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

 

VICTORIA A. GRAFFEO

  

1.
COMMISSION ON JUDICIAL NOMINATION

CJA's October 6, 2000 letter to Commission on Judicial Nomination: ATT: Stuart Summit

Commission's October 6, 2000 fax with October 4, 2000 report to Governor Pataki

CJA's October 11, 2000 letter to Commission on Judicial Nomination: ATT: Stuart Summit -- "(1) CJA's request, pursuant to Judiciary Law 63.3 and F.O.I.L., for copies of the Commission's prior reports of 'well-qualified' candidates for the Court of Appeals, transmitted to the Governor pursuant to Judiciary Law 63.3.; (2) CJA's request for a copy of the Commission's promulgated rules and regulations governing records access under F.O.I.L., required by Public Officers Law 87.1, as well as for a copy of its 'subject matter list', required by Public Officers Law 87.3(c)"
   (indicated copy to Committee on Open Government)


CJA's October 11, 2000 letter to Commission on Judicial Nomination: ATT: Stuart Summit -- "Verifying the content of the Commission on Judicial Nomination's questionnaire completed by its seven most recent recommendees for the Court of Appeals"

October 12, 2000 letter from Stuart Summit

October 18, 2000 letter from Stuart Summit

CJA's November 16, 2000 letter to Commission on Judicial Nomination: ATT: Stuart Summit -- "The Commission's Older Reports to the Governor"

CJA's April 16, 2001 letter to Commission on Judicial Nomination: ATT: Stuart Summit -- "CJA's unresponded-to information requests plus new information requests"
   (indicated copy to Committee on Open Government)

April 18, 2001 letter from Stuart Summit

2.
SENATE JUDICIARY COMMITTEE --
culminating in
NOVEMBER 29, 2000 hearing -- by invitation-only,
no opposition testimony and CJA was not permitted to testify


CJA's November 13, 2000 letter to NYS Senate Judiciary Committee Chairman Lack and Justice Graffeo -- "The Public's Right to 'Hear' and "Be Heard" at the Upcoming Senate Judiciary Committee Confirmation Hearing on Justice Graffeo's Appointment to the New York Court of Appeals"

CJA's November 21, 2000 letter to NYS Senate Judiciary Committee Chairman Lack

 


CJA's OCTOBER 16, 2000 REPORT ON THE CORRUPTION OF "MERIT SELECTION" BY THE NYS COMMISSION ON JUDICIAL NOMINATION

      Exhibit A-1: "An Appeal to Fairness: Revisit the Court of Appeals", CJA's ltr to editor, NYPost, 12/28/98
      Exhibit A-2: CJA's 3/26/99 ethics complaint to the NYS Ethics Commission
      Exhibit B:  CJA's 9/15/99 ethics complaint/supplement to the NYS Ethics Commission
      Exhibit C-1: CJA's 10/16/00 letter to NYS Commission on Judicial Nomination
      Exhibit C-2: Commission on Judicial Nomination's 10/4/000 report of recommendees
      Exhibit D-1:  CJA's 10/11/00 letter to Commission on Judicial Nomination
      Exhibit D-2:  CJA's 10/11/00 letter to Commission on Judicial Nomination
      Exhibit D-3:  10/13/00 letter from Counsel/Commission on Judicial Nomination
      Exhibit E-1: 2/24/00 letter from Counsel/Commission on Judicial Nomination,
                        
