The time of the 2-year suspension should be up, shouldn't it?
No, don't be so fast.
First, the order of suspension does not included an automatic reinstatement.
Second, a month after I was suspended, New York quickly changed its rules on me and now requires me, to be reinstated, to retake the bar, ethical courses, ethical exam, in addition to the necessity to prove my rehabilitation from misconduct of not committing a crime and doing my duty by my clients - by clear and convincing evidence.
Why suspension, why not disbarment?
First, New York can still proceed to extort money from me, $375 every two years in licensing fees.
Second, New York wants to monitor where I live for as long as I live - by its "rules" for suspended attorneys.
Well, since I am not practicing law, and New York effectively took my license, I do not believe I owe New York - or the public - any "right" to know any of my addresses, mailing or home.
With that in mind, I went to my attorney registration information, online, and changed it - from what it was, to "none of your business".
I was patiently waiting for the system to change the previous information to the updated one.
It did not happen.
Today, New York attorney registration website still shows this:
Well, I am not proud, I can do it again.
And I did.
Here is the information on my side of the New York State Attorney Registration website after I put it in, but before I submitted it today:
And here it how it looks after I clicked the "Submit" button:
And here is the receipt that the State of New York generated for me for submission of that information:
The listing is "out of USA" because that was the only way allowing me, on the form, to erase all information.
Where I am in reality is - see above - none of the State of New York's business.
By the way, New York does not insist on following its own registration rules as to other attorneys.
I wrote on my blog, regularly, that various attorneys failed to update their registration information (see, for example, one of them), or
to post either their mailing, or their home address, as required by New York rules - and nothing is happening to them.
Several shining examples:
Shining example # 1. Bryan Hedges, taken off the bench in 2012, 5 years ago, for sexual abuse of his then-5 year old deaf-mute niece.
Note that no mailing or home address is listed.
Note that there is "no record of public discipline", even though Hedges was taken off the bench for sexual molestation of a minor.
Note that Hedges was not disbarred or suspended - not for his misconduct for which he was taken off the bench, not for failure to comply with registration rules.
By the way, compare attorney disciplinary history (or, rather, lack thereof), of
- Bryan Hedges - none; of
- Sol Wachtler, former New York Chief Justice, disbarred in 1993 for sex-related stalking and extortion where evidence of sexual misconduct against a child was submitted to the court (, but not charged with sex crimes (in federal or state courts), served time in federal prison, but reinstated in 2007 and teaches law at Touro School of Law who acknowledged to a journalist who wrote a book about him the following:
"“You expected me to give you everything I’ve collected and learned for $ 20,000?” he wrote. “Are you stupid or do you think I’m stupid? I may be a shitkicker but I’m not a dumb shitkicker.”
"It took me a year and over 1,000 miles in a rented car going between the Big Apple and New Jersey. I spent days in flea bag motels, and a hundred hours parked in New York City watching your comings and goings. I made over 100 phone calls to track you and make a record of your habits. I got into Val’s house on Rosewood Lane, and spent over three days parked in front of the Sutter house waiting for the two of you to be there alone during the day because you didn’t leave on enough lights at night when you were screwing. And then I had to rig up a remote camera in the house because I couldn’t take pictures from the outside because you kept the fucking blinds drawn. And I had to wait until you came back without the kids."
"I had to buy expensive recording equipment. And climb through backyards to tape you at your house (When I was at Rosewood a jogger questioned me— when I was in your backyard one of your gardeners spoke to me— I had to con my way out of both situations). I spent over ten days on Long Island living like a hobo. I think that’s what got my diabetes kicked up (I was out of commission for most of June and July. I guess you thought I was out of business.) I had to buy expensive bug transmitters and bribe my way into your boyfriend’s apartment. I was there twice (once the cleaning lady Maria caught me coming out but I conned her too). I got great audio. Your boyfriend has a good sense of humor but he also has a lot of gas. (You saw me once when you were waiting in the lobby, but you were too busy looking in the mirror). I went to your hotel twice (I couldn’t get into your room but one of your doormans [sic] brought me into your lobby and was going to let me talk to your young lady— as he called her). I left notes for you on both my visits and tipped your doormans [sic] pretty good. I told Ramon that I was going to be walking Jessica home from school afternoons when she got back and when he noticed I had no teeth and a big gut (water from the diabetes), I promised I’d have false teeth and would lose the gut so as not to embarrass her. Do you think I went through all of this for a shitty $ 20,000? I saw how and where you shopped. $ 20,000 is loose change to you. When I need more, I’ll be back, if I don’t croak. At least your $ 20,000 bought you some quiet. If I hadn’t got it, everyone you know and everyone your husband knows and every member of every board you belong to would have received wonderful material like this. And I would be going back on some future date with $ 200,000 or Jessica. You were smart to pay the $ 20,000."
