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INVENTORY of 11 lbs of
EVIDENTIARY SUBSTANTIATION
TO CJA'S MARCH 26, 1999 ETHICS COMPLAINT
(Blue) FOLDER IV:
Governor Pataki's
Manipulation of Lower State Court Judgeships and Paul Shectman's Active
Complicity as Chairman of the Governor's State Judicial Screening
Committee:
Appointment & Confirmation of Westchester County
Executive Andrew O'Rourke to the Court of Claims & Waiver
CJA's December 15,
1997
letter to Paul Shechtman, Chairman/Governor Pataki's State Judicial Screening
Committee
Ex. A: CJA's June 9, 1997 letter
to NYS Ethics Commission
Ex. B: CJA's April 15, 1997 letter
to Governor Pataki
Ex. C: CJA's April 11, 1997 letter
to Reverend Robert Eggenschiller, member/NYS Ethics Commission
Ex. D: "Restraining
'Liars in the Courtroom' and on the Public Payroll", CJA's $3,077 ad, NYLJ,
8/27/97
Ex. E: "O'Rourke
nominated for state judgeship", Gannett, 12/13/97
Ex. F: CJA's June 12, 1997 memo
to recipients of CJA's 6/2/97 letter to Governor Pataki
Ex. G: CJA's June 10, 1997 letter
to Mr. Shechtman
Ex. H: CJA's
June 16, 1997 & June 20, 1997 letters to Mr. Shechtman
CJA's December 23, 1997 letter to
James McGuire, Counsel/Governor Pataki
Ex. A:
CJA's June 2, 1997 letter to Governor Pataki
Ex. B: CJA's December 3, 1997 fax coversheet to Nan Weiner
Ex. C: CJA's December 12, 1997 letter to Nan Weiner
Ex. D: CJA's
December 15, 1997 letter to Paul Shechtman
Ex.
E: CJA's December 15, 1997 fax coversheet to Nan Weiner
Ex.
F: NYLJ, ad, 11/26/97
Ex. G-1:
"O'Rourke not qualified to serve as judge", letter to editor by Eli
Vigliano, Esq., Gannett, 12/3/97
Ex. G-2:
"O'Rourke could be wearing judge's robes in January", Gannett, 12/22/97
CJA's December 26, 1997 letter
to Andrew O'Rourke (with copies for Governor & Chairman Shechtman)
-- enclosing:
NJC's November 2, 1992 letter to
reporter Ed Tagliaferri, Gannett
"O'Rourke
not qualified to serve as judge", letter to editor, Gannett, 12/3/97
"Untrustworthy
Ratings?", letter to editor, NYT, 7/17/92
"O'Rourke
could be wearing judge's robes in January", Gannett, 12/22/97
CJA's
December 29, 1997 letter to Members of State Judicial Screening Committee
(with copies for Governor & Chairman Shectman)
CJA's January 5, 1998 fax coversheet to James McGuire & Paul Shectman,
transmitting
CJA's
January 2, 1998
letter to Senate Judiciary Committee
Ex A: "O'Rourke could be wearing judge's
robes in January", Gannett, 12/22/97
Ex. B: CJA's December 22, 1993 letter to Senate Judiciary Committee counsel
Ex. C: CJA's December 18, 1997 letter to Secretary of the Senate
CJA's January 9,
1998 fax coversheet to James McGuire & Paul Shechtman, transmitting
CJA's January 8, 1998 letter to Senate
Judiciary Committee
CJA's
January 7, 1998 letter to Chief Judge Judith Kaye -- "RE:
Safeguarding the Public's Rights and Interest in the State Judicial Appointments
Process"
Ex. A: "On Choosing Judges, Pataki Creates Problems", letter to
editor, NYT, 11/16/96
Ex. B-1: CJA's July
25, 1997 letter to James Gill,
Chairman/1st Dept Judicial Screening Committee
Ex. B-2-6:
follow-up faxes to 1st Dept. Judicial Screening Committee
Ex. C-1: "Restraining 'Liars in the Courtroom' and on the Public
Payroll", CJA's $3,077 ad, NYLJ, 8/27/97
Ex. C-2: NYLJ item, 9/22/97
Ex. D: NYLJ item, 12/26/97
Ex. E: receipted first page of CJA's
December 29, 1997
memo to members of State Judicial Screening Committee
CJA's
January 13, 1998
notice to Senators "WHY YOU MUST VOTE AGAINST SENATE
CONFIRMATION OF ANDREW O'ROURKE TO A $113,000 COURT OF CLAIMS JUDGESHIP"
(distributed to ALL Senate offices)
Relevant Newspaper Reportage on the O'Rourke
Waiver:
"O’Rourke's
Appointment was Illegal"
Daily News, Letter
to the Editor by Elena Ruth Sassower, February 13, 1998
(Blue) FOLDER IVa:
NJC's May 1, 1992 critique of Andrew O'Rourke's responses to the U.S.
