....June 2, 2:10 PM
 
 
   
Politics: Show Me The Money!

By MICHAEL SCHENKLER

It’s amazing, but this longtime political junkie is finding some of the political game distasteful.

Now don’t get me wrong. I’m not giving up the pursuit of the most intriguing of the social sciences. I love politics – but am beginning to hate some of the stuff that comes with it.

It’s not the corruption that is turning me off – that’s been part of the system since before Plato wrote the Republic.

My concern is the money needed to acquire and stay in office as well as the associated evil and abrogation of ethical standards and principles that go with it.

The financial foundation of politics is an out-of-control escalating geometric progression of money exchanging hands to buy and sell access and influence.

A presidential race costs a gazillion dollars. A U.S. Senate race you can figure $25 million – although Hillary’s re-election campaign next year could pioneer new financial ground on both sides. A closely contested NY congressional race ranges from $1 to $2 M.

Hundreds of thousands of dollars are needed to win a vacant contested NY State legislative seat. And although the NYC Campaign Finance Board has set an under- $200,000 spending cap for City Council public financing, there are a batch of Councilmembers sitting with war chests in the $400,000 plus range and opting out of the system.

We won’t even count what Mayor Mike will spend on his reelection. Folks like him and Jersey’s John Corzine have brought a new spin on the funding of political campaigns. They have blown the lid off previous expenditure but they have used their own funds negating any problem with buying and selling influence.

If you ask an insider, the best way to influence legislation, budget appropriation or government decisions, they’ll tell you to use the checkbook. Just look at the political contributions made by professional lobbyists, they’ll show you who you have to feed to have influence at the seats of power.

I recently approached an elected official and asked for advice in getting public funding for a particular worthwhile cause. The discussion centered on who should make the first call. Acknowledging the influence of the press, we reviewed and he dismissed an impressive list of elected officials I suggested, rolled his eyes at civic leaders, and then smiled with approval when I proposed a particular name — one of the decision maker’s largest political contributors.

Yup, it’s usually a case of Jerry Maguire’s “Show Me The Money.”

You have not-for-profit organizations hiring professional lobbyists and asking their board members to buy tickets to political fundraisers in order to get public funds. You have lobbyists taking exorbitant fees from worthwhile institutions, spreading a bit of their wealth around – legally – and delivering public budget lines.

You have corporations spending endless budgets on lobbying and contributions which certainly influence the decisions of government.

You have archaic laws that remain unchanged because legislative bodies become so bloated on contributions of interested parties they lack the will to move fast enough to catch up with the times – or is it that they lack the courage to enact laws that may not please those that provide the funds that bloat?

Political Action Committees, unions, corporations, special interests groups, the left, the right, all have one thing in common: the green which greases the wheels of government and makes it quietly work for them.

Soft money, a euphemism for legally skirting campaign finance laws, provides big corporate contributors loopholes large enough to drive a political party through.
Even the finest politicians can get sucked up in that giant whooshing sound. They are not devils. But some mornings when they wake up and discover who they’ve been in bed with, they have can have a hard time looking at themselves in the mirror.

But the need for money keeps growing.

TV costs, postage, print, polls, staff, consultants, research, fundraising, primaries, generals and keeping it all going from year to year can become very expensive while considerably increasing the girth of the politician.
And the contributors are also caught in the ugly cycle. It’s not always quite “pay to play” but money usually assures the entry price. For big companies, it’s the cost of doing business. For the individual who can afford it and wants a seat at the table, money buys access – big time. And for those who want to influence, spread it around, they won’t forget. There’s nothing illegal going on.

There is nothing wrong with contributing and there’s nothing wrong with asking and taking.

It just isn’t very good for the ordinary folks who only have enough money to pay the bills and save for the kid’s college or retirement. It’s not very good or our city, state or nation. It’s not very good for democracy. There’s nothing wrong with it.

It just stinks!

Michael Schenkler can be reached via this contact form.

