Cnnrnn _' JuucrAL AccourvrABrlrry_ rNc by wulinqing


									                              Cnnrnn &' JuucrAL AccourvrABrlrry,rNc.
Post Offtce Box E220                          TeL (911)121-1200                E-Mail:  jadgewotct@olcom
WhitePloins, New York 10602                   Fax (911) 428-4994               Website:

Elctto Ruth Sassower,


       DATE:          June
                               Andrew Cuomo
                               Mark Green

                      RepublicanNominee for New Ygrk Attorney General:

       FROM:          Elena Sassower, Director
                      Centerfor JudicialAccountability,Inc. (CJA)

       RE:            @:                     whether You will confront Readiry-verifiablz casefile
                      It o.f of c_o_mrption New York Attorneys General, plst and present, and
                      Dscharge Your Mandatory Professionaland Ethical Obligations with Respect
                      Thereto, Including by Criminal Prosecutions

       The Centerfor ludicial Accorrntabilrfft
                                              Fr. (CJA) is a national,non-profit,non-partisan citizens,
       organization, basedin New York, working to ensure
                                                -           that the pro."*i.r of3.rOi"iutselectionand
       discipline are effectiyg
                                Tg meaningful. In that connection, we have ftuO Ait .t. f*frh*A
       9IP9nre    with New York's current andpastAttomeys General,gorngbackneafr a66GEEi

       P-erhapsyotl f4ryiligr with our public interest ad,u'Restraining
                   are                                                 'Liars in the
                                                                                     Courtroom' and on
       the Public Payrolf' (New York Law Journal   ,8127/g7,pp. 3-4; summarizinghow New york's
       4ttorngyq General9^ngag9 a modusoperandi of litigation fraud to defend siatejudger *A tt i
       Commissionon Judicial Conduct,suedfor coruptiori wherethey haveno legitimatJAefense           -
       and are rewardedby fraudulentjudicial decisioni A copy is enciosed,     alongivith.opi"r oio*
       $oPry9."essor ads,referred-to therein,'ol4here You^Go
                                                      Do          When  Judges   Bfrqk thez;i"qlglg
       Iork  Timgs,10/26/94,  o!:"q page;_Npw                Joqrnal, rr/t/64, p. 9) and*A caTfi
       ConcertedAction"@,lll20/96,p3\' Isrk,Iip.w

      Eight years-ago,
                     DemocratE_liotSpitzer won the Novernber 1998election for Attorney General
      over incumbentRepublicanDennis Vacco on a pledge that he would clean up govemment by
New York Attorney GeneralCandidates                      PageTwo                     hne20,2006

settin_g a public integrity gnit.l
                                      -On January27,lggg, Mr. Spitzerpublicly arrnormced        his
establishment that unit at a breakfast
               of                          co-sponsored the Assoiiationbfthe Bar ofthe Ciry ;i
New York and the New York Lay Journal. I was ther-e and was first to the microptrontinittt
question  andanswersession followed- I asked
                              that                    Mr. Spitzerwhat he wasgoing tolo ;b;t th;
allegationsof our '?es trairting 'Liars "' adthat "the Attorney General'sofficJusel fraud to defend
stgtejudges and the Commissionsue! jg litigation", to which he answered:          .,Anything that is
submittedto us, we will look at it".2 With thai, I walted up to the dais andfubfcty tran?eA    M.
Spitzera letter ofthat dateentitled *Your magdatgry_profesiional ethicafobligaiions', "utiitrg
upon him to take stepsto vacatethe fraudulentjudicial decisions in the ttlee ilnportant r*"i
                            "the Attomey General-'s
{ealuredby thead wherein                               office itself comrptedthejudi.iuf pr*"* Uy
{efgnse  strategies basedon fraud and other misconduct". The fraudulenc"of both th.;"aiciit
decisions the At_torne_y
           and               General'slitigation papersis readily-verifiabtefrom the "ar.hle, * a
fact highliehtedby the ad.

yhat *ry_ ln!r. Spitzer's response this I ayyaW27, lggg letter? Therewasnone- nor any from
his so-calledpublic integrity unit. Instead,   Mr. Spilzel proceeded corruptthejudicial pir*.,;
by litigation-fraud, prggi$e-Iy.ry                    had-- an4 like them,'to be reward,iAUv "
succession fraudulent
            of             jgdicial decisions.Exemplifring thiq two separate   lawsuitsagainstthe
Commissionon JudicialConduct- both commenieC-in             Aprit'tggg. ihe first of tfres{a puUfic
interestlawsuitbroughtby CJA, arosefrom the comrptionof "merit selectiono, thetiew yort
9oun of Appealsandencompassed,          duling the courseof its 3-ll1-year odyssey theNew york
Court of Appeals,thg comrption of thejudicial appointments       proc-ess Iriew ?ork's lower state
courts- asto which Mr. spitzer was shownto be a complicit participant.

All.of the foregoingis readily-verifiablefrom primary source materials-- a substantial
                                                                                     portion of
which.are postedon,CJA's website, This includes,in addition to our
extensive correspondence    with Attorneys general Spitzer, Vacco, and'G. Oliver Koppell
(accessible  viathe sidebarpanel "searchingfor
                                                Champions-NYs"),the casefilerecordsofiliree
separate lawsuitsagainst Commission JudicialConduct- two defended Mr. Spitzerand
                         the               on                                by
9ne by Mr. Vacco(accessible   viathe sidebar  panels'oJudicial
                                                            Discipline-State" and ..Tist Cases:

 Also reodily'verifiable from CJA's website (via the sidebarpanel "Press Suppression',)is our
 correspondence  with the press, establishing     thloughout tiese nearly 15 y'e'ars spanning
threeelecti_on cyclesfor Attorney General,itthat refusJdto reporton the casefileevidenie ofthE
${gryqyl General'scgTupli".gofthejudic_ial     process defense
                                                       by         fraud- rewarded frauduleni
judicial decisions.This includesThe}.lgw-York-Timss,    which, norwithstanding f 6qt Ait"tiai
3b.oyt Attomey General'sracffiow                            how candidatesintend to handlethe
job's meat-and-potatoes   work of defendingthe stateagainstlegal actions"3  would not then or

       5"" enclosedpagesfrom Mr. Spioer's 1998 campaignpollcy papt "Making New york State the
Nation's Leaderin Public Integrity: Eliot Spitzer'sPlanfor RestoringTrust in Goverimenf'.
       S""enclosed         pages
                  transcript   ofthe exchange.

CJA's website,accessible "PressSuppression The New York Times": Se2nxrriUit F-2 to CJA's
                       via               -
New York Attomey General Candidates                          PageThree                     June 2006

 ltpfafter reg9l 9n h9* rlt Attorney Generalwas handling that job - to wit, during the 1994,
 1998, utd 20Q2electionsfor Attorney Generalor in the cdntextbf this year's elecioral.u..r.
 Conseqlently, CJA is now sqing ffe fimEs for its election-riggingr6u..-up, perpetuating
 systemicgovemmentalcomrption_and      protectingMr. Spitzer,amongothers.As mly be seenfrori
$:    litigation plpers?postedon CJA's website (via the sidebarpanel "Suing T[re New york
 1ime9'l),The Timeghaszolegitimate defense * like the Attorney General is comrptingthe
                                               and                            I
judicial procerywith litigation fraud. As only a fraudulentjudicialdlcisionwill saveit, you"may
be sure we will be tuming to whicheve-r you is elected Attorney General to safeguardthe
judicial process in this landmark publi. interest challenge to fraudulent repofring *O
 editorializing by our o'paper record", deliberatelymisleadingcitizens on critical issies of
governance preventingtheir exercise an informedvote.
               and                         of

By this memorandum,.CJA^offers copiesofall referred-toprimary sourcematerials,including,
most.imgortantly,  copiesofthe casefrles ofthe threelawsuitsigainsithe Commission Judiciii
Conduct'. Tttis, to buttress requesthereinto personallymeetwith you to discusshow -- if
voters_elect asour next Attomey General-- you will disihmge "yourhandatory professional
and ethical obligations" with respectto the record evidenceof sy-stemic
                                                                      gou.--"ntal comrption
involving not only the offics of the Attorney General,but three Attornels Generaldir.rI1y.

