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, June 1, 2018

The attorney monopoly and the fight for the ultimate penny of the poor

The American Bar Association got concerned about the interesting issue - whether it is "ethical" for a lawyer to ghost-write for a client who is going to court pro se.

A year ago, a federal court has answered "yes" to a lawsuit of lawyers against the Trump administration as to whether they can ghost-write for clients in immigration courts.  I wrote about that lawsuit in detail, here, here, here, here and here.

I also wrote that federal courts are not that forgiving to lawyers who ghostwrite for appearances of pro se clients in their own courts - only in administrative immigration courts.

An article just published by the ABA confirms that the need for ghost-writing for pro se clients who cannot afford the full representation in the case did not go away - and that the ABA approves of the practice, in order to "help" pro se litigants get at least some legal advice and to "even out the playing ground" at least somewhat, if pro se litigants cannot afford the full representation by a representative of their own choice, with or without the ABA approval.

The "innovative" project that caused the ABA's approval (even though federal courts frown on the practice of ghost-writing by attorneys for pro se litigants) is the law firm of a Florida attorney Thomas Ice, The Ice Legal, which, for a fixed rate of $100 a month, ghost-writes pleadings for pro se litigants facing court proceedings, such as foreclosures.


What The Ice Legal does is, basically, is providing retainer/subscription/insurance services for clients for $100 a month - not a full ride, not a full representation, but at least some writing written according to the quagmire of court rules and precedents otherwise incomprehensible for an ordinary American pro se litigant.

That's what the Northwest Immigrant Rights Project has been asserting - the right for itself to ghostwrite while the same Project helps the state Attorney General to quash their competition, people who help their clients providing for them not a ghost-writing, behind the scene, bits-and-pieces representation, but a full representation, without an ABA-approved license (which representation in federal administrative immigration courts does not require).

That is what The Ice Legal is using - the justice gap CREATED by the absolute attorney monopoly and then USED by the absolute attorney monopoly in order to, under the guise of helping with access to justice, milk the "unrich" consumers who lose their homes to foreclosures for their very last penny, without providing a full representation in court.

This is happening in the blessed state of Florida where the highest state court currently fights tooth and claw against yet another legal innovation firm, the so-called TIKD firm, opposing its antitrust lawsuit where sanctions against TIKD is demanded.

You know why?

Because #TIKD helps in yet another area of law where the poor grossly suffer because of attorney monopoly and lack of funds to hire an ABA-approved (licensed) attorney.

What TIKD does is a no-no of "attorney ethics".

It guarantees its result in "no points on your license" - or your money back.

Such a guarantee is prohibited by "attorney ethics" rules - invented by attorneys-judges for attorneys in order to quash innovations just like TIKD.

And, TIKD hires attorneys and has them represent clients on a retainer - instead of an hourly rate directly from the clients, which makes such services cheaper for the client.

And, of course, that is a no-no for competing attorneys who try to run TIKD out of business and bury it in sanctions, as the record of TIKD federal lawsuit indicates.

Because, for TIKD's competitors (attorneys), the big bad issue with TIKD is that the owners of the company who arranged such a break for consumers are not attorneys.  

That was not an issue with the U.S. Department of Justice, though, that voiced their support for TIKD in court.

Yet, to protect their own monopoly of the market, TIKD's attorney-competitors engaged, according to TIKD's lawsuit, in a campaign of intimidation of attorneys who work for TIKD, which included collusion with the Florida Supreme Court and its "arm", the Florida State Bar, in order to make the intimidation effective - drop your work for TIKD or lose your license and livelihood.  So much for the care about consumers.

The interesting part though is that greed often blinds people to anything but their immediate need to protect their turf, their money, their income, their monopoly rent.

This is what happened in TIKD.



I should thank the greed of TIKD opponents for the gift to me as a researcher and to all the American public - highlighting a case that is never taught in law schools (for understandable reasons, it is very, very, very unsavory and shows the ABA in the true light - which the ABA does not want the young law students to see).

