Epigraph
"What does every oppressed people have in common throughout history?" Charlie Kirk once asked Candace Owens. The answer, as she has recounted, was starkly simple: "There are more slaves than masters.">
In the machinery of New York attorney discipline, the same principle applies. There are more of us — lawyers wronged by the system, staff members afraid to speak, defendants stripped of appeal rights — than there are architects of this injustice. We have essentially no institutional power. But we are not powerless. Not yet.
PART I: THE SYSTEM THAT SWALLOWS THE TRUTH
For more than thirty years, the machinery of attorney discipline in New York has operated on a simple principle: the grievance committee investigates, prosecutes, and wins. Appeals are rare. Relief is rarer still. And in the Ninth Judicial District — the body responsible for policing attorneys in Westchester, Rockland, Orange, Putnam, and Dutchess Counties — that machinery has evolved beyond mere bias. It has become deliberately, systematically rigged.
The question is no longer whether the system is broken. The question is whether it was built that way.
The Three Pillars of Corruption
Three people now stand as architects of this system:
- Antonia Pia Cipollone — the most experienced prosecutor in the office, yet inexplicably sidelined and silent.
- Courtny Osterling — Chief Counsel, appointed despite lacking the institutional knowledge or appellate experience to lead, and now presiding over a cultural collapse.
- Susan G. Yellen — Chair of the Grievance Committee, simultaneously under investigation by the Tenth Judicial District for ethics violations, yet still sitting in judgment over the very attorneys whose fates she controls.
Each occupies a position of extraordinary power. None is accountable to the attorneys they police. And together, they have created an apparatus in which there is no truth — only discipline at scale.
PART II: ANTONIA CIPOLLONE'S SILENCE, AND WHY IT MATTERS
The Woman Who Should Have Been Chief Counsel
Antonia Pia Cipollone is the institutional backbone of the Ninth Judicial District Grievance Committee. For over twenty years, she has:
- Appeared in dozens of published Appellate Division decisions
- Investigated hundreds of attorney complaints
- Prosecuted disciplinary proceedings before the courts of the Second Department
- Worked through three different Chief Counsel administrations
- Maintained the office's institutional memory and procedural expertise
By any objective measure, she is the single most qualified person in that office to lead it. She should have been Chief Counsel years ago. Instead, she has been passed over — twice. First in favor of an acting appointment. Then in favor of Courtny Osterling, a 2011 bar admittee with an administrative background at the Office of Court Administration, but without the prosecutorial experience, appellate familiarity, or institutional credibility to command respect.
The Appellate Division, Second Department — the court that controls the 9th District's disciplinary apparatus — made this choice deliberately. The question it raises is not one of fairness. It is a question of institutional competence and motive. Why would a court repeatedly pass over its most experienced internal candidate in favor of outsiders? What criteria are being applied? Who is making these decisions?
The Culture of Fear
According to multiple sources with direct knowledge of the office's internal operations, the situation has deteriorated dramatically under Osterling. Staff members describe:
- A toxic atmosphere where people are afraid to speak
- Decisions made without consultation or explanation
- Procedural changes that strip respondents of their rights
- A leadership style that prioritizes speed and volume of discipline over accuracy or fairness
One source, a grievance defense lawyer with decades of experience, described the shift plainly: "The committee used to prosecute cases. Now it manufactures outcomes."
Cipollone knows this. Multiple sources confirm she has shared her concerns about Osterling's competence and the office's culture with grievance defense lawyers — the very attorneys who appear opposite her office's cases. This creates a profound ethical problem. Defense counsel cannot use Cipollone's confidential disclosures in court. But they can tell their clients: The prosecutor's boss is in over his head, and the office is run on fear.
What Cipollone has not done is speak publicly. She has not gone to the Appellate Division. She has not demanded accountability from the court that appointed Osterling. And in that silence, she has become complicit in the system she criticizes privately.
PART III: COURTNY OSTERLING'S DISCIPLINE APPARATUS
The Reconsideration Trap: Refusing to Allow Respondents to Submit Papers
For years, the Ninth Judicial District Grievance Committee accepted papers — written arguments, legal briefs, supporting documentation — in response to requests for reconsideration of dismissals or discipline decisions. This is standard practice in appellate proceedings. Rule 22 NYCRR 1240 (Rules for Attorney Disciplinary Matters) does not prohibit such papers. Indeed, courts routinely allow respondents to submit written materials in support of reconsideration requests.
