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THE CORRUPTION OF "MERIT SELECTION"
TO NEW YORK'S HIGHEST STATE COURT:

EUGENE F. PIGOTT, JR.
 

CJA's September 14, 2006 testimony in opposition to confirmation

Appendix:
A-1      CJA's September 5, 2006 letter to NYS Senate Judiciary  Committee Chairman John F. DeFrancisco
A-3      Chairman DeFrancisco's September 8, 2006 letter to CJA
A-5      "On Choosing Judges, Pataki Creates Problems", CJA's Letter to the Editor, The New York Times,
November 16, 1996
A-6      “Restraining ‘Liars in the Courtroom’ and on the Public Payroll”, CJA’s $3,077 public interest ad,
            New York Law Journal, August 27, 1997, pp. 3-4
A-9      CJA’s April 18, 1996 letter to David Gruenberg, former counsel to the NYS Senate Judiciary Committee – to which Governor Pataki’s then counsel, Michael Finnegan, was an indicated recipient, sent a copy by certified mail/return receipt
A-14    CJA’s April 29, 1996 letter to Michael Finnegan, Governor Pataki’s then counsel, sent certified mail/return receipt
A-19    Governor Pataki’s January 9, 1997 Nomination of Eugene F. Pigott, Jr. to be an interim Supreme Court Justice for the Eighth Judicial District
A-20     NYS Senate Judiciary Committee’s February 4, 1997 notice of meeting to consider the nomination of Eugene F. Pigott, Jr. as interim Supreme Court Justice
A-21    NYS Commission on Judicial Nomination’s July 20, 2006 letter-report to the Governor, with enclosed “summary of the careers of the recommended candidates”

         
SEE: Judicial Selection-State-NY: "Corruption of Judicial Appointments to NY's Lower State Courts -- Chronological

          SEE: Judicial Selection-State-NY:  The Corruption of 'Merit Selection' to New York's Highest State Court"

CJA's September 18, 2006 letter to Secretary of Senate Steven M. Boggess --
"RE: FREEDOM OF INFORMATION LAW (FOIL) REQUEST: Senate confirmation of Appellate Division, Fourth Department Presiding Justice Eugene F. Pigott, Jr. to the New York Court of Appeals"

CJA's September 18, 2006 letter to Senate Judiciary Committee Chairman John A. DeFrancisco -- "RE: FOR THE RECORD: Senate confirmation of Appellate Division, Fourth Department Presiding Justice Eugene F. Pigott, Jr. to the New York Court of Appeals"

September 25, 2006 letter from Secretary of the Senate Boggess

CJA's September 27, 2006 letter to Secretary of the Senate Boggess -- "RE: FREEDOM OF INFORMATION LAW (FOIL) REQUEST: Payment & Information as to Policy and Procedure"

CJA's September 28, 2006 letter to Chairman DeFrancisco -- "RE: (1) Reiterated request for applicable Senate Rules and Regulations; (2) F.O.I.L. request for stenographic transcript of the Senate Judiciary Committee's September 14, 2006 'hearing' to confirm Justice Eugene F. Pigott, Jr. to the Court of Appeals, etc."

October 6, 2006 letter from Secretary of the Senate Boggess

October 24, 2006 letter from Chairman DeFrancisco's Chief of Staff, Carole Luther

CJA's November 1, 2006 letter to Chairman DeFrancisco -- "RE: The Senate Judiciary Committee's Procedures: Transcripts of Confirmation 'Hearings' to the New York Court of Appeals"

CJA's January 16, 2007 letter to Senate Judiciary Committee Chairman John A. DeFrancisco -- Att: Carole Luther, Chief of Staff -- "RE: Senate Judiciary Committee Procedures: (1) transcripts of confirmation hearings to NY Court of Appeals; (2) confirmation of Supreme Court Justice Theodore T. Jones, Jr. to NY Court of Appeals, request for publicly-available documents, & request to testify"

CJA's February 9, 2007 letter to Chairman DeFrancisco -- ATT: Carole Luther -- "RE: (1) CJA's January 16, 2007 letter pertaining to Senate Judiciary Committee procedures & request to testify in opposition to Senate confirmation of Brooklyn Supreme Court Justice Theodore T. Jones, Jr. to the New York Court of Appeals; (2) CJA's opposition to Senate confirmation of the reappointment of New York Court of Appeals Chief Judge Judith Kaye & request to testify in opposition

