Where There's a Will, There's a Way

-- Where There's a Will, There's a'. . , Marie Lambert Brings Patronage Back to Surrogate's Court By Joe Conason

Thirteen years ago, a declining Tammany Hall machine lost control of the Manhattan Surrogate's Court-a gold mine of patronage- because Robert Kennedy backed a reformer against the machine's candidate. It was a victory that signaled the onset of judicial and political reform in New York County.

Tod m Democrats for control of surrogitc's Court. 1978 was her first year in office, and it portends a reviv- al of the tradition of political patronage in Manhattan's courthouses. With the multimillion-dollar trove of guardianships and other legal plums in hand, Lambert and her political

this borough. Lambert, who has been a lawyer

for 35 years, won the 1977 Demo- cratic primary for surrogate after a campaign distinguished by unprece- dented amounts of media money used to spread campaign appeals to

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"You iut keep in mind," states Holland- er, "that Marie made all the decisions regard- ing fund-raising activities, that everything had to be cleared through her, and that in my

r ' wpinien she befcoad she was. vi&&tg the state's judicial code." The code of judicial onduct states clearly that a candidate for

w?ge must remain at arm's length from any f u n d ~ d i n g &ities- on his or hcr behalf.

I Specifically, it says: "A candidate, including an incumbent judge, for judicial office that is filled by public election. :. should not himself solicit or accept campaign funds, or solicit publicly stated support, but he may establish committees of responsible persons to se- cure and manage the expenditure of funds for his campaign and to o b t ~ n public statements of support for his candidacy." In December Lambert told the Nceu Yod Times: "I learned that a judicial candidate is not allowed to know the names of, any people who contributed to the campaign."

Lambert's involvement in the campaign fund raising was made clear to Hollander on September 16, 1977, in her downtown law offices on William Street. Present were Lam- bert, Nicholson, Hollander, and two other fund raisers, Vincent Catalfo and Louis 0. "chwartz. According to Hollander, other leople were designated to run fund raisers, nd Nicholson wouid accompany Lambert to

I meetings with leading lawyers at their law offices. Lambert would make her p w n t a - tion, and Nicholson would ask for the

i moliey. Lambert made a11 decisions about whom to approach for money, weighing which attorneys could afford the largest contributions, which were friends and acquaint- ances, and. which had greatest interest in the Surrogate's Court.

At the conclusion of the September 16 'meeting, Hollander iecalls, Lambert conced-

ed to the group that she had violated the code r'numerous times" during the primary "ask- 'ng for both money and help" for her cam- raign. To keep track of w2lo was helpful and ho wasn't, Lambert had her secretary, Car- IF ela "Alby" Albino, keep a file of conuibu-

ors on 3 X 5-cards. Larnbert would browse hmugh the shoebox of cards from time to :,imi. I'JIC. u. ,. f. I+ .rc 9 t :; L i -E I v +'-A ,.m- . . . . -0 -

- en in the last few days before the general

ehction,.Lsunberr apnt more time fund rais-

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ing than campaiphg. Frustrated by the pdrry flow of d o h from the Toots Shor and Proof of h e Pudding dinners, she turned

Clirncnko, and @ey, though she bad &

There's a Wav WM& Shea in her primary-campaign liter- # ature fot a c m g patronage from Ibe courts.

time, stletting those whose contributions had been sufficiently s h l l to merit another fund-raising call.

Hollander remembers several occasions when Lambert became outraged at someone who didn't contribute, vowing to avenge their oversight when she reached the bench. She frequently emphasized that fund-raising ktters and phone calls should use code words to imply that a contribution to her catnpaign might eventually lead to guardianships and higher legal fees. One letter, by James J. Mon'issey, Jr., noted,

"If your practice is comprised of probate and other estate matters, you are as concerned as I am in electing a surrogate who is scholarly, hard working, understanding, and aware of the problems in the Surrogate Court. Mrs. Lambert, who, if ekcted, will serve 14 years, will ensure continuation of the excellence for which the New York County Surrogate's Court has stood."

Lambert's prior work had been almost ex- clusively in the negligence field, and thus this comment seems intended as a reference to the prior practice of surrogare's patronage. Ironically, the surrogate's term of ofice is 10, not. 14, years.

Like other letters, the message, which was pemnakly approved by Lambert, noted the necessity for "a strong, professional, and dignified campaign in her behalf. Such a campaign is expensive and can only be accomplished with the aid of your generous contributions." .

Unfortunately, there was nothing dignified about the campaign. In fact, at one point, the city's more straitlaced lawyers expressed public outrage over a Lambert radio ad $at

yrurmsed not to deposit money.fmm estates in banks complying with the h b boycott of Israel. Of course, the Surrogare's Court di- rects deposits principally to savings banks, not ohe international commercial banks, to which &is prejudicial appeal r e f e d . The ad was denounced as r blatant play to Jewish fears.

This was the styk of the campaign after. the primary as well: In the hat week of Octo- ber, Lambert bought six enormous sets of presswe-sensitive address labels from a c m - pany dled Election Computer Services, Inc. The 'lists were drawn from computer banks .of registered voters in Manhattan and were selemd according to sex, ethnicity, party registration, and election district so that mailings could be targeted to specific audi- ences. In particular, Lambert was trying to appeal to Italians, Jews, and women.

To Italian voters, for example, she sent a message under the letterhead of the Federa- tion of Italian-American Democratic Organi- zations that ended: "As members and leaders of the Italian community, it is important that we strongly show our: solidarity for Mark Macri Lambert on November 8." Lambert, whose maiden name is Maui, was born in It- aly, as the letter also noted.

In addition to the letters of solicitation t6 various law associations, Lambert and her campaign staff pinned a series of fund-raising events. The first fundraiser after the primary was scheduled for October 19, on a Wednesday evening, at Toots Shor's restaurant. Louis 0. Schwarb was originally chosen to host this "cocktail-reception to meet Marie M. Q~begt," byt as the date drew

I -

A few days before the deation, on Nosfem- I ber 3, members of Shea's law 6rm hosted a I late-afternoon fund raiser for Lambert sit the private Sky Club atop the Pan Am building. It was a small; very private affair, attended by Larnbert, Hollander, Nicholson, Albino

I (all of whom arrived in a limousbe driven by . Roy Cohn's chaufleur) Shea, Chenkb, and two other members of the Shea 6rm: political pro Kevin W r a t h and Colurhbia law professor Julian Bush. The other guests were bank executives from trust departmznts.

As waiters glided around serving drinks and hors d'oeuvres, h b e r t spoke briefly and innocently to the guests, saying how pleased she was to be there and thanking Bill Shea for hosting the party. Then Shea took over and explained that the Lambert campaign had cost a lot of money-much of it from Marie's own pocket--and that this event was intended to help reduce the campaign deficit. As he spoke, McGrath moved around the room, collecting checks.

Marie Lambert won big in the November election. This made subgquent f u d raising lew difficult, though her efforts were increas- ingly scrutinized by her coileagues in the legal profession.

Less than a week after her victory, Lam- bert began planninga major fund raiser, this one scheduled for December 4 at the Beek- man Towers restaurant, at $250 a head.

Hollander o r g d a meeting for Satur- day, November 12, at Lambert campaign headquarters on William Street to discuss how to make the December 4 affair a finan- cial success. He made calls to all the in- dividuals who had been most involved with the campai@, teiling then that "MIS. Lam- bert wanted them to attend.'"mong those

Contjnued on nm , - - (. .'.ff.- -, .

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*..Atepublican '= f leader - - Vincent Albano (right)

has put Lambert I . campaigner Gary

Nicholson on the party payroll. A memo on his

letterhead last year has a 1 ready goiten

results in Larnbert's Surrogate's Court.

m e computerized list also shows that But this L only& begmnb. m b e r t was res~onsible for a ~ ~ r o v i n g or Marie Lambert is merely the centerpiece

to delivering campaign troops, Kogan and his wife, Judith, donated $750 to Lambert's committees. In Apd and <j-urte she rewarded him with five guardianships. The total in fees

' ~ 7 = + w w ? ~ - -. . y - Alan 1. &aft hasn't done quite as weu

yet. He gave time, his name, and $200 to the campaign, but so far has gotten back only one guardianship worth $250.

Joseph Krinsky is a Brooklyn lawyer w h e wife, Shirley, was the receptionist d secretary at Lambert headquarters. Krinsky gave $100 and has received one guardianship forS250. '

C. V m n Mason gave $50 to the campaign and received a $400 guardianship last September.

Walter Mund, who did legal research for Lambert on campaign proprieties, gave $99 to the campign. His son Gary gave $50. Both, along with number-two son, Mitchell, helped organize and distribute campaign literature. In February, Gary Mund got a $250 guardianship.

Harry Pdlack is the son of former Washington Heights district leader Hang Pollack. Both worked on the campaign, and Harry donated $310 as well. He has received three guardianship worth a total of $1650.

Ronald Stringer, who was counsel to Abe Beam, is from a politically active family in the Washington Heights-Inwood area. He acted as a conduit between former Bronx Democratic boss Pat Cunningham and the Lambert campaign. According to Roy Hol- lander, Stringer recruited city secretaries to address envelopes for campaign mailings. Last July he got a $1000 guardianship from I.nmhert.

setting fees on &ardianships oi attorneys in a plan to recapture control of Manhattan / appointed by Surrogate Midonick. Among politics from the moribund reform move- the more intriguing of these was an $18,000 ment. Her campaign workers Gary Nichol- fee to the firm of Stroock, S m c k & Lavan, son and William Todd were involved in other whose members donated more than $4000 to campaigns last year, most notably the smear- the Lambert campaign. Another high fee ap- idden Civil Court primary race between re-

P proved by Lambert went to Professor Julian umer Shirley Fingerhood and machine can- Bush, the Shea, Gould partner who arranged lidate Helen E. Goldstein. Following that the secret fund raiser at the Sky Club. Bush ~rimary, which Fingerhood won, Gddstein himself gave $500 to the campaign. The .ampaign manager William Todd was given a uardianship fee was $12,500. job in the office of Manhattan borough preJi-

F i l l y , &ere is thq pbano mo. Since the lent Andrew Stein. This was arranged by caihd.&,;~M&Wkh ~ ~ K k $ u W d ~ , I& hein aide Chris McCrath, an East Side dis- k~% ..-. Uba, lawput Gary Nicholson, a rict leader whose brother Kevin collected

I money for Lambert at the Sky Club fund raiser. McGrath kft Stein's o&e, md Todd

1 'I

ms fired when it was discova&l that he had L4, eceived welfare mooey wMe being paid a sa- uy by the Gddstein campaim.

