- It seems Frog Farmer's policy of scrutinizing oaths of public
officials is spreading! Look at this.
Subject: judge oath problem in NYS
NYS Oaths Project To Survey State's Judiciary
Posted on Saturday, 29 of September , 2007 at 10:23 pm
When The North Country Gazette and the NYS Oaths Project conducted a
statewide survey of judges during 2003 and 2004, it was learned that
over 90% of individuals claiming judicial office had never taken and
filed their oaths of office and bonds as required by law.
Town and village justices across the state were illegally performing
judicial duties without having legal title to the office but when it
was brought to their attention, they poo-pooed the challenge, became
defensive and said, so what.
The Association of Towns sent out a directive that confirmed that the
Oaths Project was correct, that oaths and bonds of public officers,
including town justices, have to be filed within 30 days of the
commencement of their term-either elected or appointed-or else by
matter of law they have vacated the office, in effect refusing to
serve and they have no authority to perform the duties of the office
or collect compensation.
The NYS Unified Court System also quietly concurred, sending out a
memorandum to town and village justices across the state, informing
them that pursuant to the Uniform Justice Court Act they had to file
their oaths and bonds in three places-with the town or village clerk,
with the county clerk and with the Office of Court Administration.
If they failed to do so and there was no oath filed, they had no
office and could not legally be compensated.
Despite the existing case law, many claimed "just a technicality" but
the State Legislature said not, it was not. Judges across the state
and perhaps across the nation were scared that it could open
Pandora's Box in reopening cases if the judges involved were not
legally in office. De facto! They cried but that doesn't hold true
in many cases as one first must legally hold the title to the office
in order to claim de facto status.
>More than three years since the NYS Oaths Project completed its
survey, it appears that many justices and judges in the state are
still not legally in office, they are thumbing their nose at the law
and continue to sit in judgment of citizens they claim have violated
the law, exercising a double standard that you have to comply to the
letter of the law but public officials do not, especially if they're
claiming to be judges.
June Maxam, publisher of The North Country Gazette and coordinator of
the NYS Oaths Project discovered first hand that there is still a
blatant disregard for the law among public officers, particularly in
Warren County where law enforcement officers who made false arrests
of her had failed to file their oaths, the Warren County Sheriff
hadn't failed either his oath or undertaking, the town justices
weren't legally in office and the special prosecutors appointed to
prosecute her for the false arrests hadn't filed their certificates
of appointments, their oaths or bonds but performed the duties of the
office anyway and collected thousands of tax dollars illegally.
Most recently, the Glens Falls City Court tried to resurrect a three
year old traffic ticket against Maxam which had never been prosecuted
and motion for dismissal and challenging jurisdiction had been
pending since February, 2006. The court claimed that Marc Zuckerman
of Bolton Landing had been appointed special prosecutor to handle the
However, no certificate of appointment had been filed by Zuckerman in
the Warren County Clerk's office as required nor had Zuckerman ever
filed his oath of office. As a matter of law, even if there had been
such an appointment, without having filed his oath within 30 days of
the appointment, he vacated the office ipso facto, no other
proceeding was necessary.
Following the submission of a second motion, challenging speedy trial
rights and denial of due process, the ticket was finally dismissed,
35 months after it was issued.
Despite the new legislation and memos issued by the state court
system and others, it appears that public officers and in particular
town justices are still in gross non-compliance of the law which
could and should lead to challenges to decisions made by black robed
The North Country Gazette and the NYS Oaths Project will undertake a
new project beginning Oct. 10, surveying the 62 counties of the state
to determine how many of the state's judiciary are currently
performing the duties of the office unlawfully, illegally plucking a
paycheck and benefits from the taxpayers of New York totally without
lawful authority with absolutely no jurisdiction to sit in judgment
of individuals charged in violating the law, having no authority to
send people to jail and make decisions that forever impacts the lives
This survey will entail significant postage costs as well as copying
costs under the Freedom of Information Law. In an attempt to help
defray expenses, the Oaths Project will accept donations and will
publish a weekly newsletter detailing the survey progress.