Under Courtny Osterling, this practice has stopped.
The committee now refuses to accept papers on reconsideration. Respondents and their counsel are told they cannot submit written arguments, evidence, or legal authority to support a request that a decision be reconsidered. They can only speak verbally, in limited forum, with no written record.
This is not procedural reform. This is elimination of due process.
A respondent facing professional discipline — potentially suspension or disbarring — is denied the ability to present written argument to support their request for relief. No other appellate procedure in New York operates this way. Federal courts accept papers. State courts accept papers. Administrative agencies accept papers. Grievance committees themselves, in other judicial districts, accept papers.
The Ninth District does not. Under Osterling.
What this means is clear: Osterling is not interested in reconsidering decisions based on law or facts. He is interested in finalizing them. The refusal to accept papers is not a procedural efficiency. It is a prophylactic against reconsideration itself.
The Goal Is Not Truth. The Goal Is Discipline.
Consider the logic: A respondent attorney has been found guilty of misconduct. They request reconsideration, arguing that the evidence was insufficient, that procedure was violated, that the discipline is disproportionate. In any normal appellate system, they would be allowed to make that argument in writing, with citations to law and fact.
Under Osterling, they cannot.
Why? The only logical answer is that Osterling knows what the arguments will be, and he does not want them preserved in the record. He does not want them considered on the merits. He wants the decision finalized, the case closed, and the respondent moved on to the Appellate Division — a court that, according to grievance defense lawyers, now imposes harsher discipline as a matter of course.
This is not prosecution. This is conveyor-belt discipline.
PART IV: SUSAN YELLEN: THE JUDGE WHO JUDGES THE JUDGES
The Conflict That Should Have Disqualified Her
Susan G. Yellen is listed as Chair of the Grievance Committee for the Ninth Judicial District. Her official title appears on the court's website, in committee correspondence, and on the office's door at 399 Knollwood Road, White Plains.
She is also under investigation by the Grievance Committee for the Tenth Judicial District.
Yellen is a partner at Eisenberg Yellen, LLP. Her law partner is Amy M. Eisenberg. Eisenberg is the attorney who was at the center of the Eisenpress judicial corruption scandal — appearing in 18 cases before Justice Sherri L. Eisenpress without disclosure of her social relationship with the judge, depriving litigants of their fundamental right to an impartial tribunal.
Yellen knew, or should have known, about Eisenberg's relationship with Eisenpress. The social circle that included Eisenberg and the judge — known internally as the "Punta Cana Partiers" — was not a secret to the attorneys practicing in that courthouse.
When the Eisenpress scandal broke, Yellen did not recuse herself from the Grievance Committee. She did not report her law partner's misconduct. She did not resign her position. She continued sitting in judgment over the attorneys in her district, including those who might have cases involving her own law partner's ethical violations.
This is structural corruption. It is the definition of a conflict of interest so profound that it erodes public trust in the entire disciplinary system.
The Investigation
Because Yellen herself is under investigation by the Tenth Judicial District — not her own committee, because even the system recognizes the conflict — she is theoretically required to recuse herself from matters in which she has a direct interest. But no mechanism exists to prevent her from participating in discipline of attorneys connected to the Eisenpress circle, or to force her to disclose her conflicts in cases where she should abstain.
She remains Chair. She remains in power. And she remains under investigation, even as she sits in judgment over others.
PART V: THE GRIEVANCE COMMITTEE AS JUDGE, JURY, AND EXECUTIONER
The Problem With Two-Level Discipline
The New York attorney discipline system operates in two levels:
- The Grievance Committee investigates, prosecutes, and decides whether misconduct occurred. It can impose discipline (censure, suspension) or dismiss.
- The Appellate Division reviews the committee's decision if the respondent appeals.
In theory, this is a check on committee abuse. A respondent who believes the committee acted unjustly can appeal to the court.
In practice, according to grievance defense lawyers, this is a facade.
