Brooklyn Court System as Political Garbage Dump

Soon Brooklyn will have a man, Noach Dear, as one of its Civil Court judges. This is a man who never seems to have practiced law in his life and has been declared unqualified to be a judge by the NYC Bar Assn. How did this man become judge? Because a handful of politicians decided it would be politically convenient for him to be shoved aside on a court bench, essentially making the Brooklyn court system a political garbage dump. This is what these backroom politicians think of Brooklyn.

Things were supposed to change once Clarence Norman was in jail. That is what people keep telling me. Brooklyn politics will be better now that Clarence Norman is out of the way. No more unqualified judges, some told me. They had their chance to prove that this year and, to some degree, there certainly was an improvement in the quality of judges endorsed by the political insiders of Brooklyn. But they spoiled that effect by bringing out possibly one of their worst choices ever for a judge. Well, now the proof is in the pudding and this time the pudding is the unqualified Judge Noach Dear. Who delivered this unsavory pudding on our plates? These politicians:

Brooklyn Borough President and Angry Clown Marty Markowitz
Assemblyman and head of the Brooklyn Democratic machine Vito Lopez
City Councilman Dominic Recchia
City Councilman Vincent Gentile
City Councilman Kendall Stewart
State Senator Diane Savino
Assemblyman Dov Hikind

These are the Noach Dear Democrats. These are the so-called leaders who pushed an unqualified sleaze onto our court system. I thought that wasn’t supposed to happen anymore. Well it is still happening. Where is the big change we were promised? Apparently that promise went the way of so many promises these people make to us.

Let me review a little what these people shoved down our throats.

From Lambda Independent Democrats:

Dear is a notorious anti-choice, homophobic bigot who led the fight against New York City's gay rights bill. Moreover, Dear has been deemed "unqualified" by the Association of the Bar of the City of New York, failed the bar exam twice and is not known to have practiced law. As the New York Times noted in an editorial on September 10, Dear's "volatile personality and indifference to conflicts-of-interest make[s] him utterly unsuited for the bench."

If we wanted an anti-choice, anti-gay judge we could vote for the Republican candidate, Jim McCall. At least, from all I hear, he is qualified, has practiced law and is generally considered a reasonable guy. I am not in the habit of supporting Republicans and I don’t really want to start now. But by forcing Judge Noach Dear down our throats, Marty Markowitz, Vito Lopez and Dominic Recchia are making the Republican candidate look good. Democrats nominate someone who is unqualified. How does THAT make us look in the district.?

From Gatemouth, a blog personality who seldom agrees with the editors of Daily Gotham (myself in particular):

However, I'd be remiss if I didn't point out that Dear's anti-gay record is not merely a matter of quietly voting his conscience (as if he had one); it is possible to be wrong on the issue without exploiting hatred; Peter Vallone voted against gay rights without ever using it to make cheap points. It would have been one thing if Dear merely voted wrong on the issues. But, Dear's record is not merely one of bad votes; it is one of stoking the fires of hatred for his own poltical benefit (as when he taped Anthony Weiner's Q & A Before the Lambda Independent Democrats, and then shopped the video all around Orthodox Brookyln). Dear's bad votes should not necessarily disqualify him from this position (although they would still require expanation and discussion), but his bad behavior exploiting hatred should be a permanent bar to his holding judicial office (as should some of his non-social issue related bad conduct)...

[Dear] is the Garson family with a yarmulke, or as one Orthodox Jewish member of our bench once told me, an indictment waiting to happen. And let's not forget his lovely temperment! Even without his reactionary social views, Dear would be a blot on our judiciary.

I should give credit where credit is due. It was Gatemouth who first called my attention to the impending disaster of Judge Noach Dear.

From Daily Gotham's own Managing Editor, Michael Bouldin:

For an example of what we need to avoid, look no further than that Democratic bastion, Brooklyn. It has the lowest voter participation rates in the state. After the next election, the borough will be soiled by the presence on a court bench of Noach Dear, a noted bigot and racist, thereby neatly ending the possibility of justice in that courtroom for gay and Muslim New Yorkers.

Sounds like quite a condemnation of the Brooklyn Democratic leadership…most of whom seem to have endorsed Noach Dear and none of which seem to inspire much voter turnout among Democrats in Brooklyn. How does Marty Markowitz expect to be mayor if he can’t inspire voter turnout in Brooklyn and if he alienates the gay political clubs by endorsing a known homophobe? How can Dominic Recchia become Congressman or Brooklyn BP (he seems to be fishing for both positions) if he is part of such a lackluster and irresponsible organization?

