"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.

Monday, October 28, 2019

#TheCrimeToBeNamedMelania, Part 9. The bought Judge John F. Lambert issues his bought "kind-of" civil contempt and "kind-of" legitimate decision in the Oneonta Hotel case

I have published so far 8 articles about the saga regarding the Oneonta City Hotel where, likely, developers who have backed up Rep. (D) Antonio Delgado in his election are pushing for the payoff.

And, that payoff is that Rep. Delgado's private attorney, by "coincidence", City Attorney for the City of Oneonta, NY, where Rep. Delgado's new posh district office is located, through fabricated court proceedings, and with the help of a corrupt judge and his corrupt law clerk, have pushed the family of Romanian Americans, lawful immigrant owners of the Oneonta Hotel that housed the poor to stop housing the poor next to the posh new luxury office of Rep. Delgado and be forced by court-imposed fees to sell the hotel to (likely) Delgado-backing developers.

Not to mention that both respondents, Nicolae and Melania Pervu, are open and active supporters of Donald Trump, political opponent of Rep Delgado.

To see all articles of this cycle, please, type "Melania" in the search window on the right.

I hoped against hope that Judge Lambert would have the decency to recuse from this case where he has acted - and it is confirmed in the press - as legal advisor of one of the parties.

Unfortunately,  that did not happen.

This article, the next article in the cycle #TheCrimeOfBeingNamedMelania, is about the super-incompetent and super-corrupt decision Judge John F. Lambert has made in this case.

                              *                  *                  *

Everything in this judicial proceeding is wrong.


First, the petition did not contain the names of the tenants - and, thus, should have been dismissed, as it does not satisfy due process requirements in foreclosure proceedings.

Second, the judge was disqualified from presiding over the case by Judiciary Law 14 (a jurisdictional statute), since his law clerk Mark Oursler (who, no doubt, then researched an penned Judge Lambert's final decision in the case) 
  • acted as a legal representative of the petitioner and 
  • gave legal advice to the petitioner to file a motion for contempt on a Show Cause (court's) order, as well as 
  • gave legal advice to the City as to 
    • what kind of evidence and 
    • what kind of recommendations for PUNISHMENT to include into their motion/application for Judge Lambert's order to show cause

The judge then signed the order - and now have found for his own client, the petitioner, whom the judge de facto represented in this proceeding through his law clerk, as reported by Oneonta City Attorney Merzig himself, in his interview to

This is a very clear case of judicial misconduct for which the judge should be taken off the bench and disbarred, together with his law clerk Mark Oursler.

New York State Judiciary Law 14, 16 and 17 prohibits a judge to also be an attorney in his own court and in the case he is presiding in and where he gives legal advice to a party.

Third, the attorney for the Petitioner, David Merzig, while pretending that he represents the City of Oneonta in this proceeding, pursues the interests and wishes of his private client Rep. Antonio Delgado, whom Merzig has been representing - and sharing his office with - since his election campaign.


  • the petition was jurisdictionally defective - thus, any and all orders based on it other than an order of dismissal, are also jurisdictionally defective and void,
  • the judge was disqualified since his law clerk acted as a legal representative of the petitioner, giving the City of Oneonta legal advice as to how to proceed in the case, and
  • the City of Oneonta's attorney was disqualified, since, in these proceedings, he pursued, without disclosure to the court or opponents, interests of his private client, Rep. Antonio Delgado.
And, jurisdictional defects make a decision in such a case not just void-able, but VOID, as in - never existed, as in - ZERO, a nullity, and any and all enforcement of such a decision - a violation of the respondents' civil rights.

Yet, we have a decision in the case - by Judge Lambert who, despite his established and publicized role as a legal advisor (through his law clerk Mark Oursler) of petitioner the City of Oneonta, which disqualified the judge, sticks like glue to this case.

Here is this masterpiece in full.

The decision really makes one wonder how much Judge Lambert has gotten from real parties in interest - developers that want the Pervus to be forced to sell the Oneonta Hotel for a pittance.

Here we go.  After Judge Lambert quotes a page-full of precedents setting (incompletely and incorrectly) the law applicable to the proceedings in front of 

 here is the decision Judge Lambert has made:  

And here are just some problems with this decision.  


There is one big problem with the decision though - on top of jurisdictional defects enumerated above.

Neither Judge Lambert, nor his (imbibing) law clerk Mark Oursler know the difference between a civil and a criminal contempt - even if one or the other would be screaming into their faces.

While the distinction is very simple and clear, and procedural protections in criminal contempt proceedings, as opposed to civil contempt proceedings, are much, much bigger.

The difference between civil and criminal contempt is this:  in a civil contempt setting, the contemnor (the person who has supposedly committed civil contempt of court) "holds the keys of the jail cell in his hands).

In other words, the purpose of a civil contempt proceeding is not to secure PUNISHMENT, but to secure ENFORCEMENT of a court order, to make the contemnor COMPLY with the court order that he/she claimed to have violated.

With that in mind, let's look at the end of Judge Lambert's court order.

The court order signed by Judge Lambert contains no indication whatsoever that the respondents, Nicholas and Malenia Pervu, may purge their contempt by complying with the court order that the City of Oneonta claims they have violated.

It is a pure punishment order.