Why Respondents Don't Appeal
Experienced grievance defense lawyers are now advising clients not to appeal Ninth District decisions to the Appellate Division, Second Department. Their reasoning is stark: The court has become harsher on discipline than the committee itself.
A respondent who might receive a 30-day suspension from the Grievance Committee might face a 2-year suspension from the Appellate Division. A case dismissed by the committee might be reversed on appeal and the respondent disbarred.
When the higher court imposes harsher discipline on appeal, respondents stop appealing. The Grievance Committee becomes, in effect, the final arbiter. It is judge, jury, and executioner — and there is no realistic path to relief.
The Bottleneck at 399 Knollwood Road
This creates a bottleneck at 399 Knollwood Road. The Grievance Committee decides cases. Those decisions are rarely appealed because appeal means harsher discipline. The committee knows this. The Appellate Division knows this. And the incentive structure shifts: The committee is no longer constrained by the knowledge that it will be reversed if it acts unjustly. It is constrained only by the knowledge that harsh discipline will be upheld — and made harsher.
The result is a runaway train of discipline, with no check and no appeal.
PART VI: THE STAFF WHO KNOW, AND THE COURAGE TO CHANGE
The Donating Witnesses
Something extraordinary has happened at the Ninth Judicial District Grievance Committee. Staff members — prosecutors, administrators, investigators — are making donations to The Ethics Reporter.
These are not anonymous donations. These are donations from people with email addresses that identify them as working at the committee, in some cases with identifying information in their names. They are donating to support journalism about the very institution that employs them.
What this represents is extraordinary courage, and extraordinary conviction. These staff members believe that the committee is being run improperly. They believe that Osterling's leadership is unjust. They believe that the system they work in is broken.
They cannot speak publicly without destroying their careers. So they donate. They signal their agreement with the reporting. They become witnesses, in the form of financial support, to the truth.
The Ninth Judicial District is in disarray. Its staff knows it. And they are trying to tell the world.
PART VII: HOW TO FIGHT BACK — YOUR STEP-BY-STEP GUIDE TO FILING A COMPLAINT
You have been wronged by the Grievance Committee. You have been denied due process. You have been stripped of your right to appeal. You have lost your license, your reputation, and your livelihood — and the people responsible answer to no one.
Until you act.
The Appellate Division, Second Department — the court that appointed these people to power — is also the court that can remove them. The Presiding Justice and Clerk of the Court have the authority and responsibility to investigate institutional corruption within the committees they oversee.
Here is how you file a complaint.
WHO TO CONTACT
Presiding Justice Hector D. LaSalle
Clerk of the Court: Darrell M. Joseph
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, NY 11201
Phone: (718) 875-1300
Email: [inquiry form on nycourts.gov]
Alternate contact: Committee Chair (if complaining about committee-wide policy)
Susan G. Yellen, Chair
Grievance Committee for the Ninth Judicial District
399 Knollwood Road, Suite 200
White Plains, NY 10603
Phone: (914) 824-5070
WHAT YOU'RE FILING
You are filing a Judicial Conduct Complaint and/or Institutional Complaint regarding:
- Denial of due process (refusal to accept papers on reconsideration)
- Conflict of interest (Yellen's participation while under investigation)
- Institutional failures (toxic culture, lack of accountability)
- Prosecutorial misconduct (discipline designed to punish rather than investigate truth)
You can file:
- A formal complaint under New York's Commission on Judicial Conduct rules (for judicial conduct by committee-affiliated judges)
- An administrative complaint to the Presiding Justice (for institutional/management failures)
- A letter to the Court identifying structural corruption and requesting investigation
The easiest path: A detailed letter to the Clerk of the Court.
