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FEDERAL JUDICIAL SELECTION
1992-1993
The Nomination of Westchester County (New York) Executive Andrew O'Rourke to the
District Court for the Southern District of New York
THE NINTH JUDICIAL COMMITTEE's MAY 1, 1992 LAW DAY CRITIQUE
COMPENDIUM OF SUBSTANTIATING EXHIBITS
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 the June 1990 Report of the
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 the 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 B 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 the 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
* *
*
CORRESPONDENCE COMPENDIUM I:
CORRESPONDENCE BETWEEN THE NINTH JUDICIAL COMMITTEE & SENATE LEADERSHIP
AND SENATE JUDICIARY COMMITTEE
Exhibit A: NJC's May 18, 1992 faxed letter
to Senate Majority Leader George Mitchell,
with copies mailed to every member of
his Task Force on the confirmation
process, every member of the Senate Judiciary
Committee, and to New York
Home-State Senator Daniel Patrick Moynihan
Exhibit B: May 20, 1992 letter from Harriet Grant, Chief
Nominations Counsel/Senate
Judiciary Committee
Exhibit C: NJC's May 21, 1992 faxed letter to Senate Judiciary Committee
Exhibit D: NJC's May 21, 1992 fax to Joseph Gale, Chief Counsel/New York
Home-State
Senator Moynihan
Exhibit E: NJC's May 22, 1992 letter from Harriet Grant
Exhibit F: NJC's June 2, 1992 faxed letter to Senate Majority Leader Mitchell
-- 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
Exhibit G: NJC's June 2, 1992 fax to Senator Moynihan's office
Exhibit H: NJC's June 11, 1992 faxed letter to Senate Judiciary Committee
Exhibit I: NJC's June 11, 1992 fax to Senator Moynihan's office
Exhibit J: NJC's June 12, 1992 fax to Senate Judiciary Committee staff,
resent on
6/22/92
Exhibit K: NJC's June 12, 1992 fax to Senator Moynihan's office
Exhibit L: NJC's June 26, 1992 fax to Senator Moynihan's office
Exhibit M: NJC's July 1, 1992 letter to Richard Eaton, Administrative
Assistant/
Senator Moynihan
Exhibit N: NJC's September 4, 1992 fax to Jeff Blattner, Chief Counsel/
Senator
Kennedy
Exhibit O: NJC's September 8, 1992 fax to Senate Judiciary Committee:
Mark
Schwartz & Jamie Schwing/NominationsCounsel,
resent on 9/9/92
Exhibit P: NJC's September 11, 1992 fax to Senate Judiciary Committee: Jamie
Schwing/Nominations Counsel
Exhibit Q: NJC September 11, 1992 letter to Richard Eaton, Administrative
Assistant/Senator Moynihan
Exhibit R: NJC's September 15, 1992 fax to Senate Judiciary Committee:
ATT:
Cynthia Hogan, Staff Director
Exhibit S: NJC's September 15, 1992 fax to Senator Kennedy:
ATT: Jeff Blattner,
Chief Counsel
Exhibit T: NJC's September 18, 1992 letter to Anita Jensen, Legislative Assistant
for Judiciary of Senate Majority Leader Mitchell
Exhibit U: NJC's September 18, 1992 letter to John Trasvina, Counsel/
Senator Paul Simon
Exhibit V: September 21, 1992 letter to NJC from Cynthia Hogan/Staff Director
& Harriet
Grant/Chief Counsel -- Senate Judiciary Committee
Exhibit W: NJC's October 1, 1992 letter to Cynthia Hogan/Staff Director
Exhibit X: October 8, 1992 letter from Senate Majority Leader George Mitchell
Exhibit Y: October 8, 1992 letter from John Trasvina, General Counsel & Staff
Director/Senator Simon
Exhibit Z: NJC's October 13, 1992 letter to Chairman Joseph Biden
--
enclosing handwritten September 17, 1992 letter to Chairman Biden
Exhibit AA: NJC's October 14, 1992 letter to Capitol Police
Exhibit BB: Cynthia Hogan's October 15, 1992 letter
Exhibit CC: NJC's October 15, 1992 letter to Amy Nash, Nominations Clerk
Exhibit DD: NJC's October 22, 1992 faxed letter to Harriet Grant, General Counsel
Exhibit EE: NJC's October 23, 1992 faxed letter to Jeff Blattner, Chief
Counsel/
Senator Kennedy
Exhibit FF: Jeff Blattner October 26, 1992 letter
Exhibit GG: NJC's November 4, 1992 faxed letter to Jeff Blattner, Chief
Counsel/
Senator Kennedy
Exhibit HH: NJC's November 4, 1992 letter to Cynthia Hogan, Staff Director
Exhibit II: NJC's November 13, 1992 letter to Amy Nash, Nominations Clerk
Exhibit JJ: NJC's November 17, 1992 letter to Harriet Grant, General Counsel
Exhibit KK: NJC's November 19, 1992 letter to Chairman Biden
Exhibit LL: NJC's November 17, 1992 letter to Cynthia Hogan, Staff Director
Exhibit MM: NJC's December 18, 1992 letter to Chairman Biden
