Junk-judge Con Sentenced Again

By Ikimulisa Livingston
New York Post
June 15, 2006

A convict set free by a booted Queens judge was in court again yesterday where he was sentenced to three to six years in prison - time he'll serve concurrent to his 25-year stint for shooting a cop.

William Hodges, 33, nearly got away with snatching the gun from Officer David Gonzalez's holster and shooting the cop during a struggle in a stairwell in 1999.

But Judge Laura Blackburne - stripped of her judgeship Monday - set him free on a technicality.

Judge Laura's Supreme Slap
Fired for Sneaking Suspect from Court

By Scott Shifrel
New York Daily News
June 14, 2006

Time to hang up that robe, Your Dis-Honor. Justice Laura Blackburne, shown in 2003, was kicked off Supreme Court yesterday, ending career full of missteps. There goes the judge. The state's highest court booted controversial Queens Supreme Court Justice Laura Blackburne from the bench yesterday, citing her "rash and reckless decision" to help a robbery suspect evade arrest. In a 5-to-2 ruling, the Court of Appeals in Albany said Blackburne had "placed herself above the law she was sworn to administer, thereby bringing the judiciary into disrepute and undermining public confidence in the integrity and impartiality of her court." Her "dangerous actions exceeded all measure of acceptable judicial conduct," the judges added. The sacking ended a career in public marked by missteps - including frequent clashes with law enforcement during her years on the bench. Patrick Lynch, president of the Patrolmen's Benevolent Association, hailed the ruling. "The New York State Court of Appeals has done the people of New York City a great service by permanently removing Laura Blackburne, a notorious cophater," Lynch said. Blackburne, 68, who was elected to the city's Civil Court in 1995 and state Supreme Court five year later, could not be reached for comment. She was said to be visiting with her daughter, a Washington judge who was recently nominated to the D.C. Court of Appeals, the District's highest court, by President Bush. Blackburne was suspended without pay late last year after the state Commission on Judicial Conduct recommended her removal. The panel wanted her canned for telling a court officer to escort robbery suspect Derek Sterling out a rear door to an elevator reserved for judges and out of the sight of a detective waiting for him. Blackburne was presiding over a Queens drug treatment court on June 10, 2004, when Detective Leonard Devlin asked to question Sterling about a violent robbery. Believing Devlin was using "a ruse," as Blackburne put it, she instead had Sterling escorted out a backdoor. Sterling was later arrested at a drug treatment center but, ultimately, was cleared of the robbery charges. John McKillop, president of the Supreme Court Officers Association, said he was "delighted to hear that this woman will no longer be inflicting her warped sense of justice upon the citizens of New York." Blackburne appealed, arguing for censure - a public scolding - instead of her ouster. "We're very disappointed," said her lawyer Richard Godosky. "She was very optimistic. She only had two years to go [until retirement] and everyone, everyone agreed that she would never repeat this." Blackburne, a protege of former Mayor David Dinkins, headed the city Housing Authority during his administration. But she later resigned after embarrassing revelations that she had spent lavishly to furnish her office - including the purchase of a pink leather couch. Still, Blackburne's supporters, many in the St. Albans, Queens, neighborhood where she had been active politically with her husband, Elmer Blackburne, were bitterly disappointed. "She is a superb human being, a compassionate human being and this is absolutely absurd," said Hazel Dukes, a state NAACP spokeswoman. "Our community is shocked. It's a sad day." Blackburne is the sixth Supreme Court justice in state history to be kicked out of office. With Hugh Son Wronged cops glad to see her go No one was happier to see Laura Blackburne get booted from the bench than the two cops she stuck it to the worst. "I feel that justice was done," said Detective David Gonzalez, who was shot in 1999 by a gunmen later freed by Blackburne. "She has shown that she is no friend of the police. If anything, the opposite is true." Blackburne freed the shooter, William Hodges, on a technicality, ruling he had been denied a speedy trial. "It was hard for me to see the guy who shot me and almost kill me walk out of the courtroom," said Gonzalez, still in pain from the bullet that shattered his hip. Blackburne's decision was later overturned, clearing the way for Hodges' conviction and a 25-year sentence. The decision to remove Blackburne was prompted by a 2004 incident in which she allowed Derek Sterling, a convicted drug dealer, to evade Detective Leonard Devlin, who was waiting to arrest him. "I put in 20 years on the job and saw a little bit of everything," said Devlin, who called Blackburne's ouster "long overdue." "But, what she did still surprises me. I couldn't believe it," he added. Scott Shifrel and Robert F. Moore

NAACP Sees "Right-Wing" Pressure in Bid to Oust NY Judge

By John Caher
New York Lawyer
New York Law Journal
April 24, 2006

ALBANY — Portraying the state Commission on Judicial Conduct as a vehicle of right-wing agitators, the NAACP has come to the aid of Queens Supreme Court Justice Laura D. Blackburne as she fights to salvage her judicial career after helping a robbery suspect elude police.

The NAACP's brief, filed by Jeffrey W. Saries of Mayer, Brown, Rowe & Maw in Chicago, contends that the commission's 8-2 vote to remove rather than censure Justice Blackburne, who is black, is symptomatic of a national effort by conservatives to badger judges.

"The vitriolic campaign against Justice Blackburne cannot be divorced from the anti-judiciary campaign being orchestrated by right-wing forces nationally," Mr. Saries says in his brief. "The campaign against Justice Blackburne fits neatly into the anti-judiciary blueprint drawn up by then-Republican Majority Leader Tom DeLay, who told the Washington Post: 'The judges need to be intimidated. If they don't behave, we are going to go after them in a big way.'"
The NAACP is also attempting to convince the Court of Appeals that removing Justice Blackburne, as the commission recommended, would "fuel suspicions that African-American judges are held to a more demanding standard than other judges."

The Court will hear her appeal on May 2 (Matter of Blackburne v. State Commission on Judicial Conduct, 70).

The brief contends the Queens jurist was, if not quite set up, then targeted by law enforcement groups that were unhappy with her rulings.

Further, it claims the Commission on Judicial Conduct capitulated to pressure ostensibly exerted by Governor George E. Pataki, Mayor Michael R. Bloomberg, "right wing extremist publications" and tabloids that described her as "Let-'Em-Go Laura," "Loony Laura," and as a "judicial jerk."

Three amicus curiae briefs were submitted on behalf of six organizations eager to weigh in on whether Justice Blackburne, a respected judge with no prior blemishes on her 10-year-judicial record, is deserving of the most severe sanction for a single infraction.

Justice Blackburne had indeed been vilified after the June 10, 2004, incident, when she directed a suspect appearing in her drug court to escape through a back door as a detective waited outside her courtroom to arrest the man.

She was roundly criticized by the governor and mayor, editorial and headline writers, columnists and law enforcement advocates. She was mocked by the tabloids and portrayed in the national conservative press as the epitome of an activist, liberal judge. Justice Blackburne was so riddled with criticism that she found it impossible to do her job and asked the Court of Appeals to suspend her with pay. It granted her request.

'Unworthy' Innuendo

But Robert H. Tembeckjian, the commission's counsel and administrator, said in response to the NAACP assertions that "it was the egregiousness of petitioner's transgression, not the publicity it spawned or the composition of the tribunal, that informed and motivated the Commission's determination."

He said: "This Court should reject as unfair and unworthy any innuendo that the Commission's decision was based on considerations other than a fair appraisal of the record and the gravamen of petitioner's misconduct."

Curiously, over two years ago in Matter of Bauer, the commission was accused of bowing to the liberal agenda of the American Civil Liberties Union and other left-of-center activists. Troy City Judge Henry Bauer was removed after the commission concluded that he had neglected the rights of criminal defendants. In that case, the judge's lawyer claimed the commission was advancing a liberal criminal justice agenda.

Now, the commission finds itself accused of caving in to conservative pressures in the Blackburne case.

The incident, which so incited critics and led the commission for Justice Blackburne's removal, centered on defendant Derek Sterling, who was enrolled in a court-ordered drug treatment program. Mr. Sterling was before Justice Blackburne while a New York City detective waited outside to arrest him on robbery and assault charges.

