New York State Commission on Judicial Conduct
Complaint Form -- Confidential
Download, complete and mail this form to the Commission office nearest
you:
61 Broadway, New York, NY 10006
38-40 State Street, Albany, NY 12207
400 Andrews Street, Rochester, NY 14604
The law requires that complaints to the Commission be in writing and
signed by the complainant. (See Section 44.1 of the Judiciary Law of
the State of New York.) A complaint does not have to be sworn or
notarized. You may submit a complaint by letter or by using this
complaint form. If you submit a letter, please include the kind of
information requested by this form.
Background Information Today's Date:
____November 18, 2005___________
Your Name: ______Samuel H.
Sloan__________________________________________
Address: ______1664 Davidson Avenue, Apt.
1B_____________________________
_______Bronx NY
10453_________________________________________
Home Phone: ______917-507-7226__ Business Phone:
______347-869-2465_____
Are you represented by a lawyer? _____ Yes ___X__ No
Lawyer's Name:
____________________________________________________________
Address:
____________________________________________________________
Telephone:
____________________________________________________________
Complaint Information
Judge's Name: ______________Kristin Booth
Glen_______________________________
Judge's Court: _____Supreme Court_______ County: ______New
York____________
Date(s) of Incident(s): _________September 4,
1986______________________________
Details of Complaint:
Below and on the back of this sheet, describe the alleged misconduct.
Include as much detailed information as possible, such as what
happened, where and when; the names of witnesses; who said what to
whom, and in what tone of voice; etc. Use additional sheets if
necessary.
Notarized Affidavit detailing the alleged misconduct is on the
attached sheets
Complainant's Signature:
___________________________________________________
STATE OF NEW YORK )
) ss:
COUNTY OF BRONX )
1. I hereby request that disciplinary proceedings be brought against
Judge Kristin Booth Glen. Although the incident in question occurred
19 years ago, Judge Glen has just been elected to the position of New
York Surrogate. I believe that Judge Glenfs misconduct in September
1986 was more than mere misconduct. It was a crime for which Judge
Glen should be punished with some years in prison. Because of the
actions of Judge Glen, I was prevented from seeing two of my children
until they became adults, and I was forced to flee the country with my
mother and my one remaining child, because Judge Glen was in league
with a gang of kidnappers who were trying to kidnap my daughter and my
mother.
2. I believe that Judge Glen should not be allowed to take public
office as a New York Surrogate. She is clearly disqualified from
assuming such an important and powerful position. Accordingly, I
request an immediate hearing and disposition of this matter, prior to
January 1, 2006, the date when Judge Glen is scheduled to take office.
3. The cases are Sloan vs. Sloan, 36654/1980 and Sloan vs. Sloan,
8485/1986, Supreme Court, New York County. Until yesterday, the
original court file on Sloan vs. Sloan, 36654/1980 was scheduled for
destruction. I was able to get the Clerk of New York County to have
the case file brought back from Philadelphia, where it was being
microfilmed as a preliminary to the shredding of the file. I reviewed
the file yesterday and copied the attached order signed by Judge Glen.
I request that the New York State Commission on Judicial Conduct take
control of the original file, to safeguard against it being shredded.
4. This case was pending before Judge Kristin Booth Glen from April to
September, 1986. Attached hereto is the only order Judge Glen ever
signed in the case. It states:
"I am recusing myself from this hearing and motion & case because it
would be inappropriate to sit as a judge for the support and
visitation hearings involving Mr. Sloan when I took some part in his
arrest in this courtroom on September 4, 1986. I believe it would not
be fair to Mr. Sloan to have the same judge who witnessed his arrest
for custodial interference, also decide the pending visitation issues.
Accordingly this action is referred to IAS Trial Support Office for
reassignment to another IAS Part."
