"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.

Thursday, August 26, 2021

“I don’t care whether you are right or not, but I will rule against you anyway, for trying to seek the truth in court” – On politically motivated “rule of law” in the United States courts

Over the past 5 years or so, and especially since 2 events emerged – presidential elections of 2020 and ensuing lawsuits, and introduction of covid19 vaccines – politically motivated judicial decision-making has come from being hidden from the view of the majority of the American public – right into the limelight.

It happened because of the issues where this politically motivated jurisprudence was applied, concerning every single American.

As this article is showing, we know have a “justice system” that dishes out political expediency rather than resolves arguments between parties and delivers justice – and it is early time to celebrate for Democrat or Democrat-leaning Americans that it is their “teams” and their agendas are as yet winning in these political expediency decisions.

Political winds may change, but case law and principles of such decision-making may haunt all Americans for a long time.

This article will show how unlawful politically motivated judicial decision-making can impose a major undermining of major rights on fundamental issues related to lives of everyone in this country – on just two court cases, but seminal cases in their importance for every single American and our future lives:

      A case where a judge authorized private employers to condition employment on covid19 vaccination[1], and

2.  A civil rights case by several voters in Michigan where a judge dismissed the case without allowing to verify whether what plaintiffs were saying was true or not through discovery (since the bulk of documentary proof was, as it usually is in such cases, in the exclusive possession of the government stonewalling access to it) and a jury trial, but nevertheless sanctioned their lawyers for bringing the lawsuit[2].

Both cases show interesting tendencies.

First, judges in both cases are blocking the facts on the key issues of litigation from being discovered and presented to the jury:

· I In the vaccination case it is discovery from 3rd parties – government-immunized vaccine manufacturers of Covid19 vaccines[3] – of facts, kept by these vaccine manufacturers under lock and key, regarding their true efficacy and safety – or lack thereof;

·    In imposing sanctions against civil rights lawyers in election fraud cases – regarding the centerpiece issue whether there was or there wasn’t widespread fraud during the 2020 elections.  That is an issue of fact that only a thorough discovery, and then cross-examination before juries, can establish.

Second, notwithstanding the lack of stonewalled evidence[4] that the judges did not allow to be discovered and established before a jury – the judges then rule on the merits of the case;

Third, judges in both cases – adamantly and openly refused to even review the key issues of litigation:

a.      Whether the covid19 vaccines are safe and effective[5],

b.     Whether there was widespread election fraud at the 2020 presidential elections and whether the “elections were stolen”[6].


  • 1.     block the true facts from being discovered, and
  • 2.     rule against the plaintiffs[7] and punish their lawyers[8] without regard whether what they complained about in their lawsuits were right or wrong.

Ruling against people without allowing to fully develop and review key issues of litigation on the merits is the opposite of justice, fairness and the “rule of law”.

Courts exist actually to resolve disputes between parties, and because of their truth-finding function.

When a court refuses to engage in truth-finding, but instead firmly declares that it WON’T do the truth-finding, moreover, it DOES NOT CARE WHAT THE TRUTH IS, but it will rule – against the party seeking the truth – anyway, this is the opposite to the rule of law.

This is tyranny of the worst kind.

It is also a denial of access to court, in violation of the 1st Amendment Petitions Clause, and 5th and 14th Amendments’ due process clauses - because of political expediency.

It is also an illustration of how federal judges in the US – employed in their positions for life – can wreak havoc in people’s rights by engaging in unlawful, politically motivated judicial decision-making – or, likely corruption (from which courts have given themselves absolute immunity). 

This type of denial of justice to the entire country by a few biased or corrupt judges on important issues of public safety and/or democracy should not be permitted. 

A justice system reform in the US is long overdue.

[1] Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021).

[2] King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021).

[3] Public Readiness and Emergency Preparedness Act (Prep) of 2020 and 2021, .  The way this immunity from liability operates is that anybody who develops, sells or administers covid19 vaccines is immunized from liability (injuries or deaths) that the vaccine may cause, specifically, a lawsuit cannot be filed against such people or entities, discovery cannot be had and their liability cannot be established before juries – as it can be done when a person is injured or dies after administration of any other medicine.  Yet, what the PREP Act did not block is the possibility of subpoenaing vaccine developers and manufacturers as third parties to testify in discovery and at trial in related cases, such as in mandatory vaccination cases against employers.  That possibility was blocked in

[4] By vaccine manufacturers (3rd parties in the lawsuit) in the mandatory vaccination case, and by the government in the 2nd case.

