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Tuesday, July 20, 2021

“I don’t think you can make a lawyer honest by an act of the legislature. You’ve got to work on his conscience. And his lack of conscience is what makes him a lawyer.” Will Rogers Rudolph Giuliani’s two attorneys have recently called his suspension from the practice of law “unprecedented.” They then said, “We believe that our client does not pose a present danger to the public interest. We believe that once the issues are fully explored at a hearing Mr. Giuliani will be reinstated as a valued member of the legal profession that he has served so well in his many capacities for so many years.” It is ironic that one of Giuliani’s attorneys is Barry Kamins, who was once one of five Executive Officers of New York’s court system. In the weeks prior to that ascension, Judge Kamins was the Administrative Judge for Criminal Matters in Kings County. It was reported that in a series of e-mail exchanges, Justice Kamins advised his friend, Kings County District Attorney Charles Hynes on Hynes’ reelection campaign. In telling Mr. Hynes how to attack his opponent in a debate, Justice Kamins wrote that he should “focus on the nitty-gritty of what the D.A. does each day to run the office — of course Thompson has no clue and that will come out.” Justice Kamins offered to speak to people at the New York Times and New York Law Journal editorial boards about Hynes’ endorsement, and sent, among three hundred e-mails, this ditty: “Btw, I tried to pump the Brooklyn Bar Pres for info about the debate.” Many of Judge Kamins’ e-mails were ex parte communications about the reelection of the Kings County District Attorney as well as cases before the District Attorney. It was all spelled out in a 27-page City of New York Department of Investigation Report called “Regarding Misconduct by Former Kings County District Attorney Charles J. Hynes, Justice Barry Kamins and Others.” New York’s rules for judges provide that a sitting judge “shall refrain from inappropriate political activity” as well as ex parte communications with one counsel in contested matters. Prohibited political activity includes “engaging in any political campaign for any office.” Engaging in political activity often justifies removal from office in New York. Judge Kamins was stripped of his administrative appointment and an investigation was ordered. A formal complaint was filed by the Administrator of New York’s Commission on Judicial Conduct. On September 9, 2014, the Administrator of the Commission on Judicial Conduct and Judge Kamins signed an agreement that Judge Kamins would retire as a judge. Judge Kamins agreed never to seek judicial office in the future. So, isn’t Attorney Kamins the perfect person to publicly comment on who is a valued member of New York’s legal community?

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