KBG
5. The above court order greatly misrepresents what really happened.
What really happened was that Judge Glen herself called the New York
City Police and told them to arrest me. She said that she had done
this on the basis of a telephone call she said that she had just
received from "Judge Larry Janow" of Amherst, Virginia. I was arrested
and taken to the police station on Elizabeth Street in Chinatown, but
I was released only two hours later when the police discovered that I
had committed no crime, there was no warrant for my arrest and they
had no grounds to hold me. I immediately returned to the courthouse on
60 Centre Street and went to Judge Glenfs courtroom, hoping to get
the hearing which Judge Glen had repeatedly postponed since April. I
arrived back in Judge Glenfs courtroom before 4:00 PM, but Judge Glen
had already gone for the day and her courtroom was empty.
6. I realized that I was dealing with crazy, lunatic, mentally
disturbed judges and that I dare not return to her courtroom, as I
would not only not get my two children back, but I would lose my one
remaining child, Shamema. This left me with no choice but to flee the
country with my one remaining child, Shamema, age 4. I had to abandon
all hope of seeing my daughter Mary again and to this day, 19 years
later, I have never seen her again, although I am talking to my other
child, Peter, on the phone right now while I am typing this.
7. The actions of Judge Glen including receiving a telephone call
about me while a hearing was taking place and then on the basis of
this telephone call calling to police and having me arrested was a
clear violation of numerous provisions of the Code of Judicial Conduct
including Section 100.3 (B) (6) of that code, and of the Rules of the
Appellate Division, First Department (22 NYCRR 701.2[a], [c],
701.4) ("First Department Rules"); and Judge Glen should be
disciplined for cause, pursuant to Article 6, Section 22, subdivision
a, of the New York State Constitution and Section 44, subdivision 1,
of the Judiciary Law. She should not be allowed to take office as New
York Surrogate.
8. The Canons of Judicial Conduct, 22 NYCRR 100.3 (B) (6), provide:
A judge shall accord to every person who has a legal interest
in a proceeding, or that person's lawyer, the right to be heard
according to law. A judge shall not initiate, permit, or consider ex
parte communications, or consider other communications made to the
judge outside the presence of the parties concerning a pending or
impending proceeding
9. Obviously, Judge Glen did more than merely "consider"
communications made ex-parte. She actually ordered me to be arrested
in the basis of what she had heard on the telephone and she cancelled
a hearing which had been pending since April, 1986.
10. Common sense should have dictated that Judge Glen not call the
police and have me arrested. Rather than call Judge Glen, the caller
could have called 911. Anybody can call the police. There are police
officers all over the courthouse. The fact that I had not committed an
arrestable offense should have been evident.
11. As background as to how this case came before Judge Glen, in 1981
there was a two day trial before Supreme Court Judge Alfred Ascione.
At that time, counsel for my ex-wife was the Law Firm of Parker
Duryee. (As an aside, I have recently learned that Parker Duryee was a
man who was a close associate and blood a relative of a railroad
tycoon named Sam Sloan, who was one of the richest men in America. I
believe that Parker Duryee thought that I was a descendant of that Sam
Sloan and that I had a lot of money. That law firm certainly spent an
extra-ordinary amount of time and effort litigating this case, and
this produced a voluminous case file which I am asking this body to
review.)
12. When Parker Duryee finally realized that I had no money, they
dropped the case. In 1982, my ex-wife remarried and moved, leaving no
forwarding address. For the next three years I was unable to locate my
children. I finally found them in 1985 when I found Andafs name in a
parking violations computer in the Kings County Supreme Courthouse.
Judge Ascione had awarded me two hours weekly visitation with my
children, Peter and Mary, which I had been unable to exercise because
I did not know where they were. Thereafter, Anda did allow me to visit
the children five times in 1985, but then cut off visitation again. As
a result, I filed a petition in Brooklyn Family Court to enforce my
visitation rights.
13. On the scheduled hearing date in Brooklyn Family Court, my ex-wife
Anda arrived with her new attorney, Walter Anderocci. While waiting
for my case to be called, Anderocci called the police, who arrested
me. This was obviously a tactic to stop the hearing from taking place.
I was put in a police van and transported to Manhattan Supreme Court,
where I was brought before Judge Schackman in case number 36654/1980.
Judge Schackman eventually ordered my release. I asked that he hear
the underlying question of Andafs violation of the order of Judge
Ascione by denying my visitation rights, but Judge Schackman then
disqualified himself from hearing my case.
