"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).
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,
“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.
"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.
Friday, July 29, 2016
When Social Services do not care about the law...
One more example of that was reported to me from Delaware County, New York.
An individual carrying a child carrier tried to access the County building at 111 Main Street, Delhi, NY (the Department of Social Services and its official helpdesk is located on the 2nd floor of the building) - from the front door and from the back door.
It was reported to me that neither of the doors was equipped with handycap-accessible push-button on the wall allowing to open the door by pushing the button with, let's say, any body part, including simply leaning on that button - which would be ideal for a person carrying a baby carrier in one hand and a bag (for the baby and with documents) in another hand.
Moreover, the individual who reported the lack of the push-button, also told me that she was observed in her efforts to get through TWO doors located one after the other by several social workers, and NONE of them helped her out by holding the door for her.
Additionally, it was reported to me that the elevators that exist in the building, do not go into the basement where some depositions are held by the County for individuals who sue the County, thus precluding disabled individuals from access to those rooms in the basement.
Social Services were created in order to help people, right?
So, they are expected to comply with, at the very least, Americans with Disabilities Act - right?
And, since people who come to the helpdesk of Social Services at 111 Main Street, Delhi, NY, are often disabled or have small children, access to the building for the county where a multimilion budget is given every year to some pet non-profit corporations of Social Services, should be secured before a penny is expended towards those non-profits, right?