THE LAW
FIRM OF
RAVI BATRA
HE ATRA UILDING RAVI@RAVIBATRALAW.COM
142
LEXINGTON AVE. FAX:
212-545-0967
NEW YORK, NEW YORK 10016
212-545-1993
August 12,
2016
By Fax 347-750-8344
Hon. Frank
Seddio
Democratic County Leader, Kings County
Re: Justice Laura Jacobson
Dear Frank,
I have the high honor and sacred duty to represent
Justice Laura Jacobson, and to protect her judicial independence.
As I'm "old school," respect is due to a
Leader. So, I called you first to remedy the wrong that your appointed Judicial
Screening Committee has caused out of personal malice or reckless disregard of
the truth. That they exacerbated their discretionary injury with violation of
statutory confidentiality under color of law is inexcusable - as the reputational
damage is total.
I respectfully request that you dismiss your Committee
and institute a new committee which does not carry out contract-kills and/or
pierce necessary confidentiality required for judicial screening; and then
re-interview Justice Jacobson - as Judicial Independence is the alter upon
which Lady Justice presides, something every Screener, aware of their
"Officer of the Court" status, ought cherish.
Let me know if you will dismiss the Screening
Committee for cause by Monday, August 15, 2016 4pm. The law is a many
splendored thing and it can remedy many wrongs, including, what has been done
to my client - Justice Jacobson. I include a copy of my September 9, 2004
Letter to Chairman Marty Edelman, when the late Justice Louis Marrero, fiercely
independent of Screener-misconduct.
Warm personal regards to Joy and you,
Encl.
\JJacobson.
HonFrankScddio.081216Ltr
The Law Firm of
RAVI BATRA
P.C.
The Batra
Building ravi@ravibatralaw.com
142 Lexington Ave, Fax:
212-545-0967
New York,
N.Y. 10016
212-545-1993
September
9, 2004
By Mail and Fax 212-943-0001 Hon. Martin
R. Edelman, Esq.
Chair,
Kings County Democratic Independent Judicial Screening Committee
61 Broadway
New York,
NY 10006
212-943-1200
Re: Honorable Louis J. Marrero, Justice of
the Supreme Court
Dear Mr. Edelman:
Being committed to promoting
excellence in the law, I write to offer unequivocal support for the approval by
the Edelman Committee and subsequent renomination of Honorable Louis J. Marrero
as a Justice of the Supreme Court. He is a sensitive jurist with ingrained
compassion, uncommon integrity, a work ethic that society seldom sees, and a
talent that is recognized by the very apex of our profession: Chief Judge Judith
S. Kaye. Chief Judge Kaye selected Justice Marrero to preside over the
first-ever Citywide pilot project--- Violation of Probation Part. He did so
well, that the Pilot graduated to Citywide operation in all other counties. He
is what society prays a judge is, but does not always get. Justice Marrero
comprehends the awesome power and fiduciary responsibility of judging one's
fellow human being, and does so in an exemplary way. He deserves to be approved
and has earned the renomination.
Starting
almost 12 years ago, I witnessed for nearly five years Justice Marrero preside
in
Richmond Supreme during the
pendency of a tortured case, in which I had parachuting into (after the
departure of the 3 or 4th counsel that left the client reeling financially and
emotionally) while Justice Marrero's Solomonic, highly nuanced and
compassionate finding and order was concurrently on appeal; Justice Marrero was
affirmed by the Appellate Division, Second Department, with PJ Mangano
presiding. In the appealed Order, Justice Marrero while finding the charge of
sexual abuse unsubstantiated, did not apply the penalty of forfeiture of
custody, as is typically done, finding that the mother was too dedicated and
invested in her child to make such charge maliciously. Parenthetically, it is a
pity that ineffective counsel safeguard is not a standard part of our protocol
whenever our system deals with children. While I have never had but that one
case many years ago, I have since observed
Page 1 of 2
Justice Marrero in different settings,
including, dealing with attorneys, staff, litigants, court personnel, and the
lay public. He is a honest and unassuming gem of a judge. That our Chief Judge
selected him to preside over a pilot project confirms the court system's
finding of excellence in him, and I submit, collaterally estopps the Committee
from any finding other than "qualified."