enclosing Commission's 11/12/98 report of recommendees

      Exhibit E-2:  CJA's 3/12/99 letter to Commission on Judicial Nomination
      Exhibit F:  CJA's 2/5/99 letter to Commission on Judicial Nomination
          Ex A-1:  11/25/98 letter from Counsel/Commission on Judicial Nomination
          Ex. A-2: CJA's 12/1/98 letter to Commission on Judicial Nomination
          Ex. B:  CJA's 12/16/98 letter to Senior Counsel/NYS Senate Judiciary Committee
          Ex. C:  "An Appeal to Fairness: Revisit the Court of Appeals", NY Post, 12/28/98
          Ex. D:  CJA's 1/13/99 letter to NYS Senate Judiciary Committee/Clerk
      Exhibit G-1: 4/26/99 letter of Exec.Director/NYS Committee on Open Government
      Exhibit G-2: CJA's 5/3/99 letter to Commission on Judicial Nomination
      Exhibit H: CJA's 10/5/98 letter to Commission on Judicial Nomination
          Ex. A: NYLJ notices, 9/15/98, 9/21/98
          Ex. B-1: Commission on Judicial Nomination brochure
          Ex. B-2-5: Commission on Judicial Nomination questionnaire
          Ex. C: "Where Do You Go When Judges Break the Law?", CJA's $16,770 ad, NYT, 10/26/94 
          Ex. D: "Restraining 'Liars in the Courtroom and on the Public Payroll",
                    CJA's $3,077 ad, NYLJ, 8/27/97
          Ex. E-1: "Commission Abandons Investigative Mandate", NYLJ, 8/14/95
          Ex. E-2: "A Call for Concerted Action", CJA's $1,648 ad, NYLJ, 11/20/96
          Ex. F:  "On Choosing Judges, Pataki Creates Problems", CJA's letter to editor, NYT, 11/16/96
      Exhibit I: CJA's 10/18/98 letter to Exec. Committee/City Bar
      Exhibit J-1:  "On Choosing Judges, Pataki Creates Problems", letter to the editor, 11/16/96
      Exhibit J-2: CJA's 6/12/96 letter to Counsel to Governor Pataki
      Exhibit J-3: CJA's 6/11/96 letter to NYS Senate
          Ex.  A: CJA's April 18, 1996 letter to Counsel/Senate Judiciary Committee
                Ex. D: "Commission Abandons Investigative Mandate", NYLJ, 8/14/95
                Ex. F:  CJA's 3-page analysis of decision in Doris L. Sassower v. Commission
          Ex. B:  CJA's 4/29/96 letter to Counsel to Governor Pataki 
      Exhibit K:  NYS Assembly Bill: 2/23/83 

INVENTORY OF FILE FOLDER A documents pertaining to the Commission on Judicial Nomination's recommendation of Stephen Crane as "well qualified" for appointment to the NY Court of Appeals

INVENTORY OF FILE FOLDER B
documents pertaining to the Commission on Judicial Nomination's recommendation of Juanita Bing Newton as "well qualified" for appointment to the NY Court of Appeals
 

CJA's NOVEMBER 13, 2000 REPORT ON THE COMPLICITY OF THE BAR ASSOCIATIONS IN THE CORRUPTION OF "MERIT SELECTION"
       Exhibit A-1: City Bar President Evan Davis' 10/18/00 letter to Governor Pataki, with accompanying 10/18/00 press release
       Exhibit A-2: 10/19/00 front-page item, NYLJ
       Exhibit A-3:  CJA's 10/16/00 fax coversheet to City Bar Counsel
       Exhibit A-4: CJA's 10/19/00 fax to City Bar Counsel
       Exhibit A-5:  10/19/00 fax from City Bar Counsel
       Exhibit A-6:  10/25/00 fax coversheet from City Bar Counsel, enclosing member rosters
       Exhibit A-7: 11/17/98 fax from City Bar Counsel with Executive Committee membership
       Exhibit B-1: State Bar President's October 24, 2000 letter to Gov. Pataki
                    with "Guidelines for Evaluating Qualifications of Judicial Candidates"
       Exhibit B-2: State Bar's 10/24/00 "News Release"

       Exhibit B-3: 10/25/00 NYLJ front page item on State Bar's ratings
       Exhibit B-4: CJA's 10/25/00 fax to State Bar counsel
       Exhibit B-5: State Bar membership list of Executive Committee & Judicial Selection Committee
       Exhibit B-6: State bar President's 11/2/00 letter to NYS Senate Judiciary Committee
       Exhibit C-1: Women's Bar Association's 10/20/00 "Media Advisory"
       Exhibit C-2: 10/23/00 NYLJ front-page item on Women's Bar ratings
       Exhibit C-3: CJA's 10/23/00 letter to Women's Bar
       Exhibit C-4: website of Women's Bar listing its officers & past presidents
       Exhibit D-1: 10/20/00 letter from President/NYS Trial Lawyers Association to Gov. Pataki's counsel
       Exhibit D-2: Trial Lawyers' October 20, 2000 "News Release"
       Exhibit D-3: 10/24/00 NYLJ front-page item on Trial Lawyers' ratings
       Exhibit D-4: CJA's 10/24/00 letter-fax to Trial Lawyers
       Exhibit E: "Court of Appeals Nominees Grilled by Bar Groups",
                             10/17/00 front-page article, NYLJ
      