To facilitate your lfpo:rse, we are crlcu,l$ing    memorandumto our supposed.\ratchdog'
press-along-with CJA's slory proposal,   o'The $is Eliot Spitz -
                                              REAL            er Version",whilh
we widely circulatedto tle pressin 2002, to no avail - and which is even more poliiicatty-
explosive now. This, so^_tlat-thg  prgsl-can belatedly inform voters of the readily-vertfiaile
documentaryevidence ylt. Spitzer'slitigation fraud andthe hoax of his public inteedry ;nit -
gennaneto whetherhe is fit to be our next governor- ild, basedthereon,to obtain yo-1tr*r*.r*
asto whether- if electedto be our next Attorney General-- you will dischargeyorn dutiesasNew
York's highestlaw enforcement   officer and*The People'sLawyed'to takea-ppropriate   corrective
steps,including criminal prosecutions Mr. Spitzerand his piedecessor
                                       of                               ettb.tieys Generalfor
comrption- or whetherthey andthe other involved public offrcersand personsin positionsof

November , lgg4letter- to whichTimesPublisher
          27                                   ArthurSulzberger, andthenExecutive
                                                                  Jr.               EditorJoseph
Lelyveld wereeachindicatedrecipientsand eachsentcopies,certified maiVreturnreceipt.
a        The fint andthird oftheselawsuitsarephysicallyincorporated thesecon ElenaRuth fussout4,,
                                                                      into         d-
 Coordinatorof the CenterforJudicial Accountability,Inc., actingpro bonopublico,v. Commission Judicial
 Conductof theSnte of NewYork - postedas"Test Cases State
                                                        *        (Commission)-.My final October24.2002
 motiontherein,for leaveto appeal the New York Court of Appeals,
                                    to                                   ** "*pr"rrly based the record,
 "establish[ing]            thattheCommission been beneficiary five fraudulentjudicial
                ,primafacie,                   has      the              of                       decisions,
without which it would not havesurvivedthreeseparate    legalchallengss...".This countof five frauduleni
judicial decisionsexplicitly excludedtwo New York Court of Appealsdecisions- the
                                                                                             subjectof my
 immediately preceding Octoberl5,2002motion to theCourtof Appealsfor reargumenlvacaturfor frau4 hcl
ofjurisdiction, disclosure otherrelief. Thefraudulence
                          &                            ofthesetwo additional decisions, particularized my
October15,2002motion(at![$4,6, 57-65),included Courtof Appeals'concealment my entitle
                                                  the                                 of          ^ni ^ o
matterof law, to sanctions againstthe AttorneyGeneral'soffice,to its disqualification, to disciplinary
                                                                                      and              and
criminal refenalsof Mr. Spitzerpersonally based my showing theAttomeyGeneral's
                                               on              that                      submissions before
the Court of Appeals- as likewise beforethe lower statecourts-- were"frauds on the court,, of which Mr.
 Spitzerwasdirectlv knowledgeable.
New York Attomey Gene'ralCandidates                 PageFour                  June

public trust who have causedvast and irreparableinjury to countlessinnocentpeople and to our
societyat large are "abovethe lad'.

Needlessto say, if you are tr,uly committed to cleaning up Albany, addressinggovernment
comrptionanddysfunction,andchampioning     public integrityandtheFeople'srighfilratherthan
          posfiTng asreformersto sway votes- you will noi requirethe
9fntcfl1y                                                            f.ornptilg ofthe pressio
folcefu_llyspg_+ aboutthe inefutable-casefile
                  out                          proof of comrption in the AttonneyGdneral's
office, but will makeit the centerpiece your campaigns.

Enclosures: CJA's public interestads:
              (a) "Restr_aififg 'Liars in the Courtroom' and on the Public Payroll',
              (b)"Were Do You Go When         JudgesBreak the Law?,,
                   . l{,YT,rc/26194,  page;
                                  Op-Ed   }D(LJ,ttfit94, p.9
                 (c)*A Callfor Concerted
                    N|YLJ, 11120196,p.3
            (2) Pagg:1-3fromSpitzer's 1998 campaign  policypaper  "MahingNewYorkState
                theNation'sLeaderin PublicIntegrity:Eliot Spitzer's
                in Governmenf'
            (3) TralSclPlPages
                             l,13-14 of January
                                              27,1999breakfast Spitzer
            (4)cr_1;:eo3il:'9,3;:rff                        for
                                 l#xiffi f,:?,,F::i;;I?:ll,i,**;Iersion
                Revisit Courtof Appeals"
                      the                         NgryJorkpost,lZtZttg})

cc:   ThePress
 AUGUST27,1997                                                                                                    [at page 3l

                       AI\[DON THE PUBLICPAYROLL
9:I::: Auonet                       taw tolnnal pubtished.g                  to
                                                         Leter theEditorfromafonn* New                            york
Assis'tant       9gool whose   _oping smicnce
                                     g sentcnce   rcad "Attornqteqtqai Deinis iro;;;; worstenernv
                                                  read"Attornqt Guqal ieiiit Vaico's worct enernvwould      would
notsugdthd hetolaata unprofei;iorya7_y-iyepponsiblg by_h_is
                                     il ot bresoonsihle  ggnd{a hu his ncsistnntc ;froin-ejia;.--{a,'-;;;-^--
                                                         condud          assistino  nfrot tho lartn      {*
thanrtiezv'et*surlia,-the cintbfor_ruaiciit,qiciu-niniiii,-ili-(ciZl:;;;-;";1;;;;:';'r;:";fi;il1;;:;'
               urlia-,,tle_CEntAfir^naicig! Aicountability,t"". (c_iil,iiori:pai'*ii)        ;";:pr-rJii;ih;;;',
"**^",i** ::bl*!,,y-:gy::!_!:::q1g.y1_.coturyn r-o";;ril
             sub-mifredproposid Perspective    cotamn n ilie    Lai J-oi;h;i aa;ili;i ttt;;;{;6 c;;;ir,
gtr:i':."fr             a
      ffi?y":W#,,f,il{##f ,{t,;;!Wiii!##hi+ir
                                                        to itie 1.a,y        Aa;ili;i tft;-n;;;;,'c;;;if,

proposedPerspedveColumn,iJA tlaspa{a ii,oiiJz                     itiilyTi        canreadiL It appears

                                                                                                                 [at page4l
                       AND ON THE PUBLIC PAYROLL
         - a t3,077.22 presented,the
                     ad        in pubticnffi:;:ilrr/,rlrzf:iFfor JudiciatAccountabiriqt, _

