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.


Sunday, October 18, 2015

Porter Kirkwood and his alleged 3,000 cases: let's have a trip to Delaware County Family Court and then do the math

A reader sent me an election campaign flyer of Porter Kirkwood, a judicial candidate for the Family Court seat in Delaware County, New York.

In that election campaign flyer, Porter Kirkwood claims that he has "handled" 3,000 cases in Family Court.





First, this claim is absolutely unverifiable - because Porter Kirkwood was and still is a social services attorney, his "Family Court cases" must be exclusively child neglect and abuse cases.

I encourage future voters to march into Delaware County Family Court at 3 Court Street, Delhi, NY 13753 across from the post office, and demand review of Porter Kirkwood's 3000 Family Court cases.

You will be denied that access because child neglect cases are sealed, so Porter Kirkwood can blow bubbles all over you and can tell you how many thousands of cases he allegedly "handled" in Family Court - it is absolutely unverifiable.

Moreover, I suggest for the readers to engage in a little math experiment to show that not only the number 3,000 is unverifiable - but it is likely false, as are many Porter Kirkwood's claims in his election campaign (I will continue to analyze Kirkwood's election campaign flyer, issue by issue).

So, this is the claim that Porter Kirkwood made in his flyer - once again:


Porter Kirkwood was admitted to practice law in 1994 after graduating from an elite private law school:



Upon information and belief, he worked for Delaware County Department of Social Services ever since he was first licensed in 1994, including at least 6 years under the "guidance" of Carl Becker as his boss and mentor.

So, Porter Kirkwood worked for Delaware County for 21 years as an attorney for social services.

Most of the time before Becker got on the bench in 2002, Becker litigated child abuse and neglect cases.

After Becker got on the bench, Amy Merklen litigated child abuse and neglect cases, with Porter Kirkwood handling only a small fraction of the cases.

As I stated above, his participation in cases is unverifiable, because Delaware County Family Court will not allow review of any child neglect or abuse cases by anybody who was not a party or attorney of record for a party in those cases, so he can just as well tell the public that he handled a million such cases - it will be equally unverifiable.

Yet, realistically speaking, let's do the math.

To be able to handle 3,000 cases in Family Court over the course of his career, Porter Kirkwood was supposed to be in court every other day to handle child neglect cases.  

That is simply not happening - not only Porter Kirkwood was not in court nearly every day, and there were times when I was in that same court every single day, and did not see him at all, but other attorneys were usually litigating child neglect cases, and my suspicion is - because Porter Kirkwood is not a good litigator.

I dare Porter Kirkwood's election campaign to present to voters his court calendars indicating that he, indeed handled 3,000 cases. Court calendars do not mention names, only file numbers, and are public.

I doubt Kirkwood can or will produce such calendars to the public.

Which brings me back to the 3,000 cases.

When such numbers are unverifiable, and the level of competence in participation in such cases is similarly unverifiable, such numbers should not be used in bold font, white on red, in an election campaign - because, without ability to verify these numbers, they very likely be fraudulent.


Porter Kirkwood appreciates bashing the hard working families of Delaware County

Here is what judicial candidate Porter Kirkwood has posted on his Facebook page.



This is what Porter Kirkwood appreciates - I obtained a copy of the statement by following the link:

==

Based on what I have been reading and on my attendance at a recent debate, I would like to take just a minute to compare the two candidates for Delaware County Family Court judge.
Gary Rosa is basing his campaign on basically three facts. The first fact is that he was born and raised in Delaware County. Porter Kirkwood was not born and raised in Delaware County. Does that really make Gary Rosa a better candidate? Not in my opinion.


