Professional Documents
Culture Documents
Augusts, 2015
' Marcia Coyle. "Ginsburg On Rulings, Race," The National Law Journal. August 22, 2014.
hnp://www.nationallawioumal.conx-^id=f202667692557/Ginsbura-On-Rulings-Race?slretum=20150708122918.
("The high court was "once a leader in the world in rooting out racial discrimination,' the justice said in a wide-ranging
interview. 'What's amazing is how things have changed.'")
^ See e.g.. Scott Clement. " A Year After Ferguson, 6 out of 10 Say Changes Are Needed To Give Blacks and Whites
Equal Rights." The Washington Post. August 5, 2015.
http:/'/www.washingtonpost.com/news/therix/wp/2015/08/05/what-changed-since-ferguson-ameri cans-are-far-more-worried-about-black-rights/.
^ This is a violation of the S"*", T**" and 14* Amendments of the U S Constitution. I've never had an oral hearing or had
the opportunity to speak under oath in this entire case. As a pro se litigant, I am barred from arguing this case before
the Supreme Court. See e.g., Joe Patrice. "R.1,P. Pro Se Litigants Before The Supreme Court." .Above The Law, July
1, 2013, http://abovethelaw.com/2013/07/r-i-p-pro-se-litigants-before-the-supreme-court/.
" The letter is written as if written by the Clerk of Court, but the letter is signed by Case Analyst Erik Fossum
' 1 included the full document that was filed as "E.xhibit 31" in my Motion to Disqualify. 1 only included the cover
page and first page that was submitted by the Willie Gan,- Law Firm. The full document be viewed at
www,meagainstiniquitv.wordpress,com
or
https://www.scnbd.coni^'doc/93697362./Rowe-Entertainment-Inc-vWilliam-Morns-Agencv-et-al-98-8272-Breakdown-of-Racial-Epithets-Including-Nigger-Used-By-Execs-at-WMAand-CAA.
I learned that Christian Carbone was married to an executive at the American Arbitration Association - Sasha
Angelique Carbone. Christian, Loeb cS: Loeb LLP and the A.AA failed to disclose this information to myself and/or
the Court. This creates a gross conflict of interest since the appointed "arbitrator" - Schnader LLP attorney and .AAA
board of director Timothy K. Lewis - works closely with Mrs. Carbone as members of the AAA's "Diversity
Committee."
' Leonard Rowe submitted a Fed. R. Civ. P. 60 Fraud Upon the Court Motion on March 2, 2012. Federal judge Robert
P, Patterson never compelled William Morris and Loeb & Loeb LLP to submit a reply.
* Although 1 filed a joint complaint with Leonard Rowe before Arbitrator Gregory admitted "Exhibit 31" into the
evidence of record, 1 also filed an individual complaint against Christian Carbone after learning about his marriage to
Sasha Carbone on November 13, 2014. See Exhibit C. ~
' P. Kevin Castel sits as the head of the Grievance Committee for the Southern District of New York. Rule 8.3(a) of
the New York Rules of Professional Conduct states that any lawyer who knows that another lawyer has "committed
a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty,
trustworthiness or fitness as a lawyer shall report such knowledge to a tribunal or other authority empowered
to investigate or act upon such violation." (emphasis added)
Supreme Court Rule 39.4 states: "When the documents required by paragraphs I and 2 of this Rule are presented
to the Clerk, accompanied by proof of service as required by Rue 29, thev will be placed on the docket without the
payment of a docket fee or any other fee."
" Daring the initial call, Fossum told me that I could not submit this type of Motion to the Court. I stated that due to
the unique circumstances of the case, this Motion should have been accepted by the Court, even if this type motion is
not typically filed. He then told me that I could resubmit it He also stated that the Motion to Disqualify could not be
submitted since I had not paid the filing fee. After 1 thought about what he stated, I called him back a few minutes
later. During the second call, I inquired about the whereabouts of the other 9 Motions to Disqualify that I submitted.
Fossum informed me that all of my Motions to Disqualify were discarded and stated that 1 only needed to submit three
copies of the Motion to Disqualify. The fact that Fossum told me I can resubmit the Motion to Disqualify means that
my Motion should have never been returned to me by the Court This alone raises doubts about the Court's
competence and ability to remain impartial.
Aside from the only lawfijlly appointed arbitrator David L. Gregors', who issued a Partial Final Award on December
17, 2013, concluding that 1 proved by a "preponderance of evidence" that "William Morris Endeavor Entertainment
LLC discriminated against [me] in violation of pertinent federal, state, and local law prohibiting
None of my legal arguments have changed. I f I've demonstrated "good cause" for an extension, it is clear that my
legal arguments have never been "frivolous" and I'm not engaging in "bad-faith" conduct for trying to uphold the
public policy goal the Civil Rights Act of 1964: eradicating racial discrimination in the workplace against African
Americans, Castel should not have revoked my in forma pauperis status and prejudiced my appeal by stating that it
would not be made in "good faith," Additionally, the Second Circuit should not have concluded that my appeal lacked
an arguable basis in law or in fact and they also should not have denied my appeal without providing an ethical judicial
opinion.
