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.
Tuesday, June 21, 2016
Why the National District Attorneys Association chooses the most unethical prosecutors as their Presidents - Part I, #DAWilliamFitzpatrick The Extortioner
That is the District Attorney who is the law school buddy and roommate of the corrupt judge James Tormey who remains the Chief Administrative Judge of the 5th Admnistrative District despite being sued by several female plaintiffs for sexism, retaliation and using his judicial office for political espionage.
The last time Judge Tormey sued, he was sued together with his buddy DA Fitzpatrick, because of their collusive efforts to demote and strip of livelihood a Spanish female court interpreter who Fitzpatrick tried to prosecute for a felony, but who was acquitted by a jury.
The lawsuit - unfortunately - was dismissed on 'absolute immunity" grounds.
The previous lawsuit was brought against Tormey by a female court attorney who Tormey harassed, demoted and persecuted after she refused to spy on a judge who ran for re-election on a Democratic ticket (Tormey is a Republican).
That lawsuit was litigated for 4.5 years and was settled on the eve of trial for $600,000 out of taxpayers pockets.
The judge who leaked to the plaintiff Bobette Morin that Tormey and his cronies are out to get her was Onondaga Family Court judge Bryan Hedges.
After the settlement of the lawsuit against Tormey, William Fitzpatrick, Tormey's law school buddy, according to the records on file with the New York State Commission for Judicial Conduct, started to blackmail Judge Hedges and extort from him money on behalf of himself and the alleged victim of Judge Hedges of nearly 40 years back.
Fitzpatrick knew that in New York there is a statute of limitations for sex crimes, in criminal and civil court, and that claims of the alleged victim were time-barred.
Nevertheless, Fitzpatrick pursued extortion against Judge Hedges, according to e-mails of the alleged victim referenced by Judge Hedges attorney in the disciplinary proceedings before the New York State Commission for Judicial Conduct.
According to the alleged victim, DA William Fitzpatrick wanted a portion of the extorted money,
see my blog about the corrupt relationship between DA Fitzpatrick and Judge Tormey here, see arguments of Judge Hedges to the New York State Commission for Judicial Conduct here, page 9.
When Judge Hedges did not cave into that extortion, DA Fitzpatrick turned him into the NYS Commission for Judicial Conduct.
Judge Hedges was taken off the bench.
DA Fitzpatrick was never prosecuted for extortion.
Instead, he was appointed to the New York State Commission for Public Ethics (the now-disbanded "Moreland Commission"), and is currently listed as the President of the National District Attorneys' Association.
Look at how the extorting DA Fitzpatrick talks about morals and ethics. It is truly sickening.
Apparently, NDAA is happy to acknowledge that William Fitzpatrick is representing the FACE of ALL of prosecutors in the United States.
Look at the face of the "hero".
A very self-righteous guy, isn't he?
And extremely ethical.
As to my separate blog about yet another unethical pick-for-President (a recent one) by the National District Attorneys' Association - stay tuned.