2015
08.11

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COMMONWEALTH OF PENNSYLVANIA

v.

Terance Healy

STATEMENT OF DEFENDANT ON AUGUST 10, 2015

The criminal allegations are unfounded.

I have not previously and do not intend to waive any rights under Pennsylvania Law, the Pennsylvania Constitution or the Constitution of the United States.

I have not signed any Waiver of Counsel. There has been no colloquy.

My appearance at this, or any, proceeding should not be misconstrued in any way to suggest or indicate any waiver of any protection of the law or the constitution of the Commonwealth of Pennsylvania which provide for the jurisdiction of the courts.

ATTEMPTS TO RESOLVE ISSUES DIRECTLY WERE UNANSWERED

The attorney for the Commonwealth and the Montgomery County District Attorney have been contacted to address those issues which affect the proceeding on this date. THERE HAS BEEN NO RESPONSE.

I appear at this time in the interest of resolving necessary issues which will permit me to prepare to represent and defend myself.

This document incorporates and includes the following documents filed in this matter in their entirety:
– Statement of Defendant on April 9, 2015
– Letter to District Attorney Risa Ferman
– Notice to Appear for Arraignment
– Statement of Defendant on June 10, 2015
– Letter to Attorney General Kathleen Kane on June 11, 2015
– Waiver of Arraignment – coerced under duress on June 10, 2015
– Challenge to Jurisdiction dated June 19, 2015
– Letter dismissing a Private Criminal Complaint dated June 23, 2015

NON-WAIVER OF COUNSEL

I do NOT waive the right to be represented by an attorney/lawyer/counselor.

I am destitute and cannot afford an attorney.

Every attorney within the Commonwealth of Pennsylvania is mandated by the Rules of Professional Conduct UNLESS and UNTIL they recognize the unconstitutionality of the law enacted by the Supreme Court of Pennsylvania.

A waiver of counsel with the knowledge of potential “dangers and disadvantages of self-representation” cannot be executed where comprehension, acknowledgement and experience demonstrate the affect of Rule 1.6 Confidentiality of Information which causes the facts to be ignored.

Defendant recognizes that this Court will likely proceed without regard for the procedures and laws established in the Commonwealth of Pennsylvania and THAT DELIBERATE AND BLATANT DISREGARD will be ignored at every level of the Court pursuant to Rule 1.6 Confidentiality of Information.

The Defendant recognizes that the judiciary have improperly enacted Rule 1.6 into law without authority.

The Defendant recognizes that the judiciary have mandated CONFIDENTIALITY with regard to the improperly enacted and collaterally unconstitutional Rule 1.6 Confidentiality of Information.

The Defendant has communicated the issue to the Pennsylvania Legislature as the Legislature has the sole authority to suspend a law pursuant to the Constitution Of Pennsylvania.

The Defendant has communicated the issue to Governor Thomas Wolf as the governor has the authority to call the Legislature to Harrisburg to address the issue.

The Attorney General of Pennsylvania, Kathleen Kane, has been kept informed of the matter as her responsibilities include review of the constitutionality of laws within the commonwealth.

Kathleen Kane has indicated in the media that ‘secret orders from unidentified courts’ mandate that she personally neglect the responsibilities of the Office of the Attorney General to which she was elected.

– Those orders correspond to actions in the Superior Court of Pennsylvania where the responsibilities to address the constitutionality of a state law pursuant to Rule 521 has resulted in the unavailability of orders and documents in several cases. The Superior Court has not substantiated their actions in law.



THE DELIBERATE AND INTENTIONAL FAILURE TO FOLLOW THE LAWS AND THE RULES OF CRIMINAL PROCEDURE AND THE NEGLECT BY THE DISTRICT ATTORNEY AND THE ATTORNEY FOR THE COMMONWEALTH CAUSE A DENIAL OF THE PROTECTION OF THE LAW FOR THE DEFENDANT AND IGNORE THE CONSTITUTIONAL RIGHTS OF THE DEFENDANT…
… while concealed and remaining unaddressed pursuant to Rule 1.6 Confidentiality of Information.


