Ethicsgate

Monday, January 23, 2012

Corrupt Judge-Picking Machine Upset With Law-Abiding Federal Judge

City Seeks Removal of Garaufis From Firefighter Bias LawsuitThe New York Law Journal by Mark Hamblett - January 23, 2012

New York City took its conflict with Eastern District Judge Nicholas Garaufis to a new level on Jan. 20, announcing that it had filed an appellate brief challenging the judge's remedial order in the long running battle over discriminatory hiring practices at the Fire Department and requesting that the judge be removed from the case. "It is an understatement to say that this judge has expressed firm views on the city's ostensible intent to discriminate, as well as the supposed need for close judicial oversight of systemic relief," the brief states. "To any reasonable observer, the vehemence of those beliefs would raise substantial doubt that he could fairly re-evaluate the evidence on either issue." Incensed over Judge Garaufis' decision to name a court monitor who could serve for at least a decade, Corporation Counsel Michael Cardozo and his legal team told the U.S. Court of Appeals for the Second Circuit that Judge Garaufis had demonstrated "bias throughout the proceeding." Judge Garaufis has voided three firefighter exams and made two liability determinations based on exams, finding the FDNY guilty of both intentional discrimination against black applicants, and practices that had a disparate impact on minorities, a finding that Mr. Cardozo said in his brief "intentionally disregarded a wealth of evidence relevant to the city's lack of discriminatory intent." In October, as he issued a remedial order in United States v. The City of New York, 11-5113-cv., that included the appointment of a monitor, Judge Garaufis observed, "Today—our years of litigation and two adverse liability decisions later­—the city still doesn't get it." (NYLJ, Oct. 6, 2011) Mr. Cardozo vowed to appeal "as soon as the law allows." He did so in December and asked the Second Circuit to hear the appeal on an expedited basis (NYLJ, Dec. 9, 2011).

In its brief filed with the circuit on Jan. 17, the Law Department states that Judge Garaufis abused his discretion in entering an injunctive order that "far exceeds the scope of the statutory violation." "Despite the broad equitable powers conferred by Title VII, the District Court lacked authority to order the FDNY to change practices that have nothing to do with the exams that formed the sole basis for both liability determinations," the city argues. The injunction also violates "fundamental principles of federalism," the city says, because it limits the "political branches' ability to determine the appropriate allocation of scarce public resources," a concern that is heightened where, "as here, federal courts interfere with a locality's discretion in how best to protect public safety." "Further, the FDNY's quasi-military structure demands that a firefighter respond to authority with alacrity," the brief states. "The Fire Commissioner has the duty and necessary expertise to ensure, in the exercise of his sound discretion, that individuals holding such a position have the requisite character and integrity to command public trust. "Absent a proper adjudication that he has abused that power, a federal judge may not intervene without disrupting the delicate balance guaranteed by the Constitution." The city attacked the judge's findings of fact that followed a remedial bench trial he held in August, facts that Judge Garaufis said showed that hiring practices discriminated against blacks and Hispanics, leaving the department "a stubborn bastion of white male privilege." But the city's strongest language was reserved for the judge himself. It claimed Judge Garaufis showed partiality during the hearing—a "pervasive propensity to excuse shortcomings" in the proof offered by the Vulcan Society, an organization of black firefighters who intervened in the case brought by the U.S. government. "The picture that emerges is that of a court bound and determined to justify closely supervised 'top-to-bottom' injunctive relief," the city's brief states. "Where the city's proof showed that such relief was unnecessary, the court excluded, struck or ignored it. Where intervenors' evidence fell short, the court found a way to excuse or fix it." The city's lawyers say the judge tried to bolster the intervenors' evidence by calling three city officials as witnesses, thereby making "himself a witness in the case" in violation of the Federal Rules of Evidence "and destroying the appearance of impartiality." The city faults the judge for "confrontational" questions to city witnesses, the appointment of former Manhattan district attorney Robert Morgenthau as a special master to oversee test development, (Mr. Morgenthau would later step aside to be replaced by Mary Jo White, the former Southern District U.S. attorney who is now a Debevoise & Plimpton partner), and said the judge was "influenced by press accounts of extrajudicial statements attributed to city officials." The brief quotes the judge at one point as saying, "The court has been criticized in the media by the mayor and the Office of Corporation Counsel all along in this litigation." The brief was written by Alan G. Krams and Deborah A. Brenner, senior counsels in the Appellate Division of the city Law Department. Mr. Cardozo also signed the document because of the importance of the issue, a spokesperson said. Judge Garaufis declined to comment about the brief. Richard A. Levy of Levy Ratner represents the Vulcan Society. Mr. Levy said the city "is trying to avoid injunctive relief on the theory it was predicated on the intentional discrimination finding." He added, "I think they may be disappointed. Certainly, it's our view that all of the relief that was granted could have been granted based on [the judge's] finding of disparate impact—even though no intentionality has been found." Mark Hamblett can be contacted at mhamblett@alm.com.

10 comments:

victim of nyc prejudice
said...

Perhaps the new definition of BIAS, as pushed by NYC Corporation Counsel Cardozo, should include any decision that does not kiss the backside of billionaire mayor Michael Bloomberg and his white-only agenda.

Imagine a judge wanting to protect civil rights!? NYC and Bloomberg have no use for a judge like this.

