"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 Kirkwood appreciates bashing the hard working families of Delaware County

Here is what judicial candidate Porter Kirkwood has posted on his Facebook page.

This is what Porter Kirkwood appreciates - I obtained a copy of the statement by following the link:


Based on what I have been reading and on my attendance at a recent debate, I would like to take just a minute to compare the two candidates for Delaware County Family Court judge.
Gary Rosa is basing his campaign on basically three facts. The first fact is that he was born and raised in Delaware County. Porter Kirkwood was not born and raised in Delaware County. Does that really make Gary Rosa a better candidate? Not in my opinion.

The second aspect that Gary Rosa is promoting is the fact that he is a town justice, having his campaign pictures taken with a judicial robe. Literally anyone in New York state can be a town justice, provided he is elected. New York state requires more schooling for such occupations as manicurists and hairstylists. Porter Kirkwood has worked as an attorney in the Family Court system for approximately 20 years. I personally would rather have a Family Court judge that has been a practicing Family Court attorney. This experience is insurmountable.
Lastly, Gary Rosa is saying that as a town justice, he has presided over family court matters. Yet, to my knowledge he has never given the public the number of family court cases he has overseen. Porter Kirkwood, on the other hand, has presided over at least 3,000 family court matters. This obviously gives Porter Kirkwood overwhelming experience.
I strongly urge Delaware County registered voters to vote for Porter Kirkwood for Delaware County Family Court judge on Nov. 3.
So, Porter Kirkwood appreciates:
(1) his supporters express extreme disrespect to his opponent - an attorney and a judge - by saying that "New York state requires more schooling for such occupations as manicurists and hairstylists" (than town justices), thus practically spitting on Gary Rosa's 23 years of public service as a town justice, and
(2) that his supporters misrepresent his experience in Family Court by saying that he allegedly PRESIDED over 3,000 cases - Porter Kirkwood did not correct that statement, he instead "appreciated" it "genuinely".
Only a judge "presides" over cases, so Kirkwood tries to dupe the voters into believing that he has judicial experience - while he has none.
Porter Kirkwood, by endorsing this disrespectful statement of Barbara Cole, showed his real face.
Apparently, "manicurists" and "hairstylists" do not deserve respect, the way Barbara Cole mentioned them - and Porter Kirkwood endorsed that disrespect.
Yet, Delaware County is a poor county, and hairstylists and manicurists actually make good money for the county - and work really hard to get that money.
Kirkwood wants to run on a platform of "public service" and "helping hard-working Delaware County families" by gathering support from those who despise those very people who do his hair and nails?  Great job, Porter Kirkwood, in serving the hard-working families of Delaware County, especially those of hairstylists and manicurists.
Kirkwood learnt from his mentor, Becker, first, mentioned in his campaign interview that more social services supervision is needed of schoolchildren because the quality of schoolchildren has gone down since there are not as many "doctors, lawyers and shopkeepers" in Delaware County - clearly showing that Becker's idea of public service is social control over the poor whom he despises, them and their children, and considers them second-rate.  
Becker was also condescending and disrespectful to his opponent Judge Gary Rosa - which also showed him as the self-important buffoon that he is - same as Porter Kirkwood, Becker's dutiful apprentice.
 "Gary (note the condescension where Becker calls his opponent by his first name, and his opponent calls him respectfully Judge Becker - even though Gary Rosa at that point was Judge Rosa, too - T.N.) did some family court work when he first came back to Delaware county, but after about four years, he drifted away from it. Currently, he cannot come into my family court and represent a child in an abuse or neglect proceeding or in a custody proceeding because he has never taken the training. 

He’s dealing with traffic tickets and DWIs -- the small stuff. The difference between what he’s doing and what I'm doing is the difference between flying a single engine prop plane and a 747. It’s just a completely different skill set."
Of course, Becker lied, because no additional training is required for an attorney to appear in child neglect and abuse cases, and Gary Rosa not appearing in Becker's court representing child neglect cases does not mean he did not appear in any other Family Courts - but you can expect Becker to lie, one way or another.  In my experience, he always lied in cases - either by misrepresenting the record, or by failing to disclose his conflicts of interest, or by having the Election Board file a false and fraudulent certificate of election when his judgeship was challenged - correctly - as illegal.
Yet, Becker is a past experience for Delaware County.
His 747 has crashed - but his dutiful student Kirkwood is trying to land and saddle Delaware County voters, with Becker's help.
Yet, Kirkwood is the same as Becker:  self-dealing, dishonest, disrespectful to opponents and looking down on the "hard-working families" of Delaware County who he has been splitting in Family Court and robbing by approving awards of no-public-bidding contracts.  
Not a good judge material.

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