Justice Blackburne apparently thought that Detective Leonard Devlin had initially deceived her by indicating that he was there only to question Mr. Sterling as a witness.

When the judge realized the detective planned to arrest Mr. Sterling, she took offense and arranged for a court officer to lead him out a back way. The court officer and an assistant district attorney protested, but the judge was insistent, according to the record.

"I'm not trying to keep you from being arrested," Justice Blackburne told Mr. Sterling in court and on the record. "I'm trying to keep you from being arrested today in my courtroom based on obvious misrepresentation on the part of the detective."

Mr. Sterling evaded police, but was captured the following day and arrested on charges that were ultimately dismissed. Justice Blackburne has acknowledged making a "terrible mistake," but insists her aim was to "protect the fundamental trust that she believed was necessary in the Queens Treatment Court."

Eight members of the commission on Judicial Conduct agreed that Justice Blackburne had so "transcended the boundaries of acceptable judicial behavior" and abused the power of her office that no sanction other than permanent banishment from the judiciary is acceptable. But two, Stephen R. Coffey of Albany and Richard Emery of Manhattan, argued that the penalty was too harsh.

'Poor Judgment'

On appeal, Justice Blackburne contends that the Court has never before removed a judge for a single act of misconduct unless the offense involved a corrupt motive, racial animus or a breach of trust — none of which is present in this case.

Justice Blackburne's counsel and all of the amici acknowledge the jurist committed a serious error in helping a suspect escape. But they insist the sanction of permanent removal is too harsh.

"No one disputes that the sole reason for petitioner's misconduct was to demonstrate that the court would not be an unwitting participant in a police officer's ruse," the judge's attorney, David M. Godosky of Godosky & Gentile in Manhattan, argues in his brief. "The means for demonstrating that was to deprive the police officer of what the petitioner viewed as the fruit of that ruse — the arrest of the criminal defendant."

Mr. Godosky cites Matter of Sims, 61 NY2d 349 (1984), for the proposition that removal "is not normally to be imposed for poor judgment, even extremely poor judgment."

A joint amicus brief presented by the Queens County Bar Association and joined by the Association of Black Women Attorneys, Queens Law Associates and the Latino Lawyers Association also argues for a censure, contending that judicial independence is at stake. The Association of Supreme Court Justices contends that a judge should not be exposed to removal for a single "error of judgment."

But Mr. Tembeckjian counters that Justice Blackburne's "conduct was so beyond the pale that there are few reported cases analogous to it." He said she "perverted the role of a judge and fatally undermined public confidence" in her professional integrity.

"A judge should know better than to help a suspect escape arrest. . . . There are occasions when even a single instance of judicial misconduct is so egregious that it warrants the judge's removal from office. This is such a case," Mr. Tembeckjian says in his brief.

He also said that at least 13 judges have been removed from office for a sole act of misconduct. He points specifically to Matter of Gibbons, 98 NY2d 448 (2002), where the Court removed a town justice who signed a search warrant and then, out of anger, alerted the target's attorney before the warrant was executed.

   Judge Laura Overruled by Jury
   as Cop Shooter Gets Convicted

By Scott Shifrel
Daily News Staff Writer
March 28, 2006

The man freed by controversial Queens Judge Laura Blackburne was convicted yesterday of assault for shooting a police officer during a struggle in a Jamaica apartment building.

William Hodges, 33, was acquitted of attempted murder and aggravated assault on a police officer for the Nov. 12, 1999, shooting - but still faces up to 32 years for assault and gun charges.

"It's a great day," the shooting victim, Detective David Gonzalez, told the Daily News after the verdict. "This guy tried to kill me but six years went by with no accountability at all. Now, he's being held accountable."

Hodges was freed in 2002 after Blackburne found he had been denied a speedy trial. But the ruling by Blackburne, who has since been recommended for removal from the bench for helping another suspect escape, was overturned.

"What she did by letting [Hodges] free was endanger the police and the public," said Gonzalez, who is in constant pain from the bullet that shattered bones in his hip. "I'm glad that the truth won out."

The four men and eight women in Queens Supreme Court Justice Richard Buchter's courtroom said they never bought Hodges' story that cops framed him - and that Gonzalez shot himself.

"Most thought the gun went off accidentally - but after [Hodges] and the officer struggled," said one juror.

With Alison Gendar

NY Judges' Group Opposes Colleagues Ouster From Bench

By Daniel Wise
New York Lawyer
New York Law Journal
February 28, 2006

The association representing New York state's 400 Supreme Court justices has asked the Court of Appeals for permission to file an amicus brief, urging that Queens Justice Laura D. Blackburne be censured, rather than removed, for helping a defendant to evade arrest in her courtroom.

In a proposed brief submitted with the motion, the association wrote that Justice Blackburne had acted out of concern "to preserve the integrity" of the Drug Treatment Court, over which she was presiding. With a police officer outside her courtroom waiting to arrest a defendant, the brief stated, Justice Blackburne was concerned that "the drug treatment court not be perceived as coordinating with police to arrest defendants who appear for the purpose of furthering their drug treatment programs."

In instructing a court officer to escort the defendant out of the courthouse down a private stairwell, the association acknowledged Justice Blackburne "made a mistake," but not one warranting removal.

The Court has already accepted amicus curiae briefs from the NAACP and the Queens Bar Association, arguing that that removal for a single error of judgment is too harsh a sanction.

Justice Blackburne is appealing the recommendation of the state Commission on Judicial Conduct, by a 9-2 vote last November, that she be removed from the bench.

 NY Judge Wins Support of
 Bar Group in Fight to Stay on

By Daniel Wise
New York Law Journal
New York Lawyer
December 27, 2005

The Queens County Bar Association has taken issue with the recommendation of the state Commission of Judicial Conduct that Justice Laura D. Blackburne be removed from the bench.

By a 9-2 vote, the commission last month recommended that the Court of Appeals remove the judge for ordering a court officer to escort a defendant down a rear stairway to avoid arrest at her Long Island City courtroom.

In a resolution unanimously adopted by the bar group's board of managers, the association expressed concern that the unjustified exercise of the removal power will have a chilling effect on judges. The resolution acknowledged the judge had used poor judgment, but asserted that removal should be reserved for situations where a judge's actions have been found to be criminal, venal or corrupt.

Let-'Em-go Judge
 Laura Keeps Her Pay While Awaiting Appeal

By Scott Shifrel
New York Daily News
December 6, 2005

A Queens judge facing removal from the bench for letting a robbery suspect sneak past cops can collect her $136,700 annual salary while she sits at home and appeals the decision.

Laura Blackburne's appeal is likely to take as long as six months.

Blackburne, 67, drew the ire of the Judicial Conduct Commission and police everywhere on June 10, 2004, when she allowed a suspect to avoid arrest by sneaking him out the back of her courtroom.

Last week, she exhibited what critics called the height of chutzpah when she became the first judge recommended for removal to ask for her own suspension - with pay. Yesterday, the state Court of Appeals, which will ultimately decide her appeal, unanimously agreed.

Let-'Em-go Laura Faces Court Finale

By Alex Ginsberg
New York Post
December 6, 2005

Justice Laura Blackburne is a step closer to being tossed out of her job today — but still collecting her six-figure salary.

The controversial jurist, who was recommended for removal by a state commission last month, was officially suspended yesterday by the state's highest court, but will be paid her $136,700 yearly salary.

The suspension will last until the panel, the Court of Appeals, hears her appeal of the commission's decision. She has until Dec. 18 to file that appeal.

Her lawyer has said that Blackburne plans to contest the ruling, but a spokesman for the Court of Appeals said no paperwork had yet been received. "We're extremely pleased that the court of appeals has suspended her," said John Strandberg, recording secretary for the Supreme Court officers union. "She's been a horrible judge."

Judge Facing Removal Seeks Paid Suspension

By Corey Kilgannon
The New York Times
December 3, 2005

A justice of the State Supreme Court in Queens who is facing removal from the bench notified New York State's highest court yesterday that she would appeal to keep her job. But in a highly unusual move, the judge, Justice Laura D. Blackburne, asked the court to suspend her with pay during the proceedings.