And it was meant from the very beginning as a punishment order - since Mark Oursler, when giving legal advice to the City of Oneonta's (and Rep. Delgado's) attorney David Merzig, specifically told them to include their "recommendations for PUNISHMENT".

Which means - it was never meant to be aa CIVIL contempt proceeding, it was meant from the very beginning to be a CRIMINAL contempt proceeding, without jurisdiction.

And, Mark Oursler and Judge Lambert who have authored the decision, quoting, for show, to CIVIL contempt case law, know full well that what they are doing is just putting a SMOKE SCREEN, so that the decision would LOOK legitimate - even when they know for sure that it is not.  But, they also know that it is very expensive and very difficult to appeal the crap they have created, under the color of state law.

But, it also means, that - the court had NO JURISDICITON over a CRIMINAL CONTEMPT proceedings.

The proceedings were, in their nature, criminal contempt proceedings, and must have been named:

People of the State of New York v. Nicolae Pervu, Melania Pervu, Defendants.

And, such proceedings could only be brought in New York Supreme Court through a grand jury proceeding - see New York Criminal Procedure Law 10.20 (2).

Judge Lambert, who has worked as a criminal prosecutor for many years, and then as a judge presiding over criminal proceedings, also for many years,

 must know that.

If he does not know elementary law regarding his own authority or lack thereof, he should be taken off the bench.

Because, by New York State Law, Supreme Court (where the proceedings were held) may receive jurisdiction over a CRIMINAL case only through an indictment of the grand jury - which never happened in the Pervu case.

Nor did the City of Oneonta attorney David Merzig have a right to prosecute a criminal case - instead of the Otsego County District Attorney, as is his exclusive right, to prosecute criminal cases, under New York County Law 700.

And, by the way, the amount of $25,000 that Judge Lambert required respondents to immediately post as a de facto FINE far exceeds the maximum amount  of fines allowed for a FELONY.  While Criminal contempt is only a misdemeanor, for which the allowable fine is to be not exceeding $1,000 (New York State Penal Law 80.05).

Not to mention that in criminal contempt proceedings award of attorney fees and court costs is not allowed.

But what IS allowed is:

  • defendants' right to remain silent;
  •  discovery;
  •  a burden of proof beyond the reasonable doubt.

                                  *                                *                              *

Even if all of the above arguments were not true - which it is - the decision still sucks.


There is no finding in the decision that the City of Oneonta's petition was lawful.  And it was not - it did not name tenants, and, as I wrote before, an action in a de facto foreclosure cannot stand without naming every single tenant who lived in the Oneonta Hotel at the start of proceedings and including them as parties in the court proceedings.


 Judge Lambert cited a lot of caselaw that a finding in civil contempt can be only for violation of a LAWFUL court order, so whether the court order that respondents Oneonta Hotel owners supposedly violated was part of the City of Oneonta's burden of proof.

Yet, there is no indication in the decision that the petitioner has offered proof or has proven that the order that the respondents supposedly violated was lawful.

And we know that it was not.

  1. it was made upon a jurisdictionally defective petition, and 
  2. it was made on a legal advice from the judge's own law clerk (which was documented in a mass media publication, with confirmation of that by City attorney David Merzig), instantly disqualifying the judge, and because
  3. the City attorney was pursuing in the case interests of his private client, Rep. Antonio Delgado, to get rid of the poor living next to his posh new district office, and, very likely, to get the prime real estate, the Oneonta Hotel, at a low cost, for developers backing him up, not to mention that
  4. proceedings were in the nature of criminal proceedings - seeking punishment only - and, thus, could be brought only by the County District Attorney and only through the action of the grand jury, which was not done.


In criminal proceedings - which is what it was, considering what was ordered by Judge Lambert, without any possibility for contemnors to purge the supposedly "civil" contempt - the burden of proof is "beyond the reasonable doubt".

There is no indication of that burden in the decision of Judge Lambert.

In civil contempt proceedings, considering the chance that people can end up in jail if found in civil contempt, the burden of proof is also very high, by clear and convincing evidence.

Judge Lambert has only mentioned that the burden of proof is on the petitioner, citing to case law for that.

But, Judge Lambert never mentioned, to WHAT KIND of burden of proof he is holding petitioner, by law.

So, Judge Lambert was holding petitioner to WHATEVER kind of burden of proof that the judge took from the ceiling - because, when you give an advice to a party to make a certain motion on an order to show cause, then sign that order to show cause, you pretty much pre-judged the case from the very beginning, and it does not matter what kind of burden of proof the law requires and what kind of evidence was there in front of the court.


You will find no phrase in Judge Lambert's decision:

"And the petitioner satisfied his burden of proof by clear and convincing evidence."

Which is an essential flaw in this case - hopefully, the no-less-corrupt Appellate Division 3rd Department will take its corrupt head from its corrupt ass and rule on the likely appeal from this case on the law and not on whatever it usually rules.

And, as the ultimate corrupt cherry on top of the corrupt cake:


Judge Lambert ordered de facto criminal defendants to put a $25,000 bond into the court from where Judge Lambert's de facto client City of Oneonta, a party petitioner in the proceedings to whom Judge Lambert's law clerk Mark Oursler gave legal advice to file the motion for a finding of contempt.

Into that bond the city will supposedly be freely dipping to "cover the costs".

