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.
Friday, August 25, 2017
Utah county created an oversight panel for prosecutors - a first that, if followed, can change the criminal justice system
Imagine if such commissions are established throughout the United States, at county levels - reviewing whether prosecutors committed unethical conduct (under the cover of the "absolute immunity" that courts unlawfully give them) - and if actual discipline may be imposed upon prosecutors because of decisions of such panels.
Maybe, just maybe, our criminal justice system will become a little less corrupt.
How about asking your own county for such a panel?
The rising "shining star" of Delaware County government - Acting Sheriff Craig DuMond and his record of integrity and competence
At the end of that article, I posted a flurry of well-wishes to the retiring Sheriff Mills and to his replacement, the previous Undersheriff, and the future Acting Sheriff Craig DuMond.
The well-wishers praised Mills and DuMond for their integrity, competence, and claimed that Delaware County was and is going to be in very good hands.
Of course, regular lawsuits against Delaware County police and social services for egregious violations of people's constitutional rights come non-stop, and the recent several lawsuits:
- two involving the nephew of the District Attorney's investigator Derek Bowie,
- one about starving a pre-trial detainee as punishment, and
- one about fabricating a felony child sex abuse case against a Hispanic legal immigrant, a deportable offense,
Nor was the "certification" of "horseback police patrol" announced in any official news releases on the Delaware County Sheriff's website - and do we really need to wonder, why?
Once again, JUST AFTER the New York State Comptroller finished the audit pointing out to the County the inappropriateness of dishing out contracts without public bidding, Undersheriff Craig DuMond dished out a contract to stable horses for "horseback patrol" - to himself and his wife. Without public bidding.
Obviously counting on the fact that nobody will give a damn as to what he is doing as long as he pleases enough people in power to cover up for him.
Then, just recently, DuMond came up with a great statement for the Walton Reporter claiming that Delaware County Sheriff's Department had always rented its police officers to patrol the Delaware County Fair, while admitting that the fair grounds are private property (rented by the Fair Council for the duration of the fair each year).
Imagine that you, as a private individual, hire Delaware County police officers to guard your business for a little extra pay.
What if you then commit a crime - wouldn't it be a little awkward for Delaware County Sheriff's deputies, who were paid by you for their services for you as security officers, to investigate and prosecute you?
That same conflict of interest exists in Delaware County Sheriff's Department renting their officers for ground patrol of Delaware County Fair, during County time, for an extra fee.
And, you know what else was interesting at the Delaware County Fair this year?
As reported to me by people who visited it - the total lack of horseback police.
Not one of them.
While DuMond announced that horseback police (with horses stabled at his private property, obviously at the County expense, without a public bidding contract) is necessary for "crowd control" - specifically at the Delaware County Fair.
For those of my readers who do not know the specifics of Delaware County, New York, it is a very rural, very wooded, very large county with very sparse population, where there are more deer and bears than people, and where the claim of a need for "crowd control" is simply ridiculous.
The only two times that anything approximating the definition of a "crowd" happens in Delaware County is:
1) Fair on the Square in the County seat, Delhi, NY, which happens every Friday for 4 Fridays, starting with the 4th of July; and
2) the Delaware County Fair.
Yet, horseback police do not appear at either of these events, so, very likely it was just an excuse to hire a friend and pay him for a "certification" course, as well as to have the police some free riding lessons at public expense and to pocket the money for upkeep of horses.
After all, when everybody who counts loves you and thinks you are a shining star of integrity, like the Delaware County Clerk Debra Goodrich (who is supposed to be neutral since she is the clerk of the County, criminal, court, and the Sheriff's personnel testify in that court as witnesses)
who can prevent you from living the life of a corrupt thug that you are used to?
Did the sudden "retirement" of Delaware County (NY) Sheriff Thomas Mills due to public exposure of Delaware County Sheriff's Department for starving prisoners in the Delaware County jail as punishment, engaging in raging nepotism, employing abusive and incompetent cops and having his Department concoct fabricated criminal charges against people?
After all, they are paid, with benefits, whether they are doing their job or not, and they are employing vast clans of relatives and friends to support, so there is a "moral obligation" to those clans to keep on going.
Yet, recently, as I wrote before, there was a tide of "retirements" from appointed and elected public officials in Delaware County - which curiously coincided with:
- the audit of the county by the New York State Comptroller - around the time of investigation and release of the audit, FOUR public officials that may have been involved "retired":
- Delaware County Attorney Richard Spinney;
- Delaware County Attorney Porter Kirkwood;
- Delaware County Commissioner of Social Services William Moon, and
- Delaware County Judge and former Assistant Delaware County Attorney for Social Services Carl F. Becker;
- the investigation by the New York State Commission for Judicial Conduct - the same Carl F.Becker "retired" from his judicial position long before the end of his term and long before his mandatory retirement at 70, after fighting tooth and claw for that "re-election" (documents that he was elected the first time in 2002 were never properly filed, and my law license was suspended when I raised the issue of Becker's legitimacy in court) - while the New York State Commission for Judicial Conduct reported in its annual report that several judges "retired"/resigned during investigation; Becker had many complaints against him, as I know as a blogger who received tips from people complaining about him;
- a criminal complaint - Delaware County Clerk Sharon O'Dell
quickly "retired" in 2016 when I filed a criminal felony complaint against her (which did not result in charges yet) for knowingly filing a false multi-thousand-dollar judgment against me in collusion with attorney (and town justice) Jonathan S. Follender; - an FBI investigation - Delaware County Chairman of Board of Supervisors James Eisel.