In his motion papers before this Court, Mr. Washington raises the same, previously rejected argimient
that he has raised in other fora; that a 'white/'Jewish'" conspiracy, o f which W M E , its competitors, its
counsel, and members o f the federal judiciary are purportedly members, exists to prevent him from
finding emplo>TOent in the entertainment mdustiy. See, e.g., Pet. Mot. at 15 ("[i]t cannot be disputed
that 'Jews' o f European descent are overrepresented in positions o f power in Hollywood"); id at 20
("no one group should have a monopoly over Hollywood and the maiketplace o f ideas - especially
those who falsely proclaim to be 'God's chosen people.'") Mr. Washington's argument is without
basis in law or in fact; serves only to harass and impugn the integrity of the lower courts.
Respondents, and their counsel; and underscores the frivolous nature of any petition that M r .
Washington would file with this C o u r t . ( e m p h a s i s added)
Zweig is fully awaie that I have accused Wilham Morris o f intentionally engaging m a pattern and
continuing practice o f excluding quaJified African Amencans and people o f color from Agent, Coordinator
and Agent Trainee positions spanning more than 110 years, maintaining "ostensibly neufral" employment
practices, policies and procedures that create a glaring disparate impact against qualified African Americans
from being hired and/or promoted to Agent and using race, color and/or perceived national origin as a
"motivatmg factor" in their refusal to hire and/or promote to Agent afrer submitting ray resume and cover
letter to the company after graduating with my Masters in Music Business and Entertainment Industiies
from the University o f Miami in .May o f 2008.
One o f the reasons why 1 was happy about addressing my application to Justice Sotomayor, is due to the
fact that she has always acknowledged the reality o f racism m our society. Although 1 ended up addressing
my application to the wrong Justice, I am still foitunate because you have spent your entire career also
being vocal about the realities o f global white supremacy (racism) throughout our multicultural society. In
Adarand Constructors. Inc. v. Pena. 515 U.S. 200, 273-274 (1995), you stated in your dissent:
"The persistence of racial inequality...and discrimination's lingering effects...are evident in our
workplaces, markets, and neighborhoods Job applicants with identical resumes, qualifications, and
interview styles still experience different receptions, depending on their race. White and AfricanAmerican consumers still encounter different deals. People o f color looking for housing still face
discriminatory treatment by landlords, real estate agents, and mortgage lenders. Minority
entrepreneurs sometimes fail to gain contracts though they are the low bidders, and they are
sometimes refused work even after winning contracts. Bias both conscious and unconscious,
reflecting traditional and unexamined habits of thought, keeps up barriers that must come down
if equal opportunity and nondiscrimination are ever genuinely to become this country's law and
practice."'^ (emphasis added)
1 was 10 years old when you wrote this dissent. 13 years later, I was hired into William Morris'
"competitive" Agent Trainee program, only to discover that 1 was the only African .American employed in
the Agent Trainee program and that Afiican Americans had zero percent chance o f being promoted to
Michael P. Zweig and Loeb & Loeb LLP have used this same deceptive tactic in Rowe
This quote was included on page 36, footnote 92 of my Motion To Proceed In Forma Pauperis.
^* Tony Mauro. "Ginsburg, Other Justices Head Overseas During Summer Recess." National Law Journal. August 4,
2015. http://www,law,com/sites/articles/20]5/08/04/ginsburg-other-iustices-head-overseas-during-summer-recess/',
Lewis is a former federal judge and current attorney at Schnader Harrison Segal & Lewis LLP,
htrp://www,schnader,com/professionals/x.prProfessionalDetailsSchnader.aspx?xpST=ProfessionalDetail&profession
al=142. He is also a board of director for the AAA, board member of The Constitution Projectand After Lewis was
appointed, I discovered this blog detailing his firm's close relationship with Israel, http://schnaderpittisrael com/. The
blog has not been updated since March 10, 2014, which is after I confronted them.
See e.g.. Josh Rottenberg. "Wall Street investors to Hollywood Talent .Agencies: 'Show Us The Money.'" L . A.
Times. July 10, 2015. http://www.latimes.com/entertainment/envelope/cotow'n/la-et-ct-talent-agencies-privateequity-20150710-story.html. "In 2012, Silver Lake, best known for its investments in tech firms including Skype and
Alibaba, acquired a 31% stake in WME for $200 million, then followed that up last year with a $500-million
investment that increased its stake to 51%. With Silver Lake's backing, in 2013 WME acquired New York-based
sports and media group IMG Worldwide Inc., a S2.4-biilion deal that vaulted the agency over CAA in scale." See
also, William D. Cohan. "The Inside Story of An Emanuel's Big, Risky WME-IMG Merger." Vanity Fair. February
11, 2015. http://wwvv-vanityfair.eom/news/2015/02./wme-img-merger-ari-emanuel.
I have also contacted the Chairman and Chairman Emeritus of Loeb & Loeb LLP on more than one occasion Michael Beck and John T. Frankenheimer - about the fraud engaged in by Michael P. Zweig, Christian Carbone and
others from their firm on William Morris' behalf Both have ignored my correspondence.
The United Nations has declared 2015-2024 to be "The Decade For People of African Descent." Global white
supremacy (racism) must finally be eradicated. hHp://wwvv.un.orB'en/events/africandescentdecade/. On August 28,
2014, the United Nations Committee on the Convention on the Elimination of All Forms of Racial Discrimination
(CERD) "slammed the United States for persistent racial and ethnic discrimination. The watchdog said Washington
has failed to meet hs treaty obligations under the convention, one of only three core human rights accords that the
U.S. has ratified The 18-person panel of experts based its findings on review of official submissions from the U.S.,
reports from numerous civil society organizations and testimonies by U S officials and advocacy groups over several
days of hearings earlier in August." Lauren Carasik. Aljazeera. "United Nations Watchdog Blasts US For Persistent
Racism."
