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Judicial Compensation-NYS

THE PEOPLE FIGHT BACK!
                                   
 

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The People's Lawsuit vs New York's Highest Constitutional Officers & Three Government Branches to Void the Judicial Pay Raises -- & Secure Judicial Accountability


SUPREME COURT OF STATE OF NEW YORK
BRONX COUNTY -- transferred to NEW YORK COUNTY
---------------------------------------------------------------------------------- x

CENTER FOR JUDICIAL ACCOUNTABILITY, INC. and ELENA RUTH SASSOWER, individually and as Director of the Center for Judicial Accountability, Inc, acting on their own behalf and on behalf of the People of the State of New York & the Public Interest,                               
                                                  
                      -v-                                                                                                              

ANDREW M. CUOMO, in his official capacity as Governor of the State of New York, ERIC T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, THOMAS DiNAPOLI, in his official capacity as Comptroller of the State of New York, DEAN SKELOS, in his official capacity as Temporary President of the New York State Senate, THE NEW YORK STATE SENATE, SHELDON SILVER, in his official capacity as Speaker of the New York State Assembly, THE NEW YORK STATE ASSEMBLY, JONATHAN LIPPMAN, in his official capacity as Chief Judge of the State of New York, the UNIFIED COURT SYSTEM, and THE STATE OF NEW YORK.

---------------------------------------------------------------------------------- x

“The appellate, administrative, disciplinary, and removal provisions of Article VI [of the New York State Constitution] are safeguards whose integrity – or lack thereof – are not just ‘appropriate factors’, but constitutional ones.  Absent findings that these integrity safeguards are functioning and not corrupted, the Commission [on Judicial Compensation] cannot constitutionally recommend raising judicial pay.”   (underlining in the original).

 

Opening quote from plaintiffs’ October 27, 2011 Opposition Report to the ‘Final Report’ of the Special Commission on Judicial Compensation, addressed to Governor Andrew Cuomo, Temporary Senate President Dean Skelos, Assembly Speaker Sheldon Silver, and Chief Judge Jonathan Lippman, based  on analysis of the New York Court of Appeals’ February 23, 2010 decision in the judges’ pay raise lawsuits.

 

*       *       *
 

Press Release:  April 5, 2012:  "The People Fight Back! 
Groundbreaking Lawsuit...to Stop NY Judicial Pay Raises --
& Secure Judicial Accountability
"

 

Executive Summary: CJA's October 27, 2011 Opposition Report

 

 CJA's October 27, 2011 Opposition Report   
 
click here for
Senate Judiciary Committee's Aborted 2009 Hearings
on the Commission on Judicial Conduct
& Court-Controlled Attorney Disciplinary System

 

*       *       *

VERIFIED COMPLAINT, March 30, 2012

 

ATTACHED EXHIBITS:

 

Exhibit A-1:      Where Do You Go When Judges Break the Law?, New York Times, October 26, 1994, Op-Ed page, reprinted in New York Law Journal, November 1, 1994, p. 9

 

Exhibit A-2:      “A Call for Concerted Action, New York Law Journal, November 20, 1996, p. 3

Exhibit A-3:      Restraining 'Liars in the Courtroom' and on the Public Payroll”,
                       New York Law Journal, August 27, 1997, pp. 3-4

Exhibit B-1:       Plaintiffs’ June 20, 2006 letter to Attorney General candidate Cuomo

Exhibit B-2:       Plaintiffs’ September 1, 2006 letter to Attorney General candidate Cuomo

Exhibit C-1:      Plaintiffs’ January 22, 2003 written statement in opposition
           to Senate  confirmation of Susan P. Read to NY Court of Appeals

Exhibit C-2:      Senate Judiciary Committee transcript: pp. 1-3, 28-35;

Exhibit C-3:      Senate confirmation transcript, p. 239

Exhibit D-1:      Plaintiffs’ January 12, 2004 written statement in opposition to Senate confirmation
           of Robert S. Smith to NY Court of Appeals

Exhibit D-2:      Senate Judiciary Committee transcript: pp. 1-3, 57-68

Exhibit  E-1:     Plaintiffs’ September 14, 2006 written statement in opposition to Senate confirmation
           of Eugene F. Pigott, Jr. to NY Court of Appeals

Exhibit E-2:      Senate Judiciary Committee transcript: pp. 1-2, 38-48 

Exhibit F-1:      Plaintiffs’ February 9, 2007 letter to Chairman DeFrancisco:
           requests to testify in opposition to Senate confirmations of Theodore T. Jones, Jr.
           & Chief Judge Judith Kaye

