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THE DYSFUNCTION & CORRUPTION OF NEW YORK STATE LEGISLATURE:

Professor Eric Lane/Hofstra University School of Law --
Eric J. Schmertz Distinguished Professor of Public Law and Public Service;
Senior Fellow/Brennan Center for Justice & NYU School of Law: 
"Albany's Travesty of Democracy" -- City Journal 1997

"Lasting change will come about in Albany only when reform becomes a standard election issue, like taxes, criminal justice, and the schools. Voters will have to press candidates on their willingness to turn the Legislature into a true representative body. Editorial boards and interest groups will have to stake their endorsements on a commitment to openness and deliberation. Today, legislators' complicity in the Albany system costs them nothing. Tomorrow, it should cost them their jobs."

Reports of the Brennan Center for Justice (at NYU)

http://www.brennancenter.org/content/resource/still_broken_new_york_state_legislative_reform_2008_update/­

         NYPIRG -- analysis of 2014 legislative session

 

 

"The Ultimate Injustice: When the Court Misstates the Facts"
Anthony D'Amato, 11 Cardozo Law Review, 1313   (1990)


"The Judge's Role in the Enforcement of Ethics -- Fear and Learning in the Profession"
John M. Levy, Santa Clara Law Review: Vol. 22 (1982)

"Keeping Up Appearances: A Process-Oriented Approach to Judicial Recusal"
Amanda Frost, 53 Kansas Law Review 531  (2005)

"Legal Autopsies: Assessing the Performance of Judges and Lawyers Through the Window of Leading Contract Cases"
Gerald Caplan, 73 Albany Law Review 1 (2009)

"
Putting the Mice in Charge of the Cheese: Why Federal Judges Cannot Always Be Trusted to Police Themselves
and What Congress Can Do About It
"
Lara A. Bazelon, 97 Kentucky Law Journal 439

"Recusal and Recompense: Amending New York Recusal Law in Light of the Judicial Pay Raise Controversy"
Jeffrey Fuit, 57 Buffalo Law Review 1597

 ***************************************************************************************************


A single decision or judicial action, correct or not, which is established to have been based on improper motives and not upon a desire to do justice or to properly perform the duties of his office, will justify a removal…” italics added by the Appellate Division, First Department in Matter of Capshaw, 258 A.D. 470, 485 (1st Dept 1940), quoting from Matter of Droege, 129 A.D. 866 (1st Dept. 1909)

Matter of Bolte, 97 A.D. 551 (1st Dept. 1904):

“A judicial officer may not be removed for merely making an erroneous decision or ruling, but he may be removed for willfully making a wrong decision or an erroneous ruling, or for a reckless exercise of his judicial functions without regard to the rights of litigants, or for manifesting friendship or favoritism toward one party or his attorney to the prejudice of another…” (at 568, emphasis in the original).

“Favoritism in the performance of judicial duties constitutes corruption as disastrous in its consequence as if the judicial officer received and was moved by a bribe.”  (at 574).

 ***************************************************************************************************
 

House Judiciary Committee -- Republican Majority Office

House Judiciary Committee -- Democratic Minority Office

House Judiciary Committee:  Impeachment Materials:  US District Court Judges Porteus & Kent
 

House Judiciary Committee: 2010 Estimate


 
***************************************************************************************************
FEDERAL JUDICIAL PAY RAISE

                                                 
SEE
CJA's May 13, 2008 Memo to Leaders of Congress
                    
Judicial Discipline-Federal

Senate Judiciary Committee Hearing, "Judicial Security and Independence", February 14, 2007

House Judiciary Committee Hearing, "Federal Judicial Compensation", April 19, 2007

Building Honest Scholarship: 
Evidence-Based Refutations to Increasing Federal Judicial Pay


Professor Scott Baker: 