The second aspect that Gary Rosa is promoting is the fact that he is a town justice, having his campaign pictures taken with a judicial robe. Literally anyone in New York state can be a town justice, provided he is elected. New York state requires more schooling for such occupations as manicurists and hairstylists. Porter Kirkwood has worked as an attorney in the Family Court system for approximately 20 years. I personally would rather have a Family Court judge that has been a practicing Family Court attorney. This experience is insurmountable.
Lastly, Gary Rosa is saying that as a town justice, he has presided over family court matters. Yet, to my knowledge he has never given the public the number of family court cases he has overseen. Porter Kirkwood, on the other hand, has presided over at least 3,000 family court matters. This obviously gives Porter Kirkwood overwhelming experience.
I strongly urge Delaware County registered voters to vote for Porter Kirkwood for Delaware County Family Court judge on Nov. 3.
==
So, Porter Kirkwood appreciates:
(1) his supporters express extreme disrespect to his opponent - an attorney and a judge - by saying that "New York state requires more schooling for such occupations as manicurists and hairstylists" (than town justices), thus practically spitting on Gary Rosa's 23 years of public service as a town justice, and
(2) that his supporters misrepresent his experience in Family Court by saying that he allegedly PRESIDED over 3,000 cases - Porter Kirkwood did not correct that statement, he instead "appreciated" it "genuinely".
Only a judge "presides" over cases, so Kirkwood tries to dupe the voters into believing that he has judicial experience - while he has none.
Porter Kirkwood, by endorsing this disrespectful statement of Barbara Cole, showed his real face.
Apparently, "manicurists" and "hairstylists" do not deserve respect, the way Barbara Cole mentioned them - and Porter Kirkwood endorsed that disrespect.
Yet, Delaware County is a poor county, and hairstylists and manicurists actually make good money for the county - and work really hard to get that money.
Kirkwood wants to run on a platform of "public service" and "helping hard-working Delaware County families" by gathering support from those who despise those very people who do his hair and nails?  Great job, Porter Kirkwood, in serving the hard-working families of Delaware County, especially those of hairstylists and manicurists.
Kirkwood learnt from his mentor, Becker, first, mentioned in his campaign interview that more social services supervision is needed of schoolchildren because the quality of schoolchildren has gone down since there are not as many "doctors, lawyers and shopkeepers" in Delaware County - clearly showing that Becker's idea of public service is social control over the poor whom he despises, them and their children, and considers them second-rate.  
Becker was also condescending and disrespectful to his opponent Judge Gary Rosa - which also showed him as the self-important buffoon that he is - same as Porter Kirkwood, Becker's dutiful apprentice.
 "Gary (note the condescension where Becker calls his opponent by his first name, and his opponent calls him respectfully Judge Becker - even though Gary Rosa at that point was Judge Rosa, too - T.N.) did some family court work when he first came back to Delaware county, but after about four years, he drifted away from it. Currently, he cannot come into my family court and represent a child in an abuse or neglect proceeding or in a custody proceeding because he has never taken the training. 

He’s dealing with traffic tickets and DWIs -- the small stuff. The difference between what he’s doing and what I'm doing is the difference between flying a single engine prop plane and a 747. It’s just a completely different skill set."
Of course, Becker lied, because no additional training is required for an attorney to appear in child neglect and abuse cases, and Gary Rosa not appearing in Becker's court representing child neglect cases does not mean he did not appear in any other Family Courts - but you can expect Becker to lie, one way or another.  In my experience, he always lied in cases - either by misrepresenting the record, or by failing to disclose his conflicts of interest, or by having the Election Board file a false and fraudulent certificate of election when his judgeship was challenged - correctly - as illegal.
Yet, Becker is a past experience for Delaware County.
His 747 has crashed - but his dutiful student Kirkwood is trying to land and saddle Delaware County voters, with Becker's help.
Yet, Kirkwood is the same as Becker:  self-dealing, dishonest, disrespectful to opponents and looking down on the "hard-working families" of Delaware County who he has been splitting in Family Court and robbing by approving awards of no-public-bidding contracts.  
Not a good judge material.




Porter Kikwood working hard for "hard-working Delaware County families" - splitting them and defrauding them

While the headline, and the statements below, read like sick jokes, those are statements in Porter Kirkwood's election campaign:


Leadership and work ethic.

In delivering justice.



Working hard for people of Delaware County.

I am a Delaware County taxpayer, and thus, part of the "people of Delaware County". 

I am very much interested to know how Porter Kirkwood "works hard" for me.


