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FREEDOM OF INFORMATION & OTHER
INFORMATIONAL REQUESTS PERTAINING TO GOVERNOR PATAKI'S JUDICIAL APPOINTMENTS
& THE JUDICIAL APPOINTMENTS PROCESS
New York State's
Freedom of Information Law (Public Officers Law, Article 6) --
"The legislature hereby finds
that a free society is maintained when government is responsive and responsible
to the public, and when the public is aware of governmental actions...
The people's right to know the
process of governmental decision-making and to review the documents and
statistics leading to determinations is basic to our society...
The legislature therefore declares that government is the public's business
and that the public, individually and collectively and represented by a free
press, should have access to the records of government, should have access to
the records of government in accordance with the provisions of this article."
TO GOVERNOR PATAKI, HIS RECORDS ACCESS OFFICER, & COUNSEL
1996
CJA's January 10, 1996 letter to Susan
Meier/Legislative Asst./Governor Pataki
[O'Rourke]
CJA's refaxing of
January 10, 1996 letter on January 16, 1996 (Linda DiBernardo); January 29, 1996 (Priscella Aboudreau); and
February 12, 1996 (Kathleen Sandvidge)
[O'Rourke]
CJA's April 29, 1996 letter to
Michael Finnegan, Counsel/Governor Pataki [Newton]
(indicated copies to Senate Judiciary Committee, City Bar, Fund for
Modern Courts, NY media)
Ex. A: CJA's repeatedly refaxed January 10, 1996 fax
Ex. B: CJA's March 29, 1996 & April 24, 1996 ltrs to Mr. Finnegan
Ex. C: NYLJ item, 6/29/95
Ex. D: CJA's April 18, 1996 ltr to David Gruenberg
Ex. E: Executive Order #10: Judicial Screening Committees
Ex. F: Executive Order #11: Temporary Judicial Screening Committee
CJA's June 12, 1996 letter to
Michael Finnegan, Counsel/Governor Pataki
(indicated copies to Senate Judiciary Committee, Juanita Bing Newton,
Commission on Judicial Conduct, Assembly
Judiciary Committee)
1997
CJA's
June 2, 1997 letter to Governor Pataki -- "RE: The
public's right to basic information and your unworthy appointment of
Justice Nicholas Colabella to the Appellate Division, First Department"
1999
CJA's
March 30, 1999 letter to Rosario Vizzie, Governor Pataki's Records
Access Officer (Assistant Counsel) -- "RE: The Governor's Disclosure
Obligations under the Freedom of Information Law"
Ex. A: CJA's March 12, 1999 letter to the State Commission on
Judicial Nomination
Ex. B: CJA's February 5, 1999 letter to the State Commission on
Judicial Nomination
Ex. C: CJA's
June 2, 1997 letter to Governor Pataki
Assistant Counsel
Vizzie's April 7, 1999 letter
Assistant Counsel
Vizzie's May 6, 1999 letter
CJA's December 2, 1999 letter to Gov. Pataki -- Att: James McGuire/Counsel
2001
CJA's
March 30, 2001 letter to Assistant Counsel Rosario Vizzie -- "RE: (1)
CJA's Outstanding March 30, 1999 F.O.I.L. Request; (2) Supplement to CJA's March
30, 1999 F.O.I.L. Request"
Assistant Counsel
Vizzie's April 5, 2001 letter
Assistant Counsel
Vizzie's May 4, 2001
Assistant Counsel
Vizzie's May 17, 2001 letter
CJA's June 4, 2001 letter to
Assistant Counsel Vizzie -- "RE: Your May 17, 2001 letter"
Assistant Counsel
Vizzie's June 11, 2001 letter
2002
CJA's
December 6, 2002 letter to Mark Ustin/Governor Pataki's Records
Access Officer -- "RE: CJA's March 30, 1999 F.O.I.L. request and March
30, 2001 supplement, for, inter alia, (1) the 'written reports of the
qualifications of Governor Pataki's judicial appointees, prepared by his
judicial screening committees; and (2) documents pertaining to the operations
and procedures of the Governor's judicial screening committees"
2003
CJA's
January 9, 2003 letter to Assistant Counsel Ustin --
"RE: CJA's unresponded-to December 6, 2002 F.O.I.L. request -- herein now
supplemented"
Assistant Counsel Ustin's January 13, 2003 letter
CJA's
April 16, 2003 letter to Mark Ustin, Governor Pataki's Assistant Counsel/Records Access Officer
-- "RE: F.O.I.L. Requests of December 6, 2002 & January 9, 2003; (2)
F.O.I.L. Requests of January 14, 2003 & January 16, 2003; (3) Newly-Initiated
F.O.I.L. Request Pertaining to the Governor's 'Federal Appointments Screening
Committee'/'Federal Judicial Screening Committee"
Assistant Counsel
Ustin's April 23, 2003
Assistant Counsel
Ustin's November 5, 2003 letter
Assistant Counsel
Ustin's November 6, 2003 letter
CJA's December 5, 2003 letter to
W. Brooks DeBow, Governor Pataki's Deputy Counsel -- "RE: CJA's April
