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Joseph D. Nohavicka

The blowback received by former Appellate Division Justice David Saxe, in the wake of his article entitled “Chief Judge’s Inquiry Into Dissents Intrudes On Judicial Independence” (NYLJ 1/24/19, P. 7, Col. 1)), is shocking. See Chief Administrative Judge: Reviewing Appellate Record Is Appropriate (NYLJ 1/28/19, P. 6, Col. 4); and, today, “A Rebuttal to David Saxe’s Article on the Chief Judge’s Inquiry Into Dissents.”  Sincerely, I am embarrassed to even write this letter as I am embarrassed by the tenor and implications of the comments aimed at Judge Saxe by Chief Administrative Judge Marks; and, by the remarks made by Justice Tom in today’s NYLJ where he lavishes praise on our chief judge for the excellent job done so far, to serve, I suppose, as an honorable counterbalance to the public attack on our former justice. Moreover, the rebuttals reflect poorly on our system of justice. The public has been put into a position to ask about the high-level judges involved in this debate: “Who is lying?” Judge Saxe retired in 2017 after serving 19 years as an associate justice of the Appellate Division, First Department, and is now in private practice. Judge Saxe contributed so much to our profession over the years. His recent detractors in the judiciary know that to be true just as the bar knows it. To be treated this way by his peers and to have a brilliant judicial career capstoned with ignominy in this manner is disgraceful and saddening.

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