When you believe in Advocacy & Justice….

It has been four years now that I have been fighting #Fordham University who stripped me of my dreams of becoming a social worker, because I was on my own time, living off campus and asking for help because I have #depression. I was told that going up against an institution like Fordham was going to be taxing emotionally, financially and to expect the corruption. I was a little naive on the part of the politics/ corruption between Fordham and the 2nd Circuit Court of Appeals.

Below is a letter I started, but am far from finshed to the 2nd Circuit Court of Appeals Clerk. Mental Health Advocacy is not easy, but I NEVER give up on something I know I am right on and where my dreams were stripped from me because I asked for help.

 

 

 

 

 

 

Clerk of Court

Catherine O’Hagan Wolfe

2nd Circuit Court of Appeals

Third Marshal, U.S. Court House

40 Foley Square

New York, N.Y. 10007

212-857-8500

 

RE: 8/7/17- 16-2078 Mandate

 

 

August 8, 2017

 

Dear Ms. Catherine Wolfe,

I am writing in reference to the correspondence in PACER where you issued a MANDATE that my case be closed as of 8/7/17. My case was CLOSED on 6/15/17 by this court please refer to paperwork along with this correspondence.

 

In the electronic correspondence from PACER you state the following : Docket Text:

MANDATE of USCA (Certified Copy) as to [53] Notice of Appeal, filed by Emily Pierce. USCA Case Number 16-2078-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O’Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/07/2017. (nd)

 

I was surprised to see an appeal was placed in this case. My attorney Andrea Risoli when this case was closed on 6/15/2017 was relased of her duties. I have an email stating so. If Mrs. Risoli had received or placed an appeal on my behalf in this case then this court is essentially stating she has committed the crime of fraud, but those are the FACTS. Mrs. Risoli nor myself ever filed an appeal in this case. If that were to be the fact in this matter you would have had to enter it into PACER which, I presume you had no idea the public can have paid access to.

 

Just so were clear I understand and know what your job is and have also researched you to ensure due diligence ( C-Span 2007) Here is a description of a part of your job:

 

Local Rule 11.1 Duties Regarding the Record

  1. (a)  Record Retained by District Clerk. In all counseled appeals other than those described in (b), the district clerk retains the record on appeal, subject to FRAP 11(e), and forwards to the circuit clerk, within 14 days after the filing of the notice of appeal, a certified copy of the index of docket entries instead of the entire record. The appellant must do whatever is necessary to enable the district clerk to comply with this rule.
  2. (b)  Appeal on Original Record. An appellant authorized to appeal on the original record without an appendix in accordance with LR 30.1(e) must do whatever is necessary to enable the district clerk to send to the circuit clerk all relevant parts of the record, including transcripts and, if any, the certified administrative record.
  3. Reference: http://www.ca2.uscourts.gov/docs/LocalRules92710cleanversion.pdf

Let me begin by addressing what I believe you were trying to do. I wrote complaints in June of 2017 about Judge Donelly, Judge Winter and Judge Droney. My complaint was thorough enough to raise ethical violations and reverse their decision as it states on your website up to 50% of cases in the 2nd circuit court of appeals are overturned due to the judges not ruling on the merits of the appeals. That was the case and much worse as the hearing and I have the transcript was tapped over on the day of my oral hearing. A judicial complaint is not an appeal , in no way shape or form.

 7000.1. Definitions

For the purpose of this Part, the following terms have the meanings indicated below:

(a) Administrator means the person appointed by the commission as administrator.

(b) Administrator’s complaint means a complaint signed by the administrator at the direction of the commission, which is filed as part of the commission’s records.

(c) Answer means a verified response, in writing, to a formal written complaint.

(d) Complaint means a written communication to the commission signed by the complainant, making allegations against a judge as to his qualifications, conduct, fitness to perform, or the performance of his official duties, or an administrator’s complaint.

(e) Commission means the State Commission on Judicial Conduct.

(f) Dismissal means a decision at any stage not to proceed further.

(g) Formal written complaint means a writing, signed and verified by the administrator of the commission, containing allegations of judicial misconduct against a judge for determination at a hearing.

(h) Hearing means an adversary proceeding at which testimony of witnesses may be taken and evidentiary data and material relevant to the formal written complaint may be received, and at which the respondent judge is entitled to call and cross-examine witnesses and present evidentiary data and material relevant to the formal written complaint.

(i) Initial review and inquiry means the preliminary analysis and clarification of the matters set forth in a complaint, and the preliminary fact-finding activities of commission staff intended to aid the commission in determining whether or not to authorize an investigation with respect to such complaint.