STEP-BY-STEP INSTRUCTIONS
#### Step 1: Gather Your Evidence
- Copy of your disciplinary decision from the committee
- Any correspondence in which the committee refused to accept papers on reconsideration
- Emails, letters, or records showing procedural violations
- If you appealed: the Appellate Division's decision (especially if it imposed harsher discipline than the committee)
- Any documentation of the committee's refusal to provide due process
- Written confirmation from your attorney that the committee's procedures were irregular
#### Step 2: Write Your Letter
Use the template below, but personalize it with your specific facts. The letter should:
- Clearly identify the problem (e.g., "The committee refused to accept my written reconsideration papers")
- Explain why it violated due process (e.g., "No other appellate procedure denies written submissions")
- Request specific relief (e.g., "I request that the Court investigate the committee's refusal to accept papers and order the committee to accept my reconsideration application with supporting documentation")
- Identify the systemic problem (e.g., "This is not an isolated incident; multiple respondents have reported the same denial of procedure")
#### Step 3: Format and Mail Your Letter
- Use business letter format (your name, address, date at the top)
- Address it to: "Hon. Hector D. LaSalle, Presiding Justice" or "Darrell M. Joseph, Clerk of the Court"
- Include a clear subject line: "Complaint: Institutional Violation of Due Process by Grievance Committee for the Ninth Judicial District"
- Keep it to 3-5 pages (courts get hundreds of letters; be concise and powerful)
- Print on good paper, sign it by hand
- Mail certified mail, return receipt requested
- Keep a copy for yourself
#### Step 4: Copy the Right People (Optional, but Recommended)
Send copies to:
- New York Commission on Judicial Conduct (if alleging judicial misconduct)
Committee on Professional Conduct
61 Broadway, Suite 1200
New York, NY 10006
- The Grievance Committee itself (send a copy to the office at 399 Knollwood Road so they know you've escalated)
SAMPLE COMPLAINT LETTER #1: DENIAL OF PAPERS ON RECONSIDERATION
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
Hon. Hector D. LaSalle
Presiding Justice
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, NY 11201
**Re: Complaint — Institutional Violation of Due Process
Grievance Committee for the Ninth Judicial District
Denial of Right to Submit Papers on Reconsideration**
Dear Presiding Justice LaSalle:
I am writing to lodge a formal complaint regarding systematic violations of due process at the Grievance Committee for the Ninth Judicial District, specifically the refusal of the committee to accept written papers in support of reconsideration requests.
FACTUAL BACKGROUND
On [DATE], I was informed by the Grievance Committee that my request for reconsideration of [dismissal/discipline] would be considered, but that I could not submit written arguments, legal briefs, or supporting documentation in support of my request. I was told that any reconsideration submission must be verbal only, with no written record.
This is not procedure. This is denial of due process.
THE VIOLATION
Rule 22 NYCRR 1240 does not prohibit written submissions on reconsideration. No appellate procedure in New York State denies respondents the right to submit papers. Federal courts accept papers. State courts accept papers. Administrative agencies accept papers. Grievance committees in other judicial districts accept papers.
The Ninth District does not. This is not procedure. It is obstruction.
The effect is to prevent reasoned reconsideration. A respondent attorney facing professional discipline cannot present written legal arguments to support their claim that the committee erred. They cannot cite applicable law. They cannot preserve their arguments for potential appeal. They can only speak verbally, in a limited forum, with no written record to appeal to the Appellate Division.
This denies due process under both the United States Constitution (Fifth and Fourteenth Amendments) and the New York Constitution (Article I, Section 6).
INSTITUTIONAL CONTEXT
I have learned from my attorneys that this is not an isolated incident. Multiple respondents have reported the same denial of procedure. The committee's refusal to accept papers appears to be deliberate policy under current Chief Counsel Courtny Osterling.
The effect is systematic: Respondents cannot meaningfully appeal committee decisions because they have no written record of their arguments to present to the Appellate Division. The committee becomes, in practice, the final arbiter of attorney discipline. It is judge, jury, and executioner, with no check on its power.
COMPOUNDING CONFLICTS
This practice is made more troubling by the fact that Susan G. Yellen, Chair of the Grievance Committee, is herself under investigation by the Grievance Committee for the Tenth Judicial District for ethics violations related to her role in the Eisenpress judicial corruption scandal. Her continued participation in committee decisions, without public disclosure of her conflicts or recusal in affected cases, creates additional due process concerns.
REQUEST FOR RELIEF
I respectfully request that the Court:
- Investigate the committee's policy of refusing to accept papers on reconsideration
- Determine whether this policy violates Rule 22 NYCRR 1240 and due process
- Order the committee to accept written submissions on reconsideration applications, consistent with appellate procedure in other New York courts
- Require the committee to accept my reconsideration request with supporting documentation, and to consider my written arguments on the merits
- Conduct a review of all reconsideration denials in the past [3-5] years to identify other respondents affected by this policy
The legitimacy of attorney discipline depends on fair procedure. When the grievance committee denies respondents the basic right to submit written arguments, it undermines public confidence in the entire system.