CJA's February 20, 2007 letter to Chairman DeFrancisco -- ATT: Carole Luther, Chief of Staff -- "RE: (1) FOIL request for stenographic transcript of the Senate Judiciary Committee's February 12, 2007 'hearing' to confirm Justice Theodore T. Jones, Jr. to the New York Court of Appeals, etc.; (2) Reiterated request for policy pertaining to witness requests for the transcripts of their own testimony"

February 21. 2007 e-mail from Carole Luther -- "Subject: Re: FOIL Request for Transcript of Senate Judiciary Committee's February 12, 2007 'Hearing' to Confirm Justice Jones to NY Court of Appeals"

CJA's February 21, 2007 e-mail to Carole Luther -- "Subject: Thank You! -- Re: FOIL Request for Transcript of Senate Judiciary Committee's February 12, 2007 'Hearing' to Confirm Justice Jones to NY Court of Appeals"

Senate Judiciary Committee's March 2, 2007 letter

 

*    *    *

TO BE POSTED:  TRANSCRIPT OF SEPTEMBER 14, 2006 SENATE JUDICIARY COMMITTEE CONFIRMATION "HEARING"

TRANSCRIPT OF SEPTEMBER 15, 2006 SENATE CONFIRMATION

Senate Certification of Judge Pigott's confirmation

Senate Attendance record

*    *    *


CASE STUDY OF THE PRESS IN ACTION

 -- ALL RECIPIENTS OF CJA's WRITTEN TESTIMONY &/or EYE-WITNESSES TO WHAT TRANSPIRED AT THE SEPTEMBER 14, 2006 "PUBLIC HEARING"


NEW YORK LAW JOURNAL

CJA's September 14, 2006 e-mail to John Caher, Bureau Chief

John Caher's September 14, 2006 e-mail acknowledgment

BUREAU CHIEF JOHN CAHER WAS AT HEARING -- & received, in hand, hard-copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, "A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

John Caher's September 15, 2006 front page article, "Pigott Breezes Through Hearing"


"Pigott Easily Confirmed for Court of Appeals", by John Caher, September 18, 2006 News in Brief

CJA's September 18, 2006 letter to Kris Fischer, Editor-in-Chief -- "RE: LETTER TO THE EDITOR: 'Pigott Breezes Through Hearing' / 'Pigott Sails Through Confirmation Hearing', September 15, 2006"
    
 [copy to John Caher]



THE NEW YORK TIMES

ALBANY BUREAU CHIEF MICHAEL COOPER WAS AT HEARING -- & received, in hand, a hard-copy of CJA's testimony with appendix -- as well as copy of Syracuse Post-Standard editorial, "A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

Michael Cooper's September 15, 2006 article, "Pataki Chided Over State Court Appointments", appearing together with Sam Robert's September 15, 2005 article, "Pataki Appointments leave a Lasting Stamp"

CJA's September 26, 2006 memo to NYT Editorial Page Editor Gail Collins & The Editorial Board --
"Resting Your Editorial Positions & Endorsements on Documentary Evidence of Corruption in the 'Merit Selection'/Judicial Appointments Processes -- Involving the Front-Runners in the Current Electoral Races for New York Governor & U.S. Senator From New York: Eliot Spitzer & Hillary Rodham Clinton
      
   [indicated copies to Sulzberger, Keller, Abramson, Michael Cooper, Danny Hakim, Jennifer Medina, Landman, Mullany, Taubman, Hernandez, Hicks, Healy, Haberman, Siegel, Calame, Fuchs]


ASSOCIATED PRESS

CJA's September 14, 2006 e-mail to Mark Johnson & Bureau Chief Michael Gormley -- "Subject: Opposition to Senate Confirmation of Pigott to NY Court of Appeals"

REPORTER MARK JOHNSON WAS AT HEARING -- & received, in hand, a hard copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003


Mark Johnson's September 14, 2006 article, "High court pick backs separation of powers"

Michael Gormley's September 15, 2006 article "Senate moves to require greater mental health coverage"


GANNETT NEWS SERVICE

CJA's September 14, 2006 e-mail to Bureau Chief Jay Gallagher & reporter Yancey Roy -- "Subject: Opposition to Senate Confirmation of Pigott to NY Court of Appeals"

