Thursday, May 3, 2007

Our Readers Respond...

Dear Editor:

The New York State Commission on Judicial Conduct receives and reviews written complaints of misconduct against judges of the state unified court system.

This is my second request to investigate this matter as the first was found that the commission did not make any request for supporting documentation in order to make an informed decision and therefore, dismissed without merit.

This is a committee obviously unable to live up to its mission statement as pledged.

Douglas Higbee

Enclosed please find my recent correspondence with the New York State Commission on Judicial Conduct:

New York State Commission on Judicial Conduct
38-40 State Street
Albany, New York 12207

April 23, 2007

Steven R. Coffey

WITH A COMPLETE RESERVATION OF RIGHTS

Mr. Coffey,

I am contacting you as Mr. Raoul L. Felder is being asked to step down. This,
along with my prior request for investigation and subsequent disciplinary action
was responded to by Ms. Jean M. Savanyu with, ... ‘Upon careful consideration
the Commission concluded that there was insufficient indication of judicial misconduct
to justify judicial discipline” without having obtained and reviewed any
transcript. I am enclosing the 3 minute/12-page transcript recorded February 27,
2006 of Supreme Court Justice W. Denis Donovan, since removed from the bench
shortly thereafter in June, 2006. Being of non-lawyer status, I must inquire of the
commission:

1. Ms. Joan Marshall Cresap, Esq., is my sister-in-law; my wives sister. Is this
an ethical violation of the NYSB with Judge Donovan’s knowledge?

2. Having voluntarily appeared February 27, 2007 and was never served nor
made aware of any warrant for my arrest, incarcerated without due process?

3. Why are court officers prepared to take me into custody? Do they work for
Ms. Cresap or the Court? Who (else) does Ms. Cresap work for?

4. What is AWOL? The Court obviously understands this statement. To
what degree has ex-parte communication taken place here?

5. If it was known, for several years at of this date, that I was resident to
Connecticut, why wasn’t I served with the Warrant? Why does Judge Donovan
question this?

6. What is the relevance of Chef Antonio’s restaurant?

7. Pension? What pension? What is the relevance of some pension?

8. Why does Judge Donovan tolerate such statements, “the man is full of
lies, full of lies for years.’ What lies and what does such an unfounded statement
do to my credibility?

9. “THE COURT: At this point you said they owe you $170,000 in attorney’s
fees.” When did this discussion take place? Not earlier in this transcript.
Who is ‘they?’ Judge Donovan seems confused or is he truly under the impression
that there is a ‘they,’ and is ‘they’ after him, backing me, or what?

10. What is the relevance of question page 9, line 24? Despite my response
to be negative, in what relevance is this? “That’s not bad for a guy who
[does not] drink.” What is the relevance of this comment? Is this a pre-conceived
character assassination?

11. THE COURT: “Do you take drugs?” What the heck is this all about?
What ex-parte communication took place again here for this verbal assault?
This couldn’t be more concise if scripted.

12. As I voluntarily appeared this date, how can I be a flight risk? Why wasn’t
I offered a subsequent date of hearing and/or a bail offering?

13. Why is the court asking Ms. Cresap “Would he be entitled to 18B?”
What is 18B?

14. Why was I denied counsel and remanded to county jail?

15. How am I beyond the jurisdiction of ‘this court’ ?

16. Why was my vehicle impounded? The vehicle is licensed and registered
to Connecticut. What jurisdiction does Westchester have on this vehicle
and why?

Due to cost constraints I am limited to the expense of the enclosed transcript.
Subsequent hearing dates (transcript) of March 8th and April 13th of
Ms. Cresap and Justice Donovan will further substantiate my complaint.

Please refer to these additionally.

Congratulations to the Committee for being allocated an additional $2.2
million in funding for your efforts of reviewing complaints of potential misconduct.
Funding that is long overdue.

Sincerely,

Douglas Higbee

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