THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"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 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, dissenting.
" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.
"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.
“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.
Monday, July 4, 2016
New York State Attorney General's 4th of July statement misleads the public as to what Schneiderman actually does in court - making sure victims of civil rights violations would not get a remedy in court
Note the words:
"Today, we should be mindful of our duty to defend the rights of our friends and neighbors who still face discrimination and bigotry".
The statement reads as a pledge to protect ordinary people from discrimination, which is a civil rights violation.
You know who are "friends and neighbors" who Schneiderman usually defends in court in civil rights cases?
The defendants.
And it is the New York State Attorney General Eric Schneiderman who, feeling the "duty to defend the rights of our friends and neighbors who still face discrimination and bigotry", defends those who are sued for committing that discrimination and bigotry.
Schneiderman is the one who seeks dismissals of civil rights lawsuits.
Schneiderman is the one who seeks sanctions against civil rights plaintiffs "for frivolous conduct", for raising frivolous constitutional arguments, imagine, arguments asking the court for fairness, asking the court for help against violations of people's civil rights are frivolous in Schneiderman's view.
You know why they are frivolous?
Because plaintiffs are still asking the court for help when the court already said the government is immune from lawsuits - that is what Schneiderman is saying to federal courts, against the "friends and neighbors" who he now pledges his duty to protect.
Here is the list of cases litigated by Schneiderman in federal court.
In many of them Schneiderman is listed as "dft" (defendant) or as "res" (Respondent), that means that people are suing Schneiderman for violation of their civil rights - those same rights he declares it is his duty to protect.
In the column designated as "NOS" there are numbers. Those numbers are types of lawsuits, by classification designated on a court form, here and here.
Here are the scans of portions of the classification matching lawsuits against Schneiderman.
Here is information to match the dates to Schneiderman's service as Attorney General: Schneiderman was in public office since 1998, as a New York Senator, and was took office since January 1, 2011 as New York Attorney General, so lawsuits filed against him as a party before January 1, 2011 are lawsuits against him as a New York Senator.
Apparently, out of 279 lawsuits Pacer.gov lists with Eric T. Schneiderman as an attorney or party, most of them were filed after Eric Schneiderman became NYS Attorney General, most of them are civil rights lawsuits, and most of them are concluded, and I do not doubt that those lawsuits concluded with dismissals, knowing how courts and NYS AG's office deals with civil rights lawsuits.
I will shortly provide a summary table of lawsuits against Eric Schneiderman which will show statistics as to those lawsuits.
So, while claiming that attorney Schneiderman is fighting for civil rights of "neighbors and friends", in reality he is OPPOSING civil rights lawsuits on behalf of VIOLATORS of civil rights and is HELPING VIOLATORS of civil rights escape accountability, and is helping to PUNISH THE VICTIMS of civil rights violators for seeking help from a federal court for such violations.
But, who would expect honesty from a top public official in New York State.
When both the rich and the poor customers in the U.S. can now use robot lawyers, and the majority of the population cannot afford a licensed attorney, what is the purpose of law licensing?
I am one of the examples of what the government can do to eliminate an attorney who does her job properly. My law license was suspended at the time when I brought a civil rights case against social services to trial, and my clients were then coerced and intimidated to settle for a pittance, while their new attorney stated in court pleadings what my disciplinary proceedings did not state - that my law license was suspended BECAUSE of my professional activity as a civil rights attorney, the new evidence that I am going to explore further.
Recently, several other attorneys were targeted by the government for raising sensitive issues pertaining to civil rights.
An attorney in Nevada was handcuffed for raising due process liberty issues on behalf of her indigent client.
An attorney in Louisiana was suspended from the practice of law because she successfully produced evidence of cooking court audio files and transcripts, likely at the direction of a judge.
An attorney in Georgia was handcuffed, jailed and indicted for seeking documentary evidence of judicial misconduct.
Ok, so the consumers are told that only a licensed attorney can provide to them advise and court representation, because provision of legal services requires training and "judgment of a lawyer".
Of course, even law professors are acknowledging that regulation of the legal profession is a fake invented by the legal profession itself so that the government would not butt into their business.
And, of course, several state courts so far have ruled that law licensing had nothing to do with effective assistance of counsel, dropping the declared purpose of attorney licensing, that of "consumer protection", right down the drain.
And, the recent joint letter of the Federal Trade Commission and the U.S. Department of Justice about the essence of the practice of law clearly reveals that what is the practice of law is not properly defined, and cannot thus be regulated, as a licensing scheme, or as a criminal law, becuase people must have at least a notice of what it is that the government is regulating before the government may regulate it and punish people for violating the law.
