Judge Kevin Dowd's decisions during out of state vacations

In the transcript of the Mokay trial that I received recently, Judge Dowd acknowledges that he was not in the State of New York on the day immediately prior the day of trial, April 7, 2015:

Yet, Judge Dowd's law clerk Claudette Newman never notified me or Mr. Neroni of that fact and transmitted to me alleged instructions of Judge Dowd as if he was in office and not on a vacation, including an alleged order to appear on April 7, 2015 despite a legitimate medical leave from work, and a threat that if I do not so appear, the court will use "legal means" to "secure my attendance".

Very obviously, that threat could not legitimately come from a judge because the judge has no power to overrule a medical diagnosis even when in office.

When the judge is out of office, he has no authority to make any decisions, especially the decision threatening an injured attorney to appear despite her injury, or else her "attendance will be secured".

Yet, for Judge Dowd, he is always a judge, even when on vacation.

The law may differ with Judge Dowd's view on that point, but what is the law to Judge Dowd?

Judge Dowd indirectly acknowledged that he had no power, while on vacation, to issue any orders, by explaining that an Order to Show Cause (that was never submitted, as regular procedure requires, to the clerk of Delaware County before coming to the judge's chambers), was signed by another judge because Judge Dowd was on a vacation. 

Judge Dowd claims that the Order to Show Cause was signed by Judge Cawley "on [Judge Dowd's] behalf".  Yet, the Order to Show Cause says nothing about being signed on Judge Dowd's behalf.

So, in Judge Dowd's mind there are "orders and orders".  Those orders which have to be signed while he is on a vacation, are signed by another judge - recognizing that a judge on a vacation has no authority to ISSUE or sign orders.

Yet, Judge Dowd, without disclosing his "on vacation" status, issued other orders, through his law clerk Claudette Newman, who knew very well that the judge was on a vacation and has no authority to issue any orders.

I am more than sure that Claudette Newman who committed attorney misconduct by transmitting such illegal orders by e-mail, will not be disciplined by the attorney disciplinary committee - because of their unspoken policy not to touch employees of judges.

I FOILed Judge Dowd's vacation schedules and will report them here, and I am turning in Judge Dowd and Claudette Newman for sure - and we will see how the system will stomach this type of misconduct.

Stay tuned.

And - be vigilant when you receive any "instruction", "order" or "direction" from a judge, his secretary or law clerk.  Check if the judge is actually on a vacation at that time.  Because if he is, the order is illegal.