SUBJECT MATTER JURISDICTION

The actions of the Court in this matter are UNEXPLAINED and/or UNSUBSTANTIATED where issues which have not been addressed by the District Attorney deny the court of proper subject matter jurisdiction in this matter due to deliberate procedural errors, the failure to follow procedures and laws, and the failure to address the rights of the defendant protected by the constitution of the United States.

The following topics require more research and effort on the part of the Defendant who has not been provided time to research and prepare while attempting to address the issues involved in the matter before this Court.

In the interest of keeping the Court advised and informed of issues and questions which are raised regarding the matter, the Defendant respectfully provides the following listing:

1. The Defendant requests to be formally informed of the Charges against him.

2. The ‘Arraignment’ paperwork indicates “SEE TRANSCRIPT” yet, the Defendant has not been provided the transcripts for the matter.

3. The revised copies of the complaint have not been signed by the District Attorney as required by law.

4. Their appears to be a conflict of interest with the Montgomery County Judiciary. A majority of the judges having been directly involved in matters which relate to this case since 2007.

5. Their appears to be a conflict of interest where the matters directly relate to ‘secret orders from unidentified courts’ which prevent Kathleen Kane from her elected responsibilities as Attornry General of Pennsylvania.

6. There appears to be a direct conflict of interest where the Montgomery County District Attorney has neglected to address, investigate, prosecute or respond to criminal complaints which relate to the matter and which demonstrate the ‘confidential’ neglect caused by Rule 1.6.

7. The Defendant requests the Court excuse the costs of subpoenas which must be served in this matter to properly prepare a defense. Subpoenas must be served upon the entire Pennsylvania Legislature, several courts which have neglected to provide documents, the Office of the Attorney General, county and local law enforcement agencies, and others.

8. The Defendant has not received complete documentation in the INFORMATION recently received from the District Attorneys office which has been contacted and refused to address the missing documents and pages.

9. An apparent forgery of the signature of Risa Vetri Ferman appears on the incomplete INFORMATION when compared to the signature which appears on the Complaint served upon Kathleen Kane in recent days.

10. Where the incomplete information prevents the Defendant from preparing an effective and complete defense to the, as yet, informal charges identified, Defendant requests the Court address the failure to of the District Attorneys office to follow procedures and laws and provide a deadline for the production of items which have been available for the preparation of the case against him.

DEATH THREAT

Within the INFORMATION paperwork provided was a five page document from a witness in the matter which demonstrates an effort to provision, plan and train to kill the Defendant based on irrational, paranoid and delusional events.

The District Attorney’s Office have had this document since March and failed to advise the Defendant of this credible threat to his life.

The witness is living in the Defendant’s Home and has not produced any documents which contradict the documented, reported and neglected fraudulent conveyance of the property, or demonstrate a ‘purported’ lawful ownership of the property.

The Office of the District Attorney has refused to address the issue.

The Montgomery County Court of Common Pleas has improperly denied jurisdiction with prejudice.

The Superior Court of Pennsylvania documents are incomplete, unsubstantiated, and unsigned. The paperwork supports the decision of the lower court.

Where access to the courts is being improperly prevented by an incorrect lack of jurisdiction, the matter was raised in February to the Governor and the Legislature to address this lack of jurisdiction. It is my understanding that this document is the basis for the criminal charges.

Yet, a letter which clearly plans, provisions and trains for the Defendant’s execution based on detailed deluded and paranoid ideations has been ignored.

The true threat in this matter is being ignored. Rule 1.6 has that influence on the integrity of the judiciary and the legal profession while under a confidential mandate to undermine and deny the constitutional rights of litigants.

Respectfully Submitted,

Terance Healy

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2015
08.09

When the courts deliberately do EVERYTHING IMPROPERLY.
Without law.
Ignoring rights.

An injustice can trigger Rule 1.6 Confidentiality. 

Where the law and a person’s Constitutional rights cannot be recognized because of the deliberate unlawful corrupt and unconstitutional actions of lawyers in the case…

Then, Rule 1.6 is clearly unconstitutional.

The Judiciary had no authority to enact Rule 1.6 pursuant to the state constitution. 

“if such rules are consistent with this Constitution and neither abridge enlarge nor modify the substantive rights of any litigant”

Rule 1.6 Confidentiality OBLITERATES  the rights of litigants and causes an inescapable injustice which can further terrorize the victim litigant for the rest of their lives.