Roy Cohn, whose law partner is Bronx Democratic boss Stanley Friedman, did more than simply raise funds. On various occasions he loaned Lambert and Nicholson use of his gutornobile and chauffeur; and he

I is the link to several large mpa ign contributions: $1000 from the Broadway Catering Curpofation also known as Studio 54; $900 from the Trump Vilbge Construction c0rp0-

qv ,p$< !%~~:,@$? Doo.lg ~mp;;m +& rofn ere wmfr;par~ . - .:- . - &&&@-I;*

Democrat, on the Republican Assembly pry- roll in an $@,OWa-year m-show job. This is

' part of a political r e l a t i d p that begm / when Albano refused to endorse a Republi- can-ljbenl effort to preveat Lambert from 1 winning for sumgate. Nicholson b still in

I dnily contact with Lambm. Last year, he re- : ceived a memo on A h o stationery with the

I , names d four Manhattan lawyers. Coki- dentally, three of them have received patronage fm Surrogate Lambest:

Abraham Uetz gave $250 to the L a m k t campaign and has already received n $100 guardianship; Albert Felix gave no recorded contribution but has gotten a $250 guardianship; and Alvin Heutchg gave no contribution but has reciived two guardianships worth a total of $450.

The full scope of what ivlarie Lambert has

court administration computer will have coughed out a lot more names and fees than it has thus far. But the pattern would be m

I clef er if it had been engraved in gold. Only six or seven of her appoinments last year whose name are on the O.C.A. computer lisz cannot be traced in some way to her campaign. It is a record of which Bernard Bloom, the Brooklyn surrogate who personifies the judge as clubhouse hack, would be proud.

If this were the scope of the story, most honest lawyers would agree that Marie Lam- bert has mocked the code of judicial conduct and brought shame to the legal profeon. Other judges have been censured for far less imaroaer behavior.

- - - -- - - - - - - - i ) pxhnheads <

Thue is one political tendency in this town that deserves lent everywhere, that Nicholson has 1 m e d i a t e attention, for its influence is unholy and growing. refined a personal art 5 The rendency I'm referring to is neither Democrat nor There are a couple of facts about ,Republican, reform nor regular-though it includes elements of Caw Nicholson which people in Chel- ~ c h . I call the adherents of this tendency "Cohnheads ," because Sea 2

toy Cohn, one of its chief strategists, One is that Nicholson knows no xst represents political amorality in RUNNPN' party loyalty. Like Cohn, he has ties ?Jew York. The current plans of this with several parties at once, and seems group include another attempt to con- to benefit from each. While working for trol the Democratic judicial nominating SCARED Democratic candidate Goldstein last qnvention for Manhattan and .the year, Nicholson was also being paid 3ronx--mainly through Cohn's law $255 a week by the Republican Assem-

I partner, Brow party leader Stanley By Joe Conason bly minority leader to work in state Friedman. Cohn acolytes are also plan- offices at 270 Broadway. Supposedly a ning to run for dismct leader in various full-time "research coordinator," he parts of Manhattan this year. The first clude real estate and entertainment. had neither a phone nor an office. to surface is Gary L. Nicholson, who is When I visited his home one evening, &g for district leader in Chelsea. he wasn't there. His wife, who admit- He 's like Roy in

Muje L m h r t ' s ampa im for ted meeting Marie Lambert a few see that are fidd.

New York County Surrogate in 1977, times, said she didn't know where the When Nichdson approached a

Nicholson, as man?ger, Women's Institute was, although she artist put together two bst-minute

around in limousines provided by had heard of it. pieces of literature for Goldstein's campaign on the night before last Septem- Cohn. Nicholson has a reputation She was kind enough to call her hus- ber's primary, the graphin man was re-

among Manhattan activists for putting and at work so I could ask him about luctant. But he did it, in part because Out and -- the institute. But Gus Geotas didn't Nicholson gave him a check in advance.

3 Wign literature in the want to talk about it; he seemed rather The next day, payment on the check a races as he did when he man- nervous. He said he was too busy to was stopped. aged Helen Goldstein's campaign for talk about it any time in the next few

Thanks to the Cohnheads, the decen- judge last Far. He perpe- weeks, and that "it would take a long cy of lool in Manhattan is trated the worst excesses in Marie Lam- time to H~ giw me

bert's 'campaign, the most successful his phone number at work. sinking : phony addresses, flaunting of effort of tlie Cohnheads so far. (see the spirit of the disclosure laws, anony- Runnin' Scared, Voice,October 23 and A few phone calls and a visit to the mous leafletting, Republican employees November 27, 1978, and "Where Bergen County Clerk's office leaves the running for Democratic district leader. There's aWill There's a Way," Febm- existence of the Women's Institute in Lambert's outrageous abuse of the sur- ary 5,1979) . question, probably no more than a tem- rogate's patronage, after only one year

porary bank account. The New Jersey in office, is public knowledge. We can attorney general's o f i e and secretary expect a similar patronage-filled, self-

The Fort Lee Connection of state's office had no record of its in- serving performance from any other A particular contribution to corporation. Yet the two contributions Cohnhead seeking office. But their

vmbert harking back to- added up to $4950,among the biggest of threat to decent politics is not widely 1977 may seem arcane, but it demon- campaign- recognized. Reform and liberal poli ti- suates just how contemptuous of the cians complain about the Cohnheads public the Cohnheads are.

The dooation, c o ~ n g as it does from privately, but seem unable to exorcise secret sources, raises certain questions. ~~d the public just interest-

I: Contributions to Lambert's cam- Did Nicholson and Lamkrt know who ed in elections for district leader, state

paign were disguised in a number of the real donor was and go along with committee, or other minor party ,+,ways, w g ~ g & ~ ~ s t the spirit of cam- the disguise? Or didn't they offices. People were scarcely interested

aipfinance disclosure laws. For ex- bother to inquire about this reSWcta- in the race for surrogate. But these kpl . , - % n o r Donald T w ~ con- b l e - s ~ d i n g and generous r r e s are w k r e the C~hnheads hope to mbutedz through the corpora te names across the river? build power, bit by bit, until they con- \'* ralalry firms; the owners of Studio such seeming cbery, alegal or trol the politics of this city. Unless and 54 gave h g h the Broadway Catering is well within the repertoire of until the reformers and liberals go COW. (Both are eohn clients.) Gary Nicholson. The invitation to his b o u g h a radical transformation--and

But there was one large, particularly own $50-a-head fund-raiser at the posh create a program and political life that mysterious contribution given to Lam- Galleria Solarium last Thursday virtual- Can attract the depoliticiwd-there will bert just before ~ l ~ ~ t i ~ ~ D ~ ~ . ~ ~ ~ ~ ~ , j - ly touted him as the solution to New be very little to stop the likes of C o b ing to letters filed at the Board of Elec- Y0fkY~ dl$. Considering the tonnage of Friedman, and tbns by Gm Nicholson, the commit- manure compressed into the two para- tee for a People's Surrogate received graphs, it could only have been written

I two contrih& on Friday, N ~ ~ ~ - by Nicholson himself. Though Nichol- A Ligbtel Note ber 4, from tbe Women's Institute for son has lived in Chelsea less than a W r , Since this is my last column, I'd like Better Probate and Trust Administra- the invitation identifies the area as "his to go out with a telling anecdote. O w ,tion. Nicholson's letter states h a t the Chelsea l'&hborhood." Nicholson recent afternoon, Marie Lambert was institute's address was 360 Coolidge cl-s "a record of intense community observed leaving her chambers in the \venue, Fort Lee, New Jersey. involvement anda strong background in surrogate's courthouse. She descended

constituent service." As evidence he granite steps and trundled across Cen- [ If you drive out to the Fort Lee ad- cites his "commendable record of l e d - tre Street, turning left. m e r e was she

I res to find the Women's Institute, as ership" in the Committee for Animals, headed? The nearest pay phone. recently did, you will find only a mod- the Coalition Against Proprietary Me- Incidentally, those who are happy

st , suburban house belonging to a cou- thadone Clinics, and the America-Israel that I will no longer be writing this col- ple named Gus and Thea h t a s . Geo- Friendship League. The fmt two don't umn will be equally dismayed to learn tas who ~MW cq-fqr q p r of Fort even have telephones. This is the kind that Wayne Barrett's b y h e will replace

, ~ys-&!t his -8 i a t t t t ~ t s io- of_ phqpy political gibbet'iih; so preva- mine. 4 B - -- - - -

TEE KNICKZRBOCRER NEWS Albany, N.Y. Tuesday, June 5 , 1 9 7 9 1 p .1 C01.l b

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B y EZIC FKEEDY1.4:d . - Th* c . ~ < P /nv;~l~e'-ef:r:rfs h?. %!.?n+>t- have e n puS!icly censured fo$cket- . .W

The s k t e Ccrr~mij;i:;!~ 0:: J~~dirl.i:il ; a n S!lrro,qa:t: ? b f 2 i i f . Lzmb;:,-t 10 b!ock a fixing. X % ~ L r t of Ji12icizrj- is e-~:??! Conauct is locked In a desperate, vir- crrrnrnission pr&* of fund r2isir.g for to rul? shortly OR anotn*r Aibany C o ~ n - . '

t d l y secret legal battle in which.de- . her 1977 ca.*pais. including a =%a- t y case-Other area julges zrr believd- , ; f e t r threztens to cripple its p w e r to h?ad pany a mpnth nfter her eiection to tq have received private a&3oniticm f investigate corruption charges agnir?s: which lawyers practicing iil her court frdr;! thP$cmr?.issio~or . . letters of cau- '

>.?,- = . ' ' judges. . . were invited. . \.. tion. 7 W \

-" 3 .The s:ruggle is taking place behind Strict ethical rules regulate the po!it-'. .-\:;bol~dh cornmission inves!iga:ions .

clos&donrs i i l strie Suprerne Court in %ical and fund-raising activities of codide"tiz1, Iza.sci?z challenging )d;+: . h1anha::an a n d , !?z~,-P= i~.terirr! skir- ju,lges 2nd judicial cznd id~ ies . Via- commission procedur$ zl\;ays h~v: j-,

. - L, y+. mishes have occurred in the Appellale. la tors face p m l l i e s rzngin:, from krn pu!$ir un:il noc+-Z.For , k ~ h ; : ? ; - : ~ ~ ~ ? - ...... - 3 Division, also in Xlanhat'hn. ,

-,' : private admonition to reraovzl -fr'om ' litig?Ltiari+i t0k-n and:~~lig=~$&:ic'~.;?.~:---:~ . - :--. . . . . . . - The decisive bq;tle - which will office. . . - ' ,tryingtoblockihecdm.ri,!~s:~m'sticke!--.++-- -. . - .. , .i

3 . . q;. shag? the co~miss ion ' s future - is . - Investigations h as :he.s:atewidP rix!fig investigations, kaslpeld in Cpe7- "i" , . , . - c;- SF!%! f0, bt? waged in the CoLIil of . ticket fixing pro, '-.:, vhjch i m j i ; b l e d c c u l 64. a!,.?eg?.l pzp&kfi ied in tii? ':=?--

,.. Appeals-in AiSany, the s:,itels. highest hundreds qi-. judges 2s Geil -as po\i;i- ' lau;sui; were o?en for p:!bIic v i w : ..-7 . . . . . .

