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NYS JUDICIAL COMPENSATION
THE JUDICIAL
PAY LAWSUITS & COURT OF APPEALS' FEBRUARY 23, 2010 DECISION -- BOTH
FRAUDULENT
CJA's preliminary analysis of the Court of Appeals decision & the
lawsuits, set forth in
CJA's July 19, 2011 letter to NYS Attorney General Eric T. Schneiderman --
"RE: (1) Vindicating the Public's Rights against
Judicial Fraud: The Court of Appeals' February 23, 2010 Decision Underlying BOTH
the Creation of the Commission on Judicial Compensation & the Perpetuation of
the Judicial Compensation Lawsuits;
(2)
FOIL & Project Sunlight Requests: Posting of the Record of the Judicial
Compensation Lawsuits on the Attorney General's Website -- &/or Providing the
Record to the Center for Judicial Accountability for Posting on its Website"
January 12, 2010 ORAL ARGUMENT at the Court of Appeals
in judicial compensation lawsuits
-- Listen to
oral argument of Richard H. Dolan, Esq. on behalf of the
Legislature, Governor, & Comptroller and the extraordinary colloquy between him
and the Court, reflecting its judges' flagrant self-interest &
shameless disregard for NY's Constitution (at 00:50:42 - 1:46:00)
As illustrative --
at 00:55:18
Judge Pigott:
"it is striking to me that you think that this Constitution of the
State of New York allows that.
Counsel Dolan:
"Well, Judge, I think that because that's what the Constitution
says"
Judge Pigott: "Well,
you keep saying that. That's not much of an argument to say it's the
law because that's what the law says..."
01:09:09
Judge Pigott:
You keep saying that the Constitution doesn't do it.
Usually when people make arguments, they make arguments more
than the law does not provide for it, the law doesn't say
it. The Constitution doesn't do it"
--- here's Judge Pigott's self-interested
February 23, 2010
decision,
on behalf of
the Court
* * *
Securing the record of the
judicial compensation lawsuits:
I
from the Office of Court Administration & Court of Appeals
CJA's July 15, 2011 letter to the Office of Court Administration
-- "RE: Request for Judicial Compensation Lawsuit Records Pursuant
to 124 of the Rules of the Chief Administrator & FOIL"
OCA's July 22, 2011 responding letter
August 16, 2011 letter from James A. Costello, Assistant Deputy
Clerk/Court of Appeals
II
from the Attorney General's Office
#1:
FOIL REQUEST 110450
CJA's
July
19, 2011 letter to Assistant Attorney General Joshua Pepper --
"RE: ... (2) FOIL & Project Sunlight Requests: Posting of the
Record of the Judicial Compensation Lawsuits on the Attorney
General's Website -- &/or Providing the Record to the Center for
Judicial Accountability for Posting on its Website"
July 26, 2011 letter from AAG Pepper
August 24, 2011 letter from AAG Pepper
September 26, 2011 letter from AAG
Pepper
CJA's December 1, 2011
letter to AAG Pepper --
(1)
DEFICIENCIES IN YOUR RESPONSE TO FOIL REQUEST #110450:
CJA’s July 19, 2011 letter: “ RE:
… FOIL & Project Sunlight Requests for Posting of the Record
of the Judicial Compensation Lawsuits on the Attorney General’s
Website – &/or Providing the Record to the Center for Judicial
Accountability for Posting on its Website”; (2)
NEW FOIL/PROJECT
SUNLIGHT REQUEST: All
publicly-available documents bearing upon: “the inexplicable
failure of the Attorney General’s Office and the Dolan firm to have
moved to reargue the palpably deficient February 23, 2010 decision
before the Court of Appeals or to have filed a petition for a writ
of certiorari with the U.S. Supreme Court, where the consequences
were so violative of the New York Constitution and so potentially
catastrophic to New York taxpayers – and where the dissent of
Judge Smith would have dismissed all claims” (CJA’s July 19,
2011 letter, at p. 8, underlining in the original)
January 9, 2011 letter from AAG Pepper
#2:
FOIL REQUEST 110599
CJA's September
19, 2011 letter to Assistant Attorney General Joshua Pepper
--"RE: Request for Records Pertaining to Retention of Outside
Counsel to Represent Defendants in the Judicial Compensation
Lawsuits, Pursuant to FOIL & the Attorney General's Project Sunlight
Initiative"
September 26, 2011 letter from AAG Pepper
October 26, 2011 letter from AAG
Pepper
December 7, 2011 letter from AAG Pepper
III
from the Mayor's Committee on the Judiciary
CJA's July 15, 2011 letter to the Mayor's Advisory Committee on the
Judiciary -- "RE: Request for Copy of Amicus Brief"
Advisory Committee's responding e-mail
* * *
THE PIECES OF THE RECORD WE HAVE FOUND:
(1) EDWARD A. MARON,
ARTHUR SCHACK, and JOSEPH A. DeMARO v. SHELDON SILVER, as Speaker of
the NYS Assembly, NEW YORK STATE ASSEMBLY, JOSEPH BRUNO, as the
Temporary President of the New York State Senate, NEW YORK STATE
SENATE, ELIOT SPITZER, as Governor of the State of New York, THOMAS
DiNAPOLI, as the Comptroller of the State of New York, and The
OFFICE OF COURT ADMINISTRATION (filed in Supreme Court, Nassau Co: #06-021984;
transferred by stipulation of parties to Albany)
Appellate Division, Third Department's November 11, 2008 decision
August 25, 2009 brief in Court of Appeals
Justice McNamara's November 29, 2010 decision
(2) HON. SUSAN LARABEE, HON. MICHAEL NENNO,
HON. PATRICIA NUNEZ, and HON. GEOFFREY WRIGHT v. ELIOT SPITZER, as
Governor of the State of New York, NEW YORK STATE SENATE, NEW YORK
STATE ASSEMBLY, and STATE OF NEW YORK
(filed in Supreme Court, NY Co:
#07-112301)
Justice Lehner's February 5, 2008 decision
Justice Lehner's June 11, 2008 decision
October 23, 2008
amicus brief in Appellate Division, First Dept. of Chief Judge
Plaintiffs
Appellate Division, First Department's June 2, 2009 decision
(Justices Gonzales, Tom, Nardelli, Moskowitz, Renwick)
November 20, 2009 brief in Court of Appeals
May 24, 2011 state opposition brief -- Supreme Court/NY Co.
