"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, December 26, 2014

Attorney Grievance Committees unlawfully operating as collection agencies on public dime - is it any wonder why people are leaving the state of New York to leave behind the corruption, abuse of power and waste of their taxpayers' money?

I received just before Christmas from the Attorney Grievance Committee a request to confirm whether certain documents, including a letter from a certain state organization threatening me to turn a money judgment into the Attorney Grievance Committee "for collection"  are true and correct documents.

Apart from the fact that:

(1) enforcement of money judgments must be a separate court action in a different court than the disciplinary proceedings, and preceding the disciplinary proceedings, 

(2) that no such enforcement proceeding was brought against me;

(3) that the money judgment (sanctions unlawfully imposed upon me by Judge Carl F. Becker in retaliation for suing him, after I sued him) was satisfied through a court escrow over a year before the threat that the threat 

the interesting fact remains that the Attorney Grievance Committee is now discharging the functions of a collection agency - functions that the Committee is not authorized to do by any law or regulation.

What is also interesting is that the Attorney Grievance Committee is continuing to prosecute the fraudulent Charge IV claiming that I did not obey a lawful order of the "tribunal" (that would be Judge Becker who sanctioned me in retaliation for suing him), when I obeyed that unlawful order 2 years before the disciplinary petition was brought.

I guess, Mary Gasparini is too busy giving lectures about attorney ethics at CLE seminars to do due diligence for the job that New York taxpayers (including me) are paying her to do.

Of course, judging by how disciplinary proceedings are handled, due diligence - or the law for that matter - has nothing to do with what is going on, it is an order from up above to destroy me no matter what, the truth, the law, the Constitution and the due diligence be damned - and attorney Mary Gasparini of the Attorney Grievance Committee, NYS Appellate Division 4th Judicial Department, apparently and in my personal opinion, cares more about her own job security than about the truth, the law, the Constitution and the due diligence combined (or about such trifles as common decency or waste of public money on fraudulent and frivolous political persecutions of an attorney).

I raised in the state courts handling the issue (NYS Appellate Divisions, 3rd and 4th Departments) the issue that Attorney Grievance Committees in New York are not authorized to operate as collection agencies, as they habitually do.  The 3rd Department made an ex parte order of transfer of the case to the 4th Department, over 100 miles away from where my witnesses are, making it practically impossible for me to get people to testify for me, and is stalling access to papers upon which it granted the ex parte order.

The 4th Department denied my cross-motions raising federal constitutional issues without an explanation, and reacted to my motion to vacate that decision and give me a reasoned answer, which is what I am entitled to as a matter of due process of law, with yet another similar decision without an explanation, now accompanied with an anti-filing injunction, without a notice to me or opportunity to be heard on the issue why my access to court , a fundamental right, should be restricted.

To tell me that this is somehow "the rule of law" is to insult my own, and anybody else's, intelligence.  It's Star Chamber, pure and simple, and the court is frustrated that I delay my fate that was decided before the disciplinary petition was even filed.

I wrote in this blog enough as to how the federal court operates in my district, blocking any constitutional issues, including the one I raised about Attorney Grievance Committees operating as collection agencies without any authority under the law - it simply tossed the lawsuit as frivolous, and, as I said before, this shining example of unlawfulness will be included into a separate book about constitutional issues I raised that were tossed by courts.

I understand that no matter what the Attorney Grievance Committee does against an attorney marked for destruction, such as myself, who did the unthinkable, criticized judges for misconduct, and no matter whether actions of the Attorney Grievance Committee will be lawful or unlawful, fraudulent or not, the Attorney Grievance Committee or its attorneys or members will never be prosecuted, and the whistleblower like me who points out that certain actions of the Attorney Grievance Committee are not lawful, will be marked for destruction and destroyed. 

And I understand that public money, including my own hard-earned money paid as a taxpayer, will be used for that destruction, in the name of protection of the public, no less.

So, now the public money is being used to enable Mary Gasparini, of the Attorney Grievance Committee for the NYS Appellate Division 4th Judicial Department, to operate as a debt collector without any statutory authority to do that.

And Mary Gasparini, as well as her supervisors, apparently have no qualms using that public money for such purposes.

No wonder there is such a reported exodus out of the State of New York - the state where the taxes are high, the job market is bad, and the collected taxes are used on illegal adventures such as collection of a satisfied money judgment by Attorney Grievance Committees having no right to engage in debt collection.

Last years' report indicated that during the last decade people leaving New York State took with them $45.6 bln in personal income from the state's economy, which was close to 7% of the combined income of New Yorkers reported in 2010.

This years' report indicates that the exodus from New York continues, and I support such exodus wholeheartedly.

Only when the  New York state budget will have no money paying people like Mary Gasparini for lecturing at CLE seminars and engaging in debt collection instead of doing her job diligently and in good faith, maybe something will  then start changing in New York.

This year's report indicated that people continue to leave New York state.

It is time the state of New York should stop treating its taxpayers like dirt and starts paying attention to where abuse of power and waste by public officials hurts the state economy.

Actually, what I am experiencing, will make for a nice book on legal ethics/ primer into the legal profession, for pre-law and law students.  I have enough documentary materials for that for sure, and at least such a book will describe the real world of legal ethics, or rather, how the rules of legal ethics are used as a sword against critics of any misconduct of public officials instead of for protection of the public, as is their declared purpose.

So, if I am relieved of my license in order to make me less credible as a critic of the judiciary, first of all, as I wrote in this blog earlier, I will engage in providing services in arbitration and mediation, an unregulated activity in the State of New York.

Plus, I will then have the time to write those books - and since they will be based on documentary evidence and legal authorities, I don't think taking of my law license will take from their value or credibility.

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