The concept that a law license, with the required ABA-certified costly education, is required to help people get access to courts, has been recently even further eroded, if not dispensed completely - by both sophisticated and non-sophisticated artificial intelligence, and law firms who want to stay in the business, are actually helping the demise of law licensing, by starting to use decision-making robots.
Robots already ARE acting as lawyers, and judges, in the United States, and the round candle of law licensing, so to say, is being burnt from all ends, the government, the law professors, the rich law firm, the legal information industry, and the consumers who cannot afford legal services, but are willingly using cheaper information technologies and available lawyer robots.
The rich bought an expensive program, ROSS, that can analyze cases and statutes with computer speed, make relevancy determinations as to the existing laws and newly decided cases for and instead of the lawyer, answer hypothetical questions, predict outcomes of cases, and thus apply laws to facts of the case - which is exactly what lawyers do and what constitutes that so-called "judgement of a lawyer" which, according to the government, requires a law license, for customer protection.
The less wealthy use the free lawyer robots, such as Ebay virtual dispute resolution service, and/or the DoNotPay virtual robot lawyer to appeal parking tickets.
Well, the rich customers of law firms that "employ" robot ROSS, apparently, do not need protection from the robot lawyer, making unauthorized practice of law statutes redundant.
Nor do people who are using the free artificial intelligence "chatbot" "DoNotPay", created by a self-taught 19-year-old coder who wanted to beat a parking ticket of his own. And, in the process, created a free "robot lawyer" who beats the majority of parking tickets for customers in London and New York.
With the success of the parking ticket lawyer, on the cheaper end of the spectrum, and the ROSS lawyer on the expensive end, same as with all other technology, it is the matter of time when these two extremes - free and super-expensive, will meet halfway.
If a self-taught teenage coder could create a program that asks questions (I checked it out) about the parking ticket and then draft appellate applications that succeed most of the times, and that robot lawyer is free, it is a matter of time when similar free "robot lawyers" will be created for other types of cases:
- eviction proceedings;
- custody proceedings;
- civil rights proceedings;
- divorces - all those proceedings where too often money talks, and people lose their rights simply because they cannot afford an attorney, and they cannot afford an attorney because licensed attorneys are priced by the licensing process out of sight, and unlicensed individuals of customers' choice are blocked from providing services, no matter how skilled, because of criminal laws forbidding "unauthorized practice of law", meaning practice of law without a license.
In Holland, legal advice by robots in child support, custody and divorce proceedings is allowed and practiced.
Thus, it is not impossible to introduce the same in the U.S.
And, we should not rely upon the charity of self-taught teenagers to provide to the public the much needed legal service by the robot lawyer.
The public needs to pay to either obtain a public license for ROSS or to create its own robot lawyer, to be used by all, for free or at low cost.
That said, robot lawyers are not the equivalent of humans, of course.
They cannot be creative, and their "thinking" is static and retroactive, relying on what was decided in courts before.
One cannot expect a robot lawyer to assess decisions as unfair, or call for overruling unfair cases or abolishing unfair rules or laws.
Yet, several law firms are already doing research based on this static and retroactive thinking of a robot lawyer - ROSS - that, according to the press, decides for a lawyer, after sifting through a myriad of cases decided across the country, relevancy of certain cases.
For the same reason - static, retroactive, rigid "thinking" within what was already decided - I wouldn't want robot judges, as attractive as the idea of judges not undermined by corruption, even potentially, may be.
As to the issue of judicial corruption, raised with a new vigor in New York, stay tuned for my next blog.
Sunday, July 3, 2016
The state of the law in the State of Georgia: it is criminally punishable to seek proof of judicial racism in the courtroom
I mentioned in that blog the arrest of publisher/reporter Mark Thomason and his attorney Russel Stookey and promised to run a more detailed report about the case.
Here it is.
In June of 2016, in the State of Georgia, Chief Judge Brenda Weaver of Appalachian Circuit asked her own former law clerk, and now the local prosecutor Alison Sosebee to prosecute investigative journalist and publisher Mark Thomason and his attorney Russel Stookey for making an open records request seeking evidence of corruption in her own office.
Alison Sosebee obliged the judge, in front of whom Sosebee appears or may appear as a prosecutor and has a stake at pleasing her in order to win cases, and charged Mark Thomason and attorney Russel Stookey, had them arrested and put in jail.
The crime?
