Thursday, January 29, 2015

Poor, poor Ms. Gasparini


Disciplinary prosecutor Mary Gasparini wants to have the court punish me for allegedly revealing what was in my disciplinary proceedings despite a prohibition from a court order (which was not true, of course, but she does not care anyway).

The problem that Mary Gasparini has is that now she has an interest to either:

(1) withdraw the entire disciplinary proceedings against me, or;
(2) drag those proceedings on so that the proceedings should never end, which is impossible even for her.

Why?

Because by Judiciary Law 90(10) as soon as attorney disciplinary proceeding ends and an attorney's license is suspended or revoked, ALL records of such proceedings become public as a matter of statutory law.

Of course, records of criminal proceedings are also open to the public, with only three exceptions:

(1)  identity of sex offense victim (and only after conviction);
(2) pre-sentencing report of the defendant;
(3) identity of a confidential informant who did not testify.

None of these exceptions apply in my case, so records of my civil-turned-criminal proceedings under the civil caption are now open to the public, thanks to Mary Gasparini.

This is the first time I see (and I represented people in disciplinary proceedings and researched a number of cases all over this country) when I see disciplinary prosecutors fighting so desperately against the attorney they are prosecuting trying to prevent the attorney from revealing to the public what exactly they are doing in the disciplinary proceedings.

Mary Gasparini's desperation got to the point that she forgot completely what she was doing and inadvertently opened proceedings to the public by attempting to make them criminal - filing a "notice of motion", in a civil action, for criminal contempt of court against me.

Poor, poor Mary Gasparini.

I understand that the whip that you are holding over the heads of attorneys in this state is so scary that you think you do not have to know the law or have any shred of integrity to be a disciplinary prosecutor.

But, sometimes you slip on your own incompetence, misconduct and desire for revenge.

Poor, poor Mary Gasparini.

What will you do now that you opened the very records that you wanted the public not to see?

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