THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"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.


Thursday, July 30, 2015

Ascension to the bench through intimidation? Turf wars in Delaware County continue...

I recently blogged about the turf wars in Delaware County, and also about the perverse financial incentives that the Delaware County put in place for its prosecutors, police and probation officers - with the blessing of the two attorneys, public officials, who are currently running for judicial positions, one in replacement of the outgoing (better say "outrunning") Judge Becker, and another - to fill the new position that the Delaware County begged and received from New York State, even though judicial caseload in Delaware County, upon my information, goes down, not up.

I also blogged about the incidents of intimidation where my friends and their families started to get approached by certain individuals with certain hints and threats to drop lawsuits against a Delaware County policeman, stop blogging "with Tatiana Neroni", whatever that means, OR ELSE.

I have been advised that the intimidation is getting worse, and now, as I understand, whoever is trying to unleash this intimidation campaign is completely losing it and is urging police officers in Delaware County not to do business with my clients, my friends and my friends' and my clients' family members, even though there are not many alternatives to such "doing business" and even though police officers were "doing business" with the businesses in question not for years, but for decades.

I understand that there are more bears than people in Delaware County and that every vote counts.

I understand that people in Delaware County are, on the one hand, usually apathetic to vote, but, on the other hand, during last elections voters showed an interestingly high support for the judicial candidate Gary Rosa, in fact, so high, that at first Gary Rosa was declared a winner of the 2012 judicial elections - before Judge Becker-dominated Election Board recounted the ballots and "eked out a victory".

I understand that Delaware County provides a lot of jobs, and a lot of jobs to relatives and even clans, and that it is easy to pressure a Delaware County employee to "volunteer" for a campaign of a certain judicial candidate or to vote the way the particular judicial candidate with ties to or high-ranking position in Delaware County would want.

But, when a judicial candidate, or individuals acting on his behalf, are so desperate to put that judicial candidate on the bench that they start to getting sloppy, to advertise shady deals as "savings to taxpayers" while in reality they demonstrate that they do not give a rat's ass as to the well-being of the taxpayers or saving their money, it is becoming just a little bit too obvious to the various intimidation incidents as a mere coincidence.

When police officers are encouraged not to purchase certain items and services from Delhi businesses where they were purchasing such items and services for - not years - decades, and when the alternative is to go miles out of Delhi and cost taxpayers additional money, that is not savings, that is putting the paw of the abusers of their governmental position directly in taxpayers' pocket and making taxpayers pay for the fight for the bench and for intimidation campaign against critics of governmental misconduct.

If that is happening before Kirkwood and Northrup saddled those benches, think what will happen after.

The campaign of intimidation unleashed against my friends, clients and family members of friends and clients that happened right after I criticized the two judicial candidates in my blog, with documentary evidence of their misconduct, happened too close in time not to have at least an appearance of a causal relationship.

Moreover, the old rule "who benefits" point to the judicial candidates and Delaware County officials, including the one sued for a vehicular manslaughter and his uncle who works for the DA's office that prosecutes the victim of that assault instead of the perpetrator.

You will not get justice if County Attorney Kirkwood and District Attorney Northrup become judges.

You will simply get more corruption than you have now, and now you have too much already.

Vote against Kirkwood and Northrup.

Address the "eligibility committees" to revoke their eligibility status as judges.

Their ascension to the bench will be a continuing disaster for Delaware County.

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