Here is the continuation of the series.
Wachtler was charged by the feds for:
- intimidation to kidnap a child,
- sending obscene material to a minor, and
- abuse of office for his personal scheme of extortion and intimidation
He was looking at up to 16 years in prison on federal charges alone.
- multiple counts of forgery;
- multiple counts of filing a false public document (false complaints to prosecutors seeking to pin his crimes on two other people);
- official misconduct;
- unlawful surveillance (Joy Silverman, in her interview to New York magazine in 1994, revealed that Sol Wachtler not only claimed that he bugged Silverman's boyfriend's apartment with videocameras, but that he correctly described the color of the bedspread in the apartment where he was never allowed lawful access);
- sexual misconduct towards a minor,
- endangering welfare of a minor by sending to her obscene material and by intimidating her, to the point that her mother pulled her from school to prevent her being picked up by the kidnapper judge from school.
- Wachtler ran for his judgeship on the Court of Appeals (it was then an elective office) by appearing in paid commercials in a black judicial robe in prison, banging doors of empty prison cells and promising to voters to fill those cells with murderers - after he was elected, that conduct was acknowledged as unethical, and judges were prohibited to either appear in their election campaigns in judicial official garb, or to make promises regarding future cases;
- Wachtler tricked a surrogate court judge, #BertramGelfand, in an appealed disciplinary proceeding not to raise certain politically sticky issues (that the judge was targeted with discipline to prevent his re-election by his political opponents) by promising him, in an ex parte meeting in Wachtler's Mineola, NY chambers, that the court will go easy on him if he does not raise that issue - and then the court took the judge off the bench anyway; in his "After the Madness" prison memoir Wachtler had the audacity to lament that that particular judge was "only" taken off the bench, but was not disbarred or prosecuted like Wachtler did, even though his conduct was similar or worse than Wachtler's;
- spoke to a represented party whose case was pending before the court - before his recusal - about the case;
- gave the party (his friend) legal advice;
- hinted that if certain political issues are not raised (if the judge "does not rock the boat"), the determination of removal may be reversed;
- then changed tone, but sill offered assurances that the case will go his friend's way, after his friend, encouraged by Wachtler's anecdotes about his fellow judges, inadvertently pointed at court of appeals judges involved in marital infidelity, and
- while not participating in the case, influenced the case of Judge Gelfand behind the scenes.
That IS gross, egregious abuse of office.
Moreover, in his own book, Wachtler had the audacity to say this about his own case and Judge Gelfand's:
"Every day I read of some case of harassment, most far more egregious than mine— many involving actual stalking and physical assaults— where the sole punishment is an “order of protection” or mandated psychological treatment. Or other cases like that of the Surrogate of Bronx County, one of the highest judicial offices in the State of New York who, after months of following and stalking his victim, with whom he had an extramarital affair, that resulted in her losing her employment and having to change her address, was finally brought before the Commission on Judicial Conduct. He was removed from the bench, but was never arrested or prosecuted. He is still practicing law. After six months in prison, and after meeting and talking to hundreds of prisoners, I have yet to find or hear of one other inmate serving time in a federal prison for a crime similar to mine. So much for equal treatment under the law.
Wachtler, Sol. After the Madness: A Judge's Own Prison Memoir (p. 206). Open Road Media. Kindle Edition.
Wachtler does not mention here his role in removal of Judge Gelfand, his ex parte communication, his ex parte advice not to "rock the boat, and everything will be ok", or his retaliation when Judge Gelfand, Wachtler's supposed "good friend", hinted that Court of Appeals judges are also involved in marital infidelity.