In their sanction pleadings against TIKD, the TIKD opponents quoted the case Turner v ABA, where several consumers sued the American Bar Association and courts for antitrust activities in collusion, and for their own rights to choose whoever they want to represent them in court, without ABA's or courts' approval.

Since the attorney monopoly is still here, as well as the justice gap that it had created, you know where Turner v ABA ended - the lawsuit was dismissed.  

The full analysis of how and why it was dismissed, and what place did this and other of the various "antimonopoly insurrection" lawsuits play in the development of both the absolute attorney monopoly and the justice gap in the U.S., will be available in the book that I am currently preparing for publication.

Yet, the essence of the lawsuit was that an indigent (poor) consumers asked several courts in several states (24 lawsuits all in all) to allow them to hire an unlicensed court representative to represent them in criminal proceedings in federal court - because the unlicensed representatives knew how to defend them in tax evasion proceedings and assigned licensed attorneys had no clue, and admitted to that.

The big problem for the ABA was that several courts actually granted that request, and thus the ABA's (and the court's) power as regulators of the legal profession, of access to justice by all Americans, could dwindle, and the "right" to monopoly rent, the right to charge excessive hourly rates would also disappear if consumers would turn to unlicensed individuals with lower rates.

24 lawsuits were rounded up and quashed - and the reasoning was as in a conversation through a brick wall where the court would not hear the pleadings of the litigants.

Where the litigants insisted on their right, as legally competent individuals, to choose their own representative in court, the judge - appointed by one of the defendants in the case (!) - asserted the judge's own interest not to allow "everybody from the street" to work in the courtroom.

Of course, power interests of judges - including the presiding judge - won.

Of course, the attorney monopoly stayed for another 43 (as of now) years and the ABA does not show any signs of relenting about its rule in causing the justice gap and loss of legal rights of poor litigants for over a century.

And, of course, the justice gap became wider and wider as a result, so that now attorneys start to exploit their own creation - the justice gap - in "innovative ways", by ghostwriting - The Ice Legal (Florida) and the Northwest Immigration Project (Washington), and my trying to quash TIKD - for being owned by non-lawyers, even though the actual services are still provided by lawyers.

The fight for the ultimate penny of the poor and for control over access to justice by the poor continues.

Yet, the position of the ABA that is now approving ghost-writing shows that the legal profession, with its monopoly, priced itself out of sight of the majority of Americans, runs out of clients who can pay for a full representation, and that an increasing number of lawyers can only survive by "innovatively" picking up bread-crumbs from clients instead of a full representation.  

Give me at least some business.

At least to ghost-write.

Just one pleading.

Please!

May pricing-itself-out of the full representation be yet another sign on the wall for attorney monopoly?

A Freedom of Information Act inquiry was sent to the ABA for the roster of its members

Have you ever wondered why the ABA has a secret membership?

Just go to their website and see that membership in this organization is under a login and a password.

Nevertheless, this Illinois corporation with foreign membership and funded with foreign money (membership fees and donations from foreign members) regulates in the entire United States the very public function of access to justice guaranteed by the Petitions Clause of the 1st Amendment and by the Due Process Clauses of the 5th and the 14th Amendment to the U.S. Constitution.

Without approval of legal education from this Illinois corporation - through accreditation of law schools - no law school graduate can be allowed by state regulators (Boards of Regents, the judiciary) to sit for the licensing exam, called "the bar exam" in the United States.

And, no individual is allowed to represent another individual in court, for free or for money, without a law license - where approval of this Illinois corporation with foreign membership and capital is the condition precedent to even apply for a law license.

Moreover, the ABA undertakes to recommend to Presidents of this country appointments of judges in federal courts, up to the U.S. Supreme Court, thus playing a crucial part in the U.S. politics and government.

For that reason, membership in the ABA, in view of its very public functions, should be the matter of public record.

With that in view, I have filed a Freedom of Information Act request with the ABA, under the laws of the State of Illinois where the ABA is incorporated.

I will publish the ABA's response in this blog.

Stay tuned.



