As always, the bold and courageous local press, thumping on Trump lately all the time as allegedly acting against the U.S. Constitution (while regularly turning a blind eye to corruption in the local government, and especially the judiciary), have missed the main point in the squabble.
The incompetence of Judge Gary Rosa who could have ended the conflict in one decision - saving
- much heartache and physical injury for the teen,
- the position for Commissioner Dana Scudderi-Hunter and
- tens of thousands of dollars for Delaware County taxpayers, including my husband and myself.
But - no.
Being a coward that he is, he did not do what he was supposed to, as a judge.
My question is - why a competent judge did not disqualify, from the outset, the County Attorney Amy Merklen from representation of two obviously conflicting clients - the DSS Commissioner and the presentment agency, the County Probation Department, in the juvenile case?
The teen in question was in foster care of the Commissioner.
The teen was also prosecuted by the same County - which may be already a conflict of interest requiring to change venue and appoint a special prosecutor, something that Judge Rosa also did not do.
And, of course, it was the County Attorney Amy Merklen's job to identify the conflict of interest, advise both the DSS Commissioner and the Probation Department about it - and bow out of the job, stopping the conflicted representation.
But no, not for Amy Merklen to stop.
She has her own vision.
Merklen took in litigation the position of not the DSS Commissioner, but that of the County Supervisors who pays her salary but had no right to know anything that was going on in a sealed juvenile proceeding.
The position of the County was to save money - which may not be an issue in litigation at all, and, which resulted in the opposite, in grossly wasting tens of thousands of our hard-earned dollars.
Merklen also took the position the County's probation office against the position of her own client.
When the client, the Commissioner, did not cave in, Merklen complained about the position of her own client in litigation (in a SEALED juvenile case) to the County Board, which is a violation of the teen's privacy and of the client's right to undivided LOYALTY of her counsel.
Moreover, Merklen made sure that her own client has lost her job because she did not cave into Merklen's dictate and testified truthfully to the Family Court about her position.
Mind that Amy Merklen MUST be disbarred for what she did - but she never will be.
Why?
Because remember Porter Kirkwood, Merklen's predecessor as County Attorney?
The crook who constantly engaged in ex parte communications with his predecessor as Deputy County Attorney - Judge Carl Becker?
The crook who boasted in his own judicial election campaign that he allowed illegal mental health experimentation on teenagers in his foster care?
Porter Kirkwood is now a law clerk for a judge in the attorney licensing court, the 3rd Department (unless "his" judge Molly Fitzgerald has left him behind - his registration still shows that he is in Binghamton, in the court assigning judges to cases across the judicial district -
while she has been transferred to the 3rd Department long time ago),
and he will never allow disbarment of "his own", of another local loyal crook.
while she has been transferred to the 3rd Department long time ago),
and he will never allow disbarment of "his own", of another local loyal crook.
But, my question remains - WHY didn't Judge Rosa end this whole thing with one decision, a SUA SPONTE (on the court's own motion) decision, seeing very plainly in front of him a disqualifying conflict of interest of the County Attorney?
Why didn't he dismiss the proceeding as being void since it has been filed by a person with an irreconcilable conflict of interest, a probation officer who, upon information and belief, was a victim in the case, and seeking revenge against the teen for assaulting the probation department director?
And, why NOBODY, not one of the multiple attorneys handling this case from all sides - has pointed that out, in any of the multiple court and administrative hearings relevant to the case?
And why NO JOURNALIST covering this whole story raised this issue?
So, why did Judge Rosa continue to adjudicate a void proceeding?
Costing the actual physical and mental harm to the teenager in question, a job to the Commissioner and tens of thousands of dollars WASTED of taxpayers' (including my husband's and my own) money?
Will you re-elect this incompetent twit to the bench again?
Will you keep him rule over your lives for the remainder of his term?
Or will you do something to get him off the bench?
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