex County executives Mr. Minor served with, Thomas J. D’Alessio and James W. Treffinger, also went to prison.

CLICK HERE TO SEE THE FBI PRESS RELEASE

Shocker: $30 Million Fraud Involved Lawyer

2 charged in $30M insider trading scheme involving law firms
The New York Post - April 6, 2011

NEWARK, N.J. — Federal authorities have charged two men with running an insider trading scheme that netted more than $30 million with information stolen from law firms. Garrett Bauer is scheduled to appear in U.S. District Court in Newark, N.J., on Wednesday afternoon. Matthew Kluger will make his first appearance in federal court in Alexandria, Va. They’re accused of trading on inside information stolen from Wilson Sonsini Goodrich & Rosati, a law firm with offices in Washington, D.C., New York, San Francisco and Hong Kong. Authorities also allege the decades-long scheme used information stolen from prominent New York law firms Cravath Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom.

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Lawyer, Stock Broker Charged In $32 Million Insider Trading Scheme
CBS TV - April 6, 2011

NEWARK, N.J. (CBSNewYork/AP) — A former lawyer and stock trader were arrested Wednesday and charged with running an insider trading scheme straight out of the movie “Wall Street” that brought in so much money the suspects spoke at one point about burning $175,000 in cash to avoid detection. Garrett Bauer, of New York, and Matthew Kluger of Oakton, Va., face multiple counts of insider trading and obstruction in addition to single counts of conspiracy and money laundering. Authorities said the scheme netted more than $32 million in profit over the last five years. “Their ‘greed is good’ mentality eventually led to their criminal acts being exposed,” said Michael Ward, head of the FBI office in Newark, using the famous line spoken by Michael Douglas in Oliver Stone’s 1993 movie. Bauer was scheduled to appear in U.S. District Court in Newark on Wednesday afternoon, while Kluger was to appear in federal court in Alexandria, Va.

According to the criminal complaint, Kluger illegally took information on upcoming company mergers from his Washington, D.C., law firm, Wilson Sonsini Goodrich & Rosati, and passed it on to a middleman who has not been identified. U.S. Attorney Paul Fishman said he believes insider trading is “endemic in certain areas of the markets.” WCBS 880′s Levon Putney reports. The middleman would pass the information to Bauer, who would buy stock ahead of the mergers. Among the mergers were Adobe Systems’ acquisition of Omniture, Hewlett-Packard’s acquisition of 3Com and Oracle’s purchase of Sun Microsystems. The Oracle-Sun merger made the scheme more than $11 million in illicit profit, the complaint alleges. In a statement emailed Wednesday, the law firm said: “We were shocked to learn of the conduct the government has alleged a former employee committed against us and two other prominent law firms. We have provided our full support to the federal investigation and will continue to do so. In light of the pending actions by the U.S. Attorney’s Office and the SEC, we are not in a position to comment further.” Authorities allege the conspiracy dates back to the mid-1990s when Kluger worked for prominent New York law firms Cravath Swaine & Moore and Skadden, Arps, Slate, Meagher & Flom, though the substantive counts released Wednesday relate to activity when he worked for Wilson Sonsini. Spokespeople for Cravath and Skadden did not immediately return messages seeking comment Wednesday. Bauer and Kluger were able to escape detection by using prepaid, disposable cellphones and by not having direct contact before the stock purchases, according to Daniel Hawke, regional director of the Securities and Exchange Commission’s market abuse unit. During one phone conversation recorded by the unnamed coconspirator, Bauer allegedly tells the person to destroy $175,000 in cash because his fingerprints are on it. “You know what, if you feel better burn the money and I’ll give it back to you,” Bauer says. “Burn it?” the person asks. “I would burn it in a fire,” Bauer responds. It is not known whether the money actually was destroyed.

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State Police Seek Warrant to Arrest Judge

Police: Judge Breaking the Law
NBC Connecticut by Bob Connors - March 25, 2011

State Trooper wants Judge Corinne Klatt arrested.