 ^          .In his IUay l6th I€tt€r to the Editor, Deputy                   Thecase  challengd as written and as applied.
 State Attg*ey General Donald P. Berbns,' Ji.                      the constitutionality of the Commission's' self-
emphatically asserts,"the Attomey General does not
                                          -unprofessional          promulgated   rule, 22NYCRR $ which it has
accept and will not tolerate                                 or    convsted.itsmandatoryduty under Judici:iry Law 944.1
inesp-onsible     conductby membersof the Deparunent         of    to investigatefacially-msritorious iudicial miscoirduct
Law."                                                              complainbinto a discr€tionary   option, unboundedbv anv
             A claim such as this plainlv contributesto the        standard. The petition allegedthat since 1989 w-eheid
view - expressedin Mattheiv Liflander's otherwise                  filed eight facially-merito-rious complaints "of a
 incisive PersDectiveColumn "Liars Go Free in the                  profoundly serious nature -- rising tb the level of
 Courtroom" 0y'2497) - that the StateAttornw General               crynina-lity,involving comrption andmisuse ofjudicial
 strculdbe in the foreliont in spearheadinc      refo;n so that    offrce for ulterior purposes- mandatinc tlre riltimate
the perjury which "pervadei the judidial system" is                sanctionof removal".- Nonetheless,         as-allegod,each
investigatedand detenent mechanisms            esablished. ln      complaintwas dismissed the Commission,iithout
Mr. Lifflander'sjudgment,"the issueis timely and big               inveitigation, andwithout the determinationreiuired bv
urough to justify creationof either a stateMordlandAct             JudiciaryIaw$44.1O)that a complaintsodisniissedG
Commission investigation by the Governor and the                   "on its
                                                                           face lackingiir merit". A4nexedwerecopiesof
Attorney General, or a well-financed legislative                   the complaints, well as the dismissalletters. fu part
investilation at the state or federal level'', with                o.fthepetiqop,theCommission      was requested produce
                                                                                                            -       to
"necessary               power". recopurized
               subpoena                                            the record, including the evidentiarv proof sdUmitted
by Mr. Lifflairder ahd in the trvo pirblished-letter               with the conrplaints. The petition alleged that such
responses                                                                                        "prima
               Qll3l97,4/2197),judges all too oftenfail to         documentation    established,          facie, [the]judicial
$iqgipl.ine and sanction the perjurers who pollute the             misconductof the     judges cr3mplaiiedof'or
-          'In                                                     cause to believe ttnt the iudicial misconduct
                truth, the Attorney General, our state's           complainedof had beencommitted".
highest law enforcement        officer, lacks the convictionto               Mr. Vacco'sIaw Department       movedto dismiss
lead the way in restoring standards        firndamenal to the      the pleading. .Arguing agalnst the petition's specific
integrrty of our judicial process. His legal staff are            factual allegations,its dismissalmotion contended          -
among the most brazen of liars who "go free in the                 unsupported by legal authority - ttrat the facially
courtroom". Both in state and federal court, his Law               irreconcilableagencyrule is "harmonious" with thit
Deparfnart reliesm litigationmisconduct defendstate
                                                to                 statute.It madeno argument our challengeto the rule,
ag6ncies and officiali sued for offrcial misconduct,              as applied, but in opposingour Order toShow Cause
includingcomrption, whereit hasno legitimatedefense.              withTRO falselyasserted      --nnsupportedbv law or anv
It files nrotionsto dismisson the pleadineswhich falsifv-         factual specificity -- that the eich:t faciallvlmeritorioris
distort, or omit the pivotal pleadedailelations or whiili         judicial inisconduct complainti did not have to be
improperly arEueagainst thoseallggations,without a-ny             investigated                  "did
                                                                                 because   they       not on their face alleee
probauve evrdence whatever. lnese motlons also                    judicial misconduct". The Law Deparunent            made io
misrepresentthe law or are unsupportedby law. Yet,                claimthatanysuchdetermination        had ever beenmadeby
when-this defensemisconduct- i&aif verifiable froni               the Commisiion. Nor did the Law Deparunentproducb
litieation files - is broudrt to the Atiornev General's           the record- includinc the evidentiaryoroof suioortins
atte'irtion, he fails to takE any conective iteps, This,          th9 gomplqints,as req-uested the flitition anA'nuftei
nowithstanding the misconductoccursin cases great      of         rerfforcedDyseDarate      Notlce.
public import. Fu its part, the courts -- stateand feileral                  Althouih CJA's sanctions -documented
- give the Attorney Generala "greenlight."                        the Attorney General was fully                           and
            honicallv. on May l4th" iust two daysbeforethe        uncontroverted, statejudge did not adiudicateit.
I-aw Joumalpublijhed De-putv        Altorney GerieralBerens'      Likewise,he did not adiuiiicalethe Attomev General's
letter, CJA testified beforbtlie Associition of the Bar of        duty to lave interveneii on behalf of the-public, as
the Ciw of New York. then holdine a hearins about                 requested our formalNotice.Nor did he adiurlicateour
misconiluct by statejud'gesand, in piticular, a6'outthe           fomralmotiontoholdthe Commission default. These
New York StateCornmission JudicialConduct.The
                                    on                            tlueslrcldissues  weresimply obliteratedfrom the iudse's
Law Journal limited its coverage of this imporant                 decision,which concoctidgroundsto dismisstfie iase.
hearing to a three-sentence
*Updaie"(5115197).               blurb dn its front-pagenews      Tlrus, to justrfv the rule, as written the iudse advanced
                                                                  his own interipretation,falsely attributinE it to the
            Our testimonv described Attornev General              Cornmission. Such intemretation belGd bv the
Vacco'sdefense      miscoriductin an Article 78 iroceedins        Commission'sown definitioir sectionto its rules, does
in which we suedthe Commission Judiciil Conduci
                                          on                      nothing to reconcilethe rule with the statute.As to the
for comrption(N.Y. Co. #95-l09l4l). Law Journal                   constitutionality the rule, as applied. the iudee baldlv
read€rs alre3dy
          are         frmiliar with that public interestcase,     claimed what the Law Departfr6ntniver fiaAi$at ttr:e
spearheaded CJA On August 14, 1995, the Law
                 by                                               issue was   "not
                                                                                   beforethe co:urt". In facl it was souarelv
Journal printed our Letter to the Editor about it,
"Commission                                                       before the court - but adiudicatinc it would havL
                 Abandons    Inwstigative Mandate" and,on         exposed theCommission
                                                                            that                 was,asthdpetition allesed-
November20, 1996,printedour $1,650 ad,"A Call for                 engaged in a "pattern and practice of protec-tine
Concerted      Action".                                           politically+onnected    judges...shield[ing   theml from thE
disciplinarv crininal consequencestheir serious
                                     of                        Chairman,Henry Berger,and its Administrator, Gerald
iudicialmi-sconduct comrotibn".
                   ond       "the                              Stern, conspicu-ously-avoided  making anl statement
        TheAttorney  Generalis People's    lawyer",            about the case - althoueh each had received a
oaid for bv the taxpavers.Nearlvnvo vearsaqo. rn               personalized written challoge from CJA and were
Septerrber-I995, Clddemanded enirne,yGn6ral
                              tfrat                            Dresent durinc our testimonv. For is part. the Ciw Bar
Veicoake oqrecrftrc    to
                   steDs Drotect oublirifromthe
                                 fte                           Committee diilnot askMr. Siernarv oriestilons aboit the
combined*double-whirunvt'of fraud bv the Law                   case,althoughMr. Sternsuted that the sole purposefor
Deparrn€nt bv thecorutiir ourArticle78 oroceedine
           and                                                 his appearance to ansqrer Committee's questions.
                                                                             was          tre
agiinsttheComiission, aswell asin a prior nrticte ZE           Instead,the Committee'sChairmaruto n'hom-acopy of
pimeeding we brought sometlrcse the
      which had   agarnsl of             7E
                                   Article filelud been
 politicallywrccted jrdges, following the Commission's          month^s   earli-er- but, who, for reasonshe refused to
 wrongflrl dismissal of our complaintsagainstthem. It           identify, did not disseminate it to the Cbmmittee
 was not tre first time we hadapprisedAttorney General                     --
                                                                mernbers abruptlv closedthe hearinc when we roseto
 Vacco of that earlier proceedin-sl    involvinc uiriurv and
                                                     -WA        prot€stthe  Comriiuie's failure to makisuch inquirv. the
fraudby his tnropredecessor      Att6ineys Gerieril.     had    imporance of which our testimonyhad emphasizeil.
 givenhim wriuennoticeof it a yearearlier, in September                   Meantinp,in a 91983 federalcivil-rights action
 1994, while he rvasgtill a candidate that hich office.
                                          for                   (fussowerv.    Mansano, bt al,*9+ Civ. 4jl4 ifeSl. ZnA
 I$"qS we had-transmittedto him a full cofy.of the              Cir. #96-7805), the Attorney Gensal is beini suedas a
 litigation file so thathe muld makeit a campaiSrissue--       partydefendant subvertinjthe stateArticleT8 remedy
which he failed to do.                                         andfor "complicityin the wrbngful and criminal conduci
            Law Journal readersare also familiar with the       of his clients, whom he defendedwith knowledce that
serious allegations presented by that Article 78               their defenserested on p{urious factual allefations
proceeding raised as an essential campaign issue in            made by members of-hii legal staf and-wilful
CJA's sd"Were Do You Go When                JuiigesBreak the   misrepresentation the law applicable thereto". Here
Lav,7'. Published the Op-Ed pageof tlie October26,
                       m                                       too, IVfr. Vacco's Law Deparuient has shown that
 1994 New York Times, tlle ad-coit CJA $15,770an<i             tlrcreis no depthof litigation misconduct below which
wasreprintedon November l, 1994 in ttre Law Journal,           it will not sink. Its motion to dismiss the complaint
at a firther cost of $2,2E0. It called upon the candidates
                                           -                   falsified, omitted and distorted the complaint's ciitical
for Attonrey General and Governor "to address the              allegations and misrepresented         the law. As for its
issue of judicial comtption". The ad recitedthatNew             Answer, it was "knowihgly false and in bad faith" in its
York state judges had thrown an Election Law case              responses over 150 of the complaint's allegations.
challenging the political manipulation of elective state       Yei ttrefederal    distictjudge did not iOiuCicateoir firtty-
 iudceshios and that other state iudses had viciouslv           documented uncontroverted
                                                                                and                  sanctionsaoolications.
;etaliated against is 'Judicial wtrisite-btowin€', pr'o         Instea4his d€cisioqwhich obliteratedany mbirtion of it,
 borc oowsr;\Doris L. Sassower, suspendingherlaw
                                      by                       sua sponte, and without notice, converted the Law
 license immediately, indefinitely, and unconditionally,        Deparlnent's dismissal motion into one for summarv
 without charges,     without findings,witftozf reasons, and   judgment for the Attorney Generaland his codefendarit
 without a prC-suspension      hearing, - thereafterdenying    high-rankingjudges sate officials - wherethe record
 her- any post-suspensionhearing and any appellate              is wholly devoidofary evidence suDDortanvthinc but
reuew.                                                          summai], judgrnent-in favor of tfrri plaintifi, Doris
            Describinc Article 78 as the remedvorovided                     --
                                                                Sassower which sheexoresslv          soucht-
 citizensbv on sutelaw*o ensureindependenit        rbview of              Once more, altliough-we frve particularrzd
 governminal misconduct'', the ad r6countedthat the             written notice to Attornev Creneral      Vac€o of his Law
judgeswho unlawfrrlly suspended         Doris Sassower's law    Departnent's"fraudulentana aeceitru conduct" and the
 licensehadrcftsedto recusethsnselvesfrom the Article           distict iudge's   "cqnDlicitv
                                                                                               and collusion". as set forth in
 78 oroceedinc she broudrt acainst them. In this                theappEllait's brie{ he took no correctiv6steps. To the
 oerv6rsion of'the most fuidanrintal rules of iudicial          contrary. he tolerated his l-aw DeoarUnent's fiirther
 ilisoualification. thev were aided and abetted5v ttreir        miscondirct the appellatelevel. Tfius frr, the Second
 counset,  th€nAftornei Cr€n€rat   RobertAbrams. His Law        Circuit has mainained a "preen lisht". Its one-word
 Deparunentargued,without legal authority, that these           order                ,without rdsons, o[r fullydocumented
judges of the Appellate Division, SecondDeparflnent
-werl                                                           andunconfroverted      sanctions motion for disciolinalv and
        not disqualified from adjudicatingtheir own case.       criminal referral of the futornw General anA niinw
 Thejdges ttrengranted      theircounsel'sdismissalmotion,      Deparunent.     Orperfected appEil. seekingsimilar relief
 who3€   Fgal insdfticiency and factualperjuriousness    was    agiinsttlre futomeyCreneral, weil as the-disrict judge,
 documentedand uncontrovertedin the record before               is o beargued     THIS FRIDAY, AUGUST 29TH. It is
 them. Thereafter,despiterepeatedand explicit written           a casethat imoacts on everymemberof the New York
 noticeto success(r    Affornev GeneralOliver Koooell that
                                              "was              bar        since the focal issue presented is the
 his iudicial clients' dismissaldecision           iid is an    unconstitutionaliw New York's aftomevdisciplinarv
 outiight lie", his Law Deparfirent opposedreview by            law, as written dnd as applied. You're all invited tir
 the New York Court of Appeals, engaglngin further              hear Attorney General Vacco personally defend the
 misconduct bofore that court constitutinc a deliberate         appeal- ifh6 dares!
 fraud on that tribunal. Bv the time a nrit of certiorari                 We agree wittr Mr. Lifflander tlut "what is
 was soughtfrom the U.S.-Supreme          Court, Mr. Vacco's    calledfor now is action". Yet, the impetusto root out the
 Law Deparunentwas following in ttre foosteps of his            oeriurv. fraud. and other misconductthat imoerils our
 'Rppeals: (AD 2nd Dept. #93-02925:NY Ct. of
 predecessors                                                  judici6l procels is not going to come from oiu elected
             Mo. No. 529, SSD 4l;933;US Sup. Ct. #94-           leaders - least of all from the Attorney General, the
  1546).                   "hard                                Crovernor, I-egislativeleaders. Nor will it comefrom
            Based on the          evidence"Dresentd bv the      tlreleadershio   ofthe oreanizedbar or from establishment
 files of these two Article 78 oroceediirss.CJA freed           groups. R.ither, it !frll come from concerted citizen
 Arorney GeneralVacco to takd immedialeinvestigadve             action and the power of the press. For this, we do not
 rction ard rcmedialstepssincewhat was at stakewas not          reouiresubooena      power. We reouire onlv the couraceto
 onlv the comrption of two vital state asencies-- the           cofrrefonvird and oublicize thri readiblaccessible-case
 Coinmission on Judicial Conduct and-the Attornev               file evidence- at bur own expense,ifnecessary. Ttrc
 General'soffice - but of the iudicial processitself.           three above-cited cases - and this paid ad -- are
            What hasbeendreAitomeyGneral's response?            powerful stepsin the rigbt direction.
 He has ignored our voluminous correspondence.
 Likewise, the Governor, Legislative leaders,and other
 leadersin and_out government,
                       of               to^whomwe long ago        C nxrER /et
 save copiesof one or both Article 78 files. No one m a
 Ieadersh'ip  positionhasb€enwi[ing to commenton either
 of them.                                                           J uplcIAL
            Ind€e4 in advanceof the City Bar's May l4th
 hearing; CJA challmged Attomey GeneralVacco and                       A ccoUNTABrLrrY,rnc.
 tresel€d€rs to denyc disputethe file evidence       showing
 that the Commission is a beneficiaryof fraud, without             Box 69, GedneyStation,White Plains,IrtY 10605
 which itcould notlave survivedour fitigation dgainstit.              Tel; 914421-1200    Faxz 9144284994
 None aooeared -- exceot for the Attornev General's
 client, &e Commissionbn Judicial Condutt. Both its                         E-Maik judgeretch@rolcom
                                                                           On the Webz