The kicker is though that 

1.  Judge Lambert quoted case law that a civil contempt order may not be made by the court without a finding that some rights of the complaining party were violated, 

2. and, therefore, if Judge Lambert is talking about covering COSTS TO RESTORE something and ATTORNEY FEES, those COSTS and ATTORNEY FEES must be ASCERTAINED by the court and a JUDGMENT for a specific amount must be made.

Here we have a bond without a judgment.


The Pervus are ordered, at the threat of jail for non-compliance with this (kangoroo) court order, $25,000 into the court account as a BOND, the court already ordered them to pay ALL COSTS and ALL ATTORNEY FEES of the city, but the court ACKNOWLEDGED that neither costs nor attorney fees are ascertained - and that IF parties "DISAGREE" about the amount (which Judge Lambert was supposed to determine and reduce to a judgment in his order), then Judge Lambert will hold yet another hearing.

I have an impression that Judge Lambert has sat on that bench for much too long, and the longer he sits there the more abysmal will become his knowledge of the law and his integrity.

The decision he produced is not just an F decision, but an FFF decision which a 1st year law student will be expelled from law school if he writes something like that - due to how adamantly incompetent it is.

But, knowing Judge Lambert's usual attitude when unlawfulness of his decisions is challenged - "move up or move on", which is translated into plain English as "appeal or shut up", that's the choice the Pervu's will have to make - 
  • to file or not to file a notice of appeal with the Otsego County Clerk within 30 days of the decision, 
  • to serve or not to serve it upon the opponents, and 
  • to file or not to file the appellate record an brief with the Appellate Division 3rd Department within 9 months from the decision, 
or - to keep their heads low, obey and pay up.

What the robbed respondents in this case will or will not do is their own choice.

                    *                                            *                                         *

But, what this case, ladies and gentlemen, does clearly demonstrate to the public is the quality of New York State judiciary - its competence and its integrity.

You have just saddled yourself with this judge for the 2nd term last year - for another 9 years from now.

He is a supervising judge of "problem solving courts", where corruption is the ripest - all those hungry "providers of services" waiting to get mandatory clients who must pay up for the court-ordered "services" in order not to go to jail.

He is also a supervising judge of DWI courts.

And he is also absolutely incompetent and absolutely corrupt.

By the way - did you know that the U.S. Supreme Court has granted itself and all other judges in the country an immunity for violation of the law and for corruption, barring victims of such corruption from any remedy in a federal civil rights lawsuit?

Of course, there remain the (fake and non-existing) judicial discipline and the (non-existent) possibility that the former colleague of Judge Lambert, DA John Muehl who gets "victories" from John Lambert in criminal court will start criminal proceedings for corruption against Judge John Lambert, his law clerk Mark Oursler and their de factor client, Rep Delgado's (and City of Oneonta's) attorney David Merzig.

When hell freezes over, of course.

Doing good, people of Otsego County, aren't your? 

Wednesday, October 2, 2019

Do not ask, for whom the bell tolls when you search for a good, honest, courageous, independent lawyer - if you do nothing to defend lawyers wrongfully suspended for criticizing corrupt courts. It tolls for you.

American lawyers' complete lack of due process in disciplinary proceedings is a big part if the absolute attorney monopoly and why Americans cannot find an independent attorney to take on judicial and prosecutorial corruption - lawyers are afraid to be stripped if their considerable investments into becoming a lawyer, without having any effective legal remedy in the stripping process. 

This disaster for access to justice (since intimidation of a court representative strips all Americans of independent and effective legal representation, especially in cases where the government is their opponent in litigation) is dealt a complete blanket of silence in the press, with the exception of blunt enumeration of the laundry-list - as it has been done in this article - of what were the grounds for dismissal of a lawyer's constitutional challenge to his disciplinary proceedings, without any attempt at honest critical analysis of what is going on.

This is a tabooed topic in the American "noble" legal academia, too.  In my personal experience and in the experience of many attorneys disciplined for criticism of the judiciary who dared to talk to me on the subject, American "constitutional law" professors, including very prominent ones, duck and refuse to support disciplined attorneys in such constitutional challenges - for fear of being booted out of their lucrative, well-paid, ABA-regulated, law school professorships.

But, this topic is a matter of grave public concern and MUST be addressed - since:

  •  disciplinary proceedings against lawyers in this country have long turned into witch-hunts against effective independent solo and small firm attorneys, especially, civil rights, criminal defense, family court and consumer debt attorneys (I was all of the above), 
  • lawyers are denied basic fairness in such license revocation proceedings - fairness afforded in similar license revocation proceedings of all other 1,100 regulated professions in the United States, fairness afforded to other "civil" litigants;
  • with the majority of the nation's more than 1 mln lawyers working for corporation and just a mere speck working for the "ordinary" "unrich" Americans, the chasm, the "justice gap", the inequality of being unable to find legal help and representatives who would be able and not afraid to effectively represent people in court drives people to absolute despair - just read what is going on in judicial forums about court corruption, CPS abductions of children from parents on fabricated charges, wrongful convictions, police and guard brutality.

So, let's address the issue - why do you, my fellow Americans, cannot find an:

  • affordable;
  • competent;
  • effecient;
  • independent;
  • courageous
legal advisor and/or legal representative in court to help you when you are in a dire need of such help?

Here is why.

Here is what is happening to a lawyer in the so-called disciplinary proceedings. 

