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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

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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.

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Judge Tosses Kennedy Center’s Lawsuit Against Artist Who Canceled Over Trump’s Name

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A judge on Friday tossed out a lawsuit brought by the Kennedy Center against an artist who withdrew from a performance after the organization’s board voted to add President Donald Trump’s name to the venue, The Washington Post reports.

The artist, jazz musician Chuck Redd, pulled out over what he called “the defiant and illegal name change happening to the Kennedy Center,” according to the Post.

But, as D.C. Superior Court Judge Tanya Jones Bosier found, Kennedy Center officials had not made a legally binding agreement with Redd, and there could be no breach of contract claim as a result.

“There’s no dispute that he did not sign the 2025 agreement,” the judge said.

In a statement, Redd’s attorney, Lisa Banks, said Redd had been sued “because he publicly and rightly objected to adding Donald Trump’s name to the Kennedy Center, a living memorial to former President John F. Kennedy.”

Banks called the lawsuit “political retribution, pure and simple, by the Trump Kennedy Center,” and said that “the Court correctly saw it as such in dismissing the case with prejudice.”

According to the Post, after Redd withdrew, then-Kennedy Center president Richard Grenell said in a letter to Redd, “This is your official notice that we will seek $1 million in damages from you for this political stunt.”

In December, Redd told the Associated Press, “When I saw the name change on the Kennedy Center website and then hours later on the building, I chose to cancel our concert.”

On Thursday, the general counsel for the John F. Kennedy Center for the Performing Arts ordered Trump’s name to “immediately” be removed from the building after a federal judge found adding the president’s name to the Center was unlawful, The New York Times reported.

“The memo gave staff members detailed instructions on the materials that needed to be updated, including social media accounts, email signatures and voice mail messages,” the Times reported. “It specified that outdoor and indoor signage with the barred name must be altered by June 12.”

Late last month, a federal judge ordered that President Donald Trump could not rename the Kennedy Center, nor could he close it for what the Trump administration said were two years of renovations.

“The Kennedy Center’s organic statute makes crystal clear that the Center is to be named for President Kennedy, and it cannot bear any other formal name or public memorial based on the Board’s unilateral say-so,” the judge wrote, CNBC reported. “Congress gave the Kennedy Center its name, and only Congress can change it.”

 

Image via Reuters 

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How ‘Inept’ Trump Is Getting ‘Worse at All of This’: Political Scientist

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“All presidents lose. Trump loses more often, on more things, than most,” says political scientist Jonathan Bernstein in a written conversation with New York Times Opinion editor John Guida.

Bernstein argues that Trump is an “inept” president who “actually gets worse at all of this as he goes along.”

“Trump thinks winning elections is like winning a prize — the United States of America — to do with as he pleases,” he writes. “But what actually happens in elections is that the voters hire you to do a job. It’s a job with some 340 million bosses. And like all jobs, it has constraints and obligations.”

Trump “just doesn’t see that,” says Bernstein, who also notes that “Trump has hardly had a week where his approval exceeded his disapproval.”

What Trump is actually good at is being “a really good reality TV star.”

“He’s very good at grabbing attention,” which “can help a president set the agenda,” Bernstein says. “Political scientists have found that presidents aren’t very good at changing what people think, but they can be good at changing what people think about.”

Trump has been good at creating “a Democratic Party eager to fight — and that may even, in time, undermine the 50 years of successful G.O.P. gains in the courts,” but he has not worked to get his agenda passed in Congress.

“With the power to set the agenda, skilled presidents can get things done: by pressing Congress to vote on something they would rather not vote on or by pressing the bureaucracy to pay attention to their directives,” says Bernstein. “Trump is an inept president, so he mostly squanders the attention he gets — and at least half the time, he winds up drawing attention to things that don’t help him at all.”

Trump has not been successful at getting Congress to pass his most important legislation: the SAVE America Act, or at getting the Senate to kill the filibuster. Recently, even some GOP lawmakers crossed the aisle in a significant rebuke of the president — namely the War Powers Act legislation — and some have balked at Trump’s $1.8 billion anti-weaponization fund.

Meanwhile, “Trump has managed to do a lot of damage that will be truly hard to undo,” says Bernstein. “Legal talent has drained from the Justice Department. The same thing is happening virtually everywhere in the federal Civil Service, especially after work force cuts.”

It will “take time to rebuild,” but it will “be hard for any future president to recover from the foreign policy debacles,” he warns.

 

Image via Reuters 

 

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Why James Carville Says Voters Should Back Graham Platner — Despite His ‘Flaws’

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Democratic political consultant James Carville wants Maine voters to back Graham Platner despite the candidate’s flaws — and partly because of some of them. Platner is currently the likely Democratic nominee in Maine’s U.S. Senate race. If Platner wins the primary, he will face Republican Senator Susan Collins, who was first elected in 1996.

“I understand he’s f—— up,” said Carville on his Politicon podcast. “Yeah, maybe we need a combat veteran right on that Senate floor, who is f—— up.”

Carville berated Senator Collins by calling her “the most pliable member in the history of the United States Senate.”

He warned that he believes the country is “in imminent peril — I mean, imminent peril,” and asked: “Who is most likely to slow this criminal in charge?”

“I think it’s Graham Platner.”

“I ask all of you to understand his flaws, and understand the peril that this nation is in, and maybe he might be the right guy at the right time,” said Carville.

“Graham Platner grew up, I think, pretty privileged,” Carville said, sharing some of the likely Democratic nominee’s backstory. “He went to some kind of fancy fancy boarding school. He graduated, he joined the United States Marine Corps. He was in for eight years. He had three combat deployments. He gets out of the Marine Corps, and he goes to GW.”

Then Platner “joined the Maryland National Guard. Oh, you know what happened? He gets deployed a fourth time.”

“He’s f—— up,” said Carville. “He’s been shot at. He’s a veteran. All right? He’s got a little bit weird. He’s an oysterman. I know what oystermen do. I live in Louisiana. I think that oyster harvesting is the same the world over, it’s hard a—— work.”

Carville acknowledged that he has concerns, but said that maybe senators “need to look at this guy before they start sending young people off to fight wars, and see what the consequence of it is. Maybe he ought to run and say, ‘You don’t know, I’m gonna be on a veterans affairs committee, and I wanna be on a mental health subcommittee, ’cause I know something about… Yeah, I might be five degrees off dead center. So f—— what?’ They need that.”

He said he doesn’t agree with Platner’s economic stances, that they are “to the left of anything I’d say I’m for.”

“But you know what? He recognizes this horrific inequality in this country. And it actually would do some good to have somebody in there.”

Carville called Platner’s tattoo “very troubling.”

He said, “what I have to consider first, is this country is about to lose it. The whole goddamn thing.”

“Okay, we gotta win this,” Carville concluded. “And if we got a person who’s understandably got issues, yeah, good. And maybe people ought to see it, and maybe we ought to just be reminded of what these stupid wars have brought about in the consequence of said stupid wars. It’s [what] stupid Susan Collins been for all her political life.”

 

Image via Reuters 

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