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

JUDITH S. KAYE
 

ELENA SASSOWER'S WRITTEN OPPOSITION STATEMENT

DORIS L. SASSOWER'S OPPOSITION STATEMENT
 

  See:  Correspondence-Kaye &, in particular:
      
  (1)  CJA's March 3, 2000 letter to Chief Judge Kaye;
            (2)  CJA's April 18, 2000 letter to Chief Judge Kaye;
           (3) CJA's facially-meritorious, fully-documented August 3, 2000 judicial misconduct complaint against Chief Judge Kaye

  See:  Commission Case  &, in particular:
           (1) May 1, 2002 motion to disqualify Chief Judge Kaye, etc., for disclosure & other relief
                (especially pp. 16-56, 63-66);
           (2) October 15, 2002 motion to Chief Judge Kaye, etc. for reargument, vacatur for fraud,
                 lack of jurisdiction, & other relief;
           (3) October 24, 2002 motion to Chief Judge Kaye for leave to appeal & other relief


HISTORICAL NOTE:  
on the Senate Judiciary Committee's March 17, 1993 hearing to confirm Judge Kaye as Chief Judge --
see page 6 of
Testimony of Doris L. Sassower at the December 15, 1993 confirmation hearing of Justice Ciparick  &  referred-to transcript pages from March 17, 1993 confirmation hearing

          -- SEE also, New York Times-March 18, 1993 "Kaye Confirmed as Chief Judge Amid Albany Senators' Praise";  & New York Times-February 6, 1993 EDITORIAL: "Judge Kaye for Chief Judge"


*    *    *

BACKGROUND CORRESPONDENCE:

Commission on Judicial Nomination's January 18, 2007 letter
         -- brochure
         -- questionnaire for candidates for associate judge
         -- questionnaire for candidates for chief judge
         -- supplemental questionnaire for candidates for chief judge
 

CJA's January 18, 2007 letter to Commission on Judicial Nomination -- "RE: Public Access Rights Pursuant to Judiciary Law 63.3"

CJA's February 9, 2007 letter to Senate Judiciary Committee Chairman DeFrancisco -- ATT: Chief of Staff 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

Senate Judiciary Committee's Notice of Public Hearing - Tuesday, March 6, 2007, 10 a.m., Room 124, State Capitol, Albany, New York

CJA's March 1, 2007 letter to Senate Judiciary Committee Chairman DeFrancisco -- ATT: Chief of Staff Carole Luther -- "RE: Narrative statement in support of oral testimony in opposition to Senate confirmation of Chief Judge Judith Kaye's reappointment to the New York Court of Appeals"

CJA's March 2, 2007 letter to Senate Judiciary Committee Chairman DeFrancisco -- ATT: Chief of Staff Carole Luther -- "RE: Narrative statement in support of oral testimony in opposition to Senate confirmation of Chief Judge Judith Kaye's reappointment to the New York Court of Appeals"

Doris Sassower's March 5, 2007 letter to Senate Judiciary Committee Chairman DeFrancisco -- "RE: Requests to testify by Doris L. Sassower, individually & by Elena Ruth Sassower on behalf of the Center for Judicial Accountability, Inc."

Doris Sassower's March 5, 2007 e-mail to Senate Judiciary Committee Chairman DeFrancisco -- "Subject: Re: Testimony of Doris L. Sassower"

CJA's March 5, 2007 e-mail to ALL Senators -- "Subject: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"
 

SUBSEQUENT CORRESPONDENCE:

CJA's March 7, 2007 letter to Secretary of Senate Steven M. Boggess -- FREEDOM OF INFORMATION OF LAW (FOIL) REQUEST:  Senate confirmation of the reappointment of New York Court of Appeals Chief Judge Judith S. Kaye

