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, July 16, 2015

Tampering with trial exhibits is the privilege of chosen attorneys? The saga on trial exhibits spans more than one case now

A reader of my blog pointed out  to a problem with trial exhibits that occurred in the reader's court case (reader is pro se, the opponent is represented by a "connected" attorney).

The story goes this way:

the reader was allowed by the judge, as well as opposing attorney, to submit to the judge, after a bench trial, a written summation.

The reader wanted to review trial exhibits (the reader's and the opponent's) to rely upon in the summation.

The court clerk told the reader that (1) the reader could not have access to trial exhibits, but that (2) the opposing party's attorney not only could have access to trial exhibits, but could and did take the trial exhibits out of the court's custody and into the attorney's office.

After the reader took an issue with such inequality of treatment, he was actually given access to trial exhibits, after the opposing attorney returned it to the court.

While reviewing the exhibits, the reader found that exhibits, upon the reader's recollection, were re-marked and re-labeled, the markings put on the exhibits by the stenographer were moved from one exhibit to another.

That's why it is very important to have the list of exhibits created immediately as the trial progresses and have the court clerk file that list of exhibits for public access, or, if the record of the case is private, for access by the parties and their attorneys immediately on conclusion of the trial, and not after the judge makes his or her decision on the case.

That prevents tampering with exhibits and preserves the record for purposes of the appeal - if anybody in the court system is genuinely concerned about these issues.

Yet, the issue remains in that particular case that the trial exhibits for BOTH sides were not given (at least, at first) to a pro se party and were released out of the custody of the court into the custody of the opposing attorney without any record in the court files of doing that - and were returned from the custody of that attorney relabeled, or, in other words, there is a likelihood that the opposing attorney or somebody in that attorney's office tampered with public records, a crime in the State of New York.

Apparently, since that attorney misconduct occurred with the help of the court personnel, and since the attorney in question is one of the "connected" attorneys, I doubt that any discipline will be imposed on any participants in what has happened.

Yet, that's why I suggest to my readers that any and all telephone conversations with court clerks about their cases must be audio-recorded.  Otherwise, you will never be able to prove that access was denied to you and given to the opposing party.

When you record, you at least have an opportunity to catch court clerks unaware, and have them blurp out the truth before their superiors coach them how to lie.

As it happened recently in my case where NYS Court Administration attempted to deny what was already recorded and published, see here (with links to audio recordings) and here (with a full copy of a letter from NYS Court Administration blatantly denying that I was denied access to trial exhibits by the court clerk at the direction of Judge Kevin Dowd and that the court clerk, and not the County Clerk, had possession of those exhibits at all times after the trial, even though the County Clerk should have had them) - as an illustration of how court personnel lies to protect judges committing misconduct.

Once again - only recordings can prove court personnel is lying to protect their jobs and to protect judges who they think they serve (instead of the public who they are hired to be serving, and paid to be serving).

It is lawful in New York to record conversations secretly, as long as the recording person is a party to that conversation.

So - insist on having a list of trial exhibits right at the end of the trial.

Insist on having that list particularly describe marked and admitted exhibits.

Insist on review of trial exhibits in preparation of your written summations, if such are allowed.

Note if trial exhibits were allowed by court personnel to leave the court's custody and go to the custody of "connected" attorneys.

Be vigilant as to the state of exhibits as they are returned from such attorneys' offices, if that happened - look for signs of tampering, document them, photograph them, write about tampering to the court before the court made its decision based on such exhibits.

Preserve your rights. yourselves.  The court personnel sure wouldn't do that for you, at least in New York courts.

Wednesday, July 15, 2015

There are exhibits and exhibits

A question occurred to me - why New York State courts claim that it is somehow legitimate to give back exhibits "of a party" back to that party after trial and before the appeal of the decision that came out of that trial where exhibits from a proceeding bypassing a trial (a motion for a summary judgment) remain in the court's custody and are never returned to the party who submitted it?

What is the distinction that makes one type of exhibits - based on which the court bypasses a trial - non-returnable and exhibits used in a trial to arrive at a decision that is subject to an appeal - returnable before the appeal runs through or is even filed?

Does not seem either fair or equitable to me.

Does seem to me as a violation of equal protection of laws guaranteed by the Federal Constitution which pre-empts any inconsistent state law.

Tuesday, July 14, 2015

The unanimous Younger abstention decision and the four dissents in the same sex marriage case - legislation by judges is ok if judges are high up and have no control over them?

