"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, May 4, 2016

Use of force policy of the Delaware County Sheriff's Department, Part I - apparently, it exists

Each time I would ask the Delaware County (NY), through FOIL requests, for their written policies, they would deny me the request claiming that there are "no records answering my request", or, in other words, there are no such written policies.

The reason for denial was because "policies" can be used against the County in civil rights litigation.

Well, Delaware County IS embroiled now in civil rights litigation because of its alleged "Deputy Sheriff" Derek Bowie whose only credential for employment in Delaware County Sheriff's Department were:

  1. not his graduation from a police academy;
  2. not passing the civil service test;
  3. not being in the civil service registry; 
  4. not having a deputy sheriff's certification from the Criminal Justice Division, and certainly
  5. not being a resident of Delaware County (Derek Bowie was a resident of Broome County at the time of his employment as a Deputy Sheriff in Delaware County).
All FIVE requirements were foregone when Derek Bowie was hired, he did not even have to file an application for admission listing his credentials - he was simply INVITED to be employed as a Deputy Sheriff's in Delaware County, no credentials needed.

Derek Bowie's only "credential" that got him hired - illegally - as Delaware County Deputy Sheriff - was that Derek Bowie had blood ties to people who already work in Delaware County local government, such as Jeff Bowie, investigator for the Delaware County District Attorney, who similarly had no credentials and was hired outside of civil service registry, without passing a civil service test and continued to be employed with an expired deputy sheriff certification.

Well, the Delaware County can always claim, of course, that it had a right to hire dumb brutes as their Deputy Sheriff to prevent "turnover" - the U.S. Court of Appeals for the 2nd Circuit at least upheld the government's power to hire, specifically, dumb police officers and reject those who have IQ higher than the necessary low level to prevent that "turnover".

See that decision here.

The 2nd Circuit did not go as far as claiming that the government has a right to hire people who are not only dumb, but with a tendency to violence against women and animals.

Which Derek Bowie appears to be - based on this.

Here is the affidavit of one of Derek Bowie's alleged victims, his former girlfriend Kylie Smith who is suing him and Delaware County for hiring him and failure to supervise him despite his violent tendencies.

And here are portions from the affidavit:

Derek Bowie has a purple belt in karate - he testified about that at his deposition in this civil rights case.

He was much taller and heavier than Kylie Smith, also according to his own deposition.

According to Kylie Smith, Derek Bowie

(1) told her to leave - she started to, then
(2) asked her to stay and answer a question - she answered, then started to leave again,
(3) then stopped her from leaving,
(4) kneed her in the stomach - causing bruising,
(5) then grabbed her arms - causing bruising;
(6) slammed her body onto the hallway floor, causing her head to hit the stairs, causing bruising AND BONE FRACTURES confirmed by x-rays; then while Derek Bowie ALREADY BROKE Kylie Smith's ribs, he continued to SIT on those broken ribs - which could cause Kylie Smith's immediate DEATH if those ribs would pierce her lungs or her heart, not that Derek Bowie cared.  All he cared for is to sit on Kylie Smith, his former girlfriend, and to handcuff her with the help of his current girlfriend Jessica Valentino.

Delaware County submitted to the court a policy regarding use of force.

The policy was not followed - in either Kylie Smith case or Barbara O'Sullivan's case.

I will follow the policy step by step, what it required, and how it was not complied with, in further blogs.

In this blog I wanted to emphasize just what a dangerous game Delaware County is playing with YOUR money, dear taxpayers of Delaware County, by allowing non-credentialed dumb brutes like Derek Bowie to be on the loose.

Derek Bowie is gone from the Delaware County Sheriff's Department, but those who condoned and covered up his behavior are still there, as well as in the Delaware County DA's office.

They need to be ousted.

My next blog will be about confirmed perjury of Undersheriff Craig Dumond in Derek Bowie's case and why Craig Dumond is not prosecuted for perjury.

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