Tuesday, April 10, 2018

On the rule of law in the United States - the way the public sees it

The press relentlessly, for the second day, is discussing the supposed FBI raid based on the alleged search warrant allegedly signed by an unknown judge who allegedly allowed the search of the President's lawyer's office by the same agency that has been stonewalling the U.S. Congress for over a year as to the details of its investigation or (non-investigation) of the Clinton Foundation after Loretta Lynch met with Hillary Clinton's husband during that investigation.

Oh, well, nothing to worry there.

What makes me wonder - why wasn't still the judge's name published? 

If a judge signed the search warrant, it is the matter of public record, as well as the search warrant itself. 

Yet, despite a furious press campaign to gain public support for the raid, he actual document authorizing the raid, or the name of the person who authorized it, are kept hidden from some public - even though details are somehow leaked to Preet Bharara, who is a private citizen now, same as you and me, and who was fired by Trump (and has a basis for bias against him). 

So, hidden search warrants, hidden names of judges, politically-motivated raids on president's attorney while stonewalling release of documents regarding corrupt non-investigation of president's losing opponent in the election - what can be wrong?

And, by the way, this type of publicity is called prosecutorial misconduct - pre-trial publicity, leaks to the press - but, of course, not if the target is Trump (after Mueller said Trump is not the target - but, prosecutors have a right to lie to the public, right?).

And, of course, Trump has nothing to worry, he just has to "prove his innocence", as many illiterate commentators say, presumption of innocence be damned - for Trump only, of course.

And, let the attorney-client be damned, too. There are thousands of overnight legal experts commenting on press articles about the raid of a lawyer's office who
  • tout the "crime-fraud exception" to the attorney-client priviledge,
  • claim that if an UNKNOWN judge ALLEGEDLY signed on an ALLEGED document - it must be the law and it must be well-grounded;
  • approve of wholesale fishing expedition of the lawyer's files regarding his clients other than Trump in order to find "something criminal" there, and
  • proudly announce that they have nothing to hide, they would greet the FBI to their lawyer's office and will happily allow the FBI to search through their files - and so should everybody else.

This is the level of knowledge of the law, the Constitution and of their own rights by "We the People" in this country.

What people who are nearly dancing in the streets over the raid do not get is that this precedent is now applicable to them and their files at their lawyers' offices, too.

To hell with the law - if Trump is involved. 

And bash anybody who stands up to support the law - as a "Trumpanzee", because supporting the law that MAY benefit somebody they hate makes you a hated person and a Trump supporter.

This is not the rule of law, and not the rule of man either, this is the rule of the crowd that somebody with a lot of money (considering the press campaign) is diligently instigating. 

I did not vote for Trump, but I see that Trump - possibly - is the best thing that has happened to this country. 

At least, his election has become a litmus test clearly showing that we do not have in the United States anything close to a rule of law. 

The law is shaped, twisted and turned by the judiciary against Trump to mean what it wants it to mean, while the judiciary has absolutely no right to MAKE law - it belongs to the legislature alone, constitutional separation of powers 101.

Because of Trump, I have learned that we do not need standing to sue in federal court any more - if you are suing Trump.

We do not need any legal grounds for a preliminary injunction - and to spread it nationwide - if we are suing Trump.

We do not need to prosecute criminals, if they are not in the country legally - because that may get them deported. Hence, the number of filings in New York for felonies (a deportable crime) falls while the population (because of sanctuary city status) grows, and while those who are elected by the people to prosecute crimes choose not to do that - if they will hurt those who already broke the law by coming to the country illegally, making a joke of those who painstakingly waited, and followed the law to get admitted and to immigrate legally.

And, we have do no have a discretion in the federal government as to how to spend discretionary federal funds - that discretion can be forced, by judges, to support states who defy federal laws and harbor illegal aliens, which is a federal crime - and people are dancing in the streets and worshiping the judges.

And, we have state attorneys general who are asserting with straight faces, in lawsuits paid for by taxpayers, that the federal government may not even ask whether a person is in the country illegally, to shape boundaries of congressional districts - because asking a person whether he is in the country legally or not will somehow hurt the state's economy.

If anything, Trump's presidency has shown how easily can "the law" put on its head - and how easily people can be brainwashed to support any idea, no matter how crazy, as "the rule of law".

We can trump (pun intended) the President's discretion by replacing statutory law by judicial discretion - and that judge-made whim is called the new law that people dance in the street to support and wear T-shirts with images of judges who "DID IT" - trumped or tripped Trump.

We do not need clearance to know information regarding national security - we can replace it with a "judicial discretion" to ask Trump's lawyers, during a court hearing live-streamed on the Internet to the entire world, what are the national security concerns for the temporary travel ban from certain countries.

We do not need the right for impartial judicial review - because Trump criticized judges for bias, we can bash him, and everybody else along with him, for insisting on that right and who dares to criticize a judge.

And now, we do not need attorney-client privilege, the 4th Amendment or the right to privacy either. 

We have nothing to hide, we will gladly open our doors, our attorneys' confidential files, or bodies and our thoughts to the government - why not? We did not need those rights anyway.

And, the comments - overwhelmingly - approve of the idea that what a judge say IS the law, anything a judge says IS the law.

That is SOME rule of law, ladies and gentleman.

We arrived at a collective monarchy-by-judges, absolute, boundless, lawless, and well-supported by the subjects, no matter what the collective monarch chooses, on a whim, to do with us.

Congratulations.

This is not about Trump. It is about all of us.

And, by the way - what is the name of that judge who allegedly signed the warrant?

I get only "hahas" from commentators who claim that it was signed by a judge - and, therefore, totally legal.

Whoever knows the name, please, drop me a line.

Thanks.

Tuesday, March 27, 2018

Like a good old wine

This lawsuit (dismissed before it was served) is a rather amusing reading 4 years after it was dismissed.

Here is the text of the lawsuit.

It is about verification of various records pertaining to corruption in the judicial and attorney regulation (also judicial) system in New York courts.

Of course, the lawsuit was blocked.

In this case, I sued David Peebles (judge).

The case was dismissed - before defendant even appeared in it - by NDNY court (Chief Judge) in 2014.

My state law license was suspended in 2015 by state court 

My federal law license was ALLEGEDLY suspended in 2015 - because there is no public docket of the case, yet, I am listed as suspended, and Judge Norman Mordue threw me out of a case and denied me attorney fees in 2016 for 3.5 years of successful litigation against CPS because I am allegedly suspended.  Even though secret court dockets are unconstitutional and hiding court docket is considered grave misconduct and scandalous behavior for courts - but what legality means, after all, for those who call the shots?

Correct.  Nothing.

For Judge Peebles - who
presided over the case where he was a Defendant, "authored" a motion to recuse without mentioning that he was a defendant in the case, and then, in 2016, together with his colleague Judge Norman Mordue, changed a statute, 42 U.S.C. 1988, and stripped indigent civil rights plaintiff of any hope of ever obtaining a representation of a civil rights attorney - in order to retaliate against me and to deny me 3.5 years' worth of attorney fees in a successful litigation against CPS on behalf of three clients.

For Monica Duffy - sued in this case for concealing records, filed another record after the lawsuit was filed, and is concealing it until now.

For Judge Mae D'Agostino - was sued for participation in a secret organization, I sought by the lawsuit to verify her participation.

The lawsuit was dismissed.

In 2016, through a FOIL request, I verified her participation in yet another secret-membership organization, New York State-Federal Judicial Council.

To this day, the 2nd Circuit is denying me information as to other judges in that Council, and access to the records of their meetings.  Since Mae D'Agostino (and other judges sued in this lawsuit) were deciding my lawsuits against judges, it was very relevant information that she did not disclose, that she may have been a member of a committee where, together with defendants appearing in front of her in a civil action, she was deciding that same civil action (fixing a court case).

And, in 2018, an attorney from California, Linda Shao, filed a petition for certiorari with the U.S. Supreme Court, filed a motion to recuse the entire U.S. Supreme Court (with the exception of its newest addition, Judge Neil Gorsuch), and went public and gave a videotaped interview to a journalist about  disqualifying conflicts of interest of SCOTUS judges based on their participation in American Inns of Court and on sponsorship by AIC of their law clerks for annual all-expenses-paid month-long trips to England, while members of AIC appeared with cases in front of SCOTUS.

