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.

Saturday, October 1, 2016

On playful definitions of sexual predators

Judge Walter Smith who resigned during a re-opened investigation regarding his sexual misconduct, see here, here, and here, will not be investigated for judicial misconduct, because he is no longer a judge.

 The press presents it as judge "beating" investigation of misconduct.

 Yet, there can be also a criminal investigation, and an attorney disciplinary investigation - yet, there are no reports of either.

 Instead of an attorney disciplinary prosecution against former Judge Walter Smith, a retaliatory prosecution is under way of attorney-whistleblower Ty Clevenger who
  • obtained and published sworn testimony of Judge Walter Smith's victim,
  • brought about the first investigation of Walter Smith, and
  • insisted on re-opening and speeding up the investigation when Walter Smith received just a slapped on the wrist.

 And, the press playfully calls this sexual predator a "wayward" former judge.

 "Wayward", "beats", a coy picture of the sexual predator with a schoolgirl posture...

 What is going on?  Are we now glorifying sexual crimes against women?

 "Wayward" is socially inacceptable - but not necessarily illegal.

So, the press is afraid to call a sexual predator a sexual predator even when a sworn testimony of his victim is available?

So, a new law emerges in this country - sex crimes are prohibited, unless you are a judge and you resign quickly before you can be disciplined.

 And no, Judge Walter Smith is not a "wayward" former judge who "beat" his own prosecution by resigning in time.

 Here is the sworn testimony of Judge Walter Smith's victim describing, in detail, how not only Judge Smith was trying to pressure her into sex, ordered her supervisor to disappear so that the judge could have time alone with her, even though she previously asked the supervisor for protection against the judge's unwanted attentions, but also how Judge Smith's law clerk was pressuring her into retracting on her claims that Judge Smith engaged in sexual misconduct towards her.

 Former Judge Smith is not a "wayward" individual with a coy-girl look who "beat" some kind of puny investigation.

 He is a sexual predator who needs to be brought to justice, if the judiciary wants to expect any respect to its integrity at all.



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