State Police have applied for a warrant to arrest a Connecticut Superior Court Judge. Investigators want to file coercion and hindering a criminal investigation charges against Judge Corinne Klatt, according the Republican-American in Waterbury. Klatt presides in Bantam Superior Court. She has refused to sign an arrest warrant for a man in Salisbury accused of attacking another man who was communicating with his former girlfriend. The incident took place at the West Main Cafe in Salisbury. Klatt won't sign the warrant unless she also gets an arrest warrant application for the victim in the case, the paper reported. Salisbury Resident Trooper Mark Lauretano, who is investigating the original incident, says Klatt is breaking the law. "The fact that Judge Klatt is currently holding onto a valid arrest warrant for the accused and refusing to sign it until and unless she receives an arrest warrant for the victim is coercion and a violation of criminal law," Lauretano said in a statement. It is unclear why Klatt has declined to sign the arrest warrant.

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Warrant calls for arrest of judge

The Republican-American by Brigitte Ruthman - March 25, 2011
Trooper says she insisted he act illegally

SALISBURY, CT — State police have applied for a warrant to arrest a Superior Court judge for coercion and hindering a police investigation of an assault in Salisbury in November. Judge Corinne L. Klatt declined to comment in Litchfield's Bantam Court on Wednesday, or say why she declined to sign an arrest warrant application for a Salisbury man singled out by police as the assailant in a fight at the West Main Cafe. Salisbury Resident Trooper Mark Lauretano submitted the warrant for Klatt's arrest. "The fact that Judge Klatt is currently holding onto a valid arrest warrant for the accused and refusing to sign it until and unless she receives an arrest warrant for the victim is coercion and a violation of criminal law," Lauretano said in a statement.

"Penis Pump" Judge Arrested

Former Creek County Judge Convicted Of Indecent Exposure Arrested For Stalking
NewsOn6.com by Angela McClanahan - March 3, 2011

CREEK COUNTY, Oklahoma -- Former Creek County judge Donald Thompson was arrested again Thursday. This time, he's been booked for stalking his ex-girlfriend. Thompson is the former judge who got caught using a sexual device while on the bench. He was found guilty in 2006, sentenced to four years in prison, and served less than half of that. Since he's been out, he's been arrested at least three times. Thompson was booked into the Creek County jail Thursday afternoon. An affidavit says his face is beat up because he got caught peeping into his ex-girlfriend's bedroom window recently and her boyfriend beat him up. This new arrest happened because police say he was caught spying on her again. Angela McClanahan says she got a flat tire on the way to work Thursday and pulled over in a parking lot in Sapulpa. She called police, saying Thompson was watching her. Sure enough, police say when they arrived, Thompson was parked across the street, watching her through binoculars. This is not her first flat tire. She told officer's her tires have been slashed 23 times in the past two years. The affidavit says Thompson told them he saw her and the officers and just wanted to see what was going on, but they say his pants were unzipped and gaping open. McClanahan told officers Thompson has threatened to kill her in the past, if she called police. She told them, "he's going to end up killing me." "More than anything, she's extremely fearful for her well being," Major Jeff Gilliland, Sapulpa Police, said. "Everytime she turns around evidently, Mr. Thompson is standing there watching her." Records show she filed for a new protective order late Thursday in Creek County. She had filed one against him in 2009 in Tulsa County, but it was dismissed a month later when she didn't show up at court.

7/6/2009 Related Story: Protective Order Filed Against Donald Thompson. She filed one just a few months ago in December in Creek County, but it was dismissed when the judge said there wasn't evidence of an immediate threat. McClanahan had been subpoenaed to testify against Thompson at his indecent exposure trial, but refused to do so, which resulted in one count against him being dropped. Thompson has also been arrested for DUI and failing to pay his court fines since he got out of prison. Thompson bonded out of jail Thursday evening.

