On May 21, 2014 I posted a blog about "trick questions" regarding free legal representation of politically connected private attorneys at taxpayers expense.
On June 5, 2014 my husband received an answer to that question from Judge Gary L. Sharpe, and the decision floored me with its intellectual dishonesty, so I believed it is worth it to make that decision public and describe some points of that decision, mainly that Judge Sharpe has created a new assigned counsel class for rich, powerful and politically connected private parties.
Intellectual dishonesty of judges is a major problem in this country, has been for years and is not adequately addressed because of the power of the judges engaged in misconduct to deprive the most likely reporters of misconduct, attorneys, of their livelihood and reputation. Non-reporting of judicial misconduct may and do have devastating consequences to the public, but reporters are stifled and persecuted, and thus, the overwhelming majority of attorneys prefer to err on the safe side and not report judicial misconduct.
Addressing this problem is a scary matter, since the very livelihood of any attorney lays in the hands of the very people (judges) whom the attorney is supposed to criticize - with predictable results.
Yet, I feel it to be my duty as an attorney and as a citizen to continue exposing judicial misconduct that I am aware of, and I will continue to do that whether I keep my law license or not.
As I said above, on June 5, 2014 a new decision emerged concerning my husband where intellectual dishonesty of a judge is clearly at play.
I will later, time permitting, include here the full text of the decision, for people to judge as to its worth, now I will simply make some comments on it. As a disclaimer, I did not represent my husband in these proceedings, he represented himself.
As a premise, let's remember that Judge Gary L. Sharpe who decided the case is a federal judge nominated by the President, confirmed by the U.S. Senate and sworn to protect the U.S. Constitution and federal law - for your sake, my co-citizens and co-taxpayers.
As another premise, let's remember that under the U.S. Constitution that Judge Gary L. Sharpe was sworn to protect the judge has no power to change federal (or state) statutes or the federal Constitution by interpretation - only to apply what is clearly there or reject the law as vague if it is not clear for judicial application.
As a third premise, let's remember that the law firm representing in the action Defendant judge Michael V. Coccoma, the retired judge Eugene E. Peckham and judge Coccoma's wife Ellen Coccoma, employed Judge Gary L. Sharpe's son.
As a fourth premise, let's remember that on May 16, 2014 a lawsuit was filed against Gary L. Sharpe in his individual capacity by me alleging, based on documentary evidence that the court where Gary L. Sharpe is the Chief Judge has engaged in an ex parte investigation of my personal, professional and political background. Since the plaintiff in Neroni v. Coccoma, Frederick J. Neroni is my husband, investigation of my personal background necessarily involved the Plaintiff.
As a fifth premise, let's remember that Judge Sharpe has sanctioned both Mr. Neroni and myself in another case where only Mr. Neroni was a party and I represented him, after I specifically asked Judge Sharpe to step down because the New York State Attorney General's office appearing on behalf of defendants in that case, employed the judge's son Michael Sharpe.
As a sixth premise, let's remember that in the present case, Neroni v. Coccoma, Mr. Neroni made a motion to disqualify Judge Gary L. Sharpe not simply because he sanctioned Mr. Neroni in the past, but because he sanctioned him in an apparent retaliation, after Mr. Neroni pointed out to the judge that he is ruling in favor of his son's employer, without a disclosure to Mr. Neroni or his counsel that our opposing counsel is the judge's son's employer.
Now as to the decision.
I will not provide here a full analysis of its flaws. That is for Mr. Neroni to do if he decides to appeal the decision.
I will just touch upon some points of intellectual dishonesty of Judge Sharpe and his protection of Judge Coccoma, his wife Ellen Coccoma caught in misconduct, the retired judge Eugene Peckham caught in misconduct, and the Supreme Court justice Kevin Dowd who, according to allegations in Mr. Neroni's complaint citing to Judge Dowd's grossly inappropriate and outlandish remarks on record in a court proceeding, may be lacking mental capacity to preside over cases and who openly catered to Ellen Coccoma in a state court proceeding protecting her, as Judge Sharpe did, from discipline.
Judge Sharpe has narrowed the scope of 42 U.S. 1983 and dismissed the case against Ellen Coccoma, her law firm, Eugene Peckham and his law firm despite their obvious violations of plaintiff's constitutional rights under the color of state law, because they were not sued as "state actors".
For that contention, Judge Sharpe cites a "precedent" from the U.S. Court of Appeals for the 2nd Circuit: