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.
Thursday, March 17, 2016
A fundraiser to buy more asses is needed in Delaware County, New York
While the population of Delaware County, New York is dwindling, so that downtown Delhi, the County seat, has reportedly turned into a ghost town, we have the following interesting developments defying reason in that same ghost county.
The population is dwindling - but an extra judicial position is created to handle the "growing case load". Of course, the position was created at the request of Carl Becker and his friends, to have two Becker-like judges on the bench to handle all of Becker's friends' business. Becker wanted two of his buddies to replace him on the bench - Kirkwood and Northrup, only one got in, but the "outsider" Gary Rosa has quickly started to blend with the environment and act just like good old Carl Becker did.
So, we do have two Carl Becker's on the bench in Delaware County - handling the "increasing caseload" while population declines, people leave the county in droves, the local college increasingly switches to online-only courses, thus student population drops, too, and no tourist or business traffic comes in. A court monitor, if such a person comes, will find clerks in the Delhi courthouse drowsy half the time rather than doing anything essential.
The population is dwindling - but an extra Assistant District Attorney is hired to handle the "growing case load", of course, the extra ADA is paid out of fines, which is completely illegal - but apparently, the job as an ADA is better for Sean Becker than his previous job as an associate of Brett Cowen, the Facebook friend of Judge Dowd's law clerk Claudette Newman (who is also married to the timid attorney Sarah Cowen).
So, I guess, things are not going that well for the greatly advertised "Cowen law firm", and Sean Becker switched to become an ADA at the right time, even if it meant engaging in a conflicted prosecution of Alecia Bracci, after Sean Becker, as part of Brett Cowen's law firm, was the attorney for Alecia Bracci's child in the Family Court proceedings - and did not disclose the conflict to the presiding judge Gumo.
Delaware County also proudly announced recently that it now has horseback police for "crowd control". The only crowds Delaware County has is the growing deer and bear population.
There are two "events" in Delaware County where people gather into anything remotely looking like a crowd - those events are:
1) the Walton County Fair in August for 7 days
2) "Fair on the Square" in Delhi, NY 4 (four) days a years in July.
In Fair-on-the-Square horseback police is not needed because the square is tiny and the horses will not fit.
In Walton County Fair, there are no crowds needed to be controlled on horseback, and to have horseback police to "control crowds" for the total of 11 days a year is ridiculous.
Maybe, not ridiculous enough, of course, if you consider that Craig Dumond, Delaware County Undersheriff, "trains" and boards the "police horses" on his own horse farm, giving business to himself and his wife. After all, Delaware County does not hold public bidding on such training and boarding contracts - as is its nice little tradition.
After horses, come dogs.
Meet "Ozzie", a German shepard entrusted into the handling of a police officer with a history of violence, John Demeo.
I know as an attorney that John Demeo tasered a woman in front of her hysterical three small children, and one taser shot actually reached a child - and that was on a winter night, after John Demeo barged into the woman's home at 3 o'clock in the morning for no legitimate reason whatsoever.
After that, John Demeo was removed from Walton police force, but then resurfaced as the Ozzie-handler.
I heard reports from some clients of additional - grievous - misconduct of John Demeo, but all of that is covered up by Civil Rights Law 50-a blocking disclosure of police misconduct to impair cross-examination of police officers in criminal proceedings (an intended statutory 6th Amendment violation).
John Demeo was part of illegal raid on Barbara O'Sullivan's property in September of 2014 which occurred, as we now know, without a valid arrest warrant, so John Demeo had no right to be on her property, but John Demeo was not investigated or disciplined for misconduct in Barbara's case.
I had dogs, and large dogs, my entire life, in both Russia and here in the U.S., and, as any large-dog owner and handler can tell you, a mentally unstable handler should not handle a dog as serious as a German shepard, it will result in a mentally unstable dog prone to unnecessary violence.
I had the displeasure of cross-examining John Demeo in an administrative proceeding, and John Demeo's reactions showed that only the presence of the judge prevented him from bursting out and going at me physically, so pissed-off he was at my questions.
There is no question in my mind that John Demeo is a violent man and should be as far away from police force, and from a German shepard, as possible.
Relegating Demeo to handle dogs rather than people, while allowing him to remain on police force armed with taser, baton, gun and authority of a police officer, does not diffuse the situation, and John Demeo is a huge liability for Delaware County taxpayers waiting to happen. The Delaware County taxpayers should be happy that Demeo's previous victims who reported his misconduct to me, did not sue.
In the future, Demeo, and Delaware County employing him, might not be so lucky.
Instead, John Demeo is "honored" as Ozzie's handler.
Look at those who are "honoring" Demeo.
It is the same Craig DuMond, the "police horse trainer and boarder", on the left.
And, it is investigator Karl Vagts, whose girlfriend is reportedly sister to Lt Stanton who invented a rule that only my files, as the then-attorney of Barbara O'Sullivan must be searched as a condition of visiting Barbara O'Sullivan, my then client, in the Delaware County jail.
After Demeo was "honored" in 2014, there is a report that recently, a fund-raiser was held "for Ozzie" that reportedly garnered nearly $30,000.
And, the Delaware County Sheriff's Department reportedly is planning to buy yet another Ozzie - and, very possibly, give that Ozzie-2 to handle to another nut like John Demeo.
Here is the nut John Demeo - portrayed while hugging a child. Such a nice man.
There are no pictures posted of John Demeo tasering a helpless woman in her night clothes in the middle of the night in the presence of her scared-to-death children - and tasering a child in the process. Not newsworthy, was it?
What next in Delaware County?
We have an extra - unnecessary - judge to handle "growing caseloads" while population dwindles.
We have a self-serving undersheriff Craig Dumond training and boarding (without public-bidding contract) "police horses" for "horseback police" for crowd control in the county where there are more bears than people.
We have a violent nut John Demeo handling a German shepard who just got money to get yet another German shepard and what - turn it into a killing machine, like Ozzie-1 very likely is, judging by who his handler is?
So, we have the local police who has hooves instead of brains, teeth instead of brains, tasers and guns instead of brains - and no integrity or conscience whatsoever.
Why don't we, ladies and gentlemen, taxpayers of Delaware County, come together and just buy some asses because we have enough dogs and horses, but obviously not enough of asses in Delaware County?
Since Delaware County gradually replaces people with animals in its "public service", animals both two-legged and four-legged, we will be quite in the trend with that fund-raiser.
I am sure asses, nice, fuzzy and hard-working animals (let's make sure we are buying only hard-working asses, we have enough of lazy ones), will be better public servants for Delaware County than what we have.