' . tribunrl.. .- . . ., . . . . . cians atid p l i ce , y@uld b+ impossibk if . In the Larnberi c8sc,jiow?ver, szte , :. .. ... 1nvolv4' so f a r are secret cohrt pro-. the' restfictions sought by Judge Lzm- Supreme Court Jl;s;ice'Sidr:ey Asch -

. . . ceidings. a g a g order imposed by a k r t are imposed.. .: - - sea!& aU couri.records.in a lawsuit by . ---. judge OF, commission attorneys and

, , As a rgsult of those commission In- hlrs. Li?n?Sert's campip manager,' 5 -.

..... pliiicdly ' wcllconnected law firms ves:iga!iops, nine, judges from $Jbrny, G a r y Nikho!sor,, .Yhallenging,. Wn- . _ - -.:-,. . -- -. wit.! ti- lo Gov. Hugh L. Carey. . , Sararoga and Sch~nectady counties mission S u S p e n a ~ : ~i<h&lw .., asktd :or ' -' 1.1' . . .

&e retor?: to %2 ;kale& . . - : - - - - . 3 court $cords h a v g - . . -- - ,judicial miscor.Gad: - - . ... a -

I . 2"" -+ - ... a lawyer jnvolrec',:k-,. ... .. - crJt-' - . several such cases.?' ..;.czz5,A . -- - - , . .......- ,*.-. ' .... .>A

-- P - . .. 2 AM. - -- ~ i ~ ~ i s u c ~ : u a m s . -

- mnsib.?ring greqye by ?.irk Lamkrt5-.: :. , - I

d ,and ' WIcho!sori "b?,:gohibit the corn-:.-: 1: , , m i . y l o + & ? h s ~ ~ h n . ordered the ccm- '$> - - ; ..m -.-+.&-, ;-;w . - . , 'j- :;.; , -:- ix i sd~ s!aSPnortcj discuss the c ~ a - ;;z-r

k . .. ,- :.I .. - t ': --+' I /' .,.+.z' - Ev&wEa< c o ~ d u c t ~ d .&I proceedin9 :.-

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. 7 . ,./ .-&hind closed doors.' .' -~.WG ... =

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h .-:Gera!< st-@, the conmission ~dnib:?~.. ;

.. - -'a? . -3 ;iF:sL-ttor, sald he ceu!d-n~t d i r ; m s .:L -. , <;,, h ? ~ , k r i ) c a s 2 . :'dgn d i x S i o n of ;he &.-re-;?.

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.- court, I c a n n o : % v e n . ~ m i ? n t u g n t k c . . ': -d V' - -

. . . . exis:ence of a;i&u*s!en said, .* A , Pq%rs filed in.ihe .icaellate ~ i v i s i o n .., . . -. . .. 4J .d ."

Cootiaced oh ~ a o e 6-4 . '

. . . . . . . - . - . . . ........ ..- :. . . . :co 6 t inu ed . , , . , , .:, ,-- ;.:: . The kber t -h . icbo1san .,con- : . . . .

. - .tend the commission in\wtigation. v&: < in ~lrnha:'& werq insp&td'oo b h a l E . of me k'nickerbocker Xews Friday.. laies cons1itu:iontl privacy rights an? "

- ow ever, court officials r e f u e d klon- ' h e right Lo so!ici: campaign conntibu- - .

day to allow a K n i c k e r k i e r Piews tions. n e y also zrgue t!!e~coinrnission'<"

reprier to set hny of duumenk lor , h ~ s singled her out foi p r secu8oq and:-

a more detailed review. Chief ,Clerk. is harassing h e r 2nd her former cam-: :- p a i p aides..-' ; - ' . . . . . . - . . . : .Joseph Lucchi 'said he cannot allow. . . . .

3- - ,:;:. .. a,--s to the records &pause. .-; ..Tk C O O ~ , ' ; ~ I S S ~ G ~ ' S 2 ~ ~ 2 r i f , g ~Z-W?'-.:-

. . Evans is &nsi2ering 'issuing. anober d s ~ u t e 211 2 l ! e g t t i 0 ~ . . . . . . :. .: ..,.:-

. . . . . . . . . . . . . 'sealing order. . ' . . . - - hlrs. L m l x r : wig& 'a c b s ' l ~ y , . c o ~ , ~ ' ~ ' :Judge b b d ' and Nicholson con-- bov€Tsid m e d & ' c a i p a i g for t!e SLlr:,; knd the h;rs power to rogaie's &)& p s t which conLrols mil-:.:: investigate k y o n d the s p c i f i c allega- ' lions of d o l f ~ r ; in for lawyers sheA ..; 50;~z of co,~plzin& j t 2nd G ~ - ' 'a?poi.n's lo handle pr0b2k Cases. Tne ,

. 'not I ~ X into any o ~ . l e r matters it [in- legal eslabl isf i~ent generally oppsed . . .covers, the papers show. . . . . . . her elec'jon and th? pres:igious A-- '

Thus, a citi;.sn'r; cc:mp!zint t h a t a sociatioi! of the EL- ~f Lte Ci:!: OI P ~ w 1 - . . . . . '?o..j: !-a;& :'?- "no: rjualifi&." . - JUCZ+ r!x-; O l ' I , ! i;,..;.:: .*,ci*.i La; z~.:

' -m,mr;lission frnm Imkinp,,ir.to whpi"pr She, h'icho!son 2nd five c 2 i n p a i p ' . there a p,zttern of mjscon"d and aides who Were S ~ b p l 7 2 d hhave en-' whether t+Jj"ag~ f i x & other tickets. ' listed L ! J - ~ .pK',w'e::u!, ~ e l : - C o n n ~ k d ,

: ,The 1ir;lihtic.n sought by Judze Lam-, . . la" f ~ i s 'kh0.i.n f0i iheii- p3bScd ties:. . .

.. . . 03-l would even prevent the corn- e Fisher E Fisher, ;he firrn of ' .

.,. . . .mission from revigwing pub!ic records, . Hzrold Fisher, Carey's p r s c n a l at- . such as c w r l files or lists of campaign . torney r;ho is chairmtn cf 'he massive - ,contributors filed with the S a l e Board : hie&opli4kn. T t z n s p r k i i o n AuLhoi- -

. . . . . . . .of Electjons. . -i ty; . . . . . . . . . . . - ,-.. . . . . . . . . - . . . _

. . ,:$?'..- . Tin&commirsion irquky was spzrked . e ~ h e a God6 ~ i i m e n k o L &&$., .. : by a lawyer's letter compIainin;! only, -'registered lobbyist for i ~ s ~ a n c e com-

about the Decernbr i977 fund-raiser. ' panies, the Ame*czn Stock Exchznge, . according 16 court papers. Evans al: .: Columbia .University and ..-okher or7:-

: ready h x prohibit&.:thq cm.mksion -. ' ganbt io r s -Shea Siadiun; hirnepf the ': .- . . . ~ .- 'from 'looking [email protected]$hing else ..Nets, was named for William A: Snea

relating to Mrs. Lanibert's campaign, ::.r who issenior.par;r,er in tk fm,.-Ebh ;. ....... -.- . . . .I ,i )the papers show: ' ..:- - . ;. . . . Shea and , Fisher have teen- 'major'

' -. A& although the cornmission rou-.. Carey- '~on t r ibu to r~ and each was a : 4 -.'tine]y qu&ior;s .judges .- under .oath.! ' c o s i ~ r ' o f loans for b e y ' s ; 1978 re-

. ' :._ .. _ a b d allegations against them, Evans , . . election . campais. '- - .- . - - . . . . has. barred :it from questioning hlrs . - e' . ' ,Kr i rne r - Lowenstein . . ~ e s b n ' .-

. Lambert a: d l , according b the papers . .- Kzrnin & Soll, the former fm of U.S.. .:...

. , ."O$y ,tvrie i n the past.has 'a court.:" District . J u d g e Eugene:'. Nickerson-;-- . 'ordered comnission -to stop, an ~ickeg-sori, -former ~mu-cd&-y ex::-'. ::investigation and in .-both -cases ..the e c u t i v e , ' ~ ~ zn m u c P s s f d candidate : . .

. . . - . $rohjbitjon pas la,ter.l$:ed,: ......-....r3L..;':in I=' for.the-&?5?0Uatic USl:&nat2;: . . . . . . . . - -. ,, . -. . .. .

I-- h$krt.s. posiiio~ t5tt cor;l;: ;; ?omi"ation.:.'+'...; . . . . . . . . . . . . . . : -:& ;jL ": :::?:-: -:.': ....... . ..-,.I -,:./..: ;:. - *- &--,- 7 . .-- - . . . .