From wikipedia:

During his unsuccessful run for the Ninth District congressional seat representing Brooklyn and Queens, auditors found that Dear and campaign treasurer Abraham Roth—a certified public accountant—accepted "several sets of sequentially numbered money orders." The money, purportedly from 47 individual contributors, totaled about $40,000. When interviewed, however, those whose names appeared on the money orders told FEC investigators they had never made donations to Dear's committee.

Nor were fraudulent money orders the only problem the audit found. In his 1998 campaign, Dear accepted a whopping $564,000 in contributions that exceeded federal limits, according to the FEC. Dear's committee agreed to return the excess contributions, and in its midyear 1999 filing claimed to have done just that, making refunds of more than $300,000. But that wasn't true either, auditors discovered. In fact, the complaint stated, the refunds were never made. As late as June 2003, when the FEC, unable to get Dear to agree to pay up, filed its complaint, he still had failed to refund more than $200,000 of the excess contributions...

In yet another ethical lapse, in 1993, Dear agreed to repay more than $37,000 to a private foundation that paid for expenses like telephones in his home and trips abroad by his children, under a civil settlement announced by Robert Abrams, then New York Attorney General.

According to The New York Times, "Richard Barr, a spokesman for Mr. Abrams, said that Mr. Dear, a conservative Brooklyn Democrat elected in 1982, broke laws governing charities when he used money from a foundation he helped create to pay for expenses ranging from calls from his car phone to a plane ticket for his wife."

Wow…really seems like things have changed since Clarence Norman is in jail. We got criminals for judges then…and now we have Judge Noach Dear, sometimes described as an “indictment waiting to happen.” Big change.

From a Village Voice article:

Dear started out as manager of his neighborhood's community board. When a wave of landlord arson and harassment drove hundreds of elderly and minority tenants from their homes on Borough Park's fringes in the early 1980s, Dear said he never noticed a thing. This shrewd perspective made him ideal for the council job, which he won in 1983...

As chairman of the council's human-rights committee in 1990, Dear organized a trip to South Africa for what he said was an apartheid fact-finding mission. Several black colleagues recruited for the trip bailed out, however, when Dear acknowledged that the junket was funded by the whites-only Johannesburg city council...

Prior to that, Dear had expanded the council's foreign-policy horizons by persuading a group of New York–based Sri Lankan Tamils, who were seeking publicity for their cause, that he would be their champion. In short order, the Tamils were paying for Dear to fly to Europe and investing $170,000 in his dairy restaurant. The loan soon went down the tubes along with the blintzes. The Tamils sued, claiming it was a personal loan. Dear countered that it was just an unlucky investment.

Noach Dear was unqualified yet was placed on the court for political convenience. How is this different than placing Mike Brown, a failed racehorse inspector, in charge of FEMA? The consequences for average citizens are very real in both cases. To quote a generally level-headed friend of mine, “I just can't stop thinking about what it would be like to be a party to a lawsuit being heard by Dear.” How can you trust politicians who are willing to sacrifice not only their values, but our court system to backroom political deals?

I join with Lambda Independent Democrats and Stonewall Democrats is saying this: We will remember all of our fellow Democrats who supported a blatantly unqualified homophobe for judge. We need to hold each and every one of them accountable whenever they run for office. Keep this list...and vote accordingly.

mole333's picture

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Daniel Millstone's picture

The flaw lies not in our

politicians but our political weakness, Horatio. Dear Dear had more support than his opponent. The opposition of Lamda & Stonewall Democrats was not enough to defeat him. It's a shame but, to reinvent the words of Joe Hill: don't mourn for Dear's victory, organize to deal effectively with the next one.

mole333's picture

Well...

I think that is misleading. Yes our political weakness is a problem...something I diaried about before, I believe. But Dear was picked by a machine and that machine campaigned for him and delivered the vote. Our weakness meant there could be no real opposition. But their strength was put behind an unqualified candidate. So yes, the flaw lies in our politicians as well and letting them off the hook makes about as much sense as letting Bush off the hook because he had more support. Well, okay, so he didn't, but you get the point.

And isn't looking to organize effectively for the next fight exactly what I am suggesting at the end here?

Yoda's picture

Dear was not appointed by

Dear was not appointed by Lopez, Markowitz or any other pol. He won a democratic election. We may think the voters in his district were dumb to do so but they voted for him.

mole333's picture

Misleading

In a low turnout election where many people don't even KNOW there is an election and barely know the candidates if at all, the role of the machine in funding mailings and handouts as well as delivering the vote is crucial. Anyone who thinks Dear wasn't appointed, via an election with scarcely 4% turnout, is letting Lopez, Recchia and the others off the hook too easily.

Now don't get me wrong. The fact that voters don't consider the judicial elections worth their attention and the lameness of the grassroots do bear some blame. But the people who pushed for Dear to be on the bench are the ones who bear the most responsibility for him being there.