16, 2003 F.O.I.L. Request Pertaining to the Governor's 'Federal Appointments
Screening Committee'/Federal Judicial Screening Committee"
CJA's December 6, 2003
letter to Deputy Counsel W. Brooks DeBow --
"RE: CJA's December 6, 2002 and January 9, 2003 F.O.I.L. Requests Renewing and
Supplementing CJA's March 30, 1999 and March 30, 2001 F.O.I.L. Requests
Pertaining to the Governor's Judicial Screening Committees for the Lower State
Courts, as well as CJA's Requests for the Financial Statement of Albert
Rosenblatt in Connection with his Appointment to the New York Court of Appeals"
Deputy Counsel
DeBow's December 19, 2003 letter
responding to December 5, 2003 letter-- "RE: FOIL Appeal 2003-4 (FOIL Appeal
Request Dated December 5, 2003 and Received on December 5, 2003"
Deputy Counsel
DeBow's December 19, 2003 letter
responding to December 6, 2003 letter -- "RE: FOIL Appeal 2003-3 (FOIL Appeal
Request Dated December 6, 2003 and Received on December 8 2003)"
Assistant Counsel
Ustin's December 22, 2003 letter
CJA's December 26, 2003 letter to
Deputy Counsel DeBow -- "RE" FOIL APPEAL 2003-3: CJA's December 6, 2002
and January 9, 2003 F.O.I.L. Requests, Renewing and Supplementing CJA's March
30, 1999 and March 30, 2001 F.O.I.L. Request Pertaining to the Governor's
Judicial Screening Committees for the Lower State Courts, as well as CJA's
Requests for the Financial Statement of Albert Rosenblatt in Connection with his
Appointment to the Court of Appeals"
TO GOVERNOR PATAKI'S JUDICIAL SCREENING COMMITTEES
2000
CJA's
February 24, 2000 letter to Nan Weiner, Executive
Director/Governor Pataki's Judicial Screening Committees
-- "RE: Confirmation of Mailing & Informational Requests"
[Wetzel]
2001
CJA's
March 30, 2001 letter to Nan Weiner, Executive Director/Governor Pataki's Judicial
Screening Committees
-- "RE: Requests for (1) information as to the
screening process relating to the designation of Supreme Court Justice Stephen
G. Crane to the Appellate Division, Second Department; (2) access to the
judicial screening committee report of Justice Crane's qualifications, as well
as to the judicial screening committee reports of the qualifications of all the
Governor's other judicial appointments/designees; (3) a copy of blank
questionnnaire forms which the judicial screening committees require candidates
to complete; (4) a copy of the judicial screening committees' most recent
'Uniform Rules'; (5) information as to the newly-created 'Federal Appointments
Screening Committee', including its membership, rules and procedures,
questionnaire forms, and telephone numbers"
CJA's June 18, 2001 letter to Nan
Weiner, Executive Director/Governor Pataki's Judicial Screening Committees
-- "RE: Governor Pataki's Reappointment of Judge William A. Wetzel to the
Court of Claims, Scheduled for a Senate Judiciary Committee Hearing on
Wednesday, June 20, 2001"
[Wetzel]
(indicated copy to Senate Judiciary Committee)
CJA's June 21, 2001 letter to Nan
Weiner, Executive Director/Governor Pataki's Judicial Screening Committees --
"RE: Request for clarification and for the 'written reports' of the
qualifications of Court of Claims Judge William A. Wetzel"
[Wetzel]
2002
CJA's February 7, 2002 letter to Nan Weiner, Exec. Director/Gov Pataki's
Judicial Screening Committees -- "RE: First Department Judicial
Screening Committee's Purported Review of Qualifications of Candidates for
Presiding Justice of the Appellate Division First Department -- and Failure to
Provide Requested Information and Documents"
[Designation of Presiding Justice-Appellate Division]
CJA's December 12, 2002 letter to Nan Weiner, Executive Director/Governor Pataki's
Judicial Screening Committees -- "RE: Publicly-Available
Information Regarding Governor Pataki's Appointment of Senate Judiciary
Committee Chairman James J. Lack to the Court of Claims" [Lack]
2003
CJA's
April 16, 2003 letter to Nan Weiner, Executive Director/Gov. Pataki's Judicial
Screening Committees -- "RE: (1) CJA's April 16, 2003 F.O.I.L. request
to the Governor's Records Access Officer; (2) CJA's March 30, 2001 letter to you
for information and documents -- to which we have received no response from you"
[FOIL, etc]
TO SENATE JUDICIARY COMMITTEE
2001
CJA's December 19, 2001 FOIL request to Senate Judiciary Committee
-- "RE: Request for Information Pertaining to Senate Confirmation of
Governor George Pataki's Judicial Appointees to the Lower State Courts and to
the New York Court of Appeals -- and Request to Inspect Relevant Documents
Pursuant to F.O.I.L."
