Library

Professor Eric Lane/Hofstra University School of Law --
Eric J. Schmertz Distinguished Professor of Public Law and Public Service;
Senior Fellow/Brennan Center for Justice & NYU School of Law:
"Albany's Travesty of Democracy" -- City Journal 1997

"Lasting change will come about in Albany only when reform becomes a standard election issue, like taxes, criminal justice, and the schools. Voters will have to press candidates on their willingness to turn the Legislature into a true representative body. Editorial boards and interest groups will have to stake their endorsements on a commitment to openness and deliberation. Today, legislators' complicity in the Albany system costs them nothing. Tomorrow, it should cost them their jobs."

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“A single decision or judicial action, correct or not, which is established to have been based on improper motives and not upon a desire to do justice or to properly perform the duties of his office, will justify a removal…” italics added by the Appellate Division, First Department in Matter of Capshaw, 258 A.D. 470, 485 (1^st Dept 1940), quoting from Matter of Droege, 129 A.D. 866 (1^st Dept. 1909)

Matter of Bolte, 97 A.D. 551 (1^st Dept. 1904):

“A judicial officer may not be removed for merely making an erroneous decision or ruling, but he may be removed for willfully making a wrong decision or an erroneous ruling, or for a reckless exercise of his judicial functions without regard to the rights of litigants, or for manifesting friendship or favoritism toward one party or his attorney to the prejudice of another…” (at 568, emphasis in the original).

“Favoritism in the performance of judicial duties constitutes corruption as disastrous in its consequence as if the judicial officer received and was moved by a bribe.” (at 574).

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NEW YORK STATE JUDICIAL DISCIPLINE

"NOT ACCOUNTABLE TO THE PUBLIC", Report of the New York State Comptroller, Edward Regan, 1989   -- with his press release, "COMMISSION ON JUDICIAL CONDUCT NEEDS OVERSIGHT" (December 7, 1989)
                                        ** FOIL correspondence pertaining to Comptroller's Report **

               CJA's advocacy based on Comptroller's Report, including:

CJA's December 11, 2002 public comments and questions at the forum sponsored by the New York State Bar Association & the Fund for Modern Courts, entitled, "Judging the Judges: The New York State Commission on Judicial Conduct"
TEST CASES - State (Commission)

CJA's March 5, 2003 memo to NYS Senate and Assembly Judiciary Committee leaders

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"...one of the obvious reasons for establishing a permanent Commission on Judicial Conduct is to elevate judicial performance by insuring tht the practices in the various courts comply with the high standards required of judicial officers." , Sardino v. State Commission on Judicial Conduct, 58 NY2d 286 (1983)

:"'the purpose of judicial disciplinary proceedings is 'not punishment but the imposition of sanctions where necessary to safeguard the Bench from unfit incumbents'" (Matter of Reeves 63 NY2d 105, 111,[] quoting Matter of Waltemade, 37 NY2d [a], [111]).", Matter of Esworthy, 77 NY2d 280, 283 (1991)

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Mailing Address Post Office Box 8101White Plains, New York 10602914-421-1200e-mail: mail@judgewatch.org

Mailing Address
Post Office Box 8101
White Plains, New York 10602
914-421-1200
e-mail: mail@judgewatch.org