District Attorney Risa Vetri Ferman did you seriously just stand before the media and discuss actions “conducted without regard to rules, and without regard to collateral damage”?

Seems the Montgomery County District Attorney has conducted a criminal proceeding against me…
where my right to counsel was ignored,
where I have not been properly informed of the charges against me,
where the complaint has been modified 3-4 times,
where an Arraignment was scheduled BUT instead I was coerced under threat of rearrest to sign a waiver of arraignment. ( Minutes after filing a document which clearly indicated an Arraignment was necessary. )

While failing to address any of these issues when raised to your attention, and neglected by the court, the Montgomery County District Attorney proceeded to provide incomplete documents, refused to return calls EVER, had her staff hang up on me repeatedly, … and never prosecuted anyone for crimes against me… because you were duped into joining the team investigating/harassing me since 2007.

OH YES, CONCEALING THE DOCUMENTED EFFORTS OF A PERSON WHO WAS PROVISIONING, PLANNING AND TRAINING WITH OTHERS FOR MY EXECUTION while they lived in my home which they stole.

Keeping me destitute and homeless has been a daily humiliation and struggle. But, Murder is serious collateral damage.

Imagine the surprise seeing the forgery of your signature on the incomplete INFORMATION documents.

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It reminded me of when Randall Henzes did a similar action which undermined a Constitutional Challenge, 56 state Attorneys General, the US Constitution, and violated the Public Trust.  He Rule 1.6’d the Rule 1.6 Challenge and no one could speak about it.  Yes, he should be prosecuted FEDERALLY.

Rule 1.6 has clearly been triggered and will proceed to undermine the law, Constitutional rights and judicial independence.

The arrogance of perpetrating a fraud in the furtherance to harass and intimidate a man who survived and persevered through judicial cruelty and prosecutorial neglect ( your endorsement ) before 20 members of the Montgomery County Judiciary since 2007… while denied justice and access to the courts by lawyers in the clerks office at every court in the state and FEDERALLY.

Mrs Ferman, you have clearly adopted the twisted brand of law enforcement boasted about by Bruce Castor as “schooled in how to really hurt you” and “to [screw] others.”

Your services are no longer wanted in Montgomery County.

2015
08.02

“You fight for the things you believe in. I believe that things need to be changed.
THAT CHANGE is now fighting back against me.
It is definitely a fight I am ready for, and I will take to the very end.”.
– Kathleen Kane, Pennsylvania Attorney General

JUSTICE IS COMING.

http://pittsburgh.cbslocal.com/2015/07/16/kathleen-kane-investigation-perjury/

2015
07.31

District Attorney Risa Ferman isn’t a prosecutor as much as a crime boss.  Her office had interfered with justice and the law.  She has stopped investigations into crimes against me.

In the last year the number of murder suicides which have cases in the family courts has become publicly undeniable.  Rampages, chains saws, gunshots… Dozens have been killed.

Risa Ferman uses those events to suggest she is tough on crime.  BUT, SHE IS PROVOKING THE CRIMES.  And where she has not been able to provoke me, she is now prosecuting deluded ideations of a paranoid criminal who stole my home.

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The District Attorneys office has NEVER returned a call.

The District Attorneys office has NEVER provided an answer for the failure to prosecute.

The District Attorneys office has a policy of hanging up as soon as I identify myself… Or when they notice the callerid.

The Staff falsely indicates the DA has a conflict of interest… But, of course, she does. Risa Ferman wants to call me a criminal by provoking me to irrational actions. She has failed.

RISA FERMAN HAS FAILED FOR HER ENTIRE TENURE IN OFFICE. While terrorizing me. While using confidential informants to set me up. It turned out that her informants recognized the manipulations and showed more conscience than the DA. It’s not so easy to set up an honest person. SINCERITY can be a superpower.

Ferman has been able to get others to snap though. The deaths, the children left behind, the risk to law enforcement officers is apparently of little consequence… Ferman will use the emotions from prevents to promote herself. It’s a lie.

I have attempted to resolve every issue within the law and without trickery.

I walk in the front door and identify myself and the issue… This is something they cannot comprehend… Or address.

2015
07.30

I see the spin doctors at work… I do not wish to be the next Sandra, Trayvon, …
I do not wish for my town to become the next Ferguson, Baltimore…

They will justify my murder saying a mom was protecting her kids.  Whether I am murdered on the street, in the courthouse, or in my home.

They will suggest I was violating a BAIL order where I have been charged with the crime of contacting the Governor for assistance – this request has been twisted into a crime for which I was arrested and denied constitutional rights, and lawful procedure has been ignored.

The FACT is that two parents who stole a property have placed the owner of the property in direct line of fire.

The FACT is  that they are attempting to use their children to conceal that they have no lawful rights to be on the property. 

The FACT is that they suggest it supports their effort to murder the owner.

The FACT is that they are clearly criminals profiting from the corruption with the Montgomery County Judiciary.

The FACT is that while arming themselves against an imagined threat, they threaten the lawful owner.

THEY HAVE NEVER PRESENTED ANY LAWFUL DOCUMENTS TO SUPPORT THEIR INVALID DEED TO THE PROPERTY… NOR HAVE THE ATTORNEYS… NOR HAVE THE POLICE… NOR HAVE THE DETECTIVES… NOR HAVE THE COURTS.

The FACT is that they have only shown their invalid deed to the title insurance company and been compensated.  Their $400,000 mortgage was paid off.

But, that doesn’t give them lawful title to the property.  It just means they live there for free.

THEY DISTRACT FROM THEIR CRIME… while they received the title insurance because of the fraudulent conveyance.

The jeopardy which they have imagined and accused demonstrates their neglect of their children by placing them in their imagined ‘harms way’.

Their continued criminal actions DO NOT make their prior crimes legal… And do not make an invalid deed valid.

The District Attorney who has deliberately prevented any investigation – even when recommended by the County Recorder of Deeds, AND who has prevented FBI investigation, AND who has conspired with police to bring false contrived charges remains ever silent … while threatening to prosecute an Attorney General for looking into the matter.

Attorney General Kathleen Kane has been prevented by two SECRET ORDERS FROM UNIDENTIFIED COURTS from the duties of her office.
1. Healy v Healy
2. Healy v Miller
Both cases in the Superior Court of Pennsylvania required the interaction of the Attorney General.
Both cases have Documents which have been denied from distribution to the litigants.

The Constitutional Challenge of Rule 1.6 has demonstrated the unconstitutional actions of the court staff which interfere with the administration of justice, deny the law, and prevent the rights protected by the US Constitution.

I have been referred to as the ‘worst kept secret in Pennsylvania’ by Attorney General Kathleen Kane.

This blog pulled her from the fires in Montgomery County Courts when it revealed that CONFIDENTIALITY is not mandated when a lawyer is defending herself.

NOW, Judge Carpenter, facing a clear conflict if interest is taking aim at me…

BUT, the clear planning, provisioning and training for my murder in the documents held by the District Attorneys Office excuses CONFIDENTIALITY pursuant to Rule 1.6

I do not wish to be the next American murdered in the name of INJUSTICE IGNORED PURSUANT TO RULE 1.6 CONFIDENTIALITY OF INFORMATION.

2015
07.29

I wrote to the Governor, Legislature and Attorney General in February 2015. I was subsequently arrested and charged with making terroristic threats based on my use of the word ‘peril’ once in my document.

A document written by the purported victim is the most terroristic threat I have ever experienced. A copy is available here.. Bear in mind. I have never met, seen, spoken to to had any direct interaction with the writer of this deluded and paranoid epistle which plans, provisions and trains for my murder.

YET, I AM THE ONE BEING PROSECUTED FOR MAKING A THREAT?

fermanThe District Attorney has had this document for 6 months. My life has been in direct jeopardy from this person and her armed friends and family. The DA did nothing.

I have been indicating for months that this prosecution was an attempt to have me killed. I WAS CORRECT.

When there is a direct, credible, documented, endorsed and admitted threat to someones life, Rule 1.6 Confidentiality cannot be used to excuse the non-disclosure of lawyer.

It is necessary to remind yourself while reading this document that
– I have never met this person
– I do not know this person
– This person has stolen my home
– This person has received $400,000 because of the fraudulent conveyance of my property
– This person is living in my home valued at $550,000
– I am not involved in any way in any of the imagined events in the document

Statement of Jennifer K Miller on March 14, 2015.

