"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.

Friday, July 24, 2015

Somebody is antsy in Delaware County...

In the morning, I published a blog about a "financial arrangement" in Delaware County, New York, where conviction fines finance the police, the legal aide, and now the prosecutors.

I also stated in the blog that the "masterminds" of the "deal of the century" are two judicial candidates, Porter Kirkwood (Delaware County Attorney) and Richard Northrup (Delaware County District Attorney) and listed instances of shady behavior of Richard Northrup before this "financial arrangement".

In the afternoon, my friend in Delaware County was already threatened with being "locked up" if she "does not stop blogging with" me.

It means that:

1) my blogs are read;

2) my blogs work in exposing misconduct of people;

3) those who intimidate my friends are really stupid people since they do not even know what blogging is when they demand that my friends stop blogging "with me".

I am blogging alone, individually and separately from my friends.

Yet, I will be publishing names of people who attempted to intimidate my friends or to pass intimidating statements from others.

One of such "referral source" is attorney Carol Malz of Oneonta, NY, who arranged a meeting with my friend, under an obviously fake pretext, to convey to her that she and I must stop blogging, "or else" there will be serious consequences for my friend in court, and that all troubles of my friend and her daughter (!) in litigation are because they associate with me.  

By the way, the 1st Amendment to the U.S. Constitution protects freedom of association from intrusion from the government, so it is obvious that the court system MAY NOT, constitutionally, take my friend's association with me (as the critic of judicial misconduct) against her in the court's rulings.

According to my friend, Carol Malz tried to subtly and not so subtly drop hints that my friend should really drop her civil lawsuit against police officer Derek Bowie (who assaulted her with a vehicle), and then the Delaware County District Attorney (who employs Derek Bowie's uncle, and therefore, prosecutes not Derek Bowie for assault and attempted murder, but my friend, Derek Bowie's victim, for a made-up crime) will "go easy" on her.  And, if she does not drop that lawsuit, she will be locked up.

Today the tune of intimidation was repeated - stop blogging (apparently "in association with" THAT Tatiana Neroni) - or you will be locked up.

Says a lot about integrity of judicial system, doesn't it, that simply being a friend of a critic of judicial misconduct puts a bull's eye on you and makes you a target of retaliation by the entire judicial system. 

Once again, I do not blog "in association" with people.  I blog on my own.

Intimidating my friends will not stop my blogging, as I believe my blogs protect them, not jeopardize them.

I believe that my friend Barbara O'Sullivan is safer when I blog about her.

What endangers her is the silence.

What helps judicial misconduct, police misconduct and prosecutorial misconduct is the silence, silence of people who, for financial or other reasons, are afraid to raise their voices against injustice that they clearly observe in front of them.

That's their choice.

And blogging is mine.

And I will not stop.

No comments:

Post a Comment