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.


Thursday, May 14, 2026

An alternative CPLR course is offered by Delaware County's litigation counsel Frank W. Miller at taxpayers' expense - the frivolous use of the CPLR

The course is short.

If you see The Frivolous Being using the CPLR - catch her and sanction her!




And a yet another Miller's requests for sanctions (rejected as a late filing)! And it is not even Friday night yet!

It looks like Delaware County litigation counsel Frank W. Miller is seriously going bonkers.  Now is seriously trying to justify to the court that it is ok to execute (sorry - just sanction) my husband for association for the likes of me, who filed a grievance complaint against him - I wrote about it here.

I now have serious concern about Mr. Miller's well-being.

Maybe - time to retire?  Unlimited Scotch does that to people.





Is talking out of both sides of your mouth (and under oath, too) a good thing, Town of Delhi Supervisor Maya Boukai?

I am currently suing the Town of Delhi, NY - as a property owner and taxpayer - to invalidate the 2026 Town budget.  

Just received a verified Answer by Town of Delhi Supervisor Maya Boukai - sworn in the form of an affidavit.

Found a lot of interesting things.

First of all - the Town of Delhi, at the same time, 

  • just published the tentative assessment roll of 2026 listing me as owner of multiple properties within the Town of Delhi - which the Town of Delhi assessed (and I am suing the Town of Delhi for that assessment since 2024: a stop occupancy order on the door - and tax-assessed as hale and hearty fully functional family residence/ office);
and
  • the Town Supervisor Maya Boukai submitted to the court, under the penalty of perjury, a statement that she "lacks information to form a belief" whether I am or am not the owner of several properties in the Town of Delhi.

So - I am confused: will Boukai tax-assess me this year or not?

Or is it Boukai confused about my property ownership while taxing me and being sued for wrongfully taxing me - and unlawfully exceeding the tax levy cap?

Here is a summary of what she is saying.  Idk - she is REPRESENTED BY COUNSEL, FOR GOD'S SAKE!  Do lawyers for the Town of Delhi even think what they put before the court - a false sworn statement (and that's just one of them!)



If Boukai is THAT confused - what is she doing as the Town's Chief Executive Officer?


Why is Frank "The Procedural Drama Queen" Miller, Esq. after me with harassment in court? - Easy-peasy. I FOUND something - the WELCOME RICH NEIGHBOR POLICY IN THE POVERTY STRICKEN TOWN OF HAMDEN

Here is what I found:



And this is the Delaware County litigation counsel's reaction to it:




By trying to have all kinds of courts in all kinds of cases for all kinds of reasons to rain fire and brimstone on me, he - doth - protest - too much.

You know why?

His client Wayne Marshfield is LYING to the public - there is no such thing as 20% equal assessment across the board in the POOR (Census) Town of Hamden.

There is instead a WELCOME, RICH NEIGHBOR policy where those same properties recently sold "for big bucks" (Marshfield's statement to the public, not mine) that Marshfield is using as a justification for a 20% tax assessment, are then given HUGE tax breaks - reaching 81% BELOW the sale property value.

Marshfield is this shifting the tax burden to locals and ROBBING THE LOCAL SCHOOLS of taxes.

Taxpayers of the Town of Hamden - file grievances with the Town Board of Assessment review by the Grievance Day - May 26, 2026!!! 

FOR INEQUALITY OF TAX ASSESSMENTS!!!

CONTESTING SUPERVISOR MARSHFIELD'S not-too-little WELCOME, RICH NEIGHBOR policy at the expense of the locals!!!!







Tuesday, April 28, 2026

King Baker and his disgusting graces

 

A letter the NYS 6th Judicial District's "supervising judge" Christopher Baker sent to two disabled parents of an honorably serving U.S. soldier - in retaliation for my three recent blogs about him:

here

here, and 

here

for anti-discrimination lawsuit against him

here, and

here

 - in one of them, Judge Baker not-so-smartly-or-competently defaulted (and obviously blames it on me), and for a lawful a request for a disability accommodation:



Note that the judge represents that providing disability accommodations REQUIRED by mandatory federal law - Americans With Disabilities Act: specifically, allowing two invalids to appear in court remotely rather than be made to travel 1,700 miles roundtrip from South Carolina to New York for mundane motion hearings - as a big favor that he gave us as an exception (notably, he gave it to us only after I filed with the court the photograph of pools of blood from my husband's ruptured veins).