September
8,
2014.
http://america.aljazeera.com/opinions/2014/9/united-nationsracismracialandethnicdiscriminationintheus html
"Before this case, I knew nothing about institutional racism, global white supremacy (racism) or knew anything about
the history of my African ancestors pre-slavery in the Americas - even though f excelled in school and have a
Bachelors in Psychology & Media Management and Masaters in Music Business and Entertainment Industries from
the University of Miami. See e.g., Cheikh Anta Diop, The African Origin Of Civilization: Myth or Realty (1957);
Yosef A.A. ben-Jochannan, .African Origins of the Major "Western Religions' (1970); Tom Burrell, Brainwashed:
Challenging the Myths of Black Inferiority (2010); Jack Gratus, The Great White Lie: Slavery, Emancipation and
Changing Racial Attitudes (1973); OMichael J. Klarman, Unfinished Business: Racial Equity in American History
(2007); Ira Katznelson, When Affirmative Action Was White (2005); J.A. Rogers, Nature Knows No Color-Line
(1952); Rogers, Sex & Race Vol. 1 (1952); Carter G. Woodson, The Mis-Education of the Negro (1933); Malcolm X,
The Autobiography of Malcolm X (1964). Currently reading John G. Jackson's Introduction to African Civilization,
1970; Ivan Van Sertima, They Came Before Columbus: The African Presence in Ancient .America. 1976, T. Owens
Moore, Ph.D., The Science ofMelanin: Dispelling the Myths. 1995; R. A. Schwaller deLubicz. Sacred Science. 1961,
John G. Jackson, Introduction to African Civilizations. 1970.
In addition to an original and ten copies of this letter, I have also enclosed the original and copy of the Motion to
Disqualify that Scott S. Harris and Erik Fossum returned to me in the Supreme Court's attempt to obstruct justice and
violate my constitutional right to due process and equal protection under the law.
Exhibit A
No.
IN THE
CERTIFICATE OF SERVICE
I - pro se litigant Marcus Isaiah Washington - certify pursuant to Rule 29 of this Court,
that on July 19, 2015, 1 served the ^vithin M O T I O N T O D I S B A R M I C H A E L P. Z W E I G ,
CHRISTIAN CARBONE, MICHAEL BARNETT & OTHERS AND IMPOSE E X T R E M E
DISCIPLINARY AND MONETARY SANCTIONS AGAINST LOEB & L O E B L L P FOR
E N G A G I N G IN AN I N T E N T I O N A L " P A T T E R N " O F " F R A U D UPON T H E C O U R T " A N D
B A D F A I T H L I T I G A T I O N and M O T I O N F O R L E A V E T O P R O C E E D IN F O R M A P A U P E R I S
&. A P P L I C A T I O N T O J U S T I C E S O N I A S O T O M A Y O R F O R A N E X T E N S I O N O F T I M E T O
F I L E A P E T I T I O N F O R A W R I T O F C E R T I O R A R I on counsel for respondent - Michael P.
Zweig of Loeb & Loeb L L P , 345 Park Avenue, 18"^ Floor, New York, New York, 10154 - through
the United States Postal Service by first-class mail.
Exhibit B
R O W E E N T E R T A I N M E N T , I N C . et al.,
NO. 9 8 - C V - 8 2 7 2 ( R P P )
Plaintiffs,
vs.
T H E W I L U A M MORRIS A G E N C Y , INC.
ET AL.,
Defendants
EXHIBITS TO
P L A I N T I F F S ' MEMORANDUM O F L A W
IN OPPOSITION T O B O O K I N G A G E N C Y D E F E N D A N T S '
M O T I O N F O R SUMMARY J U D G M E N T
VOLUME II
DGOLDFARB
DGROVER
DGROVER
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DGROVER
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DTENZER
DTENZER
DTENZER
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DWATTS
DWATTS
DWATTS
DWATTS
DWATTS
DWATTS
B3ERSON
EGFRSON
EGERSON
EGERSON
EGERSON
EGERSON
ELEVY
RFW
FSALINAS
FSALINAS
FSAUNAS
FWHITEHEAD
FAMHITEHEAD
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GGURROLA
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GPUUS
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GROTH
GROTH
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GWATERS
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HELPDESKTEMP
HELPDESKTEMP
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IPINCUS
IPINCUS
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monkey
spade
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monkey
colored
monkey
negro
nigger
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colored
monkey
negro
nigger
spade
spook
cotonsd
monkey
negro
nigger
spook
uncle torn
colored
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colored
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spade
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spade
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colored
monkey
negro
spook
colored
spade
cotored
monkey
spade
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monkey
negro
Exhibit C
S U P R E M E COURT, A P P E L L A T E D I V I S I O N
FIRST JUDICLVL DEPARTMENT
DEPARTMENTAL DISCIPLINARY COMMITTEE
61 BROADWAY, 2" F L O O R
N E W YORK, NEW YORK 10006
(212) 4 0 1 - 0 8 0 0
Jorge Oopico
Chief Counsel
D A T E : November 13, 2014
Complainant(s):
Washington
M r . ( ^ ^ s . ( ) Mrs.( )
Last
Address:
Marcus
1
Initial
First
54 Boerura S l w l
Apt. No.
aty
Telephone:
Home: (
646
) 504-6497
New Yoik
11206
State
Zip Code
Business: ^
Carbone
Last
Address:
Telephone:
christian
First
D,
Initial
Home; (_
Apt. No._
New York
New York
10154
City
State
Zip Code
__L_
Business: (
212
) 407-4852
No,
1.
a.