[5] “Wrongful termination.    Vaccine safety and efficacy are not considered in adjudicating this issue”,  Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021). at 1 of 5.

[6] “To be clear, for the purpose of the pending sanctions motions, the Court is neither being asked to decide nor has it decided whether there was fraud in the 2020 presidential election in the State of Michigan”, King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021). at 3 of 110 (footnote omitted).

[7] Bridges v Houstan Methodist Hospital, Civil Action No. H-21-1774 (US District Court, S.D. Texas, June 12, 2021).

[8] King v Whitmer, Civil Case No. 20-13134 (US District Court, E.D. Michigan, Southern Division, August 25, 2021)..

Tuesday, July 13, 2021

Disbar them (for taking a position in court in a highly political matter)! The new "democracy" a-la-USSR in the USA

There was a time in the Stalin's USSR when there were meetings held at large factories and universities alike, where people were "expected" to condemn - and demand death for - accused political opponents of Stalin and to "spies".

Of course, accusations of spying were fabricated out of the thin air and confessions extracted by KGB under torture.

And, of course, most people did what the government expected them to do.  They publicly condemned people they did not know.  And demanded death for them.


For their careers, peace of mind, not to be flagged and not to be the next on the butcher block.

Appears that we have the same tendencies starting in this country.

What is horrible, but not very surprising to me who have been researching and writing about the American legal profession for years, the left have subverted public thinking about the legal profession and instilled into a large portion of the U.S. population the idea that attorneys who defend in court positions of political leaders the "woke" do not like must be disbarred and forever forbidden to practice their profession - to support the snowball of political repressions against non-woke lawyers has already started rolling. 

 In New York, in South Carolina, now in FEDERAL COURT in a Michigan district.

Now why this kind of tendency is the equivalent of shooting yourself in the foot for every single member of the American public?

In the U.S. there exists a so-called absolute attorney monopoly.

In my view, it is not legal and it is not constitutional for the government to control people's access to court by allowing only people to be represented by only those individuals who are vetted by that same government.

Figure how crazy the reality sounds of your opponent in a court case controlling who you can choose for your representative to oppose that opponent in that court case.

Yet, that is the reality in the U.S. where the government is on the other side of a court case.

Because that same government controls the license - and, thus, the ability to represent you in court - of every single lawyer in the country.

And, the "Democratic" mass media not only considers this total lack of independence of the American legal profession as proper - but it literally sics people to demand, see above, no, not death yet, but being stripped off their profession for lawyers who dared to support a so-called "big lie" about election fraud in presidential elections of 2020.

Now, I have written a separate article on evidence in regards to why nobody, until now, has a right to state that allegations of election fraud ARE a big lie.  Because the only types of governmental bodies in the country - juries in respective states - did not adjudicate such claims, after a full discovery and a trial with cross-examination of witnesses - as false.

By the way, you know, what is the reason toted by those who are benefiting from trying to prevent the dismantling of the unlawful and unconstitutional absolute attorney monopoly in the US where adult legally capable people are PROHIBITED BY THE GOVERNMENT to choose WHO THEY WANT to represent them in court?

Which makes no sense since every person in the US may represent him/herself in court without a lawyer - for that the government gives people a right. But not to choose a trusted another to represent them - somehow people must trust only those who the government allows them to trust, government-licensed attorneys.  Which, again, makes no sense.

Well, the reasoning in support of the absolute attorney monopoly (other than "it has been like that for a long time, so why wouldn't it continue some more") is - because people are dummies, they do not know the law (they are presumed to know, otherwise people cannot be prosecuted for breaking those laws), mind, they do not know THEIR OWN public laws, enacted by people they elect to act on their own behalf and for their own benefit.

Which is - all in all - a crazy reasoning.

