Judge threatens attorney who caught judge in an ex parte communication

At 9:30 am today I was scheduled to appear before the Hon. Christopher Cahill of New York State Ulster County Supreme Court.  The subject of appearance was three contested motions, two on my client's side, one on my opponent's side.


The appearance was listed on the E-courts of the NYS Unified Court website as a "preliminary conference", even though it was a motion to vacate a final judgment of the court and no conferences are envisioned for such a type of proceeding.


I saw Judge Cahill today for the first time in my life.


After a conference in judge Cahill's chambers, with participation of Judge Cahill, his law clerk, the opposing counsel Del Seligman and myself, judge Cahill told my opponent and myself to wait outside of his chambers while he confers with his law clerk. 


Del Seligman and I left Judge Cahill's chambers.


After some time, I heard that my opponent, Attorney Del Seligman of Kingston, New York, was called into the chambers, alone.


This was highly irregular, and, in fact, an invitation for a clear ex parte communication between Del Seligman and the Judge.  I have never had a judge call one attorney at a time into his chambers to discuss a pending motion.


With a purpose to prevent the ex parte communication, I have followed Ms. Seligman to the chambers in order to participate in the discussion, too.


By the time I reached the chambers, the door was already closed.


The clerk or secretary sitting in the office in front of the chambers prohibited me from entering the chambers, explaining to me that only Del Seligman was called in by Judge Cahill.


I explained to the clerk or secretary that it is an ex parte communication and that I most strongly object to it.


The lady sternly said to me, in a raised voice - "Go back and sit down". 


I could not disobey the direct order of the judge's employee acting obviously on the judge's orders.  I obeyed her direction and went back into the waiting room. 


The whole situation where attorney Del Seligman was called into Judge Cahill's chambers alone and when I was not allowed by Judge Cahill's clerk or secretary to come in, too, happened in front of multiple witnesses, including, but not limited to, my client, her stepfather, Del Seligman's client and another person accompanying him, and several attorneys waiting for conferences in the same waiting room.


When Del Seligman was called alone into Judge Cahill's chambers, it was loudly announced for everybody to hear, and Del Seligman went alone into Judge Cahill's chambers in front of these witnesses.


Del Seligman was in Judge Cahill's chambers alone for over 10-15 minutes.


Then she came out and told me in front of witnesses that now Judge Cahill is calling me, also alone.


I came to the door of Judge Cahill's chambers, opened it and asked judge Cahill if I can bring Del Seligman back.


The judge asked me why.


I explained that I am called in alone, I could not participate in an ex parte communication with the judge, and that I most strongly protest that the judge conferred with Del Seligman ex parte.


I also told the judge that I most strongly protest because I was blocked by the judge's employee, on judge's orders, from participating in the judge's communication behind closed doors with Del Seligman when I insisted on such participation and strongly objected to the ex parte communication.


The judge immediately got on the defensive and started yelling at me that he never denied me access when he talked with Del Seligman, even though multiple witnesses heard only Del Seligman being called into the chambers, saw and heard how I tried to get into the chambers and was prohibited to do so by the judge's clerk or secretary sitting in the office in front of the chambers, and saw me return back to the waiting room while Del Seligman remained for a prolonged period of time in the judge's chambers.


I asked Judge Cahill to recuse from the case because of his ex parte communication with Del Seligman.


He stated he is recusing, but then started to yell at me that he will turn me into the Professional Conduct Commission. 


It is interesting what that judge is going to turn me in for, that I caught him red-handed in a clear ex parte communication with the opposing counsel?  And the judge will turn me in because I actually refused violate Rules of Professional conduct and refused to engage in an ex parte communication with him when he called me into his chambers separately after he concluded his ex parte communication with Del Seligman?


What kind of judicial integrity we are talking about where a judge threatens a female attorney he sees for the first time in his life because she caught him in clear misconduct, in front of witnesses.  What kind of judicial integrity are we talking about when the judge loses his temper and makes that threat in front of multiple attorneys, multiple parties to litigation and multiple employees who had actually seen that the judge did in fact engage in an ex parte communication with Del Seligman and what I was saying was the truth that everybody present were witnesses to? 


I am definitely turning Judge Cahill into the New York State Commission of Judicial Conduct, and I hope they won't sweep this one under the rug, as they frequently do.