.-- ..- hission'. inquiries shodd . be limited:.;,.. &dd . f- ' ' r e s v e d 'a: I &redly c d d i c t s '&h theconcept of a . ' ' $ l ? , ~ ' ~ i g ~ ; a r d i 2 ~ ~ i ~ from Judge L&?.:- ? - ~ o m p r e h e n s i v e , ~ . independent..-diss ' " bert l a s f p&r,' acmrdizg to Of5fice:of .'

cipiinary W y . w i t h wide powers to take'';. Court Administra',io"retordf_ _,; ,., -.-- ;;, ' .i .a'ction agaicst-judicial misconduct, ac:'.;"': ;ider sb;e B ~ ~ . , . . r cb'rding !O 2 1a~~ye iv ; f io h a worked .; ' AsS&iation ek5its opirion, r ! ~ law f;ums , . ...legislation regard ing ' judicial . dis-1'. -,;pre&,fing . ~ ~ d - ~ -bfi.-.n~~ bp.:

6 -. . . . . . . . . . . . . . . . . . cipline. . ' - . - . - . . . . . . . . :.::;. barred from haiidliqg cases &!ore her" - . - i. The l a w y e r said . no other in- . in the iutrrre., - . . . .;-' - .

vestigativeor prosecutorial agency in ~ - " , ~ e . ~ m $ * - ~ j c ~ o ~ s O n case already i ... the stale is forced to work under the h,, had an adverse impact on an un- restrictiors advcca:ed by Judge b r n - .' related commission inves:igation. ln a krt. . , : tick&-fixing cue, a :oxn jus:;ce from

If her ps i i ion is upheld by the court;,' h.eu.bur,ch, Orange County, won state the commission would lose nos t of its . S u p - e n ~ , & u : ' ~ dpcisior; in h!arJya:!sn " . . . lez:h, the larvyer asser:ed. . , .;. ;,:. in h!ty prohibiting the cozmission

New York is the only st2:e wj:h 'a . . from lwking into anjtkicg oubide fhe juSicial ccndtict conmission ii;deptnd- ' coxplaint filed agairs: k i n . An a7;eal e n t of the judiciary. is e s p c t e d .

1 judge target I

I of campaign -

fund- robe By HAL DAVIS and JAMES NORMAN

MANHATTAN Surrogate Court Judge Marie Larnbert is being accused of taking contributions from rawyers who seek lucrative appointments from her as paid guardians for estakes.

A wide-ranging investigation aimed a t Mrs. Lambert and m i b l v s~readinn to other other i u d ~ e s came to ' '1 light-yesterhay' in a c&fully worded ruiingUby Manhat- tan Supreme Court Justice Martin Evans.

Evans said five Lambert campaign workers must an- . swer questions put to them by the State Commission on .- Judicial Conduct, which is investigating a $250-a-plate campaign dinner held on Dec. 4, 19?7, w%ll after Mrs. - Lambert won her election.

And, according to Evans' rullng, t h i Lambert workers - - also must answer other commission questions aboilt her cam~aign.

1 M ~ S . -~ambeyt, challenging the investigation, had maintained that the commission could investigate only the dinner, because there was a formal complaint only fn regard to that particular fundraising function..

And last month. the A~bellate Division of State Su- ' preme court agreed, ana limited the scope of the investigation.

But the commission bounced beck when administrator Gerald Stern filed an amended complaint based on further information he said was supplied voluntarily by other com- plainants.

The Evans decision, which didn't even mention Mrs. Lambert by name, '

locked the files of the commission investigation away from public view. -

The files were gealed a t the request of Maurice Nes- *

sen, Mrs. Lambert's lawyer, who said he was sorry the judge allowed even=his seven-page decision to become public.

"I regret that it has been. published," Nessen said. ''You only get the ti@ of the iceberg."

But the lawyer hastened to add that he had no inten- tion of asking that the seal be removed from the case file. Mrs. Lambert, a negli-

gence lawyer for 35 of her 58 years, had been rated "not approved" for the judgeship by the city Bar Assn. - but she won her 10-year, $48,998-a-year post after a heavy and costly media blitz.

Now that Evans has ruled her campaign workers must answer all the commission's questions, Stern once agaln is looking into how she planned her campaign, who took part, how she raised her monew

-- --

' 7 Trial Judge Allows ~nvesti~atign On Surrogate Election to Proceed -

By TOM GOLDSTEIN A trial judge has ruled that Manhattan

Surrogate Marie M. Lambert cannot block a confidential investigation into

I how funds were raised for her 1977 c a W t g n .

The mvestigation, begun more than a by the State Commission on

!:dciyConduct, still is in its prelimi- nary stages, with much of the commis sion's time being spent in court to determine if it has legal grounds to proceed. Findings against a judge in such

. an investigation could lead to public censure, suspension or r e m o d ftom office.

In an opinion distributed yesterday, Justic? Martin Evans of State Supreple Court m Manhattan said the commlsslon could go forward with most Parts of its investigation and compel five witnqMS, who worked on the campaign, to testify.

The names of the witnesses were not disclosed, nor was Judge Lambert identified in the seven-page opinion. Time after

judicial investigation are secmt. The court &rings were closed, and m r d s relkting to mre ~ a l e d by the iustice, " More than @00,000 was spent on Mrs. Lamwrt's 1977 campaign, making it me of the most expensive local judicial campaigns in New York history. During the Democratic primary in which she upset the immbent , Arthur Blyn, and again in the general election, Mrs. Lambert ran an aggressive advertking campign.

This, in part, accounted for the "mt approved" rating given her by the executive committee of the City Bar Association, which said she had failed "to conduct her campaign within the stan$- ards of the Code of Judicial Canduct."

Shortly after her victory, a lavish fund raising party was staged. That party was the initial focus of the Cammission on Judicial amduct, but rhe investigation was broadened.

time, she was i e f e d to as the "judge:' However. it was Year the winion involved her since her campaim manager, Gary L. Nicholson, who J o W in the suit to stop the inv~stigation, was named directly.

Judge Lambert a u l d m t be reached for comment.

Details of the inv~tigati0rI are sketchy since by statute the earZy stages of a

1, his ru la yesterday, J m t i a E- app& m,, m of , investigation.

om part, h m m r , he said, "&oes m support the i n m t i m t i a into conduct, although it may be the su pi" jgctof other charges by a differeat body q a i m other p e m . "

No ftmthr details were glven in the opinion

1- Lambert

: Can't

,By Joe Conason Like Nixon, Marie Lambert

has tried desperately to stonewall the investigation of her actions. But Lambert's effort over the last year to curb

1 a probe of her campaign activities and use of court patronage as , New York aountry surrogate is faltering. Mew evidence of her apparent iilure to conform to the code of judicial conduct, including what appears to be an award of patronage to potentially damaging witnesses, will make

I - ,her defense even weaker. For after 18 months of delay achieved by Lambert, her aides ,tnd their attorneys, those involved in her campaign will

,

;

, be required to answer

of the state on Judicial

(Contimtd on page 18)

1 long last, the , vestigation may proceed.

' Soft ' r ' I I 130 WEST 3RD STREET

NYC 10012 674-8281 3

GARMENTS SCULPTURES

Ask Far Our OYO OIL Lenses: By Joe Conason (Continued from page one

Evan decision on the Lamben case neve. mentioned her by name: every reference was merely to "the judge," showing a judge-like qemitivity to a colleague's distress. Nessen tpld the New Y d Post last week that he was sprry Evm's decision had been released . &en so. But while the decision has been published, the case files are now sealed. All dtlidavits, briefs, and other evidence in the ease are under lock-and-key, at Nessen's re- huest. , When a political 6gure like Lambert pmes under attack, one normally expects rotestations of innocence and an attempt to 've at least the impression of openness. b Not this time. Lamben's strategy for es-

&ping censure or removal from the bench takes public'opinion into account. If the full story lying in those files were revealed, public

Resting upon a flilnsv legalism and a lame invocation of the First Amendment, Lam- bert's arguments against the subpoenas is-

$1 39. pair only Summer Auctions

f in New York City: Eiglrtcer~tl~ & Nitretee~1t11-Cerltur A~ilericarr. Erlulislr b ~orltitlerltar

sued to her-campaign aides by the commission were rejected on June 21 by State Su- preme Court Justice Martin Evans.

Lambert's campaign workers-who pos- sess information which could show that the surrogate solicited campaign funds from attorneys likely to practice before her and later rewarded contributors with court patronage-have refused to answer most of the commission's questions. They have claimed that the commission had no authority to investigate any aspect of Lambert's campaign other than a December 4, 1977, fun- party which was the subject of complaints to

Fur~litur; Dcroratio,rs, Arcessor~cs, Silver. Pait~liirgs,

Rugs G. Collcrlibllr

- Call for appointment or visit our Information Center

Monday through Friday 11 a.m. - 7:00 p.m. Saturday 10:OO a.m. - 6:00 p.m. Wednesday, July 11

atl0a.m. Wednesday, July 25

at10 a.m. Wednesday, August 15

at 10 a.m. EXHIBITIONS

Sundav: Nwn-5 p.m. Monday: 4a.m.-7:M p.m..

Tuesday: 9a.m.-5 p.m. preced~ng Ihr Wedn~sday Auction

m House Sales

on the premises: Saturday, July 21

atl0a.m. Warrensburg, New York (7 ~niles from Lake CeomeJ

GROUP NATIONAL OF LINCOLN CENTER

1992 Broadway, New York City Corner 68 Street, 6th floor

I the commission by several attorneys who were solicited to attend. at $250 a head. That

The state o f ~ r a c e Memll hiagrc

American Furn;ture & Accessories ot the Colonial, Empire & Victorian

periods, 19th-Century English . Furniture & ~cce;sorit%,

Decorations, Silwr. Paintings & Rugs and a 1934 Packard Phaeton,

excellent condition, 34,000 original miles EXHIBITION

Friday, JulyZO, 10a.m.-8 p.m. Admission to Exhibition and Sale by catalogue, availableat dwr.

($2.00. admits two) Food available

.A w Saturday, July 28 C:. .

at 1O~a.m:. Locust Valley, Long Island, N.Y. The Estateof Charlotte MaUory Mixsell

18th- 8~19th-century English &Continental Furniture, Silver, Porcelain, Glass,

Paintings, Rugs Thc woman - . hehind those Foster Grants is Marie Lambert, V c w Yo;k (39u:;ly surrtrgr.St. - . . . - ~ b c t o t # & c l h ,. 6'- nci I

...--,:,...,-.,. I Admission to Exhibition and Sale 111

I I Discover

the 1 Comfortof I ; I Natural I Sleep i Products I from : Shinera i

Shinera is now in New York

See our complete select~on of:

rn all cotton futon mattresses rn platform beds 1 rn cotton percale and m down comforters and pillows i

Engllsh flannel sheets rn Or~ental furnlsh~ngs i i

1 1-7 Mon-Fri.. 10~6 Sat . 1-5 Sun: I

claim, which was sustained by the Appellate Division of the state Supreme Court in hlarch in a case brought by Lambert's campaign 'Ilanager, Gary Nicholson, had effec- tively halted the investigation. But as a result of Evans's decision, based on an mended complaint fled by commission administrator Gerald S tm? p e investigation Pre teed to examme Lambert's achmtles a much broader fashion. ~~ did not disagree with the premise of the Appellate Division decision. On page five of his decision, he wrote that the commission's probe, carried out up to January 10, 1979, "was clearly beyond the scope of the original authority" possessed @ the commission, which is mandated by the le&tm to punish judicial corruption.

