The anniversary was - 2 years of the most extraordinary punishment in all of the history of the United States meted out to a person in general, and an attorney in particular.
The punishment was for NOT committing a crime.
For not committing a crime of unauthorized practice of law in September of 2008, and then in December of 2008, I was stripped of my law license and livelihood.
The very first - and most serious (alleged client neglect) charge in my petition, see my blog of more than 3 years ago - charged me for:
- not coming to a court-ordered deposition on behalf of two clients - (while omitting that the deposition that was held in September of 2008); and for
- not opposing a motion for default judgment in the same case (while omitting that the motion was made in December of 2008).
- New York Appellate Division 3rd Judicial Department;
- New York Appellate Division 4th Judicial Department;
- U.S. District Court for the Northern District of New York;
- U.S. Court of Appeals for the 2nd Circuit;
- New York State Court of Appeals;
- U.S. Supreme Court
Moreover, the New York State Appellate Division 4th Judicial Department found an aggravating circumstance in that I refused to admit misconduct and express remorse.
"In determining an appropriate sanction, we have considered that respondent has failed to acknowledge or express remorse for the misconduct."
Note that the decision on liability and on discipline was made on the same date.
Which means, procedurally, that I had to "acknowledge or express remorse" for what the court did not deem misconduct at that time yet.
If you read the decision on suspension, you will not find that Charge I Specification I - charging me with attorney misconduct for NOT committing two crimes - was not dismissed.
Which means that when the illiterate court granted to a summary judgment (a judgment stripping me of my right to a hearing) to illiterate disciplinary prosecutor Mary Gasparini - it did so on Charge I Specification I, too.
Let's reread what the court said - why it considered it necessary to take my law license for 2 years (meaning forever - because the court did it without automatic reinstatement, so, 2 years have passed, but the license was not returned):
""In determining an appropriate sanction, we have considered that respondent has failed to acknowledge or express remorse for the misconduct."
Charge I Specification I charged me for NOT committing a crime on two occasions.
I did not acknowledge misconduct for not committing a crime, and did not express remorse.
For that, I was stripped of my license.
The court, of course, threw in a couple of modest phrases about my supposedly "frivolous conduct", but did not want to actually disclose what that frivolous conduct was actually
making on behalf of my clients, in one case pro bono, motions to recuse the same biased and corrupt judge (who since ran from the bench during an investigation of himself and/or the County which he represented for 27 years and with which he was joined at the hip when he came to the bench by):
- State Commission for Judicial Conduct;
- State Comptroller;
- the FBI.
- punished me for not committing a crime, but also
- aggravated the punishment based on secret consideration of "pattern of abuse of legal process", while not caring to disclose to me what that pattern was - and acting as an advocate on behalf of the prosecution that never introduced any aggravating evidence of "abuse of legal process".
New Yorkers, do you feel adequately protected from a criminal defense, Family Court and civil rights attorney who failed to acknowledge misconduct or express remorse for not committing a crime, and for doing her duty for her clients, securing for them, for free, their right to impartial judicial review?