CAROLINE KENNEDY FOIL REQUEST AT THE OCA

                                                                                                          May 14, 2013

 Counsel’s Office

Office of Court Administration

25 Beaver Street

New York, New York   10004

            Pursuant to Public Officers Law, Article 6, I respectfully request copies of the following records of the Office of Court Administration concerning Caroline B. Kennedy (Registration Number: 2373751):

(a)  records and papers concerning, causing, or otherwise related to the registering of Caroline B. Kennedy as “Currently registered” as of May 3, 2013;


(b)
communications to, from, or on behalf of Caroline B. Kennedy between January 1st, 2009 and the date of the receipt of this request;


(c) 
communications about Caroline B. Kennedy made between any employee or public office holder of New York State since January 1st, 2013 and the date of the receipt of this request;


(d)
the names of all New York State employees and public office holders who individually or with others caused the change in the registration status of Caroline B. Kennedy from “Delinquent”, as it  appeared immediately prior to May 3, 2013, to “Currently registered” as it appeared on May 3, 2013;

(e) 
the names of the individual or individuals, whether employees or  public office holders of New York State, who by their personal acts caused the publication of the May 3, 2013 registration status page of  Caroline B. Kennedy;

(f)   Copy of the most recent biennial registration statement of Caroline Kennedy executed by her and received by the Office of Court Administration on or about May 3, 2013; and


(g) 
Copy of the registration statement of Caroline Kennedy executed by her and received by the Office of Court Administration for the biennial period preceding that of the most recent registration statement of Caroline Kennedy.

 

                                                            Respectfully,

 

CAROLINE KENNEDY HARRY REYNOLDS COMPLAINT TO NEW YORK ATTORNEY GENERAL

 

 

                                                                                                May 11, 2013

                                                           

Eric Schneiderman                                                                                          Attorney General                                                                                              120 Broadway                                                                                                   New York, N.Y.  10271-0332

Dear Attorney General:

            I set forth herein my complaint of the unlawful conduct of the Office of Court Administration (a) in its failure to refer the registration defaults of Caroline Kennedy to the Appellate Division of the Supreme Court, First Department, as mandated by Judiciary Law, § 468-a, and (b) in its changing of the registration status of Ms Kennedy from “Delinquent” on May 2d, 2013 to “Currently registered” on or about May 3rd, 2013.

                                                  Complaint

            Since 1982, the Judiciary Law, § 468-a, requires every New York attorney to file every two years a registration statement with the Office of Court Administration (OCA).          

          Caroline Kennedy, admitted to the bar in 1990, did not file two recent registration statements with the OCA and accordingly twice invoked Judiciary Law, §468-a’s provision that her defaults constituted “conduct prejudicial to the administration of justice and shall be referred [by the Office of Court Administration] to the appropriate appellate division of the supreme court for disciplinary action” which could include suspension from the practice of law.

            The purpose of the registration statement is not only the collection of a fee. Its purpose includes the attorney’s affirmance, in substance, that the attorney has not stolen his client’s money or other property.

          Caroline Kennedy by her defaults failed, among other things, to affirm that she had not stolen or otherwise unlawfully dealt with a client’s money or other property.

            Contrary to the mandate of Judiciary Law, §468-a, the OCA, without any authorization in law and in violation of  the Rules of the Chief Administrative Judge who oversees the OCA, twice did not refer  Ms Kennedy’s defaults  to the Appellate Division for disciplinary action. Instead, OCA during her defaults recorded her failures to file registration statements by listing her as “Delinquent”, a procedure wholly without any basis in Judiciary Law §468-a, or the Rules of the Chief Judge of the Court of Appeals or the Rules of the Chief Administrative Judge.

          OCA’s record describing Ms Kennedy as “Delinquent” was published by it on May 2d, 2013 when my following comment concerning Ms Kennedy was published by The New York Times in connection with Michael Shear’s column about the vetting of proposed appointees of the President:

“Harry Reynolds                                                                                                                  Scarsdale, New York

It would be prudent for the President to inquire into why Ms Kennedy is listed as “Delinquent” in the public records of the New York State Office of Court Administration because she has failed to file one or more registration statements which include her affirmation, in substance, that she has maintained her financial records as an attorney in accordance with the rules of the Appellate Division of the Supreme Court.

