EVOLUTION OF JUDICIAL TYRANNY:

"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 cos
t.



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.



“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.

Wednesday, April 26, 2017

New York Attorney General Eric T. Schneiderman establishes yet another double standard in occupational licensing in New York: unlicensed dentists (with diplomas from Russian medical schools) are a danger to consumers, no matter whether their work was good or bad

Recently, New York State Attorney General has "won" a case, establishing "lawfulness" of discrimination against out-of-state attorneys licensed in New York, which restricted diversity of providers and helped keep prices for legal services for in-state attorneys high for the consumers - which, no doubt, hurt consumers, and further "won" that case on appeal to the U.S. Supreme Court, after his assistant, under the guise of a law professor of the Albany Law School, had an opportunity to privately talk with a U.S. Supreme Court justice while providing an "award" and a freebie all expenses trip for her in the beginning of April this year - see reports that #SonyaSotomayor "privately" met with faculty of Albany Law School, see also that Eric Schneiderman's Assistant Attorney General Kent Sprotbery is part of that faculty.


Sonya Sotomayor did not recuse from deciding whether to grant or deny certiorari to Eric Schneiderman whose assistant may have privately met with her as member of the faculty of the Albany Law School after she was granted by that school an all-expenses-paid trip and an award.

That discrimination was further deepened by a state #judgeShirleyKornrich who further expanded the definition of what the physical office required of out-of-state attorneys should mean, and struck pleadings as filed by an out-of-state attorney without a REAL physical office.

After "winning" that case, obviously through corruption, New York Attorney General has announced that he is now protecting New Yorkers, and federal taxpayers, from a huge threat - from unlicensed dentists working under the supervision of two licensed dentists.

And, New York AG claims that criminal prosecution of those scoundrels is required because they allegedly defrauded Medicaid by billing for work of unlicensed dentists - who allegedly did various dentist procedures, including drilling and filling of cavities.

Here is the NY AG press release.

Of course, based on the press release, anybody who dons a medical scrub and looks into another person's mouth can be accused of a felony, unlicensed practice of dentistry.

And, what the ardent protector of the public the New York State AG (who habitually defends public officials sued for violations of New Yorkers' constitutional rights, but that's ok, that does not contradict the AG's stance as a human rights and public safety protector) does not disclose to the public is:

  • whether those unlicensed dentists, not licensed in the State of New York, but obviously having medical diplomas from Russia and Uzbekistan (where qualifications of dentists are not lower than in this country) actually provided good quality of services, and whether they did any harm to any consumers of their services - and that is the key to the question whether Medicaid was defrauded.
That's the question No. 1.

The question No. 2 is - why the double standard?

New York courts have regularly granted to other professions a right to bill for unlicensed services and upheld validity of contracts with unlicensed professionals.

Here are examples.

In 2014, Judge Kevin Dowd of Chenango County Supreme Court, granted attorney fees for unsupervised drafting by an unlicensed paralegal.  Judge Dowd claimed that the challenge to such a practice as unlawful unauthorized practice of law, invalidating the claim of fees, is "mind-boggling", because, according to the judge who testified at that hearing as an unsworn witness for the plaintiffs asking for attorney fees for services of the unlicensed paralegal, "it was always done this way".  The case is Mokay v Mokay, Delaware County Index No. 695-2007, the decision is dated June 23, 2014.

Even earlier than that, in 2008, the same Judge Kevin Dowd granted a summary judgment enforcing a contract that was void TWICE because:

  1. it was drafted by an unlicensed real estate firm; and because
  2. it was not drafted by a licensed attorney, thus constituting unauthorized practice of law.
The case was Gjonaj v Sines, it was upheld on appeal by the 3rd Department in 2010.

Moreover, when the unlicensed real estate firm sued the consumer - and her attorney - for not paying the real estate fee while there was no proof that the real estate firm, and its broker, were licensed at the time of drafting and enforcing the contract, and while the real estate firm adamantly refused to provide the original of the license in discovery - while the Department of State no longer had such information because of its retention policy - Judge Dowd refused to dismiss the lawsuit and allowed it to proceed into eternity, literally, until the consumer under the void contract, the elderly homeowner whom Judge Dowd stripped of her home, Beverly Sines, died.