But yet.  The absolute attorney monopoly - 

blocking the entire country that calls itself "democratic" access to court with a representative of their own choice 

-exists because citizens of that country de facto agree that they are too dumb to know their own laws and can "only" represent themselves without a representative/lawyer, but cannot possibly be smart enough to choose such a representative unvetted by the government.

Ask a licensed lawyer regarding the constitutionality of the concept of attorney monopoly in the US - most likely you will get a blank stare, or an "it has always been that way" "argument", or "I don't care", or "I do not want to know" "argument".

It is a gilded cage that all licensed lawyers in the US "enjoy".

As to who regulates lawyers, which branch of the government - that is a separate song and dance.

It is the branch of the government that 100% consists of lawyers.  It's judges.

While all other regulated professions in the US are regulated by the executive branch, somehow the nature of attorney regulation is claimed to be "different", and lawyers are regulated by judges - while claiming that they are a "self-regulated profession", one more lie.

Does such regulation violate federal antitrust laws?  You bet.  A profession regulating itself under the guise of neutral government regulation cannot possibly be neutral to itself.  All it does is restricting competition and upping prices for its services for the public.

And, as to the regulators of the profession - judges - how can that regulator be considered neutral and honest when

1. it gave itself an absolute immunity for malicious and corrupt conduct in office, and

2. it prohibits criticism of itself to lawyers - at the threat of stripping them of the government-given "privilege" to practice in their chosen profession, devaluing their law school diplomas to zero.

The public should well remember that if a lawyer is too intimidated to raise a legal issue in court, for fear of losing his or her right to earn a living in her profession - and especially in cases where the almighty government is the lawyer's client's opponent - every single member of that public does not have grounds for hope to find an independent and fearless lawyer to represent that member of the public on a "sensitive issue".

Now, let's go to what is happening now where THE GOVERNMENT (the Michigan Attorney general) is asking a judge in Michigan to sanction lawyers - Sidney Powell, Lin Wood and a number of others, with names less famous - for making "false claims" of election fraud in court.

Once again, there was no discovery in the Michigan lawsuit, there was no jury trial, and the judge who dismissed the case, on a motion to dismiss had to be guided, by the law, by the rule that requires of that judge to ASSUME AS TRUE every factual allegation in the complaint.

Mind that when most of the data is in the hands of those whose actions are challenged in that lawsuit, no factual decisions may be done without an evidentiary hearing, and a dismissal NOT assuming as true allegations in the complaint (despite supporting affidavits) is starkly unlawful and should be reversed on appeal.

Yet, the same judge who did the unlawful dismissal of the case, is now, on request of Michigan Attorney General (opposing a civil rights lawsuit, mind - as the State AG opposes EVERY civil rights lawsuit of EVERY resident of the State of Michigan, see for public records of that) - is trying to sanction lawyers who dared to represent "that who cannot be named" and who tried to raise the "issue that cannot be named" - election fraud.

Now, I do not know about commentators in the left press which, same as in the USSR of the 1937 and other years of KGB purges, demand to disbar all Trump lawyers for "spreading the big lies" and "influencing the public" - for political reasons, which does not bother the "demanders" one bit.

I do not know whether they watched public hearings re certification of the presidential votes in 2020.

I did, the whole thing.

And, I did watch Democrats pushing against Republican witnesses of election fraud in Michigan, to certify nevertheless (and a Republican certifiers first certified and then recanted claiming she did it because she received death threats for her daughter).

You know what "legal grounds" did Democrats present to have elections in the State be certified WITHOUT AN INVESTIGATION of fraud despite multiple witnesses coming forward with testimony of fraud at public hearings?

Because, supposedly, the Michigan state law "does not allow" investigation before certification.

Certify - Democrats said - the election as TRUE, and THEN, "by law", the investigation will become possible.

Only it does not work that way - and they knew it.

As soon as elections in Michigan were certified - under death threats - Democrats immediately claimed that certification of elections as true, IS evidence that certified election results are actually true, and there is nothing to investigate.

A classic trick of fraudsters.

And, when voters sued, the case was blocked by a woke judge before it proceeded to discovery and jury trial - and now the same judge whose decision lawyers are appealing as unlawful is reviewing sanctions against them - for doing their jobs for their clients.

