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 SARATOGA COUNTY--A judge shall not lend the prestige of judicial office to advance the private interests of the judge or others.
So says the Rules Governing Judicial Conduct.
The state Commission on Judicial Conduct has issued past opinions in sanctioning judges that by writing a letter on judicial stationary as a reference for others, "a judge violates well-established ethical standards barring a judge from lending the prestige of judicial office to advance the private interests of the judge or others".
On their website, while specifically referring to the improper use of court letterheads, the commission states that "in addition to the significant body of case law in this area, the Advisory Committee on Judicial Ethics has issued numerous opinions on the proper and improper uses of judicial letterhead". http://www.scjc.state.ny.us/Policy%20Statements/court_letterhead.htm
So when a judge writes a letter of reference for someone on court stationary that constitutes judicial misconduct. Right?
Not according to the judicial commission.
Despite having a copy of the Feb. 10 letter of reference written by Saratoga County Family Court Judge Gilbert Abramson on court stationery in support of social worker Susan M. Kahn, owner of Supervised Visitations Inc. of Clifton Park who regularly appeared before Abramson, the commission has dismissed a complaint filed against Abramson saying there was "insufficient indication of judicial misconduct" by the family court jurist.
In his letter, Abramson used the prestige of his office to advance the personal and private interests of Susan Kahn, saying that he would "like to take this opportunity to state that for as long as I have been a Family Court judge, it has been my pleasure to work with Susan Kahn, owner of Supervised Visitation Services".
Perhaps Abramson's past political affiliations helped close out the complaint against him. There are 11 members of the commission. Four are appointed by the Governor, three by the Chief Judge of the Court of Appeals, and one by each of the four leaders of the State Legislature.
Abramson has been a family court judge since March 2000 when he was appointed by Gov. George Pataki to fill a vacancy created when the former family court judge, Thomas D. Nolan Jr. was appointed to the Supreme Court.
Abramson was elected for a full 10-year term in November, 2000.
From 1987 to his appointment in 2000, Abramson had served as chief counsel to the New York State Senate Committee on Children and Families. From 1993 to 2000, he also served as an assistant county attorney of Saratoga representing the county in the Family and Supreme Courts and as the deputy town attorney of Halfmoon. For eight years he was engaged in the private practice of law in Clifton Park, specializing in family and matrimonial law and also served as a law guardian.
Deborah Fellows, founder of the New York Civil Rights Council, says that the National Association of Social Workers entertained a complaint about Kahn, one its members. Fellows says that the complaint stems from Kahn allegedly failing her licensing test and because Abramson was using Kahn for "supervised therapeutic visits".
Fellows says that she is following a custody case, Rohling v. Rohling and on Sept. 9, 2003, Susan Kahn sent her first letter concerning the case to Judge Abramson but Fellows says the case wasn't even filed in Saratoga Family Court until Sept. 10, 2003. She says the case was not filed by a client of Ms. Kahn's nor had Kahn ever met the filing party.
"At least three more letters were mailed or faxed to Judge Abramson prior to Oct. 23, 2003", Fellows said and charges that Kahn and Abramson were engaged in prohibited ex parte communications regarding the Rohling case. "At the Oct. 23 hearing, Judge Abramson's opening statements were: "I have letters here, from Susan Kahn, that were sent to Betty Donahue (respondent's attorney), also sent to me, and she didn't send them to your client, because she didn't know that your client was represented."
She says as a result of the prohibited, ex parte communications between Abramson and Kahn Judge Abramson would not allow Mr. Rohling's children to see their father.
Fellows says that Kahn had failed her New York State licensing test as a social worker and was allegedly unlicensed to practice in New York State. A hearing by NASW ensued and Fellows says it was determined that Kahn had violated the group's code of ethics, breached her confidentiality and allegedly practiced beyond her scope of education and practice.
According to Fellows, the hearing also resulted in a determination that Kahn had "no ethical right to send ex parte letters to the judge (Abramson) concerning cases prior to a judge receiving cases or during active cases if they are unsolicited, both of which Ms. Kahn did".
The day before the NASW hearing was held, Fellows said she and the complainant against Kahn were served with a lawsuit brought by Kahn. "Because of this lawsuit, the committee of NASW closed the complaint on her and told us to, basically, take it to court", Fellows said.
That suit is pending in Saratoga Supreme Court, originally assigned to Judge Steven A. Ferradino and a countersuit has been filed against Kahn by Fellows, alleging perjury, fraud, defamation of character, slander, libel and conspiracy.
Fellows says that as a result of the discovery motions in the case, the letter of character reference written by Abramson for Kahn surfaced, addressed "To Whom It May Concern".
Fellows says she asked for the recusal of Ferradino due to the letter written by Abramson because if Ferradino is aware of Abramson's prohibited actions and fails to act upon it himself as required by the Rules Governing Judicial Conduct, then "he is just as guilty" as Abramson if he does not report the alleged ethics violation.
She says with the names of Judge Courtney Hall and support magistrate James Densmore also appearing on the letterhead, it gives the appearance that they are condoning Abramson's actions.
Ferradino did recuse himself and now Nolan, the Saratoga County family court judge who preceded Abramson, has been assigned to hear the case.
For Abramson's letter of reference for Susan Kahn, written on court stationery, see
http://www.ken-rohling.com/JudgeGilbertAbramson/Abramson-SusanKahn-2-10-05.jpg
Fellows says upon learning of the commission's claim that the letter written by court stationery by Abramson constituted "insufficient indication of judicial misconduct", dismissing the complaint against Abramson, she contacted the commission's offices and tape recorded the ensuing conversation:
NYSCJC: "We're sorry, in this case, our hands are tied."
