"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.

Tuesday, September 9, 2014

Judge Tormey is at it again - now he has put two of his direct subordinates on my disciplinary case. Will this judge and these attorneys be punished for fraud upon the court and disbarred?

I've written in this blog about the disciplinary prosecutors of the 3rd and now the 4th Department who are perpetrating fraud upon the court while attempting to "discipline" me.
I did not realize the depth of fraud, and incestous relationships with the judiciary of my so-called prosecutors who are supposed to be neutral and impartial to me.  Right.
The 4th Department Grievance Committee notified me just which of their subdivisions is prosecuting me only last Friday, while the case was transferred to them on June 11, 2014 (by an ex parte court order, and access to the application for such an order is denied to me until this day - I have filed a complaint  to the Judicial Conduct Commission against Appellate Division Third Department because of that and some other things).
I definitely did not have time to conduct a full investigation of all of their disqualifications, especially that I was sick this weekend and these two days, to the point that I had to move two court appearances.
Yet, tonight I started looking "who is who" in that particular grievance sub-committee - and was horrified to learn that two out of 16 attorney members of the prosecuting team are court employees of the Onondaga County court system and direct subordinates of Judge Tormey, while the 3rd Department Committee have snuck in the court order by Judge Tormey punishing me, among other things, for suing HIM and making a motion to recuse HIM and because I mentioned in my motion to recuse the lawsuit in which the Onondaga County Family Court clerk was embroiled.
If the 3rd Department felt it was disqualified for this case because I sued all of the judges and all of the attorneys and attorney members in that Department for potential misconduct and conflicts of interest, how come the 4th Department's Grievance Committee has selected for prosecuting me specifically the 5th Judicial District Grievance Committee, where most attorneys appear routinely in front of Judge Tormey and thus are interested in ruling against me in a way Judge Tormey would be pleased with, and two of these prosecutors are Judge Tormey's employees and subordinates who have a direct financial interest in the outcome of my prosecution - because if they do NOT prosecute me, no matter how fraudulent are the charges, the fate of Bobette Morin, demotion or termination from their jobs can await them, and they might not be as lucky or persistent as Attorney Morin in suing Judge Tormey.

By the way, Judge Tormey punished me for his own inability to read - because, without reading the record, he claimed there was only one case by a certain name, and I mentioned two, with two different index numbers, not that Judge Tormey cared - and he punished me as if there was just one court case, only the case where I was attorney of record, and my case was specifically about the fraud upon the court in the case where I was not attorney of record.
Here is the list of attorneys for the grievance committee, 5th Judicial District.

Here is the table I put together today based on attorney registration records as to where these attorneys are employed.

Name of Attorney
Name of law Firm
Ties with the state and federal judiciary
Lawrence W. Golden
The Golden Law Firm
Utica, NY, Oneida County
To be investigated
Alan S. Burstein
Scolaro, Cohen, Shulman, Fetter and Burstein
Syracuse, NY, Onondaga County
To be investigated
Julie Ann Grow Denton
 McMahon and Grow
 Rome, NY, Oneida County
 Several years of clerkships in federal courts, including being a confidential clerk to the Hon. Richard Cardamone of the 2nd Circuit Court of Appeals
Matthew R. Dunn
Goettel, Poplaski & Dunn, PPLC
Watertown, NY, Jefferson County
Mr. Dunn's partner had the questionable honor of having being a Judicial Law Clerk to the dishonorable judge Mark Ciavarella of the Luzerne County Court of Common Pleas, Pennsylvania, who is now doing time in federal prison for his involvement in Kids-for-Cash scandal, which did not deter Mr. Dunn from allowing his partner to call Mark Ciavarella "Honorable" as of today on his website (scan of website on file with me in case Mr. Dunn chooses to erase that evidence)
Donald R. Gerace
Law Offices of Donald R. Gerace
Utica, NY, Oneida County
To be investigated
Peter L. Hubbard
Menter, Rudin & Trivelpiece
Syracuse, NY, Onondaga County
Glen T. Suddaby (presiding judge on Neroni v. Peebles, the case that was made part of the record when the 3rd Department Committee recused) worked in the Menter law firm,
Judge Suddaby's law clerk Jason C. Halpin who is now with Hiscock & Barclay (H & B partner John Casey is a defendant in the Neroni v. Peebles lawsuit) worked for Menter law firm;
Glen T. Suddaby worked in the Onondaga County District Attorney's office where;
Judge Glenn Suddaby worked under Onondaga County DA William Fitzpatrick, law school roommate of Judge Tormey, who tried to get money from Judge Tormey's co-defendant in the Morin v. Tormey lawsuit Judge Hedges and, when the blackmail failed, turned Judge Hedges into the Judicial Conduct Commission and made sure he was taken off the bench, even though he already resigned
Loretta R. Kipatrick
New York Supreme Court, Onondaga County, Commercial Division
Syracuse, NY, Onondaga County
Employee of the court, subordinate of Judge Tormey
Joseph E. Lamendola
Joseph E. Lamendola, Attorney-at-Law
Syracuse, NY, Onondaga County
To be investigated
Karl Manne
Karl Manne, Esq.
Herkimer, NY, Herkimer County
To be investigated
James H. Messenger Jr.
James H. Messenger, Attorney-at-Law
Syracuse, NY, Onondaga County
To be investigated
C. Andrew Pappas
Pappas, Cox, Kimpel, Dodd & Levine
Syracuse, NY, Onondaga County
To be investigated
David M. Primo
Syracuse, NY, Onondaga County
Employee of the very same court where Judge Tormey harassed attorney Bobette Morin until she sued in Morin v. Tormey; David M. Primo is a 
subordinate of Judge Tormey who must remember well the treatment by Judge Tormey of Bobette Morin and would not want to repeat her fate - he might not be as successful as she is in suing Judge Tormey...
Mark R. Rose
Mark R. Rose Law Offices
Little Falls, NY, Herkimer County
To be investigated
Vincent J. Rossi
Rossi and Murnane
New York Mills, NY, Oneida County
To be investigated
Susan A. Sovie
Sovie Law Firm
Watertown, NY, Jefferson County
To be investigated
Michael F. Young
Company & Young, PLLC
Lowville, NY, Lewis County
To be investigated