Mind that there was NO evidentiary hearing (with witnesses) in that case - as in any other election fraud cases across the country.



Mind that it is a huge separation-of-power no-no for STATE COURTS to take law licenses of CIVIL RIGHTS attorneys because of their stand in FEDERAL civil rights cases.

Yet, the left has put the law squarely on its proverbial head in order to brainwash the public regarding their political agenda.

With no regard whatsoever about either the rule of law, or the fate of every single member of the public when the time comes for them to get their lawyers to defend their sensitive issues in court.  Especially against the government.

And, if the law is put on its head, if certification is done by trick and death threats - and if it is a sanctionable offense for a lawyer to challenge this setup in court, and if the sanctioning judge has given herself immunity for malicious and corrupt conduct in office and thus put herself above the law - what hope for a fearless, honest and effective representation any of us have in court.

What rule of law?

Now "enjoy" the scans of people asking to disbar attorneys who are trying to do their job in court.

Shooting themselves in the foot has become the Democrats favorite game.  I do mind this game though - because it is destroying what was left of the rule of law before election fraud cases in this country.

Hard cases make bad law, huh?

"Enjoy" the opinions of people braving shooting themselves in the foot - as well as all their co-citizens.

Talking about "sancta simplicitas".

Endorsing a self-immunized-for-corruption woke judge (Stump v Sparkman) endorsing the request for sanctions of the judge-immunized-for-corruption prosecutor (Imbler v Pachtman) against lawyers after blocking the jury from reviewing the same evidence that they say is "a big lie".

By the way, you know the reasoning the U.S. Supreme Court used unlawfully granting immunity for corruption and other crimes in office to all American judges and to all American prosecutors (the only people who can prosecute judges for corruption and crimes in office in criminal proceedings)?

To grant judges and prosecutors impunity for corruption and committing crimes in office is GOOD FOR THE PEOPLE - so that judges and prosecutors are acting fearlessly - in committing corruption and other crimes in office.

So they are.  Now.

Thursday, June 24, 2021

The bell is tolling for attorney independence. Once again. Rudy Giuliani is suspended - before the final disciplinary decision - for being a brave an honest lawyer for 45th President Trump

 A yet another political suspension of an attorney license in NY for doing his duty for his client. 

The shameful political "interim" 27-page decision is here

Note that the suspension was on motion, without a hearing, certainly without a jury trial. 

Note that proceedings were closed to the public.

Note that in attorney disciplinary proceedings in New York, unlike other court proceedings, the intermediate appellate court is allowed to play all fiddles that is usually forbidden by the constitutional separation of powers principle: 

1. It is a party in the proceeding (licensor); 

2. it is a legislator of both attorney conduct rules AND the court procedural rules in attorney disciplinary proceedings. 

3. The prosecuting attorney is officially deemed "an arm of the court", of that same court that is adjudicating the matter. 

All of the above combinations of roles of the presiding court are gross constitutional violations making such proceedings jurisdictionally invalid. 

Just some food for thought for the public - who is usually completely unaware as to how attorney licensing is happening in their state and country. 

Btw, what they are licensing (the so-called "practice of law") is not clearly defined by statute anywhere in the country, including New York state, making the whole attorney licensing process unconstitutional. 

But - since it is an attorney for Trump, why not celebrate what is otherwise unconstitutional? 

Don't ask, for whom the bell tolls...


The basis for the interim suspension is - supposedly spreading false news about election fraud in the 2020 presidential elections to courts, lawmakers and the general public.

A kicker here - no courts have so far allowed discovery in election fraud cases, nor did they allow cases to proceed to jury trials.

And, without a jury, as I wrote here in my article on evidence, no other court can presume - as the disciplinary "court" did here - that there was NO election fraud.

Which is exactly what Rudy Giuliani told these idiots in his answering papers.

To no avail.


And yet another note - to the celebrating public.

If even a US President does not have a right to an independent and fearless representation by an attorney - what chances as to access to justice do average Janes and Joe from the street have?

If or when you have a sensitive issue to raise in court and you cannot find an attorney to represent you - look no further.