Respectfully,
[Your Signature]
[Your Typed Name]
[Bar Number, if applicable]
[Phone Number]
[Email]
SAMPLE COMPLAINT LETTER #2: YELLEN'S CONFLICT OF INTEREST
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
Hon. Hector D. LaSalle
Presiding Justice
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, NY 11201
**Re: Complaint — Conflict of Interest and Violation of Ethical Duty
Susan G. Yellen, Chair
Grievance Committee for the Ninth Judicial District**
Dear Presiding Justice LaSalle:
I am writing to lodge a formal complaint regarding the continued service of Susan G. Yellen as Chair of the Grievance Committee for the Ninth Judicial District, despite her participation in the Eisenpress judicial corruption scandal through her law partner Amy M. Eisenberg.
FACTUAL BACKGROUND
Susan G. Yellen is a partner at Eisenberg Yellen, LLP. Her law partner is Amy M. Eisenberg. From 2016 to 2025, Justice Sherri L. Eisenpress presided over cases in which Amy Eisenberg appeared, without disclosure of their social relationship. Justice Eisenpress was forced to resign in 2025 due to this corruption.
Yellen did not report Eisenberg's misconduct. She did not recuse herself from the Grievance Committee. She did not resign her position. She continued sitting as Chair, in judgment over attorneys in her district.
Moreover, Yellen is now under investigation by the Grievance Committee for the Tenth Judicial District for ethics violations related to her role in this scandal.
THE VIOLATION
A person under investigation for professional misconduct cannot ethically sit in judgment over other attorneys. This is a fundamental conflict of interest.
Additionally, Yellen's failure to report her law partner's misconduct — or to recuse herself from cases involving attorneys connected to the Eisenpress circle — violates Model Rule 8.3 (Reporting Professional Misconduct) and Rule 8.4(c) (Conduct Involving Dishonesty, Fraud, Deceit, or Misrepresentation).
Her continued service as Chair, while under investigation and without public disclosure of her conflicts, undermines public confidence in the disciplinary system. It suggests that the committee protects its own.
REQUEST FOR RELIEF
I respectfully request that the Court:
- Require Susan G. Yellen to recuse herself from all Grievance Committee matters
- Direct Yellen to disclose, in writing, all matters in which she failed to disclose her conflicts with Eisenberg or the Eisenpress circle
- Order a review of all Yellen's votes and decisions on committee matters since the Eisenpress scandal became public (2025 to present)
- Accept Yellen's resignation as Chair, or remove her from that position
- Establish clear conflict-of-interest protocols for committee members under investigation
The integrity of the disciplinary system depends on the integrity of its leadership. When the Chair sits under investigation while judging others, that integrity is compromised.
Respectfully,
[Your Signature]
[Your Typed Name]
[Bar Number, if applicable]
[Phone Number]
[Email]
SAMPLE COMPLAINT LETTER #3: OSTERLING'S PROSECUTORIAL MISCONDUCT
[Your Name]
[Your Address]
[City, State ZIP]
[Date]
Hon. Hector D. LaSalle
Presiding Justice
Appellate Division, Second Judicial Department
45 Monroe Place
Brooklyn, NY 11201
**Re: Complaint — Prosecutorial Misconduct and Institutional Failure
Courtny Osterling, Chief Counsel
Grievance Committee for the Ninth Judicial District**
Dear Presiding Justice LaSalle:
I am writing to lodge a formal complaint regarding the leadership and conduct of Courtny Osterling as Chief Counsel of the Grievance Committee for the Ninth Judicial District.
