A summary judgment in a criminal case? We'll see...

I wrote on this blog that my disciplinary prosecutor (in the case which is claimed civil by New York law) also brought a criminal proceeding against me, for opening my own disciplinary proceedings to the public, which is what I am absolutely allowed to do by law.

In that criminal proceeding for contempt of court Ms. Gasparini - who has the audacity to lecture to attorneys about legal ethics during her taxpayer-paid time as a disciplinary prosecutor (by the way, her position is not supported by existing law) - acts as a prosecutor, as the sole complaining witness and as the alleged victim, which constitutes gross prosecutorial misconduct.

Now Ms. Gasparini, who has absolutely no clue as to criminal law and procedure, asks the court for a summary judgment without a hearing in a criminal case, where no such thing is available in criminal law.

We will see whether the court will "do the right thing", apply the law and toss Gasparini's self-interested and incompetent ravings - or violate the law, punish me for violating my own privacy.

I won't be surprised if the latter happens.

After all, several courts, since January 2013, disregarded court records clearly indicating that I was fraudulently prosecuted for an insane charge - for NOT practicing law without a license in 2008 (for not committing a crime).

After all, the disciplinary court pretends it is unaware that I have a right to open proceedings to the public and that Judiciary Law 90(10) that is used to seal documents in such proceedings may only be used as a shield for the attorney who is the subject of the investigation and never as a sword (the way Mary Gasparini is attempting to use it against me).

Throughout these proceedings, disciplinary prosecutors from two appellate divisions acted as if they have no clue of the applicable law or rules of evidence - not to mention of the attorney disciplinary rules requiring of every attorney, including a disciplinary prosecutor, elementary competency.

So - we will see whether the court will grant a summary judgment in a secret criminal case brought by the alleged victim/witness/prosecutor Gasparini to punish me for violating my own privacy.

It gets loonier and loonier by the day.

On the other hand, this case clearly highlights the problem that we have in New York (and in this country) not only in attorney disciplinary cases, but in all cases - the rule of law is dead, because justice is not blind.

Judges are actively considering status of who is asking for relief, and not legality of relief asked or legality of procedure followed.

Status trumps the rule of law practically every time in the courts and in front of judges of New York two appellate divisions that I am familiar with (3rd and 4th Departments).

The same is true with many lower court judges where I appeared as an attorney over my legal career.

Reports in the media and social media show that this situation is pervasive throughout the U.S.

Welcome to the Star Chamber where we will remain until we, as citizens of this country, undertake to introduce effective measures to address rampant misconduct of public officials, including and especially the judiciary and prosecutors - whether "civil" or criminal prosecutors.