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Judicial Compensation-NY


 click here for:  August 29, 2011 Report of the Commission on Judicial Compensation
               
click here for:

EXECUTIVE SUMMARY to CJA's October 27, 2011 OPPOSITION REPORT

                                                              


click here for:
CJA's OCTOBER 27, 2011 OPPOSITION REPORT
TO THE COMMISSION ON JUDICIAL COMPENSATION'S AUGUST 29, 2011 "FINAL" REPORT

Addressed to  Governor Cuomo, Temporary Senate President Skelos,
Assembly Speaker Silver, & Chief Judge Lippman

 

COMPENDIUM OF EXHIBITS  -- Volume 1

 

Exhibit A-1:      CJA’s May 23, 2011 letter to Governor Cuomo, Temporary
 
                      Senate President Skelos, Assembly Speaker Silver, Chief
                     
 Judge Lippman

“RE:  (1)  NYS’s Commission on Judicial Compensation – Inoperative & Inaccessible to the Public;

          (2)  Evidence Disentitling NYS’s Judiciary to Increased Compensation, Presented and Proffered by the Public at the NYS Senate Judiciary Committee’s June 8, 2009 and September 24, 2009 Public Hearings – as to which There Has Been No Investigation, No Findings, and No Committee Report

 

Exhibit A-2:      CJA’s May 23, 2011 transmittal letter to Commissioners Fiske,
                       Wylde,
Tallon, Mulholland, Senate Minority Leader Sampson,
                       Senate Judiciary Committee Chairman Bonacic, Ranking
                       Member Hassell-Thompson, 21 Other Senate Judiciary
                       Committee Members, etc.

“RE:  (1)  NYS’s Commission on Judicial Compensation – Inoperative & Inaccessible to the Public;

          (2)  Evidence Disentitling NYS’s Judiciary to Increased Compensation, Presented and Proffered by the Public at the NYS Senate Judiciary Committee’s June 8, 2009 and September 24, 2009 Public Hearings – as to which There Has Been No Investigation, No Findings, and No Committee Report

 

 

  

Exhibit B-1:  CJA's June 28, 2011 letter to ChairmanThompson & Commissioners Cotton, Mulrow

“RE:  (1)  Bringing Public Accessibility, Input, and Accountability to the Judicial Compensation Commission – Facilitated by the Open Meetings Law & Executive Order #3;

          (2)  Chairman Thompson’s Disqualifying Conflict of Interest, Requiring his Resignation”           

Exhibit B-2:      CJA’s June 23, 2011 transmittal letter to Commissioners Fiske,
                                   Wylde,
Tallon, Mulholland, Governor Cuomo, Temporary
                                   Senate President Skelos, Assembly Speaker Silver, Chief
                                   Judge Lippman, etc.

                                         “RE:  (1)  Bringing Public Accessibility, Input, and Accountability
                                         to the Judicial Compensation Commission – Facilitated by the
                                         Open Meetings Law & Executive Order #3;
                                                 (2)  Chairman Thompson’s Disqualifying Conflict of Interest,
                                         Requiring his Resignation” 

Exhibit C-1:      CJA’s June 28, 2011 e-mail to Commissioners

“Subject: Is NY’s Judicial Compensation Commission Violating the Open Meetings Law & its Video Broadcast Obligations under Executive Order #3”

 

Exhibit C-2:      CJA’s June 30, 2011 letter to Commissioners

“RE: AGAIN – Is NY’s Judicial Compensation Commission Violating the Open Meetings Law & its Video Broadcast Obligations under Executive Order #3?”

 

Exhibit C-3:      CJA’s June 30, 2011 transmittal letter to Governor Cuomo, Temporary Senate President Skelos, Assembly Speaker Silver, Chief Judge Lippman, etc.

“RE: AGAIN – Is NY’s Judicial Compensation Commission Violating the Open Meetings Law & its Video Broadcast Obligations under Executive Order #3?” 

 

Exhibit D-1     CJA’s July 12, 2011 e-mail to the Commissioners

“Subject: Request to Testify at the July 20, 2011 Public Hearing & Other Requests on Behalf of the Public”

 

Exhibit D-2      CJA’s July 13, 2011 e-mail to the Commissioners

“Subject:  FOIL Obligations of the Judicial Compensation Commission”

 

Exhibit D-3:      Chairman Thompson’s July 19, 2011 FOIL
                       acknowledgment

 

Exhibit D-4     CJA’s July 21, 2011 letter to the Commissioners

“RE:  The Present Uselessness of the Commission’s Website

 

Exhibit D-5:      Chairman Thompson’s August 16, 2011 FOIL response  

 

