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.
Wednesday, January 6, 2016
So why Richard Northrup, as Delaware County DA, did not prosecute Porter Kirkwood for aiding and abetting unauthorized practice of law?
Richard Northrup, Delaware County (NY) District Attorney until January 1, 2016, has been sworn as a judge of Delaware County and Family Court.
He ran his campaign together with his "twin brother" Porter Kirkwood, Delaware County Attorney who was, same as Northrup, supported by the now-retired corrupt judge Carl F. Becker.
Here is Northrup-Kirkwood election campaign flyer.
Yet, as of May 2015, reports were available from New York State Comptroller's office that Porter Kirkwood was engaged in aiding and abetting unauthorized practice of law, on a large scale.
Because Kirkwood, according to reports provided to me in answer to my FOIL request by NYS Comptroller's office only "reviewed" "some", but not all contracts, made by non-lawyers in Delaware County government.
That is, instead of DRAFTING those contracts for Delaware County, as the County Attorney, Kirkwood only "reviewed" and then approved of contracts drafted by non-lawyers, which constituted unauthorized practice of law, a crime.
By approving the practice of non-lawyers drafting contracts for the County instead of the County Attorney, Kirkwood aided and abetted unauthorized practice of law, a misdemeanor, and each contract of Delaware County not drafted by an attorney is one more count of aiding and abetting UPL by Kirkwood.
Yet, since Kirkwood was supported by his friend, the County judge Carl Becker, and by his friend and co-runner in judicial election campaign Richard Northrup, it was not profitable for Northrup to prosecute Kirkwood for these crimes.
I wonder if now the new Delaware County attorney will prosecute Delaware county officials and employees - including Kirkwood - for UPL and aiding and abetting UPL.