Here are the anti-heroes and heroes of this story:
#JudgeBrendaWeaver, Chief Judge of Appalachian Circuit Superior Courts, State of Georgia
and Judge Weaver's former law clerk, #DistrictAttorneyAlisonSosebee who Judge Weaver asked to criminally prosecute a reporter and the reporter's attorney for investigating whether certain checks in court operating account was cashed illegally, through open records requests and subpoenas on the bank:
the racist judge Roger Bagley whose racist comment that was supposed to be reflected in the court audio file Mark Thomason and Russel Stookey seek through a lawsuit where the supboenas that are the basis of the criminal chargers were issued, I understand, by attorney Stookey:
and the victims of misconduct of the above three individuals, along with those who colluded with them, publisher Mark Thomason and his courageous attorney Russell Stookey:
Let's note that Mark Thomason and Russel Stookey, both white, filed a lawsuit and went to jail over their stance to fight racism in the courtroom by this white judge, now former judge Roger Bradley, where Judge Bradley resigned, of course, because "the planets aligned" in favor of his resignation, not because he outed himself in a criminal proceeding as a racist.
Let's also note that both sets here, the three anti-heroes in this story, two judges and one prosecutor who is one of the judges' former law clerk, are white, too, and that the whole fight is over a record that would prove a racist slur uttered by a quickly-resigned white male judge at a criminal proceeding against an African American criminal defendant.
By the way, in her election campaign, prosecutor Alison Sosebee pledged the following:
Prosecutor Sosebee, apparently, forgot to mention that she will use her authority to provide protection, at taxpayer's expense, to her former boss, Judge Weaver, protection against investigative journalists.
Mark Thomason sent the public records requests - and subpoenas - to the banks where judicial expense accounts are maintained, and asked for copies of checks "cashed illegally".
Judge Weavier claimed that for subpoenas Mark Thomason had to have judicial approval.
I am not sure about the laws of the State of Georgia, but in New York, for example, an attorney can issue a non-judicial subpoena seeking bank records.
And, on subpoenas, the name of the judge appears even though an attorney signs it - that is, once again, a routine occurrence, and such power is actually given to attorneys, with some exceptions.
Usually, when a non-judicial subpoena is signed by an attorney, the court (or the supboenaed organization or individual) simply rejects that subpoena - although in some cases, like a divorce case that was reported to me recently, a New York #judgePhillipRumsey wholly endorsed an attorney, Dolores Fogarty, signing judicial subpoenas that had to be signed by a judge, after a motion brought in a certain way (which Fogarty, of course, never brought).
Of course, attorney #DoloresFogarty who has connections to local judges, was never charged with identity fraud at all.
By the way, Judge Rumsey retaliated against me for criticizing his actions in the divorce case, including favoritism to Dolores Fogarty.
Even if Mark Thomason and his attorney Russel Stookey had to have judicial approval for subpoenas and did not seek that approval, that was a mistake at best, and not a crime, and criminally charging for what must be available through an open records request, is a clear violation of the 1st Amendment of Mr. Thomason and of due process of his attorney Russel Stookey.
And yet, the reporter and his attorney were charged criminally, at the request of the investigated person, a judge, with identity fraud and attempted identity fraud, as well as arrested, kept overnight in jail and released only on $10,000 bail, with conditions of bail such as random drug tests.
And, by the way, reportedly, Judge Brenda Weaver presides over the state Judicial Qualifications Commission, so she is supposed to be the cleanliest of the squeaky clean of the Georgia state judiciary.
Georgia is a death penalty state, so all judges in a state where judges are allowed to take people's lives should be of the highest integrity and moral order.
Judge Weaver did not even conceal the fact that she retaliated by requesting to criminally charge the reporter and the reporter's attorney for investigations into her own behavior, reportedly stating regarding her request to prosecute Mr. Thomason and attorney Stookey:
“I don’t react well when my honesty is questioned". Really? So, the judge openly admitted to this level of retaliation, and she is still on the bench?
Judge Weaver does not have a dislike to reporters in general.
In fact, she was very nice talking to a reporter Josh Becker who was advertising the judge's superior moral qualities in two video interviews.
In the interview, Brenda Weaver stated that she recently became a president of the Council of the Superior Court Judges of the State of Georgia and that her goals as the President of that organization are:
- obtain a pay raise for Superior Court Judges in the State of Georgia, including appellate judges - but, of course! that must be an "over-arching goal" in a State with a death penalty, racist justice system, high illiteracy and poverty;
- develop a "better working relationship with state representatives and senators" - in other words, lobbying in the State Legislature on behalf of judges;
- proliferation of "accountability courts" in the State of Georgia and encouraging judges to become accountability court judges, making sure every Circuit in the State of Georgia has some type of "accountability courts";
In her videointerview Judge Weaver stated that she is
"very humbled to be able to serve the citizens of [her] Circuit and State", that
she is "very lucky to get up every day", that she loves what she does.
Judge Weaver stated that being a judge in a felony court, Veterans and Drugs court "makes every day a wonderful experience" for her, because she gets an opportunity to make a change or cause people to make a change in their lives, and that portion of her job (that makes her every day a "wonderful experience") is what makes her to continue her job as a judge - "for another 20 years if possible", she said (after 15 she already worked as a judge by the time of the interview).
