The Delaware County Department of So-So Services is going to enforce new vehicle use policy after the State Comptroller blasted them? Right!

Couple of days ago all local newspapers covered the scathing criticism of Delaware County vehicle use practices in the State Comptroller's audit report.

Delaware County, through its Chief of the Board of Supervisors Mr. Eisel assured the Delaware County taxpayers that what is going on is not corruption and that Delaware County will sure change their practices.

Well, they are not changing.

Just minutes ago I was walking my dogs (at about 5:10 pm) on the Legion Field in Delhi, NY.

Kids were playing baseball there.

Here we go - the Department of Social Services white car No. 95 came down the road at a high speed, windows down, elbow hanging outside, down a dirt road, stones kicking up, a clear joy ride, no concern for the county-owned vehicle, because if that was his own car, I doubt if he would go that fast with the windows open and the dust and stones coming through.

The car stopped by the baseball field, a heavy-set man in a baseball cap on backwards, black T-shirt, pops out of the car - and stays at the field, watching the game.

I did not have time to stay on and see for how long he was there, but I wonder whether that car is equipped with the "black box" that would show the route.  I will try to obtain it from Delaware County So-So Services on a Freedom of Information request.

It is nice to know my tax dollars work somewhere so "efficiently", as Mr. Eisel recently pledged to Delaware County taxpayers.

I wonder what Mr. Eisel is driving now.

Delaware County and Otsego County taxpayers - take action against misuse of your hard-earned tax money by the privileged politically connected attorney Ellen Coccoma, wife of judge Michael Coccoma

According to my information, Ellen Coccoma, wife of Chief Administrative Judge of Upstate New York Michael Coccoma used the public building at 111 Main Street, Delhi, NY for a deposition for her private clients without paying rent to the Delaware County.

I reported this instance to the New York State Comptroller and requested to check how the Delaware County grants free use of public property, on what grounds, and whether grounds upon which such use was granted, were legal.

As far as I know, Ellen Coccoma had no court order granting her FREE use of the public building at 111 Main Street, Delhi, NY.

This is not the first time Ellen Coccoma made "arrangements" for free use of public property located in Delhi.

Her first choice was Delhi Town Court, then the Delaware County Courthouse, now Delaware County building.

Ellen Coccoma obtained orders from two judges, both subordinates of her husband, for depositions at public buildings.  Yet, upon close inspection of the orders, none of the orders allowed Ellen Coccoma or her private clients FREE use of such public buildings.

So, as a taxpayer, I call other taxpayers to action:

1) Write, as I did, to the New York State Comptroller to investigate how does it happen that Delaware County gives free use of public property to a private attorney, wife of a powerful judge, on orders made by subordinates of attorney's husband; 

2) How does it happen that Delaware County does not appeal orders of depositions at their buildings made without notice to them or opportunity to intervene;

3) Write, as I did, to the U.S. Attorney General investigating corruption in New York State government who already indicted two top legislators in New York - Majority Leader of the Senate Dean Skelos and (now) former Leader of the Assembly Sheldon Silver, buddy and benefactor of NYS Chief Judge Lippman - ask to investigate the extent of these "free donations" by local counties to politically connected wealthy private attorneys and to their clients.

4) Write, as I did, to the Delaware County Treasurer and DEMAND that the Treasurer should demand payment from Ellen Coccoma.

By the way, Ellen Coccoma is also a full-time (I stress it, a full-time) County Attorney for Otsego County, and all of her daytime belongs to Otsego County taxpayers.  

I am one of at least five witnesses to the fact that at 10:00 am today Ellen Coccoma was in Delhi, NY representing private clients, instead of doing her job as the full-time salaried Otsego County Attorney.

As the full-time Otsego County Attorney of many years, Ellen Coccoma should know better than (1) to work for private clients during her time paid for by Otsego County taxpayers, and (2) to use public buildings in another county for the benefit of her private clients without paying for such use.

So, I believe, taxpayers of Otsego County may also want to make inquiries with its County government to verify how does it happen that the County allows its full-time salaried officers and/or employees to work on private jobs on the side during taxpayer-paid time? 

My belief is that Otsego County taxpayers are entitled to return of the portions of Ellen Coccoma's salary paid to her while she was in court on private cases, and an investigation as to how much of the taxpayer-funded time she spent representing her private clients should start immediately.

PS  This post was written in the State of New York.  The time of postings on the blog is stamped in accordance with the Pacific Time (California), where the blog's host server is located.

So, when this blog post showed that it was posted at 10:18 am, it was posted in reality at 1:18 pm New York time.

General licensing of law practice is a sham

I wrote a lot on this blog that licensing of the "practice of law" is a sham, from many points of view.