CJA's March 8, 2007 letter to Senate Judiciary Committee Chairman DeFrancisco -- ATT: Chief of Staff Carole Luther -- "RE: F.O.I.L request for stenographic transcript of the Senate Judiciary Committee's March 6, 2007 'hearing' to confirm the reappointment of Chief Judge Judith S. Kaye"

March 12, 2007 letter from Secretary of Senate Steven Boggess

CJA's March 20, 2007 letter to Secretary of Senate Steven Boggess

March 28, 2007 letter from Secretary of Senate Steven Boggess

       
 Roll of Senators voting on question of Chief Judge Kaye's confirmation, as entered in Senate Journal

         Certification of Chief Judge Kaye's confirmation, signed by Acting President of the Senate
         Certification of Chief Judge Kaye's confirmation, with Senate Seal

Senate Judiciary Committee's April 16, 2007 letter

CJA's December 26, 2007 letter to Senate Judiciary Committee -- ATT: Chief of Staff Carole Luther --  "RE: Payment for transcript: March 6, 2007 Confirmation Hearing of Chief Judge Judith Kaye"

Senate Judiciary Committee's January 7, 2008 letter                             




TRANSCRIPT OF MARCH 6, 2007 SENATE JUDICIARY COMMITTEE CONFIRMATION "HEARING"  (see pp. 118-120)

         
written opposition statement of Judith Herskowitz to Senate confirmation of Chief Judge Kaye

TRANSCRIPT OF MARCH 6, 2007 SENATE CONFIRMATION   (see p. 957)

 

*    *    *

CASE STUDY OF THE PRESS IN ACTION


Associated Press:

January 17, 2007: "Spitzer gets list of seven nominees for state's highest court", Associated Press-Mark Johnson

CJA's February 22, 2007 e-mail to Mike Gormley/Albany Bureau Chief; Mark Johnson, Marc Humbert -- "Subject: CJA's draft written statement in opposition to Chief Judge Kaye's confirmation"

CJA's March 2, 2007 - March 3, 2007 -- "Subject: CJA's opposition to Chief Judge Kaye & for concurrent legislative resolution for her removal/impeachment"

CJA's March 5, 2007 e-mail to Gormley, Johnson, Humbert -- "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

March 6, 2007:  "Chief Judge Kaye reconfirmed over some Republican opposition" -- AP by Mark Johnson



Gannett News Service:


February 8, 2007: "Chief Judge Judith Kaye nominated to another term", Yancey Roy -- Journal News

February 9, 2007:  "Chief Judge Kaye, still", editorial - Journal News

CJA's February 23, 2007 e-mail to Jay Gallagher (Albany Bureau Chief) & Yancey Roy
-- "Subject: Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals"

CJA's March 2, 2007 and March 4, 2007 e-mail to Gallagher & Roy -- "Subject: CJA's opposition to Chief Judge Kaye & for concurrent legislative resolution for her removal/impeachment"

CJA's March 6, 2007 e-mail to Gallagher & Roy -- "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

ELENA SASSOWER sits next to Yancey Roy at the confirmation "hearing" and gives him, in hand, a copy of her written statement and that of Doris L. Sassower (Roy moves to a back seat next to AP Mark Johnson after the Senators finish "questioning" Chief Judge Kaye)

March 7, 2007: "Chief judge confirmed by Senate for landmark term", Journal News, by Yancey Roy



The New York Times:

February 7, 2007: "Spitzer Reappoints Kaye as State's Top Judge", Maria Newman

CJA's February 26 2007 e-mail to Michael Cooper/Albany Bureau Chief -- "Subject: Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals" 
[cc: Danny Hakim, Sewell Chan, Metro Desk, Editorial Board (especially its lawyer members: Adam Cohen & Dorothy Samuels), Arthur Sulzberger, Jr., Bill Keller, Jill Abramson]

CJA's March 2, 2007 e-mail to Michael Cooper, Danny Hakim, Sewell Chan, Metro, Editorial Board (especially Adam Cohen & Dorothy Samuels), Arthur Sulzberger, Bill Keller, Jill Abramson -- "Subject:  CJA's opposition to Chief Judge Kaye & for concurrent legislative resolution for her removal/impeachment

