Recently I described an episode as to how a judge of Ulster County Supreme Court Christopher Cahill called an opposing counsel on a case where I represented a party, into his chambers and held there an ex parte conference with her, while his employee blocked me from entering the chambers where the ex parte communication was taking place for a prolonged period of time, and how Judge Cahill threatened me with a complaint to the Professional Conduct Committee when I confronted him after that ex parte communication.
I was recently notified by the New York State Court Administration in response to my FOIL request that the security file from that date was "recycled", in other words, destroyed. That was despite my timely requests to the NYS OCA through FOIL requests and despite my complaint to the Judicial Conduct Commission specifically pointing out that such a security tape exists and will show evidence of the ex parte communication.
Previously, NYS OCA claimed to me in answer to a similar FOIL request pertaining to another courthouse, that the retention time for such files is 30 days. I made my FOIL request in much less than that time, asked the Judicial Conduct Commission to obtain that file, too, and the evidence was still destroyed. Isn't it obstruction of the fair administration of justice? Shouldn't an investigation be in order as to who exactly was instrumental in having the tape destroyed? Isn't an inquiry in order whether Judge Cahill as one of the court administrators of that particular court building was involved in destruction of evidence implicating him in judicial misconduct?
This is not the first time destruction of such evidence is happening under different pretenses, and it appears to be the policy of the NYS OCA to destroy evidence of judicial misconduct caught on video.
NYS OCA must realize that destroying evidence of judicial misconduct does not enhance public trust in the integrity of the judiciary.
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