First of all, it hurts the consumers and protects the markets (and high prices) in the markets for influential attorneys only, because attorney discipline are only targeted against independent solo and small firm attorneys, predominantly civil rights and criminal defense attorneys.

Over 80% of consumers cannot afford to hire an attorney across the country, and for the legal profession to claim that licensing protects quality of services for the consumers is claiming that 80% of the poorest consumers must pay for the protection of quality of legal services for the remaining 20% of consumers of legal services who can afford to protect themselves.

Moreover, when an attorney is licensed to practice law in the State of New York, he or she is licensed to practice in all possible specialties.

As practice shows, that alone can be detrimental for the consumer, because the consumer relies upon the license as a guarantee of the lawyer's competence while, let's say, criminal law is such a specific area that without specific training in criminal law and especially in criminal procedure (not a required course in law schools), relying on such a presumption of competence of an attorney is foolish.

In my disciplinary case, I became acutely aware how incompetent an attorney who purports to practice criminal law can be.

Mary Gasparini, my disciplinary prosecutor (civil prosecutor) purported to practice criminal law while obviously having no clue about such important issues as:

1. how a criminal case can be brought;
2. what initiating documents for a criminal case are valid;
3. how documents initiating a criminal case must be served;
4. in which courts certain criminal cases may or may not be brought;
5. what constitute territorial jurisdiction of New York state courts and how it is determined;
6. what is presumption of innocence;
7. what is the constitutional right to remain silent;
8. what is the requirement for non-hearsay support for criminal charges;
9. what is the burden of proof in a criminal case;
10. who has the burden of proof in a criminal case and how that proof must be presented;
11. what are the elements of the offense charged and how those elements must be proven;
12. what are the rules of disqualification of a public prosecutor in a criminal case

In other words, Ms. Gasparini has no clue as to A-to-Z of criminal procedure, but boldly proceeds with trying to prosecute a criminal case.

And, I am sure, there are a lot of such Mary Gasparinis out there who boldly proceed to ruin people's lives while having no clue about the applicable law, but their law license serves creates in consumers of their services a false presumption of competence of such attorneys.

It will be lot more honest and will protect consumers of legal services more if licensing of the practice of law is scrapped, the and if people are finally given a free right to choose providers of legal services from who they trust by their own criteria, including by reputation the providers in cases they already handled, whether such providers have a formal legal education or not.

I know a lot of people who did not even finish high school, but who know criminal procedure better far than Mary Gasparini.

A summary judgment in a criminal case? We'll see...

I wrote on this blog that my disciplinary prosecutor (in the case which is claimed civil by New York law) also brought a criminal proceeding against me, for opening my own disciplinary proceedings to the public, which is what I am absolutely allowed to do by law.

In that criminal proceeding for contempt of court Ms. Gasparini - who has the audacity to lecture to attorneys about legal ethics during her taxpayer-paid time as a disciplinary prosecutor (by the way, her position is not supported by existing law) - acts as a prosecutor, as the sole complaining witness and as the alleged victim, which constitutes gross prosecutorial misconduct.

Now Ms. Gasparini, who has absolutely no clue as to criminal law and procedure, asks the court for a summary judgment without a hearing in a criminal case, where no such thing is available in criminal law.

We will see whether the court will "do the right thing", apply the law and toss Gasparini's self-interested and incompetent ravings - or violate the law, punish me for violating my own privacy.

I won't be surprised if the latter happens.

After all, several courts, since January 2013, disregarded court records clearly indicating that I was fraudulently prosecuted for an insane charge - for NOT practicing law without a license in 2008 (for not committing a crime).

After all, the disciplinary court pretends it is unaware that I have a right to open proceedings to the public and that Judiciary Law 90(10) that is used to seal documents in such proceedings may only be used as a shield for the attorney who is the subject of the investigation and never as a sword (the way Mary Gasparini is attempting to use it against me).

Throughout these proceedings, disciplinary prosecutors from two appellate divisions acted as if they have no clue of the applicable law or rules of evidence - not to mention of the attorney disciplinary rules requiring of every attorney, including a disciplinary prosecutor, elementary competency.

So - we will see whether the court will grant a summary judgment in a secret criminal case brought by the alleged victim/witness/prosecutor Gasparini to punish me for violating my own privacy.

It gets loonier and loonier by the day.

On the other hand, this case clearly highlights the problem that we have in New York (and in this country) not only in attorney disciplinary cases, but in all cases - the rule of law is dead, because justice is not blind.

Judges are actively considering status of who is asking for relief, and not legality of relief asked or legality of procedure followed.

Status trumps the rule of law practically every time in the courts and in front of judges of New York two appellate divisions that I am familiar with (3rd and 4th Departments).

The same is true with many lower court judges where I appeared as an attorney over my legal career.