Exhibit F-2:     Plaintiffs' February 12, 2007 letter to Chairman DeFrancisco

Exhibit F-3:   Plaintiffs’ February 2007 written statement, submitted for the record of Senate Judiciary Committee’s February 12, 2007 “public” confirmation hearing of Theodore Jones to NY Court of Appeals

Exhibit G-1:      See Exhibit F-1, supra: Plaintiffs’ February 9, 2007 letter to Chairman DeFrancisco

Exhibit G-2:      Doris Sassower’s February 13, 2007 letter to Chairman DeFrancisco

Exhibit G-3:      Plaintiffs’ March 1, 2007 letter to Chairman DeFrancisco

Exhibit G-4:      Plaintiffs’ March 2, 2007 letter to Chairman DeFrancisco

Exhibit G-5:      Doris L. Sassower’s March 5, 2007 letter to Chairman DeFrancisco

Exhibit G-6:      Eli Vigliano’s March 6, 2007 e-mail to Chairman DeFrancisco

Exhibit G-7:      Plaintiffs’ March 5, 2007 e-mail to Senators

Exhibit G-8:      Plaintiffs’ March 6, 2007 written opposition statement

Exhibit G-9:      Doris Sassower’s March 6, 2007 written opposition statement

Exhibit G-10:    George Sassower’s  March 2, 2007 letter to Chairman DeFrancisco, with written statement

Exhibit G-11:    March 5, 2007 written statement of Judith Herskowitz

Exhibit G-12:    Senate Judiciary Committee March 6, 2007 transcript, pp. 1-3, 118-120

Exhibit G-13:    Senate March 6, 2006 transcript: pp. 952, 956-958

Exhibit H:         Plaintiffs’ December 15, 1993 written statement in opposition to confirmation of Carmen Ciparick to NY Court of Appeals   -- with pp. 1-2, 122-127 of transcript of Senate Judiciary Committee’s March 17, 1993 hearing to confirm the nomination of Judith Kaye as Chief Judge of the NY Court of Appeals

Exhibit I:         Plaintiffs’ February 11, 2009 written statement in opposition to Senate confirmation
           of Jonathan Lippman as Chief Judge of the NY Court of Appeals 

Exhibit I-2:       Senate Judiciary Committee February 11, 2009 transcript
                        -- testimony of Plaintiff Sassower
                        -- testimony of William Galison
                                    click here for VIDEO of testimony 
                                                               see: 0:39:54 - 0:53:11 - 1:01:56   

                                            [CJA January 11, 2013 Foil Request for transcript
                                                 January 18, 2013 Response from Secretary of Senate]

Exhibit J:         Plaintiffs’ July 19, 2011 letter to Attorney General Schneiderman

Exhibit K:          Comptroller Edward Regan’s 1989 report Commission on Judicial Conduct – "Not Accountable to the Public: Resolving Charges Against Judges is Cloaked in Secrecy", with press release, “Commission on Judicial Conduct Needs Oversight

Exhibit L-1:          Plaintiffs’ December 16, 2002 letter to Senate Majority Leader Joseph Bruno, Senate Minority Leader Martin Connor, & Senate Minority Leader David Paterson

Exhibit L-2:       Plaintiffs' October 26, 2001 letter to Senator David Paterson

Exhibit M:        Plaintiffs’ March 5, 2003 letter to Senate Judiciary Committee Ranking Member Malcolm Smith, Assembly Judiciary Committee Chairwoman Helene Weinstein, & Ranking Member Fred Thiele

Exhibit N:         Plaintiffs’ October 28, 2011 letter to Commission on Judicial Compensation

Exhibit O:         Plaintiffs’ October 28, 2011 letter to Judicial Pay Raise Advocates

Exhibit P:          Plaintiffs’ November 1, 2011 letter to Budget Director Robert Megna

Exhibit Q:       Plaintiffs’ March 2, 2012 letter to Governor Andrew Cuomo, Temporary Senate President Dean Skelos, Assembly Speaker Sheldon Silver, Chief Judge Jonathan Lippman
     Ex. A:  Executive Summary of CJA's October 27, 2011 Opposition Report
 
    Ex. B:  CJA's November 29, 2011 complaint to Attorney General Schneiderman's Public Integrity Bureau & its December 7, 2011 determination that "complaint does not warrant action by this office at this time"
     Ex. C:  AG Schneiderman's website info as to partnership with Comptroller DiNapoli "to investigate public corruption involving taxpayer funds"; May 23, 2011 NYT article "Accord with Comptroller Will Help Attorney General Pursue Corruption Cases"; May 30, 2011 Albany Times Union article "AG, comptroller partnership a no-brainer
"

