CJA's ADVOCACY GIVES RISE TO
SENATOR JOHN SAMPSON's
2009 SENATE JUDICIARY COMMITTEE HEARINGS
ON THE COMMISSION ON JUDICIAL CONDUCT & COURT-CONTROLLED ATTORNEY DISCIPLINARY SYSTEM
Transcript of Senator John Sampson's January 27, 2009 Senate Judiciary Committee hearing on "merit
selection" to the NY Court of Appeals (pp. 88-89)
pp. 88-89
Elena Sassower:
“ … you need to be sure that the regulatory bodies, the
Commission on Judicial Conduct, the attorney disciplinary committees are
functioning, because they are one of the first stops of the Commission on
Judicial Nomination in securing information about candidates. And they are
useless. They are worthless and they are corrupt. And there needs to be
hearings and investigations of those bodies . ”
Click here for:
Illustrative prior CJA advocacy
for hearings & investigation of Commission on Judicial Conduct
click
here for: VIDEO of
CJA's
testimony before Senator John Sampson on June 5, 2009 (in two separate parts :
at 00-18:27 & at 42:05-51:51) at the Senate Judiciary Committee's continued
hearing on "merit selection")
click here fo r:
CJA's
draft statement prepared for Senate Judiciary Committee's aborted 3rd hearing
on the Commission on Judicial Conduct & court-controlled attorney disciplinary
system -- December 16, 2009
* * *
HEARING #1:
VIDEOTAPE of Senate Judiciary Committee's
June 8, 2009 Hearing -- Albany, New York
Parts 1 & 2
Opening Statement by Senate Judiciary Committee Chairman John Sampson
video at 0:0:0 - 0:4:54
Senate Judiciary Committee's witness list
Witnesses at June 8, 2009
hearing:
1st Dept. Disciplinary Committee member MARTIN R. GOLD , -- video
at 0:6:29 - 0:31:47
with 1st Dept. Disciplinary
Committee Chief Counsel ALAN FRIEDBERG
CHRISTINE C. ANDERSON, Esq. -- video at 0:31:51 - 0:46:52
KEVIN McKEOWN -- video at 0:46:54 -1:03:11
Commission on Judicial Conduct Chairman THOMAS A. KLONICK , -- video at 1:03:11 -
1:06:00
with Commission
Administrator & Counsel ROBERT H. TEMBECKJIAN -video at 1:06:02 - 1:20:47
JUSTICE DUANE A. HART -- video at 1:20:48 -1:38:32
PAMELA CARVEL -- video at 1:38:40 - 1:50:48
PAUL H. ALTMAN -- video at 1:50:50 - 2:03:07
LUISA C. ESPOSITO -- video at 2:03:10 - 2:11:20
WILLIAM GALISON -- video at 2:11:59 - 2:26:20
ELEANOR CAPOGROSSO, Esq. -- video at 2:26:22 - 2:41:29
Former NYS Bar Association President ROBERT OSTERTAG -- video at 2:41:33 -
2:52:20
JOHN A. ARETAKIS, Esq. -- video at 2:52:21 - 3:04:12
MICHAEL KELLY -- video at 0:0 - 0:2:43
KATHRYN
GRACE JORDAN/End Discrimination Now -- video at 0:2:45 - 0:10:02
JAMES A. MONTAGNINO, Esq. -- video at 0:10:07 - 0:22:22
RUTH M. POLLACK, Esq. -- video at 0:23:02 - 0:36:23
KEVIN PATRICK BRADY -- video at 0:36:52 - 0:40:30
CARL LANZISERA/Americans for Legal Reform -- video at 0:40:35 - 0:47:35
PRESS COVERAGE:
New York Law Journal:
May 21, 2009 "Judiciary Committee to Hold Hearings on Disciplinary
Bodies ", p. 1, Joel Stashenko
June 9, 2009: "Grievances Against Lawyer, Judge Discipline Panels Aired
at Capital ", p. 1, Joel Stashenko
HEARING #2:
VIDEOTAPE of Senate Judiciary Committee's September 24, 2009 Hearing
-- Manhattan, New York
Opening Statement by Senate Judiciary Committee Chairman John
Sampson
video at 0:0:0 - 0:2:53
Opening Statement by Senate Judiciary Committee Member Eric Adams
video at 0:2:54 - 0:3:32; his proposal of Task Force (at 0:34:44 --):
"...This is extensive...
...the best way to resolve inefficiencies and corruption in government
is to allow the people who are personally touched by the matter to empower us
with information.
