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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)
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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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