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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
--
"Public Access Rights Pursuant to Judiciary Law 63.3"
CJA's February 9, 2007 letter to Senate Judiciary
Committee Chair DeFrancisco -- ATT: Chief of Staff Carole Luther
--
"(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
Chair DeFrancisco
-- ATT: Chief of Staff Luther
--
"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 Chair DeFrancisco -- ATT: Chief
of Staff Luther --
"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 Chair DeFrancisco
--
"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 Chair DeFrancisco
--
"Re: Testimony of Doris L. Sassower"
CJA's March 5, 2007 e-mail to ALL
Senators
--
"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 Chair DeFrancisco
--
ATT: Chief of Staff Carole Luther -- "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 Boggess
CJA's
March 20, 2007 letter to Secretary of Senate Boggess
March 28, 2007 letter from Secretary of
Senate 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 --
"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 7, 2007
"Spitzer
gets list of seven nominees for state's highest court"
(Mark Johnson)
CJA's February 22, 2007 e-mail to Mike Gormley/Albany Bureau Chief; Mark
Johnson, Marc Humbert --
"CJA's draft written statement in opposition
to Chief Judge Kaye's confirmation"
CJA's March 2, 2007 - March 3, 2007 --
"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 --
"PRESS
ALERT: POSTPONEMENT OF CHIEF JUDGE KAYE'S CONFIRMATION"
March 6, 2007
"Chief Judge Kaye reconfirmed over some Republican
opposition"
(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 --
"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 --
"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 --
"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"
(Yancey Roy-Journal News)
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 --
"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 --
"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 --
"Tuesday,
March 6, 2007 Confirmation Hearing -- Chief Judge Judith Kaye"
March 7, 2007
"Albany: Chief Judge Confirmed"
Metro Briefing -AP
NEW YORK LAW JOURNAL
CJA's February 23, 2007 e-mail to Jeff Storey (Executive Editor)
--
"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 --
"Tuesday, March 6, 2007 Confirmation Hearing -- Chief Judge Judith Kaye"
March 7, 2007
"Kaye
Confirmed", front page
ALBANY TIMES
UNION:
February 7, 2007
"Spitzer reappoints Kaye as chief judge"
Michele Morgan Bolton
February 12, 2007
"Justice and Gov.
Spitzer"
Editorial
Februry 15, 2007
"Egan among Spitzer's selections"
Elizabeth Benjamin
CJA's February 21, 2007 letter to Elizabeth
Benjamin --
"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 --
"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 --
"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 --
"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 --
"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 --
"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 --
"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 --
"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 --
"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 --
"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 -- "Tuesday, March 6, 2007 Confirmation
Hearing -- Chief Judge Judith Kaye"
March 6, 2007:
"Kaye Gets Confirmed, But With Opposition"
James Odato
NEWSDAY
January 17, 2007
"Spitzer
gets list of seven nominees for state's highest court",
AP-Mark
Johnson
February 8, 2007
"Spitzer
moves to have top state judge stay on"
AP
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) --
"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 --
"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 -
"Tuesday, March 6, 2007 Confirmation Hearing -- Chief Judge Judith
Kaye"
March 6, 2007
"Chief Judge Kaye reconfirmed over some
Republican opposition"
AP-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 --
"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 --
"CJA's
opposition to Chief Judge Kaye"
CJA's March 6, 2007 e-mail to Bill Hammond & Joe Mahoney -
"Tuesday, March 6, 2007 Confirmation Hearing -- Chief Judge Judith
Kaye"
NEW YORK POST
CJA's February 23, 2007 e-mail to
Frederic Dicker --
"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 --
"CJA's
opposition to Chief Judge Judith Kaye"
CJA's March 6, 2007 e-mail to Dicker & Lovett -
"Tuesday, March 6, 2007 Confirmation Hearing --
Chief Judge Judith Kaye"
March 7, 2007
"Judge Verdict Split"
AP
NEW YORK SUN
CJA's February 26, 2007 e-mail to Jacob Gershman --
"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 --
"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 -
"Tuesday, March 6, 2007 Confirmation Hearing -- Chief Judge Judith
Kaye"
BUFFALO NEWS
CJA's March 6, 2007 e-mail to Tom Precious -
"Tuesday, March 6, 2007 Confirmation Hearing -- Chief Judge Judith
Kaye"
* * *
click here for:
OTHER 'MERIT SELECTION"
COURT OF APPEALS APPOINTMENTS
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