Otherwise, feel free to celebrate.

Saturday, May 15, 2021

The New York "confederate flag" custody decision - what was that?

I have taken my time to post my comments regarding the New York child custody decision where the Appellate Court ruled based on a confederate flag painted on a rock located on the property rented by the mother.

Read news media articles regarding this decision - but did not find what is most essential in this decision that is plain to any attorney who has handled 1. Family court custody cases and 2. appellate cases (and I did both).

First of all, there are certain rules in Family Court and in the Appellate Court that courts simply MUST follow - and which were not followed in this decision.

Rule # 1 - dealing with pro se parties

  • the court MUST be super-cautious when dealing with a pro se party (a party not represented by an attorney), and ESPECIALLY when 
  • such a pro se party is a party in an appellate case where - as appellate clerks of this particular court have been explaining to pro se parties (who communicated with me as a blogger on this topic) that any appellate case is too complex too argue/handle by a pro se party; AND even more especially when
  • such a pro se party is the RESPONDENT in the case, defending an appellate case AGAINST AN ATTORNEY representing the appellant -
as it happened in this case.  The case lists:

"Andrea J. Mooney, Ithaca, for appellant", and

"Jason Leifer, Ithaca, attorney for the child".

That's all.  Appellant is the (black) father, respondent is the (white) mother - respondent is NOT represented by an attorney, so the court had to have been extra cautious not to violate mother's constitutional right to care and control of her child.

Rule # 2 - the court, both trial and appellate, decides PRESENT cases (not future cases)

Rule # 3 - the Family Court decides cases based on the balance of 1. constitutional rights of parents to care and control of their children and 2. best interests of the child

Rule # 4 - separated parents presumably have joint legal custody of their child, UNLESS the court rules after a trial that

  • one parent has committed something so bad towards the child that he/she should not have joint legal custody - and a say in educational/medical/religious decision-making towards the child, or
  • parents cannot effectively communicate regarding decision-making about the child

Rule # 5 - the exclusive function of the Appellate Court is to decide/resolve issues raised in the complaint/appeal of the party pointing out supposed errors of the trial court.  

Rule # 6 - courts (trial or appellate) may not act as advocates for either party - there is a due process (federal and state constitutional) requirement of court impartiality

With these rules in mind, lets look at the decision.

The child's year of birth is 2014.  She was 4 at the time of the trial in Family Court (pre-school) in 2018 and 7 at the time of the appeal - 2nd grade in school.




Beginning of the case

Joint legal custody


50-50 between the parents

Requested in petitions of parents

Sole custody – by both parents

Father – asked for permission to take the child out of the school district


Position of attorney for the child


Mother’s residence should be primary residence – trial court agreed, appellate court changed that

At the end of the trial case

Joint legal custody

50-50 between parents, mother’s residence is primary residence (after a home study and at the request of attorney for the child)


At the end of appellate case

Joint legal custody

50-50 between parents, current school district is “primary residence”;

The trial court is directed to take into account the confederate flag on a rock on mother’s RENTAL property in FUTURE court cases – a SUA SPONTE decision of appellate court (issue not raised by the appellant)


The trial court has had a trial/hearing on the case.

The footnote says that it did not hold a "Lincoln hearing" (judge talks to the child with the child's attorney present, but without the child's parents or their attorneys) because at the time of the trial the child was too young (4).

What is very important in these cases is the position of the appointed attorney for the child.  

Courts usually pay a lot of attention to the position of the attorney for the child.

In this case the attorney for the child was ON THE MOTHER's side.

The trial court was thorough in this case, it has ordered a home study that confirmed that, after mother moved 5 or 6 times during the child's life, currently she has, though rented, STABLE HOUSING.

Moreover, when the child lives with the mother, she also lives with her 2 siblings - courts try not to separate siblings.  There father does not have other children living with him who are the child's siblings, at least, the court decision does not mention any.

So, what do we have here?

Parents had - by default - joint legal custody of their 4-year-old (at the time of the trial) daughter.

Father wanted to take the child out of the school district and petitioned the court to CHANGE the custody arrangement to SOLE custody for him (so that the father could make decisions regarding the child's education, religion and medical care unilaterally, not together with the mother).