A good financial incentive for judges (law clerks who routinely write SCOTUS decisions instead of judges) to please attorneys appearing in front of SCOTUS, AIC members.

Disclosure of involvement of judges with American Inns of Court is what this "old wine" lawsuit was about.

And, of course, it was dismissed as "frivolous" - thrown out as a very, very, very dangerous thing.

Think about it - she wanted information that could show the true scope of judicial corruption in the country!

Now, access to such evidence can never be safe for a commoner.

And the commoner was denied access, and then punished.

Etc. etc. etc.

This "old wine lawsuit" makes for a very interesting reading 4 years down the road.

History is created before your own eyes.

It is like reading a manuscript.

It is like a good wine.

I guess, it will make for even more interesting reading some more years down the road.

Judges like writing memoirs and boasting after they retire - or when they give various interviews, or attorneys like to boast at times in various public settings.

Internet search is a wonderful invention to search for such records.

This lawsuit, like that old good wine, is waiting for its reinstatement based on new evidence.

And, this commoner has a lot of patience.

Funny though, how scared judges are that somebody, anybody, will access just LISTS.

Membership lists.

Of an organization that claims it exists to "promote excellency in the legal profession".


Monday, March 26, 2018

The arrogant retired judge Richard Posner demeans pro se litigants and confirms that there is no federal appellate judicial review for pro ses in the U.S. - and that so it should remain

When a pro se appellant files an appeal in federal court - often with a hefty filing fee - the appellant expects a judicial review of the lower court's decision.

Little does the appellant know that no such review is to be given to him, for all his money - and especially when his filing fee is waived and when he is allowed to proceed as a poor pro se person.

The interesting part is that the judge, after 35 years on the federal bench, claimed that "most of pro se cases must fail".

And that - while supposedly advancing his new project, a law firm "protecting" pro se individuals from discrimination.

And that "judges aren't actually to read the pro se materials".

You know what THAT last statement means?

It means that if a pro se (without a lawyer) appellant files an appeal, with (or without) a filing fee in a federal appellate court, he expects a service from the court - that a JUDGE will read his materials and make a decision based on them.

But instead, the judge does not read his materials.

Instead, 1st-year law graduates, "staff attorneys", whose names do not appear on the court decision, who were never nominated by the U.S. President or confirmed by the U.S. Congress to decide judicial cases, are drafting judge's opinions and making "recommendations" as to how to decide each pro se case.

And, federal appellate judges actually do not see the original materials, but see only the chewed-up and filtered version provided to them by the youngsters.

Imagine - judges decide your appeals WITHOUT READING your arguments.

Imagine if, on a visit to a doctor, the nurse takes your pulse, vitals and some health history and then tells you that the doctor will not see you, but will rely upon the nurse's recommendations of how to diagnose you.

That is exactly what happens in federal courts - and Judge Posner, while "fighting" for the rights of pro se parties (while at the same time demeaning them by saying that most of their cases are meritless, and that they have a low IQ, just because they cannot afford an attorney and because they still try to gain a legal remedy for themselves on their own.

As to the "low IQ" of pro se litigants, the 7th Circuit supervising staff attorney quoted Richard Posner's recent book "Reforming 


Here is a fuller quote:

"whenever a judicial panel denies relief other than by issuing an order or opinion after full briefing and oral argument, the order denying relief should include an explanation of the reason or reasons for the denial. The explanation should be supplemented either by the staff attorney’s initial recommendation to the panel or by a supplemental memo by the staff attorney intended to amplify the explanation for the decision. I say staff attorney rather than judge because many (though not all) federal appellate judges don’t have the patience, or even the insight, to communicate effectively with a person (the typical pro se litigant) who lacks a good educational background and a reasonably high IQ."

Posner, Richard. Reforming the Federal Judiciary: My Former Court Needs to Overhaul Its Staff Attorney Program and Begin Televising Its Oral Arguments (Kindle Locations 576-581). Kindle Edition.