I was arrested from my mother’s home on March 13, 2015. I have subsequently been denied my constitutional rights and protections of lawful procedure.

I have been denied an Arraignment to inform me of the charges against me which are listed as “see transcript”. A transcript has not been provided.


I want the Office of the Attorney General to prosecute Risa Ferman and all involved.

Rule 1.6 Confientiality does not apply when there is a significant and substantiated threat to any person’s life.

District Attorney Risa Ferman and her staff have conspired to conceal the threat to my life and in doing so have violated the law AND the Rules of Professional Conduct which can no longer stand as a weapon which denies my constititional rights and the protection of the law.

In February,  I had lawfully written to the Governor and Attorney General requesting they assist in the return of my property which had been illegally transferred through a fraudulent conveyance.

My letter is the basis of criminal charges against me for which I was arrested and subsequently denied my constitutional rights and the protections of lawful procedure.

Yesterday, a package was received from the DA’s office.  I contacted the DA to obtain the missing parts of referenced documents.  My request was refused.  Arlene who was responsible for the contents indicated she could not do anything and refused to escalate the call or transfer me to the DA.  She hung up.  I called back and that call was sent to a voice mail which was not returned.

In the package was the most troubling and twisted letter which documented the provisions of firearms and other weapons, the effort to train with the sole intent being my death, the misguided and deluded interpretation of my responsibility for actions where I had no part.

ALL ASPECTS OF THIS DOCUMENT DEMONSTRATES A TERRORISTIC THREAT TO MY LIFE BY THE PEOPLE WHO HAVE STOLEN MY HOME.

The recent payoff of a $400,000 mortgage is indicative of a title insurance payout likely based on the fraud documented in the mishandled Healy v Miller case.

I demand the Attorney General take action.

Please confirm receipt.
Terance

2015
07.28

A Package arrived today.  Unsigned documents relating to the Criminal Charges.
Incomplete documents.  References to Police Reports which previously were not provided, or listed. 

The funny thing is…. In the entire ream of Information… THERE IS NO MENTION OF THE DEED TO THE PROPERTY.

It is the central issue.  BUT, the lawyers cannot address the deed because it is invalid and exposes the judiciary to criminal proceedings.  (Judges acting without any subject matter jurisdiction is NOT protected by judicial immunity – compounding it by preventing an Appeal makes it worse still.). Avoiding the deed because of Rule 1.6 nondisclosure requirements is clearly the only logical reason the primary issue has been completely neglected. 

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Esq.?  Seriously?

So I call the number provided to obtain the missing elements… The District Attorneys office transfers me to Arlene who confirms that is her responsibility UNTIL she hears the case info and suddenly can do nothing… cannot escalate the issue… cannot transfer me to District Attorney Risa Ferman… cannot provide any information… Arlene simply hung up. 

I called back asking for DA Ferman… I was transferred to another person’s voicemail. 

In the absence of any ability to present the truth in a court, creating ‘horseshit’ which would annoy even the most patient judge will cause a general disregard… because who would want to resolve all the issues… because when they have a contrived false allegation… by someone’s parent ?… which seeks to neglect the issue by creating  distractions… not following any procedure, or law… ignoring constitutional rights… Do you pay attention to the details like laws and rights??? Or just let that rai!road operate.

Apparently, the DA has not returned calls, tweets, etc… It might permit the issues to be addressed.  But, knowing that they will need more rhetoric to throw… So the incomplete INFORMATION.  Creating rhetoric to misinform and distract from the real issue is their intent… Imagine trying to address the Court with everything.

My requests for investigation of the crimes of the judiciary are not listed… or stranger still, listed as OPEN… For years the “cannot provide any information or status regarding an ongoing investigation” excuse has been the response.

I have attempted to resolve and address each corrupt and illegal action by the district attorneys office e and court administration.  Come to think of it, that complaint about the coerced under threat Waiver of Arraignment didn’t make the file either.  Rule 1.6 confidentiality undermines justice.

The Hearing Statement will now grow several more pages… They are seeking to prosecute and punish me by their failure to anything properly … and they know there is no one who is going to address all of their ‘mistakes’. Deliberate, intentional, chaotic, exhausting and unrelenting efforts to prevent the Law and deny Constitutional Rights.