Governmentalintesrtty cannd be Dresemed lesal remedies,
                      -And                if                desiened to proted the public from corruption and
abuse, are subvcrtid.      when they ue suSveiedbv those thi publb iayroll inchdineby our Stati Atornev
General and judges, the public nee7sto know ahouf it and toke u&wn. fhit's ihy we've-rulnthis ad. Your ni-
dcdudbb donotionswillhelp defray iB costand advanceCJA's vitalpublic iaterestwork
                                                          from the op-Ed Page,           THENEw yoRK TIMES
                                                                             oct.26, 1994,

                                              Where Do You Go
          rft                             When Iudges Break the Law?
                                           RoM TIIE way the curent electoral races are

                                       isn't an issuein New York. Oh, really?
                                              On Jurp 14, 1991,a New york Statecoun
                                                                                               Other cross-endorsed      bnethrenon the bench then
                                             shapingup, you'd think judicial comrption viciously retaliatedagainst her by suspending
                                                                                               law license,puttingher out of business
                                                                                                      Our statelaw provides citizens a remedy tg
          F                            suspended attorney's license to practice law-
                                                   an                                          ensure independentreview of governmenal mis-
          F                            irnmediately,indefinitely and unconditionally.The conduct.Sassower
                                       attorney was suspended
                                                                                                                     pursued remedyby a sepa_

                                       no hearing,no findings ofprofessional misconduct license.
                                                                 with no notice of charges, nile lawsuit againstthe judges who suspended

                                       and no reas{ons. this violates the law and the                 That remedywas destroyed thosejudges

  -                   l                court's own explicit nrles.                             who, mce again,disobeyedthelaw - this rime, tbe
 |r,Lf                                        Today, more than three yearslater, the sus- law prohibiting a judge ftom deciding a
                                                                                                                                             case to
 fr.]                                 pensionremains effect,andthecourtrefuses
                                                        in                              even whicb he is a paty and in which he has an interest.
                                      o provide aheaing asto thebasisof thesuspension. Predictably, thejudges dismissedthe case

          VI                          No appellatereview hasbeenallowed.
                                              Canthisreallyh4pen herein America?It not
                                      mly ca& itdid
                                                                                                      New York's Anorney Creneral,whose job
                                                                                              includesdefendingstatejudges suedfor wrongdo.
                                              The auorrey isDoris L. Sassower,

                                                                                  rernqmed ing, argued to our state's highest court tbat there

                                      naionally asapioneerofequalrigbtsandfamily law should be no appellatereview of the judges,
                                      reform, with a distinguished35-yearcaeer at the interesteddecisionin their ocm favor.
                                      ba. Wben the court suspended Sassower
                                                                         her,            was         I:st month, our state'shighest oourt _ on
                                     pro born oounselin a landmarkvoting rights case. which cross-endorsedjudges              sit- deniedSassower

 r+tr                                The casechallengeda political deal involving the anyright of appeal,
                                                                                                                   tuming is backon themostbasic
                                                             ofjudicial candidates was legal principle that'ho m^n sballbe thejudge of his
                                     implemented illegally conducted
                                                                            nominatingcon- own cause."In theprocess,fhat court gaveits latest
 G{                                  ventions.
                                             Cross-endorsement abartering scheme
                                                                                             deinonstrationthat judges and high-ranking state
                                                                                          by officials are abovethe law.

          |r                         which oposing political partiesnminate thesame                  Three yearsago this weeh Doris Sassower
                                     candidatesfm public office, virtually guaranteeing wrot€ to Governon          Cusns adcinghim to appointa
          J                   ..L
                                     tbeir election. These'ho contest"dealsfrequently special prosecutorto inrrcstigatethe
                                     involve powerful judgeshipsand turn vot€rsinto a evidenceof lawlesscondrrctbyj udges
      r                              rubber samp, subvertingthedemocraticprocess.
                                                                                                                                      and therehl-
                                                                                          In iatory suspension her license.He refused.Now,
          .-.             \          New York and other states,     judicial crossendorse- all stateremedies     bave beenexhausted.
- U 7
                                     ment is a way of life.                                          There is still time in the closing days before
                                             Onesuchdealwasactuallyputinto writing in theelectim to demand candirlaEs  that           for Govemor

ZaL                       -
                                     1989.Democratic Republicanparty
                                     out sevenjudgeships
                                                         and                    bosses dealt and Acorney Generaladdressthe issue of judicial
                                                            overa tbree-yeaperiod. ..The coruption, which is real andrampantin this
                                    Deal" also included a provision that one cross-
                                                                                                    Wheredo you go whn judgesbreakthelaw?

                                    endorsed    candidate
                                    judicial term, thenresign eight monthsafter aking
                                    thebench ordertobe
                                                           would be "elected"to a l4-year You go public.

                                                                        toa different,
                                                    judgeship.Theresultwasa musical-
                                    chairssuccession newjudicial vacancies other   for
                                                                                                    Contactus with honm storiesof yotn own.