I am dismayed by the front-page
coverage by Elizabeth Stull in today's New York Law Journal, which reports that
Justice Marrero received one vote shy of a 2/3 super majority vote at his
rehearing finding him "qualified;" had the same vote occurred at the
initial hearing, these same screeners would have found him overwhelmingly
"qualified." However unintended, this is a cavalier injustice to
Justice Marrero and family and our society he has ably and demonstratively
served, and breaches the essential covenant of screening: that at least when
merit appears, merit will be found (albeit, the converse may not be true). This
is a renomination, and hence, how the process works is as important as the
candidate; or else, judicial independence, the core of our freedoms, will lay
wounded. The issue of political registration is irrelevant, as screening, like
the law, must operate and apply in a manner that is merit-based and devoid of
political considerations. I enclose an op-ed piece published on July 5, 2004.
May I urge you and your Committee to expeditiously do what it
needs to so as to protect the very important function that judicial screening
serves in New York State's protocol of electing Justices of the Supreme Court.
With regards,
Encl: Op-Ed
"Answering Call for Judicial
\B.201
\090904Marrero.EdelmanComm
Page 2 of 2
Op-Ed piece
Ron Patafio,
Editor, Editorial Page, The Journal News (914)694-5031 Rpatafio@theiournalnews.gannett.com
Re: Answering
the call of Chief Judge Kaye for systemic reforms
Accepting the
challenge from New York's reform-minded Chief Judge Kaye, Fordham Dean John
Feerick, fondly known as John The Good, and his Commission acted. Now, a second
great step has been taken---the NYS Assembly has responded, as surely will the
Senate and the Governor. That our elected representatives, including District
Attorneys, will honorably rise to the occasion is not in dispute; neither is
the appropriate consideration of the pros and cons of alternatives suggested
and to-be-suggested to not only promote confidence, but to make it almost
impossible for a corrupt or corruptible candidate to make it to the noble
bench. The law is the law, and not a political party-appendage. The
overwhelming members of the bench are hardworking and honest, comprehend the
awesome power and fiduciary responsibility ofjudging one's fellow human being,
and that the absolute predicate is actual, not just merely apparent, integrity;
being in agreement with conventional wisdom is not required, or else slavery
and antisemitism would still be legal.
Having served
as one of New York County Lawyers' designee to the City Bar's Judiciary
Committee, and then later, on Kings County Democratic Independent Judicial
Screening Panel for Supreme Court (not for NYC Civil Court, as there was no
such panel operating in Kings County at the time) and absorbed subsequent
events, I offer a solitary nuance for public consideration: politics is the
ultimate escrow account.
All screeners
are and will remain human beings, with human dynamics and the inherent lack of
x-ray capability of seeing the future or into another person's heart and
motivation; even Superman's x-ray vision was not so super. Most screeners are
persons of integrity, and will exercise their judgment without fear of
retribution or seeking illegal favor. Screeners while screening must rely upon
the self-policing organs of the profession for professional safety and not seek
political immunity, or else even axegrinding or contract-candidate killers
could function on panels with improper collateral immunity and chill judicial
independence; I have seen or smelled some version of that on the panels. Taking
a page from our founding fathers and their singular contribution to history's
march from tyranny to selfdetermination is that "absolute power" is
bad, and "separated power" is better. If at every turn, our reform
minded leaders work to dilute power, rather than concentrate power in the
judicial selection and election process, then the greater-separated power will
reduce the chance of a corrupt or corruptible candidate getting through to the
noblest status of all: a judge.
The challenge for political parties is to
see themselves as escrow agents holding democracy itself in escrow. They are
then free to argue that their ideology is better than that of other political
parties, and that theirjudicial candidate deserves voter approval. To increase
the pool of meritorious candidates, aside from screening reforms, judicial salaries
also need to be substantially adjusted upwards. As for all other matters,
politics can safely go back to seeking political consensus, while the honest
judiciary separate truth from lie and injury from frivolity, and painstakingly
fashion justice, one case at a time. Dated: June 17, 2004
/s/
Ravi Batra,
Esq.
The Law Firm of
Ravi Batra, P.C.
142 Lexington
Avenue, New York, NY 10016
212-545-1993;
Ravibatralaw@aol.com
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