Risa Ferman, tell me ‘Why did you want to be District Attorney?’… Your predecessor, Bruce Castor was right in his job qualifications – “schooled in how to really hurt you” and “to [screw] others”.
– failing to conduct any investigations
– shutting down any investigations
– ignoring Constitutional Rights
– ignoring the Law
– ignoring the rules of criminal procedure

Rule 1.6 fraud in the furtherance (concealed by nondisclosure and condentiality) exceeds even the most evil ideations in Montgomery County.

Unconscionable injustice… makes the District Attorneys office into the most arrogant type of terrorist organization… When every effort violates the US Constitution, the law, ethics, and morality… I guess it may explain why you cannot face your victim, or return calls.

2015
07.27

The United States was founded on the ethical and moral statements which appear in the Declaration of Independence and the Preamble of the Constitution of the United States. The ethical principles of Do No Harm, Make Things Better, Respect Others, Be Fair, and Be Loving are the true basis of our society,

With those principles as a guide, the Constitution set out to form a more perfect union… establish justice… ensure domestic tranquility… provide for the common defense… promote general welfare… and secure the blessings of liberty for every American.

The US Constitution – The Supreme Law of the land.

No law may violate the provisions of the US Constitution. If any state of federal law is found to violate the Constitution… IT IS NO LAW. A NULLITY, AS IF IT NEVER EXISTED. BUT, it is, until it ain’t.

Law

Each State Constitution must respect and not infringe on the rights and liberties secured by the Constitution. Every State Law must adhere to the provisions of the US Constitution and the respective state constitution. The constitutionality of laws are challenged regularly in Federal courts, and in the state courts.

Privacy

Although the word “privacy” does not occur in the United States Constitution, some amendments (e.g., freedom of speech and to peaceably assemble, protection from unwarranted search and seizure, and to be “secure in their persons, houses, papers, and effects) provides safeguards against unbridled government intrusion.

The makers of our Constitution undertook to secure conditions favorable to the pursuit of happiness.

They recognized the significance of man’s spiritual nature, of his feelings, and of his intellect.

They knew that only a part of the pain, pleasure and satisfactions of life are to be found in material things.

They sought to protect Americans in their beliefs, their thoughts, their emotions and their sensations.

They conferred to individuals, as against the Government, the right to be let alone – the most comprehensive of rights, and the right most valued by civilized men.

Privacy involves the basic entitlement of people to decide how much of their property, thoughts, feelings, or personal data to share with others. In this sense, privacy seems essential to ensure human dignity and freedom of self-determination.

The Fourth Amendment of the U.S. Constitution protects against searches that violate your reasonable expectation of privacy, which is loosely defined as something for which society as a whole would consider legitimate.

The 1967 Supreme Court case Katz v. United States held that the government may not record a conversation made from a public phone booth (with the glass door shut), even if the recording device is on the outside, since the individual making the call has a reasonable expectation of privacy.

You have a reasonable expectation of privacy within your home; your office (if closed to the public); and most mail sent or received through the U.S. Postal Service, to name a few examples. You have a much more limited expectation of privacy when out in public places, though none with respect to items left in the garbage outside your home.

An invasion of one’s privacy could raise one of the following claims:
Intrusion of Solitude
Appropriation of Name or Likeness
Public Disclosure of Private Facts
False Light
Most U.S. jurisdictions allow civil lawsuits for the claim of invasion of privacy, the specifics of which are largely controlled by state laws.

Confidentiality

Confidentiality refers to a general standard of professional conduct that obliges a professional not to discuss information about a client with anyone. The concept is represented in the middle-sized inner square – narrower than the concept of privacy, but more broad than privilege.

Confidentiality may also originate in statutes (i.e., laws enacted by legislatures), administrative law (i.e., regulations promulgated to implement legislation), or case law (i.e., interpretations of laws by courts).

When cited as an ethical principle, confidentiality implies an explicit contract not to reveal anything about a client except under certain circumstances agreed to by both parties.

The roots of the confidentiality concept are in professional ethics rather than in law. A discretionary matter where disclosure of confidential material without the client’s consent was permitted in those unusual circumstances where not to do so would result in clear danger to the person or others.