I will continue to investigate backgrounds of these attorneys and their law firms, but as of now, what can be readily visible from the table is that:

(1) 7 of 16 of attorney-members/disciplinary prosecutors are out of Onondaga County, where Judge Tormey's seat is;
(2) 6 of 16 of attorney-members/disciplinary prosecutors are likely solo private attorneys, totally dependent in their business on the good attitude of the local judges, and especially on Judge Tormey, the Chief Administrative Judge of the 5th Judicial District.

(3) 6 of 16 of attorney-members/disciplinary prosecutors are law partners in established law firms, with "Martindale" ratings, "Super lawyer" ratings etc., and they will not try to be fair to me and risk losing their business in Judge Tormey's courts, and that can be arranged pretty easily - it is called "judicial discretion", and they will not be able to prove that they lost cases or were sanctioned for "frivolous conduct" because they disobediently were fair to an attorney who stepped on Judge Tormey's toes and was marked for destruction;

(4) 2 of 16 of attorney-members/disciplinary prosecutorsare employees and subordinates of Judge Tormey, and he can do with them as he pleases if they disobey and do not prosecute me on fraudulent charges  - as he did before with Bobette Morin.  Since it was the State of New York (us the taxpayers) who have paid the $600,000.00 settlement to Ms. Morin for Judge Tormey's misconduct, Judge Tormey is not deterred to fire another employee who would not do his bidding.

Will that be Loretta B. Kilpatrick, law clerk to the Onondaga County Supreme Court Commercial Division, part of the disciplinary prosecuting team against me?  Will she be fired if she does not commit fraud upon the disciplinary court?

Will that be David M. Primo, the Chief Clerk IV of the Onondaga County Family Court, the same court where Bobette Morin worked and where Judge Tormey demoted and harassed her for her refusal to yield to his illegal demands that she should spy on a Democratic judicial candidate? He is also part of my prosecuting team.

Why didn't these attorneys notify me of their direct and obvious disqualification and conflict of interest?

Fear for the job was greater than honor? Than duty? Than oath as attorneys?
But - with two of Judge Tormey's subordinates in the prosecuting team, the hope of any shreds of integrity disappeared and it became obvious why the case was assigned to this particular grievance subcommittee, and why the grievance subcommittee proceded with frivolous and fraudulent charges no matter what - because the alternative for at least two members of the prosecuting team was to be demoted or to lose their jobs, the way Bobette Morin did.
And where do I complain about these attorneys who are obviously defrauding the court for financial and financial reasons and who have FAILED TO NOTIFY ME OF THEIR DISQUALIFICATION? I guess, to themselves, there is nowhere else to complain but to the same attorneys of the same grievance committee - to, please, investigate and prosecute themselves.
What a joke.

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