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, May 10, 2016
Barbara O'Sullivan's house fire: Delaware County tries to finish the job, seize and kill the third victim of the house fire, Barbara's newborn grandbaby
I will have to do it now.
When somebody threw the explosive burning projectile into Barbara O'Sullivan's daughter's bed the night of Friday April 22, 2016 to Saturday, April 23, 2016, Barbara O'Sullivan's daughter Alecia Bracci was over 8 months pregnant.
Whoever did that wanted to kill Alecia and wanted to kill the baby.
Prior to that, Alecia visited her other child in Ohio, and her other child's father Ryan Adams, who had a history of violence and death threats against Alecia and Barbara, saw that Alecia was very pregnant.
Delaware County authorities ALSO knew that Alecia was very pregnant - after all, Delaware County District Attorney's office subjected Alecia to the stress of the jury trial in February of 2016, when she was very much showing, and based on fabricated charges.
The crazy irony of this was that the newly-hired ADA who prosecuted Alecia - and lost after the jury trial - was her other daughter's former law guardian in the custody case, Sean Becker, former associate of the Cowen Law Firm.
But, no disclosures were made and no disqualification was sought.
Now that the child was born, Delaware County tries to seize the child, without any grounds for it - while it refused to investigate the arson attempted MURDER of that child likely committed by either Alecia Bracci's former boyfriend and father of her older child Ryan Adams or by the County's former Deputy Sheriff Derek Bowie.
Right as we speak, likely based on the call of Ryan Adams to the Delaware County Social Services is causing the Basset Hospital in Cooperstown, NY, to refuse to release the newborn child until and unless Alecia Bracci answers questions of social services.
This is happening while both Ryan Adams and Delaware County and its Social Services may be very much involved in the house fire - especially with the Delaware County Social Services' worker Sharon Reickert-Morgan placing hate comments regarding the house fire on my blog.
Of course, the Delaware County AND the hospital know very well that they may not force a mother to answer questions of anybody claiming that otherwise they will not release the child.
Of course, their claim WHY they are not releasing the child - that Alecia allegedly "lost" another child's custody - is bogus, and Delaware County Social Services know that VERY WELL.
The loss of custody was by a biased and conflicted judge Becker, who relied upon an indicated report that was since VACATED.
Therefore, there is NO basis to seize the child.
And especially there is no basis for Delaware County Department of Social Services to seize the child - because that particular department can finish the job and KILL the child, something that they did not do when the explosive meant for Alecia and the child landed on an empty bed the fateful night of April 22, 2016 to April 23, 2016.
Stay tuned, as I will publish details of this gross constitutional violation.
Sunday, May 8, 2016
Will attorney Richard Harlem be now prosecuted for a federal crime of fraud, for fraudulently adding a party to a lawsuit - like a Jersey attorney was convicted and sentenced?
As said David Mokay in a sworn affidavit.
Since David Mokay never testified in any proceedings where he was allegedly a Plaintiff, over 8.5 years, never submitted any affidavits, and since Richard Harlem fought tooth and claw to prevent David Mokay from having to answer interrogatories under oath, to prevent my husband and myself as my husband's attorney from seeing the original of the retainer agreement, and to prevent our contact with David Mokay, it is clear that David Mokay is telling the truth.
The feds just obtained a criminal conviction and sentencing for 2 years in federal prison against an attorney who falsely added 100 parties to asbestos lawsuits.
Richard Harlem falsely added "just one" party to a lawsuit - which changes only the number of criminal counts.
My question is - when will Richard Harlem be investigated, prosecuted and locked up by the feds?
Richard Harlem's father, the retired Supreme Court judge, died in 2012 and cannot protect Harlem now, and his political connections may be wary of protecting the obvious fraudster, especially in view of the looming shadow of Preet Bharara who already obtained convictions of the two heads of New York Legislative chambers, Sheldon Silver and Dean Skelos, and is now after the New York State Governor Andrew Cuomo.
Richard Harlem's longtime tenant New York State Senator Seward may be wary to offer help to Richard Harlem in view of what happened to Sheldon Silver and Dean Skelos.
And, the recent tendency is to discipline judges for disobeying the law - not so good for sons of judges like Richard Harlem, is it?
So - my question is, when will Richard Harlem be prosecuted by the feds?
Will attorneys Mary Gasparini, Monica Duffy and Andrew Ayers go to federal prison for falsifying court records?
The trio claimed to several courts, falsely, but successfully, that I did not attend a deposition and caused a default of my two clients by not answering a default motion.
The claim brought about my suspension from the practice of law.
Available court documents submitted to the court showed that the deposition and motion in question occurred in 2008 when I was not admitted to the bar.