"This is the first removal case we've ever had in which the judge has called for her own suspension during the appeal," said Robert H. Tembeckjian, the administrator of the State Commission on Judicial Conduct.

The commission announced last week its recommendation that Justice Blackburne be removed from the bench for helping a robbery suspect in her courtroom elude a detective by allowing him to leave through a back door.

In its decision, the commission said that Justice Blackburne had "set a reprehensible example for court officers and other court personnel" and "transcended the boundaries of acceptable judicial behavior."

Justice Blackburne, who has not returned to the bench since that announcement, is only the fifth Supreme Court judge to be recommended for removal - the panel's harshest penalty - since the commission was formed in 1978.

A lawyer for Justice Blackburne, Richard Godosky, said yesterday that she was requesting to continue receiving her salary, which is $136,700 a year, to avoid putting "undue financial burden" on herself and to allow her "not to have to go back on the bench with a cloud over her head."

In a letter sent to the state's Court of Appeals yesterday, Mr. Godosky wrote requesting his client's suspension "because of the inordinate attention Judge Blackburne has received and Judge Blackburne's own remorse for the embarrassment that her own actions have brought upon the bench."

"We do request, however, that the suspension be with pay," he added. This, he wrote, would allow Justice Blackburne to not work and "prevent any potential conflicts or issues that could arise" while on bench.

He wrote that Justice Blackburne acknowledged that "it would be both impractical and unfair for her to attempt to continue her normal duties" while the court reviewed the commission's determination.

The Court of Appeals - which may suspend judges either with or without pay, depending on the severity of their offense - will decide this in the coming weeks, said Gary Spencer, a spokesman for the Court of Appeals.

Next, Justice Blackburne and the commission are expected to file arguments. The court will then likely hear the case within several months, Mr. Spencer said. The court has agreed with the commission in the four previous cases involving Supreme Court justices and has affirmed the commission's recommendations in most cases.

Mr. Godosky called Justice Blackburne's decision to help the robbery suspect avoid the detective "poor judgment in one case on one day - an error that Judge Blackburne regrets and for which she has repeatedly expressed her contrition and remorse."

Judge: I Was Set Up

By Dareh Gregorian
New York Post
November 25, 2005

The Queens judge facing the ax for helping a robbery suspect avoid arrest thinks she may have been the victim of a police conspiracy, The Post has learned.

Despite telling the state Commission on Judicial Conduct she felt "remorseful" and "ashamed" of her actions, Queens Supreme Court Justice Laura Blackburne blamed her decision to help Derek Sterling evade arrest on an NYPD detective and a prosecutor, commission records show.

Blackburne's beef with the female assistant district attorney who warned her she was doing something wrong is that she didn't do enough to stop her. "I would have expected more," the judge said.

Blackburne's lawyer, Richard Godosky, suggested his client was the victim of an NYPD conspiracy.

"Perhaps the police were setting up Judge Blackburne," he said, insisting the case against Sterling was so weak he was later cleared that cops never should have arrested him.

The incident took place in June 2004. Sterling, who had a drug hearing before Blackburne, had become a suspect in a violent robbery, and Detective Leonard Devlin came to court to bust him.

Devlin told a court officer he wanted to question Sterling, but later informed a lawyer whom Blackburne had lined up for the defendant that he planned to arrest him after the hearing.

That infuriated the judge, who ordered Court Officer Richard Peterson to escort Sterling out of the building via the judges' entrance even though Peterson told her he feared he was being ordered to obstruct justice.

The commission has recommended that Blackburne get the boot, finding she "placed herself above the law she is sworn to uphold."

Blackburne said she did what she did because she was "quite annoyed" with the detective although she never asked him why he wanted to arrest Sterling.

"I'm not sure whether it was misrepresented on purpose, whether it was misrepresented accidentally, but it was clear that he had in mind to arrest Mr. Sterling. He could have said it from the beginning and we would not be here today," she said.

The judge complained that the prosecutor did not tell her enough about why the detective was there and that she didn't realize she did anything wrong until another prosecutor told her she'd created a "s- - - storm."

"He went to explain that it had become bigger than life . . . And I said, 'Well, if I had to do it again, I would do it a different way . . . I guess I really made a boo-boo.' "

Show Judge the Door

By Alex Ginsberg and Dareh Gregorian
New York Post
November 23, 2005

A controversial Queens judge who helped an ex-con evade arrest is no longer sitting on cases and the state panel that disciplines judges says she should take a permanent hike.

State Supreme Court Justice Laura Blackburne "placed herself above the law she is sworn to uphold and abused the power of her office," and should be removed from the bench, the state Commission on Judicial Conduct recommended yesterday.

"There are occasions when even a single act of State Supreme Court Justice                          judicial misconduct is so egregious that removing
Laura Blackburne                                   the judge from office is warranted. Helping a
Photo: Jim Alcorn                           a suspect evade lawful arrest by sneaking him out the back door of the courthouse is such a circumstance," said commission administrator Robert Tembeckjian.

Blackburne, 67, and her lawyer, Richard Godosky, did not return calls for comment.

"The public's perception regarding the integrity, fairness and impartiality of the judiciary is paramount. And the committee's action sends a powerful message as to what will not be tolerated," said another Queens judge, who asked not to be identified.

The bizarre incident happened in June 2004, when NYPD Detective Leonard Devlin showed up at the Kew Gardens courthouse to arrest Derek Sterling, 23.

Sterling, then a suspect in a violent robbery, had a hearing scheduled in a drug case before Blackburne. The cop told a court officer he wanted to question Sterling, and then waited outside Blackburne's courtroom to arrest him because it's "accepted protocol" that cops not arrest a defendant until his case is finished.

The court officer, Sgt. Richard Peterson, told the judge Devlin was there  and she told Peterson to get a lawyer for Sterling, the report says.

That lawyer told Devlin his client wouldn't talk to him and the cop then told him he was going to arrest Sterling, the report says. Blackburne was incensed, and said she was going to have Sterling taken out of the courtroom through a side entrance for judges and jurors.

Both Peterson and a prosecutor who was in the courtroom asked the judge to reconsider, but she refused.

The judge told Sterling: "I resent the fact that a detective came to this court under the ruse of wanting to ask questions when in fact, he . . . wanted to arrest you."

Transcripts of her commission testimony show that when a prosecutor told Blackburne her actions had sparked outrage, the judge recalled saying, "So I made a boo-boo."

In a dissent, commission member Richard Emery called the recommendation "unprecedented and unfair."

Panel: Show the Door to Judge 'Back Door' Blackburne

The Associated Press
November 22, 2005

The state agency that monitors the conduct of judges said Tuesday that state Supreme Court Justice Laura Blackburne should be fired for helping a suspect evade arrest by having him taken out by a back door of her Queens courthouse.

Robert H. Tembeckjian, administrator of the State Commission on Judicial Conduct, said in reporting the agency’’s finding, ""There are occasions when even a single act of judicial misconduct is so egregious that removing the judge from office is warranted.""

""Helping a suspect evade lawful arrest by sneaking him out the back door of the courthouse is such a circumstance,"" Tembeckjian said.

Blackburne, 67, was sharply criticized by police and other officials after she directed a court officer to escort robbery suspect Derek Sterling out a rear door and to an elevator reserved for judges while a detective waited for him on June 10, 2004.

Blackburne has said the detective did not have a warrant and tried to trap Sterling by using a ""ruse"" that he just wanted to question him. While the detective waited in a courthouse hallway, Sterling fled but was caught about 12 hours later.

Blackburne’’s lawyer, Richard Godosky, was not immediately available for comment.

Removal from office is the most severe discipline the commission can determine. Other sanctions are private caution (a quiet, private scolding), public admonition (a public scolding) and public censure (a loud last chance, public scolding). The judge has 30 days to decide whether to accept the decision or appeal it to the Court of Appeals in Albany, the state’’s highest court. The commission made its determination last Friday.

