"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, November 11, 2014

Is persistent illiteracy a basis for impeachment of a federal judge?

I wrote in this blog previously that federal courts consistently misread the XI Amendment.

Federal courts claim that the XIth Amendment prohibits citizens of a state to sue their own state.

The text of the Amendment does not contain such language.

I was already punished by the Chief Judge of the U.S. District Court for the Northern District of New York Gary L. Sharpe for correctly quoting the XIth Amendment.

On November 6, 2014, Judge Kahn whom my husband just accused in a pleading of failure to disclose disqualifying conflicts of interest pertaining to Mr. Neroni and to me, rendered a decision where Judge Kahn dismisses certain claims of my husband based on Judge Kahn's understanding that the XIth Amendment bars my husband, a New York resident and citizen, from suing the State of New York.

Apparently, the U.S. Congress must include a reading and comprehension test as a pre-condition for confirmation of federal judges.

And - is failure to be able to read and comprehend the contents of the written law and the U.S. Constitution a basis for impeachment of federal judges?

Then, I suggest that Judge Lawrence E. Kahn, along with Judge Gary L. Sharpe, both of the U.S. District Court for the Northern District of New York, should be impeached for inability to read and comprehend the U.S. Constitution that they are both sworn to uphold.

And when judges rely on INCORRECT reading of the U.S. Constitution by the U.S. Supreme Court (Judge Kahn relied on an incorrect and later overruled case of the U.S. Supreme Court misreading the 11th Amendment), I cannot help recalling an old joke from my youth in the Soviet Russia:


A sergeant addresses newly drafted privates:

-  Private Ivanov!

- Yess, Comrade Sergeant!

- Do crocodiles fly?

- No, Comrade Sergeant!

- But, Comrade Captain says they do!

- Oh, they do, but very-very low to the ground, Comrade Sergeant!


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