1. While, say, a doctor's license (and all other types of professional licenses) is, first, revoked by an executive body and the doctor may then sue that executive body (the Lisensor) in court, challenging the legality of such a revocation (also not an ideal situation, but still), it is different with an attorney. 

A doctor has on option to sue: 

A. Either in the lower state court, and then he/she is afforded normal court procedures and, if his claim is denied, goes up the court system with his appeals, 

B. Or in the lower federal court, and then he is afforded full discovery and a jury trial. 

Not so with a lawyer. 

With a lawyer, the licensor (executive body) is actually the top state court that acts in the same disciplinary proceeding as a party (the body issuing and revoking licenses), a legislator that writes procedural and substantive laws for such procedures, an investigator, prosecutor and judge. 

And, while for everybody else, but lawyers, the top state court is the last appellate court, for lawyers it us the first (trial) court, so there are no appeals as of right, nowhere to appeal, while the US Supreme Court takes only those appeals that it wants to take and never took a lawyer disciplinary case in 50 years. 

And, a lawyer has no option to go to a federal court, like a doctor has, to challenge revocation of his law license - ever. 

Here is how it works. 

Since a doctor's professional license is revoked by an executive body, his federal lawsuit is not barred under the so-called Rooker-Feldman doctrine (illegal, court-invented, a restriction to jurisdiction of federal courts invented by courts in violation of Articles 1 and 3 of the US Constitution). 

Since a lawyer's license is revoked (the nature of the action is the same) by a court (even though acting in the same capacity as the doctor's Licensor, an executive body), the federal court

 A. Claims that the Licensor - as a court - is immune from lawsuit, and that 

B. Since the license was revoked (by the Licensor) calling itself a court, a federal lawsuit is barred under the court-created Rooker-Feldman doctrine forbidding to "re-litigate" state court decisions in federal courts. 

Knowing this, the lawyer in this Pennsylvania attorney disciplinary case has filed a challenge in federal court immediately when a disciplinary action was filed against him in - and by - the top state appellate court. 

Saying - under the federal Civil Rights Act, 42 U.S.C. 1983 - "I have a right to have my federal constitutional challenges heard by a federal court, by a jury". 

Here is what the lawyer 

has got for his efforts - a dismissal of his civil rights lawsuit without a review on the merits by the federal court, by a judge with a law license from the defendant-licensor-top state appellate court, by a judge whose continued employment, and livelihood, depend on keeping this license, and, thus, keeping himself in the good graces of the defendant-court-licensor).

I will have to explain in a separate article how the state disciplinary proceedings were going on and why a lawyer of 29 years' experience has finally lost it and went to federal court to address the mess going on in the Pennsylvania top state court.

Suffice it to say that - predictably - the whole mess was based on 3 premises:

1) allegations that the lawyer criticized 2 judges of the Pennsylvania State Judicial Compensation Board for engaging in ex parte communications with opposing counsel;

So, the judges' names were Judge Patricia Bachman and Judge Joseph Hagan.

2) that opponents of the lawyer used the disciplinary proceedings to harass their opponent and thus gain advantage in litigation;

3) that opponents of the lawyer were trying to use to their advantage the recent illegal decision of the Pennsylvania Supreme Court regarding the ability of suspended attorney Andy Ostrowski to represent clients before that same board - which the statute said he (and anybody without any law license or formal education) can do, and the Pennsylvania Supreme Court said that he cannot do - because they said so.

The federal judge has given the following reasons for the dismissal of the lawyer's federal civil rights lawsuit:

1) "failure to state a claim" of violation of his constitutional rights - for federal courts who are themselves licensing lawyers, and, thus, have an irreconcilable conflict of interest in such cases, nothing at all can possibly "state a claim" (a subjective, vague and undefined notion) where a court may violate a lawyer's constitutional rights; 

2) under a yet another court-invented (unconstitutional legislating from the bench) bar to a federal civil rights action - the so-called "Younger abstention", telling him - you have an ample opportunity to raise the claims of violations of your federal constitutional rights before people who are violating your federal constitutional rights, the defendant-court-licensor, holder of the presiding federal court judge's law license. No bias, conflict of interest or violation of due process at all;

3) the lawyer is told that the Licensor, as a state court, is immune from lawsuit under the 11th amendment supposedly "barring lawsuits against state agencies. Of course, the 11th Amendment says nothing of the kind. 

In fact, by it's clear text it bars only lawsuits by a resident of one state against another state, not against your own state. 

But, courts decided that "it is well settled" that the clear text of the 11th Amendment must be changed to mean something different from what its plain text actually means. 

Because - otherwise how will a federal judge, holder of a law license from the defendant-state court-licensor of the plaintiff lawyer in a federal civil action gets to protect the federal judge's own licensor? 

I was actually sanctioned by a federal judge, the then-Chief judge of the U.S. District Court for the Northern District of New York Gary L Sharpe (in a lawsuit where his son's employer represented defendant licensor of the judge's own, and of his 2 sons' law licenses), sanctioned $6,995, for daring to quote to the judge the actual text of the 11th Amendment and pointing out its plain meaning. 

Note that English is not my native language, but it is native for Judge Sharpe.  Yet, I had to explain to a judge and a native speaker of English the plain meaning of the 11th Amendmeng that he has sworn to protect and uphold, as well as the entirety of the US Constitution and its amendments, as a condition of serving as a judge. 