14. I rushed back to Brooklyn Family Court, but they said that my case
there had been dismissed due to my non-appearance when the case had
been called, as I had been in jail.
15. On April 14, 1986, filed a habeas corpus petition in Brooklyn
Supreme Court, Sloan vs. Sloan, Index No. 8864/1986. My petition was
signed and a hearing was held before Judge Kron. I testified at the
hearing but the judge told me that I should try to get along with my
ex-wife. An observer in the courtroom stated that the judge had
handled the highly contentious matter "with aplomb", but I found Judge
Kronfs statement to be ridiculous and stupid, because I was trying my
best to get along with my ex-wife; but she was obviously not willing
to get along with me. She had violated the writ of habeas corpus by
not bringing the children to court as required by the order and she
has expressed no willingness to allow me visitation with the children.
Nevertheless, Judge Kron dismissed my petition.
16. The reason I had filed these habeas corpus cases in Brooklyn was
that my ex-wife Anda was now living in Brooklyn with my children,
Peter and Mary. After Judge Kron dismissed my petition there, I filed
another habeas corpus petition in Manhattan Supreme Court where Judge
Ascione had ordered that I have two hours weekly visitation. The name
of this new case was Sloan vs. Sloan, Index No. 8485/1986. It was
assigned to Judge Kristin Booth Glen, who was handling matrimonial
cases at the time.
17. Although my habeas corpus petition, which I am requesting that you
review, described in horrifying detail not only the fact that my
ex-wife was contumacious in refusal to comply with the order of Judge
Ascione, but also the fact that she was abusing and neglecting the
children, Judge Glen refused to sign my habeas corpus petition. This
is another grounds for this complaint to the New York State Commission
on Judicial Conduct, because under the circumstances of this case and
under CPLR 7003 Judge Glen was required by law to sign such a
petition.
18. Instead, Judge Glen scheduled a hearing in Case no. 36654/1980 and
at the first hearing, Judge Preston Booth Glen ordered both Anda and I
to submit to psychological testing and evaluation. This was ridiculous
because I had already been awarded two hours weekly visitation with
the children and there was no dispute about the fact that Anda was
refusing to comply with the court order. Therefore, there was nothing
to be done except either hold Anda in contempt, or give me custody of
the children or possibly admonish her and give her another chance to
comply. Instead, by ordering psychological testing, Judge Glen was
reopening the entire matter of giving me visitation with the children.
She did this even though Andafs attorney had not moved for a change
in visitation. Please check the court file and you will find that
Andafs counsel filed nothing, zero, in writing.
19. Judge Glen referred this matter to Martha Petluka of the Office of
Family Services in the Supreme Court Building. (That office ceased to
exist when Mrs. Petluka retired a few years later.) Mrs. Petulka
required us both to hire a psychologist named Dr. Richard Bennett, who
would evaluate us. The fee we were required to pay was one thousand
dollars each in advance.
20. Dr. Bennett arranged to see me with my children, Peter and Mary,
in his office on August 6, 1986. This was to prove to be a significant
date because I brought to this meeting my other daughter, Shamema, who
I had been raising as a single parent after Shamemafs mother,
Honzagool, had gone back to her native Pakistan when Shamema was only
nine months old and had never returned. By bringing Shamema to this
meeting with Peter and Mary, the three half-brothers and sisters got
to meet each other for the first time. All three children vividly
remember this event to this day, even though they were only 7, 6 and 4
years old at the time. They were never to see each other again until
they were adults, when they got back together.
