"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.

Wednesday, June 6, 2018

New York Attorney General as a "cop on the beat"- a cop protecting the criminal and bashing the victim

Nothing reveals certain problems better than statements in election campaigns.

For example, after the disgraceful departure from the position of the New York State Attorney General of the holier-than-thou Eric Schneiderman, there is a new rising star on the horizon, a U.S. Representative Sean Patrick Maloney trying to get into the NYS AG seat.  

Along with announcing that he will seek a Democratic nomination to run for NYS AG, Maloney reportedly claimed the following:

First, Maloney does not even try to hide that the job he is seeking is the "best job" in New York "politics" - so, he is seeking it not for the people, but for his own career, likely to catapult himself later on to higher offices, like a federal judge, a U.S. Attorney, a NYS Governor (the usual path) and then the U.S. President.  Born in 1966, he still has time for that.

As to "doing so much good", I have been writing forever about the many hats that the NYS AG is wearing, which has nothing to do with "doing good".

For example, I wrote about the claims of NYS AG Schneiderman about himself as defender of civil rights.

With statistics showing that Eric Schneiderman is actually representing civil rights VIOLATORS, defending them against their victims - to the point of asking courts to punish victims of civil rights violations for bringing such lawsuits.

Here is my blog article further analyzing statistics of how exactly a NYS AG was "doing good" in quashing civil rights lawsuits, predominantly of the poor and underprivileged New Yorkers whose civil rights were violated by the powerful.

Yet, in the election campaign all New York Attorney General candidates NEVER even mention their role of quashing civil rights and defending civil rights violators.

I wonder, how so?

They know "the law" under which NYS AGs are representing public officials sued for civil rights violations by victims of such violations, right?

They know they are going to be doing it as soon as they are elected, right?



Because that's the truth, that's what NYS AGs are doing.

To tell people the truth in an election campaign is an intolerable concept in "New York politics"?

By the way, civil rights violations are federal crimes, 18 U.S.C. 242.

So, a NYS AG, in representing public officials sued for civil rights violations, is defending potential criminals - the ones he must prosecute.

But, that conflict of interest never occurred to the New York Legislature to change.

Possibly, because NYS AG represents - instead of investigating and prosecuting for civil rights violations - them, too.

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