This is a judge who "awoke from slumber" after 35 years of discriminating and demeaning the poor litigants, and is not demeans them by selling a book and by promoting his own law firm that is supposed to protect people the judge demeans from discrimination.

First, Posner's "recommendation" is that when judges decide pro se appeals without reading them, through the filter of 1st-year law graduates, staff attorneys, that judges do not even have to provide an explanation of their decision to the appellant, but should simply attach a "recommendation by the staff attorney" why the decision BY THE JUDGE was made the way it was made.  So, the 1st year law graduate know better why a judge decided the case this or that way, after all, the judge's signature on the youngster's draft of the order is just a formality - not the judge, but the youngster read the appeal and decided it by drafting the order.

Second, Posner equates lack of money to hire an attorney - which is the characteristic of most of Americans - with lack of educational background and low IQ.

Imagine the arrogance.

Only a law degree equates to a proper "educational background".

If you do not have 3 years of half-baked courses consisting of reading US Supreme Court cases and listening to a law professor putting your classmates and yourself on the spot with the so-called "Socratic method" of teaching, questions and answers, you cannot be deemed educated - or of an appropriate IQ,

The judge does not obviously care that it is these "low-IQ" people who hired him as a judge and paid his salary for 35 years out of their taxes.

To equate low IQ with a lack of law degree is a special level of arrogance.

Recently, a Penn Law professor was ousted of mandatory 1st year programs for stating that African American law students never graduated in the top quarter of their class - and that was done without publishing statistics that would rebut the professor's statement.

In other words, the public outcry was because of the perceived presumption by a law professor that African Americans are less clever than non-African American law students.

There is no public outcry as to what retired Judge Posner said though - even what he said, and in the context of the circumstances, of his own background, what he said was no less offensive.

Judge Posner has been regulating the absolute attorney monopoly for court representation for 35 years as a judge.

The 7th Circuit has its own "bar" that Judge Posner regulated - as a legislator, investigator, prosecutor and adjudicator all wrapped in one.

That attorney monopoly CREATED the situation where the majority of Americans cannot afford an attorney, and produced, of necessity, the numbers of pro se litigants and pro se appeals.

Moreover, Judge Posner is part of the problem also in that his court repeatedly sustained chilling sanctions against civil rights attorneys for brining novel constitutional arguments, as it is happening across the country, sanctions that intimidated such attorneys from representation of victims of constitutional violations in civil rights cases, forcing people into a "choice" - to represent themselves in court, or to give up on even a possibility of a legal remedy.

Having caused the crisis of access to justice, Judge Posner has the audacity to now say that those people who STILL, against all odds, had the courage and determination to pursue their legal remedies in court without an attorney who they either cannot afford or who is intimidated by the prospect of sanctions for representing such people, simply for raising novel constitutional arguments in court, those people are either lack educational background or are dumb (have low IQ).


You do not have a law degree and a law license, you are "unrich" and cannot afford to pay thousands upon thousands of dollars to an attorney = you lack educational background and you have a low IQ, (c) Richard Posner.

And, you are not even entitled to have a judge read your appellate documents.  A fresh law graduate, a privileged kid without any life experience, a staff attorney, will be enough of a "judicial review" for you - and the "fighter for pro se rights" Judge Richard Posner insists that it should remain this way, judges should not read pro se appeals.  After all, they are mostly meritless, and written by poorly educated and low-IQ people.

You may be a Stephen Hawking, but, without a law degree, you are still a dummy for Richard Posner.

For Richard Posner, 




So, if you cannot afford to pay thousands of dollars to an attorney, you are "lower down on the social scale" for Richard Posner - or other federal judges, and because you are a second-rate appellant, Equal Protection Clause of the 14th Amendment or not, you will be provided a second-rate justice, you will not get a judge to read your "pro se materials", you will not get a judge to decide your "pro se materials" and you will not get a judge to even explain those "pro se materials", the youngsters whose names you will never know will do that for the judges, as a courtesy to them - to save them the unsavory task of dealing with you, your "lower social scale", "lower educational background" and "lower IQ".