FELLOWS: "Are you telling me that the using of court letterhead and altering transcripts are not unethical or illegal?"
NYSCJC: "We're sorry, in this case our hands are tied."
New York State Commission on Judicial Conduct December 2005
When she contacted the state Committee on Professional Standards in regard to a complaint against attorney Elizabeth Donohue, opposing counsel in the Rohling custody case, this conversation allegedly ensued:
FELLOWS: "What is considered misconduct?"
COPS: "Everything Ms. Donahue did to you."
FELLOWS: "Then why don't you prosecute her?"
COPS: "Because the Judge (Abramson) and the (Saratoga County) DA has sanctioned it and we're not going against them."
Office of Professional Standards, November 2005
Fellows says that Abramson, along with Kahn and former Ballston town justice Keith Kissinger who recently suddenly resigned and left the state, signed ex parte orders of protection in the Rohling case based on "false and now adjudicated false information".
"Judge Abramson openly and on the record admitted that he was doing this because Judge Keith Kissinger was not only a friend of his wife's Beth, but 'he is the NRA pistol permit instructor, and I don't want him to shoot me'". Fellows says. She says that Abramson stated from the bench that Kissinger had taught his wife how to shoot a .357. She says Abramson continued on the record to make reference to Susan Kahn and her ex parte telephone calls and letters. When referring over to those conversations he would say, 'which is sort of thumb on the scales of against your guy-continue to see her through Susan Kahn, or don't see the kid." "Cause that makes me hate you" {referring to Mr. Rohling} "based on what I'm seeing and what I'm hearing has been hellacious." "It's not a level playing field - we do like Susan {Kahn} very much and she calls a spade a spade."
Based on the trial transcripts and witnesses, a complaint was placed with the state judicial commission who said that there was "insufficient evidence of judicial misconduct". Case closed.
She says that Abramson then went on to brag how close he and Susan Kahn are, "bragging in open court how they openly talk via email and fax and phone. We ordered the transcripts of this bragging. 55 minutes of this transcript disappeared. Walter Stroup, Esq. and Dennis Englert, judge and Esq., openly admit that this court hearing was about 60 minutes long. The 'official' court transcript was only approximately 5 minutes long. The altering of this transcript has been authenticated", Fellows says.
http://ken-rohling.com/JudgeGilbertAbramson/doctored-transcript.html
She says they placed the second complaint with the Commission on Judicial Conduct and were again told---not enough evidence. Case closed.
Fellows says that after about 10 months of reigning terror in the Rohling case, Judge Abramson asked Ken Rohling a question in open court and when he did not like Ken's answer, Ken was told to shut up or go to jail for contempt. Abramson then dismissed all of Ken's petitions and recused himself. She says that Abramson then supported Susan Kahn in a complaint filed to the National Association of Social Workers where he sent them the letter of reference on court letterhead.
http://www.ken-rohling.com/JudgeGilbertAbramson/Abramson-SusanKahn-2-10-05.jpg
Fellows says that when she placed her complaint against Abramson, Kahn and Elizabeth Donohue (attorney for Mrs. Rohling) with COPS, she said she learned that it was not the first time the judicial commission or Committee on Professional Standards had accepted complaints about Judge Abramson and Susan Kahn and Elizabeth Donahue for the same thing, including one alleged physical assault on an attorney in the lobby of the Warren County Family Court leaving a bruise on the attorney's chest.
"Two weeks after the last evidence was entered into the commission against Abramson and his letter for Kahn on court letterhead", Fellows says, "a special web link was added to their page, I am sure this was in direct correlation of the complaint we placed":
http://www.scjc.state.ny.us/Policy%20Statements/policy_statements.htm
The introduction to the "special topics" section of the state judicial panel's website says that "in addition to rendering disciplinary determinations in individual cases, the commission makes observations and recommendations from time to time, usually in its Annual Report, on various topics of special note or interest. It does so for public education purposes, to advise the judiciary so that potential misconduct may be avoided, and pursuant to its authority to make administrative and legislative recommendations.
Of the Special Topics addressed in this section, the first topic is "Improper Uses of Court Stationery".
"The Commission has commented on this topic in various annual reports, as recently as last year. Insofar as the problem persists, it seems appropriate to do so again.
"Section 100.2(C) of the Rules Governing Judicial Conduct mandates inter alia that a "judge shall not lend the prestige of judicial office to advance the private interests of the judge or others."
"Over the years, numerous judges have been publicly disciplined for improperly asserting the influence of judicial office and improperly communicating with fellow judges and others on behalf of criminal defendants or civil litigants. It may be personally difficult for a judge to deny the request of a relative or friend who asks for influence or ex parte help, but the judge is obliged to refrain from doing so.
Where the assertion of judicial influence may be manifested in a letter on court stationery from the judge to the person or agency over which influence is sought, it makes no difference that the letter may be marked "Personal & Unofficial." That qualifying phrase cannot mask the identity of the sender as a judge.
http://www.scjc.state.ny.us/Policy%20Statements/court_letterhead.htm
It is undisputed that a judge's use of court stationery to advance the private interests of others----including Susan Kahn----is expressly prohibited and constitutes judicial misconduct.
In the matter of Abramson, with the proverbial "smoking gun" in hand, the commission says its "insufficient evidence" and that "in this case, our hands are tied".
Who tied their hands and prohibited the sanctioning of Saratoga County Family Court Judge Gilbert Abramson? 12-27-05
© 2005 North
Country Gazette
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