Mother also wanted SOLE custody of the child for herself, without moving.

The trial court DENIED both petitions for sole custody.

The appellate court affirmed/supported the trial court's decision to deny both petitions for sole custody and agreed with the trial court that JOINT LEGAL AND RESIDENTIAL CUSTODY for the child (as it was before court proceedings) is proper.

The appellate court has only corrected the trial Family Court on one issue:

" we do find that the portion of Family Court's order directing that the mother's residence shall be the child's primary residence for the purpose of where the child attends school must be modified. Although the general idea of preserving the child's current school district has a sound and substantial basis in the record, as it will preserve stability for the child, basing the child's school district on where the mother resides may lead to instability in the future due to the mother's frequent moves in the past. "

So, in the past, mother moved "3 or 4 times", so now the Appellate Division fixed the current school district for the child which neither of the parents may change without 

  • a mutual agreement, OR
  • a court order - if there is no mutual agreement.
So far - so good, right?

Sounds fair, doesn't it?

But now comes the woke part.


"Finally, although not addressed by Family Court or the attorney for the child, the mother's testimony at the hearing, as well as an exhibit admitted into evidence, reveal that she has a small confederate flag painted on a rock near her driveway. Given that the child is of mixed race, it would seem apparent that the presence of the flag is not in the child's best interests, as the mother must encourage and teach the child to embrace her mixed race identity, rather than thrust her into a world that only makes sense through the tortured lens of cognitive dissonance. Further, and viewed pragmatically, the presence of the confederate flag is a symbol inflaming the already strained relationship between the parties. As such, while recognizing that the First Amendment protects the mother's right to display the flag (see generally People v Hollman, 68 NY2d 202, 205 [1986]), if it is not removed by June 1, 2021, its continued presence shall constitute a change in circumstances and Family Court shall factor this into any future best interests analysis.

Egan Jr., J.P., Aarons, Reynolds Fitzgerald and Colangelo, JJ., concur.

ORDERED that the order is modified, on the law, without costs, by reversing so much thereof as directed that petitioner's residence shall be considered the child's primary residence for school purposes; the child shall attend school in the Dryden Central School District until further court order or a mutual agreement between the parties with respect thereto; and, as so modified, affirmed."

Recall the rules governing actions of the appellate court that I have referred to at the beginning of this article:

  • being extra careful with a pro se respondent;
  • ruling for the best interests of the child;
  • deciding only the complaint of the appellant regarding errors of the trial court;
  • deciding only the current case, not future cases
  • not acting as an advocate for either of the parties - the duty of court impartiality.
Here is what the Appellate Division focused on:

" the mother's testimony at the hearing, as well as an exhibit admitted into evidence, reveal that she has a small confederate flag painted on a rock near her driveway"

There is no indication in the decision that mother owns the property, so the property is rented, and claiming that "she has" a rock with a confederate flag painted on it near the driveway of her rented property is not a correct legal statement - the rock could belong to the landlord and placed where it was by the landlord.

Next, the court says:

"Given that the child is of mixed race, it would seem apparent that the presence of the flag is not in the child's best interests".

The appellate court has made a determination that something in what the mother supposedly does is not in the child's best interests - but does not change joint legal custody or residential 50-50 custody between parents.

The court says that:

"Given that the child is of mixed race, ... the mother must encourage and teach the child to embrace her mixed race identity, rather than thrust her into a world that only makes sense through the tortured lens of cognitive dissonance".

I doubt that judges themselves understood what they have written here.

What is "cognitive dissonance", what is a "tortured lens", what constitutes "a mixed race identity", how to "embrace" it - nobody knows, it is all a subjective judgment of the 5 judges:

(a former Family court judge, and a member of the Family Court Rules Advisory Committee for 7 years)

These 3 men and 2 women, one of them a "mixed race" from "West Indies" have created a precedent for 28 counties

for parents of "mixed race" children - that such parents MUST teach their children "to embrace their mixed race identity" - whatever, again, it is, and however this "embracing" must be handled.


