"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.

Monday, June 29, 2015

Something clicked somewhere with Mokay trial exhibits - once yet another complaint against Judge Kevin Dowd was filed

I received today an "index" (list" of trial exhibits for the ex parte Mokay trial.

I received the list 47 minutes (!) after I filed an additional complaint against Judge Dowd with the NYS Commission for Judicial Conduct for blocking me from reviewing the exhibits or from seeing even the list of exhibits admitted at trial and influencing the stenographer not to give me the index, and for Judge Dowd's attempt to punish me for being injured and sick and on a legitimate medical leave on the day of trial, and to award against me "costs" of calling jurors to the courthouse.

Here are the scans of my e-mails.

I've sent my complaint by e-mail to the NYS Commission for Judicial Conduct at 3:10 pm:

Brenda Friedel wrote to me with the "index" of trial exhibits at 3:57 pm, in 47 minutes:

The stenographer apologized in an e-mail and said that it was (allegedly) entirely her fault that she "forgot" to include the "index" of exhibits into the trial transcript.

At the same time, the Delaware County Supreme Court Clerk Kelly Sanfilippo and her assistant clearly indicated in recorded telephone conversations that Judge Dowd's chambers directed them not to release the list of exhibits to me.

Moreover, the interesting part is that the index is not made a part of the transcript, has separate numeration from numeration in the transcript, and does not have a signature of the stenographer.

For the stenographer who, by the report of, was earning $105,000.00 a year back in 2008 (and I do not believe that her salary went down in the 7 years since, more likely it went up), such a number of errors in one transcript can hardly be called coincidental.

I understand that Ms. Friedel's professional reputation was simply sacrificed to protect the judge.

Yet, telephone recording speak for themselves - the judge and his chambers gave a direct order to the Delaware County Supreme Court Clerk's office (that was not supposed to even have custody of the record - judging by the letter from the NYS Court Administration), but nevertheless had such custody (judging by the direct recorded admission of the Supreme Court clerk Kelly Sanfilippo) to deny me access not only to trial exhibits, but even to the list of trial exhibits from the ex parte Mokay trial.

Apparently, Judge Dowd is becoming an embarrassment to the New York judicial system.

It is interesting to know - will he be dealt with the same way Carl Becker was?

Will Judge Dowd suddenly discover an urge to spend time with his family and that his judicial career interferes with such long-craved communication?

That would be not a second too soon.

The top secret "index", the list of exhibits that Judge Dowd prohibited the Delaware County Supreme Court Clerk to release to the attorney of record for the defendant, before and after Judge Dowd made a decision against the defendant Fred Neroni in reliance on exhibits in that top secret list, will be published in one of my next blogposts, with an analysis.

Stay tuned.

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