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.
Wednesday, October 26, 2016
The "Roy Moore" full-panel judicial recusal in the Alabama Supreme Court, the "Katrina" partial-panel recusal at the U.S. 5th Circuit and the necessity for a "special U.S. Supreme Court"
While many times judges have personal knowledge of litigated facts, and in most cases they stick like glue to those cases and decide them for parties they favor, in this case the sheer rank of the litigant, the judge's prior boss - who may well get back into saddle as a result of that appeal and become their actual boss once again - dictated the recusals, apparently out of caution and self-preservation.
Back in 2010, there was a similar recusal with dissimilar results in the U.S. Court of Appeals for the 5th Circuit, where 8 judges recused from hearing an appeal because judges held stocks in companies that appeared as defendants in that court case.
Yet, contrary to what happened in Alabama where a procedure was devised to not deprive Chief Judge Roy Moore of access to court, even though the entire appellate court recused from hearing his appeal, the 5th Circuit simply refused to hear the petition for rehearing "en banc" (by a full court) - and provided to the litigants no alternative for the procedural step they were entitled to.
A good case for a full recusal of the U.S. Supreme Court presented itself in 2016 in a case against the U.S. Supreme Court Marshall, seeking to strike the federal law prohibiting protests in the plaza in front of the U.S. Supreme Court.
I admire the courage of the district judge Beryl A. Howell
of the lower federal court who has stood up for the U.S. Constitution and the 1st Amendment that she was sworn to protect, stood up to the powerful U.S. Supreme Court, and who has struck the ban on protests in the plaza in front of the U.S. Supreme Court, here is judge Howell's decision.
Yet, an obedient federal appellate court panel consisting of one senior judge, judge Steven Williams, here is his biography and picture
and two hopefuls for the U.S. Supreme Court justice positions , D.C. Circuit judges Karen L. Henderson,
and judge Sri Srinivasan, who is on President Obama's "short list" for U.S. Supreme Court Justices - and who, likely, will be on the short list of President Hillary Clinton, if she is elected,
self-servingly reinstated the ban.
Naturally, the truly honorable, competent and courageous Judge Howell is not on a "short list" for the U.S. Supreme Court nomination, the brown-nosing Judge Srinivasan is.
That was a good case for a full-court recusal and for a "Special U.S. Supreme Court", like Alabama did, since the case is self-serving for the High Court, where all justices of the sitting U.S. Supreme Court had a conflict of interest in taking the case and deciding it in favor of its own marshals and in favor of their own desire to go to work without being annoyed by the pesky protestors in front of their courthouse.
But instead of recusing and allowing for convention of a "Special U.S. Supreme Court" to hear this important case, the U.S. Supreme Court self-servingly denied the petition to reverse the appellate court decision and reinstate the decision of the district court
despite the obvious conflict of interest of ALL justices of the court - same as in Alabama, but with dissimilar results. In other words, the U.S. Supreme Court ruled for itself and for its own Marshall. Without any compunction or scruples.
Somehow, state judges in Alabama Supreme Court had more integrity than federal judges on the issue of recusal in self-serving cases. Well, in the U.S. Court of Appeals for the 5th Circuit judges, unlike "justices" of the U.S. Supreme Court at least had the decency to recuse from cases where they had a personal interest.
The Alabama Supreme Court recusal and a "Special Supreme Court" procedure sets up an important precedent making available an alternative procedure to the self-serving doctrine of an interested court sitting "in necessity" because there is nobody else to review a case where judges of the court have a personal interest. Apparently, there are other people to review such cases, and there may be procedures provided for such a review.
The Alabama Supreme Court decision should give an example to other states, to federal courts and to the U.S. Congress to create a procedure of appointment of "special courts" in cases involving a conflict of interest for all judges of a certain federal court, because, apparently, on their own federal courts will not do what is right without being forced to do that by Congress.
And, where integrity of federal judges, even those of the highest court of the country, is at such an unfortunate low that they would decide cases in favor of themselves and their employees without recusing themselves, that is a big problem in the country where federal judges are the last resort for victims of human rights violations.
