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        CJA's ADVOCACY GIVES RISE TO
SENATOR JOHN SAMPSON's 2009  SENATE JUDICIARY COMMITTEE HEARINGS
ON THE COMMISSION ON JUDICIAL CONDUCT
& COURT-CONTROLLED ATTORNEY DISCIPLINARY SYSTEM

 

Transcript of Senator John Sampson's January 27, 2009 Senate Judiciary Committee hearing on "merit selection" to the NY Court of Appeals (pp. 88-89)

pp. 88-89 

Elena Sassower:                       you need to be sure that the regulatory bodies, the Commission on Judicial Conduct, the attorney disciplinary committees are functioning, because they are one of the first stops of the Commission on Judicial Nomination in securing information about candidates.  And they are useless.  They are worthless and they are corrupt.  And there needs to be hearings and investigations of those bodies. 

 

 Click here for: Illustrative prior CJA advocacy
for hearings & investigation of Commission on Judicial Conduct

 

   click here for:  VIDEO of CJA's testimony before Senator John Sampson on June 5, 2009 (in two separate parts: at 00-18:27 & at 42:05-51:51) at the Senate Judiciary Committee's continued hearing on "merit selection")

click here for: CJA's draft statement prepared for Senate Judiciary Committee's aborted 3rd hearing on the Commission on Judicial Conduct & court-controlled attorney disciplinary system -- December 16, 2009

* * *
HEARING #1:

VIDEOTAPE of Senate Judiciary Committee's
June 8, 2009 Hearing -- Albany, New York
Parts 1 & 2




Opening Statement by Senate Judiciary Committee Chairman John Sampson
video at 0:0:0 - 0:4:54

Senate Judiciary Committee's witness list

           Witnesses at June 8, 2009 hearing:          

1st Dept. Disciplinary Committee member MARTIN R. GOLD, -- video at 0:6:29 - 0:31:47
         with 1st Dept. Disciplinary Committee Chief Counsel ALAN FRIEDBERG
CHRISTINE C. ANDERSON, Esq. -- video at 0:31:51 - 0:46:52
KEVIN McKEOWN -- video at 0:46:54 -1:03:11
Commission on Judicial Conduct Chairman THOMAS A. KLONICK, -- video at 1:03:11 - 1:06:00
          with Commission Administrator & Counsel ROBERT H. TEMBECKJIAN -video at 1:06:02 - 1:20:47
JUSTICE DUANE A. HART -- video at 1:20:48 -1:38:32
PAMELA CARVEL -- video at 1:38:40 - 1:50:48
PAUL H. ALTMAN -- video at 1:50:50 - 2:03:07
LUISA C. ESPOSITO -- video at 2:03:10 - 2:11:20
WILLIAM GALISON -- video at 2:11:59 -2:26:20
ELEANOR CAPOGROSSO, Esq. -- video at 2:26:22 - 2:41:29
Former NYS Bar Association President ROBERT OSTERTAG -- video at 2:41:33 - 2:52:20
JOHN A. ARETAKIS, Esq. -- video at 2:52:21 - 3:04:12
MICHAEL KELLY -- video at 0:0 - 0:2:43
KATHRYN GRACE JORDAN/End Discrimination Now -- video at 0:2:45 - 0:10:02
JAMES A. MONTAGNINO, Esq. -- video at 0:10:07 - 0:22:22
RUTH M. POLLACK, Esq. -- video at 0:23:02 - 0:36:23
KEVIN PATRICK BRADY -- video at 0:36:52 - 0:40:30
CARL LANZISERA/Americans for Legal Reform -- video at 0:40:35 - 0:47:35

PRESS COVERAGE: 

New York Law Journal:   

      May 21, 2009  "Judiciary Committee to Hold Hearings on Disciplinary Bodies", p. 1, Joel Stashenko

      June 9, 2009:  "Grievances Against Lawyer, Judge Discipline Panels Aired at Capital", p. 1, Joel Stashenko
 

HEARING #2:

VIDEOTAPE of Senate Judiciary Committee's
September 24, 2009 Hearing -- Manhattan, New York


Opening Statement by Senate Judiciary Committee Chairman John Sampson
video at 0:0:0 - 0:2:53
Opening Statement by Senate Judiciary Committee Member Eric Adams
video at 0:2:54 - 0:3:32; his proposal of Task Force (at 0:34:44 --):

"...This is extensive...
...the best way to resolve inefficiencies and corruption in government
is to allow the people who are personally touched by the matter to empower us with information. 
So I am going to ask the Chair if he would put in place a Task Force that will be comprised of individuals
like yourself and victims to assist us in navigating how this problem is being hidden from public view..."

assented to by Chairman Sampson (at 0:47:23 - 0:47:45)

Senate Judiciary Committee's witness list

Witnesses at September 24, 2009 hearing:

 RICHARD KUSE, video at 0:3:36 - 0:19:27; 0:47:49 - 0:48:14
 with CATHERINE WILSON, video at 0:19:15 - 0:47:48 AND 1:53:56 - 1:58:17

ANDREA WILKINSON -- video at 1:03:52  -1:25:08
 VICTOR KOVNER, Chairman/Fund for Modern Courts -- video at 1:25:09 -1:33:53
 MARIA GKANIOS -- video at 1:34:00 - 1:59:59
 REGINA FELTON, Esq.  -- at 2:00:01 - 2:27:09
 DOUGLAS HIBGEE -- video at 2:27:10 - 2:35:31
 CATHERINE MALARKEY -- video at 2:35:48 - 22:38:58
 NORA DREW RENZULLI, Esq. -- video at 2:39:02 - 2:47:30
 STEPHANIE KLEIN -- video at 2:49:20 - 3:06:48
 IKE ARUTI, Esq. -- video at 3:06:51 - 3:22:58
 TERENCE FINNAN -- video at 3:22:59 -3:27:57 
 GIZELLA WEISSHAUS -- video at 3:28:50 - 3:37:51
ELIOT BERNSTEIN -- video at 3:38:20 - 4:01:16
 SUZANNE McCORMACK -- video at 4:01:45 - 4:16:17
 with PAT HANLEY

PRESS COVERAGE: 

New York Law Journal:   September 25, 2009:  "Public Airs Concerns on Disciplinary Procedures"
 

HEARING #3:

CANCELLED & NOT RESCHEDULED: 

December 16, 2009 -- Manhattan, New York

      Senate Judiciary Committee's hearing notice for December 16, 2009 hearing

      Senate Judiciary Committee's CANCELLATION NOTE:  "PUBLIC HEARING TO BE RESCHEDULED"

Click here for:  draft of CJA's written statement & substantiating documentary evidence for presentation at the Senate Judiciary Committee's postponed & never rescheduled December 16, 2009 hearing

* * *

TO DATE:  

NO INVESTIGATION OF WITNESSES' TESTIMONY & DOCUMENTATION --
NO TASK FORCE OR SPECIAL PROSECUTOR
NO FINDINGS, NO COMMITTEE REPORT

ACTION AGENDA 2011: secure continued hearings, investigation, & findings as to witness testimony & documents --

CJA's February 21, 2011 memo to New York Times reporter William Glaberson -- "RE:  PROPOSAL FOR COVERAGE:  The public’s 'views' of the NYS Commission on Judicial Conduct, expressed at the NYS Senate Judiciary Committee hearings in 2009 – as to which neither the Senate Judiciary Committee, bar associations, nor advocacy organizations favored by The Times have rendered ANY report or made ANY findings"

         CJA's February 21, 2011 memo to New York Times Editorial Board -- "REQUEST FOR A MEETING with the Editorial Board regarding prospective Times' editorials about the New York State Commission on Judicial Conduct"

CJA's May 23, 2011 memo to NY Governor Andrew Cuomo, Temporary Senate President Dean Skelos, Assembly Speaker Sheldon Silver & Chief Judge Jonathan Lippman  --"RE: (1) NYS's Commission on Judicial Compensation -- Inoperative & Inaccessible to the Public; (2) Evidence Disentitling NYS's Judiciary to Increased Compensation, Presented & Proffered by the Public at the NYS Senate Judiciary Committee's June 8, 2009 and September 24, 2009 Public Hearings -- as to which There Has Been No Investigation, No Findings, and No Committee Report"

CJA's May 23, 2011 transmittal letter to indicated recipients -- Appointed Members of the NYS Commission on Judicial Compensation; Senate Minority Leader John Sampson, Senate Judiciary Committee, Witnesses at the 2009 Senate Judiciary Committee Hearings, & the Press           

CJA's June 23, 2011 letter to Governor Cuomo's Appointees to the Judicial Compensation Commission -- "RE:  (1) Bringing Public Accessibility, Input, and Accountability to the Judicial Compensation Commission -- Facilitated by the Open Meetings Law & Executive Order #3; and  (2) Chairman Thompson's Disqualifying Conflict of Interest, Requiring his Resignation" -- June 23, 2011 transmittal letter to indicated recipients  

CJA's June 28, 2011 e-mail to NY Judicial Compensation Commission -- "Subject: Is NY's Judicial Compensation Commission Violating the Open Meetings Law & its Video Broadcast Obligations under Executive Order #3"

 

CJA's June 30, 2011 letter to NY Judicial Compensation Commission -- "RE:  Is NY's Judicial Compensation Commission Violating the Open Meetings Law & its Video Broadcast Obligations under Executive Order #3" -- June 30, 2011 transmittal letter to indicated recipients