3.
Index No.
Please send AN O R I G I N A L AND ONE COPY of your complaint with enclosures. Please do not send original
documents in your enclosures because we will not return them,
Y o u may copy the enclosed form as many times as you wish, or you may find it online. Our website is:
www.nycourts.gov. Go to the search bar and enter "disciplinary committee." Click on the link which says,
"Departmental Disciplinary Committee."
Y o u may also state your allegations in a letter. We request separate complaint forms/letters for each
attorney in question.
Exhibit D
8/7/2015
^ COURT
U N I T E D
STATES
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No. 15A126
Title:
DocketecJ:
Lower Ct:
C a s e Nos.:
Date
Jul 20 2015
(14-4328)
~--Proceedings
and Orders
Application (15A126) to extend the time to file a petition for a writ of certiorari from July
29, 2015 to September 27, 2015, submitted to Justice Ginsburg.
Jul 24 2015
Jul 29 2015
Application (15A126) granted by Justice Ginsburg extending the time to file until
September 28, 2015.
file;///C:/Users/!Vlarcus/Documents/WASHINGTON%20v.%20WMe/UNlTED%20STATES%20SUPREWE%20COURT/Supreftie%20C^^
Exhibit B
S U P R E M E C O U R T OF T H E UNITED S T A T E S
OFFICE OF THE C L E R K
WASHINGTON, D C 20543-0001
August 17, 2015
Marcus Washington
54 Boerum Street
Apt 6 M
Brooklyn, N Y 11206
R E : Marcus Washington v. WiUiam Morris Endeavor Entertainment L L C . et al.
Dear Mr. Washington:
I am in receipt of your Motion to Disbar Michael P. Zweig, et al.. The practice of this
Court is to rely on the state investigative authorities with respect to alleged attorney
misconduct. Pursuant to Rule 8 of the Supreme Court Rules this Court will take action
when a member of the Bar of this Court has been disbarred or suspended from practice
or when a finding that the member has engaged in conduct unbecoming a member of the
Bar has been made. Y o u might consider contacting the state bar of the state in which the
individual is licensed to see what their complaint procedure is.
Sincerely,
Scott
Enclosures
Harris
Exhibit C
Marcus Luther X
From:
Sent:
To:
Subject:
Cynthra,
I am foUowing up with you regarding my .August 19, 2015 email in which 1 asked you to return my the original and 10 copies of the
.Motion to Proceed In Forma Pauperis that 1 submitted to the Supreme Court on .luly IS, 2015 since diere is no indication that thi=;
pleading was submitted to the Supreme Court. I do not appreciate you ignoring my e-mail when I have contirmation that the e-mail
was read. And given thai T submitted a Motion to Proceed In Forma Pauperis on July 18, 20 i 5,1 do not appreciate you wasting my
money given that I have demonstrated to the Court via a notarized Affidavit that I am living below the poverty level and do not have
the funds to umiecessarily ship large amounts of documents to anyone.
Al-so, f would encourage you to read Analysis; Federal Law of Attorney Coriduct. "Structure of Federal Rules Governing .Attoriiey
Conduct in Supreme CourL" Moore's Federal Practice - Civil. 2015 [littps;;yiingaiione.ssentia]s.lexisnexi,i.conT;\vebcd.'app?aciion=Docum&ntDisplaY&crawlid=l&doctvpe="cii
804+Moore%27s+Federa1+PractJcc+-+C3vi1+804.svn&srctv-pe=smi&srcid=2929
This
text tintlicr supports that the actions of the various clerks of the court, including yourself, constitute an obstruction of justice when you
prevented my .luly 18, 2015 Motion to Disqualify Loeb & Loeb LLP from being resolved by the Justices on the Supreme Court.
Marcus Washisigton
CONFrDENTIAt.rrY N O T I C E : This e-mail li aiismi.'ision. and any documents, files orprevioiis e-mail messages attached to it may contain confidentiai information thai is legally
privileged. I f you arc not the ititcndcd recipient, or a person ic.sponsibic for delivering it to tJie inrcrided recipient, you are hereby notified that any review, discio.sure, copying,
difsiribution or use of any of the uiformalion contained in or attached to thi.s transmission is STKICT1.V PROBTB [TED. I f yon have received this transmi.ssii>n in error, please
imnjediately notity ihe sender. Please destroy the ongmai transmission and its attachments without reading or saving in any manner. Thank you.
Sent:
C O N T I D E K T I A L I T Y N O T f C t : Tiiis c-niail Iransmission, and any documents, tiles or previous c-inail inessages attached to i t m a y contain coniidential infonnation that is legally
privileged. .If you arc ttot tJie intended recipient, or a person responsible for delivering i i t o the intended recipient, you are hereby notified that atty review, disclosure, copyiitg,
distribution or use o f any o f the itifortnation contained in or attached to this ti'airsinis.sion is S T R I C T L Y .PROHIBITED, t f you have received this transtnission in error, plcai4c
immediately notify die sender. Please destroy die original transmission and its attachments without reading or saving in any manner. Thank you.
arguments raised in my Motion to Proceed In Forma Pauperis and Motion to Disqualify are the same argiuncnts that have been raised
in the lower courts.