Exhibit F-1: Gov Pataki's 11/2/00 press release: "Governor Pataki Nominates Graffeo to
                          Court of Appeals"
       Exhibit F-2: "Pataki Selects Judge for Appeals Court He Sees as Lenient", NYT, 11/3/00
       Exhibit F-3: "Pataki Names Graffeo to Court of Appeals", NYLJ, 11/3/00
       Exhibit G: CJA's 6/20/00 letter to Cit Bar President Evan Davis
       Exhibit H-1: CJA's 9/18/00 letter to Guy Miller Struve & P. Kevin Castel
       Exhibit H-2: 11/3/00 front-page item/NYLJ
       Exhibit I-1: CJA's 11/19/98 letter to Chairman/NYS Bar's Judicial Selection Committee
       Exhibit I-2: CJA's 1/4/99 letter to State Bar President
       Exhibit I-3: CJA's 2/17/99 letter to State Bar President
       Exhibit I-4: February 18, 1999 letter from Counsel/NYS Bar
       Exhibit J-1: "Where Do You Go When Judges Break the Law?"
       Exhibit J-2: 6/1/95 letter to Chairman/State Bar Committee on Professional Discipline
       Exhibit J-3: 6/5/95 letter from Counsel/NYS Bar
      
Exhibit K: CJA's 11/19/98 letter to Co-Chair/Women's Bar Judiciary Committee/
                        with fax coversheets to her & her Co-Chair, and Women's Bar President

 

    3.
CORRESPONDENCE WITH GOVERNOR PATAKI

 

CJA's October 24, 2000 letter to Governor Pataki:  ATT: James McGuire/Counsel -- "CJA's October 16, 2000 Report evaluating the Commission on Judicial Nomination's October 4, 2000 Report of Recommendees for the Court of Appeals"

CJA's November 16, 2000 letter to Governor Pataki/ATT: James McGuire/Counsel -- "Public Access Rights Pursuant to Judiciary Law 63.4: Financial Statement of Victoria Graffeo"

November 21, 2000 letter from Richard Platkin/Deputy Counsel to Governor

 

4.
CORRESPONDENCE WITH CHIEF JUDGE KAYE


CJA's October 24, 2000 letter to Chief Judge Kaye --
"CJA's October 16, 2000 Report evaluating the Commission on Judicial Nomination's October 4, 2000 Report of Recommendees for the Court of Appeals"
      
 Exhibit B-1:  CJA's March 17, 2000 memorandum
        Exhibit B-2:  April 24, 2000 memorandum

 

 

5.
CORRESPONDENCE WITH
FIRST DEPT.
ATTORNEY DISCIPLINARY COMMITTEE

CJA's November 14, 2000 complaint to the Attorney Disciplinary Committee -- ATT: Thomas J. Cahill/Chief Counsel -- "Verified Complaint of Professional Misconduct against the Association of the Bar of the City of New York; the Women's Bar Association of the State of New York; the New York State Trial Lawyers Association; and the New York State Bar Association and the Culpable Lawyers Acting on Their Behalf"

        CJA's November 13, 2000 letter to Association of the Bar of the City of New York

     CJA's November 13, 2000 letter to New York State Bar Association

     CJA's November 13, 2000 letter to New York State Trial Lawyers Association

     CJA's November 13, 2000 letter to Women's Bar Association of NYS

 

* * *

CASE STUDY OF THE PRESS IN ACTION

THE NEW YORK TIMES

CJA's October 17, 2000 letter to David Rohde
        
CJA's October 20, 2000 letter to David Rohde -- "The demonstrated abandonment of 'merit selection' principles by the New York State Commission on Judicial Nomination (a.k.a. corruption)"

