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

ROBERT SMITH
 

        [SEE also: Searching for Champions-State-NY: Commission on Judicial Nomination]

January 12, 2004: CJA's testimony in opposition to New York State Senate confirmation of Robert S. Smith to the New York Court of Appeals.

Relevant referred-to documents

(1)      CJA's October 16, 2000 report on the Commission on Judicial Nomination's corruption of "merit selection" to the NY Court of Appeals
           SEE: Judicial Selection - State - NY The Corruption of "Merit Selection" to NY's Highest State Court: Graffeo

(2)     CJA's November 13, 2000 report on the complicitous roles of the bar associations in the corruption of "merit selection" to the NY Court of Appeals
          SEE: Judicial Selection - State - NY The Corruption of "Merit Selection" to NY's Highest State Court: Graffeo

(3)     CJA's December 19, 2003 letter to NYS Senate Judiciary Committee Chairman DeFrancisco -- "RE: Senate confirmation of Robert S. Smith, Esq. to the New York Court of Appeals; (1) Request for publicly-available documents; (2) Request to testify in opposition"

(4)     CJA's December 6, 2003 letter to NY Governor Pataki. -- "RE: Publicly-Available Materials Pertaining to Governor Pataki's Appointment of Robert S. Smith, Esq., to the New York Court of Appeals"

(5)     CJA's December 26, 2003 letter to Governor Pataki -- "RE: Publicly-Available Materials Pertaining to Governor Pataki's Appointment of Robert S. Smith, Esq., to the New York Court of Appeals"

(6)     CJA's December 22, 2003 letter to NYS Comptroller -- "RE: Request for Information & Documents Pertaining to the State's Authorizations, Designations, and Payments to Special Counsel and, in particular, to Robert S. Smith, Esq."

(7)     CJA's January 2, 2004 letter to Local Governmental Assistance Corporation -- "RE: Request for information, as well as documents pursuant to F.O.I.L., pertaining to special counsel representing the Local Government Assistance Corporation in its lawsuit against the NYS Legislature"


Transcript Excerpt of January 12, 2004 Senate Judiciary Committee Confirmation Hearing  (see, in particular, pages 66-67)

J
anuary 12, 2004 Senate Confirmation



Message from the Governor, Confirmation by the NYS Senate

 

FOIL CORRESPONDENCE:

Governor George Pataki:

CJA's December 6, 2003 letter to Governor Pataki. -- "RE: Publicly-Available Materials Pertaining to Governor Pataki's Appointment of Robert S. Smith, Esq., to the New York Court of Appeals"

Governor Pataki's December 12, 2003 letter

CJA's December 26, 2003 letter to Governor Pataki -- "RE: Publicly-Available Materials Pertaining to Governor Pataki's Appointment of Robert S. Smith, Esq., to the New York Court of Appeals"

Governor Pataki's December 15, 2004 letter


Comptroller Alan G. Hevesi:

CJA's December 22, 2003 letter to Comptroller -- "RE: Request for Information & Documents Pertaining to the State's Authorizations, Designations, and Payments to Special Counsel and, in particular, to Robert S. Smith, Esq."

Comptroller's December 31, 2003 letter


NYS Local Government Assistance Corporation:

CJA's January 2, 2004 letter to Local Governmental Assistance Corporation -- "RE: Request for information, as well as documents pursuant to F.O.I.L., pertaining to special counsel representing the Local Government Assistance Corporation in its lawsuit against the NYS Legislature"

NY Local Government Assistance Corporation's January 12, 2003 letter

NY Local Government Assistance Corporation's February 27, 2004 letter

NY Local Government Assistance Corporation's March 25, 2004 letter

NY Local Government Assistance Corporation's April 21, 2004 letter


Senate Judiciary Committee:

CJA's January 13, 2004 letter to Chairman DeFrancisco -- "RE: Request for stenographic transcript of the Senate Judiciary Committee's January 12, 2004 'hearing' to confirm Robert S. Smith to the New York Court of Appeals"

January 20, 2004 e-mail from Carole Luther, Chief of Staff

January 23, 2004 e-mail from Carole Luther, Chief of Staff

CJA's January 23, 2004 letter to Chairman DeFrancisco -- "RE: Payment for the transcript of the Senate Judiciary Committee's January 12, 2004 'hearing' to confirm the appointment of Robert S. Smith to the New York Court of Appeals"

January 26, 2004 letter from Carole Luther, Chief of Staff


Secretary of the Senate:

CJA's January 12, 2004 Request for Copies of Records

Secretary of the Senate Steven M. Boggess' January 20, 2004 letter

CJA's January 20, 2004 letter to Secretary of the Senate Boggess -- "RE: Requested Records Pertaining to Senate Confirmation of Robert S. Smith to the New York Court of Appeals"

*            *            *

CJA's January 26, 2004 memo to NYPIRG, Common Cause, and League of Women Voters -- "RE: Vindicating the Public's Right to Know: The Role of $ in 'Merit Selection' to the NY Court of Appeals"

League of Women Voters' January 26, 2004 e-mail


CASE STUDY
OF THE PRESS IN ACTION

THE NEW YORK TIMES

January 13, 2004 Metro Briefing: "Albany: Lawyer Appointed to Appeals Court" by Al Baker

CJA's January 21, 2004 memo to Albany Bureau Chief James McKinley, Jr. -- "RE: In further support of a New York Times investigative expose of 'merit selection' to the New York Court of Appeals"

February 18, 2004 "A New Robe in New York State's Highest Court"


GANNETT


January 15, 2004 column "Smith's approval exposes flaws in the review process" by Yancey Roy


ALBANY TIMES UNION

January 13, 2004 article "Lawmakers sign off on Pataki's pick" by James Odato

NEWSDAY

CJA's December 31, 2003 e-mail to Dan Janison -- "Subject: Are Special Counsel 'for Sale' to Pataki Donors -- and How About Appointed Judgeships?"

CJA's January 2, 2004 e-mail to Dan Janison -- "Subject: Follow-up to yr article, 'Pataki Donor Could Gain from City Bond Sale"

CJA's January 14, 2004 e-mail to Dan Janison -- "Subject: Following the $: The Payoff in 'Special Counsel' Assignments & Appointive Judgeships"


BUFFALO NEWS

CJA's January 22, 2004 e-mail to Albany Bureau Chief Tom Precious -- "Subject: Robert Smith's Confirmation to the NY Court of Appeals"

January 13, 2004 article "Victim's Sister Urges Death Penalty Revisions" by Tom Precious


THE NEW YORK SUN

CJA's January 20, 2004 letter to Stuart Marques, News Editor --
"RE: (1) Supervisory oversight over the deficient, cover-up news reporting of William F. Hammond, Jr., 'Senators Confirm Smith as Member Of Court of Appeals', (NY Sun, 1/13/04) and his unprofessional, unaccountable conduct in connection therewith;
        (2) Proposal for a meeting to discuss the panoply of groundbreaking, electorally-significant stories CJA has to offer on issues of judicial selection and discipline -- all readily-verifiable and fully documented"

CJA's January 20, 2004 letter to Bill Hammond


 

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
(you are here)

EUGENE F. PIGOTT, JR.
2006

THEODORE T. JONES, JR.
2007


JUDITH S. KAYE
2007

CARMEN BEAUCHAMP CIPARICK
2007-reappointment

JONATHAN LIPPMAN
2009

JANET DiFIORE
2015-2016

 

 

 

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