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 25, 2016
A criminal complaint was filed against #DelawareCountyClerkSharonODell and the #DenningTownJusticeJonathanSFollender for knowingly entering a false, fabricated multi-thousand dollar judgment contrary to a court order
So, attorney Jonathan S. Follender practices law, and is a judge in the Town of Denning, Ulster County.
Yet, off the bench conduct of judges is reviewable by the New York State Commission for Judicial Conduct, and it is a relatively frequent occurrence that judges of justice courts are taken off the bench because of their conduct as private individuals, if that conduct reflects on their fitness as judges.
Criminal conduct of judges, whether on or off the bench, certainly reflect on their fitness, and the Delhi Village Police, as well as the Delaware County Sheriff's Department (in New York) received yesterday, by certified mail, my sworn criminal complaint against the #DeningTownJustice #JonathanSFollender and against the #DelawareCountyClerk #SharonODell and her personnel - for filing a fraudulent judgment contrary to a court order.
The court order allowed Jonathan S. Follender to enter a money judgment against me of $1,750.61 plus "allowable costs". Follender claimed that his costs are $740. I will appeal legality of that judgment, but that's not the point here.
The point is that attorney Jonathan S. Follender was allowed by the court, by order of July 18, 2016, to enter only a money judgment for $1,751.60 plus "allowable costs", and the costs claimed by Follender were $740, so the total of the judgment that Follender could enter was $2,491.60.
Follender offered for filing a judgment, and Delaware County Clerk Sharon O'Dell or personnel working under her supervision accepted and entered, with Sharon O'Dell's signature, a money judgment of $10,961.60, plus 9% interest, $8,470.00 plus 9% interest more than the court authorized.
That judgment was knowingly entered despite the fact that another $8,470.00 judgment plus 9% interest remained docketed against me by Follender in the same case, while Follender just received satisfaction of that judgment out of the court's escrow.
Sharon O'Dell personally took that money from me and put it into escrow, and Sharon O'Dell had on file, when entering the SECOND judgment for $8,470, not authorized by court, both the first judgment for the same amount, already satisfied from the escrow, and the "Turnover Order", releasing the amount of the first judgment from the escrow.
So, now instead of one outstanding judgment of $2,491.60 authorized by the court (with the first judgment for $8,470 satisfied out of escrow), Follender, in collusion with Sharon O'Dell, has THREE judgments filed and pending against me for the total amount of $19,431.60 plus 9% interest, nearly 10 TIMES MORE than the court authorized.
The fraudulent judgment was filed by Follender and entered by O'Dell on September 26, 2016 in the office of the Delaware County Clerk's office in the case Neroni v Follender, Index No. 2013-331, in defiance of the court order of July 18, 2016 in the same case.
That is a crime of fraud, fraud upon the court (for Follender, who is an attorney), and of knowingly filing a false public document.
I also filed an impeachment demand against the Delaware County Clerk Sharon O'Dell with the Chairman of the Delaware County Board of Supervisors James Eisel,
and, against Jonathan S. Follender, I filed, in addition to the criminal complaint,
an attorney grievance complaint - because padding a judgment authorized by the court with an additional amount not authorized by the court is a fraud upon the court and a disbarring offense, and
and a complaint to the New York State Commission for Judicial Conduct, asking to suspend Follender from the bench immediately, pending investigation and prosecution (the documentary evidence of his fraud is irrefutable), and to ultimately take him off the bench and prohibit him to ever be a judge again.
I will announce how these complaints are progressing.
Attorney Follender also sent the fraudulent judgment to another state, which is a federal crime of mail fraud, so if the State of New York does not prosecute him because he is a judge and has other judges in his pocket, the feds might.
Stay tuned.
Monday, October 24, 2016
The artist sued for denying that he is the author of a painting, won the lawsuit - but on the "alibi" evidence, not on the law, which is a dangerous trend
The claim was made by the initial alleged buyer of the painting that he allegedly bought it from Peter Doig when he was incarcerated in Canada for possession of LCD.
Peter Doig provided "alibi" evidence that he was in school, not in prison, in 1976, the time of the alleged purchase.
