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, September 23, 2015

The Bowie family in the service of Delaware County - or the other way around

Here are some scans and references to employees of Delaware County, New York, with the last name "Bowie".

This is the salary information of Delaware County Deputy Sheriff Derek Bowie (here is his official photograph from the site of Delaware County Sheriff's Department):





This is salary information of Delaware County District Attorney's Office investigator Jeffrey Bowie - who may still be not credentialed as a police officer or as a civil service employee.





Jeffrey Bowie who, upon information and belief and based on reports in the press, has never passed a civil service exam, gets $27,700 more than his nephew Derek Bowie, Delaware County Sheriff.

It is possible that it is a deputy's pay that Jeffrey Bowie is "threatened" with that got him so ticked off that he bragged about his powers, that he is going to have Delaware County DSS Commissioner Dana Scuderi-Hunter charged with a felony because she seeks to reduce his pay by $24,000.

Seems not to be a coincidence.

Here is the salary information of Elizabeth Bowie.

Elizabeth Bowie is or has been married to Jeff Bowie.

At least, she was reportedly participating in organizing surveillance of her husband Jeffrey Bowie's affair with DSS legal secretary Leslie Eck, who was at that time married to the then Delaware County Deputy Sheriff Ken Eck (since suspended) - while the couple was reportedly spending time in the middle of the night in a county car.

In May of 2015 NYS Comptroller confirmed that Delaware County DSS does not control assignment or use of county vehicles.

As a result of surveillance, Ken Eck was suspended, but Jeff Bowie and his wife Elizabeth remained employed.




 A public record, a disciplinary decision against a Hamden Town court justice, also refers to a Jon Bowie, as a Delaware County Deputy Sheriff at the time of the disciplinary action against the judge.

As well as in reports of Deputy Ken Eck's suspension/reinstatement hearing where, reportedly, testimony was offered that Delaware County Sheriff's Department was involved in Nazi salutes and ticket-fixing - and where testimony was also offered that officers were afraid for their jobs for testifying.

So, three members of the Bowie family toil for Delaware County at present, and Derek Bowie replaced his uncle Jon in the position of Sheriff's Deputy.

And the County has no anti-nepotism policy.

And the Bowie family appears to rule who the District Attorney is indicting for felonies, even in cases where members of the Bowie family are themselves involved in felonies - but are, of course, not prosecuted by the District Attorney.

And the County Attorney does not introduce anti-nepotism policy for years.

And both the County Attorney and the District Attorney are running for judicial seats.

A true paradise - but not for taxpayers.





In Delaware County, ethical violations are charged (only when misconduct is revealed in a bad court case) only against the lowest-level workers. Old boys who mastermind fraud remain untouched.

Walton Reporter announced a "press-release" today allegedly made by Delaware County Department of Social Services - which I never found anywhere on the website of Delaware County Department of Social Services - indicating that social worker since 2000 and County employee since 1992 Carolyn Massey was suspended without pay and then resigned after a settlement in Delaware County Surrogate's Court in the matter of Estate of Accardi.

Records of Delaware County Surrogate's Court are public and anybody who is interested can come to the Surrogate's Court at 3 Court Street, Delhi, NY and view open records on the court's computer.

Delhi attorney James Hartmann who was recently involved in fraud upon the court in the Mokay case (obtained legal fees for the Estate of Andrew Mokay for the period of time when the Estate was not a party in the proceeding, from June 2007 to March 2008) was trying to "do the right thing" in the Accardi case where social worker Carolyn Massey "guided" the hand of an elderly individual writing a will that allegedly gave:


  • a benefit to social worker Carolyn Massey and
  • a power of attorney to former Commissioner Moon, which the former Commissioner used to sell the testator's house
There are no publications indicating that either Massey or Moon were criminally charged.

While Massey, an ordinary caseworker, was suspended without pay and then was forced into resignation, William Moon, according to the same article in Walton Reporter, was allowed to quietly retire and is now employed with Sullivan County Department of Social Services, even though William Moon was also caught in self-dealing of County-foreclosed properties.

The article also indicates that allegedly judicial candidate and Delaware County Attorney Porter Kirkwood claimed that Delaware County has an ethical code, and that all county employees are required to comply with it.