                      "
A raise that's hard to justify", January 4, 2008, Op-Ed, Los Angeles Times

"Should We Pay Federal Circuit Judges More?", Boston University Law Review, 2008


Michael J. Frank:  "Judge Not, Lest Ye Be Judged Unworthy of a Pay Raise: An Examination of the Federal Judicial Salary 'Crisis'", Marquette Law Review (2003)

"Judicial Pay: A Chasm Far Worse than Realized, and Worsening", Roy A. Schotland, 82 Ind. L.J. 1273-1283   (2007)

"Salary Erosion and Federal Judicial Resignation", Scott Duke Kominers, (2008)



Congressional Research Report for Congress, "Judicial Salary: Current Issues and Options for Congress", updated January 10, 2008, Kevin M. Scott, Analyst on the Federal Judiciary, Government & Finance Division


 
*******************************************************************************************************************

FEDERAL JUDICIAL SELECTION/CONFIRMATION

"ASSEMBLY-LINE APPROVAL:  A Common Cause Study of Senate Confirmation of Federal Judges"  (January 1986) 

SEE: CJA's advocacy based thereon, including:

CJA's August 14, 1996 fax to Common Cause Lobbyist/Vice President Ed Davis
   -- enclosing
CJA's August 13, 1996 letter to Nan Aron/Alliance for Justice

CJA's August 19, 1996 letter to Ed Davis -- "RE: Coalition for non-partisan reform"
   -- enclosing
CJA's June 28, 1996 letter to Senate Judiciary Committee Chairman Hatch
   -- enclosing
CJA's 1992 Critique & Compendium of Exhibits & 3 Correspondence Compendia

CJA's July 10, 2001 letter to Ed Davis -- "RE: Coalition-Building and Collaboration on the non-partisan issues of ensuring the integrity of the processes of federal judicial selection and discipline"
     -- mailing
CJA's July 3, 2001 letter to Senator Schumer & transmittal letters to recipients

CJA's July 17, 2001 letter to Ed Davis

CJA's June 16, 2003 memo -- "RE: Championing Basic Citizen Rights -- and the Vital Importance of Citizen Participation in Federal Judicial Selection"
        SEE: Paper Trail to Jail in "Disruption of Congress" case

CJA's September 10, 2003 memo
     -- enclosing
CJA's September 10, 2003 letter to Constitution Project-Courts Initiative
    


*******************************************************************************************************************

NEW YORK STATE JUDICIAL DISCIPLINE

     

"NOT ACCOUNTABLE TO THE PUBLIC", Report of the New York State Comptroller, Edward Regan, 1989   -- with his press release, "COMMISSION ON JUDICIAL CONDUCT NEEDS OVERSIGHT"  (December 7, 1989)
                                       
** FOIL correspondence pertaining to Comptroller's Report  **

              
CJA's advocacy based on Comptroller's Report, including:
 

CJA's December 11, 2002 public comments and questions at the forum sponsored by the New York State Bar Association & the Fund for Modern Courts, entitled, "Judging the Judges: The New York State Commission on Judicial Conduct"
                                           TEST CASES - State (Commission)


CJA's March 5, 2003 memo to NYS Senate and Assembly Judiciary Committee leaders

*  *   *

"...one of the obvious reasons for establishing a permanent Commission on Judicial Conduct is to elevate judicial performance by insuring tht the practices in the various courts comply with the high standards required of judicial officers." , Sardino v. State Commission on Judicial Conduct, 58 NY2d 286 (1983)

:"'the purpose of judicial disciplinary proceedings is 'not punishment but the imposition of sanctions where necessary to safeguard the Bench from unfit incumbents'" (Matter of Reeves 63 NY2d 105, 111,[] quoting Matter of Waltemade, 37 NY2d [a], [111]).", Matter of Esworthy, 77 NY2d 280, 283 (1991)


 ***********************************************************************************************************************************

NEW YORK STATE JUDICIAL APPOINTMENTS

"Report on the Continued Use of the Temporary Judicial Screening Committee", Association of the Bar of the City of New York:  Council on Judicial Administration, February 7, 1997

