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.
Friday, May 13, 2016
The Delaware County, NY - the land of Jokers. The Tiska joke
How else can one perceive what is going on in the case of People v Theodore Tiska?
Tiska is the former Sheriff's Deputy in Delaware County currently charged with attempted murder in Delaware County and prosecuted by people who knew him and, possibly, who have grudges against him.
Surely, as a matter of fairness, he should be investigated and held in jail not by his former employer.
Tiska's salary stops, as shown on seethroughny.net, stops in 2012, when he retired or resigned from Delaware County.
Tiska retired from Delaware County Sheriff's Department on August 17, 2012:
After Tiska retired - or forced to retire - things started to happen to him.
He was convicted for "criminal mischief" in 2014.
Now he is charged with attempted murder and is "about to lose his home".
And, the joker County has now placed Tiska into the jail where he previously worked - the County does realize it is a safety concern for Tiska and a lawsuit concern for the County taxpayers, but, the County decided they will "save money" that way.
While funneling money into different pet projects of local county officials - like Delaware Opportunities, Inc. or the recently ditched DS&S (ditched only because the patron county official former Social Services Commission William Moon was booted).
And the biggest joke is the "process" in the criminal proceedings.
John Hubbard, who knows Tiska personally, prosecutes him.
Judge Northrup, John Hubbard's former boss who never disclosed when he was himself the District Attorney that his Chief ADA John Hubbard was a law partner of Judge Northrup's predecessor County Judge Becker, and who also knows Tiska personally, presides.
And assigned attorney Andrew Puritz - who immediately signed a consent (waiver of 5th Amendment right to remain silent, yes, they say they won't use it in a trial if the plea negotiations fall through, but who is going to believe them?) for a pre-plea investigation - in an attempted murder case!
Investigation to be conducted by Tiska's prior (possibly, disgruntled) employer.
As I said, jokers abound in Delaware County.