More evidence was provided that the painting was made by a now-deceased Canadian carpenter Peter Doige.
Yet, what is scary is that the lawsuit was not dismissed outright, simply because the artist denied he painted the picture - and had to go to an evidentiary hearing.
That means, that more of such lawsuits are possible, and that is an extremely dangerous trend.
If a person denies that a certain work of art is his, that should be the final word in any "determinations" of authorship.
Good faith enactments turned into nightmares based on money interests - and the need of citizen panels for statutory retention reviews
But, there are people, including judges, who consider it ok to follow that law.
Adoption and Safe Families Act, introduced in 1997 to allegedly help children not to linger in foster care for too long without permanent families and provided money to terminate parental rights in child protective proceedings faster, and that allows payments to the states of thousands of dollars per each child for the increased number of adoption of foster care children,
caused not only
- increased removal of children from parents on fabricated charges, especially in areas where there are less children - and thus less "cash cows" to grab, but also, as it appears
- increased infant mortality FOUR TIMES - after a steady decline in infant mortality that was, before enactment of Adoption and Safe Families Act, the lowest in the world - on par with Canada, at around 7 infant deaths at birth per 100,000 births;
While state laws do not make a distinction in the child's age in the procedural speed of termination of parental rights, and parental rights are constitutional rights not to be easily severed, federal law specifically provides for payments for doing just that - making separation of newborns from parents faster.
Of course, newborns and babies under 1 year old, with no memory of their parents yet, are the best "adoption material".
So, under the guise of protecting unborn babies, pregnant women are arrested and kept in detention across the U.S. on charges of "fetal neglect" - and in reality, to keep them in jail until delivery so that they would not escape, and so that the state can snatch the child from the mother at birth, get the federal grant money for fast-track adoption, and give the child to adoptive (richer than the mother) parents - all while claiming that all "procedural protections" for the mother and the child are observed.
While federal money buys fast-tracking adoptable babies into the hands of adoption parents, in reality it means that mothers are discouraged from getting prenatal care and hospital delivery, mortality rate of mothers and infants rises, and there is, of course, no fairness in snatching babies from the poor and giving it to the rich-er adoption parents.
Sunday, October 23, 2016
To first enhance the oath of office for lawyers - and then to break it: that's what you can expect from the "honorable" organized bar. The case of Arizona Bar's loyalty amendments and "Public Service Center"
A chart from that study shows that the public considers lawyers as a variety of competent prostitutes:
Yet, lawyers continue to claim themselves to be "the honorable profession", and judges (who are also lawyers) continue to put the "Honorable" as a required job title, claiming a "presumption of integrity", at the same time as they claim absolute immunity for their malicious and corrupt acts on the bench.
Lawyers were some of the least-trusted professionals, according to the public opinion.
In June of this year I wrote about the joint letter written by the Federal Trade Commission and the U.S. Department of Justice, this letter.
In that letter the FTC and the US DOJ said this:
referencing their former comments to the American Bar Association back in 2002-2003:
And, in the ABA Comments in 2002-2003, FTC & US DOJ said, among other things (you can read the full comments of FTC & US DOJ to ABA here), the following:
So, the American Bar Association, a non-profit that participates in regulation of the legal profession by imposing educational standards of lawyers upon the states through certification of law schools, acknowledges, as FTC and US DOJ does, that "defining the practice of law has been a difficult question for the legal profession for many years".
Now, even if lawyers find it difficult - for many years - to define what the hell it is that they are doing for money -
- how can an average citizen, untrained in the law (but presumed to know the laws - remember, lack of knowledge of the law is no defense in a criminal prosecution for unauthorized practice of law), know what the practice of law is, so that not to engage in "prohibited conduct" and so that not to commit a crime of unauthorized practice of law (UPL);
Both the oath and the creed also say a lot of lofty words about supporting "fair administration of justice" and providing services to those who cannot afford legal representation.
After saying all of that, the Arizona State Bar established a Public Service Center - while allowing, reportedly, only 2 minutes of comments from lawyers BEFORE the program was announced, and without any public bidding for the service that the third-party provider, Legal Services Link, LLC, was allegedly providing through that Public Service Center.
