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, February 16, 2015

The Onondaga County District Attorney William Fitzpatrick, "top of the food chain" and roommate/buddy of Judge James Tormey, Judge Tormey and others were sued for misconduct


A court interpreter has sued the Onondaga County District Attorney William Fitzpatrick and his buddy and law school roommate Judge Tormey, for discrimination in assignments to court cases at Fitzpatrick's bidding.

These two buddies appear to do each other big favors, at the detriment of others, and at a great cost for New York State taxpayers, for years.

For example, it took 4.5 years to litigate a lawsuit of Onondaga County Family Court employee Bobette Morin against Judge Tormey, (now former) Judge Bryan Hedges and others, for discrimination and retalitaion against Bobette Morin when she refused to comply with Judge Tormey's "request" to spy and "dig dirt" on another judge, and Democratic judicial candidate for a future election.

Misconduct was committed by Judge Tormey, it had nothing to do with his duties as a judge, but Judge Tormey received free legal representation from New York State Attorney General and the case was settled for $600,000, also paid by New York taxpayers.

The judge did not suffer any discipline, but his Co-Defendant Bran Hedges was taken off the bench on a complaint from Judge Tormey's buddy William Fitzpatrick, after William Fitzpatrick's scheme to blackmail Judge Hedges has failed.

Bear in mind that William Fitzpatrick was also one of the members of the famous disbanded "Moreland" Commission.  He was put in charge of ethics in the government.

Imagine, William Fitzpatrick, after his attempt to blackmail Judge Hedges to pay the alleged victim some money (even though both civil and criminal actions would be time-barred at that time by the statutes of limitations) and share the bounty with Mr. Fitzpatrick, to guard "ethics in the government" of this entire state.

So, on complaint of William Fitzpatrick, NYS Commission took of the bench the "offender", Judge Hedges who outed Judge Tormey to Bobette Morin, telling her that Judge Tormey and his personnel was targeting her for discrimination: see a snippet from Ms. Morin's affidavit filed with the federal court:

Judge Tormey also does not forget his buddy and practically cut off livelihood of the court interpreter who had the misfortune of being acquitted of criminal felony charges brought against her by DA William Fitzpatrick who claimed to her, according to her federal complaint filed in the Northern District of New York on January 15, 2015, that he is allegedly the "top of the food chain" and that he will make sure she will go to prison.

Well, Ms. Rodriguez-Walker did not go to prison, instead she was acquitted, obviously displeasing Judge Tormey's buddy William Fitzpatrick.

So, a revenge plan was hatched, and now Ms. Rodriguez-Walker 
cannot get interpreting assignments, despite her certification, because Judge Tormey, obviously doing his buddy Fitzpatrick's bidding, blocks her from getting such assignment and proactively sent e-mail to judges, according to Ms. Rodriquez-Walker's federal complaint, practically directing courts not to hire this Spanish interpreter, even though there is a high and reportedly unmet need for her professional services.

After all, what are rights of those underserved criminal defendants to understand criminal proceedings against them, against friendship since law school between the Chief Administrative Judge and the county District Attorney? 


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