CJA's October 26, 2000 letter to Tony Marcano, Metro Editor -- "Governor Pataki's imminent appointment of an associate judge to the New York Court of Appeals"
       
CJA's October 27, 2000 letter to Tony Marcano, Metro Editor --  "Times upcoming coverage of Governor Pataki's imminent appointment of a third associate judge to the New York Court of Appeals"

CJA's November 1, 2000 letter to Albany Bureau -- "Governor Pataki's imminent appointment to the NYS Court of Appeals versus the People's right to 'merit selection'"

CJA's November 1, 2000 letter to Jane Gross, Metro Editor -- "Governor Pataki's imminent appointment (tomorrow a.m.) to the NY Court of Appeals"

CJA's November 2, 2000 letter to Tony Marcano and Jane Gross, Metro Editors, and to David Rohde --  "Following the New York Law Journal's Front-Page Scoop on NYS Commission on Judicial Nomination and its Findingless October 4, 2004 Report of Recommendees for the NY Court of Appeals"

CJA's November 6, 2000 proposed Letter to the Editor -- "The Uses of Secrecy" (NYT column, 11/4/00, Anthony Lewis)

CJA's November 17, 2000 letter to Jonathan Landman, Metro Editor -- "Upcoming Senate Judiciary Committee Confirmation 'Hearing' on Justice Graffeo's Appointment to the New York Court of Appeals"

CJA's November 21, 2000 letter to Jonathan Landman and Tony Marcano, Metro Editors --  "The Times' Duty to Report on the Destruction of the Public's Rights in Matters of Judicial Selection and Discipline"

CJA's December 6, 2000 letter to Laura Mansnerus --  "Evaluating the 'Experiment' of 'Merit Selection' to New York's Highest State Court"

Tony Marcano's December 6, 2000 e-mail response to CJA -- "re your letter"



NEW YORK LAW JOURNAL

CJA's October 19, 2000 letter to Albany Bureau Chief John Caher --
"Upholding the public's right to 'merit selection' of candidates to the Court of Appeals"

CJA's October 19, 2000 letter to Caher -- "Upholding the public's right to 'merit selection' of candidates to the Court of Appeals"

CJA's October 25, 2000 letter to Caher -- "Vindicating the Public's right to 'merit selection' of candidates to the Court of Appeals"

CJA's October 30, 2000 letter to Caher -- "The Commission on Judicial Nomination's NON-COMPLIANCE with the findings requirement of Judiciary Law 63.3"

CJA's November 2, 2000 letter to Caher -- "Vindicating the Public's right to 'merit selection' to the NY Court of Appeals"

CJA's November 15, 2000 letter to Caher -- "Upcoming Senate Judiciary Committee 'Hearing' on Justice Graffeo's Confirmation to the NY Court of Appeals"

CJA's November 21, 2000 letter to Caher -- "'Behind the News': Confirming NY's Highest Judges "Merit Selection' Style"

CJA's November 30, 2000 letter to Caher -- "What 'Merit Selection'?"



NEWSDAY

CJA's November 3, 2000 letter to Albany Bureau -- "Follow Up to 'Pataki's Justice Pick', Newsday, 11/3/00"

CJA's November 3, 2000 fax to Jordan Rau -- "Vindicating the Public's Right to 'Merit Selection' to the NY Ct of Appeals"

CJA's November 16, 2000 letter to Rau --"Upholding the Public's Right to 'Hear' and "Be Heard' at the Upcoming Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the New York Court of Appeals"

CJA's November 22, 2000 letter to Albany Bureau -- "The Public's Right to 'Hear' and "Be Heard' at the Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the NY Court of Appeals: Wednesday, November 29th"

CJA's November 22, 2000 letter to Albany Bureau -- "The Public's Right to 'Hear' and "Be Heard' at the Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the NY Court of Appeals: Wednesday, November 29th"


GANNETT

CJA's October 20, 2000 letter to Yancey Roy -- "Exposing the corruption of the 'merit selection' process to the Court of Appeals"
    
CJA's October 25, 2000 note to Jay Gallagher -- "Exposing the corruption of the 'merit selection' process to the Court of Appeals"