FACTUAL BACKGROUND
Courtny Osterling was appointed Chief Counsel in [YEAR], despite lacking the prosecutorial experience or appellate background necessary for the role. His tenure has been marked by:
- Systematic denial of due process (refusal to accept papers on reconsideration)
- Procedural changes designed to prevent meaningful appeal
- Staff reports of a culture of fear and retaliation
- Discipline at scale, without regard for accuracy or fairness
- Appointment despite the existence of a more qualified candidate (Antonia Cipollone, with 20+ years in the office)
THE VIOLATION
The Grievance Committee is a prosecutorial body. Prosecutors have an ethical obligation to seek justice, not merely to impose discipline. Model Rule 3.8 requires prosecutors to "refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause."
Under Osterling, the committee appears to operate under a different ethic: maximize discipline, regardless of merit.
The refusal to accept papers on reconsideration is not prosecutorial judgment. It is obstructionism. It is designed to prevent meaningful review of committee decisions, not to ensure accuracy.
SYSTEMIC CORRUPTION
Multiple respondents have reported similar treatment. The committee's systematic denial of due process suggests that Osterling has implemented office-wide policy to prevent reconsideration and appeal. This is not prosecution. It is conveyor-belt discipline.
The fact that Osterling was appointed despite a more qualified candidate being available raises questions about the appointment process itself. Was this appointment made to implement a particular disciplinary agenda? Who pushed for Osterling's appointment, and why?
REQUEST FOR RELIEF
I respectfully request that the Court:
- Investigate Courtny Osterling's leadership of the Grievance Committee, with particular attention to his refusal to accept papers on reconsideration
- Determine whether Osterling's practices violate prosecutorial ethics and due process
- Order Osterling to implement procedures consistent with those in other New York courts (accepting written submissions on reconsideration)
- Consider whether Osterling's continued service is consistent with the Court's commitment to fair attorney discipline
- Conduct a review of reconsideration denials and disciplinary outcomes under Osterling's leadership to identify patterns of abuse
- Reopen any cases in which Osterling's refusal to accept papers prevented meaningful reconsideration
The appointment of Chief Counsel is a critical decision. When that person implements procedures designed to prevent, rather than facilitate, fair review, the entire disciplinary system is compromised.
Respectfully,
[Your Signature]
[Your Typed Name]
[Bar Number, if applicable]
[Phone Number]
[Email]
PART VIII: WHAT HAPPENS NEXT
Will This Work?
Maybe. Maybe not. The Appellate Division, Second Department has appointed these people to power. It is unlikely to admit that it made a mistake.
But the Court is not monolithic. Individual judges read complaints. Individual judges care about institutional integrity. And when enough complaints arrive — from respondents, from staff, from defense lawyers, from the public — the Court cannot ignore them.
The Goal Is Not Individual Relief. The Goal Is Systemic Change.
You may not get your case reopened. You may not get your license back. But if enough people file complaints, the Court will be forced to investigate. It will be forced to confront the reality of what is happening at 399 Knollwood Road. And that investigation, made public, will change the system.
This is how institutions change: not through hope, but through pressure. Not through waiting, but through action.
There Are More of Us Than Them
The Ninth Judicial District Grievance Committee is run by three people: Cipollone (silent), Osterling (enabled), and Yellen (conflicted). Behind them is a court that appointed them and a system that perpetuates them.
But behind that system are hundreds of you: attorneys disciplined unjustly, respondents denied due process, staff members afraid, and defense lawyers watching their clients' futures destroyed.
There are more of us than them.
We have no institutional power. But we have something more: we have the truth, and we have the law. The Appellate Division, Second Department, cannot ignore institutional complaints forever. The Commission on Judicial Conduct cannot ignore reports of judicial misconduct. The public cannot ignore reporting that names names and provides dates.
The question is whether you will act.
PART IX: WHAT POWER YOU ACTUALLY HAVE
The Clerk of the Court Reads Every Letter
When you send a letter to Darrell M. Joseph, Clerk of the Court, that letter is docketed. It becomes part of the Court's official record. It is reviewed by the Court, even if nothing visible happens immediately.
If ten letters arrive, the Court notes it. If fifty letters arrive, the Court cannot ignore it. If hundreds arrive — from respondents, from attorneys, from the public — the Court is forced to respond.
The Investigation That Must Follow
Once a pattern of institutional complaints emerges, the Court has a duty to investigate. It can:
- Demand a report from the Grievance Committee
- Conduct an audit of disciplinary procedures
- Require the committee to explain its policies
- Interview staff members
- Review decisions for patterns of abuse
- Demand statistical data on reconsideration requests and outcomes
All of this becomes public record.