 - '                                cross-endorsed   candidates fill.
- \ .                                        Doris Sassower                                               A                       '
'r-T.-l                                                      filed a suit to stopthis scatr,             I{.CCOUNTABILITY
                                    but paid a heavy price for her role as a judicial
r\\             -.-                 whistle-blower.    Judgeswho were themselves
                                                                                                   TEL (e14) 421-1?flo . FAX (914)684€s54
                                                                                        the               E-MAIL
--7                                 products of cross-endorsement       dumped the case.        Box 69, Gedney Station . White plains, Ny tO6Os
                                    The center tor Judicial 'Accountability, Inc. is a national, non-partisan,
                                                                                                               not-for-prcfit cit*ens, organrzation
                                               raisng public consciousness about how judges break the law and get away
                                                                                                                                with it.
         November20, 1996
Wednesday,                                                                                                         Page3

 Last Saturday, The New York Times printed our Letter to the Editor,uon Choosing Judges, pataki Creates
 Problems",aboutthe Governor's    manipulationof appointive judgeships.Meanwhile,tfti New york Law Journal
 las f1lled lg print the foUlnin{ Letter to the Editor, which we submitted last month, and ignored our repeated
 inquiries. lle think you should seeiL

           In his candidPerspective     piece"The Importance        DistrictAttorncy, chargingthernwith inciting the public
 of Being Critical' (10117196),       Richard Kuh expresses         by deliberateJy                          and disiortin! m"
 concernthat the Committee Preserve Independence                                         -misrepresenting
                                to            the                   tanscript. Indeed,     because Mayor Giuliani's
                                                                                                    of                  professed
 of the Judiciary,in its nrshto defend    judgesfrom personal       concern protecting
                                                                              in              New yorkers from,,unfiijudges",
 attaclgwill ignorelegitimatecriticism against       judges. He     we delivered him a copyof the file of our casi agiinsi
 therefore suggests that the now seven-monthold                     theCommission JudicialConductso that he could take
 Committeebe countered formationof "an up-front,
                             by                                     action against it for endangeringthe public by its
 outspoken,    courageous  publicly attackbench        demonshablecover-up of judicial miiconduct and
 shortcomings".                                                     comrption.
           In fact, such"up-front, outspoken,        courageous                It was against   this dazzlingrecordof pro bono
 group" alreadyexistsandhasnot only challenged            "bench    civic-activismby CJA, protectingthe public from self-
 shortcomings', but the rhetorical posturing of the                          politicians,no lessthanfrom unfit judges,that bar
 Committee Preserve Independence the Judiciary.
                          the                   of                  leaders law schools
                                                                            and                formedthe Committeito preserve
           The group is the Center for Judicial                     theIndependence 0reJudiciaryin early March. prior to
 Accountability,Inc. (CJA), a national,non-partisan,        non-    its organizational meeting at the New york County
 profit organization lawyersandlalpeople. For the past
                      of                                            LawyersAssociation,      CJA requested opportunityto bL
 sevenyears, CJA has documentedthe dysfunctionand                   present.We madeknown to the Committee'sorganizers
 politicization judicial selection discipline
                 of                   and              processes    our public defense JudgeDuchnan, as well as the
 on local, state,and nationallevelsand hasbeenon the                significanceof our case against the Commission on
 front-lines in taking action to protect the public. Two            JudicialConduct.. the file of which we had provided six
 yearsago,we ran an ad on the Op-Edpageof TheNew                    weeksearlier to the City Bar. Nevertheleis,when we
 York Timesentitled, "l[lhere Do You Go WhenJudges                  arrivedfor the Committee      meeting,with yet anothercopy
 Break the Law?", about our in-the-tenches             formative    of the file of our caseagainstthe CommissiorU room   the
 background battlingpolitical manipulation judicial
                in                                    of            was literally locked with a key to bar our entry.
 elections this stateandaboutjudicialretaliationagainst             Meantime,     Judge  Duclcrnan's   attorneywasushered io   in
 a judicial whistleblower.On Novemberl, 1994,we re-                 address assembled leaders
                                                                              the              bar          and law schooldeans
 ran that ad in this newspaper.                                     andwaspresent       while the Committee    reviewedits draft
           CJA's work has received growing media                    Statement.    This Statemen!of course,included rhetorical
 attention:in anA&E cabletelevisionlnvestigative          Report    support for "the independent functioning of the
 on the Americanjustice system,in Reader'sDigestand,                constitutionally   created   New York StateCommission         on
 mostrecently,in an articleentitled "Playing Politicswith           JudicialConduct".
 Justice"in the Novemberissueof Penthouse.                                     Since then, the Committee to Preserve the
           Both this year and last, the Na+' York Law               Independence     ofthe Judiciaryhascontinuedto shutus out
 JournalhasprintedLetters the Editor from us. In "ly'o
                              to                                    and ignore the file evidencein its possession         that the
 Justification for Process's Secrecy" (1124196),             we     Commission "not merelydysfunctional, comrpt".
                                                                                    is                              but
 recounted testimonyat the so-called"public" hearing
            our                                                     Likewise,the politiciansto whom we have given copies
 ofMayorGiuliani's Advisory Committee theJudiciary,
                                                on                  of thecourt file, includingGovernorPataki,have ignored
 protestingthepublic's exclusionfrom theMayor'sbehind-              it. Indeed,we cannotfind anyonein a leadership        position
 closed-doors   judicial selection process demonstrating
                                             and                    willing evento cornment the Commission
                                                                                                  on                  file.
 that suchsecrecy    makes"merit selection"       impossible. In               Suchconduct bar leaders, schooldeans,
                                                                                               by              law
 " Commission    Abandons  Investigative   Mandate"(81    14195),   andpublic officials only furtherreinforcesthe conclusion
 we described ground-breaking
                  our                     litigation against the    that if the real and pressing issues of judicial
 New York State Commission on Judicial Conduct,                     independence accountabilityare to be addressed,
 challengingthe constitutionality its self-promulgated
                                       of                           including   protection judicial "whistleblowers", will
                                                                                            for                              it
 nile (22 NYCRR $7000.3)by which it hasunlawfully                   require the participationof thoseoutsidethe circles of
 conver*rqdits statutory duty to investigate facially-              poryerin the legalestablishment.
 meritorious complaints(Judiciary Law $44.1) into a                            CJA inviteslawyersyho caryaboutthe integrity
 discretionary optioq unboundedby any standard.Our                  of thejudicialprocess andthe quality of iudeesard-und
 published  Irtter invited *re legalbommunity reviewthe
                                                   to               whichtheproiess      pivots- to joinus f6r coic&ed action.
 New York CountyClerk'sfile (#95-109141) verify the to                          for
                                                                    Requests anonymit-y r-espected
 evidentiary proof therein that the Commissionprotects
 politically-connected,   powerfrrl  judgesfrom disciplinary
  investigation that it survivedour legal cl:o,llenge
                 and                                        only       C 'NrERl"!v
 because a judge's fraudulent
          of                         dismissal   decision.
                                                                           J uorcrAL
           Back in Februaryof ttris year,at a time whenbar
 leaders were hemming and hawing on the sidelinesas
 Mayor Giuliani and GovernorPatakiwere calling for the                        A ccouNTABrLrry, rnc.
 removalof Judge     Lorin Duckmanbased their selected
 readingsof transcriptexcerpts        from hearings which
                                                        at            Box 69,Gedney   Statlon,White Plains,Iyy f 0605
 Judge  Ducknan loweredbail for BenitoOliver, CJA had                  Telz 914421-1200        Fax:914-684-6554
 alreadyobtainedthe full hanscript. We wasted time in  no                   E-Mailz
 publicly rising to the defense JudgeDuckman.We
                                     of                                 On the llteb:
 wrote to the Mayor, the Governor, and the Brooklyn

 If you share CJA's view,thatoar reply to Mn Kuh's Perspective  piece is an important one and deserved be seen
 bylhe legalgommaniq4help defraythe costof this ad It costus fi,AltSA. All-donationsare tu4eductible. Better
 still'ioin CJA as a member. Yourparticipation, up-front or behind-the-scenes, make changehappen


                   THE       LEADER
   PUBLtc                           IN
        tNTEGRtry: sptrzER's
               Eltor       pt-Arrr
                     TRUST GOVERNMENT

       Toooftenthe Empire    State perceived the Special
                                  is          as            tnterest
 Newspapers   routineryreferto New  yorKs.twistedd;m;;;cv,;';;;Abant's
                voter:ihavebecome    accustomed a.cycte.of
                                               to          campaign
 scandars, bafiot"orr:. chicanery,                                   finance
                                   ilprggnt proteciionschemes special
                    Nationally, YorkStateis noiorious iis wear<
 comrption                                              ror         public
           raws, its rackruster
                 and             enforcement rad o; ti;'firr]'^
     Whileotherstatesin thefiation including
                                  -        neighboring
moved                                                  states-
      decisively cleanup govemment, Vorkremains-mired have
               to                    New                    in a system
wherean openwa]lgtm?gn:anopgn           pubric
                                             officiars, where
                                 {oo1to              and         the
workingfamilies Newyork areleftwithout puoricvoice.
              of                       a
      citizenswanta greatervoice o.yldemocracy, have  but
hopethattheirelected                in                         nearry
                       officials giveit to them. Thrscreates deepening
                               will                            a
spiralof voterapathy further
                     that        reduces citizeninvotvement govemment,
andin tum increases influence moneyed                       in
                     the           of          sfeciatinterests."
  '   EliotSpitzer theonlyAttomey
                  is                   Generat candidate who
takeon thetaskof cleaning govemment takingon ailof is prepared
                            up             by
                                                            theirobLms tnat
haveledto govemmen_tal    Slagnltion coruptionrYn york 'elioispie",
                                     and             New
doesn't tatkabout     fightinggovemment   corruption speciilini"ilrt power,
he haslivedit spiEer.doein't hord
                                just     press conferences propose
warmed                                                     and
        overideas; he has newideas he boastsa trackrecord
govemment   ethics.                                               on

       spitzerwas involved oneof theontymaiorpublic
                          in                          integrityprosecrJtions
in NewYorkStatein the lasttwodecades.As an Assistant    prosecr"rtorthe
Manhaftan office,he waspartof theteamthat
           DAs                                                     in
officials of bothparties forabuse thepublic
                        -                       frosecuted severalpublic
                                  of          trust. SpiberaisoteLmed    up
withLawrence  Rockefeller,.aRepublican, partoi a coalition
campaign forcethelegislature make                         leading public
          to                  to     baliot
                                          access   easier Newyork
state' Thissuccessful campaign helpedloosen archaic
of thestate.                                            ballotaccess  laws