1) that Kirkwood “came here less than 20 years ago to work for the commissioner of social services”;
2) that Kirkwood “has no ties that bind him to Delaware County other than a good-paying job at taxpayer expense.  I predict that when he no longer has a good job at taxpayer expense, he will no longer be in Delaware County because other than a job he has no stake in Delaware County”;
3) “The fact is, each and every time [Kirkwood] appeared in family court it was to represent the commissioner of social services. Regardless of how many times he has been in family court, it has always been on behalf of the same client,” he said. “In contrast, my trips to family court have been on behalf of people – Delaware County families";
4)"When my opponent gratuitously says he has saved your taxpayer dollars, ask him how. How do no-bid contracts save taxpayer dollars?”
5) Gary Rosa also mentioned, back in June 2015, that Porter Kirkwood asked for a $40,000 raise from his salary of $93,000 when he became Delaware County Attorney.

Porter Kirkwood answered that criticism, and specifically the part that one of his first steps on the job is to lobby for a steep salary increase for himself.

In his criticism in June of 2015, Gary Rosa used old information about Porter Kirkwood and claimed his salary was, as reported by seehthroughny.net in 2013, $114, 917. 

While confirming Gary Rosa's numbers from seethroughny.net, Porter Kirkwood did not disclose that his salary, since January of 2015, was actually $125,917.

Not disclosing his brand new salary hike in response to Gary Rosa's criticism was omission amounting to representation - and fraud upon voters.

Porter Kirkwood claimed that his salary hike was justified, because he should get as much as the District Attorney, yet, he allows an outside law firm to handle litigation for the county.

The District Attorney - as much as I criticized him for his misconduct which, I firmly believe, makes him unfit to be a judge or a lawyer - is actively litigating in court in front of juries, while Porter Kirkwood's only "advantage" was litigating in front of his former boss and colleague and current friend Becker and getting the cases of Delaware County Social Services fixed this way between two attorneys for social services - one present and one former, who was on the bench.  Not much honor, experience or competence is needed for such shady dealings - only a lack of integrity.

It does not take much brain, ladies and gentlemen, to get a case fixed from a judge who works not as a judge, but as a second counsel for social services in child neglect proceedings - as Becker did for years.  All it takes is just the lack of integrity, and Porter Kirkwood has enough of that "quality".

As to Kirkwood's competence, I know of a case that Porter Kirkwood lost at trial with nobody appearing against him - a statement of complete incompetence.

In two recent cases that I handled in federal court, in one of them, Porter Kirkwood filed a notice of appearance without indicating who is his client, on whose behalf he is appearing - a statement of complete incompetence.

In another, Porter Kirkwood represented a County official as long as he was able not to file his own motions and responses to motions, but support other people's motions.  As soon as his serious input was needed, an outside law firm was hired.

Let's also note what kind of cases Porter Kirkwood handles in order for him to claim that he has been "working hard" for "hard-working families" in Delaware County, and that, as a judge, he will continue doing it.

People who provide financial support to Porter Kirkwood are either government officials, or rich landowners and professionals like accountants and real estate brokers.

They are NOT appearing in Family Court cases.

They are hoping, apparently, to appear in front of Kirkwood in Supreme Court cases once Kirkwood is appointed an Acting Supreme Court justice (a usual practice for rural Family Court judges) - and then he will fix cases for his supporters the way Becker fixed cases for his supporters, after all, Kirkwood learned at the knee of the best fraudster on the bench.

The spread of supporters for Kirkwood is here:

















The "leaders you trust" include:


  • Carl Becker - a much sued recently retired fraudster on the bench;
  • Shields - who obtained a case fix from Becker and then supported him for reelection;
  • several town supervisors - who had to participate in the CRIME of awarding public contracts without public bidding
  • 3 senators - well, endorsement by senators at the time when senators in New York are dragged away in shackles one after another, does not add much to credibility of the supported candidate, and, to crown it all,
  • the retired judge Carl Mugglin, a sexist - and brainless -  bully,  who went to the bench after demonstrating incompetence as an attorney (three courts could not make head or tail of the will drafted by Carl Mugglin some 40 years ago) and who harbors an opinion that criminal trials can be held in churches, and that female attorneys should shut up and not "dig holes for their clients with their intellectual efforts", count on Carl Mugglin to tell you that he has never seen a better lawyer than Porter Kirkwood, Carl Mugglin is a real expert to discern attorney excellence, after all, he also endorsed Becker.
And - by the way - it is a mystery to me how the 3 senators, NONE OF WHOM reside in Delaware County can support Porter Kirkwood with their votes on November 3, 2015 - that is one more fraud upon the voters.  I wonder if these senators know how their names are used by Kirkwood.  If they do, they are participants in voter fraud.


And, dear voters, please, pay attention to the fact that NONE of these endorsers will EVER be litigating in front of Kirkwood in Family Court.

Their interests lay in a completely different territory - Supreme Court, where Kirkwood will be fixing cases for rich parties, providing return on investment for support in election by providing the "right" decisions and sanctioning the enemies of supporters, their families, friends and political connections.


So, the leaders you, dear voters, allegedly trust, include people like Becker - who split "hard working families" for 27 years through social services, and then fixed cases for the same social services, and for his friends and former colleagues since 2002 when he came to the bench.

The "leaders who you trust", dear voters, are the town supervisors who participated in the sweet deal of awarding millions of dollars in YOUR money to unknown individuals bypassing public bidding - and Delaware County still resists my FOIL request to provide copies of those contracts. 

The "leaders who you trust", dear voters, is Beverly Shields who makes "final determinations" on public contracts that bypass public bidding - according to her own statement in support of Porter Kirkwood, endorsed by Porter Kirkwood by placing it on his Facebook campaign page.

The "leaders who you trust" are those who, for years, used your hard-earned money exacted out of you in taxes, under the threat of foreclosure on your homes to defraud you and self-deal for themselves, their friends and relatives using YOUR money.

Becker was the one who would endorse County foreclosures on your homes if you do not pay taxes to support these fraudsters.   Now Becker is gone, but the County needs "its own person" on the bench, so Kirkwood is now up for sale.


Gary Rosa already summed up the essence of Porter Kirkwood's election campaign - and the essence of his activities:

“I don’t know about you, but there’s nothing that disgusts me more than a government official trying to insult my intelligence,” Rosa said. “It’s exactly this kind of arrogance we can no longer accept.”

And we shouldn't.

Don't vote for the fraudster Porter Kirkwood.

Vote for Gary Rosa, the only candidate not only with 23 years of judicial experience (while Kirkwood has none) - but with integrity (while Kirkwood has none).

Delaware County Treasurer Beverly Shields as the expert in Family law - and in defrauding voters, for a consideration

I wrote on this blog about fraud upon the voters of now quickly retired Delaware County judge Carl F. Becker.

How he misrepresented his record of reversals in his own recent election campaign in 2012.

How he used a party in litigation in front of him, Delaware County Treasurer Beverly Shields (who was, as the election fliers disclosed, after the court case closed, Becker's close personal friend who knew Becker's after-hours and weekend schedule).  



Of course, such close "friendship" required disqualification of Becker from Shields' case - which, of course, never happened.  Instead, a transcript exists in that case where the then-Delaware County Attorney Richard Spinney (retired "with an honorable plaque" in 2012) admits to an ex parte communication with Becker when Spinney either came to Becker's chambers or called Becker to discuss the case - and even that did not get Becker off the case.   

And, I reproduce here the table I have put into the original blog about Becker defrauding his voters in the 2012 election campaign with the help of Beverly Shields.  Becker was "rarely" reversed.  Indeed.




