"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.

Saturday, January 31, 2015

You must call it perfume, even if you are choking on the stink

Once one dons a black robe, one loses his or her brain, knowledge, competence, morality and integrity (if they had it in the first place).  

And one can do wonders.  

And one does.  

Wonderful wonders. 

Crazy wonders.  

And one has the power to hide one's wonderful wonders, like a dog who pooped on the carpet. 

Only, unlike the dog who pooped and hid his poop, one also gets a right to punish anybody who finds his poop and shows it to others.

One gets to make everybody to acknowledge that one's poop is not poop at all, but it is perfume that smells like roses.

And ones has the power to put in jail those who insist that poop is poop and it stinks.

And how do those wonders happen?

Here is the scenario.

The nominee for the New York State Court of Appeals Judge Eugene Fahey sealed the following records - and sealed the very order sealing them.  Judge Fahey and his co-judges sealed:

  • A case decided by the United Nations court for violation of the International Convention of Political and Human rights - Gryb v. Belarus;
  • A case decided by the European Court of Human rights - Kabanov v. Russia
  • List of countries - members of European Union
  • Trial rules of New York Surrogate's Court
  • Several court orders from several cases on file with Delaware County Supreme Court are now sealed
  • A court order and a transcript on file in Delaware County Surrogate's Court are now sealed
  • A court order on file in Otsego County Surrogate's court and Attorney General's office are now sealed
  • A court order from the New York County Supreme court is now sealed
  • Multiple orders and records on file with the NYS Appellate Division Third Judicial Department
  • Multiple records filed with federal courts and accessible on
  • Multiple articles from Albany Times Union (which are still on the Internet), all about public corruption, are now sealed
  • Multiple articles from New York Times and other news sources, all about public corruption, are now sealed
  • My own attorney registration is now sealed
  • Biography of judge Carl F. Becker on the website of NY Court administration is now sealed for me (while remaining in public access on the Internet to the whole wide world)
  • Biographies and attorney registration information of judges of NYS Appellate Division Third Judicial Department are sealed 
  • Information web pages of Onondaga County Family and Supreme Courts are now sealed
  • A deed where Judge Becker sold his law office to the local prosecutor John Hubbard is now sealed
  • The list of members of the New York State Commission for Judicial Conduct is sealed
  • A decision of NYS Commission of Judicial Conduct removing from the bench a judge for fixing a traffic ticket for another judge's wife is sealed
  • Printouts from the website of a law firm where that former and disgraced judge was embraced (in a law firm employing close relatives of a state and a federal judge) are now sealed.
The list of this insanity goes on and on and on (see the table I of the "sealed" exhibits I started to put together in my previous post).

It looks like a prank.

A sane judge cannot do that.

Yet, this is not a prank.

This is damn serious.

This is my life, my livelihood and my liberty, for God's sake!

In fact the order sealing all of the above, is in and of itself also sealed and is secret.

Yesterday I received by regular mail criminal charges for violating THAT order, which ordered me not to talk about public records available to the entire world on the Internet.  

In those criminal charges, prosecutor Mary Gasparini had the insanity and audacity to claim that THAT crazy order is actually "a lawful mandate of the court" - and to ask the court to put me in jail for violating it.

Which will mean, naturally, loss of business, clients, health, dignity.  For allegedly breaking a crazy and crazily unlawful order.

For allegedly violating the gag order not to talk about RAMPANT CORRUPTION OF PUBLIC OFFICIALS as reflected in multiple PUBLIC documents.

And all of that is done in proceedings that are allegedly held in the name of protecting the public from me, a civil rights attorney who BEGGED, ASKED, DEMANDED the court - all in vain - to let THAT SAME PUBLIC simply be present at the hearing and see how and for what reasons that same public is allegedly being protected from me.

If the public does not have a right to know how and why the government is protecting the public from me - isn't such a proceeding unlawful?

A Star Chamber?  Yes? No?

Please, read the above list of "sealed" documents.  

Please, read my previous post with the table of documents sealed by the judges of the 4th Department.

If you think it is only about me, think again.

This is a pattern.

This is a policy.

This is how judges "do their business".

They consider it their right to NOT read the record before they decide cases.  Had they read the record they wouldn't have been able to seal what they sealed - because it is CRAZY.

Does a judge exist in the New York State judiciary to end this mess, who would have a shred of integrity and competence left and who would acknoweldge the insanity of what is going on in my disciplinary case, which, while continuing to be my personal tragedy, becomes more and more an accusation against the corrupt judiciary in the State of New York and proof of its corruption.

People of the state of New York!  

THINK about it.

If judges SEALED THAT (see list above and the table in my previous post), that means only that they DO NOT READ THE RECORD before MAKING DECISIONS ON PEOPLE'S LIVES!  In your lives.

They will and do decide your custody of children without thinking or reading the record.  

They will and do make decisions about your own and your loved one's liberty without reading the record.

They will take away your property without reading the record.

Did you agree to such actions by these judges when you elected them?

It's enough.

We need laws in the State of New York making the judiciary truly accountable to the people, which would prevent people in black robes from turning court proceedings into a circus.

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