             Eliot Spitzerfor Attorney General
                 pHoNE   212_42o_1ss: O* 212_42O-O4g5
                 spitzer buildonhisindependence,
                        will                            experience commitment
      to be anAttorneyGeneralwho crack                            and
                                      will   dgwnon'puotic  comrption fightfor
      legisfation restore voice thepeopfe staiegovernment.and
                to       the         of          to
      attackingeachof     ifls afflicting staie'spotitical           ontythrough
                      th.e              the              system comprehensive
                         can restore
                           we     a responsive

                      create, withintheAttorney      office,a pubriIntegrity
                      officeto uncover rem;dygovemment
                                      and                abuses
                      the state.                                throughout

                      giving elected
                                     greater restrictions tobbyists banail gift
                                                        on        and

                     Ignt to reprace current
                     'clean.Moneyfth.9        campaign
                                   option hasbeenapproved voters the
                                         that               by     in

                      Fightto efimindeincumbent
                     Fightto ensure
                                        disclosure voteraess to

           Thefirststepin restoringpublictrustin stateandlocalgovemment to is

    ensure all publicofficials
            that                throughout statearedoing publicswortq
    and notfurthering                                         the
                      theirownself{nterest. E-liot         jtringJnily'lntorce
    state'slartlsagainstcomtption,                                            tne
                                  fraudandabuse rt",. andlocalofficials
    across state.

      -. .Cunently,     localdistrict attomeys  prosecute public comJption
                                                                         cases. Too
    often,localDAs          charged poiicing
                                      with        theirclosest associates political
    allies: inherent T9 syst,em frequent                                and
                      in this         are         conflicts interest
                                                           of       anJnx-
    prosecution.Forexampte,         cunent  N'ew YorkElection p;ililits?rporations
    fromdonating    morethan$5,000 yearto political
                                         pel                candidates;
    evidence widespread
               of                                                     thereis
                                abuseoi tnisrule,but no enftrcement it.
             Hence, need a Pubtic
                     the        for          Integrity
                                                     Officer willheadup a public
    Integrity ffice within officeofAttorney
                             the                   beneral, willpropose

t(  for.passage registation givetbroad pow"rs. in. puuiiJir[giity work
                  of                                                       and
    will vigorously enforce election lobnying cunengy the bffi*
                              the          and         laws          on
    andprosecute     thoseofficiars                                        books,
                                     found be in viotltionofther",-ir,
                                           to                        ,"g"ior"ssof
 partyaffiliation.(Even if.thelegislature notpasssucha measure,
 PublicIntegrity                                                the
                officerwiilusethebroad  subpoena powers theAttorney
 Generafs  office assist
                to        localprosecutors
                                         in'rooting conuption).
               vigorousry prosecute  pubriccorruption. Investigate
              prosecutepublic                                       and
      7,-/           of
              conflict interest,
                                election andcampaign
                                        law              nnJn""vioi"tionr,
              fraudor.abuse rerating government
                                    to            piocurement and
              contracting, other
                         and       violations thepublic
                                            of          trust*rritt"o Oy
              governmental offigials by thoseaoingousinesswitn
              government.                                          ln"
                          usingtheAttorney  General,s subpoena  powers,  the
                            officewiltbe eguipped conduct
                                                  to        ino..Ifini"ntand
              e*raustiveinvestigations corrupiandfraudulent
                                      of                     pi"It-i"J, ov

             Train and Assist Local Law Enforcement. providetraining,
             expertise assistance local law enforcement
                        and            to                        agencies
             govemment                                                    on
                           corruptionand crime. And.if..alocal proiectrtordrags
             his heelson pursuing   possibreimproprieties, pubrictntegiity"-
             office will be authorized step in to'investigate
                                      to                      "r,0, itwanlntld,
             prosecute responsible
                         the            publicofficials.

               Greatea PubricIntegritywatchdog Group. createand
              coordinate independent,
                         an              nonpartisan public Integrity
              group,to be madeup of representatives variousJtate
                                                     of              agencies,
             watchdog   groupsand concerned   citizens.This advisory gioupwiri
              recommend   areasfor investigation,coordinatepolicyissues
             pertaining publiccorruption
                        to                 issues,and advocate regulations
             that hold govemment  officialsaccountable.

              Encouragecitizen Action to clean up Govemment. Establish
             a toll-freenumber citizens reportpubliccorruption misuse
                               for     to                    or
             of taxpayer dollars.

              Reportto the people. lssuean annualreportto the Govemor,
             the legislature the peopleof Newyork on the stateof public
             integrity Newyork and incidents pubric"orruption.
                      in                    of

                       itsjob, to
      ,T:,.1"]111"-!mg..Oo and protect
                                        honest strong-
                      emptoyees           pubtic
:l?*ltllt^?.1t_119 I prgl?cti who     report   coruption, spit=",
                            onsforsovem" ntwhstIe otowers, uoing
yl_:|'-:^::111!11?f of                  m    i          inJ
restrictions disclosure the identity
            on                     of   a whistleblower
                                                      unless is consented
to or orderedby a court.
    New York Law Journal
                                                                                                        PageI of22

     r PageOne
                              Brcaldastwith Etiot Spitzcr
     r Toda/s NerrcUpdde
                              Tott d by the New_yorkLaw Journal
     r lrnoeacfrnrert         Association rheBar of rhe Cit;;v"* and the
                                         of                        york
    . TecfrTrends{ffiF        January2Trlggg
    . Previrrs Stories
    . Correcffdrs
                                MR eOOpER:Good.morni4g.IVIy
                                                               name Mke C.ooper. the
                                                                     is              Im
                                president theAssociation
                                          of             oFtnr=g; andit,s*y gr;t pbasure
       Decisiorsof lr{erest     welcome to meet neu. attry9l
                                         you        and tr,"                             to
     . PrevbusDedslals
                                offics ofthe State                      c#rf,iliniurbgul
   -...of tntere**.ffi;                           ofNew Vorfr,
     o NYCourls  Horne
     . Judges'profles          Eliot washerea fi1tl1overf-our
                                                            months with threeotber
                               candidates they:"r*r:                ago
    . Cqnt& Judges.                      in               prir*,"y,."a took thatoccasion
    . Cotrl Notes
                               you something hisvision
                                            about             f"r rh;om* oifroiULoour  to tell
    . Consumer                 the changes hewoutd make
                                         that          i"         itt "p*tion.
                 Laul                                                            And r gressthat
                               5:g"       beca'se bested'rd;il.;;:ffi*es
                               pnmary thendefeated incurnbent
                                     and         the                                          inthe
    . NYLaurWeb
      Directory                we areverypleasedrhis  morning theAssociation co-host
                                                         jw at
    . NYI-anJobs
    . Too100LawFkrB            event with theNew.Yorkra- liurn4              to        this
                                                                   whowereour co-hosts back
    . AssociatepayWatch        at thecandidatesdeb_ates
                                                      tl ytt c"pro,u"r Andwithout
   . Bar Ercam                 ado'r wourdlike to pres:nJ p*riJ."t               fi'ther
   . Personal                                            tr,.       andchiefexecutive
              lnjurv           of theAmerican LawyerMedia" p"if.t.                   officer
            Habase                                            Biil

   r Gor{ad Us                MR POLLAK:Thank   you,Mchael.  Andthankyou all for coming
   r Site Guide               to thesecond
                                         ofwhatwe hope;ll il;*ntinuing
                              programs the
                                      inwhich                          series  of
 ..... Readers
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     Our                      light on issues this stateand
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                              of a vastregar                                   about.Administrator
                                            bureaucracy about500attorneys
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http ://www.|inks/spitzertrans.
     New York Iaw Journal

                                  Sqyes w'r examine cases
                                        we          those
                                                             Td rj have   arreadymoved
                                  expand range cases wilrbel.rangredl;rh.;i,
                                        the    of    that                             to
                                  Bureau.wthoutrooking                           Riehts
                                                             i trri*
                                  gained m'reuyrerirp*u"r Ja^i, tt# ir'""riirg rob,
                                       any                         ofwhar  happened
                                  past years.can
                                     four    I    merely tfrrr,*iU be;;ffiffi; -- inthe
                                  aggressive   civilrigfttsagenda tt ene,tt y.urr.
                                                               ove,       four
                                 we have arready
                                               begun significant
                                 artiberrv tarkurout.*'L;uh;y ry .rb-of cases,
                                         to                                  ufrich arnnot
                                 tough                           bePun ild#;e        v€ry
                                      issues wewill move
                                            and            drHy onthern
                                 MS. HOCHBERGER:Thankyou.
                                                         Go ahead.

                                IUS' SASSOS.ER:  ytryr.isErena sassower, the
                                ofthecenter Judi&at
                                           for                               rm coordinator
                                andthank for 'n4F
                                        you                          J y**;;;;1a1e
                                               ;iri"rir, i.*t"**        you
                                            of a              unit.rnaei4,r,"r-L th€first
                                question r zubmiued r'il_byaq
                                       that           byE
                                   pre-election        -so,               what become
                                                                                had      of
                                rhat         proposal. t il r*io"ttghr;";;";oyed.

