I say "allegedly" because (1) I was never served with the order of suspension and because (2) the order of suspension posted online says I "should" be suspended, not that I am suspended.
Also, the U.S. Supreme Court said that unconstitutional actions of the government are void, meaning they are a ZERO, a NOTHING, a NULLITY.
My order of suspension very clearly says that, as of November 13, 2015, the court at the same time found attorney disciplinary violations AND blamed me for not expressing remorse on a date prior to determination of liability.
That is called pre-judgment, which is unconstitutional, making the order of suspension, according to the U.S. Supreme Court's ruling in Marbury v Madison some 112 year ago void and a nullity.
Nevertheless, despite the state order of suspension being a nullity, a federal court allegedly suspended my federal law license - without telling me - allegedly on November 18, 2015, even though my status was listed as "active" on the court's website until November 22, 2015 and only on November 23, 2015, through a "letter order" in another case, the court condescended to notifying me of the order of suspension allegedly made on November 18, 2015.
The suspension by NDNY court is peculiar.
TWICE I asked that same court, the U.S. District Court for the Northern District of New York, for help based on constitutional violations that led to suspension of my law license.
In June of 2011 I sued Delaware County County, Family and Acting Supreme Court judge Carl Becker for misconduct IN and OUT of court.
After I sued him, Judge Becker immediately imposed sanctions upon me in three court cases.
Judge Becker's sanctions were imposed because, in his opinion, I harassed HIM by motions to recuse - which was grounds for disqualification, because a victim of alleged harassment may not preside, as a point of due process of law, over the case where the victim claims that harassment.
A year before Becker imposed sanctions upon me in 2011, in 2010, the U.S. Court of Appeals for the 2nd Circuit VACATED sanctions against an attorney for abuse of discretion - and those sanctions did not even involved statements about conduct of a public officials (which get additional 1st Amendment protection).
The 2nd Circuit has ruled that an attorney is entitled to draw reasonable inferences from facts the attorney is aware of to draw reasonable conclusions for purposes of his pleadings.
I did exactly that for motions to recuse. I made all of my motions to recuse based on documentary evidence and inferences therefrom. And, I was additionally protected by the 1st Amendment, because my statements were about misconduct of public officials:
- Judge Carl Becker, since "retired";
- then-Delaware County Attorney Richard Spinney, since "retired";
- District Attorney Richard Northrup, since elected to Judge Becker's seat, and
- Vice-Chair of Commission of Judicial Conduct Stephen Coffey, who since was not re-appointed to the Commission after 16+ years of "service".
- a transcript of the deposition that Zayas claims in the petition I failed to attend as an attorney on behalf of two clients or explain to the court why I failed to attend;
- motion in that same case that I allegedly failed to oppose causing a default of those same two clients.
- NY State Commission of Judicial Conduct (2009, 2010, 2011- 2015) - where attorney Stephen Coffey was Vice-Chair while at the same time being part of litigation involving his own misconduct and coercing Becker to make improper bail release orders that plunged Delaware County into years of litigation (I actually won the money back for my client - after three appeals and a sanction, so that's why my license was taken because of a "client matter", because my representation of that particular client actually benefited that particular client);
- NYS Attorney General (May of 2011), requesting him to file a petition for a writ of quo warranto (ousting) of Becker, because there was no competent documentary evidence of Becker's election in 2002; instead, NYS AG represented Becker when I sued him;
- Delaware County Supreme Court - where NYS AG represented Becker, and a judge was assigned who was also just sued for retaliation and was also represented by NYS AG.