As a result of a settlement in a lawsuit, in December of 2015 the very Democratic Governor of the State of New York Andrew Cuomo announced that prisoners in New York State prisons will no longer be "treated" to what amounts to a punishment through starvation - the so-called "loaf".
Apparently, Delaware County jail practiced starvation of its prisoners, and that same starvation as punishment continued further - as evidenced by a pro se lawsuit filed in January of 2017 against the Delaware County.
While the lawsuit was dismissed, it was dismissed without prejudice, and can be renewed, especially that Darryl Bradshaw's conviction was reversed and vacated and he was released from state prison.
Since Mr. Bradshaw filed his lawsuit from state prison, it is apparent that he was not serving time in Delaware County Jail, but was held there as a pre-trial detainee.
His lawsuit also mentions that he filed multiple grievances against Delaware County jail, raising the issue whether he was starved in retaliation for those grievances.
The lawsuit also asserts that "disciplinary starvation" of Mr. Bradshaw was ordered without following the "normal procedure", whatever the "normal procedure" may be for ordering starvation of a pre-trial detainee as punishment.
So, whether the lawsuit is or is not renewed, Thomas Mills' Department was exposed for starving pre-trial detainees.
Mills' Department was also earlier exposed, in a lawsuit that ended up with a settlement on the eve of trial, for hiring police officers outside of Delaware County (a jurisdictional violation arguably rendering all their arrests legally void), with local kinship and connections to high-ranking employees in Delaware County government substituting for education, training and character fitness.
Yet another lawsuit against the Delaware County, currently pending, alleges that the Delaware County investigators from Social Services and Sheriff's Departments fabricated a false criminal charge of felony child sexual abuse (a deportable offense) against a Hispanic legal immigrant. which can promise Delaware County taxpayers a hell of a lot of damages to have to pay out, whether the case goes to trial or is settled.
The fact that the Delaware County's litigation attorney hired by its insurance carrier, the Frank Miller Firm, and chose to remove the case from Delaware County Supreme Court to the U.S. District Court for the Northern District of New York, the fact that Delaware County did not trust Delaware County Supreme Court to resolve this lawsuit in its favor (even though it recently fixed for the same Frank Miller firm a lawsuit against a police officer for vehicular assault on a resident of Delaware County, where a criminal case was fabricated against the victim of assault and where criminal charges were also finally dismissed), says that the Delaware County sees the writing on the wall as to how bad the fallout for it may be.
- Delaware County Sheriff's Department employees participated together with Margaretteville School District Employees, New York State Child Abuse Register and Delaware County Department of Social Services, in
- forensic interviews of a child without presence, knowledge or consent of her mother;
- while not using proper interviewing techniques;
- while not video- or audio-recording MULTIPLE successive interviews;
- while trying to coerce the child by leading questions to accuse her uncle of sexual child abuse, which the child denied.
- a health condition,
- sudden family circumstances;
- the two latest lawsuits, or
- the previous lawsuit against Derek Bowie, which was settled, but exposed unlawful practices in the Delaware County Sheriff's Department, or the supposedly ongoing FBI investigation of the County, or
- the recent controversy where his employees, working, according to press reports, on a contract from Delaware County Fair Board (in a rent-a-cop capacity),
- removed a woman from the fair grounds for "public disturbance" - for photographing merchandise, Confederate flags, which were on public display -
- hire unqualified violent people on pedigrees and connections,
- allow his staff to fabricate criminal cases,
- intimidate critics of the government and condition ability of defense attorneys (who are suing the county) to visit their clients in jail on allowing searches of their privileged client files, and
- torture pre-trial detainees with starvation -
Tuesday, August 15, 2017
#NBC12 joins The Economist in fabricating a false picture of what public opinion in the country is
In that blog article, I pointed out the two U.S. Supreme Court precedents that legitimized (at the judges' "discretion" - meaning, that the judges willingly accepted those cases out of the absolute majority of case that they rejected, and ruled in favor of the Nazis and the racists, bending the law):
- a Nazi march in a village populated by Holocaust survivors; and
- cross-burning on the lawn in front of a residence of African-Americans.
Today, NBC12 joined the fray, now marking as spam - gasp! - references to these two U.S. Supreme Court precedents.
- a troll,
- a Nazi sympathizer,
- a white supremacist,
- a rapist and rape sympathizer, and
- where it was pointed out that I am all things bad because I am from Russia etc. - and NBC12 did not consider it necessary to erase any of that as spam, even though these personal attacks were certainly not answers to my question, this question:
And, after I posted the links to the US Supreme Court precedents allowing Nazi marches and cross-burning, and asking people, why they attack me for asking a legal question instead of protesting court decisions legitimizing racism and hatred, NBC12 started to block practically all my comments, even those answering what was really spam, like this exchange:
My question asking #RebeccaJamarillo to answer to the question I actually asked in my comment, was marked and deleted as spam:
The next comment marked as spam was - no, not this one, accusing me out of the blue of supporting a rapist or rape:
No, NBC12 shut me down and prevented me from ANSWERING the abusive comment, after the author did not like that I put a laughing emoji on that comment:
The next comment that NBC12 marked as spam was actually agreeing with a commentator who supported my question:
The same attitude was demonstrated by NBC12 when it did not delete as spam personal attacks and threats directed at a woman who commented (in agreement with my critics' logic, by the way), that on the same grounds ("at will" no-reasons-stated firing) any employer can also fire anybody else, including a BLM member, here is part of that thread: