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, June 9, 2016
The $368,332 "Moon Boon" of Delaware County DSS to Delaware County prosecutors - 4 times fatter than the $91,457 "Muehl Boon" to Otsego County prosecutors
Guess what, the present Delaware County (NY) Judge Richard Northrup - Delaware County District Attorney in 2014 - had a 4-times sweeter deal with the then Delaware County DSS Commissioner (now former) William Moon.
The contract of Delaware County DSS with the Delaware County District Attorney, signed in 2014 by William Moon and Richard Northrup, is for over $368,000, for the same purpose - to pay for investigators to investigate and prosecute social services fraud.
The interesting thing is that Otsego County has a population of 60,636 (in 2015) with a population density of 61 people per square mile (a reduction of population of 2.6% since 2010).
"The median income for a household in the county was $33,444, and the median income for a family was $41,110. Males had a median income of $29,988 versus $22,609 for females. The per capita income for the county was $16,806."
Delaware County has a population of 46,722 (in 2013) - actually, the population has dwindled since then, as evidence by the fact that a maternity hospital announced this year it is closing, and the community pool in Delhi, NY, the County seat, is not going forward.
The population density is 33 people per square mile.
"The median income for a household in the county was $32,461, and the median income for a family was $39,695. Males had a median income of $27,732 versus $22,262 for females. The per capita income for the county was $17,357."
Average per capita income in both counties is about the same - around $17,000 a year.
$17,000 is around 150% of the Federal Poverty Guidelines.
Since the majority of populations in the two counties are poor, that entitles residents in both counties to a number of subsidies from the government, see the schedule here.
Of course, there is a possibility that people apply where they are not eligible - but, since population in both Counties is also not quiet advanced in education, it is for those reviewing the application to reject and explain that to people, not to prosecute the admittedly poor population for being poor - but not eligible for help.
Yet, the approach in both counties is that public money needs to be poured into paying extra to the District Attorney's office for prosecutions on behalf of DSS, practically hiring the elected county official to provide his investigators to work for pay for certain class of cases - to recover federal money, by the way.
And, Otsego County DA got paid 4 times less than the Delaware County DA by the respective Social Services Departments.
Over $91,000 paid to Otsego County DA Muehl, out of the pockets of the poor-on-the-average Otsego County taxpayers - to prosecute the poor more vigorously. And to take resources away from prosecuting rampant corruption in Otsego County government.
In Delaware County, with less population and less population density, but the same levels of eligibility to government subsidies as in Otsego County, the levels of fraud in the use of government subsidies must be statistically lower.
If population in Delaware County is 30% lower than in Otsego County, then the numbers of fraud should be statistically lower by about the same levels.
So, the contract to bribe the District Attorney's office into dedicating its limited personnel to prosecute the poor and not other crimes in the county should be 30% less - around $60,000.
The contract to bribe Dick (oops, Judge) Northrup into prosecuting the poor - and not the rampant corruption in the Delaware County and its Department of Social Services - was $368,332, according to release of records I obtained from Delaware County on a FOIL request last week.
That is 4 times higher than the bribe of Otsego County DSS to Otsego County DA, and 6 times higher than what than what that amount would have been if compared with Otsego County contract and pro-rated by comparative population levels.
Now you have the answer why Dick (Judge) Northrup did not prosecute corruption in Delaware County government.
Now you have the answer why members of Delaware County government wanted Dick Northrup on the bench so badly - and put him there.
Now you have the answer why Dick Northrup chose not to prosecute his investigator Jeff Bowie's nephew Derek Bowie for two assaults and one attempted murder.
Jeff Bowie was a cash cow.
The contract was not a flat-rate contract, but "services-based". So, Dick Northrup had to earn his keep.
And, by the way, the contract for $368,332 for "services" of DA's investigator to work for DSS was signed after the press raised in 2013 the issue why DSS investigators were employed in the DA's office in the first place.
So, instead of laying off DSS investigators working out of the DA's office, DA Northrup signed a contract with DSS to provide paid investigations to the DSS.
Of course, when you are providing paid services to somebody, you have an incentive to overlook any transgressions - such as: crimes - in those who pay you.
One doesn't bite the hand that feeds one, right?
So, Northrup provide paid services to DSS, to the tune of $368,332 of taxpayers' money - and that's only in 2014.
And, when I called the DA's office in 2014 asking to prosecute then-judge Carl Becker (friend of Bill Moon) and the Republican Election Board Chairman Bill Campbell for forgery of public records and fraud, it is now more clear why such a request was rejected.
One doesn't bite the hand that feeds one.
Of course, the DA's office investigators must investigate all reported crimes - and not because somebody pays them extra to investigate some reported crime and not to investigate others.
But, that's not how it happens in Delaware - and Otsego - Counties.
And, Northrup got his reward for his corruption - a judgeship, with his salary immediately perked up, several months into his election.
When you are told that Dick Northrup is not an "Honorable", don't believe it.
It's a job title, nothing else.
Nothing can make a corrupt public official honorable.
But, the question is - will the Delaware County Judge Northrup and the Delaware County former DSS Commissioner Moon be investigated and prosecuted for corruption for this contract?
I doubt that.
After all, John Hubbard is the one who refused to prosecute Carl Becker - without disclosing that Carl Becker was his law partner, and John Hubbard and Dick Northrup did not disclose that fact for 13 years that Becker was on the bench, while appearing in front of him and obtaining thousands of criminal convictions - where all of defendants can now claim convictions were improper and seek their reversals, simply because John Hubbard's involvement with Carl Becker was not disclosed, and that will come at a price to Delaware County taxpayers.
But - corruption pays in Delaware County and in the State of New York.
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