                               ra mejust though'.kip to mythird
                                                                questiontrratI had proposed
                                    and thatis,thati *ouiAn"j"lirlt
                               would examine practicesird" u public
                                    also         the
                               defending judges ,ht" ug;;;;;'rir#ff atto*ey Genera,s in
                                       state       *a

                               Asyo' know, rana $3,000
                                           we          publicinterest about fraudulent
                                                                   ad     the
                                     tacrics theAtrorney
                                           of          A;il's office.

                               MS. HOCHBERGER:Is therea question?


                                           Could gerto thequestion.

                              MS' SASSOWER:    y1 stepjareyougoingto takein viewofthose
                              allegations theAttorneyGenera't
                                        that                 "m." uses fraudto defe,nd
                                          and State
                                             the   bor*irti"" onJudiciat
                              ,H:}*ttes                                  cori".i*"a in

                              MR S'ITZER:Anything is submitted
                                                that         to uswewilr rookat it.

http://www.   nylj. com./IinkVspitzertrans.   html
    NewYork Iaw Journal
                                                                                                     paget4 ofL2
                                 MS. SASSOWER:have I have
                                            I    it.     it            righthere.

                                 MR SpnZER: Okay.WhydidI suspecr
                                MS' HOCTIBERGER: onearso
                                              rhis      came overE-mair.

                                what areyourviewsontheunauthorized
                                andspecificalry respect rhe"*"rdr'"d;ri*i* of lawgenenary,
                                             with     to
                                immigration in uew vortr Ho*;[
                                          raw                                    or
                                                                 y;* "d; dear    with it?
                               MR SprrzER It is anar@where
                               enforcementa'thority, asI wasreninded ;";,
                               goodfriend&l Meyer'we have            *        by myvery
                                                             *TFgritytu o6r." those  rures
                               with theBoardofRegentg we will
                                                         and      do soaggressively.

                              I ttr;nkit does. interesting
                                             raise          issues areas
                              is,fiao.y, not sufficient,.p.Jrrotti.".;;#;;;on ofthe lawufrerethere
                              partiarrar onezuchareaso r know
                                          is                                                hw in
                                                                    therehaveG some            grave
                              proposals theyears permit
                                          over         to       some   non-li"rnJ lawyers give   to
                              advice to a cerrain
                                      up            threshordi1tr,or" -;;;;;il
                              area wtrere win beaggressive our;rd;;i"h"r
                                           we                                         obviousry     an
                                                              in                             it,,
                                                                                rvuu wll{;rE If s


                              A SpEAKEIf:^l:d .:,-rr& It solnds
                                                               like webeready an
                              E-ridefor those youthatrimember
                                             of              Disne;r

                             what roredo you seeor foresee
                             courtqthebar,your officeandotherom.o rysterumeaning      the
                             iszues mayor maynotmanifest             *tii;rp*  to theyI(
                                  that                      ,fr.*rai".r."'-.".

                             MR S'ITAR: Well,thefirstthing.I
                                                            havedone to try to see
                             where AttorneyGenera's
                                  the               omdi, in r.*r;il;;
                                probrem. r donr
                             this                                         prepared for
                                      And                h.";;;;;;#;"-,lils
                             we arein t.*T of gettingour computer             orwhere
                                                                      readyfor the _ for
                             thatmoment'   opvio"g r*nr. aremore
                               getting 1ia
                             and                        .
                                     paychecks ifreUu,rf systemworrieo
                                              unA        ng                 crashing. But, I think
                             *. *[   beip'.epar"O

                            what role generaty there is for
                                                            rawyers, I reaty havent thought
                                                                     r rwrJ traYenr
                            aboutthat in particular.

http://www.nylj.   com/Ii nks/spitzertrans. html
                             Cnxrnn fo, Jvnrcrel AcconNTABrLrry,
P.O. Box 69, Gednqt Station                       TeL (914)421-1200                   E-Moih judgewatch@oLcom
lfhite Plains, New Yor* 10605-0069               Fax (914) 42&4994                    Web site:
Elena Ruth Sassower,Coordinator

               Themostsalientqsp?::ts this storyproposalcqn be independently
                                        of                                      verified
               within afew hours- Theresultwoutirightfutty endMr. Spitzer'sie-election
               prospects,political future, and legol cqreer. Its repercussions Governor
               Patqkiwouldbe similarly devostating.

                         public is told that Eliot Spitzeris a "shoe-in" for re-electionas Attorney
       Xf*flf:1tre a rising
       ueneral' and           star in the Democratic   Partywith a future as Governorand possibly
       President2.   The reason suchfavorable
                                 for                 view is simpte. The presshas notbalanced    its
       coverage lawsuits otheractions
                 of         and               initiatedbyMr. Spitzer, promoted his press
                                                                                by          releases
       andpressconferences, any coveragg
                               with                o{lawsuitsatftrnaidby M.. SpLer. This,despite
       the fact that defensivelitigationis the "lion's share"of whatthe AfforneyGeneral    does.

      Wise),quoting  MauriceCanoll,Director   orqui*lpiu. Cott.g. PollingIr,rtitute,"Spitre,
                                                      "[Gov.                                 hasturned to be a
      very goodpolitician,andheisjust not l'ulnerable";      Pataki]codJ pick theiather, SonandHoly Ghostand
      James  Traub),"spitzer's positionis considered impregnable utr n puuti.*,
                                                     so             tjrat                 Gve put up a virtually
      unknown  judgeto oppose this fall - an rndubitabG
                               him                          prooror pohtical,u...r."; ,,Ihe Enforcer',(Eo4une
      Magazine,  September 16,2002coverstory,   Mark Gimein;,"he's
                                                                   almost certain win a second
                                                                                  to             termasattorney
      general fall".
      2      "spitzer
                        Pursuinga Political Pari" (Albany-Iimeg-ljnlo!, May 19,2002,James
                                                                                             Odato);.,ANew york
      official whoHarnassed      PublicArs"t" (Nr*-Y,9rkTi-o, Muy 2i ,2}}z,James McKinley);     ,,Spitzer
      to Cruiseto 2nd rerm" (Ganngt!,     May 27,2002, Y;ct     Royl;2'Attoiney  Generat irirrt, Future Role as
      Legislature"(Associated    Press,June 4,2002,MarcHumbert);;''6emocrats on Etioi Spitzer,
                                                                               Wait                  Imminent,It
      Boy"'(New York Observer,      Augustlg,2}}2,Andrea eernstein;, "many
                                                                                   alrcady beginning talk -
                                                                                            are          to
      albeitvery quietly-- aboutthe chances a Democrat
                                             of           winningUactttt" Governor's oflice in 2006. At thetop of
      their wish list is Mr. Spitzer,whosename  recognition sh& throughtheroof in the lastyear,privatepollsters
      say,andwho appears for now,at least to haveno negatives."

 TheAttorneyGeneral's   orvnwebsiteidentifiesthat the office "defendsthousands suitseach
 yearin everyareaof stategovernment" involving"nearlytwo-thirdsof the Departrnent's
 Afforneysin bureausbasedin Albany and New York City and in the Departrnent's
 Regionaloffices."3 It is therefot. uppropriate the presj critically examine least
                                               that                           at     one
 lawsuitdefendedby Spiuer. How elsewill thevotingpublicbe ableto gauge on-the-
                   Mr.                                                         his
job performance this vital area?

our non-partisan" non-profit citizens' organization"
                                                   center for Judicial Accountability, Inc.
(CJA),proposes specificlawsuitasidealfor pressscrutiny. The lawsuitis against ri"gf,
                a                                                                  "
high-profilerespondent, New York StateCommission Judicial Cond'ucg
                        the                                on                     suedior
comrption- and is expressly   broughtin the public interest. It has spanned fuIr. Spitzer's
tenure as Attorney Generaland is now before the New York Court of Appeals.tvtost
importantly,Mr. S.pitzer directlyfomiliar with the lawsuit. Indeed,it was generated
                       is                                                              and
perpetuated his official misconduct- and seeksmonetary sanctionsagainst,
            by                                                                         *a
disciplinaryandcriminalreferralof, Mr. spitzer  personally.

As you know, Mr. Spitzer's1998electoral victory asAttorneyGeneral  wasso razor-close
it could not be determined  without an unprecedented  bailot-counting. Aiding him was
ElectionLaw lawyer, Henry T. Berger,the Commission's       long-standilgChairman. What
followed from this and other evenmore formidableconflicts of iot...ri was predictable:
AttorneyGeneral  SpieerwouldNOT investigate documentary
                                              the              proof of the Commission,s
comrption proof leading Mr. Berger.
                         to            Thisnecessitated lawstit, ElenoRuth Sassower,
Coordinatorof the Centerfor Judicial Accountobility,Inc., octing pro bonopublico v.
Commission JudicialConduct theState Newyork-- whichrul
             on                of         of                                hasdefended
with litigationtactics fraudulent wouldbe grounds disbarment committed
                      so           as                    for             if          by
a private attorney.

The lawsuit file containsa breathtakllg paper fiail of colrespondence
                                                                    with Mr. Spitzer,
spanning3-l/2 years,establishin direct knowledge his Law Deparrnent'sfraudulent
                              ghis                    of
conduct defending Commission hrspersonil tiabilityby his wilful refusal
       in           the            and                                       to meet
his mandatory   supervisory
                          dutiesunderDR--1-104 New York's Codeof professional
Responsib (22 NYCRR gI 200.5).