I am finishing my analysis of the voluminous four dissents in the same sex marriage case and will start publishing them shortly, as they give a unique perspective as to the necessity of the U.S. Supreme Court at all, its authority and its excesses of authority, and its influence or, rather, undermining the American democracy.

What I must say as a foreword though is that the dissents are united by accusation of the majority opinion judges of exceeding their authority given to them by the American people.

Yet, all of the dissenters have recently participated in the unanimous decision of the U.S. Supreme Court on the so-called Younger abstention where the Younger abstention - a completely unconstitutional creature of courts that restricts, without authority, jurisdiction of the courts to hear civil rights cases - were allowed to live, albeit in a somewhat restricted format which was immediately expanded right back again by district courts.

I guess, in the minds of  the same sex marriage dissenters - judges Alito, Roberts, Thompson and Scalia - judges can exceed their authority in some cases (that the dissenters approve) and not others.

The question is - do we need such a court at all where judges arbitrarily, often and grossly exceed their authroity and impose their personal view upon the entire country under the guise of "constitutional interpretation"?

Sunday, July 12, 2015

On thoughtful judicial rubber-stamping of human rights violations

I have been reading judicial decisions by the U.S. District Court of Appeals for the 2nd Circuit, in cases involving me as an attorney and/or a party, and civil rights cases where I was not involved in any capacity.

Most of the cases, as I wrote previously in this blog, were rejected without much explanation in "summary" decisions.

My husband and I ventured to ask for the so-called "en banc" rehearing by the entire panel of the court.

With the same result.

The usual template statement in the summary decisions of the 2nd Circuit in civil rights cases affirming decisions of the lower district courts (no matter how unconstitutional those decisions are) are because they are affirming the "thoughtful" decision of the lower court for "substantially the same" reasons.

"Substantially the same" is not the same.

By rules of federal appellate procedure, in pro se civil rights cases the appellate court receives the docket sheet (list of cases) "in lieu" (instead) of the real record. 

According to the unspoken rule of the 2nd Circuit that can fit into two short letters: TL;DR (too long, did not read), it is the clerks who read those pesky civil rights appeals, and it is judges on senior status, most of them over the age of 70 and 80, who "hear" and decide those cases.

Since judges send to the clerks an unmistakeable message that civil rights appeals are to be discarded, they are discarded.

But, to discard a civil rights appeal because the court wants to clear its docket of those pesky civil rights appeals would be too arrogant for even today's utmost level of arrogance of the American judiciary.

So, a template phrase is invented that the case is affirmed on appeal "on substantially the same grounds" as the "thoughtful" decision of the district court.

First of all, where there is a phrase "substantially the same", it is not the same, there are differences, and the court is bound, as a matter of due process of law, to explain the EXACT grounds upon which the appeal is rejected.

Furthermore, ANY decision of a judge, no matter how corrupt, unlawful or unconstitutional it may be, is still THOUGHTFUL, because any judicial writing is a product of THOUGHT.

So, to say that a judicial decision is affirmed because it was THOUGHTFUL is to say that the appellate court DOES NOT CARE what the decision was at all - it will rubber stamp any decision anyway.

So much for civil rights litigation.

Yet, the judiciary does not seem to realize that revolutions are made (and the American revolution that we celebrated on the 4th of July included) where legal remedies for violations of basic human rights are not available.

No matter how THOUGHTFUL those violations are.

Judge Kopf is forced to stop blogging - even though he denies it - because his blog shows too much of the (usual warped) working of judicial minds

Judge Kopf of Nebraska federal court was, probably, the only blogging judge in this country.

Same as blogging for lawyers, it is an "unspoken taboo" to spill the guts of the "workings" (or, rather, "non-workings") of the judicial system in the U.S.

My blog, which has recently reached and exceeded 200,000 views from around the world, is an illustration of how spooked the subjects of the criticism are - I was even charged for criminal contempt and the object of my criticism asked the court to put me in jail for what I had an absolute right to do, discussing my own case, and incompetence, laziness and sheer, let's say, irrationality is the polite word, of the people who handled my case, on the judicial and prosecutorial side, in the open.  Blogging on issues of public concern is protected by the 1st Amendment - isn't it?

Including Judge Kopf's blogging.

Yet, Judge Kopf did a lot worse to the judicial system than I did.

When I criticized the judiciary, the judiciary could defend by saying that it is just my opinion, and my opinions are - check from a long list of swear words for the one that would be fitting as to how bad and incompetent my opinions must necessarily be (since they criticize the judiciary, they must be incompetent).

Judge Kopf did an indefensible thing by actually revealing the though process of the judiciary and subjected the judiciary and his court to public scrutiny, criticism by scholars and the press, and jeopardized new and old cases pending in court where he participated, due to his publicly announced prejudices and prejudgments.

The rule of courts pertaining to judges - you are immune for malicious and corrupt behavior, do whatever you want to do, but BE DISCREET!  It is usually the rule of thieves, of course, but, if the shoe fits...

Judge Kopf lifted the veil of the so-called "judicial deliberation", the sacred cow of the judicial system.

How many things are dumped and explained away because of the "judicial deliberation".

When a judge refuses to recuse and says that he "examined his own conscience" and found that he can remain impartial (even if it is obvious to any reasonable impartial observer that it is an outright blatant lie), that decision is usually assigned to "judicial discretion" and the "deliberative process" of judicial thinking is usually affirmed by appellate courts.  After all, there is no record of the "deliberative though process" of judges and there is no way to X-ray their conscience to see whether they reviewed anything, whether they have a conscience to review and consult, and whether, after review of this intangible substance, what they are saying is true.

Once again, Judge Kopf did a lot worse than that.

Judge Kopf actually reveals his views - which, judging by judicial decisions that I reviewed in my career as a legal assistant, law student and then attorney - does not seem to be so much off mainstream of "judicial thinking", at least what glimpses of this "thinking" is available through such decisions.

Judge Kopf instead just spelled out what other judges were too timid or secretive to express.

Judge Kopf is the one who revealed that he would have not one, not two, but three reasons why he would allow an execution of an innocent person to proceed, and one of those prominent reasons would be - he waited too long.  Meaning - those pesky people bothering the judge with their pesky rights, including a right to life - why wouldn't they judge go away and not take the valuable judicial time.  They waited too long, they sat on their rights and now they want what - to live? How ridiculous.

This is the judge, by the way, who gave "advice" to female litigators not to dress in a way that would cause the law clerks to call such a female attorney "an ignorant slut" behind their backs.

Says a lot about judge-personnel relationship where not only the judge does not control disrespectful outbursts of his personnel against attorneys, and especially from the lips of law clerks who, according to Judge Kopf author his decisions - but Judge Kopf completely endorses those outbursts and lays it out to female attorneys as if it is the law...

I published criciticism of Judge Kopf's "judicial thought process", as well as of other examples of Judge Kopf's thought processes expressed in his blog.

I criticized Judge Kopf's blog on the following topics:

1) his readiness (and three "reasons") to execute an innocent that I criticized both in English and in Russian - as well as on Facebook;
2) his frustration with people supporting the gay marriage - his advice to them: "grow the f**k up", an advice most peculiar in the face of the recent U.S. Supreme Court decision also supporting the gay marriage;
3) his belief (amounting to pre-judgment) that all criminal defendants coming in front of him are guilty before he hears the evidence.

Actually, my blog criticizing Judge Kopf on his "stand" against gay marriage supporters is on the first page if you search for it on Google.

And Judge Kopf's open stand against the gay marriage, interestingly, very possibly was the reason for the forcible demise of his blog.

Here is the timeline:

May 3, 2015 - Judge Kopf advises supporters of gay marriage to "grow the f**k up";
May 7, 2015 - date of my blog criticizing that blog post (which is on top of Google search);
June 26, 2015 - the U.S. Supreme Court upholds the right to a gay marriage on equal protection grounds;
July 9, 2015 - Judge Kopf "pulls the plug" on his blog, after profusely stating that pulling the plug was not forced (other than the Chief Judge of the court made it her business to poll the court employees about Judge Kopf's behavior asking them a question if his blog was an embarassment to the court system, the majority allegedly said "yes", and somehow the Chief Judge considered it her duty to impart the results of her alleged public opinion poll to Judge Kopf - without openly telling him to "shut the f**k up").

It is my belief that it is the stance by Judge Kopf on gay marriage which ran contrary to the U.S. Surpeme Court's decision that forced the Nebraska court to finally tell Judge Kopf not to continue to reveal the "judicial thought process" - which, as I said above, I don't believe was any different from "thought process" of other judges, they simply do not reveal this secret of secrets to the public for fear of losing public trust and their own legitimacy.