I do not see outrage in the media about this blatant deprivation of masses of Americans of legal remedy by courts, where judges are both regulators of lawyers and licensed lawyers themselves, of a statutory right to appeal because they cannot afford to hire a member of the judge's own profession.

That is some sort of punishment.

You can afford to pay for the member of my profession - I will read you appeal and decide it myself.

You cannot afford to pay for the member of my profession - I will diagnose you and order your treatment without seeing you, just upon what the nurse tells me to do.

I wonder whether we need such arrogant "public servants" who establish such arrogant and discriminatory "rules".

And, as to Posner himself, with such "friends" as Posner, with his brazen elitist down-his-nose views of any non-lawyers, and especially of the indigent and pro se litigants he claims he is "fighting for" now (to sell more of his books and to remain in the spotlight), pro se litigants in federal courts do not need enemies.





Retired Judge Richard Posner's interview: only 1% of criminal cases in federal courts are tried

In early March of this year, a large interview was published with the retired federal appellate judge Richard Posner.

The interview contains so many interesting (including outrageous) revelations that it is worth dedicating it a whole series of blog articles.

I will start with statistics of trials in criminal cases in federal courts that retired Judge Posner revealed - only after he stepped off the bench, of course.

It is 1%.

99% of people locked up in federal prisons are put there without any trial and without any verification of their guilt or innocence - simply by browbeating people to plead guilty and accept some prison time to avoid the threat of more prison time if they go to trial and lose, which is a given if the quality of legal defense to the indigent is taken into consideration.

So, wrongful convictions are fabricated en masse by threats that were made possible because of maximum sentences in the mandatory sentencing guidelines introduced under the "democratic" President Bill Clinton.  To say that we have just narrowly avoided another 1 or 2 Clinton terms, and people were crying in the streets about it and some cannot stop crying until now.




About the masochistic nation that loves to dance on rakes and loves punishment. A 230-year-old warning of the King-like powers of the U.S. Supreme Court

About the power of the U.S. Supreme Court - a piece from the "Founders' Constitution" published in 1788.

"I do not object to the judges holding their commissions during good behaviour. I suppose it a proper provision provided they were made properly responsible. But I say, this system has followed the English government in this, while it has departed from almost every other principle of their jurisprudence, under the idea, of rendering the judges independent; which, in the British constitution, means no more than that they hold their places during good behaviour, and have fixed salaries, they have made the judges independent, in the fullest sense of the word. There is no power above them, to controul any of their decisions. There is no authority that can remove them, and they cannot be controuled by the laws of the legislature. In short, they are independent of the people, of the legislature, and of every power under heaven. Men placed in this situation will generally soon feel themselves independent of heaven itself."

230 years down the road, as it is described in detail in this book, published in 2016, judges exercise the exact power described in the Brutus in March of 1788 - and refuse to recuse from cases when an Act of Congress requires them to do so, because it is inconvenient for them to follow an Act of Congress, and because nobody can control their disregard of the law. 

Not only the nation dances on rakes, but it loves its own punishment - as shown by the worship of the "notorious RGB" who notoriously defies any restriction of legal ethics on her behavior as a judge, including
  • fixing court cases against parties she hates,
  • refusing to recuse from cases of parties whose cases in courts below she fixed and who she publicly blasted and expressed hatred about, not to mention
  • accepting money from foreign nations and
  • selling shirts with the judge's own image while expressing how she misses the previous U.S. President while presiding over the litigation against the current U.S. President - whom she openly and publicly hates, to the point of "choosing" her speaking addresses in such a way that the media would have an opportunity to harass the President's child.





Look at the number of "likes", "loves", comments (mostly worshipping) and shares of this image.

And all that worship of people trampling the U.S. Constitution is done in the name of loving the U.S. Constitution.

That's what Brutus could not foresee 230 years ago - that people will love for their rights to be taken away from them and will worship violators of the U.S. Constitution.

If that is so, we do not need a Constitution.