Commission Seeks Removal of a Judge

By Nicholas Confessore
The New York Times
November 23, 2005

The State Commission on Judicial Conduct has recommended that a controversial New York City judge be removed from the bench for helping a robbery suspect in her courtroom elude a detective by allowing him to exit through a back door.

Justice Laura D. Blackburne of the State Supreme Court in Queens is only the fifth Supreme Court judge to be recommended for removal - the panel's harshest penalty - since the commission was constituted in 1978.

In its decision, a majority of the 11-member commission said that Justice Blackburne had "set a reprehensible example for court officers and other court personnel" and "transcended the boundaries of acceptable judicial behavior." Eight members voted for removal and two said she should only be censured. One was not present.

Richard Godosky, a lawyer for Justice Blackburne, said she would ask the Court of Appeals, the state's highest court, to review the recommendation. That court has agreed with the commission in the four previous cases involving Supreme Court justices, and has affirmed the commission's recommendations in the vast majority of cases.

"We think the majority missed the boat on this," Mr. Godosky said. "There's never been a judge removed for a single instance of aberrant conduct with no venal motive."

He added, "I think that perhaps adverse publicity regarding the event led them astray."

In her decade on the bench, first as a civil court judge and then on the Supreme Court, law enforcement officials have frequently accused Justice Blackburne of being biased against police officers.

In 1992, she resigned as chairwoman of the New York City Housing Authority after spending hundreds of thousands of taxpayer dollars to take business trips overseas and redecorate her office with items including a $3,000 pink leather couch.

But Justice Blackburne, a former counsel for the state N.A.A.C.P. who remains well-connected in local political circles, did not lack for defenders yesterday.

"I'm surprised and chagrined to believe that they would take such an extreme step over this incident," said Leroy G. Comrie, a city councilman from Queens. "I would encourage her to challenge it."

Councilman Charles Barron of Brooklyn was even more vocal. He described the commission's decision as "outrageous, extreme, unjust, straight up bogus."

"They made it sound like some dangerous criminal was being smuggled out the back door," added Mr. Barron, who has often crossed swords with law enforcement officials over issues of police misconduct.

In its decision, the commission wrote that the facts of the case were "largely uncontested."

On June 10, 2004, the defendant, Derek Sterling, appeared before Justice Blackburne to update her on his progress in a drug treatment program.

During the hearing, Detective Leonard Devlin arrived to arrest him in connection with a robbery the month before.

While the detective was outside the courtroom's main entrance, Justice Blackburne ordered a court officer to remove Mr. Sterling through a private exit at the courtroom's rear, giving him access to a stairwell leading to the judges' parking lot.

Told by a prosecutor in the courtroom that her action was inappropriate, Justice Blackburne said she was angry that the detective had told a court officer he was there to question Mr. Sterling when he actually intended to arrest him, calling it a "ruse."

Mr. Sterling was arrested the next day at his drug treatment center.

According to the commission's report, when Detective Devlin arrived at the courthouse and while he was waiting outside Justice Blackburne's courtroom, he told several court workers that he was there to arrest Mr. Sterling. He also told a lawyer, Warren M. Silverman, whom Justice Blackburne asked to represent Mr. Sterling after learning that a police officer was there to arrest him.

One court officer, Sgt. Richard Peterson, told the commission that the detective said he intended only to question Mr. Sterling. The detective insisted that he had told Sergeant Peterson he meant to arrest Mr. Sterling, however, and Sergeant Peterson told the commission that he assumed that the detective was going to arrest the defendant, as well.

Mr. Godosky, Justice Blackburne's lawyer, disputed that account.

"The majority made up a fact when they said that when a court officer said to the judge that even though the detective was outside to question a defendant, everyone knows that means he was there to be arrested," he said. "I've talked to 20 lawyers and none of them seem to know that."

According to the commission's ruling, Justice Blackburne, who never spoke with the detective, found the discrepancy insulting.

"I have directed that you be escorted out of the building by Sergeant Peterson because I - and I'm putting this on the record - specifically, I resent the fact that a detective came to this court under the ruse of wanting to ask questions when, in fact he had it in his head that he wanted to arrest you," she said. "If there is a basis for him arresting you, he will have to present that in the form of a warrant."

Justice Blackburne added that she was not trying to keep Mr. Sterling from being arrested, but was "trying to keep you from being arrested today in my courtroom based on obvious misrepresentation on the part of the detective."

The judge later admitted that she had acted improperly and requested that the commission issue a disciplinary sanction no stronger than censure. But the commission disagreed, saying that her behavior was "such gross deviation from the proper role of a judge that it justifies the sanction of removal."

Justice Blackburne was sharply criticized by an array of law enforcement and police union officials, including Raymond W. Kelly, the police commissioner, who called her action "outrageous conduct by any measure."

It was the second time in recent years that Justice Blackburne drew the ire of police officials. In one 2002 case, she threw out a 13-count indictment against a man accused of shooting an officer and later refused to reinstate the charges, saying Queens prosecutors had taken too long to bring charges against the suspect. A state appellate court overruled her decision.

Officials from the Patrolmen's Benevolent Association, which along with the Detectives Endowment Association had filed a complaint against Justice Blackburne before the commission, lauded yesterday's decision.

"Laura Blackburne has demonstrated throughout her career that the only judgment she possesses is bad judgment," said Patrick J. Lynch, the P.B.A.'s president. "She aided and abetted a felon in escape that was wanted for questioning for violently robbing the citizens of the city in Queens. She knew what she was doing."

He was echoed by Commissioner Kelly, who said, "Her extraordinary conduct merited this appropriate sanction."

But Mr. Barron, the councilman from Brooklyn, said the judge was the target of a "witch hunt" by the police unions.

"I think all New Yorkers need to support Justice Blackburne," Mr. Barron said.

"She's a woman of integrity, intelligence, competence and commitment to justice."

Ronald L. Kuby, a prominent civil rights lawyer who has defended Justice Blackburne's actions in the past, said that the commission's decision was "no more than what we've come to expect from a commission more interested in public relations than in the administration of justice."

He added, "With all of the corrupt judges, the judges who engage in sexual misconduct, the judges who are non compos mentis, the judges who are alcoholics - all of whom remain on the bench and go unchallenged by the state commission on judicial conduct - to order removal of the judge who took strong affirmative action to prevent police misconduct in her courtroom is outrageous."

The incident with Mr. Sterling took place while Justice Blackburne was presiding in drug treatment court, where judges have an unusual amount of contact with the defendants who appear in front of them, and often serve as cheerleaders and social workers as well as jurists.

The last time the commission called for the removal of a Supreme Court justice was in 2002, when Justice Reynold N. Mason of the Supreme Court in Brooklyn was removed for improper financial dealings.

The commission has sometimes been criticized for focusing on part-time judges in small-town courts, and by its own account only 36 of the 149 judges it has voted to remove were in full-time posts.

But the commission has gone after higher-ranking jurists, too, including Michael H. Feinberg, the Brooklyn surrogate judge, who was removed from the bench in February for awarding millions of dollars in fees to an old friend.

Leslie Eaton and Kareem Fahim contributed reporting to this article.

Much-Criticized NY Judge Overturned by Panel

By Tom Perrotta
New York Lawyer
New York Law Journal
November 17, 2004

A Queens judge who has been repeatedly criticized by law enforcement agencies had one of her controversial rulings reversed yesterday.

The Appellate Division, Second Department, ruled that Supreme Court Justice Laura Blackburne should not have dismissed an indictment against a man accused of shooting a police officer during a drug bust.

The ruling comes several months after Justice Blackburne angered police officials in a separate incident, when she ordered a court officer to escort a suspect out a side door of her courtroom so he could avoid a detective.

The incident spurred the mayor's office and representatives of police unions to file complaints to the Commission on Judicial Conduct. Justice Blackburne was soon transferred from criminal court to civil court by the Office of Court Administration.

In the case reversed yesterday, Justice Blackburne had ruled that prosecutors in Queens had failed to bring the case to trial in six months, as mandated by Criminal Procedure Law 30.30.

A majority of the Second Department ruled in People v. Hodges, 2002-11322, that Justice Blackburne incorrectly charged prosecutors for time spent appealing a subpoena the defendant had served for city records under an Article 78 proceeding against New York City. (The Second Department ultimately quashed that subpoena.)

