"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.

Tuesday, October 20, 2015

Will Porter Kirkwood and Carl Becker be disciplined for misconduct for having Becker appear in a judicial robe in Porter Kirkwood campaign flyer - after retirement?

Now, I understand that the sense of privileges and entitlement die hard.

Especially for such a self-important buffoon as the recently retired Delaware County Judge Carl Becker who, reportedly, could storm into a post office and get into the face of a federal postal worker asking her if she knew WHO HE IS, that he is A JUDGE.

It is hard to accept that yesterday you were an almighty God with absolute immunity for malicious and corrupt acts - and today you are just an ordinary attorney without employment.

So, Becker, despite his claim that he left the bench in a hurry, years before reaching the mandatory retirement age, in order to spend more time with his family, after he learnt that his daughter is pregnant with his second grandchild and will soon move to Australia.

Yet, instead of spending time with his daughter, who does not reside in New York, as far as I know - Becker mentioned Seattle when I was appearing in front of him - after retiring, Becker is seen all the time hovering around the courthouse, parking in employee parking spot and driving a car that still sports a "judge" license plate - in violation of the law.

Impersonating a judge when you are not a judge is misconduct for an attorney.

Becker continues to impersonate a judge when he parks in the employee parking lot when he is no longer an employee of the court system and when he drives around with "judge" license plates on his vehicle when he is no longer a judge.

But, Becker's misconduct rose to new heights when he appeared on Porter Kirkwood's judicial election campaign flyer in his robe - while stating that he is a "ret." judge.

Well, many people will not recognize "ret." as "retired", but will see the robe and identify Becker as a presently sitting judge who renders support to Porter Kirkwood's election - which is fraud upon voters.

And, Porter Kirkwood positioned Becker as one of the "leaders we trust" on his campaign flyer when he intentionally put Becker's old photo from his years as a judge on his present campaign flyer.

Now, at the time of Porter Kirkwood's election flyer went out, Becker was no longer a judge, and Porter Kirkwood well knew it.

With support sings for Porter Kirkwood reportedly all around Delhi and Delaware County, to the point that it seems to observers like an assault of the Red Army on the county with all those red signs around - I doubt that Porter Kirkwood did not have enough money to invest into a new post-retirement picture of Carl Becker.

At least, he knew not to put a picture in a robe of another retired judge and unemployed attorney - Carl Mugglin

- who offered support to Kirkwood in the same flyer, or at least he cut the photo off so that what Mugglin is wearing does not look like a robe.

In Becker's case, his photo is the identical photo from his recent judgeship, that was published a news article when Becker was a judge, and there is no question that what Becker is wearing is the black robe.

Yet, for Porter Kirkwood's information, it is not Halloween yet, and Becker, while he can use his black robe as a bath robe and walk in it around the house reminiscing his past glory, he has no right to appear in that robe in public, or endorse election campaign flyers in a robe, as if he is still a judge.

And I will make sure that the disciplinary committee for election of Porter Kirkwood, and the Judicial Conduct Committee - if Porter Kirkwood is elected - takes up the case of Porter Kirkwood soliciting impersonation from Carl Becker as if he is still a sitting judge.

Because for a retired judge to appear in an election campaign wearing a robe to which he is no longer entitled is attorney misconduct.

As well as it is attorney misconduct for Porter Kirkwood to solicit and publish such impersonation.

No comments:

Post a Comment