ALBANY---The members of the New York State Commission on Judicial Conduct have unanimously expressed their loss of confidence in the judgment and leadership of the chair of the Commission, Raoul Felder. Felder, a Manhattan attorney, did not participate in the session of commission members seeking his resignation.

“As the agency of government charged with the serious and sensitive task of reviewing allegations of misconduct against judges throughout New York State, and ultimately determining whether to remove a judge from office, the Commission must at all times be and appear to be an example of probity and discretion, as well as independence, integrity and impartiality, the very qualities we require of our judiciary. It is especially important for the chair, as one of two individuals authorized to represent the Commission publicly and officially, to embody and promote these qualities”, the statement reads.

Felder has co-authored a book with Jackie Mason entitled “Schmucks!” which has a subtitle of “Our Favorite Fakes, Frauds, Lowlifes, Liars, the Armed and Dangerous and Good Guys Gone Bad.”

“We expect all members of the Commission, and especially the chair, to forgo certain rights and privileges in order to avoid impropriety and the appearance of impropriety and to maintain the trust and confidence of the public and the judiciary. The chair is not free, for example to express publicly, even in his private capacity, opinions that might reasonably cast doubt on the Chair’s or Commission’s ability to be and appear fair and impartial, or opinions that undermine the integrity and dignity of the office of chair.

“Commission members have a simple choice: accept certain limitations on speech and actions as a condition of service, or decline the position. Mr. Felder himself has publicly stated that his role as Commission Chair required him to act with “sobriety” and to “be more dignified.”

The commission’s loss of confidence in Felder’s judgment is rooted in the book. “Much of the material in this book, and the work as a whole, undermine the appearance of impartiality, and the dignity and probity that is required of the commission and its chair”, the panel’s statement says. “Although the book purports to be a work of humor, much of it is crude, biased, vulgar and otherwise demeaning”.

“The book repeatedly invokes racial, ethnic and religious invective. Such statements are inconsistent with the Commission’s role in enforcing the judicial obligations to refrain from words or conduct that manifest bias based on race, religion or national origin, and to require court employees and lawyers to refrain from such conduct”, the statement said.

“The book asserts that “anytime you hear the word ‘allegedly,’ you can bet it’s true.” Such a viewpoint is untenable from a Commission member whose role is to evaluate allegations of judicial misconduct and identify those that have merit. The book claims that “nothing in our country is more insidious than affirmative action.” Such a sentiment raises a reasonable perception that the speaker could not pass fair judgment on anyone he perceived to have benefited from affirmative action”, the statement continued.

“The point here is not to inhibit anyone’s right to publish under the First Amendment but to assure the bench, bar and public that the Commission’s decisions are fair and impartial, and that they are not driven by anyone’s biases. This book by the Commission’s Chair seriously undermines that perception”.

The statement said that the panel was exploring its options in removing Felder as chair.

Gov. Eliot Spitzer says that Felder should resign. Felder has maintained that his free speech rights are protected by the First Amendment but Spitzer said that “he does not have a First Amendment right to be chair of the Commission on Judicial Conduct” Felder had been appointed to the panel by former Gov. George E. Pataki. His term expires March 31, 2008.

“By virtue of having that position, he accepts certain limits upon his own behavior, just as judges do. Just as other elected or governmental individuals do, whether appointed or elected”. 4-18-07

© 2007 North Country Gazette