Since I kept bringing civil rights lawsuits in federal courts against county and state officials for my clients (that is why the Civil Rights Act was enacted by the US Congress), it was my specialization (one if them, in addition to criminal and family law), I was suspended 4 years ago for 2 years, but without a right for automatic reinstatement on expiration of the 2 years. 

Knowing the "procedure for lawyers", or, rather, lack thereof, and knowing that I will have to beg and grovel in front of corrupt people who have broken every law in the book to make sure I do not successfully represent my clients again, I am not trying to restore my law license. 

This lawyer's disciplinary journey, judging by the dismissal based on the Younger abstention, has just begun. 

When his license is, practically inevitably under the current conditions of the "law", taken by the state court, predictably, without regard of his federal constitutional rights, 

1) the US Supreme Court will deny his appeal by 2 words in a letter - " certiorari denied", no explanation, and 

2) his new federal lawsuit will be dismissed on the grounds of: 

* the Rooker-Feldman doctrine, 

* judicial immunity - judges' gift to themselves, absolving themselves from their sworn duty to abide by the law, instead judges unlawfully legislated from the bench and gave themselves immunity for malicious and corrupt acts in office, 

* "sovereign immunity" - even though the People, not the government, us the sovereign, but saying that to a court will, most likely inflict upon you sanctions, even though this basis of our democracy is stated - in the Preamble to the U.S. Constitution and in all state Constitutions; 

* 11th Amendment - wrongfully interpreted in a "well-settled" way, * failure to state a claim if constitutional violations. 

All of these grounds will be invoked before and without judicial review on the merits, and the lawyer will be denied by the federal judge, licensed by the defendant-state court-licensor in the lawsuit, his federal statutory right to a jury trial for the complete loss if his profession and livelihood. Lawyers know this - and keep mum, no matter what judges do. 

In the same Pennsylvsnia where this case was from, lawyers kept mum - for years - when a judge (Marc Ciavarella) presided over cases of minors who appeared in front of him, in violation of state law, without lawyers, even though the local public defense's office was well aware of what was going on, and the judge sent thus unrepresented minors, whether they were guilty or not, to a juvenile jail. In order to fill it to capacity for a private jail manager, for multimillion dollar bribes from that manager. 

Lawyers were mum. 

Judges were mum. 

The court personnel was mum. 

Everybody wanted to keep their well-paid jobs and businesses going.

Only after kids started to commit suicides in that kiddie jail, and parents started to push for an investigation, when the scandal could no longer be concealed, was the judge investigated, prosecuted, convicted and went to prison - but only by the feds, the state authorities, lawyers, still were afraid to touch him.

And, even when Judge Ciavarella went to federal prison, his victims were denied relief by a civil court - on the following grounds:

 “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. 

Remember, this supposed "law" is about a judge who, for years, was systematically and intentionally, was unlawfully sentencing kids to juvenile detention for kickbacks, to fill the juvenile jail, so that its private manager would turn a profit.

The court-licensor in this case, the Pennsylvania State Supreme Court, is also "famous" in 3 more cases: 

1/ its judge presided over, denied 4 appeals and said nasty things about persistency of attorneys of a prisoner who the judge has obtained a fabricated wrongful conviction against as a prosecutor which the judge has used to get elected as a judge in the first place, William's v Pennsylvsnia, 2015. 

2/ the court has suspended the elected state attorney general Kathleen Kane when she started to investigate misconduct of judges of the court, and 

3/ the court has declared that suspended civil rights attorney Andrew Ostrowski who has run for the US Congress (and got 62,228, 1/3 of votes, reportedly, without any meaningful financial support) in 2014 on an anti-judicial-corruption platform may not "practice law" representing clients in front of an administrative unemployment benefits state board, even though the applicable statute allow non-lawyer representatives in front of that same board, and the statute specifically declares that such a representation is not "the practice of law", which is not clearly defined by statute in the state anyway. 

The court has then dangled in front of attorney Ostrowski, stripped of all - even lawful - means to earn a living an offer the attorney could not refuse under the circumstances: 

  • stop your successful anti-judicial-corruption radio show "Justice Served with Andy Ostrowski", 
  • delete the library of recorded interviews from attorneys from across the US who have been suspended or disbarred for criticizing judicial corruption, 
  • keep mum for a while as to any civil rights violations within the court system, the disciplinary system and the so-called legal profession - and we will return to you your law license and livelihood. 

When Ostrowsky caved in and did what was required of him by the "noble" court, the court (predictably) refused to restore his law license, which has sent Ostrowski into a mental breakdown, eviction and a criminal conviction. 

The lawyer in this case knows all of that and knows, what kind of "justice" he is facing with this particular licensor-court, the Pennsylvania State Supreme Court. 

As does the federal judge who has, nevertheless, sent the lawyer back to that court with a callous statement that the lawyer will have "ample opportunities" to go knock himself out beating his head against a brick wall trying to persuade a corrupt body that is deeming itself completely above the law (and it is) that it is violating his federal constitutional rights, which they know they are doing, and doing intentionally. 

Now - ARE you surprised that you, dear Americans, cannot find an independent civil rights, family, criminal defense attorney to represent you in court? 

Why they are afraid to state what they know is going on in front of them? 

Why there is no independence of the "noble" legal profession in the United States?

