Delaware County coroner Dr. Ucci has placed a "letter to the editor" in the Walton Reporter supporting judicial candidate Porter Kirkwood, lauding him for his experience in dealing with child neglect and abuse cases.
I posted a comment to that letter, but it is under review, and I am not sure whether the politically correct and Republican-run newspaper will publish it.
Therefore, I repeat my comment to Dr. Ucci's letter here, with some edits and additions.
Experience does matter.
Yet, Porter Kirkwood has not only experience in dealing with child neglect and abuse cases -AS A PROSECUTOR.
Porter Kirkwood also has a record of:
* ex parte communications with Judge Becker;
* lying about not having a child neglect file that he had, and thus preventing timely discovery of Judge Becker's disqualification arising from his actions before he came to the bench, something that could not be discovered through public records;
* fabricating child neglect prosecution of parents who reported Porter Kirkwood's child for a serious fight on school grounds;
* retaliation against his own workers for expressing opinions that he did not like;
* having a private practice during taxpayer-paid time as an Assistant County Attorney, and representing in that private practice individuals on claims that ran directly contrary to his obligations as a prosecutor, DEFENDING elder abuse;
* Allowing the County Building to be used by private attorneys for free for depositions in paying cases;
* Approving contracts without bidding in violation of the law;
* Approving the financial arrangement for a new prosecutor, with benefits financed out of conviction fines, in violation of state and federal law, including constitutional law.
As to Porter Kirkwood's abilities as an attorney - only a completely incompetent lawyer can lose a trial in a case where the judge is heavily biased in his favor and where the opponents did not show up, after trying a case against empty seats.
Such a gem as Porter Kirkwood, with his record of "integrity", should not be allowed close to the bench - or even to the practice of law.
In the meeting with potential voters, Porter Kirkwood claimed that he has no conflict of interest as a potential future judge presiding in a BENCH (non-jury) trial where he will be a FACT-FINDER, over cases brought in front of him by his former client of 20+ years, the Department of Social Services.
Let me start counting the problems here.
* Extrajudicial knowledge about witnesses.
* Extrajudicial knowledge about the case.
* Extrajudicial knowledge about respondents - remember that many cases of social services have a trail of years back, and Porter Kirkwood LED investigations about many people, without their knowledge, and now will be presiding over cases of those parents?
Knowing him as I do, over years of experience with him as an opposing counsel in child neglect and abuse cases, I have no doubt that Kirkwood will NEVER acknowledge his conflicts of interest, NEVER disclose that he has extrajudicial knowledge about the case, NEVER disclose the fact of ex parte communications with his former clients - and your children will be taken away from you simply because social services replaced one judge representing them instead of impartially ruling on cases (Carl Becker), by another, Porter Kirkwood, who learned at Becker's knee as his subordinate, for years.
Neither parties, nor attorneys appearing in front of Kirkwood as a judge, will know or have even an opportunity to verify the scope of Kirkwood's knowledge about testifying witnesses.
Kirkwoood-as-judge will have to assess credibility of witnesses. Guess how he will assess credibility of social workers who were his clients for decades and with whom he closely associated?
Child neglect and abuse proceedings with Kirkwood presiding will be decided only one way - and you know, which way it will be.
Experience in the hands of a person with negative integrity and vast connections is a disaster.
Becker just left. But, having left, Becker have sprouted two heads - Kirkwood and Northrup.
Voters in the coming primaries and in the general election!
Don't allow the local establishment of the Delaware County to saddle you with two Beckers instead of the one that you had and that just ran from the bench.
You've had enough of ruined lives by a biased and incompetent judge with undisclosed conflicts of interest.
You do not need another one - or two - low on integrity and knowledge, but quick on retaliation and ex parte communications.
Judicial misconduct in the state of New York can be dealt with only one way - by not voting bad apples into office.
Once they are there, they will not be disciplined for anything they commit, and, remember, they will be ABSOLUTELY IMMUNE for MALICIOUS AND CORRUPT acts on the bench, for most horrible violations of your constituitonal rights, the moment they pronounce the oath to UPHOLD your constitutional rights.
That's how the "law" of this country works.
So, do not put on the bench a person who is guaranteed to violate your consitutitonal rights - because that's what he has been doing as a social services prosecutor, he is not likely to change, and he already said he has no conflcit of interest presiding over cases of his own clients of several decades.
Out with Kirkwood.
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