21. However, it was because of this meeting in the office of Dr.
Richard Bennett on August 6, 1986 that the proverbial s hit the fan
and all h broke loose because when I brought my daughter, Shamema,
back to Virginia that evening I received a call from my attorney in
Virginia, Steve Martin, who informed me that both Anda in New York and
Shelby Roberts, the baby sitter I had hired in Virginia to take care
of Shamema in the absence of her mother, were enraged and angry that I
had introduced the brothers and sisters to each other. I was astounded
by this development because I had not told either of them or indeed
anybody at all, not my lawyer, not anybody, that I was taking Shamema
to New York to meet her brother and sister. This entire operation had
been conducted in top secrecy. Also, as far as I knew, Anda and Shelby
Roberts did not know about each other and did not even know that the
other person existed. I now realized that Anda and Shelby were in
contact with each other, which was extremely upsetting because I had
hidden Shamema with Shelby Roberts for the express purpose of hiding
and protecting Shamema from Anda, because Anda had invited to her home
a man named Raja Eshan Aziz who wanted to kidnap Shamema and take her
to Pakistan. Raja Eshan Aziz was a close associate of Khalid Shaikh
Mohammed who was later named the mastermind of the World Trade Center
Bombing. Honzagool, the mother of Shamema, had been married to the
brother of Raja Ehsan Aziz after her return to Pakistan.
22. Because I now realized that Anda and Shelby Roberts were in
contact with each other, I did not bring Shamema to court with me on
September 4, 1986, because I was apprehensive that something would
happen. My fears were proven justified. Instead, I hid Shamema with my
friend Sayed Durali Shah in Far Rockaway, Queens, New York and his
wife and eight children there. My daughter still vividly remembers
being left with that family on that day, even though she was only four
years old at the time. Shamema was upset that my mother and I did not
take her with us on that day and cried all day long until we returned.
I have often stated that if the arrest ordered by Judge Kristin Booth
Glen on September 4, 1986 had held up, I would never have revealed the
location of Shamema and that Sayed Durali Shah, who I had met in
Afghanistan, would have protected Shamema in the Afghan tradition and
raised her to adulthood.
23. My fears proved to be well founded, as Judge Kristin Booth Glen
stated in open court on September 4, 1986 that if I had brought my
child to court on that day she was going to have the child detained
and sent to Virginia, where without my knowledge Charles and Shelby
Roberts had filed a custody petition on August 27, 1986, one week
earlier.
24. I have explained this background so that you can understand that
the situation was so severe that it became necessary for me and my
mother to flee the country to get away from Judge Kristin Booth Glen.
My daughter has since grown up and joined the United States Marines. I
have often told her that if I had not left her with Sayed Durali Shah
and his eight children on that fateful day, Shamema still would have
fought the War in Afghanistan. The only difference would have been
that instead of fighting on our side, she would have been fighting on
the other side, as her mother is an ethnic Afghan.
25. The main point here is that by accepting a telephone call in the
middle of a scheduled hearing on September 4, 1986 and then by calling
the police and ordering them to arrest me, Judge Kristin Booth Glen
placed the entire lives of my family in jeopardy. Of course, I realize
that Judge Kristin Booth Glen could not possibly have known that by
her actions she could be delivering my daughter, Shamema, into the
hands of the man since named as the mastermind of the attack on the
World Trade Center on 9-11. However, Judge Kristin Booth Glen
certainly did know that she was engaging in an outrageous violation of
the Code of Judicial Conduct by accepting a telephone call from
anybody while a hearing before her was in progress and then calling
the police and telling them to arrest me. This violation is so serious
that Judge Kristin Booth Glen should be removed as a judge and not
allowed to take office as New York Surrogate on January 1, 2006.
26. I have learned that Judge Glen got on the ballot by surviving a
close and hard-fought primary contest in which she narrowly defeated
her opponent by just a few votes. Several other persons made charges
of misconduct against Judge Glen at that time, but they were
apparently ignored by the voters. I wish to point out and emphasize
that I was not involved in any political way in that election. I know
nothing of her adversary. I did not even know that Judge Glen was
running until after the primary was over. If I had known, I would
certainly have gone out and campaigned heavily against her as did
several other former litigants who had been mal-treated by Judge Glen.
27. The date was September 4, 1986, a date I remember well because of
the events which changed the lives of my family and especially my
children on that date.
28. On that date a final hearing had been scheduled for the custody of
my two children, Peter and Mary, in the New York Supreme Court at 60
Centre Street. My ex-wife Anda had been refusing for more than a year
to comply with a court order giving me two hours of weekly visitation
with my children, since she had remarried. I had filed several
petitions for habeas corpus with respect to these children. In
violation of CPLR 7003, Judge Glen had refused to sign the petition.
She had postponed the matter several times over a period of months.