 Porter Kirkwood was quoted by Walton Reporter to say the following:

       "A standard of conduct clause prohibits employees from soliciting, 
        accepting or receiving a gift which has a value of $25 or more, whether 
        in the form of money, services, loan, travel, entertainment, etc, in which 
        it could reasonably be inferred that the gift was intended to influence 
        them or could reasonably be expected to influence them in the performance 
        of their official duties or was intended as a reward for any official action on 
        their part. The ethics policy also prohibits employees from holding any 
        investment directly or indirectly in any financial business, commercial 
        or other private transaction, which creates a conflict with his official duties.

Apparently, Porter Kirkwood did not follow his own Code of Ethics when he represented several private parties, on County time, sued for elder abuse - a representation that ran contrary to Porter Kirkwood's duties as an attorney representing Delaware County Department of Social Services who was supposed to FIGHT elder abuse, not DEFEND it.

That's a situation when one does not need to practice what he preaches?

And, the chief of the Board of Supervisors James Eisel who should be investigated for allowing awards of $129.6 mln of public contracts without public bidding - and that's only what the State Comptroller's report says as a result of an audit of only one year's contracts - reportedly withdrew the revision of the Code of Ethics promised to the State Comptroller for "further revisions".

For a person who is clearly devoid of any ethics to delay introduction of new ethical code because he is revising that ethical code?

Not funny, really.


Jeff Bowie is reportedly conspiring with Richard Northrup to take down Delaware County Commissioner of Social Services in retaliation for reduction in pay?

A witness recently overheard how investigator in Delaware County District Attorney's office Jeff Bowie was bragging how he is planning with Richard Northrup to indict Delaware County Commissioner Dana Scuderi-Hunter 




for a felony, in retaliation for Commissioner's plan to put Jeff Bowie into a position where he would lose $24,000 in pay, and that he is digging into her past and already found something in 2004 that he is going to use against her, together with Richard Northrup, to indict her for a felony.

Apparently, Barbara O'Sullivan is not the only victim of fabrications of the Bowie family.

And, since Richard Northrup appears to be "helping" in both cases, I wonder, what evidence does Jeff Bowie hold over Richard Northrup's head to have his compliance in Jeff Bowie's schemes of retaliation?

Jeff Bowie, according to my research, was reportedly 


If lack of credentials is the reason why Jeff Bowie is about to be demoted in pay, then Dana Scuderi-Hunter is doing her job, and should not be taken down by crooks under the guise of doing their official duties.

Moreover, Jeff Bowie can cost Delaware County and its taxpayers dearly in liability, since all of his arrests and investigations, including undercover investigations that he was engaged in (as the Appellate Division 3rd Department found in 2007), may be illegal and the County can be sued for allowing uncredentialed individual to conduct undercover investigations and effect arrests. 


The witness also overheard Jeff Bowie's say "if I have to go, Dana will go with me".

I wonder if Richard Northrup is afraid that the same rule will apply to him, if he steps out of line with Jeff Bowie and starts doing his job honestly.


2nd Circuit, surprisingly, gave people a tool to pursue prosecutors who fabricate evidence in their investigative capacity, for presentation of the grand jury

The U.S. Court of Appeals for the 2nd Circuit, in a surprising move, affirmed a multimillion dollar jury verdict against a New York prosecutor (Special Assistant Attorney General) for omissions in evidence presented to the grand jury and that was used to obtain an indictment (that was dismissed down the road after a BENCH trial).

First of all, that a person was acquitted after a bench (no-jury) trial, simply by a judge, is refreshing.

Second, it shows that those who plea and do not go to trial on the grand jury indictments - or who forego indictments completely, agreeing instead to prosecution by a Superior Court Information - lose out an opportunity to be acquitted because of discrepancies in presentations to the grand jury, because only in a trial portions of grand jury minutes (the so-called Rosario material) become disclosed, otherwise they are concealed by grand jury secrecy.

Third, what is valuable in the Morse v Fusto decision, made on September 11, 2015 by the 2nd Circuit, is that omissions may be charged as fabrications, if such omissions could create a false impression of culpability in the grand jury, and if such omissions or fabrications of evidence happened during investigation by the prosecutor.