CJA's March 6, 2007 e-mail to Michael Cooper, Danny Hakim, Sewell Chan, Metro, Editorial Board (especially Adam Cohen & Dorothy Samuels), Arthur Sulzberger, Bill Keller, Jill Abramson -- "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

March 7, 2007: Metro Briefing-NY  "Albany: Chief Judge Confirmed", AP


New York Law Journal:

CJA's February 23, 2007 e-mail to Jeff Storey (Executive Editor) -- "Subject: Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals"

CJA's March 2, 2007 e-mail to Jeff Storey -- "Subject: CJA's opposition to Chief Judge Kaye"

CJA's March 6, 2007 e-mail to Jeff Storey -- "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

March 7, 2007: "Kaye Confirmed", front page

Albany Times Union:

February 7, 2007: "Spitzer reappoints Kaye as chief judge" by Michele Morgan Bolton

February 12, 2007: "Justice and Gov. Spitzer", editorial

February 15, 2007: "Egan among Spitzer's selections", by Elizabeth Benjamin

CJA's February 21, 2007 letter to Elizabeth Benjamin -- RE: FACTUAL ERROR: REQUEST FOR CORRECTION -- 'Egan among Spitzer's selections', February 15, 2007"   
[indicated copies to Associate Editor Mark Spain, State Editor Jay Jochnowitz, Reporter James Odato, and Reporter Michele Morgan Bolton]

February 21, 2007 e-mail from Michele Morgan Bolton -- "Subject: RE: FACTUAL ERROR: REQUEST FOR CORRECTION: February 15, 2007 article -- Senate Confirmation of Chief Judge Kaye to NY Court of Appeals"

CJA's February 21, 2007 e-mail to Michele Morgan Bolton -- "Subject: THANK YOU FOR YOUR KIND ACKNOWLEDGMENT -- RE: FACTUAL ERROR: REQUEST FOR CORRECTION: February 15, 2007 article -- Senate Confirmation of Chief Judge Kaye to NY Court of Appeals"

February 22, 2007 e-mail from Jay Jochnowitz -- "Subject: RE: Revised letter -- FACTUAL ERROR: REQUEST FOR CORRECTION: February 15, 2007 article -- Senate Confirmation of Chief Judge Kaye to NY Court of Appeals"

CJA's February 22, 2007 e-mail to Jay Jochnowitz -- "Subject: March 6, 2007 Hearing on Judge Kaye's confirmation -- RE: Revised letter -- FACTUAL ERROR: REQUEST FOR CORRECTION: February 15, 2007 article -- Senate Confirmation of Chief Judge Kaye to NY Court of Appeals"  
[indicated copies to Elizabeth Benjamin, Mark Spain, James Odato, and Michele Morgan Bolton]

CJA's February 22, 2007 memo to Associate Editor Mark Spain, State Editor Jay Jochnowitz, & Reporter James Odato -- "RE: Background to Times Union coverage of Senate confirmation of Justice Theodore T. Jones, Jr. as associate judge of the New York Court of Appeals -- and to its February 15, 2007 article 'Egan among Spitzer's selections", falsely reporting on Senate confirmation of the reappointment of Chief Judge Kaye to the New York Court of Appeals"  
 [indicated copies to Elizabeth Benjamin, Michele Morgan Bolton, Rick Karlin]

CJA's February 22, 2007 transmitting e-mail to Mark Spain, Jay Jochnowitz, & Jay Odato -- "Subject: Background to Times Union Coverage -- & its February 15, 2007 article falsely reporting on Senate confirmation of Chief Judge Kaye"  
 [indicated copies to Elizabeth Benjamin, Michele Morgan Bolton, Rick Karlin]

