06.05
You have to care enough to read the following. I have removed the personal information because this issue is statewide and national and demands attention. The Justice system is fragile and prone to corruption.
| “Judicial independence does not just happen all by itself. It is tremendously hard to create, and easier than most people imagine to destroy.” – Justice Sandra Day O’Connor, February 2008 |
Justice O’Connor may not recognize that interference with the administration of justice occurs even before any judge is involved… or entirely without a judge.
Judicial Authority comes from the Constitution and is derived directly from the LAW.
In order for a judge to conduct a hearing, they must have authority. They must follow the law which provides jurisdiction.
When a judge has jurisdiction, they are permitted to make egregious and malicious errors for which they are not held accountable. Judicial immunity is very broad even when the judge’s jurisdiction is questionable. As long as the judge is acting as a judge, immunity can apply.
When the judge lacks jurisdiction, they have no authority to issue an order – it would be void for lack of jurisdiction. The order is without force or effect. It cannot be enforced.
Judicial Immunity has even been applied to actions where the judge has lacked jurisdiction and prevented accountability for even the most blatant and cruel judicial actions. Judicial Immunity has such a broad application that there is only one situation where immunity does not excuse the judge’s accountability.
Where the Court is acting in direct violation of the law, the Court lacks SUBJECT MATTER JURISDICTION.
Where the Court disregards and neglects the law which provides jurisdiction, the Judge does not have SUBJECT MATTER JURISDICTION. The Judge has no authority. The Order is Defective. The Order is Void. The Order is without force or effect.
Immunity is offered to judges because the opportunity to appeal their application of the law to a higher court is available to address failures within the system.
BUT, where a Judge acts without Subject Matter Jurisdiction…
AND THEN PREVENTS THE APPEAL OF THEIR DEFECTIVE AND VOID ORDER…
THE COURT DOES NOT HAVE THE BENEFIT OF JUDICIAL IMMUNITY
The Court and the Judges can be held accountable.
When the Court is notified of the Defect which causes their order to be void, the judge may take corrective action without facing accountability.
Jurisdiction is the responsibility of the Plaintiff in the matter. The Plaintiff must address the DEFECT issues which cause the lack of Subject Matter Jurisdiction.
Enforcement of a DEFECTIVE and VOID order is a criminal act.
Where the Court compounds the error by issuing subsequent orders based on a DEFECTIVE and VOID order, the Court lacks jurisdiction to issue or enforce those orders. Efforts which enforce subsequent orders based on DEFECTIVE and VOID orders are criminal acts.
Where the Court further compounds the damages to the litigant by neglecting to recognize and correct the ERROR by issuing subsequent retaliatory orders – while based on their DEFECTIVE and VOID orders they are without force or effect. There is no retroactive jurisdiction.
A litigant who has raised the DEFECT issue for the Court to address, citing the damages being caused by those corrupt orders, and their improper enforcement without regard for their validity… finds himself without recourse.
Petitions are ignored.
Appeals are not sent to the higher court.
The Court lacks immunity.
The actions of the judge expose the corruption of the prior judiciary in the matter.
The prevention of any appeal moving forward prevent any recourse within the courts.
There are no methods which provide for retroactive jurisdiction.
The damage to the Litigant is IGNORED… by everyone… everywhere…
The damage caused by unlawful and unconstitutional actions is IGNORED… by everyone… everywhere.
The litigant can have no success where the defective and voids orders are connected. They discover they have no protection of the law.
CONSTITUTIONAL VIOLATIONS ARE IGNORED.
CRIMES ARE IGNORED.
INJUSTICE IS IGNORED.
Where the corruption of the system is evident, the explanations are never provided. The actions of the court are not explained or substantiated by citing the applicable law. There is a reason they neglect to indicate the applicable law.
THE REASON
The applicable law is Rule 1.6 Confidentiality of Information which permits, requires, mandates that all legal professionals maintain confidentiality and non-disclosure where the issue affects the integrity of the judiciary, the reputation of lawyers, the client, or the lawyers themselves.
When the LAW being applied mandates non-disclosure, the litigant cannot be provided the information indicating the applicable law.
…EVEN WHEN IT VIOLATES THE CONSTITUTIONAL RIGHTS OF THE LITIGANT.
…EVEN WHERE THE LITIGANT IS WITHOUT ANY PROTECTION OF THE LAW.
…EVEN WHERE THE LITIGANT IS LEFT WITHOUT RECOURSE.
Identifying a law which permits denying your constitutional indicates THE LAW IS UNCONSTITUTIONAL.
An UNCONSTITUTIONAL LAW MUST BE FOLLOWED UNTIL IT IS DETERMINED TO BE UNCONSTITUTIONAL – AT WHICH POINT IT HAS NEVER BEEN A LAW.
An unconstitutional law is a LAW until it is not.
How can you address an UNCONSTITUTIONAL LAW which is not permitted to be raised or documented by Legal professionals?
The law is a nullity. An UNCONSTITUTIONAL nullity without force or effect.
THERE’S THOSE WORDS AGAIN.
The State Supreme Court has authority to enact laws which do not affect the substantive rights of a litigant.
Enacted into LAW by the State Supreme Court, The Model Rules of Professional Conduct include Rule 1.6 Confidentiality of Information.
The Litigant is IGNORED. The issues are IGNORED. This is a collateral affect of the mandate of nondisclosure and confidentiality. Not only are the issues being ignored, the applicable law prevents it’s own disclosure.
Rule 1.6 causes an unlawful and unconstitutional denial of rights and the protection of the law. Rule 1.6 is NO LAW. An unconstitutional Nullity. The Judiciary had no authority to enact an unconstitutional law.
