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Nazareth, Pa., United States

Monday, April 09, 2007

Judicial Arrogance on State and Local Level

Justice Ronald Castille is angry. You see, he's the thief who penned the dishonest opinion that affirmed a payraise for judges only. A Pittsburgh law professor has correctly called that opinion a "transparent judicial swindle." Castille, who doesn't like the truth, is intimidating this lawyer by threatening to have him disciplined. "I have a reputation that I've earned and I'm not going to take it lying down when some liberal law professor goes around charging me and my court with criminal conduct." Hey Ron, would it be OK if a conservative law professor called you a crook? Talk about bias. This is unbridled judicial arrogance by "a petty tyrant."

Unfortunately, on a local level, we have more of the same from little gods who think their black robes give them superpowers. Berks Democrats has a perfect illustration.

Two weeks ago I met a woman battling her husband for custody in a nasty divorce fight. She began emailing me after reading my blog The Pennsylvania Progressive. I read some of her documentation about problems in the county family court system and began asking some questions. One of the things she told me was how she is trailed by security wherever she goes in the courthouse and services center.

Sure enough that's what happened. I've gotten familiar with some of the security people there from my frequent attendance at meetings. I asked the guards why they were following this woman and the answer was that it had been ordered. That was obvious but I needed a direct answer to the direct question. Tuesday I asked the manager of the SGI security team who ordered the security blanket on this diminutive woman and the answer was court administration. Again, what I expected. I then called court administration and asked them which judge ordered the security. They haven't replied but I already know the answer: Judge Scott Keller.

I also know why he ordered the suffocating security escort for this woman: she's representing herself (and doing it quite well from what I observed) and gets emotionally involved because Keller has taken her children from her and she's prevented from even seeing them. Divorce and custody cases are highly emotional and can get charged. At least they do when the parents truly care about their children. This woman happens to suffer from ADD, a fact which is in the case file. As a result she has a tendency to raise her voice, an occurrence she isn't cognizant of at the time. I witnessed this myself and she explained to me it was because of her Attention Deficit Disorder.

Well it seems that Judge Keller doesn't like it when a disabled person's disability disrupts his courtroom. He had this woman arrested for contempt and sent to jail because of her disability. That's a serious violation of her federal civil rights under the Americans with Disabilities Act. If I were sitting on a jury and heard this woman was sent to Berks County prison for contempt because she wasn't aware she'd raised her voice during an emotional court proceeding I'd be outraged. Well, I am anyway.

Judge Keller has exposed the County and it's taxpayers to some serious tort liability through his conduct. He has also greatly wronged this woman. He is up for retention in two years and, if he runs, we should vote against his retention. Rumors about the Judge are rampant and there is speculation his own divorce may result in his not seeking retention. Let's hope so. Meanwhile let's hope the County doesn't lose too much in this civil rights lawsuit.
Update: In additional to an editorial condemning Justice Castille today, the Morning Call today reports on "gifts" being given to judges who seeking seats on appellate benches. Most states ban these little perks. It's judicial arrogance.

6 comments:

LVDem said...

I had no idea this blog existed.

Bernie O'Hare said...

Berks Dems is a wonderful blog. It is focused on county government, and I really enjoy seeing how that area reacts to the same problems we face in the LV.

Anonymous said...

Bernie, the Morning Call actually had an editorial in today about the Castille thing with a viewpoint similar to your.

It is pretty bad when a commentator on the legal system is basically told to shut up or be disciplined by the bar. Now that is corrupt!

Bernie O'Hare said...

Thanks for leting me know about the MC editorial. I'm going to update my post to mote the editorial as well as a news story about "gifts" supplied to judicial candidates.

Anonymous said...

Bernie,

Octogenarian Anna Mae Kessler, formerly a resident of Plainfield Township at 574 Bangor Road until Northampton County officials abducted her in February of last year and forced her into the Williams Manor Nursing Home at 164 Baron Road in Bushkill Township.

That's where Anna Mae is still being held incommuncato from most of her family members and other loved ones.

Meanwhile, another octogenarian, Warren County resident Alice Mae Kitchen, is being held under identical circumstances in Room 314 of the Slatebelt Nursing Home at 701 Slate Belt Block, Bangor Borough, Northampton County.

You know of the Anna Mae Kessler tragedy, Bernie, and acknowledged that citizens like her need a shield between them and an increasingly de-humanized government that is warehousing victims like Anna Mae and Alice Mae.

Or, in your words, "Who's going to guard the court-appointed 'guardians,' or words to that effect.

And when I told you Anna Mae's "guardians" refused to appeal Judge William Moran's decision to commit her and failed to advise her of her Constitutional right to appeal, you gave me a copy of a Bucks County-committed woman who won just such an appeal.

Northampton County Court of Common Pleas Judges Jame Hogan and Edward Smith were slso party to Judge Moran's decision - and County Executive John Stoffa - were parties to Moran's decision leading inexorably to the incarceration of Anna Mae.

I have been at the Golden Age Club with our mutual friend John Todaro (tch, tch, Bernie, not "John Turdaro," when sales exectives would also be there.

Under the guise of "invited guest speakers," they were there to recruit the elderly for the developers and marketers of "assisted-living" facilities, sprouting like mushrooms in Northampton and Lehigh counties, like Abraham Atyeh.

Anonymous said...

Bernie,

Except for the cooperation of the police departments of Bushkill and Forks townships, Anna Mae Kessler's loved ones wouldn't even know of her whereabouts to this day.

Attempting to file an appeal on behalf of Anna Mae of Northampton County Court of Common Pleas Judge William Moran, failure to get the cooperation of county officials, and concerned about the time requirement for filing the appeal, I in desperation went to the Forks Township Police Deparment.

I went there because of I knew Anna Mae's daughter Phyllis Elwood there, on Mitman street. I also went because earlier that day Plainfield township's K-9 police officer had advised to to file a "Welfare Check" request.

I hoped to find Anna Mae at her daughter's house so that I could have her sign the appeal, as a explained to the police patrolman who accepted my request.

That's when he told me that based on his experience, Anna Mae was already in the custody of a nursing home. Nevertheless, the police when to Phyllis's home and determined that Anna Mae was not at that address, but with no information of her location.

I returned to home in Easton and phoned Anna Mae's niece Serena Nelson who lives with her husband Tony and two dogs in Phillipsburg, New Jersey.

Looking randomly through the yellow pages of the telephone bood, Serena located her aunt's located at the Williams Manor assisted-living facility at 164 Baron Road, Bushkill Township, Northampton County.

Our mutual friend John Todaro (tch,tch, once more, Bernie, please cease and desist from resist referring to John as "John Turdaro") and I then went to the Bushkill Township Police Department where I filed another "Welfare Check" request.

The police accepted and confirmed Anna Mae's presence there, whereupon John and I returned to William Manor for her to sign the appeal, but were denied entrance and access to Anna Mae.

That has been the status since, and still is, to this date.