"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.
Thursday, December 8, 2016
Delaware County paid off the second victim of its former Deputy Sheriff Derek Bowie - at taxpayer's expense - and Derek Bowie is "unreachable", and may be armed and looking for more victims. Beware.
You can read all the blogs I posted about Derek Bowie, his misconduct in that lawsuit and depositions of Derek Bowie, by word-searching for "Derek Bowie" or "Kylie Smith" in the word-search window on the right of this blog.
Derek Bowie was sued for, allegedly, assaulting and causing injuries, including broken ribs, of Kylie Smith.
Derek Bowie was also sued by Barbara O'Sullivan for an assault later the same year, in September of 2014, with a police vehicle. Barbara O'Sullivan looks, interestingly, as a lookalike of Kylie Smith - which would have presented a great comparison for the federal jury, had Kylie Smith gone to trial, if Barbara O'Sullivan would come to that trial and sit in the front row.
Barbara's lawsuit was dismissed recently by Judge John F. Lambert because Barbara allegedly "contumaciously" (Judge Lambert's words) did not comply with discovery that came from Derek Bowie's taxpayer-paid attorneys to whom Judge Lambert illegally reopened Derek Bowie's default, and thus taking Barbara's victory out of her hands, after she already had it.
The discovery that sought evidence from a criminal case that Judge Lambert himself sealed, and that was destroyed by the fire of Barbara's house that nobody investigates because one of the most likely arson suspects is the same Derek Bowie.
So - Barbara "contumaciously" and wilfully did not comply with discovery and should be punished with dismissal of her lawsuit against Derek Bowie for vehicular assault because she did not reveal contents of proceedings sealed by the same judge who punished her for contumacious non-disclosure, and because her house was burnt down, together with the documents that she was supposed to provide in disclosure. And that is all her fault - according to Judge Lambert.
There was no investigation of the house fire - but Judge Lambert already ruled that it was all her fault, by punishing her with dismissal of a lawsuit because of "contumacious nondisclosure" of documents that perished in that house fire.
Now that Judge Lambert's clerk Mark Oursler was pushing to have Barbara stipulate to discontinuance of the embarrassingly frivolous counter-claim by Derek Bowie against her, written by his attorneys without consultation with Derek Bowie (according to Derek Bowie's testimony at Barbara's daughter's trial that resulted in her acquittal by jury), Derek Bowie's free lawyers (free to him, not to Delaware County taxpayers) asked Judge Lambert to delay a conference because - guess what? - they allegedly could not find Derek Bowie.
Despite their "efforts" to find him, as revealed in their letter to the court.
The conference of December 2, 2016 was adjourned.
On December 12, 2016 a trial in Kylie Smith's case was scheduled in Syracuse, in the U.S. District Court for the Northern District of New York.
Delaware County, as supervisor of Derek Bowie, was stipulated out of the lawsuit, after it claimed that Derek Bowie did not act in his official capacity when he allegedly beat up Kylie Smith, broke her bones, and sat on her broken ribs, which, had a rib pierced her lung, could have resulted in her death.
Delaware County claimed in the federal lawsuit that Derek Bowie's infliction of injuries upon Kylie Smith was out of personal reasons.
And, Delaware County got rid of Derek Bowie.
But, Derek Bowie was never criminally charged with assault on Kylie Smith, or on Barbara O'Sullivan.
Not by the Delaware County District Attorney, for assault on Barbara O'Sullivan, not by the Broome County District Attorney - where the assault happened on Kylie Smith.
After all, his uncle is a long-time investigator for Delaware County DA's office, how can they possibly enforce the law and hurt his nephew?
While Frank Miller's law firm claimed to Judge Lambert that they could not find Derek Bowie
who reportedly is employed as a police officer in Deposit and is very much find-able there, it was interesting who he will be located for the federal jury trial scheduled for December 12, 2016?
Now, that is a moot question - because, Delaware County taxpayers, rejoice, Derek Bowie has settled the case with Kylie Smith (or, rather, Delaware County's insurance carrier, that has a 1 million dollar liability limit, settled for him), on December 7, 2016, and the federal case is dismissed.
So, Delaware County taxpayers paid for free lawyers for a dirty cop who assaulted two women - and escaped with no liability, and was "deposited" (pun intended) from the Delaware County Sheriff's Department back to the Deposit police department, from where he initially came from in the first place - without any credentials other than being the nephew of the Delaware County DA's investigator Jeff Bowie.
Derek Bowie's victims had to either hire their own attorney (Kylie Smith) or proceed pro se (Barbara O'Sullivan), with predictable results - that the represented Kylie Smith got something in the settlement, and unrepresented Barbara O'Sullivan got nothing, other than an insult of a punishment for not being able to produce documents that are either sealed by court order or perished in her house fire that she barely escaped with her life.
Great job, Judge Lambert.
Great job, Delaware County.
Great justice for victims of dirty cops.
One keeps wondering - why respect to police is at its lowest in this country.
Yet, the question remains - that a man who was sued by two look-alike women for violent acts, who escaped civil liability because his taxpayer-paid attorneys either paid off the victim, or used their connection with the judge to have the second lawsuit disappear - a man who, according to testimony at depositions, may have been involved in violence against women and animals (there were allegations that he killed a dog of a tenant in the residential complex where he lived), remains armed, vested with power of a police officer, having possession of a gun, taser, police vehicle - and a German Shepherd dog,
is out there on the dark roads of rural Delaware and Broome Counties, likely looking for more victims.
And that, residents of Delaware and Broome Counties, is an issue of great public concern.
One thing is the well-known corruption of Delaware County and its law enforcement and judiciary system from top to bottom - that recently culminated in a lavish party for a felony suspect/court employee held in the courthouse, and endorsed by the very Sheriff who was supposed to investigate the suspect, and the very judges who were supposed to preside over the court proceedings prosecuting her.
People are either not aware of that corruption, or feel helpless to change anything.
Well, they tried - they elected Judge Gary Rosa, but he turned into a twin of the previous corrupt Judge Carl F. Becker as soon as he donned the black robe.
Quite another thing is when corruption is causing actual people to be hurt, physically hurt, violently hurt, and when such corruption leaves a man who has committed violent crimes against two women, on the streets, vested with power, armed and dangerous, and having authority to stop YOU, in the middle of the night, on a lonely country road.
And THAT is a very big problem.
If Derek Bowie tried to ram a police vehicle into a woman videotaping him on a tablet, simply because the woman looked like his girlfriend who sued him for violent assault, who knows how many more people Derek Bowie has a grudge against, and how many more "lookalikes" should be very afraid of his presence.
Petition the Broome and Delaware County DAs, demanding to prosecute Derek Bowie for his criminal conduct.
Demand a special, out of the area, neutral investigator and prosecutor of Derek Bowie.
That may save more people from future injury - and may save lives.