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.

Saturday, April 9, 2022

On Otsego County Supreme Court Justice Brian D. Burns, Otsego County Family Court Judge Michael Getman and other thieves

 In March 2021, while still being a sitting judge of the Otsego County (NY) Family Court, Judge Brian D. Burns published a book "Co-parenting FROM YOUR CHILD's PROSPECTIVE".

So, the judge deems himself the voice not of justice, mind, but of one of the parties in a court proceeding, children - who are in such proceedings necessarily represented by their own attorneys.

Apparently, it is not enough for Judge Burns to appoint those attorneys.  He openly admits he is actually a child advocate and not a fair adjudicator.

Here are snapshots of his book, its official description and identification information on Amazon.com - and a couple of reviews, mine as a verified purchaser of the book and somebody else's, without a name - since that person is obviously afraid of Judge Burns' retaliation.






In my review I am relying on my own documentary investigation of Judge Brian D. Burns' misconduct described in my prior blog articles regarding Anthony Pacherille Jr and Sr's cases:

November 9, 2015, Part 1 -  The Anthony Pacherille story, Part 1 - for judge Brian Burns of Otsego County Court, NY, justice is for sale

November 11, 2015, Part 2 - The Anthony Pacherille story - Part 2. Judge Burns strikes back against the child because the child's father asked him for compassion

November 13, 2015 - the author's law license is quickly suspended (I doubt that it happened without request of Judge Brian D. Burns :).

November 18, 2015, Part 3 - The Anthony Pacherille's story, Part 3 - after the sentencing: thin skin, long arms, the sense of entitlement and the complete lack of integrity of Judge Brian Burns of Otsego County

November 18, 2015, Part 4 - The Anthony Pacherille story: Part 4 - freedom to protest in front of a public official's home

November 21, 2015, Part 5 - The Anthony Pacherille story - Part 5: Judge Burns hires a law firm with ties to the presiding magistrate judge in Tony Pacherille's federal lawsuit


I also described Judge Burns' monetary exchanges with the now-Otsego County Family Court Judge Michael Getman in my book published on Amazon.com.  The book quotes, based on review of documents of Dewar foundation and of A.O. Fox Hospital available in free public access, that Michael Getman (President of Dewar) gave regular LARGE donations to the non-profit A.O. Fox Hospital where Burns was on board.  And that is what is available in public access.  One can only guess what else Getman did to get Burns' favor, considering Getman's EXTENSIVE experience in defrauding that same non-profit together with his judge-father Frank Getman.

Shenanigans of the now-Judge Michael Getman and of his thief father Judge Frank Getman are described in a press release of the New York State Attorney General dated June 11, 1999.

At the end of the article I will post the full text of the release here, in case Getman would pull it from that site.

You see that in the press release the New York State Attorney General mentions that the millions of dollars in the Dewar foundation cannot possibly continue to be entrusted to these two theives, judge-father and his attorney-son 

(same as it happened to another thieving couple, also from Oneonta, and also consisting of a thief judge-father and a thief attorney-son - who also were never punished and kept their law licenses, that is Robert and Richard Harlems, so thievery of judges together with their sons from non-profits or from clients is a time-honored tradition in Otsego County) 

But, you know the money of which non-profit did Michael Getman use to buy Brian Burns' favor and get his current judicial position?

Of that very same Dewar foundation that NY AG stated in 1999 he cannot be entrusted with.

Since Michael Getman was son-of-a-judge, neither he, nor his thief father suffered any repercussions for their theivery, neither lost their law licenses, and Michael Getman was elevated first to Chief Otsego County Assistant District Attorney, Michael Getman perceived his impunity to prosecution for his crimes as a carte blanche to continue to engage in even more corruption with the help of the millions of dollars in the bank account of the Dewar Foundation.

He used that nonprofit to grease his way into a judgeship by buying favors of the "child advocate" (Anthony Pacherille Jr. will disagree) Judge Brian D. Burns to plow his way over the old women of the Otsego County Republican Committee who consider Judge Burns' "choice of a successor" as a directive to obey (I rely on creditable witness accounts after conversations last year with those old women regarding that directive).

As it appears, residents of Otsego County, New York, are lifelong masochists - since they continue to step on the same rake, over, and over, and over, and over again, electing one thief after another to judge over their liberty, property and family integrity.

Can I say - you deserve what you have?  You wouldn't have it if you didn't like it?  Since you are keep repeating and electing as judges thieves out of the same thieving families for years and decades?


---

State Files Suit To Oust Directors Of Dewar Foundation

Chief Judge Kaye has presented a sound proposal for meeting a critical challenge to the court system.

Attorney General Spitzer today announced a lawsuit against the board of directors of a private foundation in Oneonta for mismanaging the organization's assets. Those actions led to the loss of more than $1.5 million.

Spitzer's Charities Bureau filed the suit today in Manhattan Supreme Court against three directors of the Dewar Foundation — President Frank W. Getman, his son Michael and Nancy Lynch. The complaint seeks monetary damages from the defendants and their removal from the Board.

"It is the responsibility of my office to protect the assets of charities which are created to do good deeds in our communities," said Spitzer. "Because these individuals acted irresponsibly, they do not deserve, nor can they be trusted to oversee the millions of dollars still left in the care of this Foundation."

The civil suit alleges that the defendants violated their fiduciary duties to the Foundation because as directors they mismanaged the Foundation's assets or allowed them to be mismanaged in a way that harmed the not-for-profit corporation.

The A.G.'s action primarily concerns a decision in 1993 by Frank Getman to make an imprudent loan to a risky start-up mineral water business in California — Wheeler Springs Resorts.

Without any knowledge or approval from the Board, Frank Getman invested $1.5 million of the Foundation's assets in the company, along with $100,000 of his own money.

The loan entitled Getman to a number of personal benefits including a position on Wheeler's Board of Directors, $10,000 in annual director fees, and common stock and warrants.

After just a few payments, the company defaulted on the loan in November 1993. The loan, plus accrued interest, remain unpaid.

The State alleges that directors Michael Getman and Nancy Lynch breached their fiduciary duties when they failed to oversee the Foundation's financial activities and instead, allowed Frank Getman to make most of the Board's decisions.

They also failed to evaluate or question any of his investments, even after learning about the risky loan.

In addition, Frank and Michael Getman improperly collected rent money totaling more than $50,000 from the Foundation. The Dewar Foundation rented office space from the Getmans which subjected the Foundation to penalty under federal tax laws.

The Attorney General also seeks the appointment of a receiver who would be in charge of the Board while it re-organizes.

The Dewar Foundation was incorporated in 1947 and is well known in the Oneonta area as the legacy of Jessie Smith Dewar, a local resident who inherited a fortune amassed by her father from early stock investments in a company that was the predecessor to IBM.

The Foundation makes grants to a variety of local charitable organizations such as A.O. Fox Memorial Hospital and the SUNY College at Oneonta Foundation.

In 1997, the Foundation reported having assets with a fair market value in excess of $13 million and the distribution of grants totaling $564,800.

The investigation was handled by Assistant Attorney General Tynia Richard of Spitzer's Charities Bureau under the supervision of Section Chief Robert Pigott."










 

 







 

Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)