Since the defendant, William Hodges, could not be tried until the validity of the subpoena was determined, prosecutors should not have been charged with a delay, the majority said.

Moreover, the court said, Justice Blackburne had made other errors in calculating time charged against prosecutors, including several delays that were instigated by the defense or by Justice Blackburne herself.

Even if the prosecutors were charged with a delay for appealing the subpoena, the appeals court said in the unsigned opinion, prosecutors would still have spent less than six months preparing the case.

In a concurring opinion, Justice Sondra Miller agreed that charges against Mr. Hodges should not have been dropped. She found fault with the majority's holding that the subpoena appeal had effectively put the criminal trial on hold.

Justices Nancy E. Smith, Howard Miller and Daniel F. Luciano concurred on the majority ruling.

Assistant District Attorneys John M. Castellano and Sharon Y. Brodt handled the appeal for Mr. Brown's office.

                      Let-'Em-go Laura Is Slapped Again

By Scott Shifrel and With Michele McPhee
New York Daily News
November 17th, 2004

An embattled Queens judge was dealt another blow yesterday when an appeals court overturned her decision to free an alleged cop-shooter.

Queens Supreme Court Justice Laura Blackburne erred when she decided that William Hodges was denied his right to a speedy trial and released him Nov. 8, 2002, the appeals court ruled.

"Blind justice will not be blind anymore," said Detectives Endowment Association Vice President Vic Cipullo. "Finally, justice saw the light and saw that this guy should be tried for what he did."

"Today's decision by the Appellate Division corrects what would have otherwise been a gross miscarriage of justice," said Queens District Attorney Richard Brown, who appealed Blackburn's decision to free Hodges.

Blackburne declined to comment when contacted by the Daily News yesterday.

If convicted, Hodges, 32, faces 25 years for allegedly grabbing a rookie cop's gun during a struggle in a Jamaica hallway in 1999 and shooting the officer in the leg.

The case was delayed repeatedly and Blackburne ruled that Hodges' right to a speedy trial was compromised. The appeals decision says many of the the delays were caused by the defense and therefore should not have counted against the speedy-trial time.

After his release, Hodges was arrested for biting an officer in the leg during a scuffle at a Queens hospital. He was convicted in June and later sentenced to a year in jail.

"We are gratified by the judges' recognition of the serious miscarriage of justice," said Patrolmen's Benevolent Association President Pat Lynch. "We won't rest until this would-be cop-

killer gets all that he deserves."

Blackburne also is being investigated by the state Commission on Judicial Conduct for letting a robbery suspect walk out a back door rather than face arrest.

Because Blackburne has been temporarily assigned to civil cases pending that investigation, Hodges' case will be assigned to another judge to try. Hodges' attorney said he would appeal the decision.

Judge-sprung Man off Hook

Judge to Face Ethics Panel, Police Say

By Anthony Ramirez
New York Times
August 20, 2004

The New York State Commission on Judicial Conduct has decided to initiate charges against Laura D. Blackburne, the trial judge who, the police contend, helped a robbery suspect in her courtroom elude arrest.

The police unions that filed a formal complaint seeking to unseat the judge said they received indications of the commission's move yesterday.

The actions of the commission, which can remove or otherwise punish state judges, are ordinarily secret. It did not announce the action, akin to an indictment although it is not a criminal proceeding. Justice Blackburne's State Supreme Court term expires in 2007.

Michael J. Palladino, president of the Detectives' Endowment Association, one of the complaining unions, said in an interview yesterday he had received a formal request that one of his detectives, Leonard Devlin, be made available for a disciplinary hearing "in late October or early November." Detective Devlin had tried to arrest the suspect in Justice Blackburne's courtroom.

Patrick J. Lynch, president of the Patrolmen's Benevolent Association, the other complaining union, released a statement last night, saying the commission had taken action to determine whether Justice Blackburne violated judicial ethics.

Mr. Lynch said in his statement, "It is our hope that when the hearings are held, Blackburne will be denied the privilege of a seat on any bench in New York City." Judge Blackburne did not respond to messages left on her home answering machine.

In June, according to a court transcript, Justice Blackburne ordered a defendant to leave her courtroom under escort, contending that Detective Devlin had falsely said he planned to question the defendant, not arrest him. The police unions deny there was any misrepresentation.

"I resent the fact," the judge said at the time, "that a detective came to this court under the ruse of wanting to ask you questions when, in fact, he had it in his head that he wanted to arrest you. If there is a basis for him arresting you, he will have to present that in the form of a warrant.''

Bid to Charge Judge Laura

By Larry Celona and Brad Hamilton
New York Post
August 20, 2004

A state panel is moving forward with formal proceedings against the Queens judge who ordered a court officer to spirit an assault suspect out the back door of her courtroom to evade a detective in June, The Post has learned.

The president of the NYPD detectives union said Detective Leonard Devlin will testify before the Commission on Judicial Conduct in late October or early November.

Devlin already testified in June, shortly after the furor erupted over Queens Supreme Court Justice Laura Blackburne's actions.

A witness' reappearance before the panel generally means that the commission found enough evidence in its initial investigation to merit formal charges, sources said.

. Blackburne ignited the controversy June 10 when Devlin arrived at her third-floor courtroom to arrest Derek Sterling, 24, on a robbery charge.

The judge — calling the detective's presence there a "ruse" — ordered a court officer to take Sterling out the back door.

State Takes Action vs. Side-Door Judge

By Scott Shifrel
and Michele Mcphee
New York Daily News
August 20, 2004

A Queens judge has been slapped with formal disciplinary charges for sneaking a robbery suspect out of her courtroom so he could elude arrest, sources told the Daily News.

State Supreme Court Justice Laura Blackburne has been notified of the charges by the state Commission on Judicial Conduct, according to several sources familiar with the case.

Blackburne is required to respond to the charges and then appear for a formal hearing before the commission, possibly as early as fall.

The commission can sanction, admonish or remove Blackburne from the bench if she is found guilty after the formal hearing. The panel also could vote to dismiss the complaint or caution the judge privately about the matter.

The judge ignited a furor on June 10 when she ordered a court officer to escort the suspect, Derek Sterling, out a side door of Queens Supreme Court so he could avoid police.

Sterling was in court for a review of his status in a court-ordered drug rehabilitation program. But authorities said Blackburne had been alerted that NYPD Detective Leonard Devlin was waiting outside her courtroom to arrest Sterling for his alleged role in the brutal robbery and assault.

Police Commissioner Raymond Kelly, as well as the heads of police and court officer unions, blasted Blackburne for aiding the escape. Sources said the judicial conduct commission immediately launched an investigation.

Yesterday, commission officials declined comment on the case, citing state confidentiality laws. But several sources familiar with the case told The News that charges had been filed. It was unclear which specific violations had been cited.

Blackburne was out of the country on vacation and could not be reached yesterday. Her attorney, Richard Godosky of Manhattan, declined comment.

Union officials reacted positively to the news.

"I am gratified to learn that the commission has concluded the judge's conduct was inappropriate enough to warrant charges," said Detectives Endowment Association President Michael Palladino. "She has the right to a hearing, and they are going to call witnesses."

Palladino said Devlin is "one of the many witnesses who will be called."

The clash with cops was not the first time Blackburne had incurred the wrath of the NYPD.

In 2002, the judge occasioned a furor when she dismissed attempted murder charges against a man accused of shooting a police officer in 1999. She claimed prosecutors had failed to meet the six-month deadline for bringing the man to trial.

Yesterday, Patrolmen's Benevolent Association President Patrick Lynch said his members will not be satisfied until Blackburne is permanently removed from the bench.

"In charging Judge Blackburne with violating judicial ethics, the Commission on Judicial Conduct has reinforced police officers' trust in the system," Lynch said.

Raising eyebrows

Feb. 22, 1992

Laura Blackburne resigns from her post as Housing Authority chairwoman under then-Mayor David Dinkins after criticism that she spent $341,000 to decorate her executive offices, including $3,000 for a pink leather couch.