Exhibit E-1:       CJA’s July 19, 2011 letter to Attorney General Eric Schneiderman

“RE:    (1)  Vindicating the Public’s Rights against Judicial Fraud:  The Court of Appeals’ February 23, 2010 Decision Underlying BOTH the Creation of the Commission on Judicial Compensation & the Perpetuation of the Judicial Compensation Lawsuits;

(2)   FOIL & Project Sunlight Requests: Posting of the Record of the Judicial Compensation Lawsuits on the Attorney General’s Website – &/or Providing the Record to the Center for Judicial Accountability for Posting on its Website”

 

Exhibit E-2:      July 26, 2011 letter from Attorney General Schneiderman’s Records Access Officer – FOIL Request #110450

 

Exhibit E-3:      August 24, 2011 letter from Attorney General Schneiderman’s Records Access Officer – FOIL Request #110450

 

Exhibit E-4:      September 26, 2011 letter from Attorney General Schneiderman’s Records Access Officer – FOIL Request #110450 

 

Exhibit F-1:     Furnished at July 20, 2011 hearing:  CJA’s handout to Commissioners 

NO PAY RAISES FOR NYS JUDGES WHO CORRUPT JUSTICE – THE MONEY BELONGS TO THE VICTIMS!”

 

Exhibit F-2:     Furnished at July 20, 2011 hearing:  CJA’s draft testimony for Senate Judiciary Committee’s aborted December 16, 2009 hearing on the Commission on Judicial Conduct & court-controlled attorney discipline system

 

Exhibit F-3:      Furnished at July 20, 2011 hearing:  Elena Sassower’s testimony for the Senate Judiciary Committee’s March 6, 2007 hearing, in opposition to confirmation of Chief Judge Judith Kaye to the New York Court of Appeals

 

Exhibit F-4:      Furnished at July 20, 2011 hearing:  Doris L. Sassower’s testimony for the Senate Judiciary Committee’s March 6, 2007 hearing, in opposition to confirmation of Chief Judge Judith Kaye to the New York Court of Appeals

 

Exhibit F-5:       Submission of Catherine Wilson: July 12, 2011 e-mail

“Subject:  OCA has been giving judges raises all along via other methods – double-dipping of pensions, increases in expense reimbursements, payments for committee memberships, extra pay for serving in other courts, elimination of contribution for benefits”

 

Exhibit G       CJA’s August 1, 2011 letter to Commissioner Wylde & Other Commissioners, New York Law Journal, Bar Leaders Testifying at July 20, 2011 Hearing 

“RE:  Ensuring that the Commission on Judicial Compensation’s Recommendations and Report are Based on Evidence: The Absence of Evidence that Judicial Compensation has Deterred Qualified Private Sector Lawyers from Becoming Judges”

Enclosure:
(1) August 1, 2011 letter to NYC Bar Association
       -- commentary by Stephen Kruger, Esq., from CJA's files
       -- CJA’s July 26, 2011 letter to bar leaders  

 

Exhibit H:      CJA’s August 5, 2011 letter to New York Times Reporter William Glaberson  “RE: Setting the Record Straight: Ensuring that the Public & New York’s Judicial Compensation Commission are Not Misled by New York Times’ Reporting & Editorializing about ‘Judicial Attrition’ and the Purportedly Insufficient Pay of New York State Judges”

Enclosures:

(1) CJA’s June 6, 2011 FOIL request

(2)   OCA’s July 22, 2011 response

(3)   CJA’s June 13, 2011 e-mail,
           with June 10, 2011 FOIL request

(4)   ABAJournal.com – “What America’s Lawyers Earn” – NY’s 62 Counties 

 

COMPENDIUM OF EXHIBITS -- Volume 2

 

Exhibit I:           CJA’s August 8, 2011 letter to Commissioners 

“RE: Threshold Issues Barring Commission Consideration of Pay Raises for Judges: (1) Chairman Thompson’s Disqualification for Interest, as to which there has been No Determination; (2) Systemic Corruption in New York’s Judiciary, Embracing the Commission on Judicial Conduct, as to which the has been No Determination; (3) The Fraud & Lack of Evidence Put Forward by Advocates of Judicial Pay Raises”

Enclosures

(1)               Transcription of Elena Sassower’s July 20, 2011 testimony before the Commission on Judicial Compensation
 

(2)               Comptroller Ed Reagan’s 1989 report   "COMMISSION ON JUDICIAL CONDUCT -- NOT ACCOUNTABLE TO THE PUBLIC: RESOLVING CHARGES AGAINST JUDGES IS CLOAKED IN SECRECY"  , with his press release, "COMMISSION ON JUDICIAL CONDUCT NEEDS OVERSIGHT"  (December 7, 1989)
 