We have a presidential and state elections campaigns raging across the U.S. at this time.

All candidates are making promises, and all candidates are clamoring for your votes and your money.

Just ASK them instead, some questions pertinent to your own access to justice.

Just DEMAND that they make it their CAMPAIGN PLATFORM:

  1.  to eradicate judicial corruption;
  2.  allow people to choose their own representatives in court, consultants and title document drafters without government approval;
  3. allow people's direct access to grand juries;
  4. make grand jury records public;
  5. remove prosecutors from their conflicted position of legal advisors of the grand juries;
  6. legislatively abolish all kinds of judicially created immunities and restrictions on jurisdiction of federal courts in civil rights actions;
  7. legislatively prohibit court sanctions for invoking violations of constituitonal rights.

Once this is done - you will see the government will become a lot tamer and a lot more - not honest, careful not to violate your constitutional rights.

If you continue to watch soap operas of a rich guy for Democrats vs a rich guy for Republicans, trying to take sides and sympathize for people who have no sympathy for you and do exactly what they want you to do - forget that YOU ARE THE MASTERS in this country, that they are YOUR SERVANTS, PUBLIC SERVANT, and that they MUST DO YOUR BIDDING, not invent ways for you to do theirs - you will continue to have what you have now.

The justice gap.

Thursday, September 26, 2019

How Russia is copycatting a big American disaster - perfectly. A tale of American foxies and chickens, and how to shit another planet after you have thoroughly shitted your own.

We have in the United States what economists call "absolute attorney monopoly".

Lawyers have clinched the market of legal services for themselves and do not allow anybody else to do anything in it.

Does not matter that "the practice of law" - the subject of regulation is not clearly defined by statute in any of the 255+ court jurisdictions across the United States, and that such regulation, under a standing and, supposedly, binding U.S. Supreme Court precedent, is unconstitutional based not on just one, but on several points.

Does not matter that it is non-sensical to allow the fox to regulate themselves for the benefit of the chickens (consumers) - without letting chickens have a say in the regulation, that is, supposedly, for their benefit.

Does not matter that the chickens may want to choose their own foxy to represent themselves in court - and, possibly, not from the pack approved by big bad foxes (the government).

Does not matter that there are - in abundance - situations when the "outside foxies" are knowledgeable in how to defend chickens against the big bad fox, while the "inside foxies" are not.  The big bad fox still tells the chickens then - you must choose the dumb inside foxies to represent yourself against me in my court, rather than the outside smart foxies, because I said so.

Does not matter that big bad foxes have long ruled that lack of a law license (not being a member of the monopoly) does not mean that services of such a person are ineffective 

- making such a regulation/monopoly nonsensical.

Does not matter that big bad foxes have long been punishing the outside foxies, for doing HIGH QUALITY, GOOD work for indigent chickens - because they were doing that GOOD work for the indigent chickens that no inside foxies wanted to do, but without permission from the big bad fox, and without paying their ways through the required "golden path" (see below).

That is a criminal offense in the United States, doing good work ("practice of law") without permission of the big bad fox - who cannot define what the practice of law is in the first place, but will put you in jail if you practice it without its permission.

Does not matter that it makes no sense, when the big bad fox (the government) sues the chicken, that the chicken's rights (the big bad fox says) are protected in the best way only (supposedly) if their own opponent, the big bad fox, chooses a foxy for the chicken, out of a list of foxies pre-approved by the big bad fox.

Does not matter that it makes no sense to allow the big bad fox (courts) to regulate all foxies while the absolute majority of foxies do not litigate (do not work in courts).

Does not matter that any monopoly - and attorney monopoly is no exception:

  • increases prices for consumer;
  • cuts diversity of products and services;
  • cuts quality of products and services - all by reducing competition,
  • stifles innovation,
  • stifles social progress by putting a high price on entry into the monopoly by requiring every new foxy to pay his way through a "golden path":

1/ graduate from high school;
2/ pay for and stay out of the job market for 4 years of college (does not matter what degree - it is useless, its role is to make candidates to enter the monopoly WAIT for 4 more years and pay for it through their noses - the poor will fall off the wagon of candidates on their own 
3/ pay for and stay out of the job market for 3 more years of law school (200,000 dollars all in all for not the best of law schools nowadays - on to of college student loans);
4/ pay for an "ethics" exam 
5/ pay a Board licensing fee
6/ pay for a super-expensive bar exam preparation fee
7/ pay a bar exam fee;
8/ regularly pay the ever-increasing biennial licensing fees and
9/ Continued Legal education - not cheap, but mandatory amount of hours to maintain a license
10/ it is very advisable for foxies (individually and as firms and associations) to make "contributions" to election campaign of judges - to win cases in front of them.

All of the above - inevitably - has led to the current situation (and it has been for some time this way) in the United States where the absolute majority of American chickens cannot afford legal services of foxies, and where the majority of inside foxies do not even want to represent the American chickens, instead preferring to work for big chicken farms ( less than 0.6% of American attorneys work for the poor, while 75% of American attorneys work for corporations) - since all foxies must necessarily put into their prices the cost of the "golden path".

But, we have long passed that point - and the poor STILL cannot hire outside foxies, cannot make a choice any legally competent adult must be able to make for himself - who is going to be his trusted person to represent him in court.