But what is the most conspicuous is the gap between the date of Judge Kopf's blog on the three reasons as to why he would execute an innocent and his "pulling the plug" date, under obvious pressure from the Chief Judge of the Nebraska federal district court.

On March 25, 2014 Judge Kopf published his blog post indicating that he has a prejudice against female attorneys who do not dress in a way that would please Judge Kopf's law clerks.

That did not cause the Chief Judge of Judge Kopf's court to conduct a private opinion poll amongst the court employees as to whether Judge Kopf's blog is an embarrassment to the judicial system.

On September 10, 2014.Judge Kopf published his opinion that he would execute an innocent person while knowing about his or her factual innocence and found three reasons for doing it.

That did not cause the Chief Judge of Judge Kopf's court to conduct a private opinion poll amongst the court employees as to whether Judge Kopf's blog is an embarrassment to the judicial system.

On December 28, 2014 Judge Kopf revealed that, in his opinion, all criminal defendants are guilty at the time of plea negotiation process - that means, before the evidence is in, and that also means that Judge Kopf are pre-judging criminal cases.

That did not cause the Chief Judge of Judge Kopf's court to conduct a private opinion poll amongst the court employees as to whether Judge Kopf's blog is an embarrassment to the judicial system.

On May 3, 2015 Judge Kopf called supporters of gay marriage "special snowflakes" and suggested for them "to grow the f**k up".

Within a month and a half, the U.S. Supreme Court supported the gay marriage.

At about the same time, on July 6, 2015, Judge Kopf publishes a blog where he criticizes proposal of the U.S. Senator Cruz to conduct intermediate elections for the U.S. Supreme Court and other federal judges and make them accountable to the American people "a wacko".

Moreover, Judge Kopf went so far as claiming that Senator Cruz is unfit to be president because - the horror! - he encroached upon the sacred cow, the judicial unaccountability, which Judge Kopf somehow equated with violating the U.S. Constitution.

Somehow, prejudging criminal cases does not violate the U.S. Constitution in Judge Kopf's eyes.

Somehow, sending an innocent to an execution and finding three reasons for doing it does not violate the U.S. Constitution.

Somehow, endorsing discriminatory behavior against female attorney by law clerks does not violate the U.S. Constitution.

Attempting to bring accountability to the absolute and unbridled judicial power/tyranny - that is what allegedly violates the U.S. Constitution.

THEN the Chief Judge of Judge Kopf's court has had her now famous "private opinion poll" of court employees, an extraordinary step which had nothing to do with any kind of legal procedure, and imparted to Judge Kopf that the employees not only judge female attorney's attire, but also Judge Kopf's blogging - which somehow forced Judge Kopf to pull the plug on a blog of many years, and activity protected by the 1st Amendment.

Judge Kopf is on a senior status, meaning that nothing can hurt his position or his pension.  Why did he really pull the plug on his blog and what kind of threats were imparted to him, remains a mystery.  I highly doubt that the opinion of court personnel mattered to Judge Kopf to the point of stopping his blogging activity.

When somebody stresses that something is NOT the reason to "pull the plug" on the activity protected by the 1st Amendment, and when somebody like Judge Kopf, an outspoken and "cranky" judge, goes out of his way to "explain away" his decision as voluntary and having nothing to do with pressure from the U.S. Legislature or the Chief judge, something stinks.

One does not have to be a mind reader or a detective to see the political pressure to be all over Judge Kopf's decision to pull the plug on his blog - and especially the timing is conspicuous.

Criticism of a presidential candidate on July 6, 2015 - pulling the plug on July 10, 2015.

I doubt that the Chief Judge even COULD poll all court personnel over the week immediately after the 4th of July weekend - when all courts go into deep hibernation and send out their personnel on vacations.

What is interesting though, whether the "private opinion poll" was a reality or a fantastical pretext for coercion of Judge Kopf, is not what was the trigger for Chief Judge's pressure on Judge Kopf, but what WAS NOT such a trigger.

It is not suprising that the Chief Judge was irked into action when Judge Kopf has shown TOO MUCH of the judicial thought process and stepped on the toes of a potential president who may be in charge of future judicial appointments.

It is not surprising that the American judiciary is not only lawless, lazy and incompetent, but is also arrogant and cynical.