   Ex. D:  CJA's March 1, 2012 complaint to Comptroller DiNapoli's Investigations Unit   
 

FREE-STANDING EXHIBITS:

1. August 29, 2011 "Final Report" of the Special Commission on Judicial Compensation

2.  Chapter 567 of the Laws of 2010

3. CJA's October 27, 2011 Opposition Report to the "Final Report" of the Special Commission on Judicial Compensation with Executive Summary

4. 
The TWO final motions in Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc., acting pro bono publico v. Commission on Judicial Conduct of the State of New York click here for full record: "Test Case-State (Commission)

         OCTOBER 15, 2002 MOTION FOR REARGUMENT, VACATUR FOR FRAUD, LACK OF JURISDICTION, DISCLOSURE & OTHER RELIEF

Exhibit A:  CJA's October 7, 2002 letter to Chief Motion Clerk
Exhibit B-1: Court of Appeals' September 12, 2002 decision/order (#581)

Exhibit B-2: CJA's May 1, 2002 notice of motion for disqualification/disclosure
                     & pp. 1-8 of moving affidavit

Exhibit C-1: Court of Appeals' September 12, 2002 decision/order (#719)

Exhibit C-2: CJA's May 1, 2002 notice of appeal

Exhibit C-3: CJA's June 17, 2002 notice of motion for sanctions, etc. vs. Attorney General

Exhibit D: NYS Association of Criminal Defense Lawyers v. Kaye, 95 NY2d 556 (2000)
Exhibit E-1: Court of Appeals' decision/order in Schulz v. NYS Legislature (Mo.# 1075)

Exhibit E-2 Schulz v. NYS Legislature, 92 NY2d 917 (1998)

Exhibit F-1: Sims v. NYS Commission on Judicial Conduct, 62 NY2d 884 (1984)

Exhibit F-2: NY Criminal and Civil Bar Association v. NY, 46 NY2d 730 (1978)

Exhibit G: Robert Schulz' August 17, 1998 disqualification motion in Schulz v. NYS Legislature

OCTOBER 24, 2002 MOTION FOR LEAVE TO APPEAL TO THE COURT OF APPEALS
 

Exhibit A-1: Appellate Division's December 18, 2001 decision/order

Exhibit A-2: Appellate Division's March 26, 2002 order

Exhibit B-1: Ct of Appeals' September 12, 2002 decision/order on disqualification (#581)  Exhibit B-2: Ct of Appeals' September 12, 2002 decision/order on notice of appeal and sanctions (#719) 

Exhibit C: Justice Wetzel's January 31, 2000 decision/order
Exhibit D: Justice Cahn's July 13, 1995 decision/order in Doris L. Sassower v. Commission
Exhibit E: Justice Lehner's September 30, 1999 decision/order in Mantell v. Commission
Exhibit F:  Appellate Division's November 16, 2000 decision/order in Mantell v. Commission
Exhibit G: CJA's March 3, 2000 letter to Chief Judge Kaye, with inventory of transmitted record
Exhibit H:  3-page analysis of Cahn's July 13, 1995 decision in Doris Sassower v. Commission
Exhibit I:  13-page analysis of Justice Lehner's September 30, 1999 decision in Mantell v. Commission
Exhibit J:  March 27, 2000 letter of Counsel, Unified Court System
Exhibit K: 1-page analysis of Appellate Division's December 16, 2000 decision in Mantell v. Commission
Exhibit L-1: 19-page analysis of Appellate Division's December 18, 2001 decision (1/7/02 notice-complaint)
Exhibit L-2: Commission's February 27, 2002 acknowledgment letter
Exhibit M-1: "I rise in defense of state courts", Chief Judge Kaye, Daily News, 1/17/02
Exhibit M-2: "State judicial system is accountable to public", Judge Kaye, Albany Times Union, 2/10/02

 

 

*    *    *

ORDER TO SHOW CAUSE FOR A STAY & TRO, March 30, 2012

           [essential background documents:
            
(1)  CJA's October 27, 2011 Opposition Report   Executive Summary
             (2) CJA's March 2, 2012 letter to highest constitutional officers
                   Ex. A:  Executive Summary of CJA's October 27, 2011 Opposition Report
                   Ex. B:  CJA's November 29, 2011 complaint to AG's Public Integrity Bureau, etc.
                   Ex. C:  AG's website info as to partnership with Comptroller
                              "to investigate public corruption involving taxpayer funds"
                   Ex. D:  CJA's March 1, 2012 complaint to Comptroller's Investigations Unit