Note that these 5 men and women, once again, supported DENIAL of petitions to BOTH parents - the joint legal custody that the parents had of the child before they filed petitions in Family court and that the trial court left in place, the Appellate Division also left in place.

So - the Appellate Division has decided THE CURRENT case - which is THE ONLY case it could decide - by leaving the state of custody UNCHANGED.

So, why then did it even go into the excursion into the supposed obligation of the white mother to "encourage and teach the child to embrace her mixed race identity" and into the convoluted woke wording about "thrusting" the child "into the world" that "only makes sense through a tortured lens of cognitive dissonance"?

Why would the court teach the unmarried mother who is not living with the unmarried father about the painted rock on a rented property "inflaming an already strained relationship between parties" - while, again leaving intact the JOINT LEGAL custody of the child between those same parties?

What good is this sermonizing under such circumstances?  For what purpose was it meant?

Here it is:

"while recognizing that the First Amendment protects the mother's right to display the flag , if it is not removed by June 1, 2021, its continued presence shall constitute a change in circumstances and Family Court shall factor this into any future best interests analysis."

The mother's LANDLORD is not a party in the Family court case.

It may be not the MOTHER's right to display whatever on the rented property, but the LANDLORD's to have that painted rock on his or her property - and with a prohibition for the tenants to do anything about it.

The mother only rented the house and has no control over the land or what is on it.

The court has found no evidence that it was THE MOTHER who has placed the rock on the rented property.

What the court is pushing the white mother of 3 young children who has FINALLY got a confirmed stable housing to do - during a pandemic and eviction ban, no less - is these options:

1. either engage in CRIMINAL MISCHIEF (a crime in New York presupposing jail time - and then the mother will lose custody of all of her THREE young children) and remove property of landlord off rental property, or

2. MOVE out of that stable housing - again, during the pandemic and eviction ban, with all 3 of her young children - OR lose custody of her daugher.

WTF, excuse my exquisite French?

Do these judges who have 200+ thousand dollar salaries at our expense understand WTH they are telling this woman to do - and the legal implications of what they are telling her to do?

All for the purpose of getting into the headline as the most woke judges in the woke state of New York?

I guess, discriminating against white parents of biracial children is all woke in the State of New York now, the law or basic concepts of fairness do not have to apply.

And remember - this is against a PRO SE Respondent white mother on appeal, who could not properly even defend herself, where the appellant black father was represented by an attorney.


And may not give directions to the Family Court how to decide FUTURE proceedings in this case.

Nor may the Appellate Division PRACTICE LAW (prohibited to judge by the NY State Constitution), act as an advocate for one of the parties (the represented-by-attorney black father) and give LEGAL ADVICE to the father and his attorney as to what to do next - file a yet ANOTHER petition against the mother to yank custody from her because she did not commit a crime of criminal mischief, did not remove a rock that does not belong to her off the rental property and did not move with her 3 young children, leaving behind the confirmed stable housing - without regard whether she can afford the move or not?

Once again, WTF?  Is THAT "the law" in these 28 counties?

Are these judges professional lawyers?

The sad part is, after this appellate level, the mother - especially that she is pro se - has NO RECOURSE to appeal this decision any further as of right.

It is a unanimous decision, so the New York State Court of Appeals won't take it - especially that it has unilaterally (and unlawfully) changed the New York State Constitution making it mandatory jurisdiction for the top state court to take up cases with constitutional issues raise - their "policy" (that they are not authorized to make) is to view mandatory jurisdiction as discretionary/on their whim.

The U.S. Supreme Court's jurisdiction is also discretionary (on a whim), preparing a case for that court requires jumping through so many hurdles that it is unthinkable that a pro se mother of 3 young children will be able to do that.

Federal courts have a judge-invented "Rooker-Feldman doctrine" barring civil rights lawsuits based on violations of federal constitutional rights by state courts, and a judge-invented "Family court doctrine" barring such lawsuits on a 2nd ground.

Access to international courts for Americans complaining against their own government violating their human rights is blocked by the way the US ratified the International Covenant for Civil and Political rights.

The only hope is that the trial judge will "factor in" this "change of circumstances" in a way defying the racist woke 3rd Department ruling rough-shod over the law and parental rights of white parents.