"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.

Monday, October 31, 2016

Carl Becker - the immortal judge. Happy Halloween!

Do you think, anybody can live over 200 years?

You bet.

The name of that phenomenon is Carl F. Becker.

Delaware County Judge Carl F. Becker "retired" in July of 2015, before the end of his term and long before mandatory retirement by age, losing, despite his well-known greed, half of his 2015 salary for the remaining 3.5 years until his retirement, and the hope of getting the increased salary at the beginning of 2016, and the increased pension, plus to his current court + social services pension of $114,387, plus after-retirement perks

(compare with the current salary of a Family Court judge Frank B Revoir)

The Becker "retired" and was not booted was incredible, since Becker grabbed his judicial position after a bitter election using fraud upon voters which he won (allegedly won, I won't put anything past Delaware County Board of Elections that already put in a false certificate of elections for Becker in 2011 for his alleged election in 2002) by a margin of 190 votes where he aggrandized himself in front of voters as a Boeing 747 while demeaning his opponent by calling him "a single engine prop plane".

It was all the more incredible that Becker would give up his judgeship voluntarily because, despite his retirement because he allegedly wanted to "spend more time with his granddaughter" who lived on the other coast of the U.S. in Seattle, WA and was reportedly about to leave to Australia, Becker continued to hover around Delaware County courthouse for a while - illegally keeping "judicial" plate numbers on his car, parking in a parking spot reserved for judges, and even fraudulently swearing in a new judge, Northrup - while having no authority to do that after retirement.

is, according to the website of New York State Office of Court Administration, still scheduled to hear court cases:

  1. on Friday, August 27, 2021;
  2. on Thursday, March 13, 2031; and
  3. on Tuesday, September 01, 2201 - figure that one out - when all of people currently living on Earth will be dead, he will still be hearing cases

It appears, that Becker is not only un-retirable, but also immortal - the New York State Court Administration pledges, and we absolutely must believe it, that Becker will never die.

Even though the Boeing 747 has crushed and gave way to the "single engine prop plane", Judge Gary Rosa who is presiding over Delaware County Family Court instead of Becker now - contrary to Becker's hopes to put his puppet Porter Kirkwood there - he is still looming large in the court's scheduling.

How much money do taxpayers have to give NYS Court Administration to simply remove all scheduling of judges who are no longer judges, not to confuse and mislead the public?

But anyway, we are supposed to be happy and give out candy today.

Because - guess what - in the Halloween of 2201, a hundred eighty five years from now, how many of us can collectively haunt the still-alive Carl Becker!!!

That will be a happy haunting.

Happy Halloween!

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