Yet, Judge Weaver's "wonderful experience" apparently also includes protecting from disclosure bank expense records of the court, and of the former #JudgeRogerBradley who quickly resigned from office after being exposed for using a racial slur against a criminal defendant in court proceedings and after the judge, or somebody else in authority in the court system, which could be Judge Brenda Weaver herself, had the stenographer remove that racial slur from the transcript of court proceedings, which is public fraud.
Judge Roger Bradley reportedly repeated the pitch of a prosecutor who, when calling the next case on the docket, called an "N-word Last Name". Neither Judge Bradley nor the prosecutor were sanctioned, apparently indicating that what they did was appropriate for Judge Brenda Weaver and a standard procedure of dealing with African American defendants in court - the "wonderful experience" that keeps Judge Weaver on the bench for the last 15 years.
The reporter Mark Thomason sought the audio recording from which the stenographer made the transcript.
Access to that digital filie was denied, and when Mark Thomason sued for access to the audio file, the stenographer sued Mark Thomason for 1.6 million dollars in a defamation counterclaim.
The stenographer then withdrew her counterclaim, ending it as a matter of law, but still sought attorney fees against Mark Thomason, and somehow that frivolous claim was allowed to proceed, even though normally, if you withdraw a claim, it dies, and everything with it dies.
Mark Thomason's lawsuit for the audio file was dismissed for alleged failure to prove that the audio file was altered, without giving him that audio file for discovery. It is interesting a person can be expected to prove something in the initial pleading in order to be allowed to see what he seeks to see.
That's the problem I recently discussed regarding the Fenton case and other civil rights cases where federal courts change the pleading standard from claim/notice pleading to factual pleading, requiring plaintiffs to prove what they seek to prove through the lawsuit.
Obviously, the state of Georgia made the same shift - specifically to protect its judiciary from claims of misconduct.
After all, it would have been a decidedly awkward situation if prosecutor Alison Sosebe, former law clerk of Judge Weaver, would have to investigate and charge Judge Weaver and other judges and court personnel, with committing public fraud.
And, had the audio file been released in discovery and expert analysis of the audio file, it would have been a simple "yes" or "no" answer - as to whether the audio file was authentic or edited, whether Judge Rodger Bagley did or did not use that racial slur, and whether the tape was edited, and whether the transcript was doctored.
For example, in a similar case, recently in the state of Louisiana an attorney, Christine Mire, actually obtained an audio recording of a court proceeding before judge #JeanetteKnoll, and has proven, through testimony of witnesses, that the recording, specifically the place where the judge allegedly made disclosures about her conflicts of interest, was added - was "spliced" and contested content added.
When attorney Mire said there was no disclosure of later-discovered conflicts of interest by Judge Knoll at the hearing where attorney Mire was present and was thus a witness, the transcript said there was, and the audio file was edited and contents added on specifically as to that disclosure.
Who was disciplined after and because attorney Mire obtained proof that the court audio file was cooked?
The judge?
The stenographer?
Of course, not.
Attorney Mire was disciplined, on Judge Knoll's complaint.
The judge #JeanetteKnoll was elevated to the appellate court, complained to that appellate court, and that appellate court suspended attorney Mire's law license - for being too good at investigation of judicial misconduct.
As to Mark Thomason's case, if the audio file would be shown to be authentic, unredacted and exactly matching the stenographer's transcript - with no racial slur stated by former Judge Roger Bradley, there was no point to block access to it, was it?
Nor would a judge resign if he knew that the audio file did not contain the racial slur and that he is being accused improperly.
Yet, Mark Thomason's access to that record was blocked twice, once when he sought the audio file through an open records request, and another time when he did that through a lawsuit.
And, "coincidentally", the attorney who had the courage to take the case seeking records of judicial misconduct on behalf of Mr. Thomason, Russel Stookey, ended up charged with a crime, arrested and put in jail.
So, the court system in the State of Georgia, and its Chief Judge Brenda Weaver, shamefully continue to cover up for a racist judge, now by asking her former law clerk, a prosecutor, to intimidate by criminal charges, arrest and jailing those who seek evidence of her own and her subordinates' mismanagement of state money - paying out of public court expense account the $16,000 to the stenographer's attorneys in order to to kill the lawsuit seeking the audio file with the racial slur of Judge Bagley.
Mark Thomason was seeking copies of checks for those attorney fees to the stenographer's attorney, reportedly authorized by Judge Weaver.
A lot of integrity on behalf of Judge Brenda Weaver and prosecutor Alison Sosebe.
Just as promised in their respective public statements to voters.