Senate Judiciary Committee questionnaire pertaining to his
qualifications for the U.S. District Court, Southern District of New
York
Supporting Evidentiary Compendium
Exhibit A: Public portion of the Senate Judiciary Committee
questionnaire of Andrew O'Rourke, 1/10/92
Exhibit B:
NJC's November 20, 1991 letter to Senate Judiciary Committee
Exhibit C:
NJC's January 10, 1992 letter to Senate Judiciary Committee
Exhibit D:
American Bar Association's "Personal Data Questionnaire"
Exhibit E:
Association of the Bar of the City of New York's "Uniform Judicial Questionnaire
Exhibit F:
Affidavit of Richard Barbuto, Esq., sworn to April 26, 1992
Exhibit G:
Westchester County "Information Guide", p. 6
Exhibit H:
Location map of downtown White Plains and County Office Building
Exhibit I:
1991 Lawyers' Diary, White Plains listings
Exhibit J: Surlak separation agreement, signed May 23, 1973
Exhibit
K-1: Complaint in Surlak v. Surlak
Exhibit K-2: Amended verified complaint in Surlak v.
Surlak
Exhibit
K-3: Verified complaint in Surlak v. Surlak
Exhibit L: Westchester County Clerk's docket sheet, Surlak v. Surlak
Exhibit M:
Coverpages of appellate brief & appendix
Exhibit
N-1: Table of Contents to Surlak appellate brief and appendix
Exhibit
N-2: Certification pursuant to CPLR 2105 annexed to Surlak appellate brief
and Appendix
Exhibit O: Andrew O'Rourke's affidavit in support of plaintiff's motion for summary
judgment, sworn to November 1, 1978
Exhibit
P-1: Andrew O'Rourke's June 7, 1982 letter to Westchester County Clerk's office
Exhibit
P-2: Appellate Division's December 14, 1981 order in Surlak
Exhibit Q:
Pages 938-9 of the published Dec. 14, 1981 appellate division decision in Tappan
v. Volvo, 444 NYS 2d 938
Exhibit R: Coverpages of appellate brief and
record on appeal, Tappan v. Volvo
Exhibit S: Information and procedures for accessing federal court files: accession # for
Pereira v. Homelite
Exhibit
T-1: "Bush's Brother Wants Full-Time State GOP Chief", Gannett,
2/19/89
Exhibit
T-2: "Colavita Leaving N.Y. Party Job", Gannett, 4/18/89
Exhibit
U-1: NJC's January 7, 1992 letter to President George Bush
Exhibit
U-2: NJC's February 25, 1992 letter to President George Bush
Exhibit
U-3: NJC's April 16, 1992 letter to Lee Lieberman, Senior Associate Counsel to
President Bush
Exhibit
V-1: Title page, table of contents & pp. 1-2 of June 1990 Report of NYS Commission on Government
Integrity:
The Blurred Line: Party Politics and Government in Westchester
County: Report and
Recommendations
Exhibit
V-2: "Ex-County Clerk Tells Tony Colavita Stories At Integrity Hearing",
Gannett, 11/29/89
Exhibit
V-3: "O'Rourke Sees or Hears No Evil", Gannett, 6/13/90
Exhibit W:
"New Word for Westchester GOP", Gannett, 11/10/82
Exhibit X:
"Exec Post Goes to O'Rourke", Gannett 12/15/82
Exhibit Y: NJC's March 20, 1992 memo to Governor Cuomo's Task Force on
Judicial Diversity
Exhibit Z:
"Senators, Archdiocese Lobby Over Hospital Job", Gannett, 2/9/91
Exhibit
AA: "Patronage is Key to Wrangling Over Top Hospital Job", Gannett, 5/6/91
Exhibit
BB: "O'Rourke Mishandled Selection at Hospital", Gannett,
8/21/91
Exhibit
CC: Bar graph: comparison of candidates' relevant professional
experience, dated 9/30/91
Exhibit
DD: September 16, 1991 letter from Westchester Co. Med Ctr Hospital
Advisory Board to
Westchester Co. Board of Legislators
Exhibit