November 1998

Appointed as a Queens judge, Blackburne rules that although defendant Alvina Toombs bit Officer Wayne Brooks on the thumb, the action was "more than justified" because of Brooks’’ "brutality." Blackburne finds Toombs not guilty.

December 2002

Blackburne dismisses an assault charge against William Hodges, who was accused of shooting Detective David Gonzalez during a 1999 drug bust in Jamaica, Queens. Blackburne said Hodges had been denied his right to a speedy trial. Prosecutors say some delays were caused by the defense and that the judge was "mathematically incorrect" in calculating the speedy-trial violation.

June 10, 2004

Blackburne orders a court officer to take suspect Derek Sterling, who was in court to give a progress report on his drug rehabilitation, out a side door to avoid arrest in a robbery case.

June 14, 2004

Blackburne is reassigned from Queens Criminal Court to Civil Court.

State Commission on Judicial Conduct issues formal charges against Blackburne.

State Will Investigate Qns. Judge

By Alex Ginsberg
New York Post
June 18, 2004
 

A state commission launched an investigation into Supreme Court Justice Laura Blackburne yesterday, only hours after supporters spoke out for the embattled jurist at twin news conferences.

"They are moving forward with an investigation," said detectives union President Michael Palladino, who confirmed that one of his members had been called to testify.

Sources also said several court officers were set to receive subpoenas.

Blackburne provoked a barrage of criticism last week BLACKBURNE
Let suspect leave court              when she ordered a court officer to spirit a robbery suspect out of her courtroom to avoid arrest by a detective.

But defenders slammed police unions at a news conference on the steps of City Hall and a separate rally in front of her Queens courthouse.

"She should not be tried by the mayor," said City Councilman Charles Barron (D-Brooklyn). "She should not be [tried] in the media. She should not be tried by the PBA. She is a hero to us and we applaud her courage." Additional reporting by Larry Celona & Frankie Edozien

Biter Beats Rap

By Eric Lenkowitz
New York Post
June 17, 2004

A man who savagely bit a police officer in the leg walked free yesterday —— and tipped his hat to Judge Laura Blackburne.

The embattled jurist had previously cleared William Hodges on a technicality in the attempted murder of another cop in 2002.

"I think [the jury in the cop-biting case] did the same thing the judge did, which was their job —— they spared me," Hodges said after jurors convicted him of misdemeanor assault yesterday, but cleared him of felony assault, for sinking his teeth into cop's leg in

Willam Hodges Photo by:Luis Ribeiro   July 2003.

Hodges, who remains free on bail, faces up to a year in jail for third-degree assault when Supreme Court Justice Arthur Cooperman sentences him July 30 —— but he also could get as little as probation.

The latest verdict angered the police union, which has been calling for Blackburne to step down from the bench.

"Had Judge Blackburne not released this dangerous felon onto the streets two years ago, we would have been spared the burden of arresting him for . . . assaulting a police officer because he would have been in jail," said Patrick Lynch, president of the Patrolmen's Benevolent Association.

Hodges' assault case stems from a July 26 scuffle with a cop outside Jamaica Hospital, where his son was being treated after a car accident. The cop called for backup and Hodges was arrested after biting a police officer in the leg.

Hodges' weeklong trial was half-over last Thursday when Blackburne made headlines for ordering a court officer to escort an assault suspect through a back door of her courtroom to avoid arrest.

Hodges was at the center of Blackburne's last fiasco, when she set him free on attempted-murder charges in December 2002 because she believed he did not receive a speedy trial.

District Attorney Richard Brown is appealing Blackburne's ruling.

Hodges had been arrested for shooting rookie cop David Gonzalez in the leg with the cop's gun during a drug bust in Jamaica.

It was later revealed Hodges' mother and Blackburne attended the same NAACP chapter, although they denied knowing each other.

When asked his opinion on Blackburne's current situation, Hodges said, "I have no comments on that."

But Hodges and his lawyer, Warren Silverman, said the jury in the assault case must have been swayed to some extent by the extensive media coverage.

Silverman said that on Monday the jury forewoman mentioned that three of the jurors reported seeing or hearing accounts of Blackburne's escapades.

When asked by the judge, only one juror mentioned hearing a radio report.

"How could you avoid it?" Silverman said.
 

Rally for Let-'Em-loose Laura as Panel Meets

by Larry Celona and
Dareh Gregorian
New York Post
June 17, 2004

Supporters of the embattled Queens judge who's under fire for helping an ex-con evade arrest will rally on her behalf today.

The rally for state Supreme Court Justice Laura Blackburne is scheduled for 10:30 a.m. —— about the same time the state Commission on Judicial Conduct is expected to meet and decide whether to probe her for ordering a suspect in a vicious robbery to be escorted from her courtroom while a detective was waiting to arrest him.

All indications are the commission, the state agency that disciplines judges, will take the case. It has already contacted several people who were in the courtroom at the time of bizarre incident and asked them to be prepared to testify, some as soon as tomorrow, sources said.

Among those who have been put on notice are Sgt. Richard Peterson, the court officer whom, despite his objections, Blackburne ordered to escort the suspect out, and Detective Leonard Devlin, who was waiting to arrest him, sources said.

It could be quite a while before their probe yields any results. The commission —— which has only 10 lawyers to review and investigate the average 1,500 complaints made annually against the state's 3,300 judges —— typically takes up to a year to conduct an investigation.

If Blackburne, who was reassigned from Criminal Court to civil court, is found to have committed misconduct, the commission has four penalties it can impose: a private caution, a public admonition, a public censure, or removal from the bench.

Courthouse sources said Blackburne was involved with planning the rally outside Queens Supreme Court in Kew Gardens —— a claim that was strenuously denied by its organizers, the New York State Conference of NAACP Branches.

Blackburne caused another uproar earlier this week by allegedly causing a security breach in the courthouse by escorting her personal security guard in through the special judges' entrance.

The court-officers union said she put an end to that practice yesterday.

Court Sgt. Balked at Judge's Order By Michele Mcphee, Scott Shifrel and Greg B. Smith Daily News Staff Writers June 16, 2004

Justice Laura Blackburne arrives at Queens court yesterday. A court officer says he questioned Queens Supreme Court Justice Laura Blackburne's order to help a robbery suspect avoid a courthouse arrest - wondering if her directive was legal. "If you won't take him out of the back, I will," the judge allegedly shot back. The exchange emerged in a statement from Sgt. Richard Peterson, the court officer forced to escort suspect Derek Sterling through a judges-only door last week. His statement, obtained by the Daily News, will be sent to the state Commission on Judicial Conduct, which is expected to open a probe tomorrow. With outrage growing over her controversial action, Blackburne was reassigned from Criminal Court to Civil Court on Monday. In the newly revealed statement, the court officer said he was perplexed "and felt uneasy" about Blackburne's order that he help the suspect evade arrest. He said he asked if her order could be considered an obstruction of justice. "Judge Blackburne interrupted me, saying, 'I am directing you to,' he said. 'She pushed her chair back and started to stand, stating, 'If you won't take him out of the back, I will.'" The probe will focus on Blackburne's rationale for allowing Sterling to escape arrest. Peterson said that after the judge gave him the order to escort Sterling out a back door, he told a prosecutor what had happened. That prosecutor, Assistant District Attorney Sharon Scott-Brooking, then approached the bench, he said. The judge contends that Detective Leonard Devlin - who came to the courthouse - "obviously misled" her by claiming he was there merely to question the suspect. But Devlin has said he was "crystal-clear" about his intention to arrest Sterling, who was suspected in an armed robbery. Devlin said he did not speak directly with the judge, conveying his intention through Peterson and Scott-Brooking. Peterson's account is slightly different. He said the detective told him "that Derek Sterling was to be questioned in connection with a robbery." He said he advised court personnel "of the presence of the detective and his intentions." The defense attorney Blackburne assigned to Sterling, Warren Silverman, said the detective did tell him he wanted to question Sterling - but would arrest him if he was not willing to answer questions. Silverman said he then relayed that to Blackburne. "She said, 'Arrest him for what?' I said, 'I don't know.' She said, 'You gotta have a reason for arresting someone,'" Silverman said. Blackburne then ordered Sterling out the back door, claiming the detective "came to this building under the ruse of wanting to ask questions when, in fact, he had it in his head that he wanted to arrest you." Scott-Brooking did not return a call seeking comment. Queens District Attorney Richard Brown, who has criticized the judge's actions, declined to comment.