Meanwhile, the same justice Sotomayor (and her brothers and sisters) STILL continued to reject petitions of attorneys for the poor disbarred or suspended and taken out of the rich of their indigent clients, thus broadening the justice gap over which this "Democratic" justice has shed her crocodile tears.


Attorney monopoly in the United States DID start to give way - albeit slowly.

1. has introduced an AI (artificial intelligence)-assisted legal research, available to anyone, for 65 bucks a month.  That's 18 cents an hour, folks, 1667 TIMES cheaper than to pay a fee to an attorney who may not even know the subject, but will take your money anyway.

You scan in and upload your legal document, the software, assisted by artificial intelligence, spots legal issues in it and pops up for you statutes and court decisions on points of those decisions - you can read it and form your own impression what are your chances in a particular court proceeding.

2.  5 states so far (California, Utah, Arizona, Maine, and Illinois) at the moment are contemplating deregulation, allowing non-lawyers to practice law.  A month ago it was only California.  So, the snowball of deregulation has started rolling.  Slowly, imperfectly, but it did start rolling.

But, foxes are called foxes because they are tricky.

And, American foxes (attorneys) have seen the writing of deregulation on the wall a wrong time ago.  And made precautionary arrangements.

Tell me, what do you do if you bomb and poison and burn your own planet into extinction?

You try to find another one to bomb and poison and burn into extinction, of course.

And that's what the American legal profession has done.

It has founded a project - funded by American taxpayers, mind, those same taxpayers who the American legal profession has caused not to be able to afford a lawyer, so they go without legal help.  The project started at the fall of the Berlin wall, and, of course, is called "The Rule of Law".    

The essence of the project is, of course, nothing close to spreading the Rule of Law over the welcoming world.  

It is a project transplanting all that is bad in the U.S. - its corrupt and ineffective court system, its attorney monopoly that has caused a dire crises of access to justice - to the so-called 3rd world and post-Soviet countries, including Russia.

To transplant their home Armageddon overseas to be able to operate under homelike conditions, the American legal profession did not spare millions over millions - of taxpayer money, of course, they work through and with USAID - which keeps contracts with the ABA on this project secret, blocking Freedom of Information requests from the likes of me.

But, judging by certain tax returns of certain organizations available on, the ABA works on the global shit-spreading project the same way as they work at home.

They bribed the necessary people, brought them on world and U.S. tours, educated them in Harvard, employed their friends and relatives - and, thus, changed country Constitutions and legislations, and instilled American-type attorney monopolies across the world.

Russia has fallen into this trap, too.

It was not easy to instill attorney monopoly in Russia.  Well, it was not easy to do that in the U.S. either.  It required nearly a century to do that - but it was done.  And so it was - nearly completely now - in Russia.

In 1993 American lawyers have "helped" Russia re-write its Constitution, putting into it an "Article 48" that provided a guarantee to Russians not for just legal "help", but for "qualified legal help".  That was later used as a pretext to restrict those who are allowed to provide "legal help" to the population - because they need to be "qualified", and their qualifications are to be determined by - guess who - members of the monopoly, of course, not the public.

In 9 years, in 2002 - a group of attorneys called "advocates" (about 80 000 out of the current 1-2 mln of Russian attorneys, nobody counted them, it is an educated guess), have gained monopoly in criminal cases, through a statute.

17 years further down the road, in less than a week, on October 1, 2019 - a yet another new statute goes into effect in Russia, by which all attorneys gained monopoly for court representation in civil cases.

On September 30, 2019 - the third and final stage of instilling American-type attorney monopoly starts, when the Russian Legislature, Gosduma, starts to discuss - behind closed doors, in a "working group" of unknown membership - how to put the final nail into Russian people's access to justice and how to gain submission of all Russian attorneys to government-controlled rich attorney elites. 

Just like we have it in our United States of America.

And we are saying that Russia has interfered into our elections.  

It's not even funny, foxies.

But - well, now indigent Americans can hope that the aurora is arising for them with the slowly coming deregulation of the rule of foxies in the US - while indigent Russians get plunged upon the conveniently offered American rake.

Thursday, September 19, 2019

In order to keep up its budgets, the Delaware County DSS steps up its child-hunt., now hiring a really good trial lawyer, Erin Neale. Parents, beware.

My personal opinion: NO self-respecting attorney will agree to work for DSS, especially for the corrupt Delaware County (NY) DSS.

Especially under the unethical County Attorney Amy Merklen, who has just committed an ultimate unethical act - instead of obeying direction of her client, DSS Commissioner Dana Scuderi-Hunter, Merklen reported her to the County Board, obtaining her removal from her position.

Amy Merklen has, as I wrote before, a short fuse and a history of questionable behavior, but in the removal of Scuderi-Hunter she has outdone herself - while knowing full well that she can commit any unethical conduct as an attorney, and her rear end will be covered by the local corrupt clique of the DA's office (former Becker's law partner John Hubbard) and his boss (also Judge Becker's friend Richard Northrup).

Erin Neale must know just what kind of dirt-pool she has plunged herself in - but nobody makes people accept such jobs, so, she did it voluntarily.  

Official court records from Family e-courts show that Erin Neale - a good trial lawyer whom I respected - has joined Delaware County DSS.

Here is attorney Neale's docket report from the New York State e-courts, as if today.