NYC doesn't have a white-only agenda! If you believe in the false concept of proportionalism consider the follwoing...Within the municipal workforce the glaring FACT that non-Latino blacks account for just 23% of NYC's population and 36% of its workforce, and the ONLY ethnic group to be OVER-represented by more than 10% their numbers in NYC's population (non-Latino whites comprise 35% of the City's population and 38% of its workforce).

Also consider that there are 6 city agencies that are more skewed black than the FDNY is skewed white...both are resultant of the exams designed & administered by DCAS a largely minority agency that handles HR for NYC.

You can find more truth to support the removal of this bigotted judge here: www.meritmattersusa.blogspot.com

Yes, merit does matter when hiring employees, especially as important as fire fighters. But the merit concept is not helped, or even considered, when Bloomberg picks his own city judges only based on political reasons. New York's political machines should clean themselves first, then they can comment on the dirty deeds of judges.

THEY HAVE BEEN PISSED AT GARAUFIS EVER SINCE HE THREW OUT A FED DRUG CASE AGAINST A GUY WHEN HE CALLED THE ARRESTING OFFICERS ACCOUNT AND TESTIMONY " A COMPLETE FABRICATION" THE IDIOT FED PROSECUTOR SAID 'OH NO THE OFFICER WOULDNT LIE, IT WOULD AFFECT HIS CAREER' BLOOMIE SHOULD FUCK OFF..., AND I LIKE THE GUY !

This coming August we are going to have a Furum to discuss the many problems of the justice and parole system. It will be a Forum comprised of several experts in the system that have witnessed first hand what those problems are.

It will be held at the Christ the King Life Center in Greenwich, NY. The public is welcome to attend.

Please feel free to contact me @ free-ray@ hotmail.com should you need to know what speakers have expressed an interest to attend.

Chuck Schumer speaking about anything is BS blabber, since he IS part of the US Senate Judiciary committee, where he uses that as a position to protect the courts , rather than keep them ethical!

Schumer is cowardly ignoring any talk of Judicial corruption or any inappropriateness by the dress wearing thugsters.

I write to him just to "document" his blatant lack of concern, so in the future his constituents can really see that his interests lie only in legislation that promotes him and his agendas of narcissim.

Most upstaters think he is fantastic because he favored the cause of the plane crash of flight 3407 3 yrs ago....but that was a cause that brought him respect and fame from the vulnerable..he used them as I saw it happen!

The voters in upstate never hear what downstate knows about his crimes..but I know with complete certainty that the JUDICIARY is his private cover-up..and soon the public in the north and west will know too.

Chuckie can fool those whom he only represents when he thinks an item sounds great in the political realm..but his real persona is shortly going to be manifested to upstate and all he is hiding will certainly piss them off.

You had several chances CS..BUT your political game is going bust,as you know the cover-up is always worse then the crime!

Join Senator Eric Adams Tonight !!

NYS Senator Adams Virtual Town Hall Tonight !

Re: U.S. Department of Justice

April 20, 2009: We expect to have the name of a specific contact person soon, to whom information may be presented to regarding any complaint and/or information filed with any FBI agent, squad or regional office that needs re-review, reconsideration or special attention. Meanwhile, the address is:U.S. Department of Justice, Office of Professional Responsibility, Room 3266, 950 Pennsylvania, N.W., Washington, D.C. 20530 --- Send us an email request and we will advise you directly once the contact information is made available.

April 20, 2009: WANTED!! - (1) Your ignored complaints to the Commission on Judicial Conduct; and (2) Your ignored or whitewashed complaints to any New York State Attorney Ethics Committee.SEND PDF FILES TO: CorruptCourts@gmail.com

Judge to Cancer Patient: No $$ for Treatment - See Thursday, June 14, 2007 Post

In Fairness to the Courts…

It is not easy being a judge, and disgraceful that the public usually only hears about the bad judges. And while this forum attempts to expose the reprehensible acts of corrupt courts, it is important to be fair to the many under-appreciated law-abiding judges and court employees. Judges are grossly under compensated, and must rely heavily on unnamed staff who sometimes carry their own biases and improper political agendas. So let's expose and eradicate the corruption, but we are socially obligated to consider: (1) how do we get our judges adequately compensated; and (2) what specific and constructive suggestions can be made and implemented to insure the integrity of our courts. Send, too, ideas to make the courts a better system for all of us!!

Our year-long investigation has confirmed that the purported judicial "ethics" enforcer, The New York State Commission on Judicial Conduct, is itself a biased, corrupt group that protects certain judges while destroying others who have become targets of the political thugs who control them. Something is terribly wrong when even our honest and law-abiding judges are failed by our justice system. The New York State system of justice is a corrupt process that has all but ruined the faith of the people in their government.

Milberg Weiss

Robert R. Reed

Position Available:Another NY Judge needed to be a Hero For Future Generations -- We need another elected New York Judge to come forward and speak out about the systemic corruption within and about the NY court system. Must be willing to assist in plans to restore integrity and the rule of law back to our treasured courts. Benefits: A good nights sleep, and an opportunity to become a hero for future generations. --- Salary: None --- Details: A few private meetings with friendly Federal Agents, and one big explosive press conference. For more details, contact: corruptcourts@gmail.com (Confidentiality Guaranteed- until the press conference, of course)

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Hope in the Fight Against Corruption in Our Courts Has Arrived. Her Name is Ann T. Pfau.