Showing posts with label Luzerne County. Show all posts
Showing posts with label Luzerne County. Show all posts

Tuesday, February 10, 2015

If you don't believe that Rule 1.6 happened... Look to Oklahoma

oklahomaThe word out of Oklahoma this week is the introduction of a Bill in their Legislature to prevent prosecution for abuse of power by limiting the ability to prosecute exclusively to the state Attorney General.. to the exclusion of the District Attorneys.

why-kids-think-they-are-invisible-when-playing-peek-a-booWith the current effort to remove an unconstitutional law which has been concealed under the disinformation that it is 'attorney-client privilege" and where it results in devastating and inescapable loss of constitutional rights of the victim FOREVER... and where Rule 1.6 clearly demonstrates the unconstitutional ability and the defiance to being addressed - because lawyers may not reveal the TRUTH.

OKLAHOMA - Are y'all out of your ever-lovin minds?

The ABA presented Rule 1.6 a law which undermined the authority of every state judiciary and held the judiciary hostage shown by their loss of judicial independence. The ABA knew that their ethics code lacked ethics, morality and lawfulness. Against the advice of Robert Kutek who wrote the 'Rules', the ABA deliberately removed 2 fraud provisions from the law which could have prevented 30 years of injustice and unconstitutionality. Kids for Cash in Luzerne County Pennsylvania. Over 48 million forcerclosures using fraudulent anf forged robosigned documents. INJUSTICE throughout the entire US. An overwhelming realization that the Constiotution was being ignored by those who had sworn to preserve protect and defend it.

OKLAHOMA - Are y'all out of your ever-lovin minds?



Oklahoma lawmaker wants to bar DAs from charging state officials


District attorneys across Oklahoma are upset with proposed legislation that would bar them from prosecuting any state official for a public offense.

calveyOnly the attorney general could file those criminal cases, if House Bill 2206 becomes law.

“It’s a big deal to me. I’m upset and concerned,” Oklahoma County District Attorney David Prater said. “This bill creates a different class of citizens that would be protected from the normal prosecution process.”

He questioned if the bill is retaliation for his prosecutions of legislators, a judge and members of the Pardon and Parole Board.

“I am suspicious ... that is what this is really about,” Prater said.
Link to full story.




Elected and Above the Law: Bill “Would Exempt Lawmakers from Prosecution of Nearly Any Crimes”



This one is just too rich. The arrogance and absurdity is over the top.

get-out-of-jail-freeGranted, most of the political class is already de facto above the law to begin with.

But now, a lawmaker in Oklahoma has introduced a bill to officially give most lawmakers, judges, appointees and holders of high office immunity from prosecution.

Link to Full Story


Monday, November 24, 2014

Overview of The Challenge to Rule 1.6

A law enacted by the state supreme court in every state without proper construction, without constitutional review, without involvement of any state legislature and without the signature of any governor designed to ignore judicial corruption and injustice which includes an aggressively enforced MANDATE of silence for all lawyers while ignoring, denying and preventing the constitutional rights of litigants.

THE CONSTITUTIONAL CHALLENGE OF RULE 1.6



Rule 1.6 affects civil, criminal, family, federal district and federal appeals courts making it impossible to address the loss of constitutional rights when committed by a judge.

The Rules of Professional Conduct - Rule 1.6 CONFIDENTIALITY OF INFORMATION mandates confidentiality of client information where the information
- would affect the integrity of the judiciary
- would reveal the misconduct of their own office,
- would expose individual liability,
- would adversly affect their client.

The Attorney General of Pennsylvania represents the Commonwealth of Pennsylvania, the Governor, The Attorney General's office, various branches of the government, their agencies and their officers and the Public. All Clients.



This is why Cash for Kids was ignored by the Attorney General, the Luzerne County District Attorney, every lawyer in Luzerne county, the Pennsylvania Supreme Court and the Judicial Conduct Board.

This is why the 'Sandusky Report' released in 2014 failed to indicate any improper conduct. The Report also failed to include a disclaimer that Rule 1.6 Confidentiality mandated the silence of the Attorney General regarding information about the Office of the Attorney General, the Governor, the Supreme Court of Pennsylvania, etc...

This is why millions of foreclosures were ignored by the Attorneys General nationwide with no prosecutions while millions of people lost their homes based on fraudulent and robo-signed deeds and other documents.



Rule 1.6 has undermined law enforcement and the judicial branch in the states and federally.



Rule 1.6 is a core part of the American Bar Association's Model Rules of Professional Conduct. Most, if not all, rules point back to Rule 1.6 by cross-reference.

The ABA presented their Model Rules to each state supreme court for promulgation into law. As trade rules confidentiality was discretionary. As LAW, the confidentiality became an aggressively enforced mandate which denied people of constitutional rights and prevented anyone in law from acting on behalf of the victims against it's unconstitutional effect.

The victims having no protection of the law become 1) destitute/homeless 2) incarcerated or 3) suicidal.

RULE 1.6 CAUSES AN INESCAPABLE LOSS OF CONSTITUTIONAL RIGHTS
WHICH UNDERMINES THE STATE AND FEDERAL JUDICIARY.


Happy Holidays.
Since 2007 Rule 1.6 injustice and terror has caused me to be destitute, alone and isolated on every holiday.

Families cannot handle the stress which is placed upon the victim who cannot escape the constant litigation - a judicial farce where justice is NOT POSSIBLE when concealing injustice and fraud is MANDATED BY LAW..

Friends witness the injustices and are attacked for supporting the victim in any way.

When your children are manipulated into participation in actions against you, it puts a massive level of humiliation and shame on them which prevents any chance of reconciliation.

Rule 1.6 was designed to destroy people. Rule 1.6 is evil made lawful.

Friday, August 29, 2014

Supreme Court of Pennsylvania

The following letter was sent to the Justices of the Supreme Court of Pennsylvania. Using the Interbranch Commission on Juvenile Justice Report to demonstrate the failure within the 'system' to take responsibility for the Kids for Cash injustice and the failure to present the cause of the problem - Rule 1.6 Confidentiality.

There have been filings with the Supreme Court of Pennsylvania by which they were aware of our effort though dismissals by unsigned per curiam orders offer plausible deniability to their being informed. As petitions had been filed with the court, it would have been inappropriate to communicate with the judiciary at that time.


One persistent Question lingers...

WHY DID THE SUPREME COURT OF PENNSYLVANIA ENACT THE RULES OF PROFESSIONAL CONDUCT INTO LAW?



supremecourt

What was the reason which necessitated their action? You may wonder why the supreme court in EVERY state did the same thing at staggered times from 1984 through 2009.

We have asked for a meeting where the issue can be discussed and those essential questions can be answered.




August 28, 2014

Chief Justice Ron Castille
Justice Max Baer
Justice Michael J. Eakin
Justice Seamus P. McCaffrey
Justice Thomas G. Saylor
Justice Correale F. Stevens
Justice Debra Todd
The Supreme Court of Pennsylvania


Your Honor,

After meetings with Senator Chuck McIlhinney have failed to demonstrate any progress, it is clearly necessary to raise this issue to your attention directly.

The Interbranch Commission on Juvenile Justice was made up of lawyers (9 of 12) who heard information from county judges, district attorneys, public defenders and the Judicial Conduct Board. Attributing the blame to “silence, inaction, inexperience, ignorance, fear of retaliation, greed, ambition, carelessness.”, the lawyers on the commission maintained ‘confidentiality of information’ as required by law – Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct.

Their realization was correct – “What good would [reporting] it do?” HOWEVER, the Commission’s report neglected to indicate the reason for the silence (Rule 1.6) and it also neglected to expose the cause (the Rule 1.6 mandate) , and as such their recommended reforms do nothing to prevent a recurrence of the judicial corruption.

Rule 1.6 mandates confidentiality of information where it adversely affects the integrity of the judiciary, the reputation of legal professionals, self-incriminates, or negatively affects their client. Protecting the integrity of a judicial which lacks integrity is foolishness. Mandating it has unconstitutional effects.

The Commission Report and Reform Recommendations amount to fraud – a deliberate effort to conceal the root cause of the failure of the justice system to address judicial misconduct, corruption and injustice.

Far more frightening and perilous, is that the lawyers associated with the Commission have now been ‘educated and trained’ in how to execute and conceal crimes such as those committed by Ciavarella and Conahan – who only went to prison because they had failed at money laundering.

The Supreme Court’s authority to enact law is limited to situations where ‘such rules are consistent with this Constitution [Pennsylvania] and neither abridge, enlarge or modify the substantive rights of any litigant.’

The Attorney General is the chief law enforcement officer in the Commonwealth of Pennsylvania who must follow the US Constitution, the Pennsylvania Constitution, and the Rules of Professional Conduct which were enacted by the Supreme Court.

For the Attorney General, the Rule 1.6 mandate of ‘confidentiality of information’ with regard to client information undermines ‘everything’ where an attorney general’s clients include (1) the public, (2) the Pennsylvania government, (3) the Office of the Attorney General, (4) government agencies and departments statewide, (5) personnel within those agencies and departments, (6) and themselves.

The Rules of Professional Conduct enacted by the Supreme Court of Pennsylvania have substantially affected the ‘jurisdiction’ of the Attorney General preventing and obstructing law enforcement responsibilities when it relates to judicial corruption and injustice within the courts.

The Supreme Court, by the same mandate, has caused a ‘lawful’ requirement within every court and by every lawyer in the commonwealth to ignore injustice and judicial corruption.

Previous Codes of Professional Responsibility (among other titles) have included similar guidelines, BUT once enacted into ‘law’ in 1987 ignoring injustice and judicial corruption ceased being discretionary and was MANDATED BY LAW.

The result, the Rules of Professional Conduct collaterally affect and negate ‘the substantive rights of the litigant’. Specifically, Rule 1.6 Confidentiality causes a mandatory conspiracy of silence within the courts which ignores the damage and harm caused to litigants and further hinders and prevents any resolution.

The substantive rights of the children and families of Luzerne County were clearly ignored.

The Supreme Court lacked authority to enact Rule 1.6 into law as the substantive rights of the People have been ‘abridged’, ‘modified’, denied and ignored.

Additionally, the role of the Sheriff as Chief Law Enforcement Officer in the county has been negated and minimized by judicial decisions. Constitutionally, the Sheriff has the lawful authority and resources to enforce the law within the county.

Failing to act because the judiciary has convinced them of a greatly diminished role, the non-lawyer Sheriffs (reluctantly) defer authority to the county District Attorney who must follow the Rules of Professional Conduct and Rule 1.6. A necessity to prevent prosecution. District Attorneys take no action to investigate and prosecute the injustice and judicial corruption. Related crimes against the victims of injustice are ignored leaving the litigant with no protection under the law.

The American Bar Association’s Model Rules of Professional Conduct were rolled out to the states and enacted into law nationwide without the involvement of the state legislatures, the signature of the governors or any constitutional review.

“What is right is not always the same as what is legal.” was offered by Edward Snowden as an explanation for his actions revealing unconstitutional activity. This statement may also apply to the failure of attorneys general, judges, district attorneys and lawyers to address the unconstitutional actions made ‘legal’ which have undermined justice over the last 25 years.

It is the responsibility of the Governor to represent the People, to preserve, protect and defend the United States Constitution and the state Constitution, and to recognize that collaterally Rule 1.6 is unconstitutional to the People.

The act of sedition which enacted Rule 1.6 and mandated the silent participation of all legal professionals, perverted the judiciary, sacrificed the personal integrity of every judge, and undermined justice can no longer be ignored and excused because of the intimidation and threats of disciplinary action by the corrupt who have deliberately violated the public trust.

The Commission on Juvenile Justice have not done what was requested of them. They have participated in concealing the truth. They have endorsed and enabled continuing injustice.

You, the members of the Legislature and the Judiciary who assembled the Interbranch Commission on Juvenile Justice must review their report findings and recommendations. The deliberate knowledgeable failure of those lawyers to indicate the root cause of the problem in Luzerne County, which also less publicly affects every court in the Commonwealth, was caused by Rule 1.6 - An unconstitutional and repugnant law which has been improperly enacted by the state Supreme Court without proper review of its affect on constitutional rights.

You attention to this matter of statewide importance is appreciated. A meeting to discuss the issue would be greatly appreciated.

Respectfully,

Terance Healy
Todd M. Krautheim


PDF version
Attachment - Letters sent to other government officials

Saturday, August 2, 2014

Letter to Gov Corbett, PA Senators and Representatives

August 2, 2014

After meetings with Senator Chuck McIlhinney, it is clearly necessary to raise this issue to your attention directly.

The Interbranch Commission on Juvenile Justice was made up of lawyers (9 of 12) who heard information from county judges, district attorneys, public defenders and the Judicial Conduct Board. Attributing the blame to “silence, inaction, inexperience, ignorance, fear of retaliation, greed, ambition, carelessness.”, the lawyers on the commission maintained ‘confidentiality of information’ as required by law – Rule 1.6 Confidentiality of Information of the Rules of Professional Conduct.

Their realization was correct – “What good would [reporting] it do?” HOWEVER, the Commission’s report neglected to indicate the reason for the silence (Rule 1.6) and it also neglected to expose the cause (the Rule 1.6 mandate) , and as such their recommended reforms do nothing to prevent a recurrence of the judicial corruption.

Rule 1.6 mandates confidentiality of information where it adversely affects the integrity of the judiciary, the reputation of legal professionals, self-incriminates, or negatively affects their client. Protecting the integrity of a judiciary which lacks integrity is foolishness. Mandating it has unconstitutional effects.

The Commission Report and Reform Recommendations amount to fraud – a deliberate effort to conceal the root cause of the failure of the justice system to address judicial misconduct, corruption and injustice.

Far more frightening and perilous, is that the lawyers associated with the Commission have now been ‘educated and trained’ in how to execute and conceal crimes such as those committed by Ciavarella and Conahan – who only went to prison because they had failed at money laundering.

The Supreme Court’s authority to enact law is limited to situations where ‘such rules are consistent with this Constitution [Pennsylvania] and neither abridge, enlarge or modify the substantive rights of any litigant.’

The Attorney General is the chief law enforcement officer in the Commonwealth of Pennsylvania who must follow the US Constitution, the Pennsylvania Constitution, and the Rules of Professional Conduct which were enacted by the Supreme Court.

For the Attorney General, the Rule 1.6 mandate of ‘confidentiality of information’ with regard to client information undermines ‘everything’ where an attorney general’s clients include (1) the public, (2) the Pennsylvania government, (3) the Office of the Attorney General, (4) government agencies and departments statewide, (5) personnel within those agencies and departments, (6) and themselves.

The Rules of Professional Conduct enacted by the Supreme Court of Pennsylvania have substantially affected the ‘jurisdiction’ of the Attorney General preventing and obstructing law enforcement responsibilities when it relates to judicial corruption and injustice within the courts.

The Supreme Court, by the same mandate, has caused a ‘lawful’ requirement within every court and by every lawyer in the commonwealth to ignore injustice and judicial corruption.

Previous Codes of Professional Responsibility (among other titles) have included similar guidelines, BUT once enacted into ‘law’ in 1987 ignoring injustice and judicial corruption ceased being discretionary and was MANDATED BY LAW.

The result, the Rules of Professional Conduct collaterally affect and negate ‘the substantive rights of the litigant’. Specifically, Rule 1.6 Confidentiality causes a mandatory conspiracy of silence within the courts which ignores the damage and harm caused to litigants and further hinders and prevents any resolution.

The substantive rights of the children and families of Luzerne County were clearly ignored.

The Supreme Court lacked authority to enact Rule 1.6 into law as the substantive rights of the People have been ‘abridged’, ‘modified’, denied and ignored.

Additionally, the role of the Sheriff as Chief Law Enforcement Officer in the county has been negated and minimized by judicial decisions. Constitutionally, the Sheriff has the lawful authority and resources to enforce the law within the county.

Failing to act because the judiciary has convinced them of a greatly diminished role, the non-lawyer Sheriffs (reluctantly) defer authority to the county District Attorney who must follow the Rules of Professional Conduct and Rule 1.6. A necessity to prevent prosecution. District Attorneys take no action to investigate and prosecute the injustice and judicial corruption. Related crimes against the victims of injustice are ignored leaving the litigant with no protection under the law.

The American Bar Association’s Model Rules of Professional Conduct were rolled out to the states and enacted into law nationwide without the involvement of the state legislatures, the signature of the governors or any constitutional review.

“What is right is not always the same as what is legal.” was offered by Edward Snowden as an explanation for his actions revealing unconstitutional activity. This statement may also apply to the failure of attorneys general, judges, district attorneys and lawyers to address the unconstitutional actions made ‘legal’ which have undermined justice over the last 25 years.

It is the responsibility of the Governor to represent the People, to preserve, protect and defend the United States Constitution and the state Constitution, and to recognize that collaterally Rule 1.6 is unconstitutional to the People.

The act of sedition which enacted Rule 1.6 and mandated the silent participation of all legal professionals, perverted the judiciary, sacrificed the personal integrity of every judge, and undermined justice can no longer be ignored and excused because of the intimidation and threats of disciplinary action by the corrupt who have deliberately violated the public trust.

The Commission on Juvenile Justice have not done what was requested of them. They have participated in concealing the truth. They have endorsed and enabled continuing injustice.

You, the members of the Legislature and the Judiciary who assembled the Interbranch Commission on Juvenile Justice must review their report findings and recommendations. The deliberate knowledgeable failure of those lawyers to indicate the root cause of the problem in Luzerne County, which also less publicly affects every court in the Commonwealth, was caused by Rule 1.6 - An unconstitutional and repugnant law which has been improperly enacted by the state Supreme Court without proper review of its affect on constitutional rights.

You attention to this matter of statewide importance is appreciated.

Respectfully,

Terance Healy
Todd M. Krautheim

Monday, July 21, 2014

Heroes and Villains

10525988_10203718014287721_1732846077595245390_nI posted the following 'nominations' to the WBTruth Exposing Corruption site.

They presented their list of Heroes & Villains on the steps of the Luzerne County Courthouse on July 17, 2014.




A few nominations...

Heroes... Todd Krautheim, Terance Healy
( Working to expose an unconstitutional law (improperly enacted in every state) which robs people of their rights, and prevents lawyers, judges and law enforcement from any action to expose it.)

Villains... The Wilkes Barre Law And Library Association
(aka... The Luzerne County Bar Association) The lawyers all know they must maintain silence/confidentiality where it would adversely affect the integrity of the judiciary. Silent Complicity.

CHALLENGE... Willian Ecenbarger. Heroes do NOT conceal the actions of Villains.
I might raise the question of the investigative journalist who seems to have switched sides. It would seem that William Ecenbarger, as a NON_LAWYER aware of the lawyers MANDATE OF CONFIDENTIALITY pursuant to Rule 1.6 of the Rules of Professional Conduct, neglects to ever indicate the LAW which silenced the Luzerne County legal community in the face or extreme corruption. Though he is NOT mandated by law to conceal the impact of Rule 1.6, HE DID.

William Ecenbarger now conducts CLE classes for the Bar Association - The Psychology of Secrets.

I excuse Lourdes Rosado, Juvenile Justice Center, for failing to expose the impact of Rule 1.6 Confidentiality in the SILENCE surrounding corruption. As an attorney, she is mandated BY LAW to maintain the 'dirty little secret' of Rule 1.6.

The efforts of the Juvenile Justice Center exposed that the failure of the judiciary to recognize the damage they have caused extends to the Pennsylvania Supreme Court. It was the PA Supreme Court who enacted Rule 1.6. An act of unconstitutional magnitude which was made irreversible at the time it was enacted. Lawyers cannot reveal the damage caused by the law. Two non-lawyers could. AND, Healy and Krautheim did.

Villain... Interbranch Commission on Juvenile Justice - The commission failed to see themselves among “those who knew but failed to speak; those who saw but failed to act.” The commission fails to address their silence, while misdirecting blame to include public officials and private citizens who did speak and were ignored; who did act and were dismissed.

THE COMMISSION failed to indicate any impact of Rule 1.6 Confidentiality of information.

THE COMMISSIONS MEMBERS
Judge John M. Cleland - - - - A judge mandated to follow Rule 1.6.
Judge James A. Gibbons - - - - A judge mandated to follow Rule 1.6.
Judge John C. Uhler - - - - A judge mandated to follow Rule 1.6.
Judge Dwayne Woodruff - - - - A judge mandated to follow Rule 1.6.
Kenneth J. Horoho, Jr, Esquire - - - - A lawyer mandated to follow Rule 1.6.
Jason A. Legg, Esquire - - - - A lawyer mandated to follow Rule 1.6.
Robert L. Listenbee, Jr. Esquire - - - - A lawyer mandated to follow Rule 1.6.
George Mossee, Esquire - - - - A lawyer mandated to follow Rule 1.6.
Darren M. Breslin, Esquire - - - - A lawyer mandated to follow Rule 1.6.
Tod C. Allen
Valerie Bender
Ronald P. Williams

WITNESSES WHO APPEARED BEFORE THE COMMISSION
The president judge of Luzerne County - - - - A judge mandated to follow Rule 1.6.
the former district attorney - - - - A lawyer mandated to follow Rule 1.6.
the incumbent district attorney- - - - A lawyer mandated to follow Rule 1.6.
the county public defender - - - - A lawyer mandated to follow Rule 1.6.
assistant district attorneys - - - - A lawyer mandated to follow Rule 1.6.
assistant public defenders - - - - A lawyer mandated to follow Rule 1.6.
juvenile probation officials ???
former juvenile defendants ???
parents of juvenile defendants ???
school officials ???
county commissioners ???
officials of the Judicial Conduct Board judges and lawyers - - - - ALL mandated to follow Rule 1.6.

Silence, inaction, inexperience, fear of retaliation. Greed, ambition, carelessness. MAYBE.

BUT, There was no ignorance of the law requiring CONFIDENTIALITY… the Commission's failure to act was deliberate and deceptive and calculating.

BTW, Rule 1.6 has a far broader effect than Attorney-Client Privilege. The mandate of confidentiality extends beyond a lawyers death.

Rule 1.6 mandates an obligation to maintain confidentiality where information
- would affect the integrity of the judiciary, or
- would reveal the misconduct of the lawyers office, or
- would expose individual liability of the lawyer, or
- would negatively impact their client.

Government lawyers are unsure of WHO their client even is…
- Public
- Government as a whole
- Branch of government in which employed
- Particular agency or department
- Responsible officers who make decisions with an agency or department.

Rule 1.6 concealed the single point of failure… itself.

THE COMMISSION CONCEALED THAT BIT OF INFORMATION.
- As a result, they took no true step towards preventing another scandal.
- They failed to protect the people.
- They failed to protect the judiciary from further corruption.

Far more frightening, these lawyers now know how to do it... and how to get away with it.

Ciavarella and Coonahan went to jail ONLY BECAUSE they were inept at money laundering.

Thursday, July 17, 2014

Luzerne County Courthouse, Wilkes Barre, PA

Pictures at a Justice Rally assembled today by Congressional Candidate Andy Ostrowski.

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others... JUSTICE IS COMING.

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 12.16.18

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 12.11.42

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 10.14.45

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 12.16.18 (1)

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 12.23.09 (1)

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler.  Betsy Summers and Andy Ostrowski and others 2014-07-17 12.28.42

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others 2014-07-17 12.31.22

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others 2014-07-17 13.18.31

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others 2014-07-17 12.41.55

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others 2014-07-17 10.23.29

Speakers included civil rights leader Jesse Epps, Todd Krautheim, Terance Healy, Diane Gochin, Gabriele Nicole Allen, John Kistler, Betsy Summers and Andy Ostrowski and others 2014-07-17 10.23.23

We the People of the United States,
in Order to form a more perfect Union,
establish Justice,
insure domestic Tranquility,
provide for the common defense,
promote the general Welfare, and
secure the Blessings of Liberty to ourselves and our Posterity,
do ordain and establish this
Constitution for the United States of America.

Saturday, June 28, 2014

O'Reilly thinks American Media is "Corrupt" and "Biased"

oreilly

Bill O'Reilly finds that American media is corrupt and biased because it has not provided what he considers enough time to certain issues. I'll agree.

In a passionate lecture, he showed clear and undeniable evidence of the media’s bias towards Christie’s “Bridgegate” scandal and its virtual silence on the IRS and VA scandals. All Americans need to be exposed to ALL the news.

What O'Reilly fails to see how HIS divisive accusations - which fault liberals and President Obama - only serve to misdirect from the very story he wishes to bring to our attention?

Still O'Reilly doesn't offer the realization that he is a part of an American media which is FULLY CONTROLLED and MANAGED.

Truthful and accurate information without an exaggerated bias is not currently available in the American media. Every news story contains an indicator of a political, religious or other target demographic which causes people to either embrace or ignore the information. I've been wondering if anyone really cares about the truth without the demographic. This harms the country. It harms Americans. The divisiveness subverts our democracy.

The American Media has become ridiculously lazy. Most stories fail to include the basics - who, what , where, when, why and how. Omissions which my children would never have gotten away with when turning in a report for grade school... yet, they are missing from the major networks and national news media outlets.

When the Constitutional Challenge of Rule 1.6 was filed in August 2013 in Philadelphia. Copies of the document filed and an overview explanation was hand delivered to 3 (CBS), 6 (ABC), 10 (NBC), 12 (Public), & 29 (FOX) - with contact information. There was no coverage.

Every newspaper in the Philadelphia area was also contacted and provided the same documents. There was no coverage of the litigation. All of the national television programs were contacted and provided copies. There was no coverage. ONLY ONE had the courtesy of contacting us to indicate they were instructed to ignore the story.

On a trip to New York, I attempted to deliver copies to each major television network and national newspaper. I was redirected by each to deliver the documents to another address. I learned that ALL NEWS producers in New York City were gathered together in two buildings and were NOT in their respective network offices. NBC was the exception.

Suddenly, it became very apparent how easily the news media is controlled and managed in America. The reception people in these buildings were not permitted to take any documents, and were not permitted to allow me access to the offices. Where the network folks had instructed me to leave the documents with reception for their producers attention, I was called a liar by the receptionist who refused to accept any package. It was ridiculous.



As the Constitutional Challenge of Rule 1.6 proceeded thru the federal district court and on to the third circuit appeals court, the news media continued their unanimous disinterest in the case.

The newsworthiness of two individuals challenging constitutionality of a law in every state. A law with the same name, the same number and the same title. The challenge documents filed and served upon fifty-six state attorneys general to address a national problem caused by this unconstitutional state law.

The 'Law' had NOT been written by any legislature, NOR signed by any Governor. The 'Law' had been enacted by each state supreme court without any constitutional review.

Each state supreme court was further not lawfully permitted to repeal the law because it would adversely affect the judiciary.

The state Attorney General was not lawfully permitted to reveal the state supreme courts' mistake.

Every lawyer in the state was not lawfully permitted to reveal the state supreme courts' mistake.

The challenged 'Law' is contained within the Rules Of Professional Conduct which lawyers, judges and law enforcement officials must follow.

The challenged 'Law' is Rule 1.6 - Confidentiality of Information.

The Rules of Professional Conduct – Rule 1.6 CONFIDENTIALITY OF INFORMATION mandate confidentiality of information where the information
- would adversely affect the integrity of the judiciary,
- would reveal misconduct of their own office,
- would expose individual liability,
- would adversely affect their client.


The very law which MANDATES the confidentiality of the legal community has undermined the constitutional rights of Americans.

The victims who lose their rights know they were being mistreated, misdirected and denied justice... while denied any explanation. Unfortunately, no one will listen. Their issues are ignored. They are dismissed as 'sore losers'. No one helps.

Pursuant to Rule 1.6, Judges and lawyers are not permitted to address it, explain it or correct the injustice caused by the 'law'. EVEN WHERE A PERSONS BASIC CONSTITUTIONAL RIGHTS ARE DENIED LEAVING THEM WITHOUT THE PROTECTION OF THE LAW.

Pursuant to Rule 1.6, another court or another judge, is not permitted to address the injustice, or to explain it or to correct it. Most higher courts and Appeals courts ignore the injustice and all evidence relating to the injustice entirely by writing deliberately flawed and misleading opinions which only continue the injustice.

As the courts must safeguard the integrity of the judiciary, there is no court within each state which can address the deliberate injustice. Perseverance through each level of the state courts is necessary and futile. Rule 1.6 affects every level of the state judiciary. The integrity of every court is sacrificed to conceal the lack of integrity of the prior judge(s) in the matter.

The state Attorney General ignores all complaints citing a lack of jurisdiction. THIS IS A LIE. The state Attorney General has jurisdiction to address the injustice, BUT lacks a lawful ability to do so pursuant to Rule 1.6.

Only when viewed from the perspective of the public does the unconstitutional affect become very clear and visible.

Federal Investigators refuse complaints unless submitted by a lawyer or judge, or requested by a District Attorney or Attorney General - all of whom are prevented by Rule 1.6 from making the request.

Any violation of Rule 1.6 is addressed by swift disciplinary action to the violator.

Where the law fails, the loophole is promptly addressed by the state's Supreme Court. The modification of the Rules of Professional Conduct by the state supreme court leaves a trail of activity which can be used to evaluate and demonstrate the intent of the 'law'.

The Federal Courts do not address the 'abuse of power' demonstrated by the state judiciary and will not review an order/opinion decided in the state courts citing dismissal by Rooker-Feldman and Younger doctrines. Where the doctrines do not warrant dismissal, the federal court will ignore facts and law, and misapply the doctrine and dismiss the matter anyway.

The victim is left with no ability to address the deliberate error and the resulting injustice. Frustration grows with each deliberate improper action by the judiciary without regard for facts, or proper procedure or the rule of law. Rule 1.6 Confidentiality mandates the courts sacrifice their credibility and integrity to conceal the injustice.


THE CONSTITUTIONAL CHALLENGE OF RULE 1.6

When the Constitutional Challenge was filed on August 8, 2013, the litigants acted with the forethought to avoid the standard dismissal routines in federal court. The challenge was filed requesting a preemptive review of the constitutionality of the law based on their experience in the state courts.
The challenge was NOT seeking to reverse a state decision.
The challenge was NOT seeking a decision on a matter currently before the state court.
The challenge was NOT filed as an abuse of power under color of law complaint against the state judiciary.

Their litigation in the state courts is the evidentiary support which demonstrates how Rule 1.6 causes and results in the denial of constitutional rights.

Plaintiffs requested that the federal court find the state 'law' unconstitutional and return them to their matters in the state courts where the state judiciary would no longer have a Rule 1.6 mandate for injustice which ignores rights and privileges protected by the US Constitution.

Though the fifty six state Attorneys General all failed to file any document, appearance or answer before their assigned deadlines, the district court ignored their deliberate default and subsequently dismissed the challenge without any basis in facts or substantiation of any doctrine which would support dismissal.

Clearly, the district court was not yet ready to address the constitutional crisis caused by Rule 1.6.

On Appeal, the Third Circuit affirmed the district court decision by issuing an unsigned per curiam order and opinion which neglects to review the facts, and fails to address the issues raised on appeal.

A Petition for Rehearing /Rehearing en Banc was denied. Unsigned Order and Opinion providing 'plausible deniability' for a judiciary which has acted to deny the US Constitution.

The Third Circuit Court was not yet ready to address the constitutional crisis - and were further denying the litigants of any venue to address the constitutional challenge.

The Constitutional Challenge will next be submitted to the Supreme Court of the United States with a concurrent submission to the United States Congress.

Prompt action by the US Congress would permit the Supreme Court Judiciary to maintain some integrity in a matter which has now demonstrated a failure of integrity at every level of the state and federal courts.




It has been noticed that the media frequently fails to completely report issues in politics or government. In cases of injustice and judicial corruption, Rule 1.6 can affect the media's presentation of the facts, and conceal the cause of the situation while preventing any explanation.

The confidentiality mandated by Rule 1.6 was further concealing that Rule 1.6 was the problem.




The corruption known as KIDS FOR CASH went on for years in the Luzerne County Courthouse, Rule 1.6 kept it CONFIDENTIAL. Lawyers, Judges, District Attorneys, Prosecutors, and Public Defenders all mandated to silence while people were victimized.

The conspiracy of silence by the judiciary, law enforcement and legal professionals of Luzerne County prevented the injustice and judicial corruption from being exposed, addressed and corrected and further allowed the crime to continue.

When one judge broke the silence and contacted federal authorities, she was disciplined and removed from the bench for adversely affecting the integrity of the judiciary in violation of Rule 1.6.

The disciplinary actions towards Judge Ann Lokuta by the Supreme Court of Pennsylvania and the Court of Judicial Discipline demonstrate the aggressive methods used to attack and silence those who act in a moral and ethical manner for the greater good.




When the INTERBRANCH COMMISSION ON JUVENILE JUSTICE produced their report on the scandal, they concluded accurately 'What good would [reporting] it do."

The lawyers and judges on the Commission neglected to disclose that Rule 1.6 mandates they not reveal even where Rule 1.6 had caused the breakdown in the justice system.

As stated by Act 32, the Interbranch Commission on Juvenile Justice was to determine how the Luzerne County juvenile justice system failed, to restore public confidence in the administration of justice and to prevent similar events from occurring in Luzerne County or elsewhere in the Commonwealth.


The Commission's failure to identify Rule 1.6 as the cause demonstrates a conspiracy of silence which undermined the assigned purpose of the commission.

Reporting the injustice and judicial corruption involved in the scandal was futile because the courts, the disciplinary boards, the judicial conduct board were also obligated under Rule 1.6 Confidentiality and would take no action.

By deliberately concealing how and why the system failed, the Commission ignored their instructions pursuant to Act 32 in defiance of the Governor, the unanimous Legislature and a clear violation of the public trust. The Commission report is a deliberate fraud which attempts to conceal the truth.

Neglecting to address the failure caused by Rule 1.6 undermines each of the recommendations which the commission proposes. Each recommendation can have no true affect or impact where Rule 1.6 Confidentiality remains to continue to conceal the failure of the system.

The failure of the Commission concealed by the ineffective recommendations and their conspiracy of silence further serves as an endorsement of the corruption enabling and encouraging the repetition, or continuation, of judicial corruption and injustice which places the entire public in jeopardy.




When delivering "The Sandusky Report", Attorney General Kathleen Kane neglected to inform the public that Rule 1.6 mandates confidentiality of information.

The Attorney General of Pennsylvania represents the Commonwealth of Pennsylvania, the Governor, the Attorney General’s office, various branches of the government, their agencies and their officers.

The Rules of Professional Conduct – Rule 1.6 CONFIDENTIALITY OF INFORMATION mandate confidentiality of client information where the information
- would adversely affect the integrity of the judiciary,
- would reveal the misconduct of their own office,
- would expose individual liability,
- would adversely affect their client.




During the campaign for Attorney General, Attorney General Kathleen Kane indicated she would investigate to determine if Attorney General Tom Corbett had delayed or stalled the Sandusky investigation during his run for Governor.

Currently, Governor Tom Corbett is a client of Attorney General Kathleen Kane.

Rule 1.6 prevents the Attorney General from revealing information which would adversely affect the Governor, or that would reveal the misconduct of the Attorney General's office.




The Pennsylvania Supreme Court enacted multiple modifications to the Rules of Professional Conduct with attention to the proper legal handling of email by lawyers and admissibility as evidence in a proceeding.
- on April 3, 2009
- on May 2, 2009
- on April 9, 2012
- on April 18, 2012
- on June 16, 2012
- on July 4, 2012
- on November 21, 2013

While the Sandusky report indicates the loss of email correspondence, efforts to retrieve the data, and the subsequent successful restoration of some emails relating to the progress of the investigation by the Office of the Attorney General.

Rule 1.6 requires that the Attorney General maintain any information as confidential where activity of the Supreme Court modifying the Rules of Professional Conduct presented concurrently with email issues encountered during the Sandusky investigation might adversely affect the integrity of the judiciary.




Attorney General Kane contracted with an attorney to prepare the Sandusky report. Rule 1.6 mandates confidentiality of information to protect his client from any liability.

A Possible Disclaimer relating to Rule 1.6 and the Sandusky Report is available to review here.




The Rules of Professional Conduct were enacted into law by the state supreme court with the clear and deliberate intent to conceal and prevent judges from being prosecuted for judicial corruption and injustice.

Where judicial corruption and injustice has occurred, the integrity of the judiciary is neither preserved nor protected by mandating the participation of judges and lawyers in a conspiracy of silence which ignores the crime and causes further injustice upon the victim.




The largest abuse which can be attributed to Rule 1.6 is the Foreclosure Crisis Nationwide.

Foreclosures affected millions of individuals and families nationwide and represent the most pervasive, malicious and destructively deliberate abuse of judicial authority in reckless violation of the US Constitution, federal and state laws, with an arrogant and shameful assault against the public trust of the entire nation.

The Foreclosure Crisis would not have occurred had the judiciary not been undermined by Rule 1.6.

A Lack of proper lawful standing caused by a fraudulent deed, a robo-signed document, an unidentified or non-existent plaintiff, false or non-existent paperwork, etc... Once initiated and accepted by the court the failure to follow law and procedure results in an injustice which the court then refuses to address, correct or resolve in accordance with the law.

The Rule 1.6 mandate of confidentiality then further prevents the courts and the lawyers from addressing the injustice. These actions include denial of elements of due process and procedure, the negligence of the court to address the rights of the litigant where property is concerned, and denial of equal protection of the law.

The injustice overwhelms the litigant personally, professionally and financially requiring an excessive effort to continually provide the facts to the court.

Millions of people lost their homes based on false allegations, bad information, and facts which the court neglected to consider during the course of overwhelming chaotic litigation.

The courts failed to address the loss of the litigants civil, constitutional and human rights caused by Rule 1.6 confidentiality and the foreclosure crisis swept across the entire nation.

Where Rule 1.6 prevented a lawyer from lawfully petitioning the court to address the injustice caused by Rule 1.6, the injustice, corruption and the destruction of judicial integrity has persisted for years awaiting the realization that the loss of constitutional rights was caused to non-lawyers collaterally by a law concealed within the Rules of Professional Conduct.


INSURRECTION

The litigant, acting in good faith, is unaware that the court is no longer acting with necessary judicial independence neutrally deciding a case by interpreting the law and applying it to the facts and then rendering a final and binding judgment.

Due Process is that which comports with the deepest notions of what is fair and right and just. Due process is violated if a practice or rule “offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental.”

Rule 1.6 Confidentiality undermines judicial independence and further undermines due process for the litigant with the result being a lack of jurisdiction for the court to render a final and binding judgment.

The Constitutional Challenge of Rule 1.6 brings the case within the statute where a right or
immunity created by the Constitution or laws of the United States is an element, and an essential one, of the plaintiff ’s cause of action. . . . The First Amendment, Fifth Amendment and Fourteenth Amendment of the US Constitution.

The right or immunity must be such that it will be supported if the Constitution or laws of the United States are given one construction or effect, and defeated if they receive another.

"It is entirely unimportant, what may be the subject of controversy. Be it what it may, these parties have a constitutional right to come into the Courts of the Union.”
  - 19 U.S. at 378. See Western Union Tel. Co. v. Pennsylvania, 368 U.S. 71, 79–80 (1961); Texas v. New Jersey, 379 U.S. 674, 677 (1965); Pennsylvania v. New York, 407 U.S. 206 (1972).

A genuine and present controversy, not merely a possible or conjectural one, must exist with reference thereto. The Challenge presents denial of rights and privileges protected by the Constitution of the United States which are collaterally denied as a result of an improperly enacted state law.

First Amendment to the Constitution

The Judiciary by failing to conduct the proper review petitioned in the Constitutional Challenge of Rule 1.6 is denying the litigants of their right to petition the government for a redress of grievances.

Fifth Amendment to the Constitution

The Judiciary by failing to conduct the proper review petitioned in the Constitutional Challenge of Rule 1.6 is depriving the litigants of life, liberty, or property, without due process of law.

Fourteenth Amendment to the Constitution

The Judiciary by failing to conduct a proper review petitioned in the Constitutional Challenge of Rule 1.6 is ignoring where the State has made and enforced a law which abridges the privileges or immunities of citizens of the United States; and further the State is depriving persons of life, liberty, or property, without due process of law; and further the State id denying persons within its jurisdiction the equal protection of the laws.

The Judiciary having taken an oath to support the Constitution of the United States and having deliberately acted to deny and abridge the privileges and immunities of citizens of the United States are engaged in insurrection and rebellion against the Constitution and further abusing the authority of their office under color of law in violation of the public trust.

The Good Behavior Clause reminds the other branches that the judiciary is truly independent, it also reminds judges that life tenure is not a license for the wanton or the corrupt. It is in this sense both a shield and a sword—an affirmation of judicial independence and a reservation for judicial removal.

The courts are assured independence through good-behavior tenure and security of compensation, and the judges through judicial review will check the other two branches. The impeachment power gives to Congress the authority to root out corruption and abuse of power in
the other two branches.




THIS INFORMATION IS LEADING DOWN A PATH WHERE I WOULD PREFER NOT TO VENTURE

Having undermined their judicial independence, a fundamental element of the jurisdiction by which they are empowered, the insurrection and rebellion against the Constitution by the judiciary requires the United States Congress to commence impeachment proceedings regarding the seditious activities which have usurped and undermined the government of the United States.

The conspiracy to conceal and continue their corrupt and unconstitutional actions in furtherance of their denial of constitutional rights and obstruction of justice demonstrates the courts unwillingness to take responsibility or demonstrate any sense of remorse for their abuse of power in an arrogant violation of the public trust.

Clearly, the judiciary was aware of the United States Constitution and the law while continuing unconstitutional and abusive actions in violation of the public trust.

Rule 1.6 injustice and corruption exists in civil, family and criminal courts.




Rule 1.6 Confidentiality of Information was not always a law.

The state Supreme Courts began enacting the Rules of Professional Conduct into law in the mid-80's. Prior to being enacted into LAW, the Rules were discretionary.

Once enacted into law, Rule 1.6 Confidentiality of Information became a mandate which caused an unresolvable injustice which was inescapable.

The victim was required to petition the court to address the injustice;
while the court was mandated to ignore the injustice;
to sacrifice the integrity of the judge;
to dismiss the rights of the litigant;
and to ignore proper procedure and the law;
all in the interest of protecting the integrity of the judiciary.

You cannot protect the integrity of the judiciary by sacrificing the integrity of the judiciary.





Insurrection and Sedition to Undermine the Judiciary by the American Bar Association

The impetus for the state Supreme Courts to enact the Rules of Professional Conduct into law was the response of the American Bar Association to the FBI's decimation of the Cook County Courthouse in Operation Greylord.

To address the corruption of the judiciary, the American Bar Association sought to make it illegal to prosecute a judge within a state by making it unlawful for an Attorney General or a District Attorney to take any action to prosecute judicial corruption and injustice as it would adversely affect the integrity of the judiciary.

This was a deliberate action by the American Bar Association which successfully undermined the judicial branch at every level of the judiciary in every state. It further extends into the federal courts.

The Judicial branch has abused it's power at the behest of the American Bar Association.
The Judicial branch has conspired to conceal the sedition by the American Bar Association.
The Judicial branch has had their authority usurped by the American Bar Association.

When South Africa wrote their Constitution in the 90's, they recognized that the judiciary was the power behind apartheid. The critics of the apartheid system were victimized and incarcerated through the courts. South Africa recognized the opportunity for abuse and witnessed the abuse of power occurring in the United States judiciary. They acted to prevent the abuse of judicial power.

It is necessary that the US Congress take constitutional action with regard to sedition and usurpation by the American Bar Association.

The American Bar Association has a full organization structure similar to a government with a hierarchy of elected governors and elected delegates.

The American Bar Association's secret usurpation of the authority of the judicial branch denied the people from the protections of the United States Constitution .

Rule 1.6 Confidentiality demonstrates the relationship between the membership and concealing the truth from the American People even where the rights and privileges provided by the US Constitution have been denied to a large segment of the population.

The American Bar Association of and by its organization and actions to usurp the authority of the judiciary and undermine the United States Government represents a government within the government which has demonstrated successful attempts to control the legitimate government.

The American Bar Association is hereby requested to cease and desist their existence as an organization; to take immediate actions to cease operations and close every office and building belonging to the organization and any associated and related organizations in states, cities, towns and counties nationwide; shut down their internet presence; hold no further meetings of its membership; conduct no further training of its members; cease publication and dissemination of any documents; sell all assets belonging to the organization with proceeds to be secured to permit compensation to victims who have suffered harm and damages resulting from the American Bar Associations actions to undermine and usurp the authority of the Judicial Branch.


A CALL FOR VOLUNTARY RESIGNATION OF ABA MEMBERS IN GOVERNMENT

Senators and Representatives in Congress, holders of office, civil or military, under the United States, or under any State, who having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State having previously taken an oath to support the Constitution of the United States have participated in insurrection and rebellion against the Constitution and the People of the United States abusing the authority of their office in violation of the public trust.

A Call For Elections to replace the membership of the American Bar Association currently holding positions of authority within the United States Government.


REBOOT THE US CONSTITUTION

Time to REBOOT the US Constitution - with one change. It is not logical to permit the judiciary to manage the laws under which it operates as they have demonstrated their failure in that regard.

Thursday, June 5, 2014

Rule 521: NOTICE OF CHALLENGE TO CONSTITUTIONALITY OF STATUTE

June 6, 2014

Kathleen Kane
Attorney General of Pennsylvania
Pennsylvania Office of Attorney General
16th Floor, Strawberry Square
Harrisburg, PA 17120

Superior Court of Pennsylvania #1330 EDA 2013
Healy v. Healy


NOTICE OF CHALLENGE TO CONSTITUTIONALITY OF STATUTE


Pursuant to Rule 521 of the Pennsylvania Rules of Appellate Procedure, Appellant hereby notifies the Attorney General that the above referenced matter before the Superior Court of Pennsylvania raises the issue of the constitutionality of a statute.

The Brief filed with the Superior Court demonstrates the loss of constitutional rights of the appellant in the matter. (Attached)

All prior reports of the injustice and unlawful actions of the Montgomery County Judiciary, including those which are documented in the brief filed on June 4, 2014, have been submitted to the Office of the Attorney General of Pennsylvania and ignored and dismissed based on a purported lack of jurisdiction.

The Attorney General is the chief law enforcement officer in the Commonwealth of Pennsylvania who must follow the US Constitution, the Pennsylvania Constitution, and the Rules of Professional Conduct which were enacted by the Supreme Court. The Supreme Court's authority to enact law is limited to situations where 'such rules are consistent with this Constitution [Pennsylvania] and neither abridge, enlarge or modify the substantive rights of any litigant.'

The Rules of Professional Conduct enacted by the Supreme Court of Pennsylvania have substantially affected the 'jurisdiction' of the Attorney General to act to address injustice and corruption within the courts. The Rule 1.6 mandate of 'confidentiality of information' with regard to client information undermines 'everything' where an attorney general's clients include (1) the public, (2) the Pennsylvania government, (3) the Office of the Attorney General, (4) government agencies and departments statewide, (5) personnel within those agencies and departments, (6) and themselves.

The attorney general is prevented and obstructed from law enforcement responsibilities by a mandate to maintain 'confidentiality' of 'client' information where it adversely affects the integrity of the judiciary, the reputation of legal professionals, self-incriminates, or negatively affects their client.

The Supreme Court, by the same mandate, has caused a 'lawful' requirement to ignore injustice and judicial corruption within every court in the commonwealth.

Previous Codes of Professional Responsibility (among other titles) have included similar guidelines, BUT once enacted into 'law' ignoring injustice and judicial corruption ceased being discretionary and was MANDATED BY LAW.

As evidenced by the associated brief filed with the Superior Court, I have clearly been denied constitutionally protected rights and privileges, justice has been obstructed, laws and procedures have been ignored, judicial misconduct and malicious abuse of power has occurred without recourse.

Why would every level of law enforcement ignore complaints and believe their actions appropriate and lawful? The Office of Attorney General offers the 'lack of jurisdiction' explanation. The Attorney General as Chief Law Enforcement Officer has jurisdiction in the matter BUT is prevented from action by the Rules of Professional Conduct. The Attorney General has jurisdiction but lacks 'lawful' ability to act.

The result, the Rules of Professional Conduct collaterally affect and negate 'the substantive rights of the litigant'. Specifically, Rule 1.6 Confidentiality of Information causes a mandatory conspiracy of silence within the courts which ignores the damage and harm caused to litigants and prevents resolution.

The Supreme Court lacked authority to enact Rule 1.6 into law as the substantive rights of this litigant, and others, have been 'abridged', 'modified', denied and ignored.

I am not the only litigant who has experienced collateral loss of substantive rights guaranteed by the U.S. Constitution. The substantive rights of the children and families of Luzerne County were similarly ignored.

The Interbranch Commission on Juvenile Justice was made up of lawyers (9 of 12) who heard information from county judges, district attorneys, public defenders and the Judicial Conduct Board. Attributing the blame to “silence, inaction, inexperience, ignorance, fear of retaliation, greed, ambition, carelessness.”, the lawyers on the commission maintained 'confidentiality of information' as required by law. Their realization - “What good would [reporting] it do?”

The Commission failed to interview Ann Lokuta, who was removed from the Luzerne County bench and disciplined for violating Rule 1.6. Federal intervention only occurred after Judge Lokuta reported the judicial corruption.

The Commission Report and Reform Recommendations amount to fraud - a deliberate effort to conceal the root cause of the failure of the justice system to address judicial misconduct, corruption and injustice.

The role of the Sheriff as Chief Law Enforcement Officer in the county has been negated and minimized by judicial decisions. Constitutionally, the Sheriff has the lawful authority and resources to enforce the law within the county. Failing to act because the judiciary has convinced them of a greatly diminished role, the non-lawyer Sheriffs (reluctantly) defer authority to the county District Attorney who must follow the Rules of Professional Conduct. District Attorneys take no action to investigate and prosecute the injustice and judicial corruption. Related crimes against the victims of injustice are ignored leaving the litigant with no protection under the law.

On August 8, 2013, The Constitutional Challenge of Rule 1.6 was filed in the US District Court and served upon the Attorneys General of the United States. The matter is currently before the Third Circuit Court of Appeals awaiting a decision regarding a rehearing en banc. The subject appeal is part of the evidentiary support demonstrating the unconstitutional impact of a 'law' enacted in every state.

“What is right is not always the same as what is legal.” was offered by Edward Snowden as an explanation for his actions revealing unconstitutional activity. This statement may also apply to the failure of attorneys general, judges, district attorneys and lawyers to address the unconstitutional actions made 'legal' which have undermined justice over the last 25 years. The American Bar Association's Model Rules of Professional Conduct were rolled out to the states and enacted into law nationwide without the involvement of the state legislatures, the signature of the governors or any constitutional review.

The unconstitutional situation has now been raised in a lawful manner by litigants who are not prevented by law from exposing the matter and have filed with the government to address the issue.

As such, it is the responsibility of the Attorney General to represent the People, to preserve, protect and defend the United States Constitution and the state Constitution, and to recognize that collaterally Rule 1.6 is unconstitutional to the People.

The act of sedition which enacted Rule 1.6 and mandated the silent participation of all legal professionals, perverted the judiciary, sacrificed the personal integrity of every judge, and undermined justice can no longer be ignored and excused because of the intimidation and threats of disciplinary action by the corrupt who have deliberately violated the public trust.

Unconstitutional Rule 1.6 is repugnant and a nullity which can pose no threat of disciplinary action. Any threat of disciplinary action for revealing the injustice, corruption and sedition by the judiciary is a false threat.

Kathleen Kane, the Attorney General of Pennsylvania is the ONLY attorney general served with the Constitutional Challenge who has acted to deny, dismiss and continue to prevent constitutional rights of a litigant. Her actions negated the default actions by fifty-five state attorneys general and prevents, denies and diminishes the constitutional rights of every citizen of the United States. WHY?

Injustice does not end injustice. It extends it.

Respectfully,

Terance Healy


cc: Internet – Work2bDone.com/live
Superior Court of Pennsylvania #900 EDA 2014 Healy v Miller
Montgomery County #2007-12477 Healy v Healy
Montgomery County #2013-29976 Healy v Miller
Third Circuit Court of Appeals # 13-4591 Healy, Krautheim v The Attorneys General
Eastern District of Pennsylvania #13-4614 Healy, Krautheim v The Attorneys General



There are only two lawful ways to resolve the Constitutional Challenge of Rule 1.6.

1. By the deliberate default by the Attorneys General in federal court, resulting in Rule 1.6 being declared unconstitutional without the court's interaction.
2. An Act of Congress.

The Federal Judiciary has a mandate which does not permit them to adversely affect the integrity of the judiciary. If the decision goes to the federal judges, they are required to sacrifice their integrity and write orders which have no basis in fact, law or legal doctrine.
Examples are documented in EVERY order from a federal judge.

The state Supreme Courts are under the same mandate. As such, they too are legally prevented from repealing their law, or finding it unconstitutional. The Federal Court did not certify the constitutional challenge with each state court because it would have required a false answer.

The state Legislatures are similarly prevented from action. The non-lawyer governors may have legal authority, however the attorney general or private counsel are not permitted to advise them of such.

Sunday, June 1, 2014

Kids for Cash... The deliberate failure to see Rule 1.6 impact

Rule 1.6 impacts a person quickly causing the loss of their rights and privileges protected by the United States Constitution. No one helps. No one explains.

Rule 1.6 impacts the judiciary as the judges sacrifice their integrity without explanation - the victims learn to have no faith or trust in the judiciary.



INTERBRANCH COMMISSION ON JUVENILE JUSTICE
So extraordinary were the circumstances that the executive, legislative and judicial branches of Pennsylvania government agreed to undertake a noncriminal investigation to determine the root causes of the breakdown of Luzerne County's juvenile justice system and to propose remedies.

As stated by Act 32, The Interbranch Commission on Juvenile Justice was to determine how the Luzerne County juvenile justice system failed, to restore public confidence in the administration of justice and to prevent similar events from occurring in Luzerne County or elsewhere in the Commonwealth.


THE COMMISSION FAILED TO RECOGNIZE THE IMPACT OF RULE 1.6 CONFIDENTIALITY OF INFORMATION. Here's a few reasons / influences...















THE COMMISSIONS MEMBERS
Judge John M. Cleland A judge mandated to follow Rule 1.6.
Judge James A. Gibbons A judge mandated to follow Rule 1.6.
Judge John C. Uhler A judge mandated to follow Rule 1.6.
Judge Dwayne Woodruff A judge mandated to follow Rule 1.6.
Kenneth J. Horoho, Jr, Esquire A lawyer mandated to follow Rule 1.6.
Jason A. Legg, Esquire A lawyer mandated to follow Rule 1.6.
Robert L. Listenbee, Jr. Esquire A lawyer mandated to follow Rule 1.6.
George Mossee, Esquire A lawyer mandated to follow Rule 1.6.
Darren M. Breslin, Esquire A lawyer mandated to follow Rule 1.6.
Tod C. Allen ???
Valerie Bender ???
Ronald P. Williams ???


















Witnesses who appeared before the commission:
The president judge of Luzerne County A judge mandated to follow Rule 1.6.
the former district attorney A lawyer mandated to follow Rule 1.6.
the incumbent district attorney A lawyer mandated to follow Rule 1.6.
the county public defender A lawyer mandated to follow Rule 1.6.
assistant district attorneys A lawyer mandated to follow Rule 1.6.
assistant public defenders A lawyer mandated to follow Rule 1.6.
juvenile probation officials ???
former juvenile defendants ???
parents of juvenile defendants ???
school officials ???
county commissioners ???
officials of the Judicial Conduct Board judges and lawyers mandated to follow Rule 1.6.
and others ???


Prosecutors, defenders and probation officials had witnessed and had participated in proceedings in Ciavarella's courtroom.

The Commission finds a complex and nuanced picture in which many individuals may be seen to have shared the responsibility attributing their inaction and silence to inexperience, ignorance, fear of retaliation, greed, ambition, carelessness.

For some, hesitation to act stemmed from a quandry: They were not sure where to turn to report concerns.

For some there was a coinciding skepticism: What good would it do?

"WHAT GOOD WOULD IT DO?" is not coinciding skepticism. It is the impact of the unconstitutional 'law' that caused the moral and ethical quandry where injustice and denial of constitutional rights is mandated to conceal the corruption and injustice of the judiciary.

THE COMMISSION FAILS TO RECOGNIZE THAT THE MAJORITY OF THEIR INFORMATION WAS PRESENTED BY PERSONS WHO MUST FOLLOW THE RULES OF PROFESSIONAL CONDUCT?
AND THAT THE LAW MANDATES CONFIDENTIALITY?
AND HAD THE CORRUPTION BEEN REPORTED TO ANY SUPERIOR, OR HIGHER COURT OR DISCIPLINARY BOARD OR JUDICIAL CONDUCT BOARD, THEY TOO WERE MANDATED FOR CONFIDENTIALITY?

Silence, inaction, inexperience, fear of retaliation. Greed, ambition, carelessness. MAYBE.
BUT, There was no ignorance of the law requiring CONFIDENTIALITY... their failure to act was deliberate and deceptive and calculating.

Rule 1.6 mandates an obligation to maintain confidentiality where information
- would affect the integrity of the judiciary, or
- would reveal the misconduct of the lawyers office, or
- would expose individual liability of the lawyer, or
- would negatively impact their client.

Government lawyers are unsure of WHO their client even is…
- Public
- Government as a whole
- Branch of government in which employed
- Particular agency or department
- Responsible officers who make decisions with an agency or department.

Rule 1.6 concealed the single point of failure... itself.


After all, Rule 1.6 was why the District Attorney did not prosecute the judges or ever investigate.

After all, Rule 1.6 was why the Attorney General did not prosecute the judges or ever investigate.

After all, Rule 1.6 was why Judge Ann Lokuta was removed from the bench for reporting the corruption to the FBI. The Commission failed to interview Judge Ann Lokuta. The FBI involvement was in response to HER report. While the Commission was meeting, Judge Ann Lokuta was disciplined for violating Confidentiality of Information.

While the Juvenile Law Center may be credited with exposing the injustice and corruption, you must recognize that The Supreme Court of Pennsylvania didn't care about their complaint. NOT ONE BIT. Repeatedly dismissing it in every format submitted. Rule 1.6 required that they dismiss.

The Supreme Court of Pennsylvania's own law enacted in 1987 (effective 1988) undermined their own power to act, or take steps to rectify the situation. Rule 1.6 sacrificed the judges integrity. Rule 1.6 prevented and denied justice.

Rule 1.6 undermines and causes the loss of the constitutional rights of the people of the Commonwealth of Pennsylvania. The Kids for Cash scandal exposes the deliberate actions of the 'law' and the effect on the families and the communities.

Post Operation Greylord, The ABA wanted to make sure judges could not be prosecuted for corruption and injustice... so the ABA made it possible to deny the constitutional rights of people and children leaving the victim with no other place to turn but to go to the wrongdoers and request justice - and when ignored and denied, they were forced to return again and again without mercy.

Injustice doesn't end injustice. It extends it.


References:
Interbranch Commission on Juvenile Justice
Summary of Recommendations
Progress Report
Kids for Cash Final Report


Kids for Cash Luzerne County Task Force

Kids for Cash Beck Report(Life before)

Lokuta Opinion
Lokuta Sanction
Lokuta Dissent
Lokuta Opinion and Order 2nd
Lokuta Opinion 2nd
Lokuta Order 1st
Lokuta Opinion and Order

Sunday, September 22, 2013

Kids for Cash

Kids for Cash happened because Rule 1.6 of the Rules of Professional Conduct prevented lawful action. With all of the injustice, there is one thing which it seems no one bothered to do. Point to the cause and present a solution. The Constitutional Challenge to Rule 1.6 is the solution which ends lawful injustice.

The story behind Rule 1.6 is more frightening... it was deliberate. it was intentional. It was executed by the American Bar Association.

When you consider the holocaust, people often indicate the world learned important lessons. It seems the American Bar Association learned how to do it better - pulling this off under the noses of 300 million Americans and enacting a law in every US State - - severe punishment to any lawyer who revealed it.



book
When thirteen-year-old Matthew appeared in front of Judge Mark Ciavarella for throwing a piece of steak at his mother’s boyfriend, he was sentenced to seven weeks at PA Child Care, a private, for-profit juvenile detention center in northeastern Pennsylvania. Angelia was fourteen when she and a friend scrawled “Vote for Michael Jackson” on five stop signs. Charged with vandalism and defacing public property, Angelia was sent by Ciavarella to PA Child Care without her epilepsy medication and suffered a grand mal seizure her second night. Fifteen-year-old Charlie, arrested for unknowingly purchasing a stolen motorbike, was convicted of a felony and sent to PA Child Care for six weeks.

Matthew, Angelia, and Charlie are just three children among the thousands who appeared in Ciavarella’s courtroom between 2003 and 2008 and were sent away—often with no attorney present and after only cursory hearings—to a detention facility in which, it later came to light, Ciavarella had a personal financial stake. As Kids for Cash reveals, this miscarriage of justice underscores a multitude of problems with our juvenile justice system, which too often criminalizes standard adolescent behavior, treats adolescents more harshly than if they were adults, and denies them their most fundamental constitutional rights.

William Ecenbarger, a Pulitzer Prize and George Polk Award–winning investigative journalist who covered the case for the Philadelphia Inquirer, now gives us the first book-length account of this shocking story. In the tradition of true-crime legal thrillers from The Executioner’s Song to A Civil Action, Ecenbarger exposes a deeply corrupt and broken system that ruined the lives of many children and ultimately led to the judge’s conviction on charges of racketeering, fraud, tax violations, money laundering, extortion, and bribery. Fastidiously researched and utterly propulsive, Kids for Cash takes us deep inside a profoundly flawed legal system, revealing the twisted and haunting realities of America’s juvenile justice system.

Review
"A harrowing tale, lucidly told by a journalist with a good eye for detail. . . . [Kids for Cash reveals] the deep gap between cherished ideals and harsh reality in a country addicted to incarceration." —The New York Times Book Review

"The story is incredible: Thousands of children wrongfully sentenced to juvenile detention centers, many without legal representation and after cursory hearings, by two rogue judges in northern Pennsylvania who received millions of dollars in bribes from the private institutions’ owners. . . . William Ecenbarger, a Pulitzer Prize-winning investigative journalist, has brought this stunning story to book form in a deeply researched, compelling tale." —The Boston Globe

"The worst stain (so far) on Pennsylvania, a state with more than its share of stains, is that of the Luzerne County judges who sent thousands of children to private prisons in exchange for millions of dollars in kickbacks. . . . Bill Ecenbarger offers a detail-packed, sickening account of the scandal and its impact. Anyone caring about courts, justice or children should read it." —The Philadelphia Inquirer

"If only this were fiction. William Ecenbarger deserves our gratitude for shining the brightest of spotlights on a tragic, scandalous situation that brought pain and devastation to the lives of countless children and their families. Kids for Cash demands the attention of everyone who cares about justice." —Bob Herbert, Distinguished Senior Fellow at Demos and former New York Times Op-Ed columnist

"A chilling account of how two Pennsylvania judges traded children's freedom for personal profit while the rest of the Commonwealth looked the other way. Parents will tuck their children in a bit tighter after reading this true-crime heart-stopper." —Nell Bernstein, award-winning journalist and author of All Alone in the World: Children of the Incarcerated

"William Ecenbarger exposes Pennsylvania’s recent juvenile justice disgrace wherein thousands of youth were illegally sentenced to a private detention facility in exchange for millions in kickbacks for the judges who sentenced them. His heartfelt, articulate outrage raises disturbing and critical questions about the destructive power of greed in our criminal justice system, and the legal and social systems that support it through silent acquiescence."—Tara Herivel, attorney, author and co-editor of Prison Profiteers: Who Makes Money from Mass Incarceration and Prison Nation: The Warehousing of America's Poor

"A gripping and inspirational 'must read' for anyone concerned about the health and well-being of children." —Liz Ryan, President and CEO of Campaign for Youth Justice

"A gripping story of judicial incompetence, a system that ignored it, and the thousands of kids scarred for life—a story that begs for juvenile justice reform across America." —Steven C. Teske, Chief Judge, Juvenile Court of Clayton County, GA, author of Reform Juvenile Justice Now

"An unimaginable story of abuse, greed, and corruption that also reveals the broader problems with our society's failure to protect some of its most vulnerable, powerless, and at-risk members—a critically important book." —Bryan Stevenson, founder and executive director of the Equal Justice Initiative, New York University Professor of Clinical Law

"This exposé of judicial indiscretion, greed, and money laundering reads like a thriller. The setting is the Luzerne County, PA, juvenile court system between 2003 and 2008, when two judges mishandled the criminal cases of thousands of children. After presenting a rather unflattering history of the region, citing a ‘culture of corruption,’ Pulitzer Prize—winning journalist [William] Ecenbarger describes the background and criminal activities that form the heart of the case. The book is based on 200 interviews and reflects the author’s insider knowledge of the scandal, which he covered for the Philadelphia Enquirer. . . . A solid, shocking work of investigative journalism, recommended for civic-minded general readers and students of juvenile justice issues."
—Library Journal