THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"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, January 22, 2015
My complaint against Judges Mulvey, Coccoma, Becker was dismissed by the NYS Judicial Conduct Commission with lightning speed
On November 17, 2014 I filed a complaint against Chief Administrative Judge for upstate New York Michael V. Coccoma, Chief Administrative Judge for the 6th Judicial District Robert Mulvey and the notorious Delaware County Judge Becker.
I fully described the grounds for the complaint here, at the time I filed it.
I received a perfunctory letter from the Judicial Conduct Commission stating that "[u]pon careful consideration, the Commission concluded that there was insufficient indication of judicial misconduct to warrant further inquiry" and that my complaint was dismissed.
I have documentary evidence for everything I said in the complaint.
Be the judge as to what is NOT considered in New York as judicial misconduct.
What it means in reality that now that the complaint against, let's say, Judge Becker was dismissed, Judge Becker received a seal of approval for his actions, and now the public can be assured that Judge Becker will continue to reveal youthful offender status in Family Court proceedings without any authority of doing so - and, as we see, without any accountability.
The dismissal of the complaint means, among other things, that now Judge Coccoma and other judges in the State of New York can rest assured that they can punish with UNLAWFUL incarceration anybody who dares to file a complaint against them to the Commission for Judicial Conduct and has a misfortune to, at the same time, be challenging authority of the court to "deem" them sex offenders when they are not sex offenders by statute.
The only reason why I cannot publish the complaint in its entirety is because I do not wish to disclose in a public forum identities of my clients who suffered misconduct of these judges and details their cases, where some cases are not matters of public record, and even where their cases are matters of public record.
In any event, I, as a citizen of this country, this state and as an expert trained in law, can state as my expert opinion that what these judges committed, as I described in the complaint, not only warranted "some kind of" judicial discipline, but warranted taking them off their respective benches and disbarring them.
I believe that the sheer status of these judges militated against any discipline being applied to them.
More power to the feds - maybe, U.S. Attorney's office that is currently prosecuting Silver Sheldon, friend of Jonathan Lippman, for corruption, will turn its eye into the rampant misconduct in New York judiciary which would not have been possible, had the NYS Commission for Judicial Conduct been doing its job.