                   
TRANSCRIPT OF MARCH 30, 2012 ORAL ARGUMENT BEFORE BRONX SUPREME COURT JUSTICE MARY ANN BRIGANTTI-HUGHES  --
              [here's her decision in Mary McKinney v NYS Dept of Health,

 click here for: 
the unprecedented health facilities statute

challenged in Mary McKinney v NYS Dept of Health, etc.
-- covered up by the courts
& whose progeny is the equally unprecedented judicial compensation statute, challenged by CJA's lawsuit
                                                

Justice Brigantti-Hughes' March 30, 2012 decision/order

April 3, 2012 New York Law Journal: "Court Rejects Bid to Halt Pay Increases for Judges", front page "News in Brief", by Joel Stashenko  --
YOU BE THE JUDGE: do you think this is fair, accurate, and appropriate reporting of the lawsuit?...
 

Plaintiffs' April 5, 2012 hand-delivered letter to Defendants -- 
"RE:  Order to Show Cause for a Stay & All Underlying Papers on Which it is Based: Verified Complaint with Exhibits Annexed and Free-Standing -- Bronx Supreme Court #302951-12"

Plaintiffs' April 5, 2012 e-mail to Assistant Attorney General Andrew Meier -- Subject: "Thank you -- RE: Center for Judicial Accountability, Inc. v. Cuomo, Sup Ct BX Cty 302951/2012"

Attorney General's April 5, 2012 Demand for Change of Venue

Attorney General's April 5, 2012 Cross-Motion for Change of Venue

Assistant Attorney General Andrew Meier's Affirmation in Opposition to Motion for Preliminary Injunction and in Support of Cross-Motion for Change of Venue
     Ex 1: Judge Wetzel's January 31, 2000 decision in
Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc, acting pro bono publico v. Commission on Judicial Conduct of the State of New York
     Ex 2: Justice Cahn's July 13, 1995 decision in
Doris L. Sassower v. Commission on Judicial Conduct of the State of New York
     Ex 3:  
Appellate Division, First Department's December 18, 2001 decision in Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc, acting pro bono publico v. Commission on Judicial Conduct of the State of New York
    
Ex. 4:  Chapter 567 of the Laws of 2010
     Ex. 5:  Commission on Judicial Compensation's website listing of submission
     Ex. 6:  August 29, 2011 Final Report of the Commission on Judicial Compensation
     Ex. 7:  Transcript of March 30, 2012 oral argument
     Ex. 8:  e-mail exchange
     Ex. 9:  April 5, 2012 Demand for Change of Venue

Attorney General's April 13, 2012 Memorandum of Law in Opposition to Preliminary Injunction and in Support of Cross-Motion for Change of Venue

Plaintiff Sassower's April 16, 2012 Affidavit in Opposition to Cross-Motion & in Reply & Further Support of Order to Show Cause for a Stay

     Ex. R: e-mail exchange
     Ex. S: April 5, 2012 coverletter to defendants & signed admissions of service
     Ex. T:  internet law listing for William Wetzel

                 Plaintiffs' submission of the SAME record, in the SAME red-white-and blue flag decorated boxes that had been supplied to the New York Court of Appeals on May 1, 2002 in Elena Ruth Sassower, Coordinator of the Center for Judicial Accountability, Inc.,acting pro bono publico, v. Commission on Judicial Conduct of the State of New York 

TRANSCRIPT OF APRIL 16, 2012 ORAL ARGUMENT BEFORE JUSTICE MARY ANN BRIGANTTI-HUGHES      

        Justice Brigantti-Hughes' April 16, 2012 decision/order

      Note:  December 17, 2013 censure by Commission on Judicial Conduct

 

CORRESPONDENCE --

Plaintiff Sassower's April 16, 2012 e-mail to Assistant Attorney General Meier: "The reasonable question as to whether Justice Brigantti-Hughes is a fair & impartial judge"

Assistant Attorney General Meier's April 17, 2012 e-mail

Plaintiff Sassower's April 18, 2012 e-mail -- "Subject: CJA v. Cuomo: Transcription Costs Being Borne by NYS Taxpayers, Including Plaintiffs"

Assistant Attorney General Meier's April 18, 2012 e-mail

Plaintiff Sassower's April 20, 2012 e-mail -- "Subject: CJA  v. Cuomo: transcription of the April 16th court proceeding, etc."

Assistant Attorney General Meier's April 20, 2012 e-mail

Plaintiff Sassower's August 30, 2012 letter to Assistant Attorney General Meier -- "RE:  Transfer to Supreme Court/New York County"

Attorney General's Order with Notice of Entry, August 30, 2012

 

                    TRANSFER TO SUPREME COURT/NEW YORK COUNTY
                                      & record-tampering

*       *       *

click here for Building Scholarship

*       *       *

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