REPORTER YANCEY ROY WAS AT HEARING
 

Yancey Roy's September 15, 2006 article, "Heat put on judicial diversity"

 Senate Confirmation reported by September 16, 2006 AP article by Michael Gormley "Mental health pact advances in Senate"]

CJA
's October 6, 2006 letter to Henry Freeman, Editor & Vice President of News/The Journal News-Gannett -- RE:  ELECTIONS 2006: Informing the Voters as to Matters of Legitimate Public Concern: (1) CJA's June 20, 2006 memo-letter to attorney general candidates Andrew Cuomo and Jeanine Pirro; (2) CJA's June 26, 2006 letter to gubernatorial candidate John Faso; and (3) CJA's February 3, 2006 letter to senatorial candidate John Spencer


ALBANY TIMES-UNION

CJA's September 14, 2006 e-mail to reporter James Odato & Albany Bureau Chief Jay Jochnowitz -- "Subject: Opposition to Senate Confirmation of Pigot to NY Court of Appeals"

REPORTER RICK KARLIN WAS AT THE HEARING ( sitting next to Elena Sassower ! ) -- & received, in hand, a hard copy of CJA's testimony with appendix --as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

LATER, Albany Bureau Chief Jochnowitz, in his Capitol office, personally received a hard copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

September 15, 2006 article, "A voice of justice bids farewell" by reporters Michele Morgan Bolton and Rick Karlin

   -- also running September 14, 2006 AP article by Mark Johnson "High court pick backs separation of powers"

Senate confirmation reported by September 15, 2006 AP article by Michael Gormley "Senate moves to require greater mental health coverage"

Senate Confirmation reported by James Odato's September 16, 2006 article "Pataki leaving legacy of posts"

CJA's September 28, 2006 letter to Rick Karlin -- "RE: The Timely, Electorally-Explosive, & Readily-Verifiable Documentary Evidence of the Corruption of 'Merit Selection to NY's Highest State Court: Bringing Down NY Senate Judiciary Committee Chairman John DeFrancisco, Would-Be Senate Minority Leaders Malcolm Smith & Eric Schneiderman --and Would-Be Governor Eliot Spitzer, Among Others"
     
  [indicated copies to Jay Jochnowitz, James Odato, Elizabeth Benjamin]


SYRACUSE POST-STANDARD

CJA's September 14, 2006 e-mail to bureau reporter Erik Kriss -- "Subject: Opposition to Senate Confirmation of Pigot to NY Court of Appeals"

REPORTER ERIK KRISS WAS AT THE HEARING -- & received, in hand, a hard copy of CJA's testimony with appendix --
as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

    --
September 15, 2006 AP article "High court pick backs separation of powers" by Mark Johnson

Senate Confirmation reported by September 16, 2006 AP article by Michael Gormley "Mental health pact advances in Senate"]



BUFFALO NEWS

REPORTER TOM PRECIOUS WAS AT THE HEARING -- & received, in hand, a hard copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

Tom Precious' September 15, 2006 article "Pigott sails through Senate hearing"


NEW YORK POST

CJA's September 14, 2006 e-mail to reporter Ken Lovett and State Editor Frederic Dicker  -- "Subject: Opposition to Senate Confirmation of Pigot to NY Court of Appeals"

LATER, in their Capitol office, Lovett and Dicker personally received a hard copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003



NEW YORK DAILY NEWS

CJA's September 14, 2006 e-mail to reporter William Hammond  -- "Subject: Opposition to Senate Confirmation of Pigot to NY Court of Appeals"

LATER, in his Capitol office, Hammond personally received a hard copy of CJA's testimony with appendix -- as well as Syracuse Post-Standard editorial, A Flawed Process: Judicial Nominees should be subject to more public scrutiny", January 27, 2003

 

OTHER "MERIT SELECTION"
COURT OF APPEALS APPOINTMENTS



HOWARD A. LEVINE
1993

CARMEN BEAUCHAMP CIPARICK
1993-initial appointment

ALBERT M. ROSENBLATT  
1998

VICTORIA A. GRAFFEO

2000

SUSAN P. READ
2003

ROBERT S. SMITH
2004

EUGENE F. PIGOTT, JR.
2006
(you are here)


THEODORE T. JONES, JR.
2007


JUDITH S. KAYE
2007

CARMEN BEAUCHAMP CIPARICK
2007-reappointment

JONATHAN LIPPMAN
2009

 

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