               See CJA's October 27, 2011 Opposition Report to the "Final Report of the Commission on Judicial Compensation"

THE PRESS

"State Bar Set to Consider NYCLA's Proposal for Conduct Commission", by Joel Stashenko, New York Law Journal, January 21, 2011

"Proposal to Revamp Judicial-Conduct Agency Draws Fire" by William Glaberson, New York Times, January 25, 2011

                     click here for : video of NYS Bar Association's January 28, 2011 House of Delegates' meeting, where the New York County Lawyers' Association report & recommendations were presented by its co-chairs of its Committee on the Commission on Judicial Conduct: Klaus Eppler & former Appellate Division, First Dept. Justice Betty Weinberg Ellerin  

"New York Bar Seeks Limits on Investigations of Judges" by William Glaberson, New York Times, January 28, 2011

"Lowering the Bar", editorial, New York Post, January 30, 2011

"A Sex Joke and Other Judicial Bad Behavior" by William Glaberson, New York Times, February 2, 2011

"A Push to Open Hearings in Judge-Misconduct Cases" by William Glaberson, New York Times, February 3, 2011

"Judge them in open court: Legislature should open Commission on Judicial Conduct proceedings to view", editorial, Daily News, February 7, 2011

"The overdue case of judging judges", editorial, Albany Times Union, February 7, 2011

February 9, 2011 interview of Chief Judge Jonathan Lippman by CapitalTonight.Com (Liz Benjamin) on bar association proposals & public judicial disciplinary hearings    (click here for full interview)

"Don't weaken commission's ability to discipline bad judges", perspective column by Bennett L. Gershman, Journal News/LoHud.Com (Gannett), February 13, 2011
 

* * *

SCOREBOARD:  PUTTING OUR STATE LEGISLATORS ON RECORD --
starting with the "Leadership" & Judiciary Committees, so as to make this
a central campaign issue in the 2012 legislative elections...:

                                       SENATE

            SENATE MAJORITY LEADER -- Senator Dean Skelos           "To All New Yorkers, .,..The people's priorities must be our priorities"
            SENATE MINORITY LEADER -- Senator John Sampson   

            SENATE JUDICIARY COMMITTEE -- 2011-2012                    
                  
                  CHAIRMAN  John J. Bonacic   "
He has long championed reform in the Legislative process and believes that the best public policies are enacted when there is substantial opportunity for every Member of the Senate, and through each Legislator, all New Yorkers to participate in the law making process.(from his bio)  
                  RANKING MEMBER Ruth Hassell-Thompson                        
                   Senator Eric Adams                                   
                   Senator Neil D. Breslin
                   Senator John A. DeFrancisco
                   Senator Martin Malave Dilan
                   Senator Adriano Espaillat

                   Senator John J. Flanagan
                   Senator Charles J. Fuschillo, Jr.
                   Senator Michael Gianaris
                   Senator Liz Krueger
                   Senator Andrew J. Lanza
                   Senator Kenneth LaValle
                   Senator Betty Little              
                   Senator Michael F. Nozzolio
                   Senator Thomas F. O'Mara
                   Senator Bill Perkins
                   Senator Michael H. Ranzenhofer
                   Senator Stephen M. Saland
                   Senator Jose M. Serrano
                   Senator Daniel L. Squadron
                   Senator Toby Ann Stavisky
                   Senator Lee M. Zeldin

                                     ASSEMBLY

           ASSEMBLY SPEAKER -- Assemblyman Sheldon Silver
          
ASSEMBLY MINORITY LEADER --  Assemblyman Brian M. Kolb

           ASSEMBLY JUDICIARY COMMITTEE-- 2011-2012

                  CHAIRWOMAN Helene E. Weinstein
                 
Assemblyman William Barclay
                 
Assemblyman Jonathan Bing
                 
Assemblyman Jeffrey Dinowitz
                 
Assemblyman Hakeem Jeffries
                 
Assemblyman Rory I. Lancman
                 
Assemblyman Charles D. Lavine
                 
Assemblyman Tom McKevitt
                 
Assemblyman Daniel J. O'Donnell
                 
Assemblyman Peter M. Rivera
                 
Assemblyman Matthew Titone
                 
Assemblywoman Michele R. Titus
                 
Assemblyman David I. Weprin
                 
Assemblyman Kenneth Zebrowski
           

   

Bill to Establish Special Commissionon Judicial Compensation:  S-6009-2009:  introduced by Senator Sampson "at the request of the Governor", June 19, 2009

March 23, 2010 Senate Judiciary Committee -- Chief Administrative Judge Ann Pfau

Senator John Sampson, Chair, Senate Ethics Committee -- Hearings

 May 28, 2009

May 29, 2009

 June 2, 2009

 

 

 

 

 

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