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Webpage of CJA's October 14, 2016 conflict-of-interest/misconduct complaint
vs Albany D.A. Soares & New York's Other D.A.s

 

CJA's October 14, 2016 Conflict-of-Interest/Misconduct Complaint to the Attorney Disciplinary Committees of New York's Four Appellate Divisions --
RE:  Testing the efficacy of New York’s attorney disciplinary committees in policing district attorney conflicts of interest and obligations to report attorney misconduct: 
        
(1) conflict-of-interest/misconduct complaint against Albany County District Attorney P. David Soares for “sitting on” corruption complaints presenting threshold issues of his financial and other interests;
            (2) conflict-of-interest/misconduct complaint against New York’s other district attorneys for colluding in D.A. Soares’ nonfeasance with respect to the corruption complaints in which they are similarly interested;
           
(3) referral of D.A. Soares and all New York’s complicit district attorneys to criminal authorities for their larcenous pocketing of district attorney salary increases they know to be unlawful and for their other knowing and deliberate violations of penal laws they are charged with enforcing.

             transmitting e-mails to DA's -- 1st Dept; 2nd Dept; 3rd Dept; 4th Dept.

       coverletter to 1st Dept. attorney disciplinary committee      
      coverletter to 2nd Dept. attorney disciplinary committees
      coverletter to 3rd Dept. attorney disciplinary committee
      coverletter to 4th Dept. attorney disciplinary committees

      delivery receipts for all eight disciplinary committees

VIDEO of June 8, 2016 "public forum" on Commission on Prosecutorial Conduct,
sponsored by Senator John DeFrancisco & Assemblyman Nick Perry

Senate Bill 24-B
Assembly Bill 1131-B

CJA's October 5, 2016 e-mail to Assemblyman Perry's Legislative Director  --
"Subject: Proposed Commission on Prosecutorial Conduct"
 

Exhibit A:      CJA's July 19, 2013 corruption complaint to D.A. Soares       webpage with referred-to substantiating PROOF
              
                                                                                                               

                           enclosed, incorporated, April 15, 2013 corruption complaint to U.S. Attorney Bharara


Exhibit B:      CJA's January 7, 2014 (first) supplemental complaint   
webpage with referred-to substantiating PROOF

Exhibit C:      CJA's June 21, 2016 (second) supplemental complaint to D.A. Soares  webpage with referred-to substantiating PROOF

Exhibit D:      CJA's June 29, 2016 letter to District Attorneys Association of the State of New York (DAASNY)   
                                                                                                           webpage with referred-to substantiating PROOF

                            Enclosure #1:    CJA's June 10, 2016 e-mail to DAASNY Pres Zugibe --
                                                          "What are your positions? -- beginning with repal of the statutory link between D.A. & judicial salaries"

                           Enclosure #2:    CJA's November 13, 2013 letter to D.A. Soares --
                                                        "What are Your Procedures for Handling Public Corruption Complaints
                                                        & Other Questions that an Unconflicted Commission to Investigate Public Corruption Would Ask""

Exhibit E:    CJA's July 1, 2016 letter to the 62 District Attorneys of the 62 Counties of New York State     
                                                                                                                                     webpage with referred-to substantiating PROOF

Exhibit F:    CJA's July 8, 2016 letter to NYS county governments whose judicially-linked D.A. salaries are paid
                              from their county budgets
              
webpage with referred-to substantiating PROOF

                                                -- & some further direct links to the EVIDENCE:

                    *   VIDEO of CJA Director's testimony before Commission to Investigate Public Corruption
                         at its September 17, 2013 public hearing

                  *   CJA's April 23, 2014 motion to intervene in the Legislature's declaratory judgment action
              
vs Commission to Investigate Public Corruption,  NYS Senate et al. v. Kathleen Rice, et al.

*     CJA's December 31, 2015 letter to then Westchester Co. District Attorney/Chief Judge Nominee Janet DiFiore
webpage for letter:  here 

*   *   *

                   sole substantive response from New York's district attorneys:
                                July 1, 2016 e-mail from Allegany County District Attorney Keith Slep -- "Your an idiot."

*   *   *

 CJA's second citizen-taxpayer action, commenced September 2, 2016 

*   *   *

 

New York's Rules of Professional Conduct -- Part 1200

 

National Prosecution Standards of the National District Attorneys Association

Section 1-3.3 “Specific Conflicts”, Subdivision (D): 

“The prosecutor should excuse himself or herself from any investigation, prosecution, or other matter where personal interests of the prosecutor would cause a fair-minded, objective observer to conclude that the prosecutor’s neutrality, judgment, or ability to administer the law in an objective manner may be compromised.”

Section 1-3.4 “Conflict Handling”:

“Each prosecutor’s office should establish procedures for handling actual or potential conflicts of interest. These procedures should include, but are not limited to:

             a. The creation of firewalls and taint or filter teams to ensure that prosecutors with a conflict are not improperly exposed to information or improperly disclose information; and  

             b. Methods to accurately document the manner in which conflicts were handled to ensure public trust and confidence in the prosecutor’s office.”  

Section 1-3.5 “Special Prosecutors”:

“Where an actual or potential conflict of interest exists that would prevent the prosecutor’s office from investigating or prosecuting a criminal matter, the prosecutor’s office should appoint, or seek the appointment of a “special prosecutor,” or refer the matter to the appropriate governmental authority as required by law….” 

Section 1-1.6 “Duty to Respond to Misconduct”:

“A prosecutor is obligated to respond to professional misconduct that has, will, or has the potential to interfere with the proper administration of justice:

            a. Where the prosecutor knows that another person associated with the prosecutor’s office has engaged, or intends to engage in professional misconduct that could interfere with the proper administration of justice, the prosecutor should address the matter in accordance with internal office procedures.

            b. If the office lacks adequate internal procedures to address allegations of professional misconduct, a prosecutor who learns of the misconduct may, in the first instance, request that the person desist from engaging in the misconduct. If such a request is, or is likely to be, futile or if the misconduct is of a sufficiently serious nature, a prosecutor should report the misconduct to a higher authority within the prosecutor’s office.

            c. If, despite a prosecutor’s best efforts, no action is taken in accordance with the prior procedures to remedy the misconduct, a prosecutor should report the misconduct to appropriate officials outside the prosecutor’s office (to the extent permitted by the law and rules of ethical conduct of the state).

           d. A prosecutor’s failure to report known misconduct may itself constitute a violation of the prosecutor’s professional duties.”

 

 

   NEW YORK's ATTORNEY DISCIPLINARY COMMITTEES  

First Department Attorney Disciplinary Committee

Second Department Attorney Disciplinary Committees

Third Department Attorney Disciplinary Committees

Fourth Department Attorney Disciplinary Committees 

 

        District Attorneys Association of the State of New York   

*   *   *

click here for:  

MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES

 


"The Case Against a Commission on Prosecutorial Conduct", June 15, 2016, The Slant (Thomas Zugibe)

"New York lawmakers push bill to review complaints against district attorneys", June 12, 2016, Daily News (Glenn Blain)

"Steven K. Downs Proposes Commission on Prosecutorial Conduct at Court of Appeals",

 

 

 

 

 

Responses -- & CJA's requests for reconsideration

 
 

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