Connect with us

Request for the NY Commission on Judicial Conduct to Investigate Judge Wiggins for Bias in his Decision on the Challenge to the Marriage Equality Act

Published

on

The absurdly-named theocratic group New Yorkers for Constitutional Freedoms — whose Executive Director Reverend Jason J. McGuire says he belives that a gay person successfully can pray to Jesus and thereby become heterosexual, and that that is a constitutionally valid reason legally to prohibit same sex marriage — along with other theocratic plaintiffs brought a lawsuit seeking to have New York’s Marriage Equality Act declared null and void, and all of the same sex marriages entered into under it also declared annulled.

In a Decision signed November 18, 2011, Livingston County Acting Supreme Court Judge Robert B. Wiggins dismissed all but one of the Plaintiffs’ allegations. The one surviving allegation is legally dubious. Judge Wiggins’s written decision is chock full of unjudicial, unprofessional bias and political propaganda. Even if it turns out that he has properly decided on the one surviving allegation, the bias and political propaganda he wrote into his Decision constitutes conduct unbecoming an Acting Supreme Court Judge.

It is significant that Wiggins is an Acting Supreme Court Judge, because it is imaginable that he might want to do things to appeal to political gay-bashing Republicans and Tea Partiers in rural Livingston County such that they would nominate him for a full fourteen-year term on the Livingston County Supreme Court.

The Plaintiffs’ largely if not entirely bogus Complaint may be viewed here, Attorney General Schneiderman’s Response may be viewed here, and Judge Wiggins’s Decision shot through with unprofessional, non-judicial bias and political propaganda may be viewed here.  A sober-minded and highly-intelligent legal assessment of the situation may be read here, on New York Law School Professor Arthur S. Leonard’s blog, always a “must read.”

What follows is the text of a letter I am sending to the New York Commission on Judicial Conduct, asking it to investigate Judge Wiggins.  The New York State Commission on Judicial Conduct’s site is here.

***

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

And whereas, the types of complaints that may be investigated by the Commission include bias, prejudice, corruption, prohibited business or political activity and other misconduct on or off the bench;

I, Scott Rose, acting both as a New York State resident and as an investigative journalist for — and contributor to — the publication The New Civil Rights Movement (www.TheNewCivilRightsMovement.com), submit to the Commission the present Complaint regarding Acting Supreme Court Judge Robert B. Wiggins of the Supreme Court in Livingston County in the State of New York.

This Complaint involves Judge Wiggins’s “Decision and Order,” having the Index Number 807-2011 and dated November 18, 2011. The Decision regards a challenge to New York’s Marriage Equality Act.

The Verified Complaint that initiated the case lists as Plaintiffs 1) New Yorkers for Constitutional Freedoms, an anti-gay organization of bullying theocrats, whose website states “As a Christian ministry, NYCF exists to influence legislation and legislators for the Lord Jesus Christ”; 2) NYCF’s Executive Director, Reverend Jason J. McGuire; 3) NYCF’s Senior Lobbyist Reverend Duane R. Motley, and 4) Rabbi Nathan S. Leiter, another anti-gay, bullying theocrat who is Executive Director of Torah Jews for Decency.

Named as Defendants are 1) The New York State Senate; 2) The New York State Department of Health; and 3) Eric T. Schneiderman in his official capacity as The Attorney General of the State of New York.

Judge Wiggins’s Decision emanates bias. 

In this case, Defendant Schneiderman had filed a Motion to Dismiss, as well as a Memorandum of Law in support of that motion. In his Decision, Judge Wiggins said apropos of Schneiderman’s Memorandum of Law that it “spews sanctimonious verbiage.” The question arises whether an unbiased, impartial judge would in a Decision write that a Defendant’s court document “spews sanctimonious verbiage.”

An examination of the context of Judge Wiggins’s phrase “spews sanctimonious verbiage” solidifies an impression that in his Decision, Judge Wiggins included non-judicial, political propaganda indicative of bias. Where Judge Wiggins wrote that the State’s brief “spews sanctimonious verbiage,” he was emotionally expressing an opinion regarding the Plaintiffs’ allegation – (as made in the Plaintiffs’ Verified Complaint) — of a “corrupt legislative process” including “the Governor’s violation of the constitutionally mandated three-day review period before the Legislature votes on a bill by unjustifiably issuing a message of necessity.”

Judge Wiggins concluded that Governor Cuomo’s handling of the message of necessity was entirely legal. That is to say, in his Decision, Judge Wiggins ultimately acknowledges that legally, the Plaintiffs’ allegation regarding Cuomo’s use of the message of necessity was without merit. Nonetheless, instead of organizing this section of his Decision around a legal analysis of why the Plaintiffs’ allegation regarding Cuomo’s use of the message of necessity was without merit, Judge Wiggins organized this section of his Decision around chastising Governor Cuomo over his use of the message of necessity. He did so, even though as a matter of law, a Governor’s message of necessity is not subject to judicial review.