She had ordered me and my ex-wife to submit to examination by a
psychologist, Dr. Bennett, who had charged us each $1000. Dr. Bennett
was supposed to have his report ready in time for the hearing, which
was scheduled for September 4, 1986.
29. I brought my mother, Dr. Marjorie Sloan, who was an eminent and
distinguished child psychiatrist, with me to the hearing. When the
case was called, the attorney for Anda, Walter Anderocci, stated and
indeed insisted that he needed urgently to speak in private to the
judge.
30. Judge Glen refused to agree to this. When Anderocci persisted,
Judge Glen told him that she found his conduct objectionable.
31. At about that time, the clerk informed the judge that she had
received a telephone call. Judge Glen went back into chambers to
receive this call. When she returned some time later, she stated that
she had received a call from "Judge Larry Janow" in Virginia. Judge
Janow had stated that he was the judge in the case of the custody of
another of my children, Shamema, aged 4. Charles and Shelby Roberts,
who were unrelated to the child, had filed a petition for the custody
of the child. Judge Janow wanted the child removed to Virginia. Judge
Glen had stated that she had seen me with a four year old child when I
had come to her courtroom to check on the status of the case the
previous day. Judge Glen had concluded that this was the same child
that Judge Janow wanted. Therefore, Judge Glen had called the police
and ordered my arrest. As a result, she was disqualifying herself from
the case.
32. As Judge Glen was explaining all this, I turned around and found
several New York City Police Officers standing behind me. Walter
Anderocci stated that he had arranged for my mother to be transported
to my brother, Creighton's, house in North Carolina. My mother replied
sharply that she wanted nothing to do with Creighton. She preferred to
go to jail with me, she said. With that, the New York City Police
Officers carted us off to the Police Station on Elizabeth Street in
Chinatown and locked us up in jail.
33. Only about two hours later, however, the police unlocked the doors
to the jail cells and let us out. They stated that they had been on
the phone with the Commonwealth Attorney in Amherst County, Virginia
and had learned that there was no warrant for our arrest and that
Charles and Shelby Roberts did not have legal custody of my daughter.
They also said that the silly assed judge had no right to order us
arrested and her order meant nothing. Therefore, they were letting us
go. They specifically referred to Judge Kristin Booth Glen as a "silly
assed judge". That was their exact words.
34. My mother and I immediately went back to the same courtroom where
we had been arrested a few hours earlier. It was not yet 4:00 PM and I
was still hoping to get the hearing that had been delayed for nearly a
year for custody or visitation with my two children, Peter and Mary
Sloan. However, Judge Kirstin Booth Glen had left the courthouse. The
courtroom was empty.
35. What Judge Glen did was plainly illegal. Because of what Judge
Glen did, I realized that the situation was unsafe for me, my mother
and my daughter. Judge Janow had not told Judge Glen that Charles and
Shelby Roberts had only filed for custody on August 27, 1986, one week
earlier. No hearing had been held on the matter. There was no
jurisdiction in Virginia because neither the child nor either of the
parents of the child had been in Virginia since the time of filing.
The mother of the child was in Pakistan and I, the father of the
child, was in New York. In any event, the courts of Virginia had no
jurisdiction because the custody of the child had already been decided
by Judge Anthony Mercorella of the Bronx Supreme Court in Sloan vs.
Awadallah, 17815/1981. Virginia had no jurisdiction to modify this
award.
36. Had I been allowed to speak, I could have addressed these issues
and demonstrated that what I was saying was factually correct.
However, Judge Kristin Booth Glen had given me no opportunity to say
anything. Based on nothing more than a telephone call from a person
she did not know, she had called the police and ordered my arrest. She
had also cancelled the custody hearing which had been pending for
nearly a year.
37. Realizing that both Judge Glen and Judge Janow were acting
crazily, it was clear that my family was in imminent danger.
Therefore, my mother decided that she had no choice but to flee the
country. I agreed to go with her, as I had already been scheduled to
go to Argentina as the chess trainer and manager for the Polgar
Sisters. My mother had never had a passport in her life, because she
had been born in a rural area of Iowa in 1910 and no birth certificate
had ever been issued for her. Nevertheless, she managed to convince
the US Passport Office in Rockefeller Center to issue a passport for
her and off we went to Rio Gallegos, Argentina.
