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.


Sunday, August 30, 2026

Will Delaware County (NY) longtime litigation counsel Frank Miller be disbarred and jailed for insurance fraud and fraudulent arrangement involving unlawful use of taxpayer funds for private purpose? The emerging Hunt-Miller problem

In July of 2025, a year ago, Appellate Division 4th Department accepted a resignation of a Syracuse lawyer Marsha Hunt who, reportedly, overbilled assigned counsel defense program by $160,000 - including invoices for 30 and 33 hours a day of work.








Of course, the question arises whether a judge signed such a voucher, if it happened - what is the identity of such a judge or judges and how many more judicial documents, including court orders did he or she sign with the same level of "diligence".

But - that is a side issue.

The front-and-center issue is:  an attorney in the same judicial district and the same appellate division where Delaware County (NY)'s longtime litigation attorney Frank Miller toils was stricken from the roll of attorneys - and barely escaped a criminal prosecution for fraud - for misuse of taxpayer funds in legal defense.

And, that issue is very relevant to whether the same - and worse (D felony insurance fraud) - should happen to Frank Miller for his currently ongoing shenanigans.

Before Miller pulled these documents off NYSCEF, I will interlink them and publish them here.

On February 5, 2026 I sued Wayne Marshfield - not in his capacity as a public official.

The Complaint can be read here.

Attached to the Complaint was a Beacon record clearly identifying Marshfield as a contact person for Watershed Agricultural Council's headquarters.



The former Tax Assessor of the Town of Hamden Tina Moshier personally represented to me that she was the one who was supplying information to Beacon for tax parcels in the Town of Hamden - including this one.

So - what does Marshfield tell the court about it?

First, he was served with the Complaint and this Exhibit, among others, on February 17, 2026, personally.

Then what happened becomes blurry.

On August 13, 2026 Marshfield's purported counsel Frank Miller claimed that events transpired in the following way:






















Now, NYMIR is, very definitely, a taxpayer-funded insurer.

I am a taxpayer in Delaware County municipalities.

I got extremely interested as to how did Marshfield get this insurance coverage - after he gave the court a tear-jerking story in March of 2026, after DEFAULTING, in support of a motion to reopen his default, that 

*  he DOES NOT have municipal insurance coverage because 

*  he IS NOT sued as a public official and 

*  he IS NOT entitled to municipal insurance coverage, and 

*  he WAS ALREADY TURNED DOWN by the Town of Hamden's attorneys for such municipal coverage.


























Note how hard both Miller and Marshfield try on March 31, 2026 to disclaim what they already know is occurring - representation at taxpayer expense based on assignment from a municipal insurance company.

And - even after I DROPPED him as a defendant on April 3, 2026,



Marshfield and Miller continued to defraud taxpayers by continuing to insist that Marshfield is still a defendant in the case (attorney readers - appreciate the gall) - and, of course, the presiding judge who was in a 30 plus year war with my husband endorsed these shenanigans and allowed him to apply for attorney fees.

I do not know whether the presiding judge knew about the fraud or not - that is up for New York State Police and Attorney General to investigate, I do not have such authority or capabilities.

Yet, the August 13, 2026 NYMIR invoice is part of the record.

Notice the bait-and-switch fraudulent technique:  

1) Miller and Marshfield fraudulently got from the court an award of attorney fees on representation that Marshfield RETAINED Miller ("Transaction A") and paying OUT OF POCKET for Miller's legal defense for Transaction A, because municipal coverage of defense ("Transaction B") is not possible - 

while knowing all along that Transaction A did not exist and it was Transaction B, from an unknown municipality, who was and is funding - at taxpayer expense - Marshfield's PRIVATE legal defense in the case, even after Marshfield stopped being a party.

Once again - this is what NYMIR is, according to its own advertisement:






So - the above bait-and-switch scheme violated - at a minimum, New York State Constitution, Article 8 Section 1, providing that public funds may not be loaned or gifted for private purpose, and Penal Law Article 176, insurance fraud, and defrauding taxpayer-funded insurer for over $8,000 is at a minimum a D felony, a disbarring offense.

I instantly turned both of them into NYS Insurance Department, fraud unit.


Moreover - since the legal defense, as Miller NOW disclosed, was funded by NYMIR, and NYMIR may only act on behalf of a municipal "subscriber" to the insurance reciprocal cooperative (which is what NYMIR is), I directly asked Miller to disclose identity of that municipality.




Had that identity been disclosed in March of 2026, it would have strengthened my theory behind the entire lawsuit - that Delaware County is pulling strings of the local non-profits, something that Tina Mole recently confirmed in her letter to the editor that I wrote about here.

Now, mind that, according to controlling precedent, where an insurance company funds a legal defense, the insurance company and nobody else may claim reimbursement of those funds - and the insurance company must do it by a separate lawsuit against whoever it seeks reimbursement against.

And, when that happens, the name of the municipality behind the insurance assignment must be then disclosed IN THE NAME OF THE PLAINTIFF:

"NYMIR, as subrogee of DELAWARE COUNTY, NEW YORK, subrogor".

Do you think Miller disclosed THE NAME of WHO OWNS THE CLAIM Miller is seeking to enforce against me in court?

Nah.

Here is what he answered:


So after publishing this blog, I am attaching it to a complaint turning him, along with Marshfield, and the judge who, after receiving the NYMIR invoice, blocked my ability to move to vacate the previous award based on new evidence and fraud - into New York State Police, NYS Commission of Judicial Conduct, and Attorney Grievance Committee.

And filed discovery demands in a case where Marshfield (1) is a party defendant;  (2) "joined issue" and proceeded to discovery;  and (3) is represented by a law firm other than Miller.

In addition, yesterday, my husband has filed a municipal waste lawsuit against Miller under General Municipal Law Section 51 demanding that Miller be made by court to return the money unlawfully billed to taxpayer-funded insurance cooperative NYMIR, Frederick J. Neroni v Frank Miller, EF2026-271 in Delaware County Supreme Court.

Now what is VERY interesting - how much of the footprints of James Murphy, the Chief Administrative Judge of upstate New York whose brother owns Miller's law firm Hancock Estabrook LLP - are over this fraudulent submission, and the obvious pressure upon judges to bend over backwards to allow Miller to engage in any possible crime only to please judge Murphy.

But, the HUNT resignation looms large here.

Attorney Hunt - from Syracuse, too - at the very least was lawfully assigned cases for legal defense, she "only" overbilled based on legitimate assignments.

Here, Miller (1) knowingly orchestrated assignment of municipal insurance to a private client where the lawsuit against the client was not against him as a public official;  (2) knowingly made false sworn statements tot he court that Miller is instead representing the client on a non-existent retainer agreement;  (3) obtaining attorney fee award based on that false lamentation;  (4) then turning around and showing NYMIR origin of representation; and (5) continuing to press attorney fees under NYMIR while at the same time refusing to disclose the identity of subrogor municipality behind the unlawful assignment, while (6) openly admitted, in a written statement filed in the court, to a D felony insurance fraud and to violation of NYS Constitution Article VIII Section 1 Gifts and Loans Clause.

Such audacity requires serious political support.

So I repeat again - what is the difference between attorneys Hunt and Miller?

Will Miller escape where Hunt went down?

And why?









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