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.


Thursday, March 20, 2025

The ever-self-aggrandizing and sermonizing Judge Brian D. Birns deleted a negative comment against him to raise his book's rating on Amazon - and continues to be paid advocate "for children"

In April of 2022 I wrote about the book Judge Brian D Burns, now of Otsego County Supreme Court, is selling on Amazon, here is the link to that blog article.

I actually bought the book, read it and left a review as a verified purchaser, along with another review that was already there, from a person I do not know, also negative.

Yesterday, I have checked on Amazon - and voila! "His Honor" has deleted one negative comment (left mine intact though), 







and, together with a "5" rating without a review, jumped his rating for this book to 3.1 (3 stars from one).





As a courtesy to Judge Burns, and to the reading public, I will try to brush up the Honor's honor, and republish the link to the book, and the review that the judge deleted, along with Amazon-stamped rating of 1.8.

Enjoy!





It also seems that Judge Burns has spilled his wisdom, on the same topic, into another book, a Kindle edition now, available on Kindle Unlimited, for free for me.  

Note that the dishonorable pig has put his "Honor" in front of his name on a book title.  Vanity, said the very well known character, my favorite sin.



Here is the text of the annotation for the "Honor"'s 2024 book, for easier reading:

"More than half of the four million children born every year in the United States will be raised by parents who were never married or get divorced. As a New York State Family Court and Supreme Court Judge, I have presided over thousands of the resulting custody cases and have interviewed countless children in the course of litigation over the last 23 years. This book is my attempt to help those parents who are currently struggling to co-parent, and to guide those parents to be who find themselves in this situation in the future. Unlike most custody books, this will not tell anyone how to “win” custody. Rather, it is written to express the children’s appreciation for things that their parents do well together and their pain and anguish when their parents fail to co-parent successfully. Unfortunately, I have learned that children who are the subject of custody fights are often too confused, angry, or scared to communicate their deepest feelings directly to their parents. This book gives voice to the children. To emphasize that the “advice” contained in the book comes directly from the children, I have written it in the form of a series of letters from children to their parents. Each chapter consists of the letter followed by my legal and personal commentary. Many of the letters in which children describe their suffering can be gut-wrenching to read – but my commentary offers suggestions to help parents avoid causing unnecessary pain. An equal number of letters are happy missives thanking parents for doing things that the children appreciate and which contribute to their sense of security and of being loved and cherished".

That's him.  Categorizing and sermonizing based on his own bitter small mind.  Great sympathy to those hapless litigants and attorneys who have the misfortune to have to appear in front of him.

Just from the annotation though, you can perceive what a sermonizing bastard the "Honor" is:

parents who never married and who divorced, in his view, are destined to end up in court in a bitter custody dispute.

And, do you think it is appropriate for a sitting judge to continue to openly advocate for children - for money?  What kind of impartiality parents, for example, can expect from him in a proceeding involving the child as an alleged victim?

A judge MUST be neutral, and MUST abstain from being an advocate for whichever party, no matter how vulnerable and likeable.

Apparently, the "Honor's" skull is too thick to get such a simple concept through, after 24 years on the bench.

I promise, I will find time to download and explore the "lessons", compare them with the previous ones and tell you if the pig has acquired any more wisdom, or simply copied and pasted from the first book in order to raise the rating. 

As to Burns being "advocate for children" - maybe, on Amazon, for money, but Anthony Pacherille (plug in this name on the right in the search window and read his story) will disagree.


Will report on what I found in his 2024 book soon.

Until then!







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