CJA's December
19, 2001 FOIL request to Senate Judiciary Committee -- "RE: F.O.I.L.
Request to Inspect Documents from the Record of the Senate Judiciary Committee's
January 27, 1987 'Public Hearing to Consider the Nomination of JOSEPH W.
BELLACOSA as an Associate Judge to the New York State Court of Appeals"
2002
Senate Judiciary Committee's
January 4, 2002 letter -- "RE: Foil Requests of December 19, 2001"
Senate Judiciary Committee's
January 16, 2002 letter
CJA's January 22, 2002 letter to Senate Judiciary Committee
-- "RE" CJA's December 19, 2001 F.O.I.L. Requests"
CJA's February 8, 2002 letter to Senate Judiciary Committee
-- "RE" CJA's December 19, 2001 F.O.I.L. Requests"
CJA's April 26, 2002 letter to Senate Judiciary Committee
--
"RE" CJA's December 19, 2001 F.O.I.L. Requests"
Senate Judiciary Committee's
May 8, 2002 letter
CJA's June 24, 2002 letter to Senate Judiciary Committee
--
"RE: Inspection of F.O.I.L.-requested documents pertaining to Governor Pataki's
judicial appointees"
Senate Judiciary Committee's
June 26, 2002 letter
CJA's June 26, 2002 letter to Senate
Judiciary Committee --
"RE: Inspection of F.O.I.L.-requested documents pertaining to Governor
Pataki's judicial appointees"
CJA's July 16, 2002 letter to Senate Judiciary Committee
--
"RE: Inspection of F.O.I.L.-requested documents pertaining to Governor
Pataki's judicial appointees"
CJA's July 31, 2002 letter to Senate Judiciary Committee
--
"RE: Inspection of F.O.I.L.-requested documents pertaining to Governor
Pataki's judicial appointees"
CJA's October 31, 2002 letter to Senate Judiciary Committee
--
"RE: Inspection of ALL publicly-available documents pertaining to Governor
Pataki's judicial appointees, as requested by CJA's December 19, 2001 F.O.I.L.
requests"
CJA's November 6, 2002 letter to Senate Judiciary Committee
--
"RE: Inspection of ALL publicly-available documents pertaining to Governor
Pataki's judicial appointees, as requested by CJA's December 19, 2001 F.O.I.L.
requests"
Senate Judiciary Committee's November 22, 2002 letter
CJA's November 22, 2002 letter
--
"RE: Inspection of ALL publicly-available documents pertaining to Governor
Pataki's judicial appointees, as requested by CJA's December 19, 2001 F.O.I.L.
requests"
CJA's December 16,
2002 letter to Senate Judiciary Committee -- ATT: Chairman Lack --
"RE: CJA's Opposition to Senate Confirmation of your Nomination to the Court of
Claims; Request for Production of CJA's Original Submissions; Request to Testify
in Opposition; Request for the Presence of a Court Stenographer; Request for
Publicly-Available Documents Pertaining to your Nominations"
[Lack]
(indicated copies to Senate Leadership)
2003
CJA's February 10,
2003 letter to Chairman DeFrancisco --
"RE" (1) CJA's request that Senate Judiciary Committee members be provided
with copies of CJA's January 22, 2003 written statement, with appendix
documents; (2) CJA's request for a meeting with Chairman DeFrancisco to discuss
the January 22, 2003 written statement; (3) The practices and procedures of the
Senate Judiciary Committee for preserving the records of its confirmation
proceedings for Court of Appeals and 'lower' state court judges"
Ex. A-1:
CJA's December 19, 2001 FOIL request to inspect documents submitted to the Senate
Judiciary Committee in opposition to confirmation of Joseph Bellacosa to the
Court
of Appeals
Ex. A-2:
May 8, 2002 letter of Senate Judiciary Committee Counsel
Ex.
B-1: CJA's December 1, 2000 fax to Senate Judiciary Committee
Ex. B-2:
CJA's January 4, 2001 letter to Senate Judiciary Committee
Ex. B-3:
1/9/01 letter of Senate Judiciary Committee Counsel
Ex. B-4:
CJA's March 26, 2001 letter to Senate Judiciary Committee
Ex. B-5:
Pages 42-3 of the transcript of Senate Judiciary Committee Committee's
November 29, 2000 hearing on Victoria Graffeo's confirmation
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