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, October 20, 2026

DRUG PROLIFERATION IN UPSTATE NEW YORK AND DRUG COURTS — PART II How Government Saves Money by Keeping Heroin Dealers Out of Prison — and Who Pays the Price

 

THE GOVERNMENT'S OWN ADMISSIONS: KEEP THE HEROIN DEALERS OUT OF PRISON, SAVE TAXPAYER MONEY, AND SEND THEM BACK INTO THE COMMUNITY

On February 23, 2016, a group of New York State senators assembled at SUNY Oneonta for a public hearing of the Joint Senate Task Force on Heroin and Opioid Addiction.

The testimony given that day deserves renewed attention.

Among the witnesses were Chenango County District Attorney Joseph A. McBride, who subsequently became a New York State Supreme Court Justice, and then-Delaware County Undersheriff Craig DuMond, then chairman of the Delaware County Drug Task Force, who subsequently became - at least he claims that without the required constitutional and statutory undertaking - Delaware County Sheriff.

The witnesses described a heroin epidemic, drug trafficking, fatal overdoses, public assistance, inadequate housing, and government programs intended to keep certain drug offenders out of prison.

Their testimony raises a fundamental question:

Was the government fighting heroin distribution, or financing a system that allowed heroin dealers to remain in business at the expense of local residents?

A. Chenango County District Attorney Joe McBride: Keeping heroin dealers out of jail and prison is government policy

At pages 73–74 of the Senate transcript, McBride explained how his office distinguished between outside heroin traffickers and local heroin dealers who sold drugs to finance their own addictions.

For the latter category, he described a policy of directing offenders into "Drug Court".

McBride stated:

"We try to get the people into drug court."

He then identified an important consequence:

"It keeps them out of our county jail for a year.  It keeps them out of state prison."

Consider the financial implications.

County jails are expensive.  State prisons are expensive.  Correctional officers, buildings, utilities, food, transportation, medical services, and administration all cost taxpayers money.

Keeping a convicted heroin dealer out of jail or prison can produce substantial savings in correctional expenditures.

But what happens to the dealer?

He does not disappear.

He returns to the community.

And if he continues selling heroin, the resulting costs are imposed on the community: additional drug distribution, overdoses, thefts, burglaries, police calls, emergency medical treatment, property damage, and exposure of other residents to criminal activity.

The government saves the cost of incarceration.  The public bears the consequences of the offender's continued presence, continued heroin dealing and continued violence or risk of violence necessarily associated with such an activity.

That is the economic question McBride's testimony raises.

And there is an even more disturbing aspect.

McBride's classification was based on the dealer's motive for selling heroin.

An outsider selling heroin for pure profit was treated as a trafficker deserving incarceration.

A local addict selling heroin to finance his own consumption could be treated as a benign candidate for diversion and release back into the community, to save the county and the state money for incarceration - and to deal again.

But what difference does the seller's motive make to the customer who overdoses?

Does heroin become less lethal when sold by a person who intends to spend the proceeds on more heroin?

Does the danger to a neighborhood diminish because the dealer is himself addicted?

A heroin dealer who sells drugs to support his own habit is still distributing heroin.  His customers can still die.

The government knew this.  McBride knew it.  And contributed to drug proliferation anyway.  

B. The Senate heard about hundreds of bags of heroin and young overdose victims

At the same hearing, Senator Terrence Murphy described a recent drug seizure involving a 20-year-old woman.

Authorities recovered 562 bags of heroin and $30,000 in cash.

The seizure occurred in Murphy's district.  The testimony did not establish that this particular dealer was selling to support her addiction.

But it demonstrated the volume of heroin that could be circulating through a relatively young dealer's operation.

Murphy also described attending the wake of a 26-year-old man who had died from an overdose.

The juxtaposition is significant.

The senators were hearing about substantial quantities of heroin and young people dying from its consumption.

Meanwhile, prosecutors were describing programs intended to keep certain heroin sellers out of incarceration.

How many bags of heroin were sold by offenders diverted into Drug Court? How many customers overdosed? How many died?

Where are the statistics?

C. McBride acknowledged fatal overdoses following release

McBride also testified about the danger to heroin-dependent individuals returning to the community after incarceration.

He described people who had lost their tolerance during confinement and overdosed after resuming heroin use, sometimes within 24 hours of release.

Other witnesses, including registered nurse Kelly Liner of Friends of Recovery of Delaware and Otsego Counties, addressed the heightened fatal overdose danger following periods of abstinence.

Thus, the government knew that releasing heroin-dependent offenders into environments where heroin remained available could have fatal consequences.

And the government also knew that appropriate housing was unavailable for many of them.

Noel Clinton-Feik, co-owner of Crossroads Inn, testified about inadequate supervised housing, emergency shelter placements, and recovering individuals encountering drug dealers at those placements.

She reported that Delaware County was spending $1 million annually on emergency sheltering.

The problem was plain.

The government sought to keep certain heroin sellers out of prison, obviuosly for double financial benefit - they saved money for incarceration and medical care, and they could be useful as CIs for new drug stings - in full knowledge that they would lack, on release, adequate housing to separate them from the drug trade.  In fact, they were very possibly encouraged by the government and plunged right back into drug trade as useful CIs, exposing them and the community to dangers.

Otherwise - where, exactly, were these heroin dealers supposed to go?

Who would house them?

Who would supervise them?

Who would protect their neighbors?

And who would pay when they resumed criminal activity?

D. Delaware County Undersheriff Craig DuMond: At least 90% of drug arrestees were on public assistance

Then-Undersheriff Craig DuMond supplied another remarkable financial fact.

At pages 80–81 of the transcript, he estimated that nine out of ten people arrested in drug-related investigations, if not more, were receiving public assistance.

His estimate included addicts committing lesser offenses and drug dealers.

That means that, according to the chairman of Delaware County's own Drug Task Force, at least 90% of the people being arrested in the drug investigations he described were receiving taxpayer-funded public assistance.

The government was therefore paying public benefits to many of the individuals it was simultaneously investigating and prosecuting.

The government also financed the police departments, prosecutors, courts, treatment services, and correctional institutions involved in their cases.

And, as DuMond acknowledged, the heroin epidemic contributed to increased foster-care placements, generating still more public expenditure.  Delaware County has just announced recruitment of more foster parents - did they release too many drug dealers to help proliferate drugs and deprive kids of their parents?

Consider the circularity.

Taxpayers finance public assistance.

Taxpayers finance narcotics investigations.

Taxpayers finance prosecution.

Taxpayers finance diversion and treatment.

Taxpayers finance emergency housing.

Taxpayers finance child-protection interventions and foster care.

And when drug activity destroys privately owned property, the owners may be left to finance the cleanup and restoration themselves.

How much public money was spent on this system, and how much heroin distribution did it actually eliminate?

DuMond's estimate does not establish that every recipient used public assistance to finance drug trafficking. It does establish that a senior Delaware County law-enforcement official recognized substantial overlap between the public-assistance population and people arrested in drug investigations.

The economic implications warrant investigation.



Source: New York State Joint Senate Task Force on Heroin and Opioid Addiction, public hearing at SUNY Oneonta, February 23, 2016; testimony of Joseph A. McBride, Craig DuMond, John Muehl, Noel Clinton-Feik, Kelly Liner, and Senator Terrence Murphy. Laughman criminal proceedings: Chenango County Indictment/Superior Court No. 2014-78; Delaware County Indictment No. 2017-025, County Court Case No. 2017-321, plea proceedings of July 3, 2017.

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