You sued a judge - the judiciary will get even with you! Right, Judge Lambert?

Judge John F. Lambert of Otsego County Court, assigned to made two cases in Delaware County, one a civil case in the Delaware County Supreme court, O'Sullivan v Bowie, and another a criminal case in Delaware County Court, People v. O'Sullivan, made two blunders in those cases practically at the same time.

BLUNDER NO. 1

In the case of O'Sullivan v. Bowie the judge allowed to reopen the default of police officer Bowie sued in his individual capacity by Barbara O'Sullivan for assault on her with the use of a police vehicle.

That same judge ordered previously to the police officer, on an Order to Show Cause, to serve Barbara O'Sullivan with the motion to reopen his default by personal service.

No affidavit of personal service was filed with the court.

So how could Judge Lambert even hear that case then, if service, as ordered by the judge, was not done?

Well, the judge not only heard the case, but found that Ms. O'Sullivan was properly served and granted the motion.   

Yet, all he had to do to deny the motion is simply read his own Order to Show Cause and compare it with what kind of affidavit of service was filed, especially that Barbara O'Sullivan is a pro se litigant and the judge should have been more careful in observing her rights.

What is also quite amazing to me is that police officer sued for misconduct is represented by counsel at taxpayers' expense and the Supreme Court waives his filing fees for the motion, as if he is a representative of the government, even though he is sued, once again, in his individual capacity only.  Not too many breaks for a person who should be charged for assault and attempted murder of a woman?

BLUNDER NO. 2

Judge Lambert is presiding over the parallel criminal case of People v. Barbara O'Sullivan where the officer who made an assault on Barbara O'Sullivan is allowed to file charges against her, but the Delaware County District Attorney filed no charges against Derek Bowie for assault upon Barbara O'Sullivan (sending the message to the community that her life is expendable - because she sued Delaware County judge Carl F. Becker, the patron of the local government of Delaware County?).

Barbara O'Sullivan has made a pro se motion there asking to dismiss the indictment against her because she was not notified of the scheduled grand jury proceeding.

A New York statute required such a notification.

Judge Lambert ruled that because the felony complaint was "disposed of" at the end of the felony hearing in the lower court, the prosecution did not have to notify Barbara O'Sullivan of the pending grand jury proceedings.

I wonder how a case may be "disposed of" when a person is "held over" for the action of the grand jury at the end of the felony hearing in the lower court.

Being "disposed of" is being dismissed.

I wonder why Judge Lambert suddenly forgot that.

Two major mistakes in two parallel proceedings, civil and criminal, against the same person?

A coincidence? 

In my opinion, there are just too many coincidences.

When all of those "errors" are on issues that would require to rule in favor of a woman who had the courage to sue a judge,  and when Judge Lambert keeps coming up with reasons (contrary to applicable law) as to why such relief should not be granted - the only reasonable explanation that a reasonable observer can come up with for such behavior of Judge Lambert is - the judge is trying to help out the police officer and to bury a woman who sued a judge.

And it appears that Judge Lambert should have had the decency of recusing from both cases long time ago.