September 28, 2005
The Honorable Judith S. Kaye
Chief Judge of the State of New York
New York State Unified Court System
Office of Court Administration
25 Beaver Street
New York, NY 10004
Re: Illegal Quid Pro Quo Judicial Nominations Agreement
My Dear Judge Kaye:
For Your Honor’s information, edification and elucidation, we enclose copies of news reports in The Journal News, along with our letters to Judges Lippman and Alessandro, calling upon them to rescind their respective acceptances of the tainted judicial nominations.
Yes, §6-120(4) of the Election Law permits an exception for judicial office from the cross-endorsement prohibition, but it does not stand alone. Such must be read in the context of the more specific penal prohibitions of §17-158, which the former section does not override. Such provisions render the bartering of nominations a felony. Had Democrat Westchester Chairman Lafayette persuaded the Republican Westchester Chair Panio, to endorse an outstanding sitting judge, a Democrat, with no strings attached; fine. Perhaps, acknowledging receptivity in the future to consider an outstanding Republican judge; possibly kosher. But that is a far cry from this case, involving a clear-cut contemporaneous contract, i.e., a Quid pro Quo.
As reported, Democratic Chair Lafayette agreed, unequivocally, that in exchange for Judge Lippman’s Republican endorsement the Democratic endorsement would be given to Judge Alessandro, a judge found “not qualified” by the Westchester Bar Association (most unusual for the WBA) and mired in a sordid lawsuit charging fraud and deceit, involving a quarter million dollars and breach of ethics as an attorney. Likewise, Republican Chair Panio agreed to the specified exchange, so that Judge Lippman’s election would be assured. A quintessential contract!
Based on Your Honor’s prompt, decisive actions in the wake of the recent Brooklyn Supreme Court judicial scandal, the Center for Judicial Accountability, Inc. respectfully calls upon you to perform the duties of your office as Chief Judge of the State of New York and of its Court of Appeals by taking such action as would be appropriate. Needless to say, this would include exercising your formidable powers of persuasion to have these two nominees withdraw and rescind their acceptances of these improperly given Supreme Court nominations so as to avoid having this shameful situation bring further discredit and disrepute on our New York State Judiciary.
We stand ready to support and assist you in this vital endeavor and hope to hear back from you before the week is out.
Yours for a quality judiciary,
DORIS L. SASSOWER, Director
Enclosures (4)
3 Journal News articles (9-24-05 and 9-27-05)
1 CJA cover fax and letter dated 9/27/05 to Judges Lippman and Alessandro and others, et al.
