Saturday, October 10, 2015

The corrupt process of magistrate selection in the Northern District of New York - David Peebles should not be allowed to stay on the bench

David Peebles, the Chief Magistrate for the Northern District of New York, is apparently, running for a re-appointment.

I, as a practitioner appearing in front of him, was not given a notice and was not invited for comments, and the deadline for comments expired on October 2, 2015.

So, I am using this forum to call upon the public to write petitions to request not to re-appoint David Peebles for the position of a magistrate.

I just wrote a blog about inherent conflicts of interests in appointments of magistrate in the U.S. District Court for the Northern District of New York.

The Order to appoint the so-called "merit panel" to "select" David Peebles for re-appointment for his position as a magistrate is appointed along the same fraternity and "captive audience" lines.

The "merit selection panel" to reappoint magistrate Peebles includes:






  1. As a Chairperson - Attorney Kimberly Zimmer, a former federal prosecutor, and an attorney practicing before Judge Peebles and his court;
  2. Attorney J.Scott Porter, practicing before Judge Peebles now and who can suffer repercussions before the end of the judge's term, or by other judges who favor Judge Peebles, if he does not re-appoint him.
  3. Attorney John G. McGowan, also an attorney practicing in front of the court - an attorney for Bond, Schoeneck and King, a huge law firm employing a former law clerk for the just-retired New York Court of Appeals judge Victoria Graffeo, a former two law clerk for a judge of the Bankruptcy court of the same Northern District of New York, see also here;  a former assistant counsel to NYS Governor Andrew Cuomo;   former law clerk for a judge of the U.S. Court of Appeals for the 2nd Circuit, appellate jurisdiction for the NDNY; two former law clerk for a judge of the U.S. District Court for the Western District of New York, see also here; a former law intern for another magistrate of the same court, NDNY;  Attorney McGowan himself has a long list of connections with the court system:  "served two terms as a trustee of the Federal Court Bar Association for the United States District Court, Northern District of New York and currently serves as treasurer of that organization. John has also served two three year terms on the Grievance Committee for the Appellate Division, Fourth Department Fifth Judicial District where he was part of a committee that reviewed and passed on attorney discipline matters. He has also served on a select committee formed by the New York Court of Appeals for improvement of the jury system in New York Courts."
  4. Attorney Albert J. Millus, an attorney from Hinman, Howard and Kattel, a law firm who was recently a defendant in litigation in NDNY in Neroni v Coccoma, 3:13-cv-1340 where Magistrate Peebles was assigned, so now the successful defendant in litigation (the case was dismissed without reaching the merits) is supposed to reappoint the judge from the team who granted him the relief he sought?  And awarded attorney fees in his favor, even for activities in representing a NON-CLIENT, advocating for her representation, at taxpayers' expense, by the NYS Attorney General.  Sweet deal.  Attorney Millus himself boasts of having being appointed by that same court as a federal prosecutor in a death penalty case where he "secured a conviction" - much to be proud of.
  5. Attorney John Orilio - a corporation counsel for the City of Utica, an attorney practicing in front of the court whose fee status is currently "due".
  6. Jay Kianka, a lay member, a certified public accountant working for a corporation
  7. David W. Murphy, a lay member, a College Board Chairman of the Onondaga Community College Board, with a salary of $180,000 a year.
So, the decision whether to approve or not to approve David Peebles for his reappointment as a magistrate will be made by a supermajority of attorneys over lay individuals, and all attorneys are practicing in front of the judge they vote to "select".

Perfect.  You cannot select a better bunch of "captive voters", or rich voters - because not ONE person on the selected "merit panel" is poor, is a prospective civil rights litigant, or a civil rights poor plaintiffs' attorney.   

Here are the scans of NDNY registration for attorney members of the "merit panel":








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