(j) Investigation, which may be undertaken only at the direction of the commission, means the activities of the commission or its staff intended to ascertain facts relating to the accuracy, truthfulness or reliability of the matters alleged in a complaint. An investigation includes the examination of witnesses under oath or affirmation, requiring the production of books, records, documents or other evidence that the commission or its staff may deem relevant or material to an investigation, and the examination under oath or affirmation of the judge involved before the commission or any of its members.

(k) Judge means a judge or justice of any court in the unified court system of the State of New York.

(l) Letter of dismissal and caution means the written confidential comments, suggestions and recommendations referred to in sections 7000.3(c) and 7000.4 of this Part and issued by the Commission to a judge in lieu of a formal written complaint.

(m) Letter of caution means the written confidential comments, suggestions and recommendations referred to in section 7000.7 of this part and issued by the commission to a judge at the conclusion of proceedings pursuant to a formal written complaint, upon a finding that the judge’s misconduct is established.

(n) Retirement means a retirement for physical or mental disability preventing the proper performance of judicial duties.

(o) Referee means any person designated by the commission pursuant to section 43, subdivision 2, of the Judiciary Law to hear and report on any matter in accordance with the provisions of section 44, subdivision 4, of the Judiciary Law.

Historical Note:  Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978; amd. filed Jan. 10, 1983 eff. Jan. 6, 1983. Amended (l); amd. eff. Nov. 22, 2000. Amended (l). Added (m). Amended (n)-(o).

 

  • 7000.2. Complaints

The commission shall receive, initiate, investigate and hear complaints against any judge with respect to his qualifications, conduct, fitness to perform, or the performance of his official duties. Prior to commencing an investigation of a complaint initiated by the commission, the commission shall file as part of its records an administrator’s complaint.

Historical Note: Sec. filed March 25, 1975; expired Aug. 31, 1976; new filed July 11, 1977; repealed, new filed Nov. 21, 1978 eff. Nov. 1, 1978.

  • 7000.3. Investigations and dispositions

(a) When a complaint is received or when the administrator’s complaint is filed, an initial review and inquiry may be undertaken.

(b) Upon receipt of a complaint, or after an initial review and inquiry, the complaint may be dismissed by the commission or, when authorized by the commission, an investigation may be undertaken.

(c) During the course of, or after, an investigation, the commission may dismiss the complaint, direct further investigation, request a written response from the judge who is the subject of the complaint, direct the filing of a formal written complaint or take any other action authorized by section 22 of article 6 of the Constitution or article 2-A of the Judiciary Law. Notwithstanding the dismissal of a complaint, the commission, in connection with such dismissal, may issue to the judge a letter of dismissal and caution containing confidential comments, suggestions and recommendations with respect to the complaint, the commission’s initial review and inquiry, or the commission’s investigation as they pertain to the judge.

(d) Any member of the commission, or the administrator, may administer oaths or affirmations, subpoena witnesses, compel their attendance, examine them under oath or affirmation, and require the production of any books, records, documents or other evidence that may be deemed relevant or material to an investigation. The commission may, by resolution, delegate to staff attorneys and other employees designated by the commission the power to administer oaths and take testimony during investigations authorized by the commission. If testimony is taken of a judge under investigation, during the course of an investigation authorized by the commission, at least one member of the commission or referee designated by the commission, shall be present.

(e) In the course of the investigation, the commission may require the appearance of the judge involved before the commission, or any of its members, or a referee designated by the commission, in which event the judge shall be notified in writing of his required appearance either personally, at least three days prior to such appearance, or by certified mail, return receipt requested, at least five days prior to information from her when she sought to reenter Fordham’s Masters of Social Work program after taking a medical leave of absence.”

 On March 13, 2013, Appellant was compelled involuntarily

to take a second medical leave of absence (2013 Leave) from her work as a

MSW candidate. It should be noted that Appellant in no way ever caused a

threat to any individual other than herself in which she had the insight and

judgment to remedy the situation. (A10-A28). ( see Pierce v. FordhamAppellants brief included pg. 12, see ( A70-A75), (A80-A91) .

 

***Just to be clear and the documents in the Joint Appendix along with this letter prove I was making every attempt to get back to school the spring of 2013. ( A70-75) As my attorney at the time of the oral hearing tried to say , but the Appellate Court Judges kept cutting her off was that I jumped through hoops in order to get back into school that Spring of 2013, when I realized after reaching out to many different administrators around late April of 2013 it was not going to happen because Fordham refused to let me come back as it states in Dean Eldredge’s emails, unless I allowed them to violate my civil rights and continue to discriminate and violate ADA laws. ***

PIERCE COA ADDENDUM A-signed PIERCE COA JA FINAL16-2078_    

Pierce v Fordham_Joint Appendix  Appellate court Mandate