New York Judge Sues State AG for Not Defending Him Against Rape Charges

Eleven days after the suit was filed, former state Supreme Court Justice Matthew Rosenbaum asked the state to undertake his defense and was shot down, a decision he considers arbitrary and capricious.

New York Judge Sues State AG for Not Defending Him Against Rape Charges

Matthew Rosenbaum, a former justice of the New York Supreme Court in Monroe County, is suing New York Attorney General Letitia James for not defending him against a former secretary who says the judge raped her on a monthly basis, claiming that because the allegations against him occurred “within the scope of his employment as a Justice of Supreme Court,” the state’s refusal to defend him violates Section 17 of the Public Officers Law, reports the Courthouse News Service.

Rebecca Klymn accuses Rosenbaum of forcing her to perform oral sex him on a monthly basis during his 15-year career on the bench, telling her that “performing fellatio upon him was part of her job … to assist him in relieving his stress” and threatening dismissal from her job if she refused. Klyman additionally alleges that she had had been on the job one year and trying to keep custody of her son during a divorce when Rosenbaum raped her in her home in 2006. Rosenbaum’s petition in Albany County ignores these claims entirely and, intead, highlights some of the more benign allegations from Klyman’s federal complaint, such as calling the secretary “honey” and “sweetie” and touching her “on a daily basis” from 2009 to 2017.