In short, as in the case of every attorney who registers, an answer must be given to the question whether Ms Kennedy has unlawfully taken or used moneys entrusted to her as an attorney.

Her failure to file requires the Office of Court Administration to refer her to the Appellate Division of the Supreme Court for disciplinary action which could include her suspension from the practice of law for conduct hindering the administration of justice.

Further, the prospect of Ms Kennedy’s appointment at a time of critical tension with North Korea must have politicians in both parties wondering about the President’s judgment. What would he do if Ms Kennedy, after her appointment, were suspended from the practice of law for conduct hindering the administration of law? Would he laugh and tell the Japanese jokes while they look closely at him for any sign of imbalance?”

            On the following day, May 3rd, 2013, the Office of Court Administration, contrary to Judiciary Law §468-a, and without any lawful authorization of the Chief Administrative Judge or of the Chief Judge of the Court of Appeals, changed the published registration status of Caroline Kennedy to “Currently registered” when in law she was in default for years and her case had not been transferred to the Appellate Division of the Supreme Court “for disciplinary action” as provided by law. In short, no one in public office at the OCA had the power to change the registration of Ms Kennedy from “Delinquent” to “Currently registered”.  It could only have been done in the abuse of public office.

            Did the “Delinquent” Caroline Kennedy go to sleep on May 2d and awake on May 3rd as “Currently registered”, free of a review of her defaults by the Appellate Division?  Indeed, as a bonus is she free of making up for all of those more than forty hours of Continuing Legal Education credits that she had not sat through like the rest of New York’s  attorneys?  What happened to Judiciary Law, §468-a? Was it cut unlawfully to suit the political schedule of the President or of Ms Kennedy? If that was OCA’s apparent purpose, shouldn’t the President renounce it?

          New Yorkers know quick change artists when they see them.

            The action of the OCA in the Kennedy case raises the question whether the OCA is open to its subjection to political uses by its unlawful policy of not referring to the Appellate Division lawyers who default in their obligation to file registration statements, all as mandated by Judiciary Law, §468-a.          

          Further, OCA should disclose the number of  lawyers in default and the number of the two-year periods attributable to each of them, for some may not have reported for as many as six or eight years, which brings us to the matter of Congressman Charles Rangel.

            Congressman Charles Rangel failed to comply with the registration statute between its enactment in 1982 and 2007, an Olympic leap of a quarter-century that would excite any pedestrian’s admiration for its length. He suddenly became registered in or about 2007 after what must have been a unique discussion with the OCA. The OCA disposed of his default without sending it to the Appellate Division as required by Judiciary Law, §468-a. He may have had a good defense, but it was one determinable only by the Appellate Division under §468-a and, in any case, the OCA does not have any judicial powers.

            What does one in New York do when there is an 800 pound gorilla in the OCA’s waiting room and the smell of garbage in the air?

          One should turn to you, Attorney General Schneiderman, who, unlike Governor Cuomo, has no familial relationship with Caroline Kennedy. You have declared your intention to rid New York of governmental corruption.

                                                  Respectfully,

                                          

                                                   Harry Reynolds                                                                                                                                     

 

 

 

 

                       

Caroline Kennedy’s 800 Pound Gorilla At The OCA

 

              Caroline Kennedy’s  800 Pound Gorilla at the OCA

                                                        By    Harry Reynolds
     When there’s an 800 pound gorilla in the waiting room at the OCA, how do they handle it? 
    
    Since 1982, the Judiciary Law, § 468-a, requires every New York attorney to file every two years a registration statement with the Office of Court Administration (OCA).

         Caroline Kennedy, admitted to the bar in 1990, did not file two recent registration statements with the OCA and accordingly twice invoked the law’s provision that her defaults constituted “conduct prejudicial to the administration of justice and shall be referred [by the Office of Court Administration] to the appropriate appellate division of the supreme court for disciplinary action” which could include suspension from the practice of law. (Emphasis added.)  

    The purpose of the registration statement is not only the collection of a fee. Its purpose includes the attorney’s affirmance, in substance, that the attorney has not stolen his client’s money or other property.

            Caroline Kennedy by her defaults failed, among other things, to affirm that she had not stolen client’s money or other property.