The Public Service Center was established - as declared by the Arizona State Bar - for the noble cause of connecting the lawyers with the clients, and promoting pro bono service.
Yet, the "Public Service Center"
1) replaced a similar service of Arizona State Bar already in place, for which previously lawyers' money was expended (and, surely, all lawyers' costs were passed to clients in fees); and
2) competed with county lawyer referral services.
Moreover, while Arizona State Bar claimed that it will cost $300,000 for the Arizona State Bar to run the Public Service Center through the 3rd party provider, Legal Services Link LLC, Legal Services Link LLC reportedly announced on the website of the Public Service Center that, on the contrary, the "service" is free to Arizona State Bar and that Arizona State Bar will actually be paid revenues from operation of the Public Service Center, here is a comment about it by a reader of the Irreverent Lawyer blog:
So, with all the pandering to its members for candor and enhancing their trustworthiness, reinforced by "oaths" and "creeds", the management of Arizona State Bar demonstrated that it is a group of crooks, out to scam the ordinary members of the association.
The "public trust" chart was correct, it appears.
Taxpayer funded research should be accessible for the public for free - at EveryCRSReport.com
A lot of taxpayers' money is given out in various grants, for various types of research.
If you pay for something, you own it.
Right?
Wrong. Many times, the government, or those third parties who do research based on government-funded grants, still either claim copyrights to the work, or, if research was made for the government, the government denies access to results of research or tries to charge people seeking access a fee for such access.
A group of individuals with support of undisclosed "Republican and a Democrat member of Congress" claims to have made federal taxpayer-funded research public.
Publications on EveryCRSReport.com are reportedly split into 31 categories, with RSS feed available on them, so that people who want to follow Congressional research of a certain topic have an ability to follow reports on that research.
Whether all of such research was made public, and whether it any special interests are involved in such publication, I do not know.
Yet, it may prove a valuable information resource to the public, and such a publication is a yet another step towards transparency of the government.
Saturday, October 22, 2016
Did Indiana Judge Michael Hensley deny an arrest warrant of a dangerous stalker (that resulted in the victim's death) because the victim was the stalker's estranged wife? $500.00. That's how much Laura Russell's life was valued at by an Indiana court.
A stay-away order of protection was issued at that time.
The man violated the stay-away no contact order of protection by continuing to stalk his estranged wife.
The estranged wife reported his stalking to the police.
When court orders are violated, that is contempt of court, a separate crime.
When a stay-away order of protection is violated, that is a separate crime, and is especially dangerous in view of the August charges - strangulation and battery.
Imagine that the man strangled and hit somebody other than his wife - a stranger, a co-worker, a neighbor.
And, that the man would have violated the order of protection and continued to stalk that co-worker or neighbor.
He would be immediately arrested and brought before court.
But here, the victim was his wife.
And the male judge decided to go easy on him - and simply issue a "summons" to appear in court, based obviously on the wife's report.
That brought the man over the edge - and he stabbed his estranged wife to death.
That blood is on the hands of #JudgeMichaelHensley.
Judge Hensley did not apologize, but he issued a statement expressing condolences to the victim's, Laura Russell's, family, and stated that in the future he will hold a hearing as to the arrest warrant the same day the application is made, to prevent similar tragic consequences.
Those condolences will not bring the 44-year-old mother of a young daughter back to life, to her child, her family and her friends.
On August 20, 2016, a month and a half before her death, Laura Russell reportedly escaped the strangulation attempt and beating at the hands of her abusive husband, fled to neighbors and reported the crime.
Criminal charges were brought against the husband.
It is a wonder why the husband was not kept in jail in view of dangerousness of his behavior.
Allegations were made by the victim already then indicating that the husband was a dangerous control freak:
" The woman also told police she called 911 for help, but Anthony Russell disconnected the call. When dispatchers called back, Anthony Russell said everything was fine.
Laura Russell told police that morning that she attempted to use someone else’s phone, a second phone she owned and attempted to get her car keys to leave during the incident, but her husband took away the phones and keys."
It was unlikely that a "no contact" order of protection would deter such a determined control freak who obviously looked upon Laura Russell as his property.