SEE: CJA's advocacy based thereon, including:

CJA's responding March 7, 1997 letter to City Bar President Michael Cardozo -- "RE: Supplement to City Bar's February 7, 1997 Report"
  
   Ex. A-1: "On Choosing Judges, Pataki Creates Problems", CJA's letter to editor, NYT, 11/16/96
      Ex. A-2: "A Call for Concerted Action", CJA's $1,648 paid ad, NYLJ, 11/20/96
      Ex. B: CJA's June 11, 1996 letter to NYS Senators
      Ex. C: CJA's June 12, 1996 letter to Michael Finnegan
      Ex. D: City Bar program, "How to Become a Judge", 12/7/96
      Ex. E-1: NYLJ item, 3/4/97
      Ex. E-2: "Pataki Names Panels For Judicial Screening", NYLJ, 3/6/97
      Ex. F: CJA's February 10, 1997 letter to Alan Rothstein, City Bar Counsel
      Ex. G: CJA's August 22, 1995 letter to John Feerick, Chairman/Fund for Modern Courts
      Ex. H: CJA's May 6, 1996 letter to James McGuire
      Ex. I-1: "Lawyers' Attacks on Judges Risk Censure", by Cardozo, National Law Journal, 8/26/96
      Ex. I-2: City Bar program, "POLITICIANS ON JUDGES: Fair Criticism or Intimidation?", 10/7/96

CJA's June 2, 1997 letter to Governor Pataki  -- "RE: The public's right to basic information and your unworthy appointment of Justice Nicholas Colabella to the Appellate Division, First Department"  
 
   (indicated copies to all members of Gov's judicial screening committees, NY bar associations, Fund for Modern
    Courts, Common Cause, NYPIRG, Citizens Union, Gannett, NYLJ, NYT
)
      Ex. A-1: Gov's press release announcing members of state judicial screening committee & 3 jud. appointments
      Ex. A-2: "Colabella to Appellate Division", NYLJ, 5/15/97
      Ex. B: Executive Order #11: Temporary Judicial Screening Committee
      Ex. C: Executive Order #10: Judicial Screening Committees
      Ex. D: "On Choosing Judges, Pataki Creates Problems", CJA's letter to editor, NYT, 11/16/96
      Ex. E: "Pataki Names Panels for Judicial Screening", NYLJ, 3/6/97
      Ex. F: Gov's classified ads of judicial vacancies
      Ex. G: City Bar's Uniform Judicial Questionnaire
      Ex. H: 3/24/92 front-page correction in NYLJ, with Doris Sassower's letter to the editor
      Ex. I-1: "Where Do You Go When Judges Break the Law?", CJA's $16,770 op-ed ad, NYT, 10/26/94
      Ex. I-2: Doris Sassower's Director's Biography
      Ex J-1: "Appellate Selection Process Stirs Concern", NYLJ, 12/10/96
      Ex. J-2: 12/16/96 item, NYLJ
      Ex. K: NY Judge Reviews (1997-8 edition)

CJA's June 12, 1997 memo to indicated recipients of CJA's June 2, 1997 letter to Governor Pataki  -- "RE: Ensuring the public's right to basic information about the Governor's judicial appointments process and protecting it from unfit appointees"  

 
     

"Report on Nomination and Confirmation of Court of Claims Judges"
,
Association of the Bar of the City of New York: Council on Judicial Administration, December 1996  

SEE: CJA's advocacy based thereon, including:

 CJA's December 16, 2002 letter to NYS Senate Majority Leader Joseph Bruno, Senate Minority Leader Martin Connor, & Senate Minority Leader-Elect David Paterson      INVENTORY OF SUBSTANTIATING DOCUMENTS    
                -- CJA's December 19, 2001 informational/FOIL request on judicial confirmations

 

 

"The Frustration Of Family Court", March 24, 2000, New York Law Journal, letter to the editor by Gerry M. Wendrovsky, Esq.

 

 

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