As I already described earlier in this blog, the judicial system, although unquestionably racist, viciously fights against anybody who tries to fight that racism.
In Kentucky, a #JudgeOluStevens was recently suspended for insisting on constitutionally required process of picking criminal juries and preventing a racist prosecutor from eliminating African Americans from the juries in trials of African American defendants, a requirement of the U.S. Supreme Court's so-called Batson rule.
On May 23, 2016, the U.S. Supreme Court reversed a criminal conviction for violation of the Batson rule and of skewed racial composition of the jury.
Yet, in the State of Georgia African-American criminal defendants, and other litigants, do not have to worry about the Batson rule where both the judge and the judge's former law clerk, and now prosecutor, vigorously seek to intimidate and punish two people for seeking proof that a judge is a racist, and that the court system paid for the cover-up of that racism with taxpayers' money.
I wonder whether Judge Weaver and prosecutor Sosebee will be disciplined for their role in the arrest of Mark Thomason and attorney Russel Stookey.
The Society of Professional Journalists of Georgia already called for investigation of Judge Brenda Weaver, and for recusal of Judge Weaver (who is the Chairman of the commission that is supposed to investigate her) from such investigation.
Good luck with that - in my case, I was suspended for seeking recusal of a judge because of collusion with Vice-Chair of the Commission for Judicial Conduct in the investigation of the judge regarding a collusion in a criminal case.
I was also punished for seeking investigation and disbarment of attorneys for two disciplinary committees when they adamantly refuse to investigate themselves (from which they are obviously disqualified) or to have a special investigator and prosecutor appointed.
The same refers to judges sought to be recused for misconduct - they usually refuse and lash out against the challenger, as it happened in my case and in many more cases I am aware of.
If Judge Weaver stooped to using her former law clerk to criminally prosecute investigative reporters who sought public records that may implicate her or her subordinates in mishandling public money, there is not much Judge Weaver will not consider too low to stoop down to.
And, let's not forget that reporter Thomason is also charged with "making a false statement in an open records request" - requesting copies of checks "cashed illegally".
Please, tell me, what is a false statement in a request?
How is it possible to make a false statement in a request?
If a person asks for copies of checks "cashed illegally", the answer can be - if there are no checks cashed illegally, then the request is denied becuase there are no records answering the request, the way it is worded, that's all.
But, there is no legal possibility of charging a person for fraud for making a false statement in an open records request - other than if the prosecutor is the friend and former law clerk of the judge who asks for the prosecution.
I wonder whether the judge and her former law clerk, the prosecutor, will be charged by the State Attorney General for a crime based on their respective roles in this story. At least, such a request has been made to the Attorney Genera of the State of Georgia.
That is, despite Mark Thomason - and people like him, seeking open records of the government - was addressed in a demeaning manner, by a "former public prosecutor", as a "public gadfly", something stinging, but decidedly with a negative connotation of a pest.
I do not see anybody discussing Judge Weaver were addressing Judge Weaver with any labels.
The only label I am going to give her, and prosecutor Sosebee, is that of a public anti-hero who should be removed from their positions immediately.
For continued coverage of this mess, stay tuned.
State and local governments across the United States fight efforts of transparency with sanctions, including murder, arrests, censorship and blacklisting of investigative reporters and whistleblowers
Such retaliation is nothing new to me.
I was criminally charged for exposing corruption in this blog - with criminal charges dismissed sua sponte, but those who orchestrated them promoted instead of sanctioned.
I was also sanctioned multiple for making FOIL (New York open records) requests:
- in 2011, by the now-quickly-retired Judge Carl F. Becker,
- in January 2012, by the same Carl F. Becker;
- in May 2015 based on sanctions of the same Carl F. Becker; and
- in November of 2015 when I was summarily suspended (without a hearing) based on sanctions of the same Carl F. Becker.
Carl Becker got upset (among other things - I also filed complaint about him and sued him) that I was filing FOIL requests about his financial statements - by the way, the NYS Court Administration NEVER complied with ANY of my FOIL requests regarding semi-annual financial statements of any judge, including Carl Becker, but instead sent notifications to judges that I made FOIL requests, for further retaliation.
Carl Becker actually mentioned in two orders - the sua sponte (on the court's own motion) order to show cause why I shouldn't be sanctioned in May of 2011 and in order of sanctions of January 2012, that sanctions are imposed for:
(1) making FOIL requests - Becker said that it was inappropriate for an attorney to make FOIL requests about the judge the attorney is appearing in front of and for - I was sanctioned by Becker $1,500 for that;
(2) using open records obtained through FOIL requests, because such use "invades privacy" - my client (husband) and I were sanctioned together $11,000 for that by Becker.