- through a lawsuit Bracci v Becker - dismissed on grounds of "absolute judicial immunity", meaning that the court said that, even if ALL that I was saying about Becker's misconduct was true, it DOES NOT MATTER, the lawsuit will have to be dismissed anyway, and the court will not LOOK at the evidence;
- through a removed disciplinary case - it was dismissed because, after all evidence that state authorities in New York WOULD NOT HEAR federal constitutional claims, NDNY stubbornly considered that I still can and should be plunged before the state government that does not want to hear about federal constitutional claims, especially about the government's own misconduct. Also, NDNY remanded because I was not RACIALLY discriminated by the state authorities (even though recently another attorney Leon Koziol has argued in a writ of mandamus against NDNY that NDNY itself discriminate against Mr. Koziol AND against me because of our Slavic origin). So, had my skin been a different color than white, I would have had a chance at a removal of my disciplinary case, that is the inference that can be reasonably made from NDNY's remand.
I explored all avenues against a biased judge who recused from our case in 2009, but continued to assign himself to our other cases in order to be able to abuse his power and to retaliate against me and my clients for challenging his misconduct, using legal avenues.
(By the way, Becker sanctioned me TWICE for using public records in pleadings - in the "client matter" from Family Court which is used as one of the three sanctions in my order of suspension, for making FOIL requests seeking information about Judge Becker himself, and in another case where I used open court records to draw reasonable inferences - which the 2nd Circuit allowed and said it was not sanctionable as of 2010.)
After complaints and motions to recuse did not help, and after I received information about Becker's out of court activities that were not subject to any kind of immunities, I sued the judge.
The judge retaliated with 3 sanctions.
I asked NDNY for protection pointing out that the timing, number and sequence of sanctions, and the basis of imposition of sanctions suggest retaliation in violation of my due process and 1st Amendment access to courts, for myself, my family members and my clients.
NDNY refused to help, tossing the case for the first time without looking at the evidence.
State appellate court similarly refused to look at the pattern of retaliation because of its restrictions to the record on appeal from a single case, which precluded the court from reviewing evidence between three cases forming a pattern of retaliation.
I made three motions based on new evidence to vacate sanctions.
All of them were denied based on "collateral estoppel", which is only applicable when no new evidence is available.
A disciplinary action was brought against me exclusively on the basis of retaliatory sanctions.
I removed the case to NDNY and asked the court for the second time to help me against New York State's violation of my own and my clients' constitutional rights.
NDNY refused to help me, now for the second time, quoting that I did not assert racially-based retaliation. Retaliation because I am Russian and an immigrant with an accent is not enough for "racially-based" retaliation and discrimination, I guess, not to mention that the statute of removal does not mention racially based discrimination as a condition precedent to grant the removal.
After NDNY refused to help me TWICE regarding KNOWN discrimination and KNOWN violation of my constitutional rights by the State of New York based on KNOWN retaliation of a state judge,
NDNY now penalized me, a victim of judicial retaliation that NDNY refused to help, even more, by suspending my federal law license without a notice or hearing based on:
- order of suspension of the state court without review of constitutional issues;
- after dismissal by NDNY on Younger abstention grounds;
- when order of suspension was exclusively based on Becker's retaliatory sanctions, and
- when NDNY refused to address the pattern of retaliation by Becker when I sued back in December of 2011
- ignore her complaints;
- if it does not help - intimidate her and harass her family and her child with a child neglect proceeding;
- if it does not help - intimidate and humiliate her with assigning a once-recused biased judge to the case and allowing him to unleash verbal tongue-lashing on her as if she is a second-grader;
- if it does not help - sanction her for making motions to recuse and for suing the judge;
- if you are a federal judge and she requests the help she is entitled to - refuse her any protection against constitutional violations by New York State pursuant to an act of the U.S. Congress, the Civil Rights Act, and the removal statute;
- if it does not help and she goes public with exposure of judicial misconduct in both state and federal court system;
- suspend her state law license - just when she filed a motion to vacate in federal court based on misconduct of top court officials in the State of New York and was about to file a motion for sanctions against those same top court officials and the NYS Attorney General;
- suspend her federal law license without a hearing - in full knowledge, based on TWO federal cases that NDNY refused to hear, that what is being done to me in disciplinary "court" was unconstitutional.