Evans adds, in what can only be taken, at least in part, as a reference to information di- vulged by former Lambert aide ROY Hol- lander (see "Where There's a Will There's a Way:' Voice, February 5,1979): "In January and February 1979, information was brought .to the attention of the Canmission relating to matters other than the Decemkr 4, 1977, complaint, and the investisation con- h u e d . . ." Using Hollander's information, Stem 61ed his amended complaint against Lamben on March 21. Though disal- lowing one of three items in Stem's complaint, Evans decided that the subpoenas were valid 0x1 the basis of the new information.

Lambert and her attorneys are expected to appeal Evans's deci!on, and. *e issue may not be ultimately deaded u d ~t reaches the Court of Appeals. In the meantime, h o w e v ~ Lambert's lawyer, Maurice Nessen, is doing

outragemightinsure the worst. With the files 44, pethaps noone will -.

The cvcumstances under which the files were removed from public view are mysterious. On Friday, June 1, according to an article in the Knieke&ckm Nms, an Albany daily, some related papers in the Appellate Division were open for inspection. Someone i&pected them "on behalf of the Knicker- bocker News." But by Monday, when report- er Eric Freedman came down from Albany to take a look, court officials refused him. Ffeedman r e p o d that "Chief Clerk Joseph Lucchi said he h o t allow public access to the records because Evans is considering issuing another sealing order." This was probably illegal, since the sealing order was not handed down by Evans until Monday, June 25-almost three weeks after Freedman was denied a-s to the files. It is unusual for pa-

challenging an investigation i n t ~ a jdge9s to be &, although the investigations themselves-in another in- stance in which the law favors judges over

Ci-are rouhely out behind closed doors.

~esides sealing the files, Evans has ordered commission attorneys not to the Lambe* with anyone. They are prohib- ited from even acknowledging the existence

the investigation or the resulting lawsuits. %us, in contrast to almost any other kind

of legal proceeding, the public has no way of knowing under what circumstances the investigation of Lambert is being conducted. The judges are beiig allowed to evaluate and control an investigation of one of their own, without the press snooping around to inhibit favoritism.

everything in his power to prevent the full story ~f thp qqe, from reachmg the public Lambert is supposed to serve.

New Evidence Sink February, &e comjiutirs of the

m VOICE JULY 9.1979

An odd akkkna in Nicbokon's cam- --16ia,&.&*- - **& '

tcct;ns the *ts of widoata pis L4mberf's campaign Eitm-

m r c p a ~ I t . A s s ~ i n W F ~ s V o i c r article b. h b m is no ezceptiar. to this ImrynrCe. She appears t o w e p a t t o ~ t o ~ h e r d e s w h h t h e M ~ R e p u ~ cpnpPTtgr ,wBichu~t~t iae lpedGPry

I

i

-

Danzig was asked to appear before Commission on Judicial. Conduct to tes

there, to the bea of her r k o s r y r * w d t h e meeting to be careful in

The New J e w Money

- Thea G e m has wnsistenily refuJed m talk about the use of her home a d h for the Women's Institute bank account. When first confronted in May, she said she had "heard of the institute," but didn't know what or . where it was.

Carroad, who has employed Mrs. deotirs for the last 20 yean, also at first refused to comment. Prodded, he said the existence of the institute had been called to his attention "recently," but that he had never been an o5m or director of the institute Pnd had nercr donated my money to it. He also said he hPd made no conmbution to Mar* Lam- bert's cmp9ign. In essence, Carroad seemed to be uying to put the responsibility for tbe ghony institutewhich rppevs on no public records mywhere except the h k t campaign filings-onto Gus and Thea Geotle. As he put it, "Ah. Geotrs oa8 + b- have interests of their own." A few minutes later he aided that Mrs. Geotas had told him .

Me-Mer oath, is-whether one of tboss h d k ~ was Mlvie Lmbert.

I

-

Surrogate cnarges Village Voic,e photog used 'scare tactics'

By SARAH CHlPURNOl In the July 8 edition of Our Town News, an article "Sur-

rogate Harassed." by Billy Bloom, reported Manhattan Sur- rogate Marie Lambert's version of an incident which occurred on Thursday, June 28 at about 550 p.m. outside of her cour- troom, in front of 31 Chambers St. Judge Lambert's story was corroborated by Benedict Ginzberg, an attorney, who was with the judge at the time of the incident.

We reported in the article that the photographer who was trying to take pictures of Judge Lambert would nctt identify himself although asked by the judge and by Mr. Ginzberg to do so. When the photographer did get a close-up shot of the judge, Mrs. Lambert said he (the photographer) said "We'll get you now, judge, you'll see." Lambert also stated, as reported in the article, that, in addition to the photographer, there were "two men slinking around" at the same time and in fhe same vicinity.

In reporting the story, we could only present Judge Lambert's version, corroborated by attorney Ginzberg, because the photographers and two men had not identified

no others accompanying him at the time of the incident. Ac- cording to McDarrah, "Ginzberg interfered and struck me with his attache case." McDarrah went on to explain that he personally had taken the photo assignment since he knew what the judge looked like and that the only comment he made was, "Your picture will be in the newspaper next week." He did not disclose which newspaper he was referring to. Lambert and Ginzberg both denied McDarrahYs version of the incident.

Lambert and attorney Ginzberg now contend that the "scare tactics" were employed to get her (Judge Lambert) in a distorted pose. "What an irresponsible way to put finishing touches on a malicious story," said Lambert. Although Con- ason reports that the Voice article is documented, according to Judge Lambert, except for some of the fees reported (which are public record), the article is "replete with false statements and fabrications ... conceived by an individual who has stated that he has a personal vendetta against me and is dedicated to the propasition that the best way to silence the judiciary is to

themselves. i n th; same article, we reported that Judge att&k (t Lambert had filed a complaint concerning the above wents with the Police Commissioner.

After the article appeared in Our Town News, we were con- tacted by Joe Conason of The Village Voice whose article, "Marie Lambert Mav Run. But She Can't Hide," appeared in the paper's July 9 edition, which was on the newsstands prior to that date. (The Our Town News article appeared in its July 8 issue, which was published prior to that date.) In his telephone conversation with Our Town publisher Ed Kayatt, Conason said that the photographer taking pictures of Judge Lambert was in fact Voice Picture Editor Fred W. McDarrah. (The photos taken of Judge Lambert and attorney Benedict Ginzberg appeared with the Conason article.) Conason said that he did not have knowledge whether or not McDarrah used "scare tactics" or whether he (McDarrah) did or,did not display press credentials. According to Conason, he also did not know whether or not McDarrah was accompanied by anyone at the time of the Lambert incident. Conason told Kayatt to speak directly to McDarrah.

At press time McDarrah responded to messages left for him at The Village Voice and on the taped answering device at his home. "I was distinctly not asked to identify myself and it has been my policy for twenty years only to identify myself only when asked," said McDarrah. He also stat@,that,thqe .were . . . . - 7 . . . . . . ,

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5 In tlic July 23 issue o f T h e Villagc Voicc, rcportcr Joe Coh- business, at. which pbint she told him of IF;? ? a r c she had 3. ason wrotc what can only be tlcscribct: as n vindiciivc ar!iclc- rccyntly rccc<vcd. Kayatt thca askcd Larnhcr! : r h?co~!d d o a -z cntitlcd "blaric Larnhcr! on thc Offctikivc." I'hc a::iclc !led . . story on tbcsubjcct.

. n o apparcnt .purpose with thc cxccption of attcniplin,: i o . Fitrthcrrnorc, Mayatt ncvcr said that hc hssrrrncd thc s l a ~ ~ d c r L.nmbcrt, Our T?wn pr~blislicr Ed Xayatt and [hist, .photograpIic~' was from Thc Vcice. What Knyatt !old fht tcportcr. : ari2ry ~ o i ~ d s o n was that v,:~cn :.nrrbcii X S ~ C ~ : kirn at his

, I r i this a t t c~ i i l )~ , howevcr, Connson riot only tcll victim : o ; oplnior, of the incidcnt was, 3e su~gestcrd ihni i ! mi@[ have ." scVcr;rl of' tlic far~lts hc acci~scd otlicrs of-Connson, t o pui i t . bccn a phdtdgrapher from Thc Ycicc. ?lie Soho WcekIy

niildly, s~rctclicd the trutli to its outcrniost i~oss iblc l imi t~ . " .. News, d r The Post trying :o gc; Some shots 0 3 c r i o o k i n ~ Ollc Conisonlr bicgcst co~~lplairl ts was tlrat "reporler scarctl. T!ior:gli The Voice was xrrone. t!:e pcssi5iliiics hc

Itilly Illaorli...sirnply parrotcd L.arirbcrt's version of hei ritn- named, Kaya? says that lie h,irJly "assumrd" ihcy wcrc ' irl yitli Voice photo cditor Ifrcil M c l > q r a l i , ' ~ i'urther citing rcsponsiblc. I I ... . rllat " l r loo~n took cluotcs a~tribrrtcd hy Larnberl t o tlic ConiSon; insertiiig his own b i b s 011 the m ~ t t c r , wl.otc, '~rrystcric~~ls photographer' n~itl ran tlrcni as if hc hcnrtl thcrn . "L.ambcrt is now striki~lg back through thc rncdia." It sccrns

, lii~i~scll'." .'. t , . . . . more rcalistic that thc rncdi:\ (The I'oicc) is "slrikingWeat \ l1ut then ('orlason ~ o c s on td d o solnc parrot-iniitnt;o~is of Larnbcrf. Whcn Our Town ran thc o r ip i~ i~ l - s to ry , tlicrc was

his own. I-lc lcll< wllal ltc bclicycs lo lihvc actually ha[~pcncd no mention ol'wlio her assailant ntiglit'bc. ccrpin(y making i t , (obviol~sly I'ro~n IIrc nio~rtli of McI>arrnh. .since; Cbnason hard to justify 11ie opinion of Iict,"striking back" at anyonc.

rlc!ilccls to insci.1. lhbl Iic U'RS not at llic sccnc~of t l~e.in~icicnt, 1:' 19trlinps Con ikon ' s Ihrgcst. ohjcctipn to Kaj'ill and Our . , . , . ., '!illicr): , , . . ( . - . . + , ..+ , . . . " . , . Town is 1h;rt "Our T o \ y cndorsrd 1,arnber .and has bcen

"hlcl):!r;dli ittctnptcd io pliolograpit Lanllicrt as sltc Icft rcwnrdcd with Iced ~tlvertiscmcnts from t \ ic ,Surrophlc1s ilir coirr~liousc' on a 1:ritlny al'icrnoon and was struck with a . Court" evcr sincc. Conason gocs back to thc lcgal arlvcr- hricfchsc by ntiorncy llcrlcdicr :ki!rir..burg,' who wns i tcornpa- : tiscmcnts several tirncs througllout tlic article. . .

