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 Glen's 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 Glen's courtroom, hoping to get the hearing which Judge Glen had repeatedly postponed since April. I arrived back in Judge Glen's 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 on 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 a blood 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 Anda's 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 Anda's 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 Kron's 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 had 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 Kristin 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 Anda's attorney had not moved for a change in visitation. Please check the court file and you will find that Anda's 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. Petluka 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 Shamema's 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
samsloan@samsloan.com
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
LAWRENCE S. GOLDMAN, Chair
ALAN J. POPE, Vice Chair
STEPHEN R. COFFEY
COLLEEN C. DIPIRRO
RICHARD D. EMERY
RAOUL LIONEL FELDER
CHRISTINA HERNANDEZ
HON. THOMAS A. KLONICK
HON. DANIEL F. LUCIANO
HON. KAREN K. PETERS
ALAN J. POPE
HON. TERRY JANE RUDERMAN
MEMBERS
JEAN M.SAVANYU
CLERK
NEW YORK STATE
COMMISSION ON JUDICIAL CONDUCT
61 BROADWAY NEW YORK, NEW YORK 10006
212-809-0566
TELEPHONE
212-809-3664
FACSIMILE
www.scjc.state.ny.us
CONFIDENTIAL
November 22, 2005
Mr. Samuel H. Sloan
1664 Davidson Avenue
Apartment 1B
Bronx, New York 10453
Dear Mr. Sloan:
This is to acknowledge receipt by the State Commission on judicial Conduct of your complaint dated November 18, 2005.
Your complaint will be presented to the Commission, which will decide whether or not to inquire into it. We will be in touch with you after the Commission has had the opportunity to review the matter.
For your information, we have enclosed some background material about the Commission, its jurisdiction and its limitations.
Very Truly Yours,
Wanita Gonzalez
Assistant Administrative Officer
Enclosure