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.


Tuesday, September 22, 2020

Elections2020. Delaware County, NY, race for District attorney, John Hubbard - a dishonest person, a lousy and dishonest prosecutor, a woman-hater and a racist

I know Delaware County DA (and the current contender for re-election for that position) John Hubbard professionally, I litigated against him in criminal court for several years.

NOT ONCE during all those times when the DA's office litigated before Judge Carl Becker in the County Court did the DA's office or John Hubbard personally disclosed that John Hubbard was Judge Becker's law partner before he came to the bench.  He only disclosed it when Judge Becker "retired" (or rather ran from the bench mid-2nd coveted term chased by 1. the FBI, 2. the New  York State financial comptroller and 3. The New York State Commission for Judicial Conduct), then-DA Dick Northrup ran for his place and Hubbard was elevated to the DA's position and than ran in elections for DA.

Only then he coughed up that he was a law partner of Judge Becker.

Which is a disgrace.

How many criminal cases - financed by county taxpayers - did Hubbard undermine by this conflict of interest, how many convicted defendants now can come back and make motions to undo their convictions because of this conflict of interest?

I can also tell you that Hubbard is a women-hater and a racist, and that's based on my personal interaction with him, and generally a lousy slime.

When I came to Hubbard, as other attorneys did, in a town court to discuss a criminal case of a female client, a criminal defendant, all he was concentrated on discussing was her sex life - and you know why?

Because she had several multiracial (African American) children.

Hubbard unashamedly said about her that she was "sleeping with blacks, as if there are no white men here", and laughed off my indignation.

Remember, that was a criminal case that had absolutely nothing to do with my client's sex life.  Not that Hubbard cared. 

He was practically fixated on the issue, and raised it each time I came to him for conferences of that case, and that was several times during that litigation.

By the way, later on I have learnt that there was an additional reason for Hubbard's discussion s in such conferences - he was taking time and bluffing.

He knew that his main witness disappeared, did not notify the court, did not tell me, and kept trying to get a conviction, to have my client plead guilty.

The case was later dismissed because Hubbard was not ready for trial - in fact, several of my former clients' criminal cases were so dismissed.  Hubbard is sloppy and not knowledgeable as a lawyer.

He just "sleeps with the right people" to get ahead.

He also spends time badmouthing criminal defense attorneys to criminal defendants.

My husband and I had numerous clients come to hire us for criminal cases specifically because Hubbard tried to say dirty things about us to them.  They explained their reasoning this way:  if a prosecutor is mad at a criminal defense attorney, he must have lost cases to that criminal defense attorney.

I publicly thanked Hubbard many times for advertising for our law firm and for bringing us business.  He got furious each time - but stupidly continued to badmouth us - and to bring us more business.

This says that he does not have a good temperament as a public official - not that anything good can be expected from somebody whom dishonest slime Carl Becker chose as his law partner.

It is laughable that you would "protest for racial justice", "demand accountability" about events happening somewhere in another state and about public officials in another state and keep saddling yourself with corrupt racists in your own local government.

You recently protested against police brutality.

Yet, you do not protest when YOUR OWN police officers taser pregnant women and then put them in jail so that their miscarriage and other injuries cannot be documented.

You do not protest when your local police officers taser, ram with cars people videotaping them, obtain false arrest warrants to get whistleblowers out of the house in order to find and destroy evidence of police misconduct, they burn houses of whistleblowers - including pregnant women.

This is all happening and has been happening on Hubbard's watch.

And you know whom he investigated and prosecuted?

The victims, and covered up for the perpetrators, because some of them were related to employees of the District attorney's office.

You want that insect to be a guardian of your law and order in the area?  You deserve him - and all that he represents and that will be coming at you.

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