    Contrary to the mandate of Judiciary Law, §468-a, the OCA, without any authorization in law, and in violation of  the Rules of the Chief Administrative Judge who oversees the OCA, twice did not refer  Ms Kennedy’s defaults  to the Appellate Division for disciplinary action. Instead, OCA recorded her failures to file registration statements by listing her as “Delinquent”, a procedure wholly without any basis in Judiciary Law §468-a, or the Rules of the Chief Judge of the Court of Appeals or the Rules of the Chief Administrative Judge.

    OCA’s record describing Ms Kennedy as “Delinquent” was published by it on May 2d, 2013 when my comment concerning Ms Kennedy was published by The New York Times in connection with Michael Shear’s column about the vetting of proposed appointees of the President:

“HarryReynolds                                                                                                 Scarsdale, New York

    It would be prudent for the President to inquire into why Ms Kennedy is listed as “Delinquent” in the public records of the New York State Office of Court Administration because she has failed to file one or more registration statements which include her affirmation, in substance, that she has maintained her financial records as an attorney in accordance with the rules of the Appellate Division of the Supreme Court.

    In short, as in the case of every attorney who registers, an answer must be given to the question whether Ms Kennedy has unlawfully taken or used moneys entrusted to her as an attorney.

    Her failure to file requires the Office of Court Administration to refer her to the Appellate Division of the Supreme Court for disciplinary action which could include her suspension from the practice of law for conduct hindering the administration of justice.

    Further, the prospect of Ms Kennedy’s appointment at a time of critical tension with North Korea must have politicians in both parties wondering about the President’s judgment. What would he do if Ms Kennedy, after her appointment, were suspended from the practice of law for conduct hindering the administration of law? Would he laugh and tell the Japanese jokes while they look closely at him for any sign of imbalance?”

    On the following day, May 3rd, 2013, the Office of Court Administration, contrary to Judiciary Law §468-a, and without any lawful authorization of the Chief Administrative Judge or the Chief Judge of the Court of Appeals, and without any published explanation by Caroline Kennedy, changed the published registration status of Caroline Kennedy to “Currently registered” when in law she was in default for years and her case should have been transferred to the Appellate Division of the Supreme Court “for disciplinary action” as provided by law.

    Could this be true? Was the “Delinquent” Caroline Kennedy rehabilitated at night and woke up on May 3rd as registered and free of a review of her defaults by the Appellate Division? Are we watching an old Shirley Temple movie? Indeed, as bonus is she free of making up for all of those more than forty hours of Continuing Legal Education credits that she had not sat through like the rest of the attorneys down in the tween decks?  What happened to Judiciary Law, §468-a? The OCA would do well to publish the miraculous registration statement signed by Ms Kennedy upon which they presumably rely for its making of the unlawful change to the public record. The statement didn’t exist for years before May 3rd, 2013, according to the OCA’s listing of her as “Delinquent” during that period.  

    New Yorkers aren’t Jack and Jane Bimbos. They know quick change artists when they see them.

    The action of the OCA in the Kennedy case raises the question whether the OCA is open to its subjection to political uses by its unlawful policy of not referring to the Appellate Division lawyers who default in their obligation to file registration statements.  We ask OCA now for the number of these lawyers and the number of the two-year periods attributable to each of them, for some may not have reported for as many as six or eight years, which brings us to the matter of Congressman Charles Rangel.

    Congressman Charles Rangel failed to comply with the registration statute between its enactment in 1982 and 2007, an Olympic leap of a quarter-century that would excite any pedestrian’s admiration for its length. He suddenly became registered in or about 2007 after what must have been a unique discussion with the OCA. The OCA disposed of his default without sending it to the Appellate Division as required by Judiciary Law, §468-a. He may have had a good defense, but it was one determinable only by the Appellate Division under §468-a and, in any case, the OCA does not have any judicial powers.

    What does one in New York do when there is an 800 pound gorilla in the OCA’s waiting room and the smell of garbage in the air?

        One should call upon Governor Cuomo and Attorney General Eric Schneiderman both of whom have declared their intention to rid New York of governmental corruption.

    Invite them to start here with the 800 pound gorilla in the waiting room at the Office of Court Administration.


Harry Reynolds 
Attorney at Law                                                                                               
Scarsdale, NY

 May 10, 2013