Wolfe, Linda. Double Life: The Shattering Affair between Chief Judge Sol Wachtler and Socialite Joy Silverman (Kindle Locations 3390-3415). Open Road Media. Kindle Edition.
Wachtler, an attorney who was welcomed back to practice law and teach new lawyers, was involved in this behavior with a child - not only he threatened to kidnap a child, but he sent to his former girlfriend dirty postcards, like this:
"He would frighten Joy, he decided, Joy herself. He would make her think that Samson—or someone pretending to be Samson—was haunting her, sending her and her beloved Jessica dirty and scary messages through the mail. In mid-April, he began seeking out cards that would do the trick. Joy was at home when, one morning in late April, she opened her mail to find a belated birthday greeting. It was a card whose front panel bore a picture of a bear and the words “On your birthday, CUCUMBERS are better than men.” When she turned to the inside of the card, she saw a long commercially printed message, all in capital letters: THE AVERAGE CUCUMBER IS AT LEAST SIX INCHES LONG.—CUCUMBERS STAY HARD FOR A WEEK.—A CUCUMBER WON’T TELL YOU SIZE DOESN’T COUNT. —CUCUMBERS DON’T GET TOO EXCITED. —A CUCUMBER NEVER SUFFERS PERFORMANCE ANXIETY.—CUCUMBERS ARE EASY TO PICK UP.—YOU CAN EAT A CUCUMBER WHEN YOU FEEL LIKE. —A CUCUMBER DOESN’T CARE IF YOU’RE A VIRGIN.—A CUCUMBER WON’T ASK, AM I THE BEST? HOW WAS IT?—NO MATTER HOW OLD YOU ARE, YOU CAN ALWAYS GET A FRESH CUCUMBER.—A CUCUMBER WON’T POUT IF YOU HAVE A HEADACHE. —WITH A CUCUMBER YOU NEVER HAVE TO SAY YOU’RE SORRY.—A CUCUMBER WILL NEVER LEAVE YOU FOR ANOTHER WOMAN.—YOU ALWAYS KNOW WHERE YOUR CUCUMBER’S BEEN.—CUCUMBERS DON’T LEAVE YOU WONDERING FOR A MONTH.
Wolfe, Linda. Double Life: The Shattering Affair between Chief Judge Sol Wachtler and Socialite Joy Silverman (Kindle Locations 2697-2699). Open Road Media. Kindle Edition,
and sent to the child herself a condom and the following postcard:
"This one was addressed to “Ms. Jesse Silverman”—her daughter Jessica?—and showed a buxom woman reaching into her refrigerator for a soda can. Inside were the words: 1. A DIET COLA IS SATISFYING ALL THE TIME. 2. YOU CAN DUMP A DIET COLA WHEN YOU’VE HAD ENOUGH. 3. IT GENERALLY LASTS LONGER. 4. IT’S AVAILABLE IN A VARIETY OF SIZES. 5. YOU ONLY NEED ONE. 6. DIET COLA COMES IN A CAN, NOT IN YOUR MOUTH. 7. WHEN YOU SWALLOW A DIET COLA, YOU ONLY GET 1 CALORIE. 8. A DIET COLA DOESN’T DIRTY YOUR SHEETS OR DISHES. 9. A DIET COLA WILL SILENTLY AND PATIENTLY WAIT FOR YOU. 10. YOU CAN IGNORE A DIET COLA FOR DAYS AND IT WILL STILL BE THERE WHEN YOU WANT IT. 11. A DIET COLA RESPECTS YOU AS MUCH AT NIGHT AS IT DOES IN THE MORNING. 12. WHEN YOU SWALLOW A DIET COLA, IT DOESN’T LEAVE AN AFTERTASTE IN YOUR MOUTH. 13. PEOPLE DON’T TALK IF YOU’VE HAD 3 OR 4 OF THEM. 14. NO PRIVACY IS NEEDED TO ENJOY ONE. 15. EVEN IF YOU SPILL ONE IN BED, IT WON’T MAKE YOU SLEEP IN A WET SPOT. 16. YOU CAN HAVE A HEADACHE AND ENJOY IT.