The Judiciary. as legal professionals, are mandated by confidentiality and nondisclosure pursuant to Rule 1.6. The Judiciary BY THEIR OWN LAW are not permitted to address it’s unconstitutional law.
CHICKEN / EGG? Unconstitutional nonetheless.
Where the Judicial Branch has taken full responsibility for addressing issues of constitutionality for every law enacted by the Legislature and signed by the Governor, there is no allowance (check or balance) for the Legislative or Executive Branch to review the constitutionality of laws enacted by the Judiciary.
As ALL legal professionals are mandated to confidentiality and non-disclosure of the issue by the unconstitutional law, the lawyers in the Legislative and Executive Branches can take no action.
Affecting litigants, Rule 1.6 does not cause direct damages to legal professionals, this results in a lack of standing to petition the court to address Rule 1.6.
The Fraud Provisions
Removed from the draft of Rule 1.6 were two provisions referred to as the Fraud Provisions.
1- Permitted disclosure where fraud was involved
2- Permitted disclosure to rectify fraud
The result of the removal of the FRAUD PROVISIONS is that Rule 1.6 provides nondisclosure and confidentiality of fraud in the furtherance and fraud to prevent the issue from being recitified.
SUMMARIZED: Legal Professionals are permitted to undermine any effort to address the unconstitutional law.
NO FEDERAL SOLUTION
Local Rules for the District Court and the Court of Appeals within the Federal Courts require legal professionals to follow the Rules of Professional Conduct effective in the state jurisdiction.
The McDade-Murtha Amendment requires all legal professionals in ALL Federal law enforcement agencies to follow the Rules of Professional Conduct effective in the state jurisdiction.
The LAST HOPE
The County Sheriff within the states, and the Federal Marshall Service, have been misinformed and convinced of a diminished capacity regarding their protection of the Administration of Justice and the Judicial Branch is concerned.
As the only law enforcement authorities not obligated under Rule 1.6, the effort which has undermine their authority prevents the lawlessness and unconstitutionality from being addressed.
Placing all legal professionals and law enforcement statewide, and Federally, under an improperly enacted unconstitutional state law has had visible affects on AMERICAN JUSTICE.
Rule 1.6 undermines the Constitution of the United States, and usurps the authority of the branches of government. Unconstitutional Rule 1.6 demands attention.
The Judiciary should have no constitutional authority to decide CONFIDENTIALITY under the purview of administration of the courts. The matter of nondisclosure and confidentiality is the responsibility of lawmakers in the Legislature.
THE ONLY AVAILABLE CORRECTION
The Legislature has the authority to suspend ANY law. The Legislature must act.
Bound by their Oath to preserve and protect the Constitution, Ethical Legal Professionals should take no action. As they are permitted to undermine the effort, Legal Professionals MUST BE IGNORED.
THIS IS NOT AN ISSUE OF BLAME. IT IS AN ISSUE OF RESTORING THE US CONSTITUTION and the STATE CONSTITUTION.
The Executive Branch, the Governor, could call the Legislature to assemble to address the constitutional issue.
The Legislature must also address the lack of responsibility for review of the constitutionality of laws enacted by the judiciary.
CLEARLY, THE JUDICIARY LACKING AUTHORITY TO ENACT UNCONSTITUTIONAL LAWS HAS NOT PREVENTED THEM FROM DOING SO.
Blame
The American Bar Association is responsible.
Their organizations which exist at every jurisdiction interfere and undermine the administration of justice, pervert the independence of the judiciary, and has caused even the most egregious and extreme unconstitutional injustices to be ignored.
The ABA membership has profited greatly from the injustice they created.
EVERY AMERICAN INJUSTICE HAS BEEN IGNORED EVEN WHEN COMMITTED IN VIEW VIEW OF THE ENTIRE COUNTRY.
Rule 1.6 is responsible for the nondisclosure and confidentiality which undermines the integrity of the courts, destroys the reputation of lawyers, and IGNORED the Constitution of the United States.
The system becomes undone at the first point of failure and cannot be easily corrected. The injustice grows becoming more visible and the ability to address the injustice becomes less likely. The litigants, and the defendants are left with no protection of the law and their constitutional rights ignored.
Not because judges and lawyers are friends.
To conceal the sedition of the American Bar Association, the lawyers have turned the government against the people.
INJUSTICE is not an issue of hate. It is not based on race, sex, sexuality, profession or country of origin.
MISINFORMATION AND MISDIRECTION WHICH LEADS TO SOCIAL UNREST AND RIOTING BENEFIT THE ORGANIZATION THAT MADE THEIR CORRUPTION CONFIDENTIAL.
I have been referred to as THE WORST KEPT SECRET IN PENNSYLVANIA.
I have notified every state government. Pennsylvania gets frequent updates.
I have notified the federal government.
The Constitutional Challenge of Rule 1.6 was 1.6’d by lawyers in the Eastern District Court and the Third Circuit Court of Appeals.
Upon learning of the constitutional issue, Kathleen Kane, the Attorney General of Pennsylvania was ordered AS A PERSON to deny and prevent my constitutional rights.
By recasting Rule 1.6 into an order of the court, Kathleen Kane has somehow been prevented from addressing the unconstitutional law which is a responsibility of the Attorney General.
SECRET ORDERS FROM UNIDENTIFIED COURTS prevent disclosure while denying the constitutional rights and the law which is being ignored.
Montgomery County which is where my case originates has attacked the Attorney General in multiple ways all affected by confidentiality and nondisclosure.
There has been silence since I indicated on this web site that Kathleen Kane would be permitted to breach confidentiality to defend herself in court.
The only other condition which permits a breach of Rule 1.6 is death. My life is in danger. The imminent danger to my life will be explained in the next posting.
THIS IS NOW A LIFE OR DEATH SITUATION.
