Monday, October 25, 2004
NY Judge Calls for Probe of Attempts at Intimidation
A Brooklyn judge has called for a criminal investigation
into "incredible and outrageous" attempts to intimidate him and
influence his handling of a volatile dispute over the next leader of
the Satmar community in Williamsburg.
In an unusual epilogue to a 31-page written ruling, Brooklyn Supreme
Court Justice Melvin S. Barasch said a former Appellate Division
judge used "spurious grounds" to attempt to have Justice Barasch
recused. He also singled out a man aligned with one of the litigants
for concocting "false, incredible" stories of bribery.
"We think it would behoove the District Attorney of Kings County or
any other entity charged with such authority to investigate and take
every appropriate action against those involved in such activity,"
Justice Barasch wrote in Application of Congregation Yetev Lev
D'Satmar, Inc., 28989/01.
The former appellate judge, E. Leo Milonas, who was not named in the
opinion, previously asked in open court to submit a sealed motion
requesting Justice Barasch's recusal, Justice Barasch said.
Justice Barasch, who is 76 and serving his last year on the bench,
asked Mr. Milonas to state his reason on the record. Mr. Milonas
referred to what Justice Barasch described as "double hearsay
allegations that a tabloid newspaper was inquiring about."
The allegations concerned a bribery investigation into Justice
Barasch by the office of Brooklyn District Attorney Charles J. Hynes.
Sources familiar with the matter said federal prosecutors have also
investigated the judge, but nothing has yet resulted from either
investigation.
Justice Barasch said Mr. Milonas never "appeared to argue substantive
law" and had failed to file a motion for recusal in the 10 months
that followed his initial request. He suggested that Mr. Milonas and
other "high-profile" attorneys were retained "for window dressing and
in order to present an aura of the ability to legally maneuver the
case in their respective favors."
"There is little doubt that the motivation of the individuals
responsible for the acts described herein is to intimidate the Court
and prejudice its decisions," Justice Barasch wrote.
Mr. Milonas, who is also a former president of the Association of the
Bar of the City of New York, could not be reached for comment. But
the lead attorney representing the faction that hired Mr. Milonas in
the litigation defended him and criticized Justice Barasch's
comments.
"You know, that's an outrageous charge," said the attorney, Jeffrey
D. Buss of Smith Buss & Jacobs. "Leo Milonas is one of the most
honorable and upstanding lawyers that I've ever had the pleasure to
meet. You couldn't find a more straight-up, honest person that Leo
Milonas."
Mr. Buss added: "I join in Judge Barasch's call for an investigation
of corruption in the courts."
Scott E. Mollen, a partner with Herrick, Frinstein and Law Journal
columnist, who represents the opposing party, said, "I have enormous
respect for former Justice Milonas, but we never received any
evidence to back up the insinuations about Justice Barasch."
In his opinion, Justice Barasch expressed outrage over the bribery
allegations. He said false accusations concerning his staff had been
published by fax and on the Internet. He said Moshe Yaakov Yosef
Brach, a convicted felon, had inundated the court's fax machine and
the Office of Court Administration with bribery allegations. The
judge added that members of his staff's families had been harassed.
"Chambers have been daily inundated by calls from individuals using
pseudonyms and falsely claiming to be reporters or attorneys who are
tangentially involved in the case seeking information," Justice
Barasch said. "Those who would hopefully investigate this matter
should note that there are judges who would prefer to decline any
assignment involving members of this group of litigants. The
integrity of the Judiciary must be preserved."
A Brooklyn judge has called for a criminal investigation
into "incredible and outrageous" attempts to intimidate him and
influence his handling of a volatile dispute over the next leader of
the Satmar community in Williamsburg.
In an unusual epilogue to a 31-page written ruling, Brooklyn Supreme
Court Justice Melvin S. Barasch said a former Appellate Division
judge used "spurious grounds" to attempt to have Justice Barasch
recused. He also singled out a man aligned with one of the litigants
for concocting "false, incredible" stories of bribery.
"We think it would behoove the District Attorney of Kings County or
any other entity charged with such authority to investigate and take
every appropriate action against those involved in such activity,"
Justice Barasch wrote in Application of Congregation Yetev Lev
D'Satmar, Inc., 28989/01.
The former appellate judge, E. Leo Milonas, who was not named in the
opinion, previously asked in open court to submit a sealed motion
requesting Justice Barasch's recusal, Justice Barasch said.
Justice Barasch, who is 76 and serving his last year on the bench,
asked Mr. Milonas to state his reason on the record. Mr. Milonas
referred to what Justice Barasch described as "double hearsay
allegations that a tabloid newspaper was inquiring about."
The allegations concerned a bribery investigation into Justice
Barasch by the office of Brooklyn District Attorney Charles J. Hynes.
Sources familiar with the matter said federal prosecutors have also
investigated the judge, but nothing has yet resulted from either
investigation.
Justice Barasch said Mr. Milonas never "appeared to argue substantive
law" and had failed to file a motion for recusal in the 10 months
that followed his initial request. He suggested that Mr. Milonas and
other "high-profile" attorneys were retained "for window dressing and
in order to present an aura of the ability to legally maneuver the
case in their respective favors."
"There is little doubt that the motivation of the individuals
responsible for the acts described herein is to intimidate the Court
and prejudice its decisions," Justice Barasch wrote.
Mr. Milonas, who is also a former president of the Association of the
Bar of the City of New York, could not be reached for comment. But
the lead attorney representing the faction that hired Mr. Milonas in
the litigation defended him and criticized Justice Barasch's
comments.
"You know, that's an outrageous charge," said the attorney, Jeffrey
D. Buss of Smith Buss & Jacobs. "Leo Milonas is one of the most
honorable and upstanding lawyers that I've ever had the pleasure to
meet. You couldn't find a more straight-up, honest person that Leo
Milonas."
Mr. Buss added: "I join in Judge Barasch's call for an investigation
of corruption in the courts."
Scott E. Mollen, a partner with Herrick, Frinstein and Law Journal
columnist, who represents the opposing party, said, "I have enormous
respect for former Justice Milonas, but we never received any
evidence to back up the insinuations about Justice Barasch."
In his opinion, Justice Barasch expressed outrage over the bribery
allegations. He said false accusations concerning his staff had been
published by fax and on the Internet. He said Moshe Yaakov Yosef
Brach, a convicted felon, had inundated the court's fax machine and
the Office of Court Administration with bribery allegations. The
judge added that members of his staff's families had been harassed.
"Chambers have been daily inundated by calls from individuals using
pseudonyms and falsely claiming to be reporters or attorneys who are
tangentially involved in the case seeking information," Justice
Barasch said. "Those who would hopefully investigate this matter
should note that there are judges who would prefer to decline any
assignment involving members of this group of litigants. The
integrity of the Judiciary must be preserved."
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