"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, June 22, 2017
New York Court system found 3 million dollars for summer retreats - oops, "seminars" - for judges, to teach them how to give people their "day in court"
For that reason, New York invents various alternatives to attorneys (like "court navigators", "Legal Hand" and the like), while refusing to abolish attorney regulation that causes the justice gap in the first place.
And, recently, New York's very Democratic Governor Andrew Cuomo vetoed bipartisan bicamerally approved legislation for additional funding of criminal defense.
Yet, at the same time New York State raised salaries to judges - dramatically so, last year, while one of the reasons for raising such salaries was to reimburse the judges for their trouble of having to deal with indigent pro se defendants.
And now, New York State Unified Court system, in a completely shameless "gesture", found 3 million dollars (!!!) to fund "summer seminars" for its judges.
The 3 million dollars were suddenly found after these same seminars were discontinued for 8 years (under Chief Judge Lippman) because of budget constraints.
There are no budget constraints under Chief Judge DiFiore, the one who yelled at reporters of her corruption threatening them that her husband has personal numbers of all U.S. Supreme Court Justices.
So, the shameless "initiative" to yank judges off their "crushing caseloads" in order to lavish themselves in a Hudson Valley hotel for 4 days - to be taught how to manage those same "crushing caseloads" and give people "their day in court".
Of course, neither raising salaries for judges, not taking time out of their super-busy (allegedly) schedule to wine and dine them and teach them how to manage that schedule to work miracles like Jesus Christ and feeding 5,000 people with 5 loaves of bread, will not stretch the hours or help a situation where there are more cases than the existing number of judges can ETHICALLY handle, giving all litigants as much opportunity to be heard, as is constitutionally required.
There is no way around expanding court systems and simply having more judges to handle "crushing caseloads". 3 mln of taxpayer dollars spent on "summer seminars" could fund salaries of 15 new judges, significantly relieving the caseload.
Instead, DiFiore's court system chose to pour taxpayer money down the drain and teach judges how to cut their time short to create an illusion that people had "their day in court" - by having a rushed minute in court without proper representation before a frustrated and yelling judge, case finished.
All of that to pursue "excellence".
So, now New York judges will be entitled not only to their nearly $200,000 salaries, but to additional vacation time paid by taxpayers, to be spent at luxury resorts in order to be "educated" - how to be more professional, competent and ethical.
And this feast in time of plague is, of course, done, at taxpayers' expense, to further DiFiore's "Excellence Initiative".
New York taxpayers should have no doubt where their money is going and why people are fleeing the State of New York.