It is a very long list of court cases, and, in all of these listed court cases for Erin Neale, she is listed in the following way:

Erin Neale did not yet reflect joining Delaware County DSS in her official attorney registration information,

 so the switch must be recent.

Apparently, Erin Neale has split from her ... interesting former law partner Renee Albaugh, of Delhi, NY (see different P.O. Box numbers and see that Erin Neale no longer listed that she worked in Albaugh's law firm).

The interesting law partner who, upon my personal knowledge, has ardently fought for very close access to other people's children for a client, Justin Crandall, whom local law enforcement (including this particular DSS Department) protected - so it had to be the feds who has had to deal with him.

He was recently sent to federal prison for 50 years for sexual abuse of a 17 month old child and production of child porn.

So, now, possibly, to distance from Albaugh, Neale switched to the "very right side", the most corrupt DSS department?  

Knowing very well it is corrupt after representing so many private clients against it in Family Court?

What the switch means for Delaware County parents.

1.  Erin Neale is a very good trial lawyer, so, the chance of losing your kids to DSS has just got higher.

2.  Just because Erin Neale (who I knew as an honest attorney) has joined the DSS - while its new Commissioner was dumped with the help of the former corrupt Commissioner Bill Moon - DSS is not going to turn honest and will not change its policies based on financial (federal and state) incentives to fabricate cases and grab children from parents.  Erin Neale will have to follow those policies and help DSS implement them - while using her good trial lawyer skills for DSS.

The bottom line for Delaware County parents:

1.  If you can - run, literally, leave Delaware County with your precious children;

2.  If you cannot leave, but if one of the parents can switch to homeschooling - switch to homeschooling.  

It is from schools that DSS most readily grabs children, and now, with introduction of New York "red flag law", teachers received an additional tool of helping DSS grab children, by reporting gunowner/hunter parents to court as "dangerous to themselves or others";

3.  Be very afraid, and very alert for tricks of DSS.

4.  Educate yourself as to how to fight CPS in court yourself.  It is highly unlikely that your assigned counsel will help you.  

If even such a trial lawyer as Erin Neale does not have enough business in the area, to the point that she accepted a job from DSS (that is hitting the rock bottom for a trial lawyer of her class), your assigned counsel, even if they wanted to go against her, have no chance.

But they won't.  They will remember the example of attorney David Roosa who has stopped getting assigned cases from Judge Becker and then was suspended - for performing as much work and as effectively for assigned clients, as for private clients.

The recent Albany Law School study says that upstate attorneys are leaving - or starving.

Assigned cases (paying $75 an hour for in- and out-of-court work, including travel to and from court and the time spent waiting in court, which in neglect cases is considerable) may be the only for assigned attorneys to survive.

Since that is so, your assigned attorney, will not "stir the pot" just to help you out.

If they do their job for you, they will not be assigned again - and will starve.  So - they won't do it for you.   

Your only chances to beat DSS at their child-hunting game is, as I said above,

1. run from the County (better from the State), or
2. homeschool, and
3. learn how to represent yourself efficiently in court.

Don't be lazy.

Law is not rocket science, you can do it.

Read the law, research your case, use AI-assisted research (it is cheap nowadays, just 65 bucks a month, 18 cents an hour at

Otherwise, you are doomed, I am serious.

Remember that there are less children born in the US nowadays and in New York State, and there are increasingly less children in Delaware County - people are fleeing New York.

See that schools are closing, see that maternity hospitals are closing, see that the size of classes in local public schools are getting much, much smaller - that's an indicator that there are less children.

But, DSS workers, and their attorneys,  still want to eat, as good or better than before.  

They do not want budget cuts.  

To prevent budget cuts, they want to steal the same number of children as before from Delaware County parents, even if there are less children in the County.

And they have already bulked up on their resources to do just that.

They now have a child interrogation bus.

They now booted out a not-so-corrupt new DSS Commissioner (who was against acquiring this bus, by the way) with the help of the previous, very corrupt,  DSS Commissioner, Bill Moon, so you know something kind of tricks are being prepared.

Now they have gone even further and, for the first time in several decades, they have hired a real litigation attorney, a really good trial lawyer, Erin Neale.

So - be prepared for an offensive operation to steal your children - they are a very much needed commodity for DSS at this time.

For an illustration of what kind of financial and other tricks DSS are doing with the kids, watch this excellent interview.  It is a little bit emotional at the beginning, but bear with it, later on really interesting details come out.

It is from the State of Michigan, but, since financial incentives for DSS to steal children come from federal law, DSS acts the same (corrupt) way throughout the country.

I cannot stress it enough - the situation is very serious.

Every parent and every child is at risk.

If you think that "it will not happen to me", think again.
When people want to keep their jobs, keep their budgets up, and your child is a commodity that will help them do that - no law or ethics will stand in the way.

The shortage of children as a commodity to fill out DSS budgets and make a living for numerous DSS partners is now so bad that presidential candidate Joe Biden, for example, suggested that the government should attach social workers to every single family, to teach parents how to raise their kids - or, rather, to be able to have a ready access to the family in order to snatch children.

And, of course, to be able to control parents, including their political views, by threatening to remove their children.

And, another presidential candidate's, Senator Bernie Sanders', wife IS a social worker.

You may expect a lot of good things if either of these 2 get elected in 2020.

So.  Read ahead of time.  Be prepared ahead of time.

Nobody will be able to help you, but yourself now.