(3)               Transcription of Elena Sassower’s questions at December 11, 2002 forum on Commission on Judicial Conduct, co-sponsored by NYS Bar Association & Fund for Modern Courts

 

Exhibit J-1:       CJA’s August 17, 2011 letter to Commissioners

“RE: Protecting the People of this State from Fraud:  The Commission on Judicial Compensation’s Duty to Identify the Case Presented by Opponents of ANY Judicial Pay Raises & to Make Findings with Respect Thereto, in Discharge of its Statutory Responsibilities

Enclosure:  (1) CJA’s August 16, 2011 letter to NYC Corporation Counsel Michael Cardozo & Mayor’s Advisory Committee on the Judiciary Chairman Zachary Carter

 

Exhibit J-2         CJA’s August 17, 2011 letter to Advocates of Judicial Pay Raises

“RE: Protecting the People of this State from Fraud:  The Commission on Judicial Compensation’s Duty to Identify the Case Presented by Opponents of ANY Judicial Pay Raises & to Make Findings with Respect Thereto, in Discharge of its Statutory Responsibilities

 

Exhibit J-3:       August 17, 2011 e-mail transmittal to NYC Corporation Counsel Michael Cardozo, Mayor’s Advisory Committee Chairman Zachary Carter; Bar Leaders Testifying at the July 20, 2011 hearing, Victor Kovner/Chairman, Fund for Modern Courts; Brennan Center for Justice: Michael Waldman/Executive Director; J. Adam Skaggs/Senior Counsel, Democracy Program

“Subject: Protecting the People of this State from Fraud:  The Commission on Judicial Compensation’s Duty…in Discharge of its Statutory Responsibilities”

 

Exhibit J-4:        August 19, 2011 e-mail transmittal to Chief Administrative Judge Ann Pfau, Former Chief Judge Judith Kaye, Coalition of NYS Judicial Associations’ Organizers Judges W. Dennis Duggan & Daniel Turbow; Joseph L. Forstadt, Esq./Counsel-Associations of Supreme Court Justices; Former Appellate Division, Second Department Justice Robert Spolzino

“Subject: Protecting the People of this State from Fraud:  The Commission on Judicial Compensation’s Duty…in Discharge of its Statutory Responsibilities”

 

Exhibit J-5:       August 22, 2011 e-mail transmittal to Martin Cirincione/Deputy Director/NY Prosecutors Training Institute, Inc.; Dorchen Leidholdt/Director-Center for Battered Women’s Legal Services/Sanctuary for Families; Catherine Cerulli/Associate Professor-University of Rochester School of Medicine

“Subject: Protecting the People of this State from Fraud:  The Commission on Judicial Compensation’s Duty…in Discharge of its Statutory Responsibilities”

 

Exhibit J-6:       CJA’s August 19, 2011 letter to Denis M. Hughes, President/New York State AFL-CIO

“RE: Request for a Meeting & Reconsideration by the New York State AFL-CIO of its Support for Judicial Pay Raises”

 

Exhibit J-7:       CJA’s August 22, 2011 letter to New York State League of Women Voters & Citizens Union of New York City

“RE: Request for a Meeting & Withdrawal of Support for Judicial Pay Raises”  

 

Exhibit K-1:      CJA’s August 23, 2011 letter to Chief Administrative Judge Ann Pfau

“RE:  Ensuring that the Commission on Judicial Compensation is Not Led into Constitutional Error:  Clarification of the Office of Court Administration’s ‘Memorandum discussing constitutional considerations in establishing judicial pay levels’ – and the Substantiating Evidence”

Enclosures:
 

(1)   OCA “Memorandum discussing constitutional considerations in establishing judicial pay levels”
 

(2)   CJA’s June 14, 2011 letter to Chief Administrative Judge Pfau
 Attachments:

(1)  Chief Administrative Judge Pfau’s December 7, 2007 and September 23, 2008 Administrative Orders 

(2)  "Introduction” and “Questions Presented” from appellant’s three appeal briefs

(3)  March 16, 2011 letter to Appellate Division Justices Skelos, Eng, Hall, & Lott

(4)  May 23, 2011 letter to Governor Cuomo, Temporary Senate 

 President Skelos, Assembly Speaker Silver, Chief Judge Lippman

 

Exhibit K-2:      August 25, 2011 acknowledgment letter from OCA Counsel John McConnell 

 

Exhibit L:          CJA’s August 26, 2011 letter to Chief Administrative Judge Ann Pfau