No.
Case Name
Date
Reversed or Modified
Reason
Appellant’s attorneys
1
People v. Miller, 11 A.D.3d 729, 783 N.Y.S.2d (3dr dept., 2004)
October 21, 2004
Reversed and remitted
Ineffective assistance of counsel
David Roosa, Sidney
2
People v. Van Buren, 4 N.Y.3d 640, 830 N.E.2d 1130 (N.Y., 2005
May 10, 2005
NY Court of Appeals reversed decision of 3rd Department which affirmed Judge Becker's decision
Erroneously dismissed traffic ticket to an attorney issued by environmental police
Andrew Van Buren, Hobart, Pro Se
3
Edward S. v. Kelly S., 18 A.D.3d 976, 795 N.Y.S.2d (3rd Dept., 2005)
May 12, 2005
Reversed and remitted 2 orders
Erroneous dismissal of father's petition for substantial change of circumstances for failure to state a cause of action without a hearing
Lo Pinto, Schlather, Solomon & Salk, Ithaca (Diane V. Bruns of counsel)
4
In re Jessica GG., 19 A.D.3d 765, 797 N.Y.S.2d (3rd Dept., 2005)
June 9, 2005
Reversed and remitted
Family Court's admonition to minor that she had the right, but was not required, to testify at fact-finding hearing did not satisfy requirement that minor be advised of right to remain silent at proceeding to adjudicate her a person in need of supervision (PINS).
Jehed Diamond, Delhi, attorney for the child in PINS (persons in need of supervision) proceedings
5
Smith v. Smith, 24 A.D.3d 822, 804 N.Y.S.2d (3rd Dept., 2005)
December 1, 2005
Reversed
Appellate court vacated order of protection against the father
Theresa Mulliken, Harpersfield
6
People v. Abuiz, 31 A.D.3d 889, 817 N.Y.S.2d (3rd Dept., 2006)
July 13, 2006
Affirmed as modified
Appellate court reversed defendant's convictions of criminal possession of a weapon in the fourth degree under counts 2, 4, 6, 8, 10, 12 and 14 of the indictment; matter remitted to the County Court of Delaware County for a new trial on said counts;  Judge Becker usurped the jury's fact-finding function in response to jury inquiry,  factually directed a verdict of guilt as to criminal possession of a weapon in the fourth degree in the event that the jury found defendant guilty of criminal possession of a weapon in the third degree
Rosemarie Richards, Gilbertsville
7
Sparling v. Robinson, 35 A.D.3d 1142, 826 N.Y.S.2d (3rd Dept., 2006)
December 28, 2006
Reversed
(1) mother's failure to have child return several telephone calls from father and members of father's household, and reference to father in derogatory terms, did not amount to change in circumstances warranting modification of custody order, and (2) modification of custody order to grant father sole custody of child was not in child's best interests.
Jehed Diamond, Delhi
8
Tanner v. Tanner, 35 A.D.3d 1102, 826 N.Y.S.2d (3rd Dept., 2006)
December 28, 2006
Reversed and remitted
Denial of incarcerated petition for visitation with the child without a hearing
Theresa Mulliken, Harpersfield
9
Meier v. Key-Meier, 36 A.D.3d 1001, 828 N.Y.2d (3rd Dept., 2007)
January  4, 2007
Affirmed as modified
Appellate Court reversed denial of counsel fees to father
Rosemarie Richards, Gilbertsville,  Andrew Van Buren, Hobart
10
Armstrong v. Heilker, 47 A.D.3d 1104, 850 N.Y.S.2d (3rd Dept., 2008)
January 17, 2008
Affirmed as modified and remitted
Appellate court reversed order directing mother to submit to mental health evaluation by expert chosen by father
Jehed Diamond, Delhi
11
Amato v. Amato, 51 A.D.3d 1123, 857 N.Y.S.2d (3rd Dept., 2008)
May 1, 2008
Reversed and remitted
Failure to appoint an attorney for the child
Andrew Van Buren, Hobart
12
Gil v. Gil, 55 A.D.3d 1024, 870 N.Y.S. 2d (3rd Dept., 2008)
October  16, 2008
Affirmed as modified
Appellate court vacated stay away provisions of the order of protection against the father as unsupported by the record
James M. Hartmann, Delhi
13