Court Police Will Bust Interfering Jurists

By Murray Weiss
New York Post
June 16, 2004

The state's court officers will start grabbing defendants wanted by cops —— and arresting any judge who tries to get in their way, The Post has learned.

The presidents of the state's two court officer unions today will post new "operational procedures" to prevent a repeat of the conduct of Queens judge Laura Blackburne, who helped a suspect escape her courtroom.

The directive covers 3,000 members working in 50 court facilities in New York City and in Westchester County. It says that "any individual attempting to interfere with the above procedures shall be arrested immediately."

A top court-system insider said there was never before a need for such a directive because a judge never before helped a suspect elude arrest.

5 Women on Panel Weighing Her Fate

By Marsha Kranes
New York Post
June 16, 2004

The 11-member judicial panel that meets tomorrow to decide whether to investigate Queens Supreme Court Justice Laura Blackburne includes five women —— three of them judges.

High-profile New York City lawyers Raoul Felder and Richard Emery will also serve on the Commission on Judicial Conduct.

Blackburne allowed a robbery suspect to leave through her back door to avoid cops waiting to arrest him, an incident that is one of more than 100 new complaints the commission will address. If the panel votes to investigate, witnesses to the Blackburne incident will be interviewed and she will be required to testify.

The next step would be another vote —— this time on whether she should be charged with misconduct.

New Laura Furor

By Larry Celona and Eric Lenkowitz
New York Post
June 16, 2004

In a blatant breach of courthouse security, embattled Queens Judge Laura Blackburne yesterday escorted a personal security guard through a back entrance reserved for jurists — allowing him to bypass the security screeners, the court officers union is charging.

The burly man — retired housing cop Rene Bryant — was led up by Blackburne to her third-floor courtroom via a private back elevator, and he sat quietly in the audience during the morning session of her civil case, said Dennis Quirk, president of the New York State Court Officers Association.
HEAVY DUTY:
Judge Laura Blackburne gets a big escort       "Judge Blackburne is breaching security,"
 from two court officers and private body-        Quirk said. "She is putting everyone in the
guard Rene Bryant in Queens court yester-       courthouse in harm's way." It was unlcear
day The court officers union ripped her use       if Bryant, who said he is deputy chief of
of outside security, just days after she let a      security on Roosevelt Island, was armed.
suspect slip out to evade cops.                         But Quirk likened the move to last year's
Ellis Kaplan                                                        fatal shooting of City Councilman James
Davis inside City Hall.  The shooter in that case was allowed to bypass metal detectors.

Quirk said Bryant told court officers he was there to provide protection for Blackburne.

"She is being protected by the court officers," Quirk said of Blackburne. "She doesn't need outside security."

One court officer told The Post the man was not armed and that he was searched before he made it to the judge's chambers.

David Bookstaver, a spokesman for the Office of Court Administration, said he couldn't confirm Quirk's story, but said, "If that happened, it is not in accordance with court policy.

"If you're a police officer not on official business — you have to go through the magnetometers," he said.

A call to Blackburne's chambers was not returned.

Blackburne was reassigned from Criminal Court to civil cases Monday, but continues to use the same courtroom.

She is currently presiding over a dispute between two contracting companies over an alleged overpayment on a Board of Education construction job.

The 66-year-old jurist is awaiting word from the Commission on Judicial Conduct to see if it will launch an investigation into her actions last Thursday, when she ordered a court officer to take a convicted drug dealer out a back entrance to avoid being arrested on an assault and robbery case.

According to the court transcript, she believed the detective was using deceptive tactics and said if there was going to be an arrest, the cop has to produce a warrant. The commission that will determine her fate is set to meet tomorrow, although court sources said the panel moves at "glacial speed" and a final determination will not be anytime soon.

Blackburne has been the subject of ire from the law-enforcement community since she freed suspected cop shooter William Hodges in December 2002 because he had not received a speedy trial. Hodges is currently on trial for allegedly biting another police officer last summer outside Jamaica Hospital.

A jury will enter its third day of deliberations today. Jurors told Supreme Court Justice Arthur Cooperman they had reached a verdict on some of the counts, and he sent them back to deliberate the rest.
 

Judge Taken Down a Notch Early-Morning Phone Call Tells Maverick Blackburne She's Off Criminal Cases

By Scott Shifrel, Michele Mcphee and Greg B. Smith New York Daily News June 15, 2004

Justice Laura Blackburne Then-chief of Housing Authority Laura Blackburne poses in newly decorated office... …but when News reported job cost big bucks, she resigned.   Embattled Queens Supreme Court Justice Laura Blackburne was removed from criminal cases yesterday and reassigned to Civil Court - as the storm around her gathered force. For Blackburne, the wheels of justice began to fall off just before court opened. In a dramatic morning phone call, Chief Administrative Judge Jonathan Lippman advised her to step aside while a state probe of her actions unfolds. Blackburne, who agreed to the reassignment, is under scrutiny because she let a drug suspect use a judges-only elevator to evade a courthouse arrest last week. She spent yesterday dodging reporters at the courthouse and keeping her mouth shut about the latest furor she had ignited. But the forces against the controversial judge continue to mount:   The state Commission on Judicial Conduct is expected to open a formal probe into her conduct Thursday.   The commission received complaints yesterday from unions representing police officers and detectives - with the detectives' group saying the judge "should be behind bars."   Deputy Mayor Carol Robles-Roman sent a letter to the commission ripping Blackburne for "obstructing justice and endangering the lives of New Yorkers."   Gov. Pataki called Blackburne's actions disturbing, although he said he has no current plans to appoint a special prosecutor to investigate Blackburne. Blackburne's actions yesterday did little to mollify her critics. When she showed up for work, she had a two-person escort: NYPD Lieutenant Eric Adams, head of 100 Black Men in Law Enforcement, and another group member who did not identify himself. That infuriated Supreme Court Officers Association President James Carr, who said his membership "perceived that she is bringing in these guys for personal security." "None of these court officers are now comfortable working with Judge Blackburne," Carr added. The temporary reassignment was designed to keep Blackburne from hearing cases involving police testimony, though in Civil Court she could still end up with complaints against police officers. "Given the attention that the incident last week continues to receive, she understood it would be best that the judge not be the focus and that the litigants be the focus," court spokesman David Bookstaver said. "It was the appropriate thing to do." Blackburne immediately took up her new assignment, presiding over a money dispute between contractors. Her $136,000 salary remained unchanged. Patrolmen's Benevolent Association President Pat Lynch said the reassignment was not enough: "We don't want her sitting in judgment on any case, civil or criminal. Police officers have civil cases, too, and she is clearly anti-law enforcement." Mike Palladino of the Detectives' Endowment Association, went further: "This is a judge that should be behind bars." Sources said court officials were limited in what actions they could take in regard to Blackburne, who was elected to office. At day's end, she sneaked out of court, with a friend driving her car past reporters as she shielded her face with her hands. With Austin Fenner and Joe Mahoney

Judge Bumped down

by Eric Lenkowitz
New York Post
June 15, 2004

Queens Supreme Court Justice Laura Blackburne was stripped of her Criminal Court responsibilities yesterday and reassigned to civil cases as she awaits a potential probe into allegations she helped a suspect in a vicious robbery evade arrest.

Blackburne, 66, using the same courtroom where she previously heard criminal cases, got her first civil matter at 3 p.m. She appeared at ease as she shared a few lighthearted moments with lawyers before bringing in the jury.

Her demeanor may change on Thursday, when BLACKBURNE
Demoted to Civil Court                       the Commission on Judicial Conduct meets
to decide whether an investigation is warranted into her actions last week. Court sources said an investigation appears likely.

