- that he was not given access to his own disciplinary file in the attorney disciplinary committee - before, during and even AFTER his disciplinary proceedings concluded and when his disciplinary file became, to all who would want to see it, a public record pursuant to Judiciary Law 90(10);
- that somehow it does not constitute any constitutional violation where a member of attorney disciplinary committee engages in post-disbarment investigations - something that the same Judge Kahn said previously that may be a constitutional violation in his previous decision.
Judge Sharpe used the yet-unadjudicated Neroni v Zayas case to punish my husband with a PERMANENT draconian anti-filing injunction that had nothing to do with any possible rule of law (currently on appeal).
- that attorney disciplinary committees in the State of New York, and the attorney disciplinary committee of the Third Department, have absolutely no archives and no records of what they are doing and operate as a shadowy - and lethal - force under the rug of the judicial system, without any supervision and without any accounting for their actions;
- that the committee has absolutely no records of who voted to investigate or prosecute an attorney - and how that particular member of the committee voted;
- that when the committee tells the court, in sworn pleadings, to obtain public discipline of an attorney to the point of stripping the attorney of his hard-earned law license, reputation and any ability to earn a decent living for himself and his family (because a disbarred attorney is usually blacklisted and denied employment anywhere he turns), the committee may commit perjury left and right, because - see above - no archives exist, and there is no way for the disciplined attorney to obtain access to the archive to prove that.
- Freedom of Information Law (which was irrelevant to my husband's due process right of access to his own disciplinary file) is not applicable to the judiciary (that is correct), and, therefore, was not applicable to the Defendants - making them part of the judiciary (even though they acted in my husband's disciplinary case as prosecutors, and thus, part of an executive branch of the government);
- My husband (and, obviously, I as his attorney in federal court) is "confused" in arguing that, if the prosecutor is actually part of the same court that was adjudicating his disciplinary proceedings, the disciplinary committee was disqualified from proceeding as a prosecutor in that disciplinary proceedings.
The reason to prohibit ex parte communications to judges is obvious - there is no way to restore what occurred during those communications, and interested witnesses may not be relied upon to produce the record.