The name of the case is Demeree Realty v Sines.  I wrote about this case regarding Judge Dowd's patterns of recusal-reentry-retaliation against me.  Obviously, for pointing out Judge Dowd's complete lack of competency.

Actually, since the real property in question was worth close to a million dollars while Beverly Sines was forced, through a void contract, to sell it for 1/3 of its price to a real estate broker from New York City, and because the Mokay case was utterly illegal, yet, Judge Dowd, a subpoenaed witness in the Mokay trial, 
and because the judgment in question that Dowd "awarded" was over $300,000, including attorney fees for ex parte communications of Plaintiffs' counsel with Dowd and his law clerk, - I have a funny feeling that Dowd is not simply dirty, but very dirty, and that he received kickbacks from the "winning" parties in both cases.

Yet, whether Judge Dowd is not or is not a dirty judge, the fact remains that there are THREE cases in New York that I know of from personal experience where the fee by:

  • an unlicensed paralegal billed by a lawyer who did not supervise the paralegal's drafting of legal pleadings; and
the real estate contract drafted by

  • individuals who had no law license and no real estate license

were upheld by THREE state courts:

  • Chenango County Supreme Court, Gjonaj v Sines and Demeree Realty, #JudgeKevinDowd;
  • NYS Supreme Court, Appellate Division 3rd Judicial Department, Gjonaj v Sines;
  • Delaware County Supreme Court, Mokay v Mokay, Judge Kevin Dowd.

So, New York courts allow contracts by unlicensed professionals to be enforced - if that is so, and that is so, there are court decisions as described above, how can New York then criminally charge some unlicensed professionals, but not others, for fraud for billing for their services?

Why licensed dentists billing for services of unlicensed dentists are chargeable with fraud while an attorney (and son of a judge, Richard Harlem) is not chargeable with fraud and aiding and abetting unauthorized practice of law while charging a legal fee for unsupervised drafting/legal services of an unlicensed paralegal?

So, if NY AG wants to be consistent now, does he want to charge Richard Harlem with fraud? 

But, there yet is a THIRD question - stripping unlicensed professionals of their fee for GOOD services (and we do not know whether their services were good or not, the press release does not say anything about that) may be unconscionable unjust enrichment - and some courts did hold that denying a fee to an unlicensed individual who provided a valuable service simply because he is unlicensed, is unjust enrichment, and that regulation of professions do not operate to protect a consumer from his obligation to pay for a good service.

For example, in 1973, a California court granted recovery of fees to an unlicensed contractor by saying:

"It performed in all other respects competently and without injury to any person ... We are not involved in aiding an incompetent or dishonest artisan.  ... The defendant received full value under the terms of the contract. The licensing law should not be used as a shield for the avoidance of a just obligation", see


So, here are the questions, again:


  1. Did the unlicensed dentists - and the two licensed dentists in whose office they allegedly worked - actually provided good services to the public?  At affordable prices?  Thus protecting public health where their clients would otherwise have gone without any dental care?
  2. Does New York have a right to create double standards in occupational licensing, not prosecuting and even endorsing unlicensed paralegals and their employers, licensed attorneys, for engaging in unauthorized practice of law (as demonstrated in the Mokay v Mokay case), and endorsing unauthorized practice of law and unauthorized practice of real estate profession, as demonstrated in Gjonaj v Sines and Demeree Realty v Sines cases - but somehow deciding to prosecute unlicensed dentists working under the umbrella of licensed dentists - the very same thing as the unlicensed paralegal did, practicing law under the umbrella of licensed attorney and son of a judge #RichardHarlem, of Oneonta, NY, who charged LEGAL fees for unsupervised drafting of an unlicensed paralegal?
  3. And, is the unlicensed dentists criminal case actually a good case for jury nullification? 






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