(3) JUDITH S. KAYE, in her official capacity as Chief Judge of the
State of New York, Chief Judge and THE NEW YORK STATE UNIFIED COURT
SYSTEM v. SHELDON SILVER, in his official capacity as Speaker of the
New York State Assembly, THE NEW YORK STATE ASSEMBLY, JOSEPH BRUNO,
in his official capacity as Temporary President of the New York
State Senate, THE NEW YORK STATE SENATE, DAVID A. PATERSON, in his
official capacity as Governor of the State of New York, and THE
STATE OF NEW YORK -- (filed in Supreme Court, NY Co: #08-400763)
April 10, 2008 Summons & Complaint
May 2008 correspondence
July 8, 2008 affirmation of Chief Judge Kaye, with additional
affirmation & July 9, 2008 memo of law
July 9, 2008 Amicus Brief of Fund for Modern Courts (by Caitlin
Halligan)
Justice Lehner's June 15, 2009 decision
Appellate Division, First
Department's September 15, 2009 decision
October 29, 2009 brief in Court of Appeals
November 23, 2009 state brief in Court of Appeals (1
of 4 briefs)
-- highlights the unprecedented, inconsistent & invidious nature of
the 1st Department's decisions
December 22, 2009 state reply brief in Court of Appeals
-- sums up the situation!
(4) ARLENE R. SILVERMAN, Acting Justice, New York State
Supreme Court v. Sheldon Silver, in his official capacity as Speaker
of the New York State Assembly, THE NEW YORK STATE ASSEMBLY, DEAN G.
SKELOS, in his official capacity as Temporary President of the New
York State Senate, THE NEW YORK STATE SENATE, DAVID A. PATERSON, in
his official capacity as Governor of the State of New York, THOMAS
P. DiNAPOLI, in his official capacity as Comptroller of the State of
New York, and THE STATE OF NEW YORK (filed in Supreme Court,
NY Co: #08-117058)
November 14, 2011 decision
(5) EMILY PINES, DAVID DEMAREST, JEFFREY D. LEBOWITZ, STEPHEN
FERRADINO, RALPH A. BONIELLO, III v. STATE OF NEW YORK,-- (filed in Supreme Court, Nassau Co:
#10-13518)
July 13, 2010 Complaint
Justice Murphy's January 14, 2011 decision
Justice Murphy's February 9, 2011 decision
-- granting summary judgment to the plaintiff judges & declaring
that NYS legislature enacted a pay increase for judges in 2009 and
is obligated to increase judicial pay retroactive to 2009
(6) In the Matter of EDWARD A. MARON, ARTHUR SCHACK, and
JOSEPH A. DEMARO, Individually and on behalf of all Judges and
Justices of the Unified Court Syste who served or are serving during
the period of the statute of limitations period v. State of New York-- (filed in NY Court of Claims)
January 3, 2011 Claim -- seeking $780 million in back pay,
plus interest, plus $130 million, with interest until judgment!
-- claiming that Court of Appeals settled issue of liability by
finding a constitutional violation & that they are now entitled to
the damages
Commentary by Stephen Kruger,
Esq. on the Judiciary's "money-grubbing, asinine
lawsuits" for increased pay
*
* *
CJA's
September 6, 2011 letter to Governor Andrew Cuomo's Records Access
Officer -- "RE: FOIL Request: Records Pertaining to
Governor David Paterson's Program Bill No. 333 to Establish a Special Commission
on Judicial Compensation"
September 13, 2011 acknowledgment from Governor Cuomo's Records Access Officer
September 15, 2011 response from Governor Cuomo's Records Access Officer
CJA's September
7, 2011 letter to the Office of Court Administration's Records Access Officer
--"RE: Request for Chief Judge Kaye's "2005 Judicial Salaries Report"
Pursuant to 124 of the Rules of the Chief Administrator & FOIL"
September 22, 2011 response from OCA Records Access Officer
*
* *
Menu of CJA's
webpages on NYS Judicial Compensation:
CJA's
Lawsuit to Stop the Judicial Pay Raises as Unconstitutional,
Statutorily-Violative, & Fraudulent
CJA's
October 27, 2011 Report to the Governor, Legislative
Leaders, & Chief Judge
Judicial
Compensation Commission's July 20, 2011
Hearing & Related Info
--
CJA's handout &
referred-to webpage:
Bringing Transparency, Evidence & Public Accountability to
the One-Sided, Media-Created View
(Swallowed
Whole from the Judicial-Legal Establishment)
that NYS Judges are Underpaid & Entitled to a Raise
The
Judicial Compensation Lawsuits
& Court of Appeals Decision -- Both Fraudulent
The Press in Action -- A
Chronicle of Superficiality, Bias, & Journalistic Fraud
--
New York Law Journal coverage prior to CJA's May 23, 2011 letter
--
New York Times coverage prior
to CJA's May 23, 2011 letter
--
coverage by other press prior to CJA's June 13, 2011 letter
--
press response
to CJA's October 27, 2011 Opposition Report
The
Sacrificed Court Employees, Terminated to Save Money
Genesis of CJA's
Activism on NY's Judicial Compensation Issue
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