THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.


Monday, December 8, 2014

Impeachment petition of several federal judges of the Northern District of New York court is being prepared


I put the public on notice that I am in the process of preparation of a petition/request to the U.S. Legislature to impeach the Chief Judge of the Northern District of New York Gary L. Sharpe and several other judges, such as Senior Judge Thomas McAvoy, Judge Lawrence Kahn, Judge Glenn Suddaby, for:

1) Intentional and self-serving violations of their constitutional oath of office;

2) favoritism to politically entrenched law firms and attorneys;

3) presenting to the public an appearance that certain attorneys can influence judicial decisions;

4) using the rule of frivolous conduct as a tool of retaliation against attorneys, family members and clients of attorneys who speak out against judicial misconduct;

5) bringing the judicial office in disrepute by creating an impression that the desired judicial decisions can be obtained by using politically entrenched attorneys;

6) abusing their power in bringing and prosecuting proceedings, as a tool of personal vendetta, designed to block access to court to attorneys and parties who criticized judges and sought their recusal or seeking information about their in- and out-of-court misconduct.

The disciplinary rules as written by the federal judiciary, do not allow to discipline a judge for acts on the bench, even if those acts were malicious, corrupt and/or in violation of his or her constitutional oath of office.

Yet, the judge-created absolute judicial immunity protects judges from lawsuits, even for malicious and corrupt acts on the bench, because discipline is available.

Since discipline is not available, the only remaining way of making federal judges accountable is impeachment.

Impeachment is a complex procedure that must be commenced through the U.S. Legislature.  The U.S. Legislature should be notified of judicial misconduct to become aware of it and to commence the procedure.  Hence, I am preparing a petition.  I am preparing the petition because of my own experience with the judges against whom I am seeking impeachment, and because of documented experience of my husband and some other people.  

If any other attorneys and parties who litigated in this court have a basis to seek impeachment of its judges, I request to contact me so that we could do it together.  Thank you for your attention.

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