Did Judge Try to Buffalo Editors?

By: Joe Strupp During her 23 years as a journalist, Margaret Sullivan of The Buffalo News figured she'd seen enough odd things to avoid being surprised anymore. But when a judge last month called to ask that editors not run a story about the arrest of a local attorney -- and allegedly threatened to "hurt" the paper if the article appeared -- even she was taken aback. "Newspaper people pride themselves on being shock-proof," Sullivan, the paper's executive editor since 1999, told E&P. "But I have to admit, that was quite startling."

Even more startling is the fact that the man who allegedly made the call, State Supreme Court Justice Nelson H. Cosgrove, was the same judge overseeing a long-running libel suit against the News. He has since removed himself from the libel case, but the matter may not end there. Now that the New York State Commission on Judicial Review has gotten wind of the incident, Judge Cosgrove could face punitive action ranging from a public rebuke to removal from the bench.

"The Commission is aware of reports on this matter," said Robert Tembeckjian, its administrator, who would not comment further on the Cosgrove incident. "If information suggests misconduct has occurred, the Commission can caution, admonish, censure or remove a judge from office."

Sullivan said the paper had not filed a formal complaint with the Commission, but had alerted the governing body to Cosgrove's behavior. "We felt there were important issues at stake," Sullivan said. "Judges should not interfere with the publication of a news story or threaten to retaliate against anyone." Judge Cosgrove did not return calls seeking comment.

The episode began Nov. 12, according to affidavits related to the incident, when Cosgrove allegedly called the paper and told a deputy managing editor that he would find a way to "hurt" the paper if it ran a story about the arrest of a lawyer involved in a trial before him, the News reported. Editors also allege that Cosgrove called the paper a second time with similar threats. "There was and remains in my mind no question that his words to the effect that he intended to 'get' or 'hurt' the News were in reference to his capacity as a judge," Deputy Managing Editor Stan Evans said in an affidavit, according to the paper.

On Nov. 24, the newspaper filed a motion with the New York State Supreme Court asking that Cosgrove step down from his position as the trial judge in a libel case pending against the News by a local business owner. "The newspaper had several concerns -- most immediate being the issue of statements made by a judge presiding in a matter involving the newspaper. There was also the issue of judicial impartiality," said Joseph M. Finnerty, the newspaper's attorney. "This was different from the more common conflict of interest."

Cosgrove sent a letter to the court's administrative judge on Nov. 26 asking that the libel case be reassigned, but offering no other comment.