"Good" attorney misconduct in stalling and misleading a FOIL inquirer regarding sensitive information about corruption in New York and federal court system

I must admit, communicating with NYS Office of Court Administration on FOIL requests is a pure delight.

People responding to the FOIL request and preparing or inspiring those responses clearly think that they are talking to idiots, or pretending that they are themselves idiots and do not understand what they are asked for - in very clear requests.

I've just published my clear and unambiguous FOIL request about  operations and members of the New York State-Federal Judicial Council, a quasi-governmental organization that some people periodically claim they have an "honor" of belonging to - and "advising state and federal judge" - but no information is available anywhere about it.

The organization, based on information available to me, exists since 1970s, but for over 40 years of existence, with so many "honorables" claiming being "appointed" to it, the only record that New York State Office of Court Administration coughed up for me was one puny letter signed by outgoing former Chief Judge Jonathan Lippman on December 31, 2015, it is available on that same blog I published a couple of days ago.

When I pointed out to the NYS OCA that stalling is not the best tactic in answering FOIL request and warned them that I will file an administrative appeal of their constructive denial of my FOIL request, and possibly, will sue the responding person personally, with attorney fees, if responsive records are not provided to me, the following delightful message arrived into my e-mail box yesterday:

I followed the suggested link and here is what it contains:

So, the deciphered message of the New York State Court Administration may be read as follows:

1) we do not have to create records that we do not want to create - that will embarrass or expose us for corruption (or, we destroyed those records and you will never know when, how or whether we did it - given the stakes involved in information sought through this FOIL request);

2) we do not have the records you are asking for about the over 40 (!) years of existence of a shadow organization controlling state and federal courts, providing a means for legal elite to "advise" the very judges in front of whom that legal elite appears, and

3) when we provided to you one sheet of paper out of all records that should have been created in OVER 40 YEARS of existence of an organization to which the Chief Judge of the State of New York has the power to appoint other judges, we killed your right to appeal our failure to provide you other records that we hid or destroyed.

Not so, NYS OCA, that is not what the FOIL law says.

I have a Juris Doctor degree and a specific training, not to mention experience, to handle Freedom of Information law requests.

Yet, my concern is that attorney Shawn Kerby misleads the same way inquirers who do not have legal training, and that is attorney misconduct, which (I am sure) the judiciary will not address because it was attorney misconduct advanced to protect the judiciary, so that's "good" attorney misconduct in the State of New  York.

I will definitely file an administrative appeal for constructive denial of this FOIL request and will publish the NYS OCA's response to it.

Stay tuned.