Hills v. Madrid, 57 A.D.3d 1175, 869 N.Y.2d (3rd Dept., 2008)
December 18, 2008
Affirmed as modified
Appellate Court vacated award of sole custody to the mother as not supported by the record, restored joint legal custody
Cynthia J. Tippins, East Greenbush
14
Adams v. Bracci, 61 A.D.3d 1065, 876 N.Y.S.2d (3rd Dept., 2009)
April 2, 2009
Affirmed as modified
Appellate court vacated award to father of sole custody where father did not request such a relief in petition, no notice to pro se mother
Paul J. Connolly, Delmar
15
People v. Beames, 71 A.D.3d 1300, 896 N.Y.S.2d (3rd Dept., 2010)
March 18, 2010
Reversed and remitted
trial court's findings of fact and conclusions of law were insufficiently detailed to permit intelligent appellate review, and (2) mitigating circumstances did not support downward departure in defendant's presumptive sex offender risk level classification
Theresa Mulliken, Harpersfield
16
People v. Hull, 71 A.D. 3d 1336, 898 N.Y.S.2d (3rd Dept., 2010)
March 25, 2010
Reversed and remitted
Ineffective representation of counsel
Jonathan I. Edelstein, New York City
17
In re Village Of Fleischmanns, 77 A.D. 3d 1146, 909 N.Y.S.2d 564 (3rd Dept., 2010)
October 21, 2010
Reversed
Village was not equitably estopped from foreclosing
Bond, Schoeneck & King, P.L.L.C., Albany (Robert H. Feller of counsel)
18
Moore v. Sloan, 88 A.D.3d 1193, 932 N.Y.S.2d (3rd Dept., 2011)
October 27, 2011
Affirmed as modified
Appellate court vacated order without a hearing that granted mother sole medical decision-making authority
Theresa Mulliken, Harpersfield
19
Geywits ex rel. Geywits v. Charlotte Valley Cent. School Dist., 98 A.D.3d 804, 949 N.Y.S.2d (3rd Dept., 2012)
August 16, 2012
Reversed
Appellate court reversed the denial of motion for the summary judgment to the school sued for failure to supervise minors who were allowed to go to the restroom alone and were exposed to sexual misconduct of a sophomore, the appellate court found that the  school lacked notice of prior similar misconduct
The Mills Law Firm, LLP, Clifton Park, Christopher K. Mills
20
Shields v. Carbone, 99 A.D.3d 1055, 952 N.Y.S.2d (3rd Dept., 2012)
October 18, 2012
Affirmed as modified
Appellate court reversed portion of the decision requiring Delaware County to return the bail, instead requiring the law firm O'Connell and Aronowitz, PC to first return bail to Delaware County
Richard Spinney, Delaware County Attorney
21
Scribani v. Buchannon, 101 A.D.3d 1517, 957 N.Y.S.2d (3rd Dept., 2012)
December  27, 2012
Affirmed as modified
Appellate court reversed dismissal of complaint against second defendant
Tatiana Neroni, Delhi
22
People v. Hazen, 103 A.D.3d 943, 962 N.Y.S. 2d (3rd Dept., 2013)
February  14, 2013
Reversed
Appellate court reversed summary denial without a hearing of a motion to modify sex offender level classification, failure to satisfy procedural requirements
Theresa Mulliken, Harpersfield
23
People v. Lynch, 104 A.D. 3d 1062, 961 N.Y.S. 2d (3rd Dept., 2013)
March 28, 2013
Reversed
Failure to grant a motion to withdraw the plea because of a conflict when two criminal defendants were represented by the same counsel
Galluzzo & Johnson, New York City, Matthew J. Galluzzo for appellant
24
Hurtado v. Williams, 112 A.D.3d 1047, 976 N.Y.S.2d (3rd Dept., 2013)
December  5, 2013
Affirmed as modified
Appellate court reversed denial of a motion to dismiss a common law negligence claim by a tavern in a case alleging negligent service of alcohol
Costello, Cooney & Fearon, PLLC, Camillus (Maureen G. Fatcheric of counsel)
25
In re Bayley W., --- NYS2d ---, 2014 WL 1316462, 3rd Dept., April 3, 2014
April 3, 2014
Reversed
Severing parental rights of an incarcerated father without an evidentiary hearing
Theresa Mulliken, Harpersfield