According to a court transcript and law-enforcement sources, Blackburne allowed convicted drug peddler Derek Sterling to circumvent a detective waiting to arrest him for an assault by ordering a court officer to take him out the judges' exit.

Blackburne's shift to civil cases is "pending the outcome of any possible investigation," said David Bookstaver, spokesman for the Office of Court Administration. He added that she "voluntarily accepted reassignment to the Supreme Court civil division, effective immediately."

Blackburne's actions enraged the police unions and Mayor Bloomberg. They also drew fire from Gov. Pataki, who called the allegations disturbing, but said he is not looking to appoint a special prosecutor "at this point." The Bloomberg administration reinforced calls for a full investigation.

"This administration urges the commission to consider the gravity of Judge Blackburne's alleged conduct and to act expeditiously," Deputy Mayor Carol Robles-Roman wrote to Robert Tembeckjian, administrator of the Commission on Judicial Conduct.

"We cannot have a member of the bench obstructing justice and endangering the lives of New Yorkers."

There was at least one show of support for Blackburne yesterday, from the police group 100 Blacks in Law Enforcement Who Care. Co-founder Eric Adams, who visited the judge in the morning, said, "She was as strong as I've always known her to be."

Additional reporting by David Seifman and Kenneth Lovett

Bloomberg Rips Jurist's Judgment     By Lisa L. Colangelo New York Daily News June 14, 2004   Blackburne Mayor Bloomberg lashed out yesterday at the Queens judge who helped a robbery suspect dodge an NYPD detective waiting to arrest him. "Judge [Laura] Blackburne seems to have stopped being the neutral court officer that she was elected to be and seems to think that she is a police officer," Bloomberg said. "I thought what she did was an outrage and she should be ashamed, but that's for the courts ... to decide." Blackburne has a long history of infuriating the NYPD. Her latest clash with cops came Thursday, as she was conducting a hearing on drug charges against Derek Sterling in Queens Supreme Court. Told police were waiting to arrest Sterling in connection with a brutal mugging, she had court officers spirit Sterling out a side door. Although Sterling was picked up later, Blackburne's actions drew harsh rebukes, first from Police Commissioner Raymond Kelly, then from Bloomberg yesterday. "Here was a guy who the police had come to arrest for acrime," Bloomberg said. "She deliberately tried to keep that person from getting arrested and to get that person back out on the streets where they can commit more crimes. I don't know why anybody that understands anything about the judicial process thinks that conduct is appropriate." In 2002, Blackburne enraged cops when she dismissed attempted murder charges against William Hodges, who had been accused of shooting a cop. Blackburne, who belonged to the same NAACP chapter as Hodges' mother, ruled that he had been denied his right to a speedy trial. Hodges was subsequently charged with biting a police officer last year outside the emergency room at Jamaica Hospital. In November 1998, Blackburne ruled that Alvina Toombs was justified in biting Police Officer Wayne Brooks on the thumb because of alleged brutality by the cop. In 1992, Blackburne resigned as Housing Authority chairwoman. She had come under fire for spending more than $300,000 to furnish her executive office. The most infamous purchase was a $3,000 pink leather couch.                       Mayor Rips Judge in Suspect's Escape by Stephanie Gaskell New York Post June 14, 2004 Mayor Bloomberg blasted the judge who helped a convicted drug dealer duck arrest for an unrelated "violent" robbery. "I thought what she did was an outrage and she should be ashamed," Bloomberg said yesterday. "I will say that I think it would appear to me from what I read that Judge Blackburne seems to have stopped being the neutral court officer that she was elected to be and seems to think that she's a police officer." Blackburne —— who outraged cops in 2002 by freeing an accused cop-shooter on a technicality —— was presiding over a case involving cocaine dealer Derrick Sterling, The Post reported last week. When she learned Detective Leonard Devlin was there to arrest Sterling in a May 23 attack, she ordered a court officer to spirit the defendant out of the building through the judges' exit to avoid the detective, according to a court transcript. Blackburne said she was upset that the detective came to the courtroom "under the ruse of wanting to ask questions, when in fact he had it in his head that he wanted to arrest you," according to the transcript. But Bloomberg said that's no excuse to let a suspected criminal free. "She deliberately tried to keep that person from getting arrested and to get that person back out on the streets where they can commit more crimes." Judge Was Once in Cops' Corner New York Daily News Sunday, June 13th, 2004 More startling than even a pink leather couch is the transformation of a woman who once stood before a police recruiting poster and declared war on drug dealers. Laura Blackburne is now a Queens Supreme Court justice reviled by the police unions for cutting loose an accused cop-shooter on a legal technicality and more recently helping an alleged robber elude a detective who intended to arrest him outside her courtroom. "Judge Blackburne's actions were shocking, but not surprising, given her long history of anti- police behavior," Michael Palladino, president of the Detectives Endowment Association, said on Friday. "She's incapable of making a decision that is not biased against the police." Which makes you wonder how this could possibly be the same Laura Blackburne who joined cops in a dawn drug raid on the Red Hook Houses in Brooklyn when she was the Housing Authority chairwoman 13 years ago. Six people were arrested for selling crack cocaine in that Feb. 13, 1991, raid. Blackburne subsequently told the press that the dealers had put out a "contract" on her life. "The contract is a direct result of the raid in Red Hook," Blackburne said. "The drug cartel penetrated by those arrested has a wide network of tentacles that stretch even into the area where I live." Blackburne posed for a Daily News photographer with her hands on her hips, the very picture of defiance. "Drug dealers wanna fight?" she demanded. "They want to take a stand in my buildings? Then they are going to have to fight. Two-legged roaches do not belong in public buildings." She sounded like she was toting a gun and badge, and indeed, a housing police recruiting poster stood behind one of her cocked elbows. "WALK TALL. STAND PROUD," the top of the poster read. The housing police considered the "contract" real enough to assign Blackburne 24-hour protection. Her house was placed under what was termed "special watch." "We are taking the threat seriously. Blackburne is a high-profile person trying to suppress drugs," said Vincent Pizzo, the housing police chief of detectives. The detectives assigned to guard Blackburne were probably happy enough to do so, for she had proven to be particularly supportive of the housing police. She seemed to be one chairwoman who understood that housing cops were at least as skilled and worthy of respect as their brothers in the NYPD. She had made a specific pledge to rehab a command post where there had been repeated sewage backups. "Believe me, when I say that I will not stand by when officers of our police force are made to suffer this kind of indignity," she declared in a letter to the housing police union. Some cynics grumbled that the raid in Red Hook had just been grandstanding aimed at furthering Blackburne's political fortunes. She had made her ambitions known in 1986, when a reporter asked where she wanted to be in 10 years. "Down at City Hall. Running the city," Blackburne answered. "It may take 10 years, it may take less or more." Three months after the 1991 drug raid, Blackburne authorized another sort of raid, on the Tenants Advisory Council. This is an advocacy group that necessarily butts heads with whoever is head of the Housing Authority, but Blackburne may have taken it more personally than some. On the night of May 15, housing cops dispatched by Blackburne entered the council's locked office and seized files "for safekeeping." A source said the Housing Authority was investigating whether board members had been billing the council for personal expenses. Nine months later, in keeping with the immortal truth that what goes around comes around, Blackburne herself came under investigation for squandering hundreds of thousands of authority dollars on junkets and renovating her office. Blackburne had never gotten around to rehabbing the sewage-sodden housing police command post, but she had spent $121,000 on a personal office worthy of a future mayor. This included $3,070 for a pink leather couch and another $5,500 for matching venetian blinds. That ended any chance Blackburne had of ever becoming mayor, but she did manage to bound from the couch to the bench, where cops now see her as the two-legged roaches' best friend. Maybe just the sight of a cop reminds her that she might have been down at City Hall running things if only she had fixed that sewage leak instead. Correction The state Commission on Judicial Conduct has disputed a report in yesterday's Daily News that it is investigating Queens Supreme Court Justice Laura Blackburne for letting a suspect out a side door when a detective came to arrest him. The commission hasn't taken the matter up because it has not met since the incident occurred, according to the commission administrator, Robert Tembeckjian. No decision has been made on whether to investigate.

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