Therefore, not only I was not required to attend the deposition or oppose the motion AS AN ATTORNEY, on behalf of client, but I was forbidden by criminal law to do that.
Later on, attorney Mary Gasparini submitted to the court fabricated transcripts and attempted to criminally prosecute me when audio tapes of the transcribed proceedings showing that the transcripts she submitted to the court were fabricated ended up online, for the entire wide world to hear.
It has been recently reported that an attorney was sentenced to 2 years in federal prison for falsifying court records.
I am sure Preet Bharara, the U.S. Attorney for the Southern District of New York who is chasing corrupt New York "big fish", can find in his busy schedule some time to prosecute these three people.
I will file a complaint, and will follow up with it, as I will follow up with my previous complaint with Preet Bharara, about corruption of Governor Cuomo and Judge Leslie Stein.
Because in federal law, unlike in New York State law, the attorney general has an obligation to turn complaints of citizens into investigations of the grand juries and may be compelled by court to do that if he refuses.
Alabama follows Wyoming - and a new trend in judicial discipline is born, taking state judges off the bench, from low to high rank, for not following precedents of the U.S. Supreme Court
In that move, Alabama is following the example of the State of Wyoming where the judicial disciplinary board took off the bench Magistrate Judge Ruth Neely for doing the same as Alabama Chief Judge Roy Moore did - defying the U.S. Supreme Court precedent regarding constitutionality of gay marriage.
With the only exception that in Wyoming a low-ranking judge was taken off the bench, while in Alabama they dared to suspend and start removal proceedings against the Chief State judge - for defying a U.S. Supreme Court precedent.
Meanwhile, I have a long list of judges in New York state and federal court defying a long list of U.S. Supreme Court precedents, as I am sure, is happening in other states.
Those precedents they defy are not about gay marriage.
They are about retaliation for contents of protected speech, right to work and due process.
Since the tendency started, I suggest constitutional referendums in New York and other states replacing lawyer- and judge-controlled disciplinary boards for judicial discipline by citizen panels composed of citizens without any professional, social or familial ties to the legal profession or the judiciary.
Such panels can, for free, without any budgets, start reviewing non-compliance of the state judiciaries, with mandatory precedents of the U.S. Supreme Court on important civil rights issues.
I am sure people will be enthusiastic about the topic and no additional infusions from the budget will be needed for such an endeavor.
Which state will be the first?
I will surely ask the NYS Commission for Judicial Conduct to revise some of their decisions not to discipline certain judges, in view of the encouraging examples of judicial disciplinary boards in Wyoming and Alabama.
Way to go!
Friday, May 6, 2016
Wyoming is not Kentucky - not at all
And, Kentucky even changes rules removing clerk's names from marriage licenses to accommodate Kim Davis' requests to honor the clerks' religious beliefs in doing their service to their constituents, both religious and not.
In Wyoming, on the other hand, they removed a judge from the bench who refused to marry gay couples because of her religious beliefs.
Wyoming is surely not Kentucky.
And, the territories allowing bigotry of public officials, at least in some areas, is rapidly shrinking.
I wonder when punishing people for free speech by public officials will be deemed bigotry as atrocious as denying marriage licenses to gay couples.
I hope it will happen on my lifetime.
One can always hope.
Barbara O'Sullivan's house fire: Troop C is still not in compliance with Public Officers Law 66-a
Yet another murderous Delaware County (NY) cop? Who would think...
Well, at least former Deputy Sheriff Theodore Tiska was indicted.
Yet, there is another former Deputy Sheriff of Delaware County, NY, employed by the Deposit Police Department, armed and on the loose, who attempted to kill two women, on January 16, 2013 and on September 5, 2014, and was never prosecuted (because his uncle works as an investigator in the local District Attorney's office).
Derek Bowie likely attempted to kill Kylie Smith on January 16, 2013 - judging from court papers - by first fracturing her ribs and then sitting on them and shifting his weight on them, which could cause the ribs to penetrate Kylie Smith's heart or lungs or other vital organs.
And, Derek Bowie attempted to kill Barbara O'Sullivan by ramming a police patrol vehicle back into her while she was videotaping Derek Bowie's misconduct with a tablet.
Neither of these assaults and attempts to murder were investigated by the Delaware County District Attorney's office employing Derek Bowie's uncle Jeff Bowie as an investigator.
Instead, Barbara O'Sullivan was criminally prosecuted - charges against her finally had to be dismissed in February of 2016, but then her two dogs died and her house burned down under suspicious circumstances, where she is lucky she escaped alive, and nobody is investigating that either.
What else is new in Delaware County, New York...