Best,
Marcus I. Washington
212-365-8287
CONTIDENTLALJTY N O T I C t : : Th.ts e-mail transmission, and any tlocuine&ts, iiles or previous e-mail messages altaeiied to it may coirtain eonlidcnliai information that is legally
privileged. U'yaa arc not the intended recipient, or a person responsible for delivering it to tile intended recipient, you are hereby notified that any review, disclosure, copying,
distribution, or use o f any o f d.te inibtmation contained in or attached to iiiis transimssion is S T R I C I X Y PROHTBTTED. I f you have received ibis n-.ansmission in etror, please
immediately notifS' the sender. Please destroy the original transniission and its aitaclunents without reading or saving in any niiumei. 'I'hank you.
Again, I would like to know when my docket will be updated and correctly reflect the actual pleadings that were submitted on July 18,
2015 and August 8, 2015?
Best,
Marcus Washington
C O N l - I D l i j r . n A t J T Y NOTIC!?: This e-mail M-aiismission, and any documents, tiles or previous e-mail messages aitaeheti to it may contain confidential intbrmation that is legally
privileged. I f you are not the intended recipient, or a person responsible tor deiiveritig it to die intended recipient, yott are hereby notilied that any review, discicvsure. ccspying,
distribuiitm or use o f any of the information contained in or attaclied to diis u-ansmissioo is S T R I C T L Y P R ( f f l l B I T D . i f you have received this trarismis.sion in error, please
iniraediacely notify the sender. Pleirse destroy tiie original tr:tnSinission and its attachments wittiout reading or saving io any manner Tliank you.
Sent:
Sir,
Your motion to Disqualify Loeb & Loeb and or to disbar them was given to me within the last few days and was returned
to you as this Court does not entertain motions to disbar attorneys based on individual requests, we act only upon
written notification from a state that an attorney has been disciplined.
Cynthia
Rapp
Deputy Clerk
Supreme Court of the United States
acknowledge my claims of "fraud upon the Court" despite the pyramid of unrefuted evidence that has been submitted. After the
Supreme Court received my Motion to Disqualify, Loeb & Loeb LLP should have been suspended and given 40 days to respond to my
Motion to Disqualify before being disqualified/disbaired pursuant to Rule 8. The deadline for their response is August 24, 2015, but as
of today, the Supreme Court and/or Justice Ginsburg has not acknowledged this Motion or confirmed the deadline in which Loeb &
Loeb LLP is to respond. The entire purpose for requesting the extension, was so diat my Modon to Disqualify would be resolved since
the federal judge P. Kevin Castel and the Second Circuit refused to do so.
On July 29, 201 5, Justice Ginsburg concluded that I demonstrated "good cause" for an extension to submit my petition for a writ of
cerdorari, but made no mention of my Motion to Disqualify. As discussed in my August 8, 2015 letter, Justice Ginsburg's decision
clearly demonstrates that my appeal did not "lack an arguable basis either in law or in fact" and supports that my claims have never
been "frivolous" since none of my legal arguments have changed. I f that were Une, she would have never granted dre extension since
less than 1 percent of petitions filed each year are submitted and extensions are rarely granted.
Since the collecUve actions of the Supreme Court's staff could be considered an obstiTiction of justice, I would like to know when my
docket will be updated and correctly reflect the actual pleadkigs that were submitted on July 18, 2015 and August 8, 2015? I also
would like to know when the Justices are going to resolve my Motion to Disqualify, because if not, diere is absolutely no need for me
to submit a petition for a writ of certiorari.
I can be reached at 646-504-6497 or via e-mail.
Please respond at your earliest convenience.
Best,
Marcus Washington
Exhibit D
Page 9
LexisNexis
FOCUS - 5 of 7 DOCUMENTS
Moore's Federal Practice - Civil
Copyright 2015, Matthew Bender & Company, Inc., a member of the LexisNexis Group.
Volume 30 Analysis: Federal Law of Attorney Conduct (Chs. 800-899)
Chapter 804 Stractiue of Federal Rules Governing Attorney Conduct in Supreme Com! *
30-804 Moore's Federal Practice - Civil 804.04
804.04 Supreme Court, on Rare Occasions, Directly Disbars Attorneys Using "Conduct Unbecoming"
Standard of Rule 8
The Supreme Court has never directly construed the "conduct unbecoming" language oi. Supreme Court Rule 8, but the
"conduct unbecoming" language of Rule 8 is very similar to the language used in Fed. R. App. P. 46. Rule 46(b) states:
Rule 46(b), (c). Attorneys.
(1) Standard. A member of the coui t's bar is subject to suspension or disbarment by the court i f die member:
(A) has been suspended or disbarred from practice in any other court; or
(2) Procedui-e. The member must be given an oppoifunity to show good cause, within the time prescribed by the
court, why the member should not be suspended or disbarred.
(3) Order. The court must enter an appropriate order after the member responds and a hearing is held, if requested, or
Page 10
30-804 Moore's Federal Practice - Civil 804.04
(c) Discipline. A court of appeals may disciphne an attorney who practices before it for conduct unbecoming a
member of the bar or for failure to comply with any court rule. First, however, the court must afford the attomey
reasonable notice, an opportunity to show cause to Uie conUary, and, if requested, a heaiing.