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Judging The Judicial Conduct Chairman


By HENRY STERN

An ethical issue has been raised with regard to letters sent by the chair of the NYS Commission on Judicial Conduct soliciting funds for Leslie Crocker Snyder, an attorney who is challenging Manahattan DA Robert M. Morgenthau in the September Democratic primary.

The Commission is an 11-member body, chosen by the governor, the chief judge, and legislative leaders. Its members serve without pay, part-time, to review complaints about judicial corruption or other misbehavior, and decide whether punitive action is warranted.

Chairman Lawrence Goldman wrote a form letter which he sent to many of his professional colleagues, asking them to contribute to Ms. Snyder’s campaign. One of the letters went to Thomas Liotti, who is a criminal defense lawyer and part-time town justice in Westbury, in Nassau County.

Judges are not allowed to contribute to political campaigns, except their own, so sending that letter was inappropriate. But that is a relatively minor infraction, although Liotti once had a matter before the Commission on Judicial Conduct, in which he was a complainant rather than a defendant. Goldman’s solicitation came to public attention when Liotti complained about it. Goldman concedes that writing Liotti was an error, he did not remember that the man was a part-time judge.

Goldman is a state official who reviews the conduct of judges and participates in deciding whether they should be removed from the bench. For him to write letters soliciting money from lawyers to elect a district attorney is not illegal, but questions arise as to its propriety and the impression it may convey. In some states, a judicial conduct officer cannot be involved in any judicial campaign, but tolerant New York is not among them.

The problem of participation in partisan politics piques one’s interest in Goldman’s record as a commissioner. His solicitation on behalf of Snyder, a former judge who previously rewarded him with judicial patronage, raises issues as to what kind of a commissioner he has been.

In the vernacular applied to judges, Goldman is much more “free ‘em” than “fry ‘em.” In a number of recent cases before the Commission, Goldman has shown himself to be particularly merciful in dealing with judicial misconduct. Although he concurs in findings of guilt, he is extremely reluctant to remove a judge, which is the only sanction the Commission can impose that goes beyond a slap on the wrist.

For example, Brooklyn Surrogate Michael Feinberg gave over $9 million dollars in fees from 475 estates to his Manhattan neighbor and Brooklyn Law School buddy, Louis Rosenthal. In many of these cases, the fees the judge allowed were exorbitant. In 5˝ years, Rosenthal never submitted the affidavit required by law with an application for fees. His requests for payment were handwritten on Post-It notes attached to the case file. They were always approved by Surrogate Feinberg.

When the Commission on Judicial Conduct voted to remove Feinberg as Kings County Surrogate, Goldman wrote a lengthy dissent taking the position that the penalty was excessive.

Consider the case of Brooklyn Supreme Court Justice Reynold Mason, who took money from escrow accounts, both as a lawyer and as a judge. Mason was removed from the bench in 2002, with Goldman dissenting. The dismissal was upheld by the Court of Appeals. Mason was subsequently disbarred for this misconduct.

An unusual case, in that it did not involve greed, was decided in 2004. Henry Bauer, a city court judge in Troy, when dealing with minor offenses, including riding a bicycle on the sidewalk, imposed bail of $25,000 on young people who were not represented by counsel. After being remanded to jail if they pleaded guilty, they were sentenced to time served and released. If they pleaded not guilty, they would be sent back to jail until their case could be heard. The original offense in many of these cases was not punishable by a jail term. The Commission voted to remove Judge Bauer for numerous instances of the unusual practice of instant incarceration for minor offenses. Goldman dissented.

Although he chairs the commission, he appears to be in substantial disagreement with many of the other Commissioners, who insist on higher standards of judicial conduct.

It is Goldman’s judgment in these cases which we find puzzling. Perhaps over his many years on the Commission, he has become more tolerant of judicial misbehavior, and more in sync with Albany’s laissez-faire attitude with regard to ethical standards. If that is the case, he may not be the most suitable person in the State of New York to chair its Commission on Judicial Conduct.

Starquest@NYCivic.org

Not4Publication.com by Dom Nunziato
Michael Schenkler can be reached via this contact form.