Privilege

The concepts of privilege and confidentiality often become confused, and the distinction between them has critical implications for understanding a variety of ethical problems.

The concept of privilege (or privileged communication) describes certain specific types of relationships that enjoy protection from disclosure in legal proceedings. The breadth of this very narrow concept is represented in the smallest oval.

Designation of privilege originates in statute or case law.

Traditionally, such privilege extended to attorney-client, husband-wife, physician-patient, and certain clergy relationships. Normal court rules provide that anything relative and material to the issue at hand can and should be admitted as evidence.

When privilege exists, however, the client has a degree of protection against having the covered communications revealed without explicit permission.

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THE DILEMMA

Dilemmas around confidentiality arise when the principle of confidentiality is in possible conflict with other ethical principles such as avoiding harm to others.

The Judicial Branch is permitted to enact laws for the administration of the courts. Those laws must still abide by and not interfere with or infringe upon the protections of rights and liberties within the state constitutions and the Constitution of the United States.

WHEN THE STATE JUDICIARY ENACTED A CONFIDENTIALITY LAW FOR THE LEGAL PROFESSION PROVIDED BY THE AMERICAN BAR ASSOCIATION IN THEIR MODEL RULES OF PROFESSIONAL CONDUCT,

– THE JUDICIARY NEGLECTED TO EXAMINE THE CONSTITUTIONALITY OF THE LAW – Rule 1.6 Confidentiality of Information.

– Where the law collaterally infringes upon the protections of the US Constitution, the Judicial Branch did NOT have the authority to enact the law.

The resulting nondisclosure and confidentiality required of all legal professionals can result in a victim of injustice having no protection of the law, finding all constitutionally protected rights ignored, without any ability to address the situation or protect himself from being victimized further within a system which is not permitted to explain… and where all lawyers must participate.

– THE LAW IS THE LAW. It must be respected until it is proven unconstitutional and is NO LAW, a nullity which never had the force or effect of law.

– THE PROVISIONS OF THE LAW – A MANDATE OF CONFIDENTIALITY AND NONDISCLOSURE – DOES NOT PERMIT THE JUDICIARY TO SUSPEND OR REMOVE THEIR UNCONSTITUTIONAL LAW.

– SINCE MARBURY v MADISON, THERE HAS BEEN NO PROVISION FOR CONSTITUTIONAL REVIEW BY THE EXECUTIVE OR LEGISLATIVE BRANCHES. Constitutional review is under the exclusive purview of the judiciary.

– The American Bar Association promoted their Rules to every state. From 1984 (New Jersey) to 2009 (Maine), Rule 1.6 Confidentiality of Information began ignoring the victims of injustice within the courts.

EVERY PERSON MATTERS

The McDade Murtha Amendment prevents any federal lawyer or investigator from assisting the victim in regaining their rights. McDade Murtha requires federal employees to follow the Rules of Professional Conduct within the jurisdiction they are working. Contrary to the strong efforts of many US Attorneys and Attorneys General, the US Congress passed the bill into law. (Could it be that the AG’s obligation of nondisclosure prevented them from fully explaining the disasterous results to Congress?)

The Federal Courts have adopted into their “Local Rules” the same requirement to follow the Rules of Professional Conduct within the jurisdiction.

IT GETS WORSE…

When the ABA committee wrote their Model Rules, their membership voted to remove two provisions from Rule 1.6 Confidentiality of Information. Removed were ‘The Fraud Provisions’ which would have permitted disclosure to prevent a further fraud, OR to rectify a fraud.

Once removed, further fraud and efforts which prevents rectification AND ACTIONS WHICH PREVENT RULE 1.6 FROM PUBLIC EXPOSURE would be held confidential.

The membership of the affiliated state and federal bar associations, which exist at every jurisdiction of the courts, could interfere with the administration of the courts, obstruct justice, deny access to the courts, provide unsigned per curiam opinions which neglected any relevant issue, etc…

Under the belief that they were protecting the judiciary from the tainted cases, the legal professionals held the judiciary hostage and prevented judges from fully witnessing and experiencing the affects of the Confidentiality.