Legislative Histoiy
[Adopted Dec. 4, 1967, effecdve .luly 1, 1968; amended Mar. 10, 1986, effecnve July 1, 1986; Apr. 24, 1998,
effective Dec. 1, 1998.]
The Supreme Court reviewed Appellate Rule 46 in In re Snyder and upheld the constitutionality of the Fed. R. App. P.
46 "conduct unbecoming" standard, finding that it was not too vague when read ui light of "case law, applicable court
rules, and 'the lore of the profession' as embodied in the codes of professional conduct" {see generally 803.03
-803.06) nl
There are very few discipline cases that have actually been initiated solely for conduct before the Supreme Court itself,
rather than for conduct relating to lower courts. Two cases from the mid-l930's may have been initiated solely in the
Supreme Court. These petitions resulted in disbarment for "conduct unbecoming a member of the bar," but it is not clear
to which "bar" the Coiut is referring. The necessary information to discover the acuons for which these attorneys were
disbaned remain buried in the National Archives, and is almost impossible to find because these cases were not given
docket numbers or United States Reporter cites. n2 It is possible diat there are more cases in which the Court used the
"conduct unbecoming" staiidai'd at the Supreme Couit level, but, before 1972, diese cases were not assigned docket
numbers unless there was a constitutional issue involved. The records only contain brief Court memos ordering
attorneys "to show cause." The facts of each case ate skeletally outlined, if they are mentioned at all. The Supreme
Court show cause and disbarment orders can be found at the back of the United States Reports in the "Miscellaneous
Orders" section. Prior to 1 972, some orders are available, but the records are not comprehensive or complete. The files
on most disbannent proceedings, including the responses to the show cause orders and any other materials tiled, have
been transferred to the National Archives. n3
In at least three cases, the Supreme Court acted solely because of conduct before the Supreme Court itself In In re
Gilbert, an attorney refused to return fees, despite a Supreme Court order requiring him to do so. He was suspended for
six months solely from the bar of the Supreme Court, and ordered to pay costs. n4 Chief Justice Taft, writing for the
Court, observed, "[M]ere restimtion [of the fees] is not enough, considering respondent's departure from duty. We must
give our actions a punitive quality to mark the high obligation of die members of the bai; to respect decisions of the
Court." n5 Another attomey was disbarred by the Supreme Court for failing to respond to five letters sent by the Court
clerk regarding deposits for payments costs in a prior case. n6 In a third case, the Supreme Couit disciplined an attorney
when he failed to respond to communications from the Court clerk regarding a penduig case. n7 It should be
emphasized that these veiy few cases of attorneys disbarred by the Supreme Court direcdy under the "conduct
unbecoming" standard all involved behavior that would be considered unprofessional by practically every attorney, such
as ignoring court orders or official inquiries. nS
Legal Topics:
For related research and practice materials, see the following legal topics:
Legal EthicsProfessional ConductGeneral OverviewLegal EthicsSanctionsGeneral Ovei'viewLegal
EthicsSanctionsDisbamientsLegal EthicsSanctionsDiscipUnary ProceedingsGeueral OverviewLegal
Page 11
30-804 Moore's Federal Practice - Civil 804.04
EthicsSanctionsSuspensions
FOOTNOTES:
(nl)Footnote I . Court upheld constitutionality iFed. R. App. P. 46's "conduct unbecoming" standard.
Snyder, 472 U.S. 634, 643-645, 105 S. Ct. 2874, 86 L . Ed 2d 504 (1985) .
In re
(n2)Footnotc 2. Mid-I930's cases initiated by Court, resulting in disbarment for "conduct unbecoming a
member of the bar." See In re HaU, 56 S Ct. 303. 80 L . Ed. 1413 (1935) ; In re Baker. 297 U.S 691. 56 S Ct. 384.
80 L . Ed. 985 (1935) ; .?ee a/,so K. Tucker, Disbarment and the Supreme Court of the United States, 37 Fed. B.J. 37,
45-6 (1978).
(n3)Footnote 3. See Robert L. Stern, Eugene Gressnian, Supreme Court Practice 748 (7th ed., Bureau of National
Affairs 1999).
(n4)Footnote 4. Attorney suspended for six months from bar of Supreme Court for refusing to return tees
despite Court's order requiring him to do so. In re Gilbert, 276 U.S. 294, 295-299, 48 S. Ct. 309, 72 L . Ed. 580 ;
276 U.S 294, 48 S. Ct. 309, 72 L . Ed. 580 (1928) .
(n5)Footnote 5. 276 U.S. at 298 ; for context, see
101, 105-106, 42 S Ct. 438, 66 L . Ed 844 (1922) .
(n6)Footnote 6. .Attorney disbarred for faihng to respond to five letters sent by Court clerk regarding
deposits for payments costs in prior case. See In re Kagey, 58 S. Ct. 742, 82 L . Ed. 1559 (1938) .
(n7)Footnote 7. Attorney disciplined when he failed to respond to communications regarding pending case.
In re Davis, 289 U.S. 704, 53 S Ct. 658, 77 L . Ed. 1461 (1933) .
(n8)Footnote 8. K. Tucker, Disbarment and the Supreme Court of the United States, 37 Fed. B.J. 37. 43-44
(1978).