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Protective Order Dismissed Against Former Creek County Judge
NewsOn6.com by Angela McClanahan - March 22, 2011

CREEK COUNTY, Oklahoma -- A judge has dismissed a protective order against former Creek County judge Donald Thompson because his ex-girlfriend was a no-show in court. Angela McClanahan filed it the same day Thompson was arrested on suspicion of watching her through binoculars with his pants unzipped. She had told police Thompson stalks her and has threatened to kill her. The judge dismissed the protective order because she failed to show up in court.

Judges Hijack Cases, Take Power From Jurors

Judges Hijack Cases, Take Power From Jurors
The Connecticut Law Tribune by Norm Pattis - April 4, 2011

You might think they are contradictory, but I tell you the notions are wholly consistent. We can and should have an independent judiciary. We should also permit juries to nullify the law. The world would be a better place if we appointed judges for life, and set jurors loose. Ordinary citizens might feel that what they say and do in a courtroom matters. Instead, on the stateside at least, we have the worst of both worlds. We have judges with limited terms and jurors who are routinely lied to and then told to do justice. In the federal system, we do have lifetime judges, but the distrust of juries has led these judges often to become the third party in litigation. While the litigants slug it out, the judge represents justice. Or so the theory goes. I was startled the other day when a federal judge whom I otherwise respect and admire decided, after two years of litigation, that he did not fully understand the complaint. My adversary moved for judgment on the pleadings and had not seen the need to file a motion for a more definite statement. The case perked along through discovery. Suddenly, the judge decided he needed more facts pleaded. If that was not done by a certain time, he would dismiss the action. I view this judicial conduct as the rough equivalent of an umpire deciding that justice really does a fourth strike might be necessary for the last batter in a close game. So, without either side asking for such an accommodation, the rules get changed to suit the umpire. Both teams adjust as best they could. In the context of litigation, adjusting to sua sponte dictates of this type adds expense to the case. It may well benefit insurance defense counsel, who can whine and whinny to their claims adjuster about the unfairness of it all, but, hey, they get paid their hourly tribute. Folks working on a contingency fee get hammered. We’re asked to work gratis to satisfy the umpire. Somehow, I don’t think this is what the framers had in mind when they created a court system. Parties come to court seeking vindication and validation. They have stories to tell. They want those stories told, more often than not, to their peers. A jury trial is supposed to be a communal event, appealing to common norms and expectations. When we permit judges to hijack the proceedings, we deprive juries of the right to police the conduct of the parties. We sideline jurors and implicitly tell them that the business of justice belongs in the hand of the wise man in the robe. It’s too important for ordinary folk.

Several years ago, I read several law review articles about whether summary judgment on the civil side comported with the Seventh Amendment right to a jury trial in civil cases. The arguments struck me as outlandish, even bizarre. Summary judgment is a common tool. Indeed, most civil cases disappear in to the black holes of the judiciary. Judges speak of the vanishing trial while they kill it decision after decision. I am now less inclined to scoff at constitutional challenges to those rules and procedures that empower judges to end cases by judicial fiat. If there is less public respect for the judicial system than we might expect, might not part of the reason for that be that we are killing the judicial system, burying it beneath opaque and impenetrable paper? We have an evidence code. Let a judge decide what is and is not admissible. There are rules of procedure determining the order in which things should be done, and giving parties the right to discovery. These are all matters of law that must be decided by someone. Let the umpires call these procedural and evidentiary balls and strikes. But when it comes time to deciding facts, let juries decide. I say let them also decide whether the law as charged ought to be applicable. Let juries nullify a law they find unfair or unjustly applied. Expecting questions of ordinary justice to be resolved by legislators is simply naive. How many men and women suffer from the unjust application of a law is even noticed by lawmakers. An independent judiciary calling balls and strikes makes sense. So does letting litigants submit their cases, both facts and law, to a jury. Jury trials were once an important part of American life. We can make them so once again. • Norm Pattis is a criminal defense lawyer and civil rights attorney in Bethany. Most days he blogs at www.pattisblog.com.