Of course, the husband claimed that the wife was drunk, came home late and was the aggressor. The question is, why would a "drunk aggressor" run away to neighbors trying to escape from the husband?
The husband was released on a $500 bond and a no contact in August of 2016.
In September of 2016, "a Level 5 felony count of criminal confinement and misdemeanor counts of interference with reporting a crime and battery were added to the case by prosecutors."
And, the husband was still not arrested and was not kept locked up to protect the victim.
Laura Russell specifically asked the court "that Anthony Russell not be allowed to possess guns, knives or other weapons that could cause bodily injury."
That is the usual requirement for an order of protection.
I am not sure whether that request was granted or not, but for some relentless control freaks, such as Anthony Russell showed to be, an order of protection, and even an order not to possess knives or guns, is nothing but noise.
In June of 2016, the husband filed for divorce, but then quickly withdrew his filing, and the divorce case was dismissed.
After the strangulation episode on August 20, 2016, Laura Russell reportedly filed for divorce on August 24, 2016 - which also was not taken into consideration for purposes of protecting her from her stalker and abuser.
There were multiple witnesses who saw Anthony Russell, on multiple occasions, violating the no-contact court order of protection - following Laura Russell from lunch with friends, from the school where she picked up her daughter, to the gym - and Anthony Russell left before the police arrived, so the police did the right thing and applied, through prosecution, for an arrest warrant - which Judge Michael Hensley denied without a hearing.
Here is what the prosecutor reportedly said about what happened:
If everybody knew that Laura Russell was at risk of BEING KILLED, for God's sake, because she was leaving her abusive partner - why didn't the police start surveillance of Anthony Russell, even if the arrest warrant was denied?
Wouldn't that have saved Laura Russell's life?
Now everybody involved can "express condolences".
But the woman is dead.
And I cannot shake the nagging feeling that she is dead because everybody involved did not exercise the same amount of caution which they would have if Laura Russell was not Anthony Russell's wife.
The perception remains that our court system, especially male judges, like it was in this case, continues to act on implications that
- wives are husbands' property,
- husbands can do whatever they want with them, and that
- wives are not to be believed when they are claiming physical abuse and danger of death at the hands of their abusive husbands.
Friday, October 21, 2016
How occupational licensing can turn a democracy into a theocracy: Great Britain yanks a medical license for dissemination of the "wrong scientific belief"
That's again, in a religion.
Science progresses by putting to the test of proof-by-evidence any hypothesis offered in any specialized field of knowledge.
In a democratic society, people supposedly have freedom of speech on issues of public concern, and nobody is expected, much less mandated by the government to hold certain beliefs.
A requirement that a citizen must hold certain beliefs on the fear of penalty from the government is the feature of a tyranny, not a democracy.
Enters occupational regulation.
In the United States it has become routine to punish people for contents of their their opinions, whether professional or political, by yanking their occupational licenses - and depriving them of their ability to earn a livelihood for themselves and their families.
I wrote on this blog about the epidemic of sanctions against attorneys for their criticism of judges, including criticisms made as part of attorneys' professional opinions, in pleadings.
If you want to practice law in United States, you must keep your mouth shut as to judicial misconduct being committed in front of you, or you will be made to starve - because not only your law license will be yanked but, according to information that I have from various disciplined attorneys, you will be denied or made difficult to receive certification or licensing in other regulated professions, from taxi driving to insurance agents.
And, I wrote about the recent petition for a writ of certiorari to the U.S. Supreme Court of a financial advisor in Nebraska who was fired because of his political statements, so the Nebraska State Department of Banking and Finance put pressure on his employer to regulate his out-of-office political speech, or fire him. He was fired, with no recourse from the courts so far.
So, if you want to earn a living as a financial advisor in Nebraska, you cannot hold political views such as Robert Bennie had, and especially you cannot express those views publicly.
Great Britain now jumped into the fray with a shameful decision to revoke license to practice medicine from a well-known and experienced doctor - because she dared to claim that the so-called "Shaken Baby Syndrom", the way doctors diagnose babies as having suffered from being shaken by their caregivers - is not based on evidence.
Of course, as of 2011, experts in the U.S. were still debating whether the "Shaken Baby Syndrome" as a diagnosis is, indeed, scientifically valid.
