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.

Monday, February 6, 2017

#PorterKirkwood who ran from the position of Delaware County Attorney, surfaced in the Administrative Office of the 6th Judicial District in Binghamton


I wrote recently about the former Delaware County Attorney Porter Kirkwood's failure to timely update his attorney registration - the Porter Kirkwood who resigned, as part of several other resignations of high-ranking Delaware County officials during, reportedly, an FBI investigation as to the interesting activities of the County's Department of Social Services and its former chief William Moon (under the "legal guidance" of Porter Kirkwood, who boasted in 2015 of saving the county money by allowing illegal experimentation on children to be done within the County, and not farmed out to "outside facilities")



On January 27, 2017 Kirkwood was still listed as employed with the County.


Today, the New York attorney registration website shows that Kirkwood is now employed with the Judicial Administrative Office of the 6th Judicial District.


Kirkwood will now be helping the Chief Administrative Judge Molly Fitzgerald





to fix court cases from up above by assigning the "right" judges to the "right" cases.  Judge Fitzgerald has a history of deciding cases based on either her emotions, or the "political winds".  Now the meter of that political wind will be an even more corrupt public official, Kirkwood.  Good choice, the 6th Judicial District.

When one corrupt source of income dried up and the smell of a federal prison became closer, Kirkwood found another source of power and income to feed his corrupt habits.

And, it is reasonable to expect now that Kirkwood, after his failed run for the seat of the Delaware County Family Court Judge, will get some back up from the Chief Administrative Judge of the 6th Judicial District to run for the Supreme Court of New York State, and then advance to the appellate bench.

After all, this is the usual path to the bench in the State of New York - brownnosing authorities, corruption, more corruption and more brownnosing.

Just be aware who is assigning judges to your cases now in all courts in the 6th Judicial District.

Yet, I hope that running under the wing of a high-ranking judge will not protect Kirkwood from a federal investigation.

As I said before, I will make sure appropriate authorities are aware of Kirkwood's little activities.

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