"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.

Saturday, February 9, 2019

#TheCrimeOfBeingNamedMelania. How to steal a lucrative business from an immigrant with the help of a New York court. A tutorial. Part I.

The City of Oneonta's attorney David Merzig appears to not be aware of attorney disciplinary rules prohibiting pre-trial publicity in a court case that may prejudice that court case.

In fact, I am sure he is aware of that rule, but he is simply spitting on it from the roofs of the City of Oneonta.

Because he knows he will never be disciplined no matter what he does.

Like, for example, helping somebody high up to

1. escape liability for certain actions, and to
2. grab a lucrative piece of commercial real estate for peanuts, having conveniently devalued that piece of real estate with the help of the local corrupt court system.

But, as it often happens with corrupt people high up in power - they lose the grip on reality as to what they can and what they cannot say out loud.  They say things that show their corruption in the full and think that nobody will see it and will not be able to put the mosaic together.

Yet, all you have to do is to pick up the details and connect the dots - they are all there.

Which is what I am going to do with a series of articles dedicated with David Merzig's raid upon the Oneonta Hotel at 195 Main Street, and its owners, immigrants Melania and Nicolae Pervu.

David Merzig is leading a relentless publicity campaign against the Pervus - which the Pervus' now-former attorneys refused to seek sanctions for in court despite the obvious prejudice created by it in people's minds, look what a reader "Dave" said in his comment regarding one of David Merzig's publicity stunts that the city inspector was supposedly threatened by Nicolae Pervu in his attempt for inspection:

For "Dave", and, I am sure, for many other readers of publications put in local newspapers by Merzig, everything is clear - there is already 

"only ONE side … the FACTS.  In this case, the facts clearly show this building has not been properly and safely maintained by the current and possibly the previous, owners".

But, that was Merzig's goal all along, wasn't it?

To create in people's mind that there was only ONE side of the story - his client's and employer's, attorney disciplinary rules, ethics and fairness be damned.

Yet, if the so-called "facts" are so important for attorney Merzig, I wonder why he prefers to "try" them in newspapers and fights tooth and claw not to have specifics in his petition, the initial document that started the lawsuit Merzig is writing about in newspapers - and why Merzig thwarted evidentiary hearings in the case, not once, not twice, but three times in a row.

By the way, do not try to complain about David Merzig to the attorney disciplinary committee of the 3rd Department.

Because David Merzig obviously has support of somebody very high-up in the government - as the series of articles shows, the interests of the formerly presiding judge in this case, the Chief Administrative Judge Michael V. Coccoma and his wife, the Otsego County Attorney Ellen Coccoma, is involved in the situation, as well as the financial well-being of the presiding judge John F. Lambert, as a minimum.

And, there is an office of Senator Seward in the City of Oneonta - did you know that?

Rented, for decades, to the good old Senator by the attorney and son of a late judge Richard Harlem - who, as a result, can sue on behalf of non-existing clients, for non-existing causes of actions, and have his personal attorneys sit on disciplinary committees thwarting complaints about himself and destroying the complainants instead.

With the help of Ellen Coccoma, wife of the Chief Administrative Judge.

Now Ellen Coccoma is gone from the attorney disciplinary Committee, but, guess what, Senator Seward former legislative counsel, Judge Robert Mulvey is in, as a judge of that court.

So, complain away about attorney Merzig - and  court attorney Mark Oursler.  

Why about Mark Oursler?

Courtesy of Oneonta City Attorney David Merzig, who, being what he is - brains are not needed to push through corrupt deals on behalf of his powerful client -  has let people see a glimpse of what kind of wheeling and dealing is going on between him and the court by releasing this wonderful piece:

If you did not get the first time that the City of Oneonta has the presiding judge, and his law clerk Mark Oursler, in their pockets, ADVOCATING for them and TEACHING them, openly, what to do (ask for an Order to Show Cause of Contempt) and how exactly to do it - what to attach to the application for such an order - David Merzig put in not one publications about it into the local press, but at least two, here is another one:

All to make you safe, citizens of Oneonta, New York.

The lawsuit is not just bad, but very, very bad.

Apparently, because 
  • the owners of the Oneonta Hotel are immigrants, not sophisticated in the law, and h
  • appened to have fallen into the greedy grip of an attorney who is also a town justice and an adjunct professor, and both of those positions are not easy to come by and to keep, and because t
  • he local press is well in the local government's pocket and WOULD NOT report honestly and diligently on what is A MATTER OF PUBLIC RECORD and shows very, very clearly the corruption involved in this little scheme designed to take a lucrative business and a lucrative piece of downtown real estate away from Melania and Nicolae Pervu -

because of all of that, Merzig and Co. do not even care to pretend to follow some semblance of the law in doing it and brazenly present their corrupt raid upon Melania and Nicolae Pervu's business as a concern about health and safety of the people of the town of Oneonta.

Since the local press would not do the job of honest journalism, I will do that for them.

Starting with this article, the first one in the series, based on documentary evidence, about the case of Melania and Nicolae Pervu.

Showing judicial corruption, corruption of town public officials and the corruption of Melania and Nicolae Pervu's own former attorneys at their very ugly best.

Is the City of Oneonta asking for yet another lawsuit for discrimination against immigrant business owners?

Are Oneonta taxpayers ready and happy to back up paying for legal defense in such a lawsuit?

Should attorneys Mark Oursler, David Merzig and Ellen Coccoma, as well as attorneys Ryan E. Manley and "The Honorable" Ryan T. Donovan, be disbarred because of this case?

Should judges Michael V. Coccoma, John F. Lambert and the town justice Ryan T. Donovan be taken off the bench, disbarred and charged with federal crimes?

I will publish my opinion on this matter in the articles to come - backed up with documentary evidence.

Stay tuned.

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