Of course, one cannot possibly, factually or legally, "invade privacy" of any other individual by obtaining and using PUBLIC records, but in New York courts, if a judge said the sun is raising in the West, that's it, any crazy thing a judge says is approved and supported as "judicial discretion".
Yet, that simple concept did not stop judge Becker, or judge Ferris Lebous, of Binghamton, NY, who reviewed a motion to vacate those sanctions (after he engaged in several ex parte communications with my opponents, for which ex parte communications my opponents charged me a legal fee, and Judge Lebous approved it against me and my husband).
In November of 2015 my law license was suspended for two years - without a hearing, since I wanted an open public hearing and since such a hearing would have exposed too much - based on Becker's sanction for FOIL requests.
My sanction was not the worst, though.
On June 26, 2010, Sunny Shue, of New York City, was bludgeoned to death after he investigated, including through FOIL requests to New York State Court Administration, foreclosure fraud involving a judge and reported the case to the FBI.
After Sunny Shue was murdered, evidence of the murder was reportedly covered up, and nobody was charged.
Sunny Shue predicted his own murder and published a video before the murder.
There is no statute of limitations on murder in the State of New York or under federal law - so, Sunny Shue's murder may be investigated at any time, we only need honest prosecutors to take up the case.
On April 9, 2016 I covered the story about the suspicious death of a whistleblower Adam Rupeka and his girlfriend, who was conveniently charged with a sexual crime against a child while exposing police misconduct, had to run for his life with his girlfriend, and was still apprehended and likely murdered in Mexico.
In April of 2016, there was an arson and murder attempt where the house of my friend Barbara O'Sullivan, her daughter and her unborn grandchild who was born in May and became the immediate target of social services; social services quickly backed out of their desire to snatch the child after the coverage of their misconduct on this blog, the child was released from hospital and the report was "unfounded". Upon my information, the former Delaware County Commissioner Bill Moon, decades-long friend of Barbara's hater, former Judge Carl F. Becker, was involved in influencing the "investigation" by social services.
Barbara's house was burnt down completely under the circumstances indicating that it was a retaliation for Barbara's activities in seeking open public records and exposing misconduct of the police and local prosecutors joined at the hip with local corrupt judges.
No investigation and no fire or police reports were produced, the investigation is hushed up, the remains of the house was destroyed by much more than the fire, the police never secured the crime scene, the house continues to be stripped of the remaining valuables (copper pipes), shady individuals show up on the property and make vague threatening statements, and the police refuses to protect Barbara.
It is interesting to mention that the Delaware County Sheriff's Department and the Delaware County DA's office was quite a bit more vigorous in investigating and prosecuting the theft of copper pipes after the flood in Sidney - I know because I represented one of the individuals charged with that crime.
When the same crime concerns Barbara, the Delaware County authorities "would not pee on the fire", in the aristocratic language of their social worker Sharon Reichert-Morgan, who volunteered communication with me to criticize me for the coverage of the fire at Barbara's house.
In fact, a firefighter's wife, a local social workers, claimed on my blog that if MY house burns down, her husband will not even pee on it to extinguish the fire - and other niceties of the same order. I was also told to sit back in South Carolina and not put my nose into the Delaware County business.
That was an open threat, even more transparent that there already was an arson attempt in my home in Delhi, NY that, similarly with Barbara's actual arson, nobody wants to investigate or prosecute.
Barbara and Alecia both endured criminal prosecutions, both terminated in their favor, see here and here, and both started by Judge Becker's former law partner John Hubbard, who did not disclose the fact that he was Judge Becker's law partner until Judge Becker retired and John Hubbard announced his still continued run for the seat of the Delaware County District Attorney.
#ActingDelawareCountyDistrictAttorneyJohnHubbard did not consider it beneath him to prosecute Barbara and Alecia based on fabricated warrants, as Barbara's case revealed, in collusion with Delhi Town Justice (who still remains on the bench) Richard Gumo.
John Hubbard did not consider it beneath him to stress out by criminal prosecution on fabricated charges Barbara's visibly pregnant daughter Alecia Bracci, simply out of retaliation on behalf of his former law partner Judge Becker.
Hubbard had to see in February of 2016, when he put Alecia Bracci through a jury trial on those fabricated charges, that Alecia is very pregnant (her child was born within less than 3 months, in early May).
That did not stop Hubbard from not only proceeding on false charges, and stress the expectant mother, but also to waste taxpayers' money and jurors' time on false prosecution and jury trial - only to please his former law partner, the quickly-retired Judge Carl F. Becker. John Hubbard, who is running for the DA's position now, is a prime candidate for the District Attorney's office in Delaware County - honest and fair.