The Pressure That Follows Transparency
When the Court investigates and the problems are documented, they become impossible to ignore. The press (including The Ethics Reporter) will report on the findings. Other judges will learn about the misconduct. Other respondents will realize they are not alone.
And once the problem is named publicly, it becomes politically difficult for the Court to do nothing.
The Staff Who Are Watching
Remember: Ninth District staff members are already donating to The Ethics Reporter. They are already signaling that something is wrong. If the Court launches an investigation, those staff members will be interviewed. They will be asked about the culture, about Osterling's leadership, about the refusal to accept papers.
Some will speak. And once staff members speak on the record to the Court, the denials and coverups become impossible.
PART X: THE LETTER CAMPAIGN — HOW TO DO IT RIGHT
Timing
Send your letter as soon as possible. The Presiding Justice should receive letters within weeks, not months. Delay suggests that the complaints are not urgent. Speed suggests a crisis.
Volume
The goal is not to send one powerful letter. The goal is to send many letters, each documenting a specific violation, each requesting investigation.
If you have been wronged by the Ninth District Grievance Committee: send a letter.
If you know someone who has been wronged: encourage them to send a letter.
If you are a staff member at the committee and you know that procedures are being violated: you can anonymously report to the Court (via an attorney, or through an intermediary, with your permission).
If you are a grievance defense lawyer who has seen the pattern: send a letter on behalf of your practice.
What to Include
- Your specific facts: What did the committee do to you?
- The rule that was violated: What law or procedure did they break?
- The institutional problem: Why is this not an isolated incident?
- Your request for relief: What do you want the Court to do?
- Evidence of pattern: If you know of others similarly treated, mention them
What NOT to Include
- Profanity or excessive emotion
- Unfounded accusations ("Osterling is evil")
- Calls for criminal prosecution
- Demands that seem unreasonable (courts respond to reasonable requests)
- Anonymous complaints without attorney verification (courts require accountability)
Write as an aggrieved professional, seeking institutional accountability, not as an angry victim seeking vengeance.
CONCLUSION: THE MOMENT OF CHOICE
For years, the Ninth Judicial District Grievance Committee has operated in relative silence. Respondents were disciplined. Cases were closed. Appeals were rarely filed (because they led to harsher discipline). The system perpetuated itself, without scrutiny or accountability.
That silence is ending.
Staff members are speaking — through donations to The Ethics Reporter, through conversations with defense lawyers, through the accumulation of small acts of courage.
The system's flaws are being documented — the refusal to accept papers, the conflicted leadership, the denial of due process.
And now, the question is whether those of you who have been wronged will act.
You have power. Not the power of the institution, but the power of the truth. Not the power of formal office, but the power of numbers.
There are more of you than there are them.
Send a letter. File a complaint. Make noise. Make the Court listen.
The system will not change because it wants to. It will change because you force it to.
And if enough of you act, if enough letters arrive, if the pattern becomes undeniable, the Appellate Division, Second Department will have to confront what is really happening at 399 Knollwood Road.
When that moment comes, the architects of this system — Cipollone, Osterling, Yellen — will have to answer for what they have done.
This is your moment. What will you do with it?
APPENDIX: QUICK REFERENCE GUIDE
Who to Contact
Presiding Justice Hector D. LaSalle
Appellate Division, Second Judicial Department
45 Monroe Place, Brooklyn, NY 11201
(718) 875-1300
Clerk of the Court: Darrell M. Joseph
[Same address]
Mail or call with questions about procedure.
What to Send
- A letter (3-5 pages, signed, on good paper)
- Copies of relevant documents (committee decision, correspondence showing denial of papers, etc.)
- Certified mail, return receipt requested
When to Send It
- As soon as possible
- Don't wait for the "perfect" letter
- Courts prefer many adequate letters to one perfect silence
Who Else Should Know
- Your attorney
- Other respondents (if you know them)
- The local bar association
- Grievance defense lawyers in your area
- The media (once you've filed formally)
Final Word
The system is broken. But it can be fixed.
And you are the only ones who can fix it.
Act now.