Notably, the judge pretended not to know of any other disability that we had - even though such disabilities were documented and filed with the court since 2023: he simply did not want to read.

And, obviously, the judge does not know that if he does not have enough information - regulations require him to SEEK it, not to deny accommodation outright - and in such a snotty way he did.

OK - we filed an administrative appeal for denial of disability accommodations.

Here it is - maybe, it will help somebody else, too.









I will publish any responses to this appeal.  I am sure, Judge Baker - and other NYS judges - discriminated not only against us as disabled litigants, since NYS Court Administration disclosed to me in response to a FOIL request that NONE of NYS judges are trained in handling disability accommodation requests.

That shows, big time, in today's snappy disrespectful letter of "supervising judge" Baker - the one who got elected by telling electorate how he "served" the disabled 



The hypocrites.

Polished.  Sleazy.  Incompetent.  Uppity.  Disgusting.









Some of Justice Joseph A. McBride's reversals

 


Below is a table of some of Justice Joseph A. McBride's (Chenango County Supreme Court, New York) reversals when he was a District Attorney and in his current capacity as Supreme Court Justice.

This is "competency" of a judge who is allowed by law to take away your property, your liberty and the custody of your children.

By the way, New York State law does not provide for any safeguards for competence of judges when they are elected to the bench - no exam for the position of a judge, as they have in other countries.

You simply need (1) a heartbeat;  (2) a law license (which will never be revoked for a prosecutor, no matter what he does - a separate Commission for Prosecutorial Conduct, a fairly toothless entity, was created in New York specifically because appellate divisions refused to discipline prosecutors;  and (3) your own vote when you run unopposed.

The catastrophic results below is the consequence of such laws.

Where McBride was a prosecutor, the decisions reversed were of the presiding judge, not of McBride himself - but the judge is siding with McBride's prosecutorial misconduct, which is what led to reversals.

Where reversals are of McBride as a judge - McBride's own mistakes are self-evident.

The summaries of the cases below are short - you can read the entire cases for yourself by clicking on the links.



Year

Role

Case

Specific Appellate Finding (What Was Done Incorrectly)

Result / Gravity

2006

Prosecutor

People v. Wlasiuk, 32 A.D.3d 674

Introduced extensive prior bad act (Molineux) evidence without proper analysis; admitted hearsay (victim’s writings) without foundation; allowed expert to act as conduit for third-party report; engaged in summation conduct including expressing personal views, calling testimony “lies,” and maligning defense counsel

Severe – conviction reversed; new trial

2006

Prosecutor

People v. Van Deusen, 7 N.Y.3d 744

Failed to ensure defendant was advised of mandatory postrelease supervision before plea; plea deemed not knowing and voluntary

Severe – conviction reversed (Court of Appeals)

2006

Prosecutor

People v. Dalton, 2006 NY Slip Op 01410

Charged criminal solicitation where it was legally incidental to the underlying offense; drafted counts covering multiple acts over long periods, making them duplicitous

Severe – multiple counts dismissed

2007

Prosecutor

People v. Bruning, 2007 NY Slip Op 09444

Allowed sentencing beyond agreed plea range after defendant expressed intent to appeal; plea terms not honored or properly conditioned

Severe – sentence reversed; remitted

2008

Prosecutor

People v. Littebrant, 2008 NY Slip Op 08208

Secured conviction under statutory theory (physical helplessness) not supported by evidence (victim not unable to communicate unwillingness)

Severe- count dismissed

2011

Prosecutor

People v. Elwood, 2011 NY Slip Op 00289

Obtained conviction on a charge fully subsumed within another offense (same weapon element used for both counts)

Severe– count dismissed

2017

Prosecutor

People v. Rose, 2017 NY Slip Op 08217

Argued legality of police escalation based on proximity and behavior alone; court found facts insufficient to meet De Bour thresholds for inquiry and pursuit