The interesting part is - just how arrogant they are.  Do they think there is no way of summing up what they DO NOT consider affecting a judge's qualifications to sit on that bench?

So, let's sum it up.

For the American judiciary (as reflected by Judge Kopf's blog and no reaction from the Chief Judge or the Supreme Court to these opinions), it is ok to execute innocents.

For the American judiciary, it is ok to prejudge criminal cases and treat all criminal defendants like trash, the presumption of innocence be damned.

For the American judiciary, it is ok to discriminate against women, including female attorneys.

Yet, for the American judiciary, it is not ok to run contrary to what your superiors say and call "snowflakes" supporters of gay marriage right before the U.S. Supreme Court upheld the gay marriage.

And, for the American judiciary, it is not ok to explain to the public in black and white that the American judiciary opposes any law that can impose accountability on it - and call a people's representative's (and a presidential candidate's) proposal on that subject "a wacko".  Appearances come first.  The judiciary will filibuster such a law without unnecessary fanfare anyway.

So much for the rule of law, but THANK YOU, Judge Kopf, for a unique insight into the workings of judicial mind.









Turf sharing by judicial candidates in Delaware County

According to my reliable sources of information, the turf has been divided by two judicial candidates for the seats of Delaware County Judges (New York).

Porter Kirkwood (current Delaware County Attorney, friend, subordinate and colleague of the "retiring" Judge Becker of many years) and Richard Northrup (the current Delaware County District Attorney) who have not been elected as judges yet, already decided that:

  • Richard Northrup will "take on" the County and Surrogate's court;
  • Porter Kirkwood will "take on" the Family court.
Think about the consequences.

First of all, Richard Northrup will preside over cases that may have been in investigation stages while he was still a District Attorneys, and will preside over cases of people whose background he knows, through information not available to the defendants or their attorneys, from confidential sources.  That information and not what will be in the record, will be "informing" potential Judge Northrup's decisions.

And, to learn just how dishonest Richard Northrup can be when he needs to save face for the local government official and be a tool of revenge for Judge Becker - consult the Barbara O'Sullivan case.

I am still waiting for Richard Northrup to cough up information to the court that the alleged "victim" of the crime charged against Barbara O'Sullivan (assault by a dog on a police officer), "coincidentally" a defendant in a parallel civil case by Barbara O'Sullivan against that same police officer for vehicular assault upon her several days prior to the alleged "dog incident" after which the police officer should have been taken off the force, or to desk duty, investigated and prosecuted (but never prosecuted by Richard Northrup) happens to be the nephew of a long-time employee of Richard Northrup as a District Attorney.

No, Richard Northrup continues to keep to himself this information to the court which would have instantly cause to have the case tossed - because Richard Northrup, a disqualified person, was present in the grand jury proceeding, directed that grand jury proceeding and obtained an indictment against Barbara O'Sullivan, a person who sued Judge Becker and is hated by Judge Becker with a passion, obviously without revealing to the grand jury that Richard Northrup is doing it not for "the People of the State of New York", but to save a nephew of his own longtime employee and to exact revenge on behalf of a judge against a person who sued him, FOILed information about him and complained about him to authorities on several occasions about Judge Becker's judicial misconduct (one instance involving interfering with jury deliberation in a murder trial of Glenford Hull some years ago).

With this "stellar" integrity, Richard Northrup, as far as I know, is running unopposed.  I wonder why no attorney wants to run for a judge in Delaware County, a well-paid job, against Richard Northrup.  Fear? Of what?

So, Delaware County residents and litigants will have a district attorney with questionable integrity who will handle criminal and surrogate's court, dealing with people's liberty, property and money.

Delaware County residents and litigants will also have a similarly unscrupulous County Attorney Porter Kirkwood handling Family Court in Delaware County, continuing the "glorious" tradition of Judge Becker who first represented the Delaware County Department of Social Services for 27 years and then presided over cases that same department, Judge Becker's client of 27 years (as well as, according to my information, where Commissioner Moon was a petitioner, who also speedily retired, earlier than Becker, during investigation into some fiscal activities of Delaware County).

Porter Kirkwood similarly represented the Delaware County Department of Social Services for many years (and was Becker's colleague and subordinate in that representation for many years), and now he will pick up the torch in rubber-stamping decisions for his own client from Becker.

A rhetorical question - why not swap? Why wouldn't Northrup handle Family Court?  Why wouldn't Kirkwood handle County Court? Why both of these judicial candidates are so bent on such openly conflicted judgeships?  Why they are so blatantly announcing to all who care to hear about their little "turf division", before they are even elected.