Exhibit NN: "O'Rourke Is Names For U.S. Judgeship", NYT, 3/4/93; "O'Rourke
Rejects Offer
of Judicial Bid", NYT, 3/6/93
Exhibit OO: NJC's March 17, 1993 letter to Amy Nash, Nominations Clerk
Exhibit PP: May 3, 1993 letter from Guy Molock, Jr., Chief Nominations
Counsel/
Senate Judiciary Committee
Exhibit QQ: NJC's September 22, 1993 letter to Guy Molock
CORRESPONDENCE COMPENDIUM II: CORRESPONDENCE BETWEEN THE
NINTH JUDICIAL COMMITTEE & THE AMERICAN BAR ASSOCIATION
Exhibit A: NJC's May 19, 1992 letter to ABA President Talbot D'Alemberte
Exhibit B: June 18, 1992 letter from Ronald L. Olson. Chairman/ABA Standing Committee
on Federal Judiciary
Exhibit
C: NJC's June 26, 1992 letter to Chairman Olson
Exhibit D: NJC's September 11, 1992 letter to William E. Willis, Chairman/ABA Standing
Committee on Federal Judiciary
Exhibit E: NJC's September 11, 1992 letter to ABA President J. Michael McWilliams
Exhibit F: Chairman Willis' September 18, 1992 letter
Exhibit G: NJC's October 6, 1992 letter to President McWilliams
Exhibit H: President McWilliams' October 21, 1992 letter
Exhibit I: NJC's November 11, 1992 letter to President McWilliams
Exhibit J: NJC's December 18, 1992 letter to President McWilliams
Exhibit K: NJC's January 18, 1993 letter to Chairman Willis
Exhibit L: Chairman Willis' January 19, 1993 letter
Exhibit M: NJC's January 22, 1993 letter to Chairman Willis
Exhibit N: Chairman Willis' February 9, 1993 letter
Exhibit
O: NJC's November 22, 1993 letter to Michael S. Greco, First Circuit
representative/ABA
Standing Committee onFederal
Judiciary
CORRESPONDENCE COMPENDIUM III: CORRESPONDENCE BETWEEN THE
NINTH JUDICIAL COMMITTEE & THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK &
FEDERAL BAR COUNCIL
Exhibit A: NJC's May 14, 1992 letter to City-Bar President-Elect John Feerick
Exhibit B: NJC's May 26, 1992 letter President Feerick
Exhibit C: NJC's May 26, 1992 letter to Bernard Nussbaum, President/
Federal Bar
Council
Exhibit D: President Nussbaum's June 1, 1992 letter (rec'd June 12, 1992)
Exhibit E: President Feerick's June 8, 1992 letter
Exhibit F: NJC's June 9, 1992 letter to President Nussbaum
Exhibit G: NJC's June 26, 1992 letter to Fern Sussman, Executive Secretary &
Chief
Administrative Officer/City Bar
Exhibit H: City Bar's July 2, 1992 letter
Exhibit I: NJC's September 9, 1992 letter to Alan Rothstein, Counsel/City Bar
Exhibit J: NJC's September 15, 1992 letter to President Feerick
Exhibit K: NJC's October 6, 1992 letter to President Feerick
Exhibit L: President Feerick's November 6, 1992 letter
Exhibit M: NJC's December 17, 1992 letter to Alvin K. Hellerstein, Chairman,
Judiciary
Committee/City Bar
Exhibit N: Chairman Hellerstein's December 17, 1992 fax
Exhibit O: NJC's January 22, 1993 letter to Chairman Hellerstein
Exhibit P: Chairman Hellerstein's February 3, 1993 letter
* * *
For Andrew O'Rourke's ascension to the New York
state bench,
see
ANDREW O'ROURKE --
Appointment to the Court of Claims
Bar Association Misfeasance & Nonfeasance
with respect
to O'Rourke's state judgeship:
AMERICAN BAR ASSOCIATION:
CJA's January 8, 1998 letter to President Jerome Shestack
CJA's January 9, 1998 letter to President Shestack
CJA's January 12, 1998 letter to President Shestack
CJA's January 14, 1998 letter to President
Shestack"
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK:
CJA’s
December 17, 1997 fax to Alan Rothstein, Counsel
CJA’s
December 19, 1997 memo to Daniel Kolb, Chairman/Judiciary
Committee
CJA’s
December 22, 1997 memo to Chairman Kolb
CJA’s
December 23, 1997 memo to Chairman Kolb
Mr.
Rothstein’s December 23, 1997 letter to CJA
CJA’s
December 30, 1997 memo to Chairman Kolb
CJA’s
January 8, 1998 fax to Alan Rothstein
CJA’s
January 12, 1998 fax to Chairman Kolb
CJA’s
January 14, 1998 fax to Chairman Kolb
CJA’s
January 26, 1998 fax to Chairman Kolb
CJA’s
January 29, 1998 memo to Chairman Kolb
CJA’s
January 30, 1998 fax to Chairman Kolb
CJA’s
January 30, 1998 fax to Chairman Kolb
CJA’s
February 2, 1998 fax to Chairman Kolb
CJA’s
February 2, 1998 fax to Chairman Kolb
CJA’s
February 5, 1998 memo to Chairman Kolb
CJA’s
February 5, 1998 memo to Chairman Kolb
CJA’s
February 6, 1998 memo to Chairman Kolb
CJA’s
February 10, 1998 memo to President Cardozo
CJA’s
February 16, 1998 memo to Chairman Kolb
CJA’s
March 7, 1998 letter to Chairman Kolb |
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