And, as of 2015, scientific evidence emerged that symptoms associated with the Shaken Baby Syndrome, the so-called "triad" of symptoms:
- bleeding on the brain’s surface,
- swelling of the brain and
- bleeding behind the eyes -
- long-ago injuries;
- stroke in utero (before birth).
Now, can this "triad" of symptoms, in a specific case, actually be caused by shaking the baby, a definitely criminal conduct?
Of course, it can.
The only thing the experts say is that the "triad of symptoms" cannot, APART FROM ANYTHING ELSE, used as exclusive proof that the baby suffered from shaking.
All that is needed is more evidence, evidence other than the "triad" symptoms.
But more evidence is not what the lazy social services or criminal prosecutors want - they want easy convictions, or easy adjudications of child abuse and neglect, and for that they need experts rubber-stamping whatever "syndromes" that are necessary to bring about those convictions and child abuse adjudications, whether the "syndromes" are based on science or not.
Many careers of experts, budgets of social services are based on quick and plentiful adjudications of child neglect, yanking children from parents, placing them into foster care and then adopting them out of foster care.
The industry of child protective services is a big industry and it will not yield easily to somebody who want to undermine their livelihood - by, for example, putting in doubt the "sanctified snake oil" theory such as the Shaken Baby Syndrome.
And, when the government controls the livelihood of the expert through professional licensing, it is easy to at least try to put the unruly science into the necessary grove.
But wait, didn't the government, the religious government, try to control science this same way in the past?
In 1642, the great philosopher, astronomer and engineer, Gallileo Gallilei, died in prison at the age of 77, condemned by Catholic church for heresy.
The heresy was, among other things, denying the fact that the Sun revolves around the Earth.
Not only Gallilei was condemned during lifetime and died in prison, but his body was not allowed to be buried where people wanted it - in the front of a cathedral - because of disapproval of the "heretic" by the Pope.
Yet, the Earth revolves around the Sun, whether the Catholic Church - or anybody else - disapproved of it, then or now, or not.
Eppur si muove (and yet it moves) - the words attributed to Gallileo - came to mean simply that scientific theories must be judged on the facts, not beliefs.
Yet, recently, Great Britain has yanked the medical license of a well-known and respected physician, Dr. Waney Squier, simply because she, based on 15 years of personal research, put in doubt that the "triad" of symptoms allow to exclude other causes and definitively diagnose the "Shaken Baby Syndrome".
Reportedly, 350 doctors, scientists and lawyers are protesting revocation of Dr. Squier's license.
The interesting part is that the license was revoked because of alleged "dishonesty" - meaning that the British government now claims to hold the ultimate truth on the scientific issue of whether the "Shaken Baby Syndrome" is or is not supported by scientific evidence.
350 experts say it doesn't.
The Medical Council in Great Britain says it does - and yanked Dr. Squier's medical license, so that she would not be able to look into the ACTUAL causes of the "triad" symptoms instead of rubber-stamping child protective and criminal investigations and prosecutions against parents.
And, the interesting part is that those experts who deny scientific validity of the Shaken Baby Syndrome no longer give evidence in court because they are "afraid of possible consequences" - which says a lot about impartiality of such court proceedings when the government requires a scientific expert to testify in the vein favoring the prosecution, or lose their licenses and livelihoods, as it happened to Dr. Squier.
It all boils down to three things:
1) the actual cause of the "triad" symptoms will not change because prosecutors want them to mean misconduct by parents or caregivers, and bringing about wrongful convictions will not help either the society, or the parents, or children who suffered such symptoms - possibly, not because of misconduct by parents or caregivers, but for other reasons;
2) occupational licensing is supposed to protect consumers of services, and channeling a doctor into having to diagnose a cluster of symptoms the way expected by criminal prosecutors in order for the prosecutors to win cases, does not help the patient to obtain the proper diagnosis - and proper treatment;
3) a government that mandates BELIEFS of any kind, including the belief in the validity of the Shaken Baby Syndrome (as the Catholic Church mandated belief that the Sun is revolving the Earth in Galilei's time), is not a democracy, it is a theocracy.