38. Soon thereafter, we discovered that my brother Creighton had
frozen all the bank accounts of our mother and had cancelled her
credit cards, so she had no funds to travel on or to live on. I soon
figured out what should have been obvious all along that Creighton was
the mastermind of this entire plot. Creighton had known both Anda and
Charles and Shelby Roberts and had introduced them to each other. That
is how Judge Janow in Virginia had known that a custody hearing had
been scheduled with respect to my other children in New York in
September 4, 1986.
39. We soon became aware that Charles and Shelby Roberts were
feverously trying to kidnap my daughter Shamema and Creighton was
trying to kidnap his own mother. My mother, my daughter and I became
vagabonds traveling from country to country without funds. Went to
Argentina, Brazil, Paraguay, Spain, France, Austria and Hungary.
Eventually, we reached Dubai, United Arab Emirates, where I got a job
working as a journalist for a newspaper, the Gulf News. I earned
enough money that we were able to survive until I was able to open a
computer business there.
40. Exactly four years later, on September 3, 1990, Creighton finally
succeeded in having his mother kidnapped in Bangkok, Thailand and
brought back to America, where he had her locked up until she died 12
years later, in 2002. Creighton looted her bank accounts, stealing
more than one million dollars in her funds. Shamema was kidnapped on
October 7, 1990 in Fujairah, United Arab Emirates and was brought to
Virginia where she was held prisoner by the Roberts for ten years
until she became of legal age, when she joined the US Marines, and
went to fight in Iraq.
41. My children, Peter and Mary Sloan, who were the subject of the
custody proceeding that was supposed to have been heard on September
4, 1986, never got to see their father again. My daughter Mary, who is
now 26, refuses to see me because she believes that I abandoned her
when she was a child. She thinks that I just stopped coming to see
her. She does not realize that her mother cancelled all visitation
when she remarried and that I went to court more than 50 times and
filed three habeas corpus petitions and two family court proceedings
all in a fruitless attempt to see her.
42. My son Peter recently established contact with me because he has
become a chess master and sees me at chess tournaments. At the same
time, he had no contact with his father at all from 1982 until he
became an adult, except for a few visits that were allowed in 1985.
43. My children have suffered problems because of having no father. In
spite of bring bright and talented, scoring in the 99 percentile on
standardized tests, they have a history of failure and near failure in
school and being left back. They both have serious problems which they
might not have had it not been for the actions of Judge Kristin Booth
Glen.
44. The actions of Judge Glen were illegal. If there were valid
grounds for having me arrested, Judge Janow could simply have
contacted the police in Virginia where he was a judge and the police
could then have contacted the New York City Police who would then have
come to the courtroom and arrested me. This is obvious. Accordingly,
Judge Glen should have realized that the call was bogus. Judge Glen
simply had no right to call the police and have me and my mother
arrested.
45. CPLR 7003 c provides for penalties for this violation.
7003. (c) Penalty for violation. For a violation of this
section in refusing to issue the writ, a judge, or, if the petition
was made to a court, each member of the court who assents to the
violation, forfeits to the person detained one thousand dollars, to be
recovered by an action in his name or in the name of the petitioner to
his use.
46. The actions of Judge Kristin Booth Glen on September 4, 1986 have
had a devastating impact on my life and the lives of my children and
they were illegal. Accordingly, Judge Glen should be removed as a
judge, disbarred from the practice of law and not be allowed to take
office as New York Surrogate on January 1, 2006.
WHEREFORE, I hereby request and prey that Judge Kristin Booth Glen be
removed as a judge, disbarred from the practice of law and not be
allowed to take office as New York Surrogate on January 1, 2006.
___________________________
Samuel H.
Sloan
1664 Davidson
Avenue, Apt. 1B
Bronx NY 10453
[EMAIL PROTECTED]
http://www.samsloan.com/notoglen.htm
917-507-7226
347-869-2465
___________________________
Samuel H.
Sloan
Sworn to before me this 18th Day
of November, 2005
_______________________________
NOTARY PUBLIC
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