., . , * , I , . , . ' I'I , .,.nyiug I I I C sr~rrcipotc:" . ,. ' , .. , . : Lambcrt rlcl'cnts ~~o~riiso~~'s.cor~tcritio~r 1113 Ojr , r ; :~o\vn is

, .. Ac~or t l i r~g to I.;lnlb.crt, Illis i b uiitriic. lib sa id ," t ie wasn't: hcing "rcirardcd" thor~gli: .' , , , . : litr~tck with i t . it n c v c ~ ~ i p u c l ~ c d Iiini., G i r r ~ b l ~ r p licld up thc . " I try to pick t l i c p n ~ ~ c r s whicli ;,I: in Ihc shnic ~ n o ~ i c y rankc hricl'cnsc to proicct nry l'ncc." ( for my legal advcrtisc~iicrifs]. I a!tcrriatc hct\\,cc~i tllc Solio

i'ciriasbri 1a1i.r stnlcs, "As it turns (.rut: ,Mcl~arraIt ~ l a s ncvcr NC\YS. Ollr l . o \ ~ l l , Tllc (.'llclsca Cli!:loll NC\YS, . f ~ \ ~ i s I l W C C ~ . aslictl tti illcnlil'y hilllscll'." olltc ag,?ill j7r~:;Cfllillg RS fact the , .Ic\r,ish I'rcss and olhcrs . . . I have a right to pick amolig k t g y ol'his I'cllo!i woihcr. liut <oliasori was not at lhc scene, papcrsthc Appc(la(c npprovks. . . b , . ,. . . .

\bberito\d of (.o~iasc,n's clair~l, L,ari~bcrt said. "If's an ab- * * I give l l ic~n lo Cllclrca CliiltCn ift i t 's on 1 h e 8 6 - ~ i d c , if solute lic..rshid . . to this nian. ' \ lfho arc yoir' and 'What d o you if's in an arca of Soho, !o the Solio W>cckly hc\r..,,. t i t ' s in thc w a ~ i ~ . ' " ~ ~ - ; . , . , . I.. . . . . . . Siuyvcsani Toiyn area, to'l'own and Village, if it': on Ihc E a s ~

: ('on;ison horcicis- hi1 o\ttrigli( lies ' hlicn hc states, "Ac- Side, !o O r ~ r Toivr:. I\io!,otly~s ect!inE any rpccial t t c i ~ t ~ n c ~ l t . ' ~ cortlir~g lo Kayati. .l'.81nbcri licrsclf askci lh ihi to run llie 5.Smbcrt says l11;rt slic will riot usc Tlic Voicc hccnuse " I t i s l o r y . kayntl coliccdcd '1l1nl Iic assr~r~rctl . . the 'mystcrinlrs' 11bt tile kind of pnpcr I ~voultl nornia::y liavc in nly I~ornc." pIiolol:ri~ohcr *:is Sro~li;I'lic V o i c ~ . but ricvrr botlicrcd to call ('onason's facls were confrrsctl and hlu~rct l in 111c stclry. Flis

~ a ~ ~ I , c l l c c k . " , ,.: . % , : ! . ( ! %. : ;: article \VRS 1101 totally \r,itlror~t,\.nluc Ilioirgli. Ai,lcast hc pro- ! I I i I t I I s y a I S c r l ves tl.lat evc i~ in thc woriil o f ~;nr ' ro~s , " I ; takcs $kc. id . . trro:t3',,

rl:~ys nl'tcr tlic iricidc!it. Knynit cnllctl I.nri~l)crt VII o!iicr- ' nnc." r:1 -- ..-"--- - - - . -P - . ccV- ,e%- -7 -- -.- -----

{.;;; . . . .&fl. 'vest . , - ma ~ v e .

. . /-- :A PARROT CITES .I . ' '

L ' 1 P L "1

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notes a: I-s.1..

Town ac paign. \;

nalism. I'd ral

- ;Billy Bloom's attack o n me in your last issue deserves a brief reply. First. I -make . no apoiogy for. defending, photographer Fred McDarrah, nor. for .taking his woKt over 'h-8 nf the Surrogate, Marie L a m b a t bIy one error, similar

n's, was my- failure to quote McDanah directly.. ~rted my conversarion with Ed Kayatt according to my nd memory.: When Kayatt. called and said he had

==rGrry taped the conversation. and thus could prove my story wrong, I promised a correction i f he were right. When I

.finally spoke to Kayatt again. he was unable to produce the tape because, hesaid, it had bee+ "accidentally" erased. .

+ I , : . As. for Lambert's retaliation through the media, I w+ not referring only to her friends a t Our Town. That same week she attacked me and the Voice on WINS radio.

- - Finally. the relationship between Lambert and ~ a ~ a t t is .well-knownand completely documented. Their commerce has gone- well beyond the legal ads placed in Our Town- by .

Lambert, as she says, at her discretion. An examination of her campaign finance disclosure statements shows several other facets: Our Town. received more than S4H)O.in revenue from Lamben's campaign. thousands more than any other.weekly paper; a Lambert committee paid Arlene Kayatt S132.50 for "distribution costs" to hand out Lambert literature;--and Our

:tually gave a $100 contribution to the Lambert cam- Yhere I . . come . from. that isn't considered good jour-

. . ther be a parrot than a parasite.. . .

. . JoeConason Village Voice

Ka-vatt replies.- Mr. Conason's letter sound! like he's mnnin' scared. . .

In the first sentence of his letter, he says, "...I make no , apology for defending photographer Fred McDarrah, nor for

taking his word over that of the Surrogate.. . " and then admits his error in failing to quote McDarrah directiy.. -

Conason's reporting has its own c~rious journol&tic style. He crwtes a spurious cause-and-effect re!otiomhip between [he Surrogate and myself, all' of which have noihing to do with fhe foct that Our Town called Conaxon on his erroneous documenting of McDomh's statements, which he admits, ar weN mstatements which I made to him. .

-

Conoson 's letter is further evidence of h b & n ' w jour- --':--7. He tmes.out far? as 'nruerdo without details. YPS,

own received $4,500 from theMan'e Lamberr for Sur- campaign. - Understandob(j, so; During her race for

!ate, Lombert wanted to much the widest reudenhip pass:ole in Manhattan. Our Town hns the highest cirrulalion.

-"of .. any weeklynewspaper in the corrn:y (in 1977 its circulation .; erckeded 110; 000); *and Our T O W J has a highly inJuenfial i ~ d e m h i p , and is honored to haye been chosen for the adver- ' tisingbased on meril: . . . :<-..

Yes, a Lambert committee paid rhe Committee to Elect Arlene Kayatt the sum of $132.50. which the two commirtees shared. for circufar distribution.. . . .

Yes, Our Town made a $100 contribution to a committee to e[ect Marie Lambert. The policy of Our Town is that when we are invited, as press, to a political fundraiser, rather than go freebie, we prefer to pay the tariff. We do this whenever we attend a po/itical fundraiser. whether or not we support or en-- dorse the candidate. We've made contributions to Mark Alan Siegel. Pete Grannis, Carter Bur&% et 01.. us well as to various Democratic and Repub!icnn. Party functions which I and/or my wife attend on behalf oJ fhe paper. . hfr. Conason is naive. when he says "Where I come from.-

that isn't considered good journalism." Village Voice writers and staffers have lent their namesand have devoted their ar- ticles and personal endorsemerr!s to political candidatesof rheir choice. .Rupert Murdoch, owner of the Village Voice and the New York Past. politicized the Post regularfy on behalf of

-candidates Carey and Koch. One~can only conclude that Mur-. dcch's-management policy had a powerful influem on the journalistic style of the New York Past's political reporters. Certainly the Village. Voice, a? present as we11 mpre- Mur-

, dcc!?, hgd teQorrers, colu.mnists- and staffers stumping and editorializing/'or their favorite candidates - - The recew Voice attacks on Surrogate Lamber in- dicate that the journa1~s:ic integei;, of its mgor 'oC

-umnists b questiozoble. - --

s7b.lWI 1

' O u r T rogate Surro~ -. .-:L

t strongly ? e r ~ and c

. I . . . .

fou nd a frail and mandmotherlv lookino woman has lost 80 pound; since her election) i h ( ~ looks as II

she would give away the whole store to an orphan, . PV rather than see him whim~er. She blames her mob- : . . lems on political enemies.

"My campaign promises to open up thiscou women, minorities and non-establishment law\ and to worry about equity and morality, frighten- _ .

Surrogate Marie Lambert, is a time of troubles

gre

. . he day before I went to see Marie Lambert, whb as New York County Surrogate-is entrusted to pro- tect the rights of orphans. widows and incompe-

tents, there was a picture of hcr in the papers that would have embarrassed Frank Costello. It showed an unidentified man in a broad-brimmed white fedora advancing on the camera with a briefcase ready t swing, and behind him, Judge Lnmbcrt, wearing dar glasses and an expression that suggested orphans gc a better deal in the days of Dickens. The article 111: went with the picture said the State Comn~ission o Judicial Conduct was investigating the fund raising fc her 1977 camp'aian.

at many people,'i she told me, speaking very .'

This was all mistake. Lambert explained. If she "Maybe I have a sense of guilt about the Holo: was guilty of anything. it was of letting justice inter- caust," she said, dragging that tragedy into the con- fere with the cozy arrangements that had always pre- versation rathcr abruptly, "because I'm not Jewish.: vailed in Surrogate's Court. I expected a monster, but (She was born in Italy.) "But doesn't it show a ce '

o into a :st on it

nd you ; he did

or human beings. which is what this all about !"