What is common between Hillary Clinton, Andrew Cuomo and New York State Office of Children and Family Services? Shredgates
- the Democratic candidate for Presidential Office Hillary Clinton,
- New York Governor Andrew Cuomo and
- the New York State for Children and Family Services -
- Hillary Clinton protected by public officials as high as President Obama and the sudden support of his wife Michele Obama, by
- refusal of FBI Director James Comey to do his job and turn Hillary Clinton's case into the grand jury proceedings, by
- Loretta Lynch's Office refusal to prosecute Hillary Clinton after her peculiar airport meeting with Bill Clinton (while Loretta Lynch was a law partner in a law firm representing the Clintons) and instead giving immunity to lawyers and employees of Hillary Clinton who destroyed evidence despite court orders,
- by the cowardly reaction of attorney state disciplinary authorities "waiting" for federal authorities to pursue either Hillary Clinton or her attorneys who shredded evidence sought in court in defiance of court orders - before taking any actions of their own.
- Cuomo and his connections was investigated for his sacking of the Public Ethics ("Moreland") Commission after it turned its focus on Andrew Cuomo and his cronies,
- when U.S. Attorney Preet Bharara raised the temperature of criminal corruption prosecutions by prosecuting and convicting the leaders of New York Legislature, Assembly Speaker Sheldon Silver and the Senate Majority Leader Dean Skelos, and when
- Preet Bharara has now arrested some employees and lobbyists close to Cuomo himself,
There is a U.S. Statute, 18 U.S.C. 3332(a) that provides:
But, since there is a long statute of limitations for federal felonies, Hillary Clinton and her Shredgate helpers may remain on the hook for criminal prosecutions for a long time, even if she is elected President of the United States.
It is unfortunate that we have a choice between a presidential candidate of questionable fitness such as Trump and a candidate of unquestionable unfitness such as Hillary Clinton.
Yet, where there is a reasonable belief that a person has committed a crime, and especially a crime against national security, the person and his accomplices must be prosecuted as a criminal, no matter the rank, if this country has any hope of being respected by its own citizens and in the international community alike, as a country governed by the rule of law.
Tuesday, October 25, 2016
A criminal complaint was filed against #DelawareCountyClerkSharonODell and the #DenningTownJusticeJonathanSFollender for knowingly entering a false, fabricated multi-thousand dollar judgment contrary to a court order
So, attorney Jonathan S. Follender practices law, and is a judge in the Town of Denning, Ulster County.
Yet, off the bench conduct of judges is reviewable by the New York State Commission for Judicial Conduct, and it is a relatively frequent occurrence that judges of justice courts are taken off the bench because of their conduct as private individuals, if that conduct reflects on their fitness as judges.
Criminal conduct of judges, whether on or off the bench, certainly reflect on their fitness, and the Delhi Village Police, as well as the Delaware County Sheriff's Department (in New York) received yesterday, by certified mail, my sworn criminal complaint against the #DeningTownJustice #JonathanSFollender and against the #DelawareCountyClerk #SharonODell and her personnel - for filing a fraudulent judgment contrary to a court order.
The court order allowed Jonathan S. Follender to enter a money judgment against me of $1,750.61 plus "allowable costs". Follender claimed that his costs are $740. I will appeal legality of that judgment, but that's not the point here.
The point is that attorney Jonathan S. Follender was allowed by the court, by order of July 18, 2016, to enter only a money judgment for $1,751.60 plus "allowable costs", and the costs claimed by Follender were $740, so the total of the judgment that Follender could enter was $2,491.60.
Follender offered for filing a judgment, and Delaware County Clerk Sharon O'Dell or personnel working under her supervision accepted and entered, with Sharon O'Dell's signature, a money judgment of $10,961.60, plus 9% interest, $8,470.00 plus 9% interest more than the court authorized.
That judgment was knowingly entered despite the fact that another $8,470.00 judgment plus 9% interest remained docketed against me by Follender in the same case, while Follender just received satisfaction of that judgment out of the court's escrow.