Why the very first picture on Porter Kirkwood's fundraiser post on Facebook is featuring Delaware County Clerk Sharon O'Dell, 2nd from left, who by law is the court clerk for the County and Supreme Courts of Delaware County, and both judicial candidates will be, no doubt, "ordained" into positions of "Acting Justices" of the Supreme Court, too - as is the pattern with County/Family court judges?




Apparently, to show that, even though Becker leaves by July 31, 2015, his legacy of lawlessness will stay.  Apparently, to show that the law in Delaware County will be the "old boys' club" "law" - and to send a message to opponents of such an arrangement.  Bow to it - or else.

Yet, despite fundraisers, "dedicated team of volunteers" (I wonder if Kirkwood is using County employees as "volunteers" who comply for fear for their job security), it is the voters who have the final say whether Kirkwood and Northrup will or will not be judges.

And it is for the honest attorneys with the required qualifications for a judge (over 10 years of practicing) to step up to the plate and oppose both of these "old boys" and run for these judicial seats.

I have a pessimistic view of what is going to happen.

With the County Board of Elections in the hands of the County Attorney (think about it!) who is running for the position of the King of Delaware County (well, now the King will have two heads) that currently Carl Becker occupies, the Board of Elections will bend over backwards for both candidates to "eeke out" a victory, and the voters will never know how that will be done, even if they vote against these two dishonorable injustices.

But, who knows - maybe, a miracle will happen and Delaware County voters will wake up and say "no" at the voting booths to the dishonest people who want to grab absolute and unlimited power over people's lives for 10 years at the least?

Future will show.


Two attorneys suspended for trying to protect the life of an elderly person from surrogate's court abuse. The person is dead. The attorneys' suspension continues.

Ok, when I started to criticize and investigate judicial misconduct in my state - through motions to recuse, FOIL requests, civil rights lawsuits, complaints to the New York Commission for Judicial Conduct (a glorified shredder, I know, but just to make the record), and, finally, when I saw that nothing else helps, through this blog - I was put into the disciplinary proceedings which remain pending up to now, and I was charged with criminal contempt (by the main witness to that alleged crime), simply for blogging about my disciplinary case and incompetence and misconduct of judges and attorneys involved in the case.

I was fined to death when any of my actions, no matter how legitimate, were considered "frivolous" in the "discretion" of the judges whom I sued and investigated and whose misconduct I documented.

I was risking my liberty when the object of my criticism attempted to put me in jail for exercising my 1st Amendment right.

I was, and am trying to continue, to protect people's (and my own) constitutional rights against the ruthless system perversely called "the justice system" where the main actors know and enforce the unspoken rule that there is no such thing as justice, only connections.

Even though what I was doing was rare among attorneys, I as a species, an attorney criticizing judicial misconduct, am not unique.

Courageous attorneys expose judicial misconduct in other states, too, usually with sad consequences.

Yet, they do that anyway, knowing what dire consequences awaits them.

In Illinois, two attorneys were suspended, and their suspension continues at this time, for trying to protect an elderly (relatively wealthy) person who wanted to live and die at home, in the loving care of her daughter and to pass away after receiving her rites from the Roman Catholic priest that the person knew for a long time and trusted.

Those simple pleasures were denied Mary Sykes by the court system, she was placed in the "care" of a guardian who put her in a nursing home (then into a hospice), denied her daughter access to her elderly mother, and finally, now the report is that Mary Sykes passed away in a hospice, while her money will go to attorneys in her surrogate's case.

One of the attorneys was suspended for allegedly "lying" about Mary Sykes case.

One thing I won't believe that she was "lying" about is that Mary Sykes preferred to stay at home to going to a nursing home.  Nobody wants to go to a nursing home.  Nobody wants to cede freedom of communicating with whoever she wants and making her own decisions. 

I bow to the attorneys who put their reputation and livelihoods on the line, and lost their law licenses, trying to save a life of an elderly person from abuse of the court system.  They did not save her, but they did make her plight public - at a great sacrifice to themselves., and as far as I know, the social media is picking up on elder abuse and surrogate court corruption.

The fight of these two honest attorneys Joanne Denison and Ken Ditkowsky, at a great personal sacrifice, may be saving lives as we speak and in the future, and not only in the State of Illinois.

Thank you!