"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.
Tuesday, December 27, 2016
Violent judges are not that dangerous, Part II - Judge Beltrani is spared a felony charge and allowed to be out on the street seeking to kill people
It is also incorrect to call Beltrani's crime an "altercation", while admitting the attorney was "sucker-punched" by the judge - hit with a fist while being unaware of the strike coming, so there was no "altercation".
I am convinced that, had it been another way around,
had a lawyer, being "visibly drunk", intentionally sucker-punched an unsuspecting judge who would be walking in front of him, saying: "I am a lawyer and I f**king kill people", like Beltrani said
and caused a judge to lose consciousness ("knocked out'), as well as causing the judge "a separated shoulder, torn labrum, a black eye and other injuries", the injuries Beltrani caused attorney Roberts, the lawyer would have been put in jail immediately as a pre-trial detention, charged with a felony, and his license would have been suspended pending trial.
Judge Beltrani also left his victim for dead - he could have killed him by "sucker-punching" him, knocking him down on the ground with his weight of 300 pounds, having him fall on the ground and hit his head on a blacktop pavement, and taking off without calling for help:
Since he was raving about "killing people", he could clearly be charged with attempted murder - but wasn't.
I already wrote in my series of blogs about former #NewYorkChiefJudgeSolWacthlerTheSmartShitKicker (his own words), see my blogs here and here, who has never been charged in New York courts for a string of crimes, including violent crimes, committed in New York, including attempt to kidnap a child, criminal impersonation, false report of a crime (he tried to pin his crimes on two other people), the use of his office to commit and cover up his crimes, extortion with threats to kidnap a child, sending obscene material to a minor -
describing how New York embraces and protects its judges from accountability even if they are violent criminals, making it impossible to seek justice from the New York "justice" system against its own, against those who are supposed to be held to the highest (not the lowest) of standards.
Lives of members of the public - and especially of criminal defense attorneys like Sam Roberts, Judge Beltrani's victim - do not really matter.
A misdemeanor, an order of protection, the judge remains free and on the job - and will, likely, be given some reduction or an adjournment-in-contemplation-of-dismissal slap on the wrist thing.
For a violent crime and drunken rampage where the judge made public what he is not expressing when he is sober - that, as a judge, he can kill people, and not be held accountable.
Look at this raging violent alcoholic who claims that, because he is a judge, he can "kill people" - and who nearly succeeded in that with attorney Sam Roberts.
And, consider that he is not put in jail when he committed his crime at the end of October, 2016, was allowed to vote out of jail in November, was allowed to spend Christmas with his family - and only then was arraigned in court today, on a misdemeanor and violation (harassment) charge - and was allowed to go free, with just an order of protection protecting Sam Roberts, but nobody else.
This order of protection is, of course, woefully inadequate, since, judging by Belrani's claim that, as a judge he can kill people, he can do the same to anybody else.
There were no conditions for release imposed either - while the judge definitely had such a right - so Beltrani can continue to drink himself into oblivion (which, judging by his face, he is doing) - and assaulting people after that.
The State of New York thinks he is entitled to be an attorney - and a judge.
He is, of all things, a judge reviewing violations of parole - including for alcohol related reasons.
As of today, Judge Beltrani has "no record of public discipline".
Who would want to even attempt to hold a judge who committed a crime truly accountable in New York?
Beltrani's mindset and behavior - asserting, in a drunken rage, that he cannot be "disrespected", whatever that meant, that people, even those who have just met him in a social setting, must necessarily "learn from him", and that as a judge, he does justice by "f**king kill[ing] people"
did not emerge in a vacuum - this is what the law of absolute judicial immunity for malicious and corrupt acts lead them to believe.
And, apparently, for New York authorities it is better to have Beltrani realize his dream and, since he is free and at large, kill some people feeling that, as a judge, he can do whatever he wants - including killing people - with complete impunity
than impose any true accountability upon him under the law.
It is a matter of time when Beltrani will commit a new act of violence - because he remains drunk, unrepentant,
and, since he was not charged adequately (with felonies) for his crimes, he may still believe in his impunity, no matter what he does.
Journalists were lucky they were not sucker-punched.
His next victim may not be so lucky.