Monday, December 22, 2014

A book is planned mapping constitutional issues that state and federal courts considered frivolous in litigation that my husband and/or I handled


My husband and I have been through a lot from the time that I was admitted to the bar in 2009.


The bar and the judiciary viciously opposed doubling of our legal services, which one judge called "double-teaming" (as in:  "I hate their double-teaming"), mostly in criminal and Family Court proceedings. 


For some local attorneys, my entry into the legal profession increased competition since my husband mostly handled cases outside of Delaware County, and I started to handle cases in Delaware County and adjoining counties, thus taking away business from other attorneys.  They hated it and openly declared promises to "run them out of town".


For many local judges, in me they acquired a pain in the ass since, despite being a beginner attorney, I was trained by one of the best lawyers in the area for many more years than my law school training, had three advanced degrees, including an advanced degree in teaching English, was and remain independent and mature-minded, stubborn, well-trained and well-researched in civil rights litigation, and, having been born and raised in a communist country (Russia), had a belief to uphold and enforce the rule of law.


I am not a person with a "whatever you say, Your Honor" mentality, who can be taught to scrape and bow to the so-called "authority", even when that authority is clearly wrong and is violating the law, the way I, a well-trained and well-researched individual with a law degree, understand that law.  Is this independent streak causing the demise of my career in law?  If it will, it will make for another good book, or two.


I understand that nobody likes criticism, yet attorneys, in zealously protecting their clients' rights, must criticize whoever violates their clients' rights, be it the judge or any public official, and must do it as often as often violations of those clients' rights occur.


So, the judicial system "double-teamed" with powerful attorneys - to get rid of us.


In 2011 they disbarred my husband, thus depriving the poor and under-served population of Delaware County of his services, including pro bono services that he generously provided to a lot of people, who could come to him or call him, before his disbarment, at any time and many of them got free advice from him.


After my husband's wrongful disbarment, without a hearing, after 37 years of service to his community, I tried to carry his torch as much as I could, providing free advice and free legal services as much as I could. 


Two years before my husband's disbarment a certain group of local public officials started to prepare grounds to disbar me, too.


From illegal (and dismissed) parking tickets in front of the courthouse where everybody parks, but only I was targeted as a "big-mouth attorney", to illegal (and dismissed) child neglect proceedings by people whose conflicts of interest will take a book to fully describe, and I, most likely, do not know the full extent of the conflicts which still keep emerging, to the judge who was at the head of the campaign to stop our "double-teaming" and "run me out of town" and whom I sued (Delaware County judge Carl F. Becker) assigning himself to the cases where I appeared as attorney or party and sanctioning me for raising constitutional arguments, to rumors being spread out all across New York courts, from local to the Supreme court level that I am either already disbarred or about to be disbarred, urging potential clients not to come to me - we had it all.


Both my husband and I tried to litigate multiple violations of our constitutional rights by state and local officials in federal courts.  We quickly learnt that federal courts are joined with the state courts at the hip and fiercely protect the state public officials from adjudication of misconduct, by "local rules", various judicially created doctrines and the so-called "judicial discretion" to punish litigants for frivolous conduct.


Over the years of litigation I've learnt to expect that every constitutional argument that I am bringing in state or federal court, no matter how well researched, reasoned or supported by legal authorities (even though there is no requirement to support constitutional arguments by legal authorities, as the only legal authority such arguments require are the U.S. Constitution and your own reasonable interpretation of it, and whether it is reasonable is for the jury and not the federal judge to decide), will be rejected, ridiculed and sanctioned.


Finally, I decided to pull into a book and publish the following:


(1) the constitutional issues that state and federal courts declared frivolous in cases that I handled for myself and/or my clients;


(2) the legal authorities and reasoning I used to support my argument;


(3) the reasoning of various courts rejecting my constitutional arguments, where available (because some courts rejected my constitutional arguments without any reasoning);


(4) the names of judges who rejected my constitutional argument, their biographies and appearances of conflicts of interest that I was able to find, and their history of handling other constitutional arguments, as well as their history of retaliation for criticism; 


(5) the value of the arguments I was bringing, not just for me, my family members or my clients, but for the entire American public.


I hope the book will provide a valuable for litigants, attorneys and other readers inside and outside of the United States insight into the workings of the American judicial system, the myth of the so-called "access to justice for all" and the myth that the allegedly "honorable" judges in the American allegedly "honorable" court system allegedly uphold the U.S. Constitution instead of violating it at every possible turn.


I plan to publish three versions of the book in several languages:  English, Russian and Spanish.


The book will be put together and published within a reasonable time of the conclusion of my disciplinary case.  I hope you will be my readers.  I promise I will work hard on the book and make it worth my readers' time and money.

No comments:

Post a Comment