Beverly Shields provided support to Becker after Becker:


  • refused to sanction Beverly Shields (without disclosing that she was Becker's personal friend) for contempt of court in Shields v. Carbone, Delaware County Index No. 2009-440, when Beverly Shields refused to abide by a clear and unambiguous court order of the Appellate Division; and
  • instead, sanctioned the attorney who brought the contempt of court proceeding against Beverly Shields - for making a motion to recuse Becker (who should have recused not only on the basis of what I argued, but also on the basis of what I did not know at that time - ex parte communication with Spinney and personal relationship with Shields).
So,  it clearly appears that Becker paid for Shields' support in re-election of 2012 ahead of time by getting assigned to her case and "fixing" it for her and sanctioning the attorney who wanted legitimate sanctions against her, and Becker's buddy Spinney.


Now I was alerted by a reader that Beverly Shields is engaged in a new bout of fraud upon the voters, now supporting Becker's friend, former subordinate, colleague - and apprentice, Porter Kirkwood, and, it appears, also for a consideration.

In January of 2015, Porter Kirkwood as Delaware County attorney, approved of Beverly Shields new salary - $63,292.  

In October of 2015, Beverly Shields returned the favor by endorsing Porter Kirkwood as a judicial candidate and playing law expert once again, as she - fraudulently - did for Becker in 2012.

Here is what Beverly Shields said in support of Porter Kirkwood:



Of course, Beverly Shields is not an attorney, does not have any training in the law and has no clue about Family Law.  Yet, same as with Becker, she did not care whether what she says in support of a judicial candidate is outright voter fraud - as long as the supported candidate gets on the bench and provides favor for her and for the county where she is an officer.

Bev Shields also chimed in with a "letter to the editor" - reproduced by Porter Kirkwood on his Facebook page:



In her letter in support for Porter Kirkwood Bev Shields claims that two falsehoods are circulated about poor Mr. Kirkwood.

She claims he had nothing to do with the court case in the Surrogate's Court involving Commissioner Moon's and another DSS employee's self-dealing and preying on an elderly person.

Yet, if he had nothing to do with the court case when it was litigated, that does not mean he had nothing to do with legal advice to Commissioner Moon who did not step anywhere without such legal advice.  Shifting the focus to who represented the county in the surrogate court does not take out of the equation that Commissioner Moon acted unethically, and that Porter Kirkwood, as County Attorney since 2013, did nothing to put in an ethical code prohibiting what Commissioner Moon was doing - because Porter Kirkwood himself had a private practice on the side, taking cases that violated his ethical obligation to the county, and working on private cases, including court appearances, during taxpayer-paid time.

Beverly Shields' claimed "Falsehood # 2" - that Porter Kirkwood had nothing to do with the county awarding contract while bypassing public bidding.  Beverly Shields could not even lie credibly for Porter Kirkwood - who endorsed her lies by posting them on his campaign Facebook page.  She said that she "negotiates" her own contract and "only" sends them to Kirkwood for legal review, and then they are sent back for a final determination.

Shields apparently gave away more than she wanted to - that happens with our brainless public officials.  What she gave away is that public contracts MAY NOT be "finally determined" without a PUBLIC HEARING.  Shields has not authority to "finally determine" contracts that require public approval and public bidding.

Hello, Beverly Shields - you did not know that?

Hello, Porter Kirkwood, who endorsed that statement of Beverly Shields' on his Facebook campaign page - you did not know that, with all your 21 years of experience as a lawyer and your $125,917 salary with benefits, at our (and my own) expense as a taxpayer?

Yet, a County Attorney is responsible for verifying whether a contract is legal or not, and a contract that bypassed public bidding is illegal, so his "legal review" amounted to fraud, if he allowed such a contract to proceed - without public bidding.

Apparently, Beverly Shields tried to represent Porter Kirkwood as an attorney, explaining how the process of public contracts by a municipality must work - which Porter Kirkwood gladly accepted by posting it, which once again confirms Porter Kirkwood's utter incompetence. 

Where Bev Shields appears with her support - voters can be assured they are being defrauded and duped.

With friends such as Bev Shields - judicial candidates do not really need enemies.