- The next ethical violation is that Wachtler continued to consult Joy Silverman's super-rich stepfather Alvin "Bibbs" Wolosoff, uncle of Wachtler's wife Joan, as an attorney, long after he had become a judge, or a Chief Judge (source: "The Double Life"), and there were hints dropped in the book "The Double Life" that Wolosoff bankrolled Wachtler's career to have him become a judge to make his shady dealings easier;
- Moreover, the way Wachtler's "courtship" of Joan Wolosoff, a heiress in her own right, is described in "The Double Life" (I will dedicate a separate blog to the lies and impersonations of Wachtler), Wachtler even married his wife in order to get into the good graces of her super-rich uncle and, have his road smoothed into politics by the Wolosoff money;
- Wachtler, while being Chief Judge of the New York State Court of Appeals, consulted Joy Silverman as an attorney, in violation of New York State Constitutional prohibition for judges of Court of Appeals to practice law (source: "The Double Life");
- Wolosoff designated Wachtler, when he already was the Chief Judge, as a trustee of a multimillion trust, while cutting Wolosoff's son James out of his will, specifically knowing that Wachtler, as a Chief Judge of the court to which an appeal from will contest can eventually come, is disqualified from taking that role - yet, Wolosoff lured Wachtler with money (the U.S. Attorney's office claimed Wachtler eventually received over $800,000 as a trustee and executor of the will), and Wachtler accepted (source: "The Double Life" where Wachtler is described as Silverman's "trusted advisor");
- Wachtler later tricked Wolosoff's widow, unlawfully acting as an attorney, into ceding her position as a co-trustee of Joy Silverman's trust (source: "The Double Life") - in full knowledge that nobody will dare to prosecute the Chief Judge for a self-serving disciplinary violation;
- When James Wolosoff did contest the will of his father, Wachtler did not disqualify himself even then, despite clear rules of judicial ethics requiring that, and continued to pressure the judge #Raymond Radigan (who also is a licensed attorney in New York with "no record of public discipline") into settling the case -
- allowing Wachtler to proceed in a situation where he should have been disqualified;
- allowing Wachtler to hire - and pay half a million dollars out of the trust (source: "King of the Mountain") to the law firm where judge Radigan's son was employed, the law firm that later hired Wachtler's daughter Lauren in an obvious quid-pro-quo;
- coercing a litigant to settle on conditions that Wachtler wanted.
- During his stalking, intimidation and extortion campaign of Joy Silverman, Wachtler, as a trustee and a fiduciary for Silverman, tried to cut off her income through the trust fund, claiming he has "discretion" to do that, and trying to give Silverman and her attorney (Wachtler's personal friend) legal advice that Silverman will get more money in a potential divorce proceeding with her husband if Wachthler cuts off her trust money - which is a planned fraud upon the court; Wachtler made those threats to cut off Silverman's money in full understanding of his own impunity as State Chief Judge, and thus using his position;
- When he was arrested, charged and indicted, Wachtler still stuck like glue to the trust and refused to resign from it, insisting on continuing to act as Joy Silverman's fiduciary - and to draw money for such "work", and resigned only after Joy Silverman, through her attorneys, sued him to get him off the trust and to relinquish the money he "earned" while stalking her;
- During the same stalking campaign, Wachtler threatened to coerce judges to strip Silverman of custody of her children; and claimed that he, as a Chief Judge, can "move mountains" to achieve what he wants;
- During the same stalking campaign, in mid-October of 1991 "Wachtler had the , dig up articles about Samson”, Joy Silverman's new boyfriend (source: "King of the Mountain") - and Cohen, naturally, was never disciplined as an attorney for participation in what he had to know had nothing to do with any of the cases before the New York State Court of Appeals. Now #StuartMCohen is in private practice in Rensselaer, NY, "with no history of public discipline", and boasts of his experience as a clerk of the New York State Court of Appeals - of course, without disclosing the shameful episode of aiding and abetting the Chief Judge Wachtler in his criminal conduct:
- Judge Jacob Fuchsberg in 1982-83 - the judge who Wachtler hated with a passion, worked cruel pranks on (sending elevator in the opposite direction to what Fuchsberg needed, to the basement, while pretending he is pushing Fuchsberg's floor and boasted about it to his staff (source: "The Double Life"); having his staff put a melting ice-cream cake into the judge's filing cabinet (source: "King of the Mountain"); ordering a lower court trial judge to impersonate Fuchsberg in a segregated club where all judges of the Court of Appeals, but Fuchsberg, turned up with the press waiting for them - so that the press who did not know Fuchsberg facially later wrote that Fuchsberg was there, while Fuchsberg was at the head of the movement of protest against segregation in that particular club in Albany, NY) (source: "The Double Life");
- for giving an assignment to law professors to ghost-write his dissenting opinion; and
- for presiding over cases where his bond ownership could come into question (source: "King of the Mountain", without indication of which cases were involved and how they were connected with Judge Fuchsberg bond ownership).
It is not a disqualification under New York State law, but Sol Wachtler stated that in his book "After the Madness" - and it turned out to be true, neither Stuart Cohen, nor Michael Trainor ever became judges.
It is quite a coincidence, isn't it, that a Jewish Chief Judge of the State highest court picks two Jewish court officers to do his criminal bidding? Some kind of brotherhood? Assurance of loyalty other than oath of office to be loyal to the State and Federal Constitution and the law?
- re-certificated as a judge for several more years;
- has been appointed, up to now, as a judicial hearing officer; and
- was appointed by the Governor in 1998 as a Commissioner of the New York State Public Service Commission.
When Wachtler was just charged, the New York State Court of Appeals Richard Duncon Simons, another "luminary",
The bottom line - if you want to get a license to commit judicial misconduct, attorney misconduct, or to generally break the law, including criminal law, in New York, befriend a judge, marry a judge or be a judge.