Several aspects of this section of Judge Wiggins’s Decision suggest that Judge Wiggins might 1) personally engage in bullying non-acceptance of gay people; and/or that he might 2) in hopes of advancing his personal professional fortunes, not stop short of pandering – within the text of a Court Decision — to those that documentably do engage in bullying non-acceptance of gay people.

There is an appearance that Judge Wiggins — presently an ***Acting*** Supreme Court Judge — could be politicking, through this Decision document, in hopes of getting Livingston County conservatives to ***nominate*** him for a full fourteen year term as Supreme Court Judge in Livingston County. 

 

 

Continue to Part II.

 

New York City-​based novelist and freelance writer Scott Rose’s LGBT-​interest by-​line has appeared on Advocate​.com, PoliticusUSA​.com, The New York Blade, Queerty​.com, Girlfriends and in numerous additional venues. Among his other interests are the arts, boating and yachting, wine and food, travel, poker and dogs. His “Mr. David Cooper’s Happy Suicide” is about a New York City advertising executive assigned to a condom account.

Continue Reading
Click to comment
 
 

Enjoy this piece?

… then let us make a small request. The New Civil Rights Movement depends on readers like you to meet our ongoing expenses and continue producing quality progressive journalism. Three Silicon Valley giants consume 70 percent of all online advertising dollars, so we need your help to continue doing what we do.

NCRM is independent. You won’t find mainstream media bias here. From unflinching coverage of religious extremism, to spotlighting efforts to roll back our rights, NCRM continues to speak truth to power. America needs independent voices like NCRM to be sure no one is forgotten.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure NCRM remains independent long into the future. Support progressive journalism with a one-time contribution to NCRM, or click here to become a subscriber. Thank you. Click here to donate by check.

RIGHT WING EXTREMISM

‘A Bunch of New Yorkers in Addition to George Soros’: Greg Abbott Accused of Antisemitism

Published

on

Texas GOP Governor Greg Abbott is facing a challenging re-election fight against Beto O’Rourke, the popular and charismatic former U.S,. Congressman and Democratic presidential candidate who is now his party’s gubernatorial nominee.

Texas voters have had to face mismanagement of the state’s electric grid, with hundreds of Texans dying in winter after the snowstorm that sent Senator Ted Cruz to Cancun, the horrific elementary school mass shooting in Uvalde, and Abbott spending millions of taxpayer dollars on anti-immigrant programs, including bussing migrants to Democratic-controlled cities like Washington, D.C. and New York City. Not to mention his support of the vigilante abortion ban and a “Don’t Say Gay” bill, his failed promise to end rape, and the fact that Texas leads the nation in mass shootings.

But none of that has stopped the 64-year old from doubling down on his conservative bonafides.

READ MORE: ‘Ghoulish’ Greg Abbott Slammed as a ‘Monster’ for ‘Inhumane’ Response to Deaths of 50 People Locked in Tractor-Trailer

On Wednesday over at Fox News, Abbott engaged in what many are calling some old-fashioned antisemitism.

“We will explain to our fellow Texans that the Beto campaign is being aided by a bunch of New Yorkers in addition to George Soros, and that will do nothing but harm his campaign,” Abbott told Fox News host Harris Faulkner.

George Soros, who is Jewish, is a Democratic philanthropist and one of the liberals most-hated by the right, in large part because he funds left wing causes.

READ MORE:Watch: Video of Beto O’Rourke Confronting Texas GOP Governor and Lt. Gov. Goes Viral

He also donated $1 million to help elect O’Rourke governor.

Two weeks ago polls showed O’Rourke gaining ground, striking with five points of his entrenched Texas Republican rival.

And now Abbott is being blasted for what many are calling antisemitism over his Soros statement.

“In this context, ‘New Yorkers’ and ‘George Soros’ are both signifiers for the alleged Jewish elite who supposedly control the world. Abbott is peddling antisemitic conspiracy theory rhetoric,” says writer and human rights activist Leah McElrath.

READ MORE: Beto O’Rourke Video on NFL Player Protests Goes Viral – Republican Compares Him to RFK

“When they say ‘Soros’ and ‘New Yorkers,’ they mean Jews,” notes freelance writer Henry Schulman. “It’s an old dog whistle and a code all the Trump-humping Nazis and their sympathizers understand. So add a new adjective besides ‘fascist’ in front of Abbott’s name. It’s ‘anti-Semitic fascist.'”

Others were even more direct.

“Just say Jews you coward,” tweeted a columnist for The Forward, Alex גדעון בן װעלװל.

