The New York Law Journal reports that “Albany Supreme Court Justice Thomas J. Spargo, whose battle over disciplinary charges last year made national news, is now under investigation by the New York Commission on Judicial Conduct for allegedly soliciting donations from attorneys appearing in his court to cover the cost of his legal defense.” (NYLJ/Law.com, “N.Y. Conduct Commission Probes New Charges Against Judge,” by John Caher, 01-09-2004)
The NYLJ article notes:
“Last year, Spargo pursued a highly publicized battle where he challenged the free speech and political activity restrictions imposed on judges and judicial candidates.”
“It is alleged that Spargo solicited contributions from personal injury and matrimonial lawyers who appear in Supreme Court in the 3rd Judicial District, where he sits, to pay his attorney, David F. Kunz of DeGraff, Foy, Kunz & Devine in Albany. Justice Spargo on Wednesday declined comment. Kunz was not available.”
The disciplinary jury is still out on this matter, of course. Justice Spargo has recused himself from matters involving lawyers who have already given statments to the discipline committee.
Our trial court judges are elected here in New York State (often cross-endorsed, giving the voters no real choice). Far too many of them are nominated according to their party standing. (See Overlawyered.com’s recent coverage of the patronage mess in the Bronx Courts). Although I have known some fine jurists (and some of my best friends are judges!), the system definitely discourages public confidence in our judiciary.
Although I have resolved to be more positive this year here at e&h, I find myself constantly wanting to quote from Poetic Justice: The Funniest, Meanest Things Ever Said About Lawyers (edited by Jonathan and Andrew Roth, Nolo Press, 1994), this time from their Judge Not Yet Ye Be Judged Section:
Tell God the truth, but give the judge money. — Russian Proverb
Judges are the weakest link in our system of justice, and they are also the most protected. — Alan Dershowitz
[A judge] is a member of the bar who once knew a governor. — Curtis Bok
Those Russians may be right. I hope Dershowitz is wrong. The sad thing about the last quote is that in NYS you can add “or a county party chairman.” In fact, around here, county party chairmen have even nominated themselves for coveted trial court seats.