CJA's October 27, 2000 letter to Gallagher

CJA's November 16, 2000 letter to Gallagher -- "Upholding the Public's Right to 'Hear' and "Be Heard' at the Upcoming Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the New York Court of Appeals"

CJA's November 22, 2000 letter to Gallagher  -- "The Public's Right to 'Hear' and "Be Heard' at the Upcoming Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the New York Court of Appeals: Wednesday, November 29th"

CJA's November 28, 2000 letter to Gallagher -- "Tomorrow's 'BY INVITATION ONLY' Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the NY Court of Appeals"

CJA's November 28, 2000 letter to Gallagher -- "Tomorrow's 'BY INVITATION ONLY' Senate Judiciary Committee Hearing on Justice Graffeo's Confirmation to the NY Court of Appeals"

November 29, 2000
"Critics pan closed hearing on judge's nomination"
Journal News (Jay Gallagher)

"Invitees-Only Hearing on New Judge Criticized"
(Jay Gallagher)

"Senate Confirms New Judge to State's Highest Court"
(Jay Gallagher)

 

-----------------------------------------------------------------------------------------

POST-SCRIPT FOLLOW-UP:

 

CORRESPONDENCE
WITH CHIEF JUDGE KAYE

CJA's December 9, 2000 letter to Chief Judge Kaye  -- "Presentment of CJA's November 13, 2000 Report to Your Committee to Promote Public Trust and Confidence in the Legal System & Removal of Four of Its Members"

CJA's March 1, 2001 letter to Chief Judge Kaye --
"CJA's December 9, 2000 letter"  
(indicated copy to Committee to Promote Public Trust & Confidence in the Legal System-c/o Patricia Bucklin/Counsel)

See also  pages 57-59 of May 1, 2002 disqualification/disclosure motion in Elena Ruth Sassower v. Commission on Judicial Conduct of the State of New York (NY Court of Appeals)

 

 

 

CORRESPONDENCE
WITH JUDICIAL INSTITUTE
 

CJA's March 7, 2001 letter to Chairman Louis Craco -- "Holding the Bar Associations and Their Culpable Lawyers to Account for their Complicitous Role in the Corruption of 'Merit Selection' to the New York Court of Appeals"     (indicated copies to Committee to Promote Public Trust and Confidence in the Legal System & First Dept. Disciplinary Committee)
 

March 21, 2001 letter from Institute Counsel Antonio Galvao


 

CORRESPONDENCE
WITH COMMITTEE TO PROMOTE PUBLIC TRUST
& CONFIDENCE IN THE LEGAL SYSTEM

CJA's March 2, 2001 letter to Counsel Patricia Bucklin -- "Placing CJA's November 13, 2000 Report on the Agenda of The Upcoming Meeting of the Committee to Promote Public Trust and Confidence in the Legal System"

CJA's March 7, 2001 letter to Counsel Bucklin

May 9, 2001 letter from Committee Co-Chair Supreme Court Justice Evelyn Frazee

CORRESPONDENCE
WITH
FIRST DEPT. ATTORNEY DISCIPLINARY COMMITTEE

Attorney Disciplinary Committee's December 11, 2000 letter

CJA's  February 26, 2001 letter to the Attorney Disciplinary Committee - ATT: Thomas J. Cahill/Chief Counsel -- "CJA's November 14, 2000 complaint docketed as #2000.3089: Association of the Bar of the City of New York; #2000-2090: Women's Bar Association of the State of New York; #2000-3091: New York State Trial Lawyers Association; #2000.3157: New York State Bar Association"

CJA's March 7, 2001 letter -- "CJA's November 14, 2000 complaint docketed as #2000.3089: Association of the Bar of the City of New York; #2000-2090: Women's Bar Association of the State of New York; #2000-3091: New York State Trial Lawyers Association; #2000.3157: New York State Bar Association"
    -- enclosing CJA's March 2, 2001 letter to Committee to Promote Trust and Confidence in the Legal System and CJA's March 7, 2001 letter to the Institute on Professionalism in the Law


Attorney Disciplinary Committee's March 21, 2001 letter

Attorney Disciplinary Committee's April 3, 2001 letter

 

 

 

 

click here for:
OTHER 'MERIT SELECTION"
COURT OF APPEALS APPOINTMENTS


 

 

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