EE: Andrew O'Rourke's September 18, 1991 federal express/priority mail
letter to
individual members of Hospital Advisory Board
Exhibit
FF: "O'Rourke Invites Hospital Board to Quit", Gannett, 9/19/91
Exhibit
GG: "O'Rourke Says Hospital Board Has Prejudged His Nominee",
Gannett, 9/26/91
Exhibit
HH: "Hospitals Chief Choice: A Set-Up for a Let Down?",
Gannett, 10/1/91
Exhibit
II: "Citizen Boards Obligated to the People, Not O'Rourke",
Gannett, 9/20/91
Exhibit
JJ: October 10, 1991 letter of Carol Farkas, Chairwoman of Westchester
Co. Medical Ctr Hospital Advisory
Board to
Westchester Co. Board of Legislators
Exhibit
KK: "O'Rourke Drops 2 Members of Hospital Board", Gannett,
1/8/92
Exhibit
LL: "O'Rourke Bungles in Dropping Two Hospital Board Members",
Gannett, 1/9/92
Exhibit
MM: "Hospital Board's Fate Rests with County Executive",
Gannett, 2/20/92
Exhibit
NN: "County Hospital Board Member Resigns; Cites Politics as Reason",
Gannett, 4/24/92
Exhibit OO: "Why Talk About Deal? O'Rourke May Stay", Gannett,
9/12/91
Exhibit
PP: "Mosca Got Pension WIndfall", Gannett, 9/8/91
Exhibit
QQ: "Mosca Report Raises Questions About O'Rourke, Vergari", Gannett,
11/24/89
Exhibit
RR-1: Pages 7-9 of the September 16, 1991 meeting of Tarrytown Board of Trustees,
with
statement by Trustee Michael Reynolds
Exhibit
RR-2: Michael Reynold's September 13, 1991 letter to President Bush and Senator Kennedy
Exhibit
SS-1: NJC's January 7, 1992 letter to Michael Kinsella, Administrative Asst
to
Senator Alfonse D'Amato
Exhibit
SS-2: NJC's February 11, 1992 letter to Michael Kinsella
Exhibit
SS-3: NJC's March 3, 1992 letter to Michael Kinsella
Exhibit
TT: "D'Amato Probe Cost Taxpayers $818,000", Gannett, 12/13/91
Exhibit
UU: Senate Judiciary Committee Chairman Biden's January 31, 1992 letter
to NJC
Exhibit
VV: NJC's April 16, 1992 Freedom of Information request to U.S. Justice Dept.
Exhibit
WW: Pages 1-7, ABA Booklet: Standing Committee on Federal Judiciary
(published 1991)
Exhibit
XX-1: NJC's February 24, 1992 letter to City Bar President Conrad Harper
Exhibit
XX-2: NJC's March 5, 1992 letter from President Harper
Exhibit
XX-3: NJC's March 17, 1992 letter to President Harper
Exhibit
YY-1: NJC's April 7, 1992 letter to Harriet Grant, Chief Nominations
Counsel/Senate
Judiciary Committee
Exhibit
YY-2: NJC's April 8, 1992 letter to Harriet Grant
Exhibit
YY-3: NJC's April 20, 1992 letter from Harriet Grant
Exhibit
ZZ: Page 7 of City Bar's Rules of Procedure for its Committee on the
Judiciary
Exhibit AAA-1: "Bar Group Told to Stop Rating Judges", NYT, 6/4/91
Exhibit AAA-2: "Pick Judges, Not Fights", NYT, 6/8/91
Exhibit AAA-3: "U.S. Justice Dept. Squelches Speech", Gannett, 6/8/91
Exhibit
BBB: Front & back book jacket of Andrew O'Rourke' Hawkwood
Exhibit
CCC: Affidavit of certified public accountant Richard Berenson, sworn
April 15, 194/15/92
Exhibit DDD-1: "End Public Support for Private Bias", Gannett, 8/8/90
Exhibit DDD-2: "Golf Clubs Sub-Par In Recruiting Blacks", Gannett,
4/7/91
Exhibit DDD-3: "Another Barrier is Broken", Gannett, 5/18/91
NJC's June 2, 1992 Supplement -- enclosing:
NJC's May 26, 1992 letter to City Bar President John Feerick
NJC's May 26, 1992 letter to Fed. Bar Council President Bernard Nussbaum
NJC's May 19, 1992 letter to ABA President Talbot D'Alemberte
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