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, April 10, 2016
The rabid K-9 of Delaware County, New York - #TheOzzieSaga
The problem is good-looking, has four paws and is called Ozzie.
Or "Officer Ozzi" - according to the website of the Delaware County Sheriff's Department.
Because "Officer Ozzie" was allegedly purchased "from funds contributed by the good citizen of Delaware County" and because his "basic needs are totally sponsored" also by the "good citizens of Delaware County", and not out of the County budget, I especially want to see title records of "Officer Ozzie" - when Delaware County answers my FOIL request.
And, for the same reason I will hold off on the "officer" part until Delaware County provides me copies of the title records of Ozzi - because if Ozzi is privately owned, he cannot be an "officer" of Delaware County Sheriff's Department.
Now, why do I call the handsome Ozzie a healthcare nightmare for Delaware County and its CCCs (myself included) waiting to happen?
Here is why.
The description of "Officer" Ozzie on the website of the Delaware County Sheriff's Department shows that "Officer Ozzie" is - allegedly - a fully trained "dual purpose" German Shepherd.
A bite from a German Shepherd, according to the National Geographic, equals 238 pounds of force, just 3 times less than a bite of a lion, weaker than a Rottweiler's and stronger than a pit bull's.
You know what kind of dogs were used by the Nazis in concentration camps - to rip people apart?
A German Shepherd is a dangerous and powerful dog.
THAT'S WHY it is used for patrol.
It can easily overpower a human and effect an arrest.
Look, for example, at this video of an attack by two German Shepherds on a human (I understand, in a training session) - I warn you that the video is graphic.
Here is also an excerpt from an old Russian movie - I apologize, there are no English subtitles, but it is self-explanatory and shows a German Shepherd in its full attacking glory - just rewind the clip to about 3:00 (the episode describes how a plain-clothes specialized K-9 police officer comes to get an abandoned German Shepherd out of a train car).
Such a dog can kill, and it certainly can bite.
The use of such a dog is no different than the use of a gun - the dog's force can be deadly.
But, the "deadly" part can also come from a single non-fatal bite - if the dog has a transmittable disease because it is not protected by shots.
Not only Ozzie is around his handler John Demeo all the time - which is more dangerous than to be exposed to a rabid raccoon, in view of Demeo's violent tendencies that gets him shifted from department to department and from handling people to handling dogs, but does not get him canned - but in Delaware County where Ozzie lives and works there are also 4-legged wild animals all around, and rabid ones, too - foxes, skunks, raccoons.
And, there are no records that Ozzie has his proper shots.
Here is an answer to my friend Barbara O'Sullivan's Freedom of Information Request to Delaware County about the vet records of the alleged officer Ozzie.
No records means no records.
And that's a big problem.
Because each dog in Delhi, NY needs to receive shots, and ESPECIALLY when such dogs is used by the County for drug arrests - and is flaunted to the public AND the children in various gatherings.
It is good if this dog helps apprehend suspects - if the use of the og is legal and if the arrest is legal.
Yet, if the dog has rabies because he did not get shots - and the dog develop rabies itself, think what will happen, unexpectedly, to people and animals around that dog, and that includes children.
On March 4, 2016, Delaware County publicly invited children, including children under 10 years old, to a fundraiser held in Walton, NY for Ozzie.
Ozzie himself was there at the fundraiser, exposed to children.
Yet, on April 8, 2016, Delaware County answers a FOIL request regarding Ozzie's vet records and says that there are no such records.
Meaning, Ozzie has no shots.
I lived in Delhi, NY for 16+ years, until last year.
At all times when I lived in Delhi, NY we had dogs, both larger and smaller than Ozzie.
2 border collies - smaller;
1 Pomeranian - smaller; and
1 Old English sheepdog - much bigger
ALL of those dogs had to have regular shots.
EACH year the vet would send us a card notifying us that it is time to renew our dogs' shots.
EACH time when our dog would get his or her shots, we had a receipt from the vet confirming that our dogs are current on shots.
The mysterious answer of Delaware County to Barbara O'Sullivan's FOIL request may mean that:
1) Ozzie does not have shots; or
2) the Delaware County chose not to get confirmation of his shots from the vet - which is bad; or
3) that Ozzie does not belong to Delaware County, and that's why Delaware County does not have records of his shots.
So - when you see "Officer Ozzie", take cover.
He may be rabid.
Because, Delaware County has no records of his shots - and it is too much of a gamble with your life to assume that he has shots, in case he decides to go after you.