Fourth, since the distinction between no immunity and absolute prosecutorial immunity lies in the factual analysis whether the fabrication or omission occurred during the investigative stage (no immunity) or preparation-for-the-grand jury stage (absolute prosecutorial immunity), that distinction may not be made by a judge and must be submitted for fact-finding to a jury in a civil rights case.

Which, after Morse v Fusto, will translate to more settlements.

But, fifth, I wonder whether the taxpayers will have to pay the multi-million dollar jury verdict in the Morse v Fusto case, or whether the defendants who were involved in fabrications that was not part of their duties, will have to pay out of their own pockets, including for their legal defense.

Which would be more fair, don't you think?

Now, after Morse v Fusto, is the Delaware County judicial candidate, Delaware County District Attorney Richard Northup exposed to liability for presentation of evidence with "omissions" amounting to falsifications to the grand jury in the case People v Barbara O'Sullivan that Richard Northrup is relentlessly pursuing on behalf of his employee, the alleged victim's uncle who works for Richard Northrup as an investigator?




Barry Cozier cannot be cozier than that

When a judge retires from the bench, he descends from his beyond-the-clowd Olympus and re-enters the crowd of us, the mere mortals.  Right?  Wrong.

The retired judge Carl F. Becker continues to drive around in a vehicle with a "judge" license plates, to claim the parking privileges or a court employee and, likely, to have access to the courthouse from behind, without the necessity of passing through metal detectors.

Two more retired judges Barry Cozier and Peter Skelos (both retired from the New York State Appellate Division, 2nd Judicial Department) were presiding over the New York City "public" hearing of the Statewide Commission for Attorney Discipline.

The transcript reflects that both of these former judges who now work in an active law practice and ARE NOT judges, are called "Honorable" and, throughout the transcript, are called "Judge Cozier" and "Judge Skelos".

Moreover, private attorney Barry Cozier arrogantly and publicly calls himself "Judge Cozier of the Commission", which is a clear misrepresentation to the public of his status as a retired, former judge.

And, private attorney Barry Cozier no less arrogantly calls private attorney Peter Skelos "Judge Skelos", for another misrepresentation, and private attorney Peter Skelos does not object and does not correct Barry Cozier in his misrepresentation.

And, there is no point trying to hold these two private attorneys accountable for their misrepresentations to the public because - guess what - they are insulated by their status of former appellate judges (after all, do you seriously believe that their own former court that they have recently left will discipline them?).

So, these two private attorneys can claim their lifelong status of nobility, of being "Honorable" and publicly calling themselves "Judge" while they are no longer judges - and adding their participation in the Commission to their online advertising as private attorneys, in order to drum up business.

See Cozier's advertising his position on the Commission - and his position as being a member of the "Judicial Screening Committee for the First Department", so when you are talking of corrupt judiciary, he is the one picking them for the bench.



See the bottom of the webpage where Cozier advertised his participation on the Commission where he clearly says that what is on the page is attorney advertising.



By the way, when a disciplinary attorney Mary Gasparini recently tried to present to the 4th Department an argument in my case that "Judge Sirkin" made a report to the court (while referee Sirkin was a retired judge and "made a decision" instead of holding a hearing - which he, not being an appellate judge, had no right to make,  but that's exactly what Mary Gasparini was trying to obscure), the 4th Department actually corrected her (at least, they heard some of what I repeatedly stated in my pleadings - that Sirkin is not a judge and should not be allowed to act like one and make decisions like one):


Yet, there is still no consistency in positioning retired judges.

The 4th Department thinks that "perhaps" "we should be referring to Judge Sirkin as Referee Sirkin since he is no longer a sitting judge", an interesting language twisting for people who know exactly what they are saying - the court is not saying "Referee Sirkin is not a judge, and let's not call him a judge".  No, the court says "we should be referring to JUDGE Srikin as Referee Sirkin", so Sirkin, for the "court" is still a judge.

And so are private attorneys Skelos and Cozier for Chief Judge Lippman, because three official transcripts published on the site of the New York State Court Administration call them judges.