So I am going to ask the Chair if he would put in place a Task Force that will
be comprised of individuals
like yourself and victims to assist us in navigating how this problem is being
hidden from public view..."
assented to by Chairman Sampson (at 0:47:23 - 0:47:45)
Senate Judiciary Committee's witness list
Witnesses at
September 24, 2009 hearing:
RICHARD KUSE , video at 0:3:36 -
0:19:27; 0:47:49 - 0:48:14
with
CATHERINE WILSON , video at 0:19:15 - 0:47:48 AND 1:53:56 - 1:58:17
ANDREA
WILKINSON -- video at 1:03:52 -1:25:08
VICTOR KOVNER, Chairman/Fund for Modern Courts -- video at 1:25:09 -1:33:53
MARIA GKANIOS -- video at 1:34:00 - 1:59:59
REGINA
FELTON, Esq. -- at 2:00:01 - 2:27:09
DOUGLAS HIBGEE -- video at 2:27:10 - 2:35:31
CATHERINE MALARKEY -- video at 2:35:48 - 22:38:58
NORA
DREW RENZULLI, Esq. -- video at 2:39:02 - 2:47:30
STEPHANIE KLEIN -- video at 2:49:20 - 3:06:48
IKE ARUTI, Esq. -- video at 3:06:51 - 3:22:58
TERENCE FINNAN -- video at 3:22:59 -3:27:57
GIZELLA WEISSHAUS -- video at 3:28:50 - 3:37:51
ELIOT BERNSTEIN --
video at 3:38:20 - 4:01:16
SUZANNE
McCORMICK -- video at 4:01:45 - 4:16:17
with PAT HANLEY
PRESS COVERAGE:
New York Law Journal: September 25, 2009: "Public Airs Concerns on Disciplinary Procedures "
HEARING #3:
CANCELLED & NOT RESCHEDULED:
December 16, 2009 -- Manhattan,
New York
Senate Judiciary Committee's hearing notice
for December 16, 2009 hearing
Senate Judiciary Committee's CANCELLATION NOTE: "PUBLIC HEARING TO BE RESCHEDULED"
Click here for :
draft of CJA's written
statement & substantiating documentary evidence for presentation at the Senate
Judiciary Committee's postponed & never rescheduled December 16, 2009 hearing
* * *
TO DATE:
NO INVESTIGATION OF
WITNESSES' TESTIMONY & DOCUMENTATION --
NO TASK FORCE OR SPECIAL PROSECUTOR
NO FINDINGS, NO COMMITTEE REPORT
ACTION AGENDA 2011: secure continued hearings,
investigation, & findings as to witness testimony & documents --
CJA's February 21, 2011 memo to New York
Times reporter William Glaberson -- "RE: PROPOSAL FOR COVERAGE :
The public’s 'views' of the NYS Commission on Judicial Conduct, expressed at the
NYS Senate Judiciary Committee hearings in 2009 – as to which neither the Senate
Judiciary Committee, bar associations, nor advocacy organizations favored by
The Times have rendered ANY report or made ANY findings"
CJA's February 21, 2011 memo to New York Times Editorial Board -- "REQUEST
FOR A MEETING with the Editorial Board regarding prospective Times '
editorials about the New York State Commission on Judicial Conduct"
CJA's May 23, 2011 memo to NY Governor Andrew Cuomo, Temporary Senate President
Dean Skelos, Assembly Speaker Sheldon Silver & Chief Judge Jonathan Lippman
--"RE: (1) NYS's Commission on Judicial Compensation -- Inoperative &
Inaccessible to the Public; (2) Evidence Disentitling NYS's Judiciary to
Increased Compensation , Presented & 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 "
CJA's May 23,
2011 transmittal letter to indicated recipients -- Appointed Members of the
NYS Commission on Judicial Compensation; Senate Minority Leader John Sampson,
Senate Judiciary Committee, Witnesses at the 2009 Senate Judiciary Committee
Hearings, & the Press
CJA's June 23, 2011 letter to Governor Cuomo's Appointees to the
Judicial Compensation Commission -- "RE: (1) Bringing
Public Accessibility, Input, and Accountability to the Judicial
Compensation Commission -- Facilitated by the Open Meetings Law &
Executive Order #3; and (2) Chairman Thompson's Disqualifying
Conflict of Interest, Requiring his Resignation" --
June 23, 2011 transmittal letter to indicated recipients
CJA's June 28, 2011 e-mail to NY Judicial Compensation Commission
-- "Subject: Is NY's Judicial Compensation Commission Violating the
Open Meetings Law & its Video Broadcast Obligations under Executive
Order #3"
CJA's June 30, 2011 letter to NY Judicial Compensation Commission
-- "RE: Is NY's Judicial Compensation Commission Violating
the Open Meetings Law & its Video Broadcast Obligations under
Executive Order #3" --
June 30, 2011 transmittal letter to indicated recipients