“‘The bespectacled, bagel-eating, gefilte fish-slurping, globalist intelligentsia from the Upper West Side’ is what he’s trying to say, although the specifics of who that is maddeningly unclear,” mocked Aki Pertiz, an intel and national security expert. “Also, doesn’t Soros live in NY state? Why single him out hmmmmm.”

Former Chicago Tribune editor Mark Jacob explains: “Right-wing code is pretty simple. ‘New York’ and ‘Soros’ = Jewish. ‘Chicago’ = Black people.”

Former Governor of Vermont, DNC Chair, and 2004 presidential nominee Howard Dean blasted Abbott, comparing him to the Hungarian dictator and, some say, fascist.

“Abbott has become just another GOP whack job. He sounds like victor Orban,” Dean wrote.

 

 

 

Continue Reading

News

‘Same Answer’: Trump Sat Across From the NY Attorney General and Pleaded the Fifth to Each Question For About 5 Hours

Published

on

Donald Trump arrived at the New York Attorney General’s Office early Wednesday morning, around 9 AM. At 10:04 AM posted to his Truth Social account was a lengthy statement that says, “under the advice of my counsel and for all of the above reasons, I declined to answer the questions under the rights and privileges afforded to every citizen.”

Trump was finally forced to appear after a subpoena ordering him to give a deposition on January 7 in New York Attorney General Letitia James’ investigation into his real estate pricing practices. Trump’s former attorney Michael Cohen told Congress in 2019 his former boss would increase what he claimed his properties are worth when attempting to arrange credit and decrease their value for tax purposes.

The Guardian’s Hugo Lowell reported Trump “departed 28 Liberty at 3:20pm slumped in a black Secret Service SUV and peered out of the rear window as his motorcade crawled out of an underground garage past onlookers.”

READ MORE: Legal Experts: ‘Case Against Trump Became Immeasurably Stronger’ After He Says He Pleaded the Fifth

At 3:42 PM Trump posted: “Just leaving the Attorney General’s Office – A very professional meeting.”

The New York Times reports “Trump and James sat across from each other for hours as he said ‘same answer’ again and again.”

Trump “read a statement into the record in which he called the inquiry a continuation of ‘the greatest witch hunt in the history of our country’ and accused Ms. James of having ‘openly campaigned on a policy of destroying me.'”

READ MORE: Experts Call on Trump to Release Search Warrant and Inventory List as His Supporters Talk of ‘Civil War’

That statement is similar to the one posted to his Truth Social account.

Trump’s attorney, Ronald P. Fischetti, “said that over the course of about four hours, with several breaks, Mr. Trump answered only one question, about his name, toward the beginning of the interview.”

That statement Trump posted Wednesday morning attempted to merge the FBI’s Monday raid on his Mar-a-Lago home with his appearance for sworn testimony in a very different case.

Continue Reading

RIGHT WING EXTREMISM

Dem Congressman Posts Horrific Audio of Violent Death Threat Against Him and His Family by Caller Praising ‘Trump 2024’

Published

on

Democratic U.S. Rep. Eric Swalwell of California on Wednesday posted audio of a violent death threat against him and his family. The Congressman is married and the couple have three children. The speaker in the audio also calls for “all Democrats” to be killed, and ends with a call for “Trump 2024.”

Swalwell is a popular target for the right. He is a former candidate for president, a very visible member of the Democratic Party, and is the Co-Chair of the House Democratic Steering Committee.

The audio is profane and gruesome. In it, a male voice can be heard hoping for decapitations of the Congressman, his wife, and their children. The language is graphic.

READ MORE: House Republicans Visited Trump After FBI Raid to Urge Him to Announce Run for President

The voice also references President Joe Biden and Vice President Kamala Harris, using horrifically racist slurs, along with Back Lives Matter, immigrants, and Democrats in general.

It also attacks the state of California and Democratic Gov. Gavin Newsom, and then Speaker of the House Nancy Pelosi, Senate Majority Leader Chuck Schumer.

It ends with a repeated call of “Trump 2024!”

The audio is nearly two minutes long but appears to have been edited, with at least the beginning cut off.

READ MORE: Experts Call on Trump to Release Search Warrant and Inventory List as His Supporters Talk of ‘Civil War’

“LISTEN to this death threat against my children,” Swalwell urges. “Since the FBI search of Mar-a-Lago, Trump, McCarthy, and MAGA Republicans are stoking violent rhetoric against lawmakers and law enforcement. Someone is going to get killed.”

In 2019 Swalwell also posted  a death threat he received. Fox News’ Tomi Lahren mocked him on social media.

NCRM has opted to not embed the audio but it can be heard here.

Continue Reading

Trending

Copyright © 2020 AlterNet Media.