"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.

Sunday, October 18, 2015

Porter Kikwood working hard for "hard-working Delaware County families" - splitting them and defrauding them

While the headline, and the statements below, read like sick jokes, those are statements in Porter Kirkwood's election campaign:

Leadership and work ethic.

In delivering justice.

Working hard for people of Delaware County.

I am a Delaware County taxpayer, and thus, part of the "people of Delaware County". 

I am very much interested to know how Porter Kirkwood "works hard" for me.

1) that Kirkwood “came here less than 20 years ago to work for the commissioner of social services”;
2) that Kirkwood “has no ties that bind him to Delaware County other than a good-paying job at taxpayer expense.  I predict that when he no longer has a good job at taxpayer expense, he will no longer be in Delaware County because other than a job he has no stake in Delaware County”;
3) “The fact is, each and every time [Kirkwood] appeared in family court it was to represent the commissioner of social services. Regardless of how many times he has been in family court, it has always been on behalf of the same client,” he said. “In contrast, my trips to family court have been on behalf of people – Delaware County families";
4)"When my opponent gratuitously says he has saved your taxpayer dollars, ask him how. How do no-bid contracts save taxpayer dollars?”
5) Gary Rosa also mentioned, back in June 2015, that Porter Kirkwood asked for a $40,000 raise from his salary of $93,000 when he became Delaware County Attorney.

Porter Kirkwood answered that criticism, and specifically the part that one of his first steps on the job is to lobby for a steep salary increase for himself.

In his criticism in June of 2015, Gary Rosa used old information about Porter Kirkwood and claimed his salary was, as reported by in 2013, $114, 917. 

While confirming Gary Rosa's numbers from, Porter Kirkwood did not disclose that his salary, since January of 2015, was actually $125,917.

Not disclosing his brand new salary hike in response to Gary Rosa's criticism was omission amounting to representation - and fraud upon voters.

Porter Kirkwood claimed that his salary hike was justified, because he should get as much as the District Attorney, yet, he allows an outside law firm to handle litigation for the county.

The District Attorney - as much as I criticized him for his misconduct which, I firmly believe, makes him unfit to be a judge or a lawyer - is actively litigating in court in front of juries, while Porter Kirkwood's only "advantage" was litigating in front of his former boss and colleague and current friend Becker and getting the cases of Delaware County Social Services fixed this way between two attorneys for social services - one present and one former, who was on the bench.  Not much honor, experience or competence is needed for such shady dealings - only a lack of integrity.

It does not take much brain, ladies and gentlemen, to get a case fixed from a judge who works not as a judge, but as a second counsel for social services in child neglect proceedings - as Becker did for years.  All it takes is just the lack of integrity, and Porter Kirkwood has enough of that "quality".

As to Kirkwood's competence, I know of a case that Porter Kirkwood lost at trial with nobody appearing against him - a statement of complete incompetence.

In two recent cases that I handled in federal court, in one of them, Porter Kirkwood filed a notice of appearance without indicating who is his client, on whose behalf he is appearing - a statement of complete incompetence.

In another, Porter Kirkwood represented a County official as long as he was able not to file his own motions and responses to motions, but support other people's motions.  As soon as his serious input was needed, an outside law firm was hired.

Let's also note what kind of cases Porter Kirkwood handles in order for him to claim that he has been "working hard" for "hard-working families" in Delaware County, and that, as a judge, he will continue doing it.

People who provide financial support to Porter Kirkwood are either government officials, or rich landowners and professionals like accountants and real estate brokers.

They are NOT appearing in Family Court cases.

They are hoping, apparently, to appear in front of Kirkwood in Supreme Court cases once Kirkwood is appointed an Acting Supreme Court justice (a usual practice for rural Family Court judges) - and then he will fix cases for his supporters the way Becker fixed cases for his supporters, after all, Kirkwood learned at the knee of the best fraudster on the bench.

The spread of supporters for Kirkwood is here:

The "leaders you trust" include:

  • Carl Becker - a much sued recently retired fraudster on the bench;
  • Shields - who obtained a case fix from Becker and then supported him for reelection;
  • several town supervisors - who had to participate in the CRIME of awarding public contracts without public bidding
  • 3 senators - well, endorsement by senators at the time when senators in New York are dragged away in shackles one after another, does not add much to credibility of the supported candidate, and, to crown it all,
  • the retired judge Carl Mugglin, a sexist - and brainless -  bully,  who went to the bench after demonstrating incompetence as an attorney (three courts could not make head or tail of the will drafted by Carl Mugglin some 40 years ago) and who harbors an opinion that criminal trials can be held in churches, and that female attorneys should shut up and not "dig holes for their clients with their intellectual efforts", count on Carl Mugglin to tell you that he has never seen a better lawyer than Porter Kirkwood, Carl Mugglin is a real expert to discern attorney excellence, after all, he also endorsed Becker.
And - by the way - it is a mystery to me how the 3 senators, NONE OF WHOM reside in Delaware County can support Porter Kirkwood with their votes on November 3, 2015 - that is one more fraud upon the voters.  I wonder if these senators know how their names are used by Kirkwood.  If they do, they are participants in voter fraud.

And, dear voters, please, pay attention to the fact that NONE of these endorsers will EVER be litigating in front of Kirkwood in Family Court.

Their interests lay in a completely different territory - Supreme Court, where Kirkwood will be fixing cases for rich parties, providing return on investment for support in election by providing the "right" decisions and sanctioning the enemies of supporters, their families, friends and political connections.

So, the leaders you, dear voters, allegedly trust, include people like Becker - who split "hard working families" for 27 years through social services, and then fixed cases for the same social services, and for his friends and former colleagues since 2002 when he came to the bench.

The "leaders who you trust", dear voters, are the town supervisors who participated in the sweet deal of awarding millions of dollars in YOUR money to unknown individuals bypassing public bidding - and Delaware County still resists my FOIL request to provide copies of those contracts. 

The "leaders who you trust", dear voters, is Beverly Shields who makes "final determinations" on public contracts that bypass public bidding - according to her own statement in support of Porter Kirkwood, endorsed by Porter Kirkwood by placing it on his Facebook campaign page.

The "leaders who you trust" are those who, for years, used your hard-earned money exacted out of you in taxes, under the threat of foreclosure on your homes to defraud you and self-deal for themselves, their friends and relatives using YOUR money.

Becker was the one who would endorse County foreclosures on your homes if you do not pay taxes to support these fraudsters.   Now Becker is gone, but the County needs "its own person" on the bench, so Kirkwood is now up for sale.

Gary Rosa already summed up the essence of Porter Kirkwood's election campaign - and the essence of his activities:

“I don’t know about you, but there’s nothing that disgusts me more than a government official trying to insult my intelligence,” Rosa said. “It’s exactly this kind of arrogance we can no longer accept.”

And we shouldn't.

Don't vote for the fraudster Porter Kirkwood.

Vote for Gary Rosa, the only candidate not only with 23 years of judicial experience (while Kirkwood has none) - but with integrity (while Kirkwood has none).

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