Sharon O'Dell personally took that money from me and put it into escrow, and Sharon O'Dell had on file, when entering the SECOND judgment for $8,470, not authorized by court, both the first judgment for the same amount, already satisfied from the escrow, and the "Turnover Order", releasing the amount of the first judgment from the escrow.
So, now instead of one outstanding judgment of $2,491.60 authorized by the court (with the first judgment for $8,470 satisfied out of escrow), Follender, in collusion with Sharon O'Dell, has THREE judgments filed and pending against me for the total amount of $19,431.60 plus 9% interest, nearly 10 TIMES MORE than the court authorized.
The fraudulent judgment was filed by Follender and entered by O'Dell on September 26, 2016 in the office of the Delaware County Clerk's office in the case Neroni v Follender, Index No. 2013-331, in defiance of the court order of July 18, 2016 in the same case.
That is a crime of fraud, fraud upon the court (for Follender, who is an attorney), and of knowingly filing a false public document.
I also filed an impeachment demand against the Delaware County Clerk Sharon O'Dell with the Chairman of the Delaware County Board of Supervisors James Eisel,
and, against Jonathan S. Follender, I filed, in addition to the criminal complaint,
an attorney grievance complaint - because padding a judgment authorized by the court with an additional amount not authorized by the court is a fraud upon the court and a disbarring offense, and
and a complaint to the New York State Commission for Judicial Conduct, asking to suspend Follender from the bench immediately, pending investigation and prosecution (the documentary evidence of his fraud is irrefutable), and to ultimately take him off the bench and prohibit him to ever be a judge again.
I will announce how these complaints are progressing.
Attorney Follender also sent the fraudulent judgment to another state, which is a federal crime of mail fraud, so if the State of New York does not prosecute him because he is a judge and has other judges in his pocket, the feds might.
Stay tuned.
Monday, October 24, 2016
The artist sued for denying that he is the author of a painting, won the lawsuit - but on the "alibi" evidence, not on the law, which is a dangerous trend
The claim was made by the initial alleged buyer of the painting that he allegedly bought it from Peter Doig when he was incarcerated in Canada for possession of LCD.
Peter Doig provided "alibi" evidence that he was in school, not in prison, in 1976, the time of the alleged purchase.
More evidence was provided that the painting was made by a now-deceased Canadian carpenter Peter Doige.
Yet, what is scary is that the lawsuit was not dismissed outright, simply because the artist denied he painted the picture - and had to go to an evidentiary hearing.
That means, that more of such lawsuits are possible, and that is an extremely dangerous trend.
If a person denies that a certain work of art is his, that should be the final word in any "determinations" of authorship.
Good faith enactments turned into nightmares based on money interests - and the need of citizen panels for statutory retention reviews
But, there are people, including judges, who consider it ok to follow that law.
Adoption and Safe Families Act, introduced in 1997 to allegedly help children not to linger in foster care for too long without permanent families and provided money to terminate parental rights in child protective proceedings faster, and that allows payments to the states of thousands of dollars per each child for the increased number of adoption of foster care children,
caused not only
- increased removal of children from parents on fabricated charges, especially in areas where there are less children - and thus less "cash cows" to grab, but also, as it appears
- increased infant mortality FOUR TIMES - after a steady decline in infant mortality that was, before enactment of Adoption and Safe Families Act, the lowest in the world - on par with Canada, at around 7 infant deaths at birth per 100,000 births;
While state laws do not make a distinction in the child's age in the procedural speed of termination of parental rights, and parental rights are constitutional rights not to be easily severed, federal law specifically provides for payments for doing just that - making separation of newborns from parents faster.
Of course, newborns and babies under 1 year old, with no memory of their parents yet, are the best "adoption material".
So, under the guise of protecting unborn babies, pregnant women are arrested and kept in detention across the U.S. on charges of "fetal neglect" - and in reality, to keep them in jail until delivery so that they would not escape, and so that the state can snatch the child from the mother at birth, get the federal grant money for fast-track adoption, and give the child to adoptive (richer than the mother) parents - all while claiming that all "procedural protections" for the mother and the child are observed.