Reports in the media and social media show that this situation is pervasive throughout the U.S.

Welcome to the Star Chamber where we will remain until we, as citizens of this country, undertake to introduce effective measures to address rampant misconduct of public officials, including and especially the judiciary and prosecutors - whether "civil" or criminal prosecutors.

Racists on the bench

This country will not make headway out of riots such as in Ferguson, New York City and Baltimore (and that is only the recent riots) while judges remain on the bench who ascribe to the "American Constitution Society" the following motto: "We love poor black people almost as much as we love puppies and kitties".

This is not humor.

This is not a joke.

This is pure unadulterated racism which is especially disgusting when it is coming from a judge presiding over federal civil rights cases and criminal cases (including death penalty cases), involving predominantly poor black and Hispanic people.

Judge Kopf should be removed off the bench - that is my personal opinion, based on his:

• open racism;
• considering people fighting for civil rights as narcissistic attention seekers;
• his belief that a judge may invent at least three reasons why he would allow execution of an innocent person to proceed  (all of it is in Judge Kopf's blogs).

Because of such white racist judges credibility of this country's stance as a beacon of democracy and as a fighter for human rights is below zero.

I encourage poor black litigants who have ever suffered an adverse determination by Judge Kopf in the U.S. District Court for the District of Nevada to make motions to vacate based on new evidence of Judge Kopf's bias against poor black people. 

And - when a federal judge equates black people with animals,  and mock them for being poor, that should surely get him off the bench.  

Will it?

To judges - "grow the **** up"! That's what your fellow judge said

Just read a blog by a sitting federal judge Kopf who ridicules people promoting gay marriage accusing them of presenting gay people as victims - and that is when just 15 years ago homosexuality was a crime and when gay marriage is still prohibited in a large number of states.

Judge Kopf has one advice to activists of the gay movement - "grow the **** up"!

Now, a judge dealing on the daily basis with federal civil rights cases should not be calling victims of discrimination attention seekers.

One could just as well tell women to "grow the **** up" and not fight for equality, voting rights, not being treated as property of men, right to contraception and abortion, right to choose her partner - not when white men are so bored by those attention-seeking women.

One could just as well tell slaves to "grow the **** up" and not fight for their freedom and not present themselves as victims when white men are so bored by those attention-seeking slaves...

Now, let's turn the tables a little bit and ask judges of this country - GROW THE **** UP and stop persecuting people who criticize you, we are tired of you doing it while you are tired of us fighting for our rights against discrimination by the government, including by you, the judiciary.

Doesn't the shoe fit - ideally?

So, judges, heed the advice of your fellow judge and - GROW THE **** UP!

Breastfeeding as breach of decorum in court? Breastfeeding ladies, engage in court observation!

This is a topic that I have never come across before - until it was raised by Judge Kopf, of the U.S. District Court for the District of Nevada in his blog.

These are the beliefs of a sitting federal judge pertaining to breastfeeding:

1. That breastfeeding in public at a public event makes the child's parents "narcissistic".
2. That breastfeeding in court is a breach of decorum.
3. That when breastfeeding in public, the mother most "cover" herself.

It is understandable that, being a male, a judge have never experience and will never experience the physiology of breastfeeding.

Yet, what the judge is saying is essentially this:

Breastfeeding mothers, I give you a choice:

1) do not come to public events lasting for a period of time that may require to breastfeed your baby, these political events are not for you; or

2) leave you baby at home, squeeze your milk and leave the baby with a babysitter - even if breastfeeding for you is an act of interaction with your child, each time;

3) leave formula for your child or bring it with you - but do not expose to the public that abominable appendage that Madonna showed in numerous paintings to feed her baby, paintings that public admire around the world;

4) or, COVER yourself.

I would, instead, have advice for Judge Kopf - get off the bench.

Your caveman views are completely inconsistent with views of a sitting judge.  Your blog will be perfectly fine, as a freedom of speech showcase and as a relic of "old times" - without you on the bench.

And - breastfeeding ladies, members of the public, without regard whether you are in a heterosexual or homosexual relationship or whether you are single Moms - I ENCOURAGE you to come to court with your babies to observe court proceedings - AND FEED YOUR BABIES, UNCOVERED, IN PUBLIC.

Let the presiding judges DARE try to tell you that it is a breach of decorum to feed your baby where and when your baby wanted to be fed and where and when you wanted to be as a member of the public and a court observer.

If they do, they will, most likely, be taken off the bench if the case his the headlines.

Come to political events - to press-conferences, to hearings in the U.S. Congress, come to court to observe open court sessions - AND BREASTFEED your baby, uncovered.

People who not only believe that a mother may not breastfeed in public, but who would act against the mother on such beliefs, should be immediately and relentlessly sacked.