Severe – suppression affirmed

2022

Judge

107 S. Albany St. v. Scott, 211 A.D.3d 1380

Dismissed claim based on absence of guaranty despite claim being for breach of fiduciary duty; accepted unpreserved standing argument

Severe – reversed; remitted


2024

Judge

Cancilla v. O’Rourke, 232 A.D.3d 1175

Failed to apply proper summary judgment standards; permitted reliance on improper procedural mechanisms to resolve disputed issues

Severe – reversed in part

2024

Judge

Katleski v. Cazenovia Golf Club, 225 A.D.3d 1030

Denied summary judgment despite dispositive legal doctrine (assumption of risk) resolving claim as a matter of law

Severe – reversed; complaint dismissed

2024

Judge

Mormile v. Marshall, 233 A.D.3d 1270

Failed to follow mandatory jury selection rules (peremptory challenge sequence); structured verdict sheet so jury did not reach required legal questions

Severe – reversal; new trial

2024

Judge

Szypula v. Szypula, 42 N.Y.3d 620

Classified property based on origin rather than statutory rule; failed to apply commingling doctrine under Domestic Relations Law

Severe – reversed (Court of Appeals)



Had to file a complaint against Justice Joseph A. McBride, of Chenango County Supreme Court (NY), and am starting a series of articles about this judge - and his misconduct, as a DA and now as a Judge

I have just published an article about Chenango Supreme Court Justice Joseph A. McBride's shenanigans as a DA in a murder case - securing three murder convictions when he likely had no right to obtain even a single indictment in the case because he was disqualified to be present in the grand jury room due to his and his office's familial connections.

The first murder conviction was overturned because DA McBride "maligned" (appellate's court's words, not mine) my husband who was defense counsel.



By the way, the claim in this article that Wlasiuk "lost ANOTHER bid to have his conviction overturned" is glaringly false - Wlasiuk did have the appellate court overturn the conviction TWICE.

At this time, "Justice" McBride cannot stop pursuing my husband and now me because my husband complained about McBride when he attempted to get assigned to our case in 2023 and retaliated against us, and because I blogged about it, too.

So - I complained about him to the Judicial Conduct Commission, and am publishing the complaint here, with attachments I sent with the Complaint, which are self-explanatory:

(1) E-mail complaint to the New York State Commission for Judicial Conduct against Chenango County Supreme Court Justice Joseph A. McBride:

(2) My Affirmation under the penalty of perjury interlinking documents showing the tricks Justice McBride was doing in 2023 - and now in 2026: ex parte communications, filing false court orders, advocacy on behalf of politically connected non-parties;

(3) my letter filed with the court requesting recusal of McBride and requesting to stop the advocacy for Attorney Frank Miller (not an attorney of record as of April 3, 2026) and his purported client Wayne Marshfield (who Frank Miller represents at the same time as he is hired to investigate and prosecute that same Marshfield, as showin in depositions in Decker advertisement case, 3:23-cv-1531 (NDNY).

(4) Exhibit 1 to the letter - scheduling of the conference where Justice McBride tries to force me to interact with the serial harasser Miller who I am suing - and he retaliates by any unlawful means;

(5) Exhibit 2 - letter from Justice McBride's chambers copying attorney Miller, who is not an attorney of record as of April 3, 2026, amendment of the complaint as of right that dropped his supposed client;

(6) my husband's lawsuit against attorney Gerard Misk describing, on pages 6-9, Justice McBride's cruel and fraudulent shenanigans against my elderly and disabled husband, in retaliation of winning agaisnt Justice McBride as a DA, many-many times;

(7) my blog from December 9, 2023 - I will simply interlink it here - publishing my husband's complaint against Justice McBride.

Justice McBride is retaliating against me for that complaint to the point of not doing what he is supposed to do on the assigned case - getting nullified motions off the calendar - but actively catering for Attorney Miller and his law firm where the firm belongs to Timothy Murphy, brother of Chief Administrative Judge of Upstate New York - and to a bunch of relatives of NDNY judges.

Nothing unusual - about NYS court system.  Right?

I will, next, publish a description of reversals of this judge, including recent, and frequent, reversals - does not paint a picture of high competence, I can tell you ahead of time.