A case before her involved a woman who raiscd a child who w a ~ not her own. When the child grew up, he took care of the woman, until he died suddenly at 35, leaving no will and no heirs. His property there-' Fore was to go to the Statc. "I worked out what I considered a Solomon-like settlement," Lamhert said. "only because I cared. The money will g~ bank, anc! thc old woman will collect the intcrt as long as she lives. To rnc. this is justice.

"And hcr attorney happened to be the leader of the Bronx, Stanley Fricdman. A know what? He's not taking a lee. That's right it pro bdno." I

To me, this is poetic justice. If you can believe the papers. politically connecrcd lawyers have been hav- . ing a field day in Lambert's court. If one of them . ianclles an old widow on the cuff from time t- ':-- I'm all for it.

Lambert denies that she has rewarded ca :ontributors with patronage: of the investigati jays: "I'm not worried, bccause I did nothing wrong." . 4s for that newspaper picture, the man in the white ' 'edora, she explained, Wac a prominent attorney who vecame alarmed at the "seedy" character with the camera. He had just finished telling her what job she was doing. too. And the sunglasses, 5

wearing those on doctor's orders. because he1 meni is being repaired and the dust irritates he1

"They're prescription sunglasses,", she tolc think I understood. Alter all, what public encr wore prescription sunglasse!:^ . u

mpaign- ' on, she

. . . . - . - - a great ;he was r anart- r eyes.?

me. 1 ny ever -

I ZeWng Tn ---_.-, -- - .) Dear Editor: 1

1 For i!;;~u4 the t!-.,rd time, your Mr. Conason has stated that tb-0 iq somr. lttempt being participated in by me I

I Con t ine d from pa* 6 8 . i to take'&er Manhattan politics. This is not o~lly totally false, but silly on its face. I have zero interest in Man- hattan politics nor do I live in Manhattan. What disturbs me is the implication that in doing in Manhattan what you write I'm doing but which I am really not doing, Conason attempts to posture me as opposing Mayor Koch. While I'm sure that such opposition would help re- establish the mayor's credentials with your staff, the premise is false. Granted that I am far more conservative on virtually every issue than the mayor, I happen to belong to the vast majority who believe he is doing a refreshingly able and courageous job under virtually impossible circumstances, and I would not associate with any group that would attempt to impede the quality of his performance.

-Roy M. Cohn East 68th St .

Joe Conason replies: Mr. Cohn's record of involvement with the Lambcrt campaign makes a mockery of his letter. His clients are affected by Manhattan politics i n many ways, not the least being the selection of judges i n , the First Judicial Department. Material reasons are not, I think, the only ones for Mr. Cohn's evident interest in local politics. I quote from an autobiographical section of his book-length apologia for Joseph McCarthy: "Already [ in high school] I had law and politics on the brain. One summer, m y father took m e to Albany to attend the Constitutional Convention. I . . . watched with awe the shrewd behind-the-scenes steering by Assembly Speaker Irwin Steingut, father of the dynamic Brooklyn Demo- cratic leader, Stanley Steingut . . . I wanted with all m y heart to be part of the planning, the color, the action, the cloakroom conversations, the verbal clashes, the maneu- vering. " Perhaps Mr. Cohn is entering his second child- hood

-- - -- - -

.

'

nn+rnm E : Ef-

h' '79: 3 "hi Y

Cohnheads Are

~y use w n a m problems a t the B.oard of Electioas C a d f ~ and Nicholson adjourned to Lam bert's Surrogate's Court across from CiQ Hall. Around 7 p.m. they accompaniec L a m k t herself down the courtho~~~l s t e p to a car parked nearby. Engaged il serious talk with the distinguished judge- who has herself done quite a bit of electiol law--all t h ~ got into the car and Nich 0 l ~ n drove it away. Of course, judges an not supposed to be involved in politics. NI doubt Nicholson, Catalfo, and Lamber M a t people pay no attention to intr were discussing the weather.

ing in the September election ought to know gomething about the backgrounds of their district leader candidates, something more than their literature is likely to &- close. This is particularly critical with regard to the Cohnheads, since their literature tends to be filled with distmtiom, omissions, and outright lies. So here is a brief examination of some of the Cohnhead candidates, by district.

Cohnhead methods, as developed 1 I Your Cohnh@ad I' Lambsrt, Nicholson a id their trobps, er ' phasize the last-minute smear, the appe

to ethnic prejudice, and the judiciaus u of patronage. One longtime regular lead in Manhattan, who has little use for r fopners, told me that he's frightened 1 the Cohnheads' influence on local politic "These people are haters. They'll stop nothing and they're crazy."

A longtime reform kingmaker, no friel of the regular quoted above, said much tl

j same thing last fall. He called a judiciu I campaign eaneered by Nicholson and Todd "the dirtiest thing I've seen in

1 year of Manhattan politics."

I The idea of a muntywide effott by tl Cohnheads L no paranoid delusion. 01 day last week, several candidates-Nic

, Todd, Charlesl Bayor from the Ea Village, Cora Shelton from Emt Hariel

1 ahd Scott Stringer from Warihingtc 1

Heights-all represented by Cohnhead t torn* went to the Board d Electim keep opposing candidates off ths Septel ber ballot and insure their own paaltior The group at together, comultsd toget er, and used the same lawyers-Hat Pollak .anti Vincent Catalfo. Idhe mc ' good Cohnheads, Cataifo and Pallak bo

I worked overtime for Marie Cambert's st ragate campaign in 1977. Both have I ceived court patronage from her sini Readers may remember Catalfa as t attorney who admitted -forging his clien

, signature tq legal document and a chec He wam suspended from practicing law l two years-a lenient sanction. Last ye Catalfo got more than $20,000 in La] kr t ' s court, most of it awarded after went to court to avoid testifying @bout b campaign methods before the state COL mission on Judicial Conduct. (The 1-1 chunk d Lambert patronage received bj Catalfo, incidentally, came from a mil. lion-dollar-plus atate, of which one 6

1 mutor waa Roy Cohn.) Catelfo is Nk olaon's campaign treasurer.

After a long day with their poliiii

Running for district leader on the Low- er East Side is Mitchell Mund, brother of Gary and son of Walter. The Munds were among the most active workers in the Lambert campaign; they contributed money, and Walter and Gary received - legal patronage from Lambert. Walter Mund preparedsa lengthy opinion on the question of soliciting campaign f w d a &ent;ually, Gary Mund Wsi, &vet4 a

-@17,(ra0-a-year job in the Surrogate% ,Court from Lambert. According to the pe&iotrs filed by Mitchell, his brother Gary collected more than 100 signaturfm

, couldn't remember whether he had gone to work that day.,

The Cohnheads' man in Washington Heighh is Scott Stringer, the offspring of former councilmember Arlene and former Beame counsel Ronald. His mother's 10s- ing primary campaign in 1977 was cl-ly allied with the Lambert effort, and his , own campaign for a state committee post in 1978 was enmeshed with the Goldstein campaign. In fact, Scott's campaign received a $2000 fee from Goldstein for its work on her behalf, and the Stringer peo- ph helped mail out the "Zionist Commit- tee" smear piece against Shirley Finger- h d .

Cohnhead allies running in the next ,district below Stringer, south of 181st Street on the West Side, Hansi Pollak , and Harry Fotogodos. Pollak and her I

son were diligent campaign workers for and ] contributors to Lambert, and the son re- i ceived Lambert's patronage. F o t o p w l o ~ & - , a wealthy insurance broker who has pre- :T viwly run for office .a, a Republican-Con- eervative. He only recently became a Democrat. c

I

A p s y affiliated with ;*s Cohnheads in the &st Village are Charles Bayor and TheresP Buosichio. Bayor and Bussichio are trying to oust the incum- . benta Phil Wachtel and Katherine WoIpe, Bayor is a longtime friend of and ton- tributor tocambert. He and his wife; Rita, . who once lived in the same building as , Lambert, worked hard for her victory. On the night before the primary last fall, , Nicholson took care of the printing for a last-minute smew of Carter Burden which was handed out by members of,Bayor'r club, the East Villqe Community Demo. crabs.

Bayor is also a member of Co School Board One, whew he has

160 Colq$ead form, ,t&$q ter himself. As \tbd,%iishas anip ' 1 a hurt t e community: a large federal grant i for bilingual education was rejected by the \ board, although a huge number of Board 1's kids speak Spanish.

This isn't a complete picture of the. Judicial delegates run on slates, usual- district leadership races in Manhattan- ly in tandem with a candidate for district to give that would take much more spa- leader. After they're elected, the delegates than is available, and would probably bore from Manhattan join with those from the anyone but the most fanatical politico. Bronx to n8minate candid tes for Su-

The reason for writing about these preme Court in New York's # irst Judicial races is not that they have net importance, - Department, which includss both coun-

, nor that the reformers are a wonderful ::;--- -,.ties. Last year, .Stanley Friedman's group desewing of eager S U P P O ~ ~ . It's that Cohnhead allies in Manhattan ran on ju- the Cohnheads are dangerous, l a c k i ~ any ? . dicial slates all over the borough, hoping political ideology or morality other than desire for influence and patronage. They oat-reform the reformers, making UP- founded accusations of corruption; t h y out-regular the regulars, telling old-line district leaders they have the backing of Carmine DeSapio, the mob-linked leader of Tammany Hall. Rarely, if ever, do they raise an issue, and when they do it's likely -- to be spurious. Unless they're defeated, this borough's politics are about to become sleazier. We can't afford that. Politics in New York are sleazy enough.

Heeling the Wards District Leaders am small fry, but they

matter. From among themaelves they elect the county leader. They also select members of the party's judicial screening . panels, which in turn examine and select . candidates for the bench. They represent

'' the Democratic party in each neighborhood, which can be very significant in trying to solve a community problem, in sanitation, housing, police or fire protm- tion. In a Democratic city where neighbor- hoods have terrible problems, a good district leader may make the difference. A bad one doesn't, because he or she is too

. busy making deals to climb higher. A bad district leader spends more time getting judges apkinted than worrying about dir- ty streets or decaying parks. Sometimes, as Wayne Barrett revealed about Stanley Friedman's Bronx leaders (Voice, August

That's & indication of what can be ex pected from the Cohnheads.

One good district leader is Kath Freed, now seeking re-election in the Lon er Manhattan area. She has been a@ gressive in pursuing her constituents' corn 'plaints about poor services, rapaciou loftlords, and lack of parks and othe amenities, even while she tried unsuc cessfully to win last year's primary race fc the Assembly. Freed has been more dc voted to her constituents than to the party line, an attitude which hasn't been politically rewading for her. She's more interested in issues than in patronage.