* We are particularly grateful to Shelagh C. Newton, '00 Boston College Law School and Jessica Ting-Shaun Lu, '12
Boston College Law School for their invaluable assistance with this chapter.
Exhibit E
9/9/2015
Alton Maddox at Hearing on Lawyer Accountability Calls Secret Lawyer Discipline a Violation of the 14th Amendment | Welcome to Our Time Press
O U R T I M E PRESS
I H E UxAh FAFEK w n i i jnt. GIOBAX. VDSW
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FREEDOM PARTY
IGNITES MOVEMENT
02.Jul
ilMay
. A GEM GLOWS IN
BROOKLYN: RUBY
DEE HONORED e 0
30.Jun
214
9/9/2015
Alton Maddox at Hearing on Lawyer Accountability Calls Secret Lawyer Discipline a Violation of the 14th Amendment | Welcome to Our Time Press
9/9/2015
Alton Maddox at Hearing on Lawyer Accountability Calls Secret Lawyer Discipline a Violation of the 14th Amendment | Welcome to Our Time Press
attorney Janice Lintz spoke of a litany of homfic abuses and corruption among
matrimonial lawyers and judges, including her husband and his cohorts. Legal
consumer Ellen Oxman called New York "the most corrupt court system in the United
States". Oxman said it really doesn't matter how many rules are in place; "If the mles
are not followed, it won't solve the problem." Oxman noted that there is no oversight
of the attorney disciplinary committee. Director of the Center for Judicial
Accountability Elena Sassower said, "There has never been an independent audit of
complaints against lawyers". Making her point, Sassower said that in 1989 the NYS
Comptroller tried to audit the Commission on Judicial Conduct and its lawyer
disciplinary complaints and outcomes but the commission refused to cooperate with
the comptroller. "The ultimate goal has to be legislation. When they were talking about
prosecutors abusing their powers, the only way you can put that in check is to put
prosecutors in jail. In order to put people in jail you have to have legislation to do that.
Prosecutors and others need to know you can go to jail for this," said Maddox. "This
was a major victory just to force a public hearing. As a result of that public hearing,
there is now a public record. From this public record leads to public policy. And public
policy leads to legislation."
2014 Copyright Our Time
Designed by C.Cleveland
Press.
Exhibit F
L o c a l Civil R u l e 1.5.
(a)
Discipline of Attorneys
Committee o n Grievances.
o f Judges k n o w n as the Committee on Grievances, which under the direction o f the Chief Judge
shall have charge o f all matters relating to the discipline o f attorneys.
appoint a panel o f attorneys w h o are members o f the bar o f this Court to advise or assist the
Committee on Grievances.
o f this panel o f attorneys may investigate complaints, may prepare and support statements o f
charges, or may sen^e as members o f hearing panels.
(b)
forth in paragraph (c) below, may be imposed, by the Committee on Grievances, after notice and
opportunity to respond as set forth in paragraph (d) below, i f any o f die following gi'ounds is found
by clear and convincing evidence:
(1)
Any member o f the bar o f this Court has been disciplined by any federal court
A n y member o f the bar o f this Court has resigned from the bar o f any federal
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- 6 -
the
In
interpreting the Code, i n the absence o f binding authority' from the United States Supreme
Court or the United States Court o f Appeals for the Second Circuit, this Court, i n the
interests o f comity and predictabilit}', will give due regard to decisions o f the N e w Y o r k
Court o f j\ppeals and odier N e w Y o r k State courts, absent significant federal interests.
(6)
A n y attorney not a member o f the bar o f this Court has appeared at the bar o f
I n the case o f an attorney admitted to the bar o f tliJs Court, discipline imposed
pursuant to paragraph (b)(1), (b)(2), (b)(3), or (b)(5) above may consist o f a letter o f
reprimand or admonition, censure, suspension, or an order striking the name o f the attorney
from the roll o f attorneys admitted to the bar o f this Court.
(2)
I n die case o f an attorney not admitted to the bar o f diis Court, discipline
imposed pursuant to paragraph (b)(5) or (b)(6) above may consist o f a letter o f reprimand or
admonition, censure, or an order precluding the attorney from again appearing at die bar o f
this Court.
(3)
Procedure.
(1)
(b)(1), (b)(2), or (b)(3), notice thereof shall be sensed by the Committee o n Grievances upon
the attorney concerned by first class mail, directed to the address o f the attorney as shown
on the rolls o f this Court and to tiie last k n o w n address o f the attorney (if any) as shown in
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- 7 -
In
all cases i n which an attorney has resigned from the bar o f any federal court or o f a court o f
any state or territory while an investigation into allegations o f misconduct by the attorney
was pending, even i f the attorney remains admitted to the bar o f any other court, the notice
shall be sensed together w i t h an order entered by the Clerk for this Court, to become
effective twent)--four days after the date o f seiA-ice u p o n the attorney, deeming the attorney
to have resigned from the bar o f this Court.
either order, the attorney may file a m o t i o n for modification or revocation o f die order.
A n y such m o t i o n shall set forth with specificity' the facts and principles relied upon by the
attorney as showing cause why a different disposition should be ordered by this Court.
The timely filing o f such a motion will stay the effectiveness o f the order until further order
by this Court.
I f good cause is
not shown to hold an evidentiaiy hearing, die Committee o n Grievances may proceed to
impose discipline or to take such other action as justice and this rule may require.
