Here are some examples of judicial misconduct that, in my view, put a taint on judicial decisions of federal courts.
Barclay Damon, a successor in interest to Hiscock & Barclay, employs a former clerk of 2nd Circuit Judge Rosemary Pooler Daniel J. French.
Judge Rosemary Pooler presided over a case where NDNY not only dismissed my husband's pro se civil rights case, but also awarded draconian attorney fees against him, a civil rights plaitniffs, for raising constitutional arguments - in favor of Barclay Damon's predecessor in interest Hiscock & Barclay.
On January 30, 2015, Judge Rosemary Pooler affirmed the decision in its entirety, without disclosure of her connection to the law firm, and without a full opinion explaining her reasoning.
On March 2, 2015, Rosemary Pooler also affirmed NDNY decision in Neroni v Becker (similarly imposing sanctions upon Mr. Neroni - and upon me as his counsel, for making constitutional arguments), where issues of misconduct of Barclay Damon's partner John Casey were raised, and also without a full opinion explaining her reasoning or disclosure about her connection to the law firm.
It is interesting to mention that these two cases, over which Judge Pooler presided on appeal, are the only cases where monetary sanctions were imposed upon my husband and/or upon me by a federal court, once again, for making constitutional arguments - conduct which was invalidated on June 18, 2015 as a violation of 1st Amendment through the U.S. Supreme Court decision Reed v Town of Gilbert requiring to apply strict scrutiny to content-based regulations of protected speech.
Judge Pooler was obviously making sure that sanctions should be affirmed for even mentioning corrupt behavior of her former law clerk's law firm and its partner John Casey - or at least this is how it appears.
See that Mr. Neroni has made arguments pertaining to Judge Pooler's age and potential inability to dedicate enough energy to important civil rights appeal.
The 2nd Circuit struck the brief as untimely because it first prohibited Mr. Neroni to file electronically, and then refused to consider as timely his Reply brief that was timely sent by overnight mail, but delayed by the federal US Postal service.
The elderly judge was reportedly recently involved in an undisclosed health-related "accident", so my husband's concerns about her ability to perform her judicial functions was more than justified.
Yet, the 2nd Circuit court made no disclosures about Judge Rosemary Pooler previously employing as her law clerk an attorney Daniel French from the law firm who is successor in interest to Hiscock & Barclay, beneficiary of Rosemary Pooler's decision described by Mr. Neroni in his Reply Brief.
It appears that incestous relationships between prominent law firms employing judicial law clerks are not only rewarded, but whistleblowers about such misconduct are most viciously punished, by those same judges who employed the law clerks in the first place.
How can the 2nd Circuit impartially decide the issues of whether NDNY correctly dismissed cases where misconduct of Barclay Damon's attorneys is raised (Bracci v Becker, Neroni v Becker, Neroni v Coccoma), when one of its judges, Judge Rosemary Pooler
- is the former judge of the same court whose decisions (and misconduct) are contested on appeal, and
- actually employed as law clerk, an attorney from that law firm, and presided over appeals in two out of three cases raising issues of the law firms' and its attorney's misconduct?
For development of this particular story - and it will develop, I will make sure of that, stay tuned.