See
CJA's October 27, 2011 Opposition Report to the "Final
Report of the Commission on Judicial Compensation"
THE PRESS
"State Bar Set to Consider NYCLA's Proposal for Conduct Commission " ,
by Joel Stashenko, New York Law Journal , January 21, 2011
"Proposal to Revamp Judicial-Conduct Agency Draws Fire " by William
Glaberson, New York Times, January 25, 2011
click here for :
video of NYS Bar Association's January 28, 2011 House of Delegates' meeting,
where the New York County Lawyers' Association report & recommendations were
presented by its co-chairs of its Committee on the Commission on Judicial
Conduct: Klaus Eppler & former Appellate Division, First Dept. Justice Betty
Weinberg Ellerin
"New York Bar Seeks Limits on Investigations of Judges " by William
Glaberson, New York Times , January 28, 2011
"Lowering the Bar " ,
editorial, New York Post, January 30, 2011
"A
Sex Joke and Other Judicial Bad Behavior "
by William Glaberson, New
York Times , February 2, 2011
"A Push to Open Hearings in Judge-Misconduct Cases " by William
Glaberson, New York Times , February 3, 2011
"Judge
them in open court: Legislature should open Commission on Judicial Conduct
proceedings to view " , editorial, Daily News , February 7, 2011
"The
overdue case of judging judges ", editorial, Albany Times Union ,
February 7, 2011
February 9, 2011 interview of Chief Judge Jonathan Lippman by CapitalTonight.Com
(Liz Benjamin) on
bar association proposals & public judicial disciplinary hearings
( click
here for
full
interview)
"Don't
weaken commission's ability to discipline bad judges " ,
perspective column by Bennett L. Gershman, Journal News /LoHud.Com
(Gannett), February 13, 2011
* * *
SCOREBOARD: PUTTING OUR STATE LEGISLATORS
ON RECORD --
starting with the "Leadership" & Judiciary Committees, so as to
make this
a central campaign issue in the 2012 legislative elections...:
SENATE
SENATE MAJORITY LEADER
-- Senator Dean Skelos "To All New Yorkers, .,..The people's priorities must be our priorities "
SENATE MINORITY LEADER
-- Senator John Sampson
SENATE JUDICIARY COMMITTEE -- 2011-2012
CHAIRMAN John J.
Bonacic " He has long
championed reform in the Legislative process and believes that the best public
policies are enacted when there is substantial opportunity for every Member of
the Senate, and through each Legislator, all New Yorkers to participate in the
law making process. "
(from his
bio)
RANKING
MEMBER Ruth Hassell-Thompson
Senator Eric Adams
Senator Neil D. Breslin
Senator John A.
DeFrancisco
Senator Martin
Malave Dilan
Senator Adriano
Espaillat
Senator John J.
Flanagan
Senator Charles
J. Fuschillo, Jr.
Senator Michael
Gianaris
Senator Liz Krueger
Senator Andrew J. Lanza
Senator Kenneth
LaValle
Senator Betty Little
Senator Michael F.
Nozzolio
Senator Thomas F.
O'Mara
Senator Bill Perkins
Senator Michael
H. Ranzenhofer
Senator Stephen M.
Saland
Senator Jose M. Serrano
Senator Daniel L.
Squadron
Senator Toby Ann
Stavisky
Senator Lee M. Zeldin
ASSEMBLY
ASSEMBLY SPEAKER -- Assemblyman Sheldon Silver
ASSEMBLY MINORITY LEADER -- Assemblyman Brian M.
Kolb
ASSEMBLY JUDICIARY COMMITTEE-- 2011-2012
CHAIRWOMAN
Helene E. Weinstein
Assemblyman William Barclay
Assemblyman Jonathan Bing
Assemblyman Jeffrey Dinowitz
Assemblyman Hakeem Jeffries
Assemblyman Rory I. Lancman
Assemblyman Charles D. Lavine
Assemblyman Tom McKevitt
Assemblyman Daniel J. O'Donnell
Assemblyman Peter M. Rivera
Assemblyman Matthew Titone
Assemblywoman Michele R. Titus
Assemblyman David I. Weprin
Assemblyman Kenneth Zebrowski
Bill to
Establish Special Commissionon Judicial Compensation: S-6009-2009:
introduced by Senator Sampson "at the request of the Governor", June 19,
2009
March 23,
2010 Senate Judiciary Committee -- Chief Administrative Judge Ann Pfau
Senator John
Sampson, Chair, Senate Ethics Committee -- Hearings
May
28, 2009
May 29,
2009
June
2, 2009
January 4, 2010 " Sampson
playing a law-firm Shel game ", New
York Post (Brendan Scott)
January 4, 2010 " Senate
Leader Sampson Joins a Tort Law Firm, Just Like Speaker Silver ",
New York Civic (Henry J. Stern)