Barry Cozier who called himself "Judge Cozier" in the public hearing in NYC, is not a judge since 2006 when he retired - that is for 9 years - and changed two law firms since then, according to his biography on the site of his law firm right now.

Yet, for 9 years he continues to call himself a judge?  And advertise his position as a judge so that he gets more business?

And frown on people, like he did at anybody who would say anything that he did not like at the public hearing?

And have a bulky male court attendant descend upon a middle-aged petite woman simply because what she was saying was pointing out that Barry Cozier, at the time when he was an appellate judge, contributed to the mess that he is pretending to deal with now?

Only it is not a good way to deal with the mess and do the fact-finding by refusing to look at evidence offered.

And it is not a good way to deal with that mess when Cozier's wore his heart on his sleeve expressing on his face displeasure with any criticism toward the legal profession and the judiciary that was pronounced at the hearing (I've seen videos that people made on their phones and posted on Youtube).

And it is not a good way to deal with a public hearing when Cozier shut up the last witness, Elena Sassower, did not allow her to speak, quickly wrapped up the hearing and fled.

Because, after all, Barry Cozier was not at the hearing to help the legal consumers.  He does not identify with low-income people whose rights are screwed by the courts and by legal elite.

His clients are not whose rights are violated.

He himself belongs to the legal elite and belonged earlier to the judiciary who ARE the problem. 

So, he put his participation in the Commission into his advertising, came to the public hearings, shut down all criticism and fled.

I will hold my breath to see his recommendations to Lippman.  But I am sure Cozier will try to make sure no changes in his own status quo and status quo of people like him will occur.




Tuesday, September 22, 2015

Porter Kirkwood's financial supporters are not the same people who are going to appear in front of him in Family Court



Bruce Maxson is one of the Otsego County Public Defenders.


Deputy Delaware County Clerk Debra Goodrich donated to Porter Kirkwood's campaign 3 times so far.




James Eisel is the Chairman of Delaware County Board of Supervisors.  He is much obliged to Porter Kirkwood as Delaware County Attorney to protect Mr. Eisel, and may be expecting benefits from Porter Kirkwood when Porter Kirkwood gets on the bench.

Sharon O'Dell is the Delaware County Clerk.



Richard Ucci is the Delaware County Coroner.




Cheryl Barr is a Corrections Officer in Delaware County Sheriff's Department.






John Hubbard is Chief Assistant Delaware County District Attorney.


Christa Schafer is the Secretary of Delaware County Board of Supervisors.













Sylvia Armanno is Delaware County Deputy Commissioner of Social Services.




Mark Tuthill is the Town Supervisor of the Town of Delhi and a member of Delaware County Board of Supervisors.





John Vickers is or recently was, as the scan above shows, a Division Chief of Western Operations of the NYC DEP.



Kurt Holcherr is a member of the Zoning Board of Appeals of the Town of Middletown.


Carl J. Mugglin is a retired appellate judge and a supporter of Carl Becker, the former County judge.

Liz Arehart is the wife of Dave Arehart, SUNY Delhi golf course manager.







Linda Blocker is a visiting instructor in SUNY Delhi.

Seth Blocker is a chiropractor who testified as a source of information for Delaware County Department of Social Services against his own former patient who stopped using Dr. Blocker's services and gave evidence to investigation against Dr. Blocker for certain authorities.

I will next provide information about contributions to Porter Kirkwood's campaign finance from wealthy professionals, business people and landowners.

Yet, I can say already now that people who are financially supporting Porter Kirkwood in his judicial election campaign are not the same people who are going to appear in front of him in Family Court, but people who may look for future benefits from Porter Kirkwood in some commercial or negligence litigation in the Supreme Court, since County/Family Court judges are always appointed as Acting Supreme Court justices.

And the fact that mostly rich people support Porter Kirkwood is a matter of concern.











Judicial candidate Porter Kirkwood did not file his 10-day post-primary campaign finance report

Today I checked the site of New York State Board of Elections today for Porter Kirkwood's filings.

The last filing was made before primaries.

Post-primary filings were required to be made by September 21, 2015.

Porter Kirkwood did not make those filings.

I will keep my readers informed when post-primary campaign finance reports are posted.

Stay tuned.