Judicial Misconduct Charges Call for Physicians' Civil Rights
*New York, March 11, 2008 - Judicial misconduct charges were filed with
the New York State Commission on Judicial Conduct protesting the
decision of three New York State judges to deny a defendant all
witnesses for his defense. At issue are allegations that these judges
ignored constitutional directives and core principles of due process.
In tandem, the judges refused to grant a defendant physician his right
to any and all witnesses. "There is a name for hearings and trials that
do this," the doctor said, "everyone knows them as kangaroo courts, and
they are evidently alive and well today," adding "what is more, an odd
twist in this case - and possibly hard to believe - is that it was
eventually uncovered that one of the judges, for many years, lived at
the same residence as the plaintiff!" The named judges include the
Honorable Judges Nancy Lederman, Shirley Werner Kornreich, and New York
State Chief Judge Judith S. Kaye.
Invoking several constitutional points, the physician said that
witnesses have the capacity to provide invaluable testimonies for
vindication, instantly dissolving fabrications and exposing perjuries.
Challenged on professional issues, however, he was summarily denied that
right. "When a physician, in turn, challenges the system, the riposte is
likely to be severe, and it has been. Paradoxically, the victims
overwhelmingly turn out to be patients, not physicians. In fact,
recently filed with the New York State Division on Human Rights, are
reports of patients whose health was compromised, sometimes gravely, by
way of such gross legal irregularities."
The complaint of patients' adverse outcomes due to the disruption of
their care has also recently been filed with the federal Department of
Health and Human Services.
"Many professionals," the physician said, "from law, to clergy, to
medicine, tend to cover the tracks of colleagues who stray. In this
case, two judges attempted to whitewash a junior judge's mistakes.
Sometimes it takes a whistleblower, with all its attendant risks, to
seek a clearing of the record and changes of policy."
"The complaint filed with the Judicial Commission aims to support all
the New York State doctors long subjected to similar calamities of
justice, and there are large numbers of them," the physician remarked,
"in fact, so many, that several bills to address the matter have
attempted to make their way through the New York State legislature.
Lamentably, they were all vetoed by the former governor of the State of
New York."
"Questions posed to the Commission are the following: if a judge
systematically denies a defendant any and all witnesses for his defense,
and she hides the fact that she lived for many years at the same
residence as the plaintiff, and if two senior judges subsequently uphold
it all, how severe is the judicial misconduct? How grave are the civil
rights violations? And which is worse, the initial egregious judicial
errors, or their judicial whitewash?"
CONTACT INFORMATION:
Gerard Sunnen, M.D.
President, Ozonics International, LLC
200 East 33 Street, Suite 26J
New York, NY 10016-4831
Tel. 1-212-6790679 / Fax 1-212-6798008
http://www.gsunnen.com
http://www.ozonicsint.com
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