I f an
evidentiary hearing is held, die Committee may direct such interim relief pending the hearing
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- 8 -
I f the attorney fails to respond i n writing to tbe order to show cause, or i f the
response fails to show good cause to hold an e\adentiar}' hearing, the Committee on
Grievances may proceed to impose discipline or to take such other action as justice and this
rule may require.
I f an e\adentiar)'
hearing is held, the Committee may direct such interim relief pending die hearing as justice
may require.
(2)
I n the case o f a ground for discipline set forth in paragraph (b)(2) or (b)(3)
above, discipline may be imposed unless die attorney concerned establishes by clear and
convincing evidence (i) that diere was such an infirmit}' o f p r o o f o f misconduct by the
attorney as to give rise to the clear conviction that this Court could not consistent w i t h its
duty accept as fmal the conclusion o f the odier court, or (ii) that the procedure resulting i n
the investigation o r discipline o f die attorney hy the other court was so lacking i n notice o r
opportunit)' to be beard as to constitute a deprivation o f due process, or (iii) that the
imposition o f discipline by this Court would result i n grave injustice.
(3)
Complaints i n writing alleging any ground for discipline or other relief set forth
i n paragraph (b) above shall be directed to the Chief Judge, w h o shall refer such complaints
to the Committee on Grievances.
designate an attorney, w h o may be selected from the panel o f attorneys established pursuant
to paragraph (a) above, to investigate the complaint, i f i t deems investigation necessary or
warranted, and to prepare a statement o f charges, i f the Committee deems diat necessar)' or
warranted.
Complaints, and any files based on them, shall be treated as confidential unless
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- 9 -
A statement o f charges alleging a ground for discipline or other relief set forth
in paragraph (b)(4), (b)(5), or (b)(6) shall be serv^ed upon the attorney concerned by cerdded
mail, return receipt requested, directed to the address o f the attorney as shown on the rolls
o f this Court and to die last known address o f the attorney (if any) as shown in the
complaint and any materials submitted therewith, together w i t h an order by the Committee
on Grievances direcnng the attorney to show cause i n writing why discipline or other relief
should not be imposed.
The Magistrate
Judge or panel o f attorneys conducting the hearing may grant such pre-hearing discover}' as
they determine to be necessary, shall hear winiesses called by the attorney supporting the
charges and by the respondent attorney, and may consider such odier evidence included i n
the record o f the hearing as they deem relevant and material.
panel o f attorneys conducting the hearing shall report their findings and recommendations i n
writing to the Committee on Grievances and shall ser^'e them upon the respondent attorney
and the attorney supporting the charges.
Reinstatement.
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- 1 0 -
in tliJs Court or whose name has been strucls from the roll o f the members o f the bar o f this Court
may apply i n writing to the Chief Judge, for good cause shown, for the lifting o f the suspension or
preclusion or for reinstatement to the rolls.
Committee on Grrevances.
Magistrate Judge or hearing panel o f attorneys (who may be the same Magistrate Judge or panel o f
attorneys who previously heard the matter) for findings and recommendations, or may act upon the
application w i t h o u t making such a referral.
application w i l l be
granted unless the attorney seeking reinstatement meets die requirements for admission set forth in
Local Civil Rule 1.3(a).
(f)
remedies available to individual District Judges and Magistrate Judges under applicable law w i t h
respect to lawy^ers appearing before them.
also refer any matter to the Chief Judge for referral to the Committee o n Grievances to consider the
imposition o f discipline or odier relief pursuant to diis rule.
(g)
court o f any state or territor)', or in any odier federal court, and has been convicted o f any crime or
disbarred, precluded from appearing, suspended or censured i n this court, the Clerk shall send to
such other court or courts a certified or electronic copy o f the judgment o f conviction or order o f
disbarment, preclusion, suspension or censure, a certified or electronic copy o f the Court's opinion,
i f any, and a statement o f the attorney's last known office and residence address.
(h)
I n aU cases m which any federal, state or territorial court, agency or tribunal has
Page
- 1 1 -
entered an order disbarring or censuring an attorney admitted to the bar o f this Court, or
suspending the attorney from practice, whether or n o t o n consent, the attorney shall deliver
a copy o f said order to the Clerk o f diis Court w i t h i n fourteen days after the entry o f the
order.
(2)
I n all cases in which any member o f die bar o f this Court has resigned from the
bar o f any federal, state or territorial court, agency or tribunal while an investigation i n t o
allegations o f misconduct against the attorney was pending, the attorney shall report such
resignation to the Clerk o f this Court wirhin fourteen days after the submission o f the
resignation.
(3)
I n all cases i n which this Court has entered an order disbarring or censuring an
attorney, or suspending the attorney from practice, whether or n o t on consent, the attorney
shall deliver a copy o f said order w i t h i n fourteen days after the entry o f the order to the clerk
o f each federal, state or territorial court, agency and tribunal i n which such attorney has been
admitted to practice.
(4)
Rule 1.5(h) shall constitute a basis for discipline o f said attorney pursuant to Local Civil Rule
1.5(c).
COMMITTEE
NOTE
Because Local Civil Rule 1.5 has been the subject o f a recent review by the Courts, die
Committee has n o t proposed any substantive changes dierein. A n amendment is recommended to
Local Civil Rule 1.5(g) to recognize the fact that today the Clerks o f the Courts often give notice o f
disciplinary actions to other courts by electronic means.
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- 1 2 -