Barbara was the victim of one more attempted murder attempt in 2014, by the Delaware County fake deputy Sheriff Derek Bowie (he did not satisfy the residency requirement, as revealed in yet another lawsuit, and was thus not a legitimate Deputy Sheriff), who had a history of violence, and whose violence against Barbara could have been also triggered by Barbara's facial likeness to Bowie's former girlfriend who sued him.
I wrote that Barbara's life was in danger back in September of 2014 when she was put in jail and my access to her, as her attorney, was blocked because it was conditioned on allowing the Sheriff's Department (employer of Derek Bowie) to search my attorney files.
But, Derek Bowie was never prosecuted for his assault upon his girlfriend Kylie Smith, or for the attempted murder of Barbara O'Sullivan.
Instead, Derek Bowie's victim Kylie Smith was prosecuted by the Broome County DA (the assault of Bowie upon Ms. Smith occurred in Broome County).
And, in Delaware County, Derek Bowie's victim Barbara O'Sullivan and her daughter Alecia Bracci were prosecuted by the employer of Derek Bowie's uncle, the Delaware County DA - because Derek Bowie's uncle Jeff Bowie works as a longtime investigator for the Delaware County District Attorney's office where Judge Becker's former law partner John Hubbard has been a Chief Assistant District Attorney for years, and is now the Acting District Attorney.
People who want to find out about governmental misconduct, as shown in this post, are exposed to a powerful backlash where the government uses its authority, given to it by the taxpayer to protect, in order to suppress exposure of its own misconduct.
Yet, there are more and more people like Barbara, who courageously continue to document corruption in the government by seeking open records through FOIL requests.
At this time, in the era of the Internet, when evidence of governmental corruption obtained through FOIL requests can be posted within seconds on the Internet (I do that all the time on my blog) and when the public is increasingly opposed to corruption, the government, and the mainstream media depending on handouts from wealthy advertisers who are connected with the government, continue to clamp down on "sensitive" topics - and on people who try to raise them, or to even seek materials for such publications, through open records requests.
In New York, Mayor Blasio and NYPD continue to fight to keep disciplinary records of police officers closed to the public - even though the law Mayor Blasio and NYPD are relying upon is facially unconstitutional because Civil Rights Law 50a was created with a specific purpose to undermine criminal defendants' efforts to effectively cross-examine police officers in criminal proceedings, impeaching them with evidence of their disciplinary record and misconduct, a violation of Confrontation Clause of the 6th Amendment of the U.S. Constituion.
I challenged constitutionality of that law in multiple criminal cases, in omnibus motions, always with the same result - the challenge was rejected without an explanation or reasoning as being "without merit".
Recently, under public pressure and civil unrest over a number of police abusing or killings of civilians without justification caught on witness's video, there appeared a trend of equipping police officers with body cameras.
Such body cameras, of course, are no substitute for witness videos since compromising videos in possession of the police can conveniently disappear or be redacted.
And, of course, body cameras can be conveniently shut off during an event they are supposed to record. In fact, turning off body cameras when dealing with a situation where shooting was involved was reportedly an instruction of dispatchers to the police in Tennessee.
And, even if the footage is obtained from such body cameras, the public may be blocked from seeing it, as it happened, for example, in North Carolina where the State Legislature just approved a bill removing police body cam videos from public access, so the public cannot obtain footage of police body cams on open access request.
So, witness videos remain the most reliable information about police misconduct nowadays.
But, that may change in the near future, too, at least for users of iPhones - where Apple is introducing in the near future an app that would allow the police to disable the cameras of telephones. Of course, then people may - and should - carry an additional device with software that cannot be disabled, a "conceal carry" camera.
Yet, OUR government, taxpayer-supported government, must conduct its affairs in the open, and there is a presumption of access to government records in state open-access laws and, as of June 30, 2016, in federal law, too.
The government fights those efforts, with increasing vigor and viciousness, in a variety of ways.
In New York, methods employed were:
- stalling responses to records;
- inventing ways of making access to records too expensive, like insisting on releasing only paper copies - for payment only - when the request is for e-mailed scanned or printed-to-pdf copies of documents that can be produced for free;
- sanctioning people who make FOIL requests (as I described above, my law license was suspended based on a sanction imposed by a judge, among other things, for making FOIL requests about financial disclosures of that same judge);
- murder of those who obtain incriminating records through FOIL and then turn them into prosecuting authorities - see the case of Sunny Shue above.
In other states, quite recently, and in rapid succession, investigative journalists are being arrested for seeking access and coverage at public meetings and for making open records requests.