Bouldin's picture

Oh wow

...you beat me to it. Lemme take down that post.

mole333's picture

Feel free to add to my rant

After all, no one rants better than a Bouldin.

Bouldin's picture

Oh, believe me

my rant is done and already posted. I just took it off the front page because it was redundant to this. It can wait until tomorrow, and meanwhile, I'm privately asking for some explanations for this, and haven't gotten any yet.

They want this to go quietly away. It won't.

mole333's picture

Explanation

The explanation is that's how the game works, get over it...now how about some fundraising and phonebanking favors from the netroots.

After the embarassing Senate condemnation of MoveOn.org after years of ignoring the racist, anti-Semitic, terrorism advocacy of Ann Coulter, Bill O'Reilly and that lot, I vowed to only donate to MoveOn.org for the forseeable future. Given that MoveOn.org mounted the largest and most effective phonebank ever for the Dems in 2006, I figure that is a good investment for my money. But now I have broken my vow and donated to Steve to show my support.

Can't say other candidates are getting much at least until the end of the year. But MoveOn.org will and I am sure come 2008 they will be begging MoveOn.org for help.

Bouldin's picture

Yup....

The explanation is that's how the game works, get over it...now how about some fundraising and phonebanking favors from the netroots.

In short, shut up and vote, faggots. That's the message here.

Gatemouth's picture

Oh Dear

I'm probably more disturbed about Dear than any of you, so much so that I'm currently researching to determine whether I can stomach endorsing the Republican. That being said, and that being sad, I think some perspective's in order.

"The machine" didn't raise Dear's money. Dear raised carloads of moeny everytime "the machine's" opposed him. And Dear didn't need the machine for troops to get out the vote, and clearly didn't get any. Dear got his clocked cleaned outside of the Orthodox vote.

"The machine" cynically joined a parade they thought was unstoppable to appear to be leading it, and now, with sweet and painful irony, they are denying the leading role they were only pretending to play. Pretty funny actually. They delivered vitutally nothing. Orthodox Jews daven twice a day. They are easy to pull. Dear pulled them. no one else voted. Dear won. Even in the Dyker Heights based 49th AD, the small piece of Borough Park in that district overwhelmed the Italian majority.

And, as I pointed out in the piece so approvingly quoted, the machine got a pretty good deal for themselves. Dear will now not run for the State Senate, where he was likely to have joined Carl Kruger as another not so hidden Democratic vote for Joe Bruno. I disapprove of the deal, but but even I can admit its upside.

In his piece, Bouldin call for "more and better Democrats", but this is one case where leaner and meaner might have helped. NYC Ultra-Orthodox jews overwhelmingly enroll as Dems, so they can vote in primaries, but they rarely vote that way in seriously contested general elections. if they registered where they'd be more comfortable, Dear would probably win as a Republcian, but at least our hands would be clean.

Funny thing, Dear chice as "machine candidate' was an unhappy accident. The well qualified Charlie Finkelstein was County's choice. Karen Yeeln hadn't even bothered to go through the panel, because she knew she'd never get the party endorsement, even though she'd surely have gotten the approved rating. When Finkelstein left the race because of his wife's illness, there was no one in the race approved bty the panel. if Yellen had gone through the process, Vito could never have endorsed Dear. So, let's not be overly critical of the process itself; this was an unanticipated contingency, and should not detract from the fact that reforms have raised the quality of the judges being supported by the party, something Mole has said himself in the past.

Finally, while i think the Dear thing is an important factor when evaluating a candidate, especically if he is running for an office which will be appointing or confirming judges, it is not necessarily the only facotr I will be considering. I am not mortgaigin my critcal faclities to Noach the Rocach; if I do, the terrorists win.

Forinstance, if a candidate who supported Dear is running against a candidate who helped joe Bruno to retain his Republican majorrity in the State Senate, i think that i am entitled to think long and hard about whether pretending to help a low level scumbag is really worse than helping the continued empowerment of evil incarnate.

Gatemouth's picture

and

One more thing.

You can't say low turnout means this race doesn't count, but then call your victory in the Surrogate race proof of anything larger

mole333's picture

If you remember...

My post primary rant chastized all and sundry for the abyssmal voter turnout and indicated that the whole circus was a big embarassment exempting no one, reformers and progressives included. You know I am pretty consistent about these things. But that doesn't change the fact that endorsing Dear deserves a huge black mark against these guys...many of whom already have black marks against their names in my little book.

ROSALIE907's picture

Hate To Say It

But those living in Dear's district should vote for the Republican Candidate. Barring that, I'm sure Dear will be under indictment within a year or 2.

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