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.

Monday, December 11, 2023

The tribal Delaware County (NY) and its County Atty Amy Merklen have finally had their comeuppance in a federal lawsuit against them, asking for actual and punitive damages against many public officials INDIVDIUALLY

 A federal lawsuit has been filed against Delaware County, NY by a local newspaper represented by a powerful legal team, Cornell Law School 1st Amendment Clinic and Albany's legal giant Greenberg & Traurig, for restricting - surprise! - access of journalists to the county employees for news about issues of public concern ("the gag directive").

You may read the text of the Complaint here - highly recommend to read it all, very informative.

I have written extensively on this blog about the retaliative practices of Delaware County and its various public officials, against me, as a citizen journalist (legal blogger).

I am Exhibit 1 of the exact same type of retaliation sued for in the current federal lawsuit - so I am considering an intervention into the lawsuit.

I also have personal knowledge that Merklen is controlling with her illegal "gag directive" interaction of the Delaware County Clerk's office - over the heads of judges presiding in specific cases - with pro se litigants.

That is in regards to records in court cases, since Delaware County Clerk's office is the official custodian of such records, has a duty to transfer certain records to the Appellate Division on appeals, fails to do it timely, therefore, stalls appeals against people the County officials hate (like me and my husband), and refuses to talk about their activities with us sending us to discuss anything about our own court case and records there to Merklen (obviously in accordance with her sued-upon "gag directive").


What was hilarious was that the Delaware County Clerk's office has directed us, after talking to Merklen's office, to file FOIL requests to receive copies of our own court file.


Not Judiciary Law 255 requests, mind, but FOIL requests.  Merklen is completely out of her mind - was never known for competence anyway, which is a valuable, if not the main quality for selection of a Delaware County employee: you must be loyal, stupid, incompetent and immoral, otherwise you won't be able to function and preserve your health in that employment.

Well, when people are stupid, they fail to be aware of their own illegal activities - especially when such activities were condoned for too long.


So - enjoy your reading.


And, here is a link to my previous blog about Merklen, just for you to understand the background of the author of the illegal "gag directive".


BTW - the beauty of the lawsuit is that it is very well researched, backed up with evidence, represented by a powerful legal team, and is asking for ACTUAL damages against all defendants INDIVIDUALLY, as well as PUNITIVE damages and ATTORNEY FEES - which, in the case of Greenberg & Traurig, may be very, very substantial.


And, the insurance policy of Delaware County has an EXCEPTION for coverage of intentional misconduct of county employees, so they will have to pay whatever is agaist them, out of their own pocket, which is very sweet, finally.


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