While federal money buys fast-tracking adoptable babies into the hands of adoption parents, in reality it means that mothers are discouraged from getting prenatal care and hospital delivery, mortality rate of mothers and infants rises, and there is, of course, no fairness in snatching babies from the poor and giving it to the rich-er adoption parents.
Sunday, October 23, 2016
To first enhance the oath of office for lawyers - and then to break it: that's what you can expect from the "honorable" organized bar. The case of Arizona Bar's loyalty amendments and "Public Service Center"
A chart from that study shows that the public considers lawyers as a variety of competent prostitutes:
Yet, lawyers continue to claim themselves to be "the honorable profession", and judges (who are also lawyers) continue to put the "Honorable" as a required job title, claiming a "presumption of integrity", at the same time as they claim absolute immunity for their malicious and corrupt acts on the bench.
Lawyers were some of the least-trusted professionals, according to the public opinion.
In June of this year I wrote about the joint letter written by the Federal Trade Commission and the U.S. Department of Justice, this letter.
In that letter the FTC and the US DOJ said this:
referencing their former comments to the American Bar Association back in 2002-2003:
And, in the ABA Comments in 2002-2003, FTC & US DOJ said, among other things (you can read the full comments of FTC & US DOJ to ABA here), the following:
So, the American Bar Association, a non-profit that participates in regulation of the legal profession by imposing educational standards of lawyers upon the states through certification of law schools, acknowledges, as FTC and US DOJ does, that "defining the practice of law has been a difficult question for the legal profession for many years".
Now, even if lawyers find it difficult - for many years - to define what the hell it is that they are doing for money -
- how can an average citizen, untrained in the law (but presumed to know the laws - remember, lack of knowledge of the law is no defense in a criminal prosecution for unauthorized practice of law), know what the practice of law is, so that not to engage in "prohibited conduct" and so that not to commit a crime of unauthorized practice of law (UPL);
Both the oath and the creed also say a lot of lofty words about supporting "fair administration of justice" and providing services to those who cannot afford legal representation.
After saying all of that, the Arizona State Bar established a Public Service Center - while allowing, reportedly, only 2 minutes of comments from lawyers BEFORE the program was announced, and without any public bidding for the service that the third-party provider, Legal Services Link, LLC, was allegedly providing through that Public Service Center.
The Public Service Center was established - as declared by the Arizona State Bar - for the noble cause of connecting the lawyers with the clients, and promoting pro bono service.
Yet, the "Public Service Center"
1) replaced a similar service of Arizona State Bar already in place, for which previously lawyers' money was expended (and, surely, all lawyers' costs were passed to clients in fees); and
2) competed with county lawyer referral services.
Moreover, while Arizona State Bar claimed that it will cost $300,000 for the Arizona State Bar to run the Public Service Center through the 3rd party provider, Legal Services Link LLC, Legal Services Link LLC reportedly announced on the website of the Public Service Center that, on the contrary, the "service" is free to Arizona State Bar and that Arizona State Bar will actually be paid revenues from operation of the Public Service Center, here is a comment about it by a reader of the Irreverent Lawyer blog:
So, with all the pandering to its members for candor and enhancing their trustworthiness, reinforced by "oaths" and "creeds", the management of Arizona State Bar demonstrated that it is a group of crooks, out to scam the ordinary members of the association.
The "public trust" chart was correct, it appears.
Taxpayer funded research should be accessible for the public for free - at EveryCRSReport.com
A lot of taxpayers' money is given out in various grants, for various types of research.
If you pay for something, you own it.
Right?
Wrong. Many times, the government, or those third parties who do research based on government-funded grants, still either claim copyrights to the work, or, if research was made for the government, the government denies access to results of research or tries to charge people seeking access a fee for such access.
A group of individuals with support of undisclosed "Republican and a Democrat member of Congress" claims to have made federal taxpayer-funded research public.
Publications on EveryCRSReport.com are reportedly split into 31 categories, with RSS feed available on them, so that people who want to follow Congressional research of a certain topic have an ability to follow reports on that research.
Whether all of such research was made public, and whether it any special interests are involved in such publication, I do not know.
Yet, it may prove a valuable information resource to the public, and such a publication is a yet another step towards transparency of the government.