Wolfe, Linda. Double Life: The Shattering Affair between Chief Judge Sol Wachtler and Socialite Joy Silverman (Kindle Locations 2734-2740). Open Road Media. Kindle Edition.
And, Wachtler stole identity of his former girlfriend's new boyfriend, an attorney, and he forged that attorney's signature, and he used his position as the Chief Judge to get private information on that attorney from - guess who - the chief judge of the very department that refuses now my request to erase my personal information and put instead "none of your business as my address".
So, the Third Department, while pretending that attorney's information is private, will release that information to any "not dumb shitkicker" (Wachtler's self-characterization), criminal stalker, maniac and pedophile if he has enough power.
And I have a funny feeling that the whole reason why I was suspended by the Shining Example # 2, Carl F. Becker, was sexual in nature - because Becker could not get me, while he was bitterly jealous that my husband, Becker's law school classmate, a man of the same age as Becker, married a woman 16 years younger and had a son with her. His pursuit of me was relentless and systematic.
While he never made open advances, he always picked on me, in every single appearance before him (and I appeared before him every day in different courts where he was presiding), and he once called me out of the courtroom into his chambers demanding an explanation why I need an adjournment of the next proceeding, and breathing close on me, told me that "I do not look as good as I could".
I do not want my information to be given to the creep if he asks - and I know that it will be given if he asks - same as in Sol Wachtler's case, they will be unable to "say no" to a former judge.
So - pedophile Bryan Hedges got away with it and is an attorney in good standing, pedophile Sol Wachtler got away with it and is an attorney in good standing.
See the policy a la "protect-pedophiles-bash-those-who-sue-pedophiles" of New York State Court Administration?
Shining example # 2. Carl F. Becker, a retired judge who ran off the bench amid a:
- likely investigation by the Commission for Judicial Conduct (see annual report of the NYS Commission for Judicial Conduct for the year 2016 indicating that in 2015, 18 judges resigned during the pendency of the Commission's investigation - and Becker claimed he retired not because of health, but to be closer to his daughter, but then moped around the Delaware County courthouse for months, parked in a judicial parking space, used judicial license plates in violation of state law and even illegally sworn in a new judge, wearing a judicial robe - while not being a judge any more and not having any authority to swear in a New Judge); and
- investigation by New York State Comptroller and by the FBI of the Delaware County, which he represented for 27 years before coming to the bench, and with whose officials he was joined at the hip while working as a judge; Becker's flee "coincided" with a flee of several Delaware County officials before and after him - see my blog about one of the latest such flees, of the Delaware County Sheriff, and compare the retirement party in the courthouse of Delaware County (and court) Clerk Sharon O'Dell (during a felony police investigation against her by the now-retired Thomas Mills), with a recent retirement party of Delaware County pistol clerk Marilyn Olsen, reportedly at the Delhi Legion Field, outside of the courthouse. New York Commission for Judicial Conduct refused to sanction judges Richard Northrup and Gary Rosa for throwing a party in the courthouse for a court employee with felony charges triable in their courts, but took notice of the complaint and started to hold retirement parties outside of the courthouse. Praise the Lord for small gifts.
Note that Becker has a zero history of public discipline - which, of course, does not mean much in New York, where a child molester kept his license and also remains an "attorney in good standing" with no disciplinary history.
Looking at the "no record of public discipline" of these two and comparing it to mine, I feel honored.
At least, I am not a corrupt jerk and not a child molester - as my presence of public discipline demonstrates.
And, the shining example # 3. Cesar Adrian Vargas, an illegal alien who was allowed by a New York court to be given a law license in New York in 2015, and who was actually given a law license in 2016.
Being in the country illegally and getting public benefits - medicine, public education at the high school, college and law school level - is not a character and fitness flaw that would prevent issuing of a law license in New York.
And, rules requiring attorneys to post either their mailing (business) address or home address are also not applicable to this individual (who was a DACA at the time the license was issued, but who knows what his status is today).
But wait - Vargas was admitted in February of 2016.
You know why?
Because "resident attorneys" can be served on their home address.
Yet, New York does not practice what it preached to the federal court to obtain that discriminatory decision, and does not require any of "resident" New York attorneys to publicly post their home addresses for purposes of service - which made claims that attorneys may be served on home addresses, as a basis for discrimination against out of state attorneys licensed in New York meaningless - and fraudulent.
Instead, New York protects criminals or those who violate federal immigration law and targets with lifelong supervision - and danger of exposure of their private information to pedophiles-in-power like Wachtler - critics of rampant judicial misconduct in the state.
For the above reasons, State of New York, I insist.
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