“RE:   PART 2 – Ensuring that the Commission on Judicial Compensation is Not Led into Constitutional Error:  Clarification of the Office of Court Administration’s ‘Memorandum discussing constitutional considerations in establishing judicial pay levels’ – and the Substantiating Evidence”

Enclosure:     

   ABAJournal.com – “What America’s Lawyers Earn” –

                             NY’s 62 Counties 

 

Exhibit M:         CJA’s September 2, 2011 letter to Commission

“RE:  Not Accessible to the Public: (1) The Videos of the Commission’s Hearing and Meetings; (2) the  Commission’s ‘Final Report’; and (3) ‘All of the comments and submissions’ Received by the Commission, Including CJA’s August 17, 2011 Letter Entitled ‘Protecting the People of this State From Fraud…”

 

TWO FINAL MOTIONS BEFORE THE NY COURT OF APPEALS
IN CJA's 2nd PUBLIC INTEREST LAWSUIT vs COMMISSION ON JUDICIAL CONDUCT
 
(handed up to Commission on Judicial Compensation at its July 20, 2011 hearing)

         OCTOBER 15, 2002 MOTION FOR REARGUMENT, VACATUR FOR FRAUD, LACK OF JURISDICTION, DISCLOSURE & OTHER RELIEF

Exhibit A:  CJA's October 7, 2002 letter to Chief Motion Clerk
Exhibit B-1: Court of Appeals' September 12, 2002 decision/order (#581)

Exhibit B-2: CJA's May 1, 2002 notice of motion for disqualification/disclosure
                     & pp. 1-8 of moving affidavit

Exhibit C-1: Court of Appeals' September 12, 2002 decision/order (#719)

Exhibit C-2: CJA's May 1, 2002 notice of appeal

Exhibit C-3: CJA's June 17, 2002 notice of motion for sanctions, etc. vs. Attorney General

Exhibit D: NYS Association of Criminal Defense Lawyers v. Kaye, 95 NY2d 556 (2000)
Exhibit E-1: Court of Appeals' decision/order in Schulz v. NYS Legislature (Mo.# 1075)

Exhibit E-2 Schulz v. NYS Legislature, 92 NY2d 917 (1998)

Exhibit F-1: Sims v. NYS Commission on Judicial Conduct, 62 NY2d 884 (1984)

Exhibit F-2: NY Criminal and Civil Bar Association v. NY, 46 NY2d 730 (1978)

Exhibit G: Robert Schulz' August 17, 1998 disqualification motion in Schulz v. NYS Legislature

OCTOBER 24, 2002 MOTION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS
 

Exhibit A-1: Appellate Division's December 18, 2001 decision/order

Exhibit A-2: Appellate Division's March 26, 2002 order

Exhibit B-1: Ct of Appeals' September 12, 2002 decision/order on disqualification (#581) 
Exhibit B-2: Ct of Appeals' September 12, 2002 decision/order on notice of appeal and sanctions (#719) 

Exhibit C: Justice Wetzel's January 31, 2000 decision/order
Exhibit D: Justice Cahn's July 13, 1995 decision/order in Doris L. Sassower v. Commission
Exhibit E: Justice Lehner's September 30, 1999 decision/order in Mantell v. Commission
Exhibit F:  Appellate Division's November 16, 2000 decision/order in Mantell v. Commission
Exhibit G: CJA's March 3, 2000 letter to Chief Judge Kaye, with inventory of transmitted record
Exhibit H:  3-page analysis of Cahn's July 13, 1995 decision in Doris Sassower v. Commission
Exhibit I:  13-page analysis of Justice Lehner's September 30, 1999 decision in Mantell v. Commission
Exhibit J:  March 27, 2000 letter of Counsel, Unified Court System
Exhibit K: 1-page analysis of Appellate Division's December 16, 2000 decision in Mantell v. Commission
Exhibit L-1: 19-page analysis of Appellate Division's December 18, 2001 decision (1/7/02 notice-complaint)
Exhibit L-2: Commission's February 27, 2002 acknowledgment letter
Exhibit M-1: "I rise in defense of state courts", Chief Judge Kaye, Daily News, 1/17/02
Exhibit M-2: "State judicial system is accountable to public", Judge Kaye, Albany Times Union, 2/10/02


 

----------------------------------

The Press in Action -- A Chronicle of Superficiality, Bias, & Journalistic Fraud
          --     New York Law Journal coverage prior to CJA's May 23, 2011 letter
          --    
New York Times coverage prior to CJA's May 23, 2011 letter
         
--     coverage by other press prior to CJA's June 13, 2011 letter
          --     press response to CJA's October 27, 2011 Opposition Report

 

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