February 22, 2007 e-mail from Jay Jochnowitz -- "Subject: RE: Background to Times Union Coverage -- & its February 15, 2007 article falsely reporting on Senate confirmation of Chief Judge Kaye"

CJA's February 23, 2007 e-mail to Jay Jochnowitz -- "Subject: Chief Judge Kaye LIED on two motions for her disqualification in two public interest cases"
[indicated copies to Mark Spain, Elizabeth Benjamin, Michele Morgan Bolton, Rick Karlin]

Jay Jochnowitz' February 28, 2007 e-mail -- "Subject: RE: Chief Judge Kaye LIED on two motions for her disqualification in two public interest cases"

CJA's March 6, 2007 e-mail to Mark Aldam (Publisher), Rex Smith (Editor), Joanne Crupi (Editorial Page Editor), Michael Spain (Associate Editor), Jay Jochnowitz (State Bureau Chief), Michele Morgan Bolton, Jim Odato, Elizabeth Benjamin, Rick Karlin

March 6, 2007:  "Kaye Gets Confirmed, But With Opposition" by James Odato -- Capitol Confidential Blog


Newsday:

January 17, 2007: "Spitzer gets list of seven nominees for state's highest court", Associated Press-Mark Johnson

February 8, 2007: "Spitzer moves to have top state judge stay on", Associated Press

February 12, 2007: "Judge Kaye's new term: No Spitzer can help achieve reforms", editorial


CJA's February 26, 2007 e-mail to Dan Janison (Political Editor/Albany) -- "Subject: Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals"

CJA's March 2, 2007 e-mail to Dan Janison & Melissa Mansfield -- "Subject -- CJA's opposition to Chief Judge Kaye & for concurrent legislative resolution for her impeachment/removal"

CJA's March 6, 2007 e-mail to Dan Janison & Melissa Mansfield - "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

March 6, 2007 newsday.com  "Chief Judge Kaye reconfirmed over some Republican opposition" -- AP by Mark Johnson



Daily News:

February 9, 2007: "Give okay to Judge Kaye", editorial

CJA's February 26, 2007 e-mail to Bill Hammond/Editorial-Albany Bureau -- "Subject -- Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals  -- NO OKAY TO KAYE"
[cc: Joe Mahoney/Albany Bureau]

CJA's March 2, 2007 e-mail to Bill Hammond & Joe Mahoney -- "Subject: CJA's opposition to Chief Judge Kaye"

CJA's March 6, 2007 e-mail to Bill Hammond & Joe Mahoney - "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"


New York Post:

CJA's February 23, 2007 e-mail to Frederic Dicker -- "Subject: Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals"
      [cc: Ken Lovett]

CJA's March 2, 2007 e-mail to Frederic Dicker & Ken Lovett -- "Subject: CJA's opposition to Chief Judge Judith Kaye"

CJA's March 6, 2007 e-mail to Dicker & Lovett - "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

March 7, 2007 "Judge Verdict Split", AP


New York Sun:

CJA's February 26, 2007 e-mail to Jacob Gershman -- "Subject "Citizen Opposition to Senate Confirmation of Chief Judge Kaye's Reappointment to the NY Court of Appeals"

CJA's March 2, 2007 e-mail to Jacob Gershman -- "Subject: CJA's opposition to Chief Judge Kaye &, additionally, for concurrent legislative resolution for her removal/impeachment"

CJA's March 6, 2007 e-mail to Gershman - "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"


Buffalo News:

CJA's March 6, 2007 e-mail to Tom Precious - "Subject:  PRESS ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"

 


OTHER 'MERIT SELECTION" APPOINTMENTS
TO THE NY COURT OF APPEALS:

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

THEODORE T. JONES, JR.
2007

JUDITH S. KAYE
2007-reappointment
(you are here)

CARMEN BEAUCHAMP CIPARICK
2007-reappointment

JONATHAN LIPPMAN
2009

JANET DiFIORE
2015-2016

 

 

 

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