Of c o w , that's not the only kind of decent. district leader in Manhattan. The more traditional type is represented by Jim McManus, who has led the Eugene E. McManus Democratic Club in Hell's Kitchen (named for his father) since 1963. McManus sees the main task of the leader as "delivering the vote for the party's candidates." In his neighborhood, that means "getting down to the nitty gritty: a personal favor here, a personal favor there." But nobody doubts McManus's concern for the people who live in his neighborhood. And the difference between a "personal favor" and a "neighborhood p b l e m " is sometimes slight.

OY, MARIE THE PUBWC'S RIGHT TO KNOW. Marie M. Lam-

bert believes that the people of Manhattan have the right to know the background of every candidate for public office. That is why MARIE has opened her confidential records in the Appellate Division of the Supreme Court for public scrutiny. Marie's opponent has engaged in secrecy and duplicity too reminiscent of Nixon and Watergate.

That dynamite cry for judicial integrity got Marie Lam- bert some very good press. It was 1977 and the public still wanted its candidates to sound like self-righteous crusaders.

And no one was more self-righteous than Marie Lam- bert. She promised to get rid of patronage and pledged to Ajax the dirt right out of Surrogate.

Now that Lambert has won the right to wear the robes of a Surrogate Court judge; she has gone into hiding. And she has apparently forgotten the speeches about the public's right to know.

Lambert got excited after the New York State Com- mission on Judicial Conduct began an investigation earlier this year to see whether she had actively sought campaign contributions from lawyers who might later appear before her.

as Lambert. But Lambert's battle against the State Commission on

Judicial Conduct took a new turn October 2 when she argued, through her lawyer, Maurice Nesseh, that the investigation was a violation of her First Amendment rights to raise campaign funds.

That presented one mighty problem for the State Com- mission on Judicial Conduct because the U.S. Supreme Court has ruled that candidates have a First Amendment right to associate with the people they raise money from.

And that, my friends, runs smack against a New York State Code of Judicial Conduct that forbids a judge from raising money from lawyers who might present conflict- of-interest problems later on.

A Delicate Balance And so the State Commission on Judicial Conduct,

created to,uphold judicial ethics, is being forced to argue that its investigation of Lambert's campaign forces is more important than the First Amendment.

At the October 2 hearing, Maurice Nessen appeared before the Appellate Division of State Supreme Court and argued in open court for Lambert that the records of the commission investigation should be closed to the public.

Suddenly Marie Lambert, a knight of the judicial round table, wanted to bum the Magna Carta.

Nessen asked the Appellate Division to keep the records sealed, even thou& Gerald Stem, the executive

The Code of Judicial Ethics forbids a judicial candidate from actively raising money for hisher campaign.

Lambert got upset, claiming that she was being picked on because she had beaten the candidate of the city's legal establishment, Arthur Blyn.

And so she went to court to fight the commission's right to investigate her. At first the Lambert legal fight lacked the kind of sex appeal one needs to get people excited.

Yes, she had appointed as guardians for unclerage children lawyers who contributed to her campaign. But Surrogate Court Judge Millard Midonick had d m much the same thing in 1971 when he was elected. And Midonick had made just as many self-righteous speeches

director of the State Commission on Judicial Conduct, had cited them during the hearing.

Well, you say, if Stem's arguments were made in an open court, why won!t we (the public) get a chance to review the stenographic record of the proceedings? Simply because the Appellate Division doesn't employ a court stenographer to record arguments.

I called Nessen and tried to find out why he was soa ious to limit freedom of speech in a First Amendm case.

"The State commission on Judicial Conduct has askea that certain portions of the record be kept confid.entia1."

Jessen said, "and we say that if they want to keep same

I of the records secret, then they should keep allof the rec- rids secret."

Nessen said he wouid not be willing to.& qwted on ex-

I actly what the commission was keeping secret or anything that happened in court. "1'11 brief you and then you can check it out," he said, ''all the other reporters do that, so I don't see why you won't do the same thing." Was Gerald Stem hiding anything? Stern said he

couldn't talk about it. But it wasn't hard to find out. Stern testifed in camem before State Supreme Court

ustice Martin Evans about the scope of his investigation. t ie told Evans that he wanted to finish that investigation before he identified Some of the sources of his infoma- tion.

Maurice Nessen wants the names of the sources before the investigation is completed.

Stern has given Evans a partial list of the people he questioned and has promised to turn it over to Nessen after the investigation is concluded.

All this excitement has made Marie Lambert, an excita- ble person, even more anxious. And she is.trying, through her lawyer, to wipe out the power of the state judicial commission.

NORight,SBeW The first thing Lambert did when the state subpenis

went out was to fight the right of the commission to investigate her. Why?

,Because Lambat said that the commissioh had no right to look into anything that was not mentioned in a letter. of ' -anplaint. What does this mean?

Suppose a lawyer writes a letter to the cmndssbn al-

I I leging that a judgt was guilty of fixing tickets. A d s u p ' pose the state commission discovem that the judge also ' took payoffs. If Lambert wins all these legal maneuver- ings, then the commission could not ilrvestigate the

I Lmyoffs. The Lambat people are saying they are seeking refuge

wehind the First Amendment because they need all the ammunition they can get to battle the establishment.

It started with a Tom Goddstein story in the New York Xmes about a k. 4, 1977, fund-raiser. Goldstein questioned whether it was proper for Lambert to raise funds from people who would later appear before her.

The Village Voice's Joe Conason then ran a long in- terview with a former Lambert campaign worker; Roy /Hollander, about the extent of the judge's campaign a c ttivities. Hdlander Later testified before the state com- 'mission. ' Gary Nichdson Jr.. who was Lambert's campaign ;manager, started the court sealing process when he fought a subpena asking that he testify. Then Nicholson de- manded that the records be sealed.

Then Lambert got her legal wheels rolling. And we have one incredible mess.

Marie Lambert's decision to use the First Amendment shoot down the State Commission on Judicial Conduct

t in keeping with all those wonderful pledges she e before she was elected. Her activities since she won

r elective way to the bench also guarantee that the Sur- te Court will remain a haven for politicians looking

But that is something reporters have come to expect. very time she violates her campaign pledge, it should be rritten a b u t . But Lambert has gone further than simply violating her

unpatgn promise. Sne is rlhumbing her nose ar tBe p w e ho elected her. Last week, for example, she sent out a press release :raiding a new era in Surrogate Court. She was going to ,Id apen hearings to select a new chief clerk in her court. ustbope he doesn't lock the door to his office. P - -

~ o r n r n w s q an Jualclal conauct, said after the decision was handed down that as far as he was concerned, the court's ' decision meant "we're'given the authority nqw to proceed" with all aspects of the bmtigatlon.

Mr. Stern added that the Appellate

Panel ~ d d ~f can h e e d Division's ruling in effect reaffirmed the authority of the five-year-old m m i s

in Lambert Invest&tion sion, and had an impact far the '

Lambert case. "It r e p m t s for the first time the court's interpretation of a law

By JOYCE PURNICK that give6 us the authority to Invmtigate An appeals court yesterday empow- judicial miscollauct," heasserted.

ered the State Commission on Judicial - Conduct to go forward ith a long- delayed investigation into %e financing of Surrogate Marie M. Lambert's 1977 election campaign in Manhattan.

The investigation, much of it blocked #or more than a year and a half pending Jjudicial decisions, will also look into the allegation that once on the bench, Surro- gate Lambert made appointments based m political favoritism.

The judge's lawyer, Maurice N. Nes- sbn,9ald last night through a spokesman that the decision of the State Supreme

the commission had gone beyond the scope of its jurisdiction.

In refusing to block the inquiry, the A p pellate Division upheld a lower court rul-

Party Called Improper At the time, a number of prominent

lawyers argued that the party, held to re- lace campaign deficit of $175,000, was mproper, and complained to the Com- nission on Judicial Conduct. They minted out that Mrs. Lambert would, as iurrogate, oversee the disposition of es-

, ates and appoint lawyers to often lucra- ive assigntnente as guardians. Since many of the lawyers invited to

ler party specialized in estate work, the !arty created at least theappearance of a onflict. her critics contended. The Surrogate, whose more than 200,000 campaign was one of the most ex- ensivp lomi judicial conjests in the tate's history, - ultimately dedded gainst attending the party. The judicial panel's investigation ini-

~ d l y k w e d on the party, but was later I road& to include thrh specific areas, lade ubufor the first time in yestar- ay#s &tsion The h l h g indicates that the commb

ran is looking into allegations that Mrs. qbe r t ' s campaign fund-raising activi- ~w*tmpreaer, that duringand after

aigo cash contributions in ex- p;f?b re accepted am3 mnses a COotribuEns were not -rly m med and that after taktng office, Mrs. ambett exerclsed political favoritism in talrEnn amintments.

By Joe Conason

that the state's highest legal forum, the Nessen is likely to file his next appeal Court of Appeals, will find har attorney shortly after New Year's. Because one Maurice Nessen's dog-eared arguments judge, Theodore Kupfierman, dissented more compelling. If the judges say no to from the Appellate Division decision, Nessen's appeal, Lambert and her cam- Neseen does not need permission to ap- paign manager Gary L. Nicholson, along peal. But given the dreadful quality of with several campaign aides, will face Kupferman's dissent, a decision against questioning under oath by Gerald Stern, the commission is unlikely Yet during administrator of the Commission on Judi- this last step of the appellate process, cia1 Conduct. During the months of appeal 1 Nessen will undoubtedly attempt to post- and cross-appeal, Stern has been compil- ( pone the day when L w b e r t and her cam- ing other evidence of Lambert's abuses. paigp personnel will l a v e to pl.o4uctt %- When the testimony of Lambert and the 1 cords and respond in person to the still- others has been taken, all the evidence will be presented to the cammission members, who will then determine whether there should be a formal hearing to decide if ction far the next six Lambert should be admonished, censured, contrary, the Court or removed from the beach. She may, of n muld at&. &ling .course, appeal that decision too; getting a d chlpany as eacly rid of a bad judge is a tedious process, in part because a bad judge is coddled even more than most white-collar criminals.

Marie Lamkrt 's campaign and judicial abuses have been examined in these pages in detail ( Voice, February 5 and July 9, 1979). The areas of inquiry by the

investigated. If this logic were-applied to restaurant, then only that event could be 1

the rest of law enfo-msnt, practically

Where There's a Will, There's a Way

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