THE CONSTITUTIONAL CHALLENGE OF RULE 1.6. the improperly enacted and unconstitutional law which provided “nondisclosure” to the interfering lawyers and legal professionals was not immune. Even when filed and served upon the state Attorneys General from every state and territory.

In the Eastern District of Pennsylvania, unsigned per curiam orders without any basis in law undermined the case. There were no hearings.

In the Third Circuit Court of Appeals, unsigned per curiam orders failed to address the issue. There was no opportunity to address the fraud in the lower court’s opinion.

In the Superior Court of Pennsylvania, Pennsylvania Attorney General Kathleen Kane having been informed of the constitutional issues before the court in Healy v Healy and Healy v Miller – WHERE THE DENIAL OF CONSTITUTIONALLY PROTECTED RIGHTS WERE OCCURRING REALTIME BY THE COURT STAFF – ‘secret orders from unidentified courts’ ordered Kathleen Kane, the individual, to neglect the responsibilities of the office of Attorney General. Requests for Court documents were denied without any basis in law.

Without a cause for relief and damages, Kathleen Kane was prevented from having standing to challenge the secret orders before the court. Where Rule 1.6 Confidentiality was demonstrated unconstitutional, it was recaste into a direct order for the Attorney General to ignore the injustice.

Healy v Healy had been before twenty judges of the Montgomery County Court of Common Pleas since 2007. A deliberate injustice – a secret court order issued in August 2007 by Judge Rhonda Daniele triggered lawlessness and nondisclosure without relief. That secret order was discovered in August 2010.

Where the Court has acted without jurisdiction, and has no way of retroactively addressing their corruption, the denial of constitutional rights and any protection of the law continues.

in August 2013, The Constitutional Challenge of Rule 1.6 finally addressed the problem within the American Legal System. I had survived to discover that it was illegal for a lawyer to address the issue.

The lower court’s deliberate neglect and failure to address defective orders and the resulting lack of jurisdiction demonstrates that their judicial independence had been compromised and justice undermined throughout the matter. The egregious abuse of power under color of law by the members of the Montgomery County Judiciary can only be described as a farce. A very cruel farce.

Failing to address the lower courts reprehensible and systemic lapse in integrity does nothing to absolve the judiciary of responsibility for their actions or to resolve the damage and harm caused to their victim.

Yes, I know what the lower court has done. I survived the abuse. I am attempting to escape it. I am prevented from life while any resolution is prevented. But, I am not a lawyer. I am under no improperly enacted unconstitutional mandate of confidentiality. I have been referred to as ‘the worst kept secret in Pennsylvania.”

TO FIX THE PROBLEM WITHOUT THE INTERFERENCE OF LAWYERS, AND LEGAL PROFESSIONALS…

I am requesting a meeting with Pennsylvania Governor Tom Wolf. A non-lawyer.

1. Pursuant to the Pennsylvania Constitution, the Governor may call the Legislature to assemble in Harrisburg.

2. Pursuant to the Pennsylvania Constitution, The Legislature has the only authority to suspend a law. The non-lawyer Senators and Representatives can take that action, while the lawyers on the Judiciary Committees take no action to expose their hostage judiciary.

3. Once suspended, without Rule 1.6 Confidentiality to conceal their corruption, the Supreme Court of Pennsylvania can restore independence and integrity to the judiciary, the LAW to every Pennsylvanian and the Constitution to every American.

…. and then, the other states (but one) can follow suite.

Expect a humiliating series of judicial mea culpas… The over 45 million foreclosures in the US. Thousands of families from Cash for Kids. Family Court. While the courts have terrorized less than 10% of the US population, nobody has paid attention.

Justice is Coming.

Pennsylvania, America Restarts Here.

2015
07.21

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* Lawyers are permitted to expose the fraud of their clients if they have not been paid, OR to defend themselves in confidential disciplinary proceedings before lawyers obligated to confidentiality.  Oops, NO PROSECUTION EVER!

2015
07.19

Everyone is given a candle that burns just for them.  When your flame flickers and you fear it will go out, know not even the strongest wind lasts forever;  and there are other lights to guide you even in the Darkness … and when your candle burns bright, you can ignite the hearts of others and hope will spread like wildfire… Always Keep Fighting, and you’ll never fight alone.

I persevere.

JUSTICE IS COMING.

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