Addedto this, the lawsuitpresents astonishing
                                  an           "insideview'
"public integrity                                           of the hoaxof Mr. Spitzer,s
                 unit" - which,by September
                                          19b9,  wascitedby Gannett having.hlready
loggedmore than 100reportsof improperactionsby stateand local officials
York" ("spitzer'sAnti-corruption unit Getsoff to i nrry starf,, glg/g9).

      Seewww/     the Attorney General'sOflice" - Division of StateCounsel.

Exposing hoor of Mr. Spitzer's
           the                      "public
                                            integntyunif'properly begins
                                                                 -Cle     with examining   its
handlingof the first two  "reports"
                                   it received.lttir. *eri ftbrn      *a involvedth.;;
issues subsequently  embodied the lawsuit.Indeed, publicly handed
                                in                     I                 thesetwo ..reports,,
to Mr' Spitzeron January27, lggg immediately          upon his iublic annogncement the of
establishment his "public integntyunit". This is r&lectedUy trrefianscript
               of                                                               of my puUti,
exchange   with Mr. Spitzerat thattime,transcribed the New york Law Journal
The first "report", whosetruth wasand is readily-verifiabtefrom the litigation
                                                                                 files of Mr.
Spitzer'sLaw Department,     requiredMr. Spitzeito "cleanhis own housi,, beforetackting
comrptionelsewhere the state.At issue
                      in                   werethefact-specific  allegations CJA,s
public interestad,"Restraining'Liars in the Courtroom'and on th; public payrolf,$3,00b
York Law Journal,S/27/97,pp. asto a modus                                               fu
                                3-4),              operandi fraudulent
                                                            of           defense tactics used
by predecessor  AttorneysGeneral defeatmeritorious
                                   to                    lawsuits,includinga 1995     tawsuit
against Commissioq
        the              sued comrption.Thisin addition fraudulent
                              for                            to           jidiciat decisions,
protecting judgesandthe Commission.

The second    "report" was
                           of no lesstranscendentimporhnceto thePeopleof this State.I! too,
was substantiated documents.
                    by               These wereprovidedto Mr. Spitz; includingdocuments
tls to the involvementand complicity of GovernorPataki. At issuewas
                                                                               not only the
Commission's     comrption,but the comrptionof "merit selection" the Co.rt of eppeals.
Reflectingthis was my published      Letterto the Editor, "An Appeal to
                                                                                 Reyls the
CourtofAppeals"(New York PosLl2l28lg})- whoseclosing                           ..This
                                                                iaragraphread:       is why
we-will be callinguponour new state     attorneygeneral the Gopir'r lawyer,,to launchan
offi cial investigation."

As detailed the lawsuitfile, not a peepwasthereafter
              by                                          heardfrom Mr. Spitzeror his .public
integdtyunif'about thesetwo       "reports".
                                              Endless attempts obtainini'ormation
                                                              to                     regarding
the status anyinvestigations
            of                    wereall unanswered.  krdeed, Spiuer{ody respoisrrr"i
to replicate fraudulent
              the            defense tacticsof his predecessor AttorneysGeneral,   complained
of in the first "repolt". This,to defeatthe lawsuiiwhich I, acting* u,ut
broughtto vindicatethe public's rights in the face of Mr. Slit erls inaction
                                                                                  born of his
conflictsof interest.

Whathasbecome the "morettran100reportsof improperactions state
                 of                                                by      andlocal officials
acrossNew York" citedby Gannett having
                                  as       been  "already logged" September
                                                                   by              1999.And
what has becomeof the hundreds    more "reports"presumably      "logged"
                                                                          in the threeyr*,
since?A "search" Mr. Spitzer's
                 of              AttorneyG..rrui*ebsite t;r, ;;g state.rry.usflproduces
only sevenentriesfor the "public integdty unit", with virtuitty ,o ri,brt*ti,,o.
aboutits operations accomplishments.

 Thatthe media-sawy   Mr. Spifzershouldoffer suchfew andinsignificant
                                                                    enfries startling,
 in andof itself- Evenmoreso,whenjuxtaposed Mr. Spitzeri specific
                                              with                    promisesfrom his
 1998electioncampaign his "PublicIntegrityOffice" would bJ..empowered
                        that                                                to,,:
(l) "Vigorously ProsecutePublic Corruption...Using AfforneyGeneral,s
                                                  the                  subpoena
    powers"'to conduct
                     independent exhaustive
                                  and         investigations comrptandfraudulent
    practices stateandlocal officials";

(2) "Train and AssistLocal Law Enforcement...And a localprosecutor
                                                   if               drags heels
    on in to investigate if warranteJ,
                                        step              and,          prosecute

(3) "Create a Public Integrity WatchdogGroup.. .made of representatives
                                                        up                 of various
    state agencies, watchdoggroupsand concerned recommend areasfor
                 coordinatepolicy issues
                                       pertaining public ro*rption issues, advocate
    for regulations hold government
                   that               officialsaccountable";

(4)"Encourage   CitizenAction to CleanUp Government...tbv] toll-freenumberfor
   citizensto reportpublic comrptionor misuse taxpayer
                                             of      doilars";
(5) "Report to the People...tbvlan annual
                                        reportto the Governor, legislature the
                                                               the          and
    peopleof New York on the state public integrityin New York andincidents
                                  of                                       of public

The foregoingexcerpf from Mr. Spitzer's1998campaign      policy paper,,,MakingNew york
Statethe Nation's Leader in Public In-tegrity: Elioi Spitzer't ft* 7o, RestorlngTrust in
Governmenf"is the standard     againstwhich to measure figmentof Vfr. Spitzer-,s
                                                      the                       ..public
integrityunit''. Likewise, is the standard measuring Spitzer's2111re-election
                         it              for          trztr.                     webite
[www.spitzer2012.coln],  which saysnothingaboutthi "pubiic integrity unit" or of
integrityandgovernment                                             e J           @
                          comrption,let aloneascampaign    irru.r.
I would be pleased-to you any of the above-indicated
                       fa>r                                documents otheritems,suchas
the article about the lawsuit, "Appeatfor Justice" (Metroland,April 25-May
                                                                              i, zooZ1,.
Needless say,I am eager answer
          to                 to        your questionr to p-ide you with a copy ortne
lawsuitfile from whichthis important   storyolMr. SpiEer'sofficial misconduct thehoax
of his "public integrityunit" is readiry ands'iftly vZrifiable.

                                ELENA RUTH SASSOWE&Coordinator
                                Centerfor JudicialAccountability,
                                                                Inc. (CJA)
                            NEW YORKPOST, MONDAY,DECEMBER I 998

             continuously    daily
                      Wbtished newswer                        AnAppeal Fairness:
                                                             Reuisit Gourt Appcals
                                                                   the    of
                                                            oYour editorial "Reclaiminsthe            "tpr-trp confirmation "hearing,"
                                                            Court of Appeals" (Dec. 18-)   as-        yilh no oppositiontestimony---
                                                            serts that A]bert Rosenblatt will         followed bj' unanimous Senate
                                                            be-judged by how well he up-              approval.
                                                            h-olds lhu
                                                            "from those democratic proceis              In the 20 years sinceelections
                                                                          who would ieek to
                                                            short-cirtuit" it.                       to the Court of Appeals were
                                                                                                     scrapped in favor 6f wbat was
                                                              On that score, it is not too           purported to be "merit selec-
                                                            early_to judge him. He permit-
                                                           ted the state Senate to make a            tion," we do not believethe Sen,
                                                           mockery of the democratic pro-            ate Judiciary Committee ever
                                                                                                     - until last Thursdav - con-
                                                           ce-ss ald the public's rilhts'iast
                                                           when it confrrrired him                   ducted a confrrmatiori hearine
                                                           Thursday.                                 to the Court of Appeals withouT
                                                                                                     notice to the public and oppor-
                                                             The SenateJudiciary Commit-            tl1uty for it to-be heard in ofpo-
                                                           tee's hearing on Justice Rosen-          sition.
                                                           blatt's con-firmation to our
                                                          state's highest court was by in-             That it did so in confirmins
                                                          vitation only.                            Justice Rosenblatt reflects iti
                                                                                                    conscious knowledge           and
                                                             The Committee denied invita-           that of Jristice Roienblatt -
                                                          tions to citizens wishing to tes-         that his confirmation would not
                                                          !t& i" -opposition   and pievented        survive publicly presentedoppo-
                                                          them from even attending the              srtro-n-testiqony. It certainly
                                                          heFring-by withholding inlorm.           would not havd survived th-e
                                                          ation of its date, wf,ich was            testimony of our non-partisan
                                                         never publicly announced.                 citizens' organization.
                                                           -Pven reporters at the Capitol             This is why we will be calling
                                                         did not know when the coirfrr-
                                                         mation hearing would be held              upon our new state attornev
                                                         until ^last- Thursday, the very           general as the "People's law-
                                                                                -'                 yer," to launch an offriial inves-
                                                         day ofthe hearing.
                                                                                                   tigation. Elena Ruth Sassower
                                                         ^ The re.sult was worthy of the             Centerfor Judicial Accountability
                                                         former Soviet Union: a"rubber-                                  WhitePlains

                                                                             a t t f t a a a t t t r a a t r r

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