THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:
"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, November 1, 2015
Porter Kirkwood vs Gary Rosa - main problematic positions of candidates as expressed at the meeting with voters in October of 2015 in Sidney
The main problems that spring up (my personal opinion, of course) come from answers of candidates to two questions of the moderator
1) if and when it is appropriate to terminate parental rights;
2) if and when it is appropriate to put parents in jail for non-payment of child support,
and based on statements of Porter Kirkwood
3) about his devotion to work to protect "families and children",
4) his alleged encouragement by Porter Kirkwood to his supporters not to succumb to the alleged, but not specified "negativity" in the current judicial election campaign and the alleged "high road" of his campaign;
5) about Kirkwood's alleged love for appellate practice (while Rosa professed no experience in appellate practice);
6) and, the most horrible of all, a boastful revelation of Porter Kirkwood about a program of unlawful psychological experimentation on foster care children at taxpayers' expense. What Kirkwood parades as his advantage over Gary Rosa, is in fact, attorney misconduct warranting disbarment - where Porter Kirkwood first prosecuted as juvenile sex offenders, and then Porter Kirkwood, as advisor to the Delaware County DSS, the children's legal guardian, gave consent to experimental "treatment" (torture and sexual abuse) of those foster care children by a notorious, indiscriminate and greedy snake-oil peddler, the now-deceased psychologist "Dr." Hamill who was NOT a medical doctor and whose methods were NOT scientifically proven, at a cost to taxpayers of over $52,000 per foster child per year.
I already posted yesterday a blog about Kirkwood's appellate experience, which makes his claims that he took the job with the County because of his love of appellate practice a joke.
The rest of the five topics I outlined here require consideration in separate blogs, which I am going to do shortly.
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