CHIEF JUDGE LIPPMAN ORDERS “BACK DOOR” PAY RAISE SCHEME TO CIRCUMVENT LEGISLATURE

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) October 30, 2009 --

October 29, 2009, New York, N.Y.: Chief Judge Jonathan Lippman of the New York Court of Appeals, appointed by Governor Patterson after an expedited nomination Process in February of this year, has advised the Law Journal that he will “double judges’ ‘supplemental allowances” to the tune of $5,000 to $10,000 per judge to pay for “essentials” like robe dry cleaning, judicial license plates, and marriage counseling. The bonus would essential act as a hidden 9% pay raise at a time when the State Legislature is attempting to close a $3Billion budget deficit. The directive comes on the heels of a major setback for the Lippman/Kaye team who last year lost a decade long battle for increased judicial raises before the First Department ironically while Lippman was still chief there. Judge Lippman, who has inherited a judicial system widely viewed as broken under his stewardship, said his “greatest priority” was raising judges salaries. Judge Judith Kaye, who “retired” from the Chief Judge position at the end of last year, was apparently promised the Nomination Commission directorship as part of the Lippman/Kaye deal, and after after diversity issues were raised during the very secretive Lippman nomination, which was initiated by Elliott “hookergate” Spitzer two years ago. Kaye was quoted as saying she “would be fibbing” if she did not expect Judge Lippman to continue her judicial legacy.
The decision comes on the heels of revelations of “case fixing” by the two jurists,

complaints of “willful abuse of facts” by their fellow jurists, and admission of failure by the Judicial Conduct Commission to enforce the Rules of Judicial Conduct, with complaints against judges in all sectors at historic highs, as revealed in the 2008 Annual Report. Chief Judge Lippman, who has increasingly been revealed as a shadowy presence on the judicial scene, denied that the maneuver was an end run around the Legislature and Court of Appeals, which will be hearing the Edwin Maron v. Sheldon Silver and Honorable Susan Larabee v. Governor, New York State Senate cases early next year. Judge Lippman, who has been forced to recuse himself from ruling in the NYCOA matter nonetheless has used his position to once again influence the outcome of a judicial ruling. He was the architect behind the reversal of the largest disability discrimination jury verdict in December 2007, a decision widely recognized as a favor dispensed to incoming Judge Acosta after he was accused of violating several Rules of Judicial Conduct. The Lippman reversal also benefited employer WPP who had been found guilty of the charges after dragging former executive Kathryn Jordan, who has MS, through 14 years of litigation. At the Senate Judiciary hearings in June this year hundreds of deponents showed up and Judge Lippman was frequently mentioned as the source of problems in the Judiciary with repeated demands for his impeachment.

The “pay raise” litigation, first initiated by Judge Kaye 11 years ago, was advertised on the New York Supreme Court website, a maneuver criticized as exploitive of Judge Kaye’s power as then chief judge. After Judge Kaye “retired” from the New York Court of Appeals, only to return as Director of the Nomination Commission, Judge Lippman was appointed by Governor Patterson in a “cram down” nomination process where nine male judges were allegedly considered. New York Senator John Sampson was particularly critical of the rushed appointment and the complete lack of “diversity” in the process.
The First Department did not mince words about the Lippman/Kaye litigation scheme in their 2008 Decision to toss the case, characterizing the arguments as a “willful abuse

of the facts” and rejecting the alarmist arguments of “runaway inflation”, “a constitutional crisis” that would “impair the ability of the Judiciary to function”, and the claims of a retaliatory motive by the Legislature which the appellate review panel found “highly speculative”. Judge Kaye has continued her blackmail campaign and threatened to invoke the “Rule of Necessity” for “extraordinary” circumstances if the appeals court did not reverse its finding.
New York Court of Appeal judges are appointed for 14 years and hold great power over the civil rights of the electorate. Judges in New York are among the highest paid in the country at $136,700 a year. E.N.D. End Discrimination Now, a judicial watchdog group, echoed voter outrage at the demands for judicial pay raises at a time when unemployment is almost 10% (16% on a real basis), discrimination against most protected classes is up, and corruption in the judiciary is at an all time high.

“Judge Lippmann’s “greatest priority” should be Judicial Reform as the only intelligent solution to the crisis and judicial accountability, starting with himself”, E.N.D. President Kathryn Jordan asserted. END has called for Judge Lippman’s resignation for propounding “innumerable violations of the Rules of Conduct and several acts of fraud and conspiracy to defraud”.
Leading the charge for Judicial Reform is New York Senator John Sampson

who began holding the first public hearings in June of this year. Senator Sampson, a rising star in the democratic party, heard testimony from hundreds of constituents across the state attesting to a deep and broad malaise that has afflicted the Judiciary. The reality gap was most striking when Judge Lippman in the swearing in ceremony of Chief Justice Sonya Sotomayor recently characterized the New York Judiciary as a “model for other states” and the gold standard, while tax payers, attorneys and even judges vied to testify about harrowing experiences with everything from case fixing to evidence tampering to kick backs. Ironically, Judge Lippman was widely viewed as a “case fixer” and dispenser of favors to corrupt judges, attorneys and errant employers. Many questioned how he was even considered a candidate for the position as he failed to meet any of the criteria that are normally required for a Chief Judge for all of New York’s Courts, most notably a distinct lack of scholarship and important decisions, and a general lack of judicial demeanor. Although he has never even tried a case he frequently intervenes to disturb trial court decisions. Judge Lippman was promoted by Elliot “hooker gate” Spitzer and childhood pal Sheldon Silver as a “efficient administrator”. Nonetheless, the First Department under Chief Judge Lippman became regarded as an “activist body” of jurists who “legislate from the bench”, at a time when frivolous appeals have been discouraged by the Supreme Court. Complicating and compromising the arguments that judges deserve to be paid more is the fact that the Judicial Conduct Commission has “completely failed” to manage the explosive rise in complaints against New York Judges, despite securing significant budget increases from the Senate, suggesting that the power politics of the Lippman regime could result in a severe backlash.

“Judge Lippman and Kaye represent the “old school” of the Judiciary, the Elitists who view constituent tax payers as pawns in their game. They do not respect the rights of individuals or the constitutional right to free speech. They do not even realize that it is our tax money that they are asking for with these pay raises. These are the same jurists who have been behind the recent wave of “sanctions” to censor the rights of individuals. We need a leader of the Judiciary who recognizes the importance of Judicial Reform, not an activist jurist who uses the gavel to suppress free speech and civil rights”, END President Jordan has stated. “ There is a new generation of voters with a very short attention span, a high level of involvement in citizenship, and a very vocal voice about democracy. With one out of five young people unemployed, young voters will not tolerate corruption in the judiciary and will support legislation if necessary to root out the troublemakers”. Most insiders believe Governor Patterson made a serious error with the Lippman appointment that will resonate with voters in the election.
Details about the Lippman/Kaye lawsuit against Governor Patterson and the New York State Senate can be found on EndDiscriminationNow.com. END also credited activist groups like Judge Watch, Corrupt Courts, Change Courts Now, IViewIt for judicial oversight in the absence of a functioning JCC.