I will run separate blogs for stories about each arrest, but here is a brief summary:
No
|
State
|
Date of arrest
|
Names, professions of people arrested
|
Real reason for arrest;
criminal charges
|
Names, professions of people who sought the arrest
|
1
|
Louisiana
|
March 23, 2016
|
Reporter Chris
Nakamoto
|
Trespass – in a City Hall
|
Sergeant Green of White Castle (LA) City Police, on
behalf of the mayor #JermarrWilliams
|
2
|
Georgia
|
June 24, 2016
|
Russel
Stookey, Mark Thomason’s attorney in a lawsuit seeking audio
records of court proceedings, both white males
|
Identity fraud, attempted identity fraud – attorney filed supboenas for
public records not signed by a judge.
Seeking the records of court proceedings where a now-retired white judge
Roger Bradley (a white male) reportedly used a racist slur against a criminal
defendant, and seeking records that the attorney fees for stenographer who
brought a $1.6 million counterclaim for defamation were financed out of court
expense account of Judge Bradley
|
Chief Judge of Appalachian Circuit courts #BrendaWeaver; judge Weaver’s
former law clerk #DistrictAttorneyAlisonSosebe, white females
|
3
|
Missouri
|
June 29, 2016
|
Chris Hayes
|
Reporter sought to cover a public meeting regarding
uninsured and improperly registered police cars (registered to individuals
and businesses, not the police)
Reporter was arrested, criminally charged, handcuffed and
chained to the holding bench
|
Town of Kinlock police captain
|
In addition to direct action by the government, in retaliation for seeking or using open court records such as:
1) law license suspension - that would be me in New York in 2015 and attorney Christine Mire of Louisiana in 2016;
2) arrests of reporters - Chris Nakamoto in Louisiana in March of 2016, Mark Thomeson in June of 2016, Chris Hayes in June of 2016,
there is also "indirect" retaliation:
- the murder of Sunny Shue in 2010 in New York;
- counter-claims for defamation by judge-inspired (and, likely, financed) court stenographers - in Georgia, against Mark Thomeson and in Louisiana, against attorney Chrisine Mire and her client;
- lawsuits for defamation - like the one pursued by a Nashville, Tennessee, #DistrictAttorneyGlennFunk against reporter Chris Phillips for coverage of his election campaign;
There are also instances of censure that I noted recently:
- a couple of days ago Bill O'Reilly of "O'Reilly factor" noted that he would not invite a person as a guest into his studio if he would know ahead of time that the person is going to say certain bad things about a public official - indicating that Bill O'Reilly (and, possibly, other mainstream TV stations) censure the content of whoever is "invited" as a guest speaker;
- State University of California, Davis reportedly used $175,000 in public money "to scrub the Internet of negative online postings following the November 2011 pepper-spraying of student protesters";
- decisions in April of 2016 of government authorities in removing the documentary "Vaxxed" from screening in New York and Texas film festivals questioning integrity of how safety and efficiency of vaccines are studied, tested and how vaccines are promoted by the pharmaceutical industries - removal of "Vaxxed" from the film festivals met with vigorous public protests
- Huffington Post's removal of its long-time reporter Lance Simmens for reporting on issues of government corruption raised in "Vaxxed";
- silence of the mainstream media as to the mass protests and mass arrests of protesters in Washington, D.C. demonstrating against government corruption, when 400 arrests were made, see also here.
All in all, TWO vigorous trends appear to exist:
1) that the public increasingly need, want, and seek public records of governmental corruption;
2) that the government resists efforts of the public to ensure transparency of the government and fights back, directly and indirectly, through:
- stalling of release of records;
- legislative acts making certain most sought public records unavailable to the public - like laws regarding police misconduct in New York and North Carolina;
- making open records requests prohibitively expensive;
- retaliating against those seeking the records by
- criminal charges,
- loss of occupational licenses,
- multi-million defamation lawsuits,
- spoliation or destruction of evidence,
- blocking documentaries about government corruption from public airing at large events,
- censure in the mainstream media and
- firing investigative journalists who cover governmental corruptoin (Huffington post's Lance Simmens, see above).
I will not be surpised if Apple's interesting app to block videocameras on smartphones was produced at the request of the government - to block people from creating their own record of government misconduct, not believing that the government will do a good or honest job in doing the same.
I do not believe that what I described in this blog is anything new.
Government corruption existed for as long as any types of government existed.
Yet, instant reporting on such government corruption became available only with proliferation of the Internet and social media.
Such reporting is absolutely necessary to keep our government clean and efficient, and to have at least a hope of a democracy alive.
This blog will certainly continue to report on corruption, and specifically on the corruption in the judiciary and among prosecutors, the most powerful branches of the government in the U.S. who retaliate in the worst ways and thus get most mainstream media sources intimidated.
Bloggers, social media reports and documentaries are now the main outlets for exposure of corruption in the government, especially judicial and prosecutorial corruption, and we must continue to do that if we do not want to sink into the dark ages.