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An Abuse of Power: How the Pennsylvania Courts Use Article V Section 10(C)

Jason Bologna, Esq. Copyright (c) 1998

Introduction

AN ABUSE OF POWER: HOW THE PENNSYLVANIA SUPREME COURT USES ARTICLE V, SECTION 10(C) OF THE PENNSYLVANIA CONSTITUTION TO DOMINATE PROCEDURAL LAWMAKING, AND WHY PENNSYLVANIA SHOULD AMEND THIS CONSTITUTIONAL PROVISION

Pennsylvania Civil Rights Law Network Challenges Lawyers' Rights to First Amendment Protections

Pennsylvania Civil Rights Law Network Challenges Lawyers' Rights to First Amendment Protections

PCRLN meets with Pennsylvania Judicial Conduct Board

Through the efforts of Diane Gochin of the Pennsylvania Civil Rights Law Network (PCRLN), the Pennsylvania Judicial Conduct Board (JCB) agreed to meet with her and Andy Ostrowski on June 7, 2013, concerning petitions sent to the JCB on behalf of a dozen Pennsylvania citizens from across the Commonwealth, concerning inaction and dismissal of meritorious complaints of judicial misconduct. Diane had requested a joint meeting with the other Pennsylvanians who petitioned the JCB for action, but the Board agreed to meet only with her at this time.
SEE FULL REPORT HERE

Its Easier to Become a Judge Than A Beautician in PA

Its Easier to Become a Judge than a Beautician in PAIts Easier to Become a Judge than a Beautician in PA

Complaint to the Judicial Conduct Board of the PA Supreme Court as a Result of the June 7, 2013 Meeting

“You cannot solve problems with the same level of consciousness that created them”  Albert Einstein

 

 

 TO THE JUDICIAL CONDUCT BOARD

OF THE SUPREME COURT OF PENNSYLVANIA

Pennsylvania Judicial Center
601 Commonwealth Ave, Suite 3500
P.O. Box 62525
Harrisburg, Pa 17120-0901

In Complaint Against:  JUDGE DEFENDANT1 AND JUDGE DEFENDANT2

Montgomery County CASE

July 8, 2013
 

Statement to Review Committee

This is a resubmission of two judicial complaints, by invitation of the Judicial Conduct Board, at the meeting  of June 7, 2013 with Plaintiff Diane Gochin.  It is requested that it be given priority, because this case has been allowed to unjustifiably fester into its seventh year.  Plaintiff is further requesting that a written opinion be provided to her, by each Board member, justifying their decisions, and to validate that it will receive a full  review by qualified individuals.  Specific issues need to be addressed such as judicial orders being inconsistent with the record, statutes not being applied when mandated and failure to control a miscreant attorney who obviously and continually violated  the rules of conduct.

SUMMARY OF COURT OF JUDICIAL DISCIPLINE SANCTIONS in PA 1993-2011 ONLY 1% of COMPLAINTS RESULTED IN DISCIPLINE

Is the Judicial Conduct Board of the Pennsylvania Supreme Court Ready to Protect the People?

 

Several months ago an email was sent requesting that Pennsylvania court litigants  who had filed complaints with the JCB  but had them dismissed- provide either letters or sign an attached petition  to the JCB and to the Pennsylvania State Legislature.  Very few responded but this update  is for all of you in the State of PA to know that there was some success to this effort..

RESEARCH WHO GAVE $$$ TO YOUR JUDGE

LINK NUMBER 1:  SITE TO RESEARCH CAMPAIGN CONTRIBUTIONS TO JUDGES

LINK NUMBER 2:  PREMIER SITE TO RESEARCH YOUR JUDGES MONEYTRAIL

LINK NUMBER 3:  FEDERAL SITE FOR CAMPAIGN $$ TRAILS


LINK NUMBER 4:  FOLLOW JUDGES MONEY BY STATE

You Can Sue the Opposing Attorney-Example in Pennsylvania

In some states you can -and Pennsylvania is one of those States. There are various "causes of actions" that you can use to sue the opposing party's attorney-which will defeat their defense of protection - "absolute privity" or "immunity.''  Although you may also have to file a Motion for Change of  Venue to avoid the massive prejudice you will face as a pro se litigant trying to defeat the county bar association. I will also be posting an example of that type of Motion.

THE PRO BONO MYTH

THE MYSTERY OF THE PRO BONO MYTH

The biggest problem litigants often have is Pro Se (representing oneself) discrimination.  We often hear that people lose their homes and life savings from lawsuits.  The illusion here is that one party in a lawsuit loses, and has to pay the other party.   The fact is that people are financially devastated from attorney’s fees- not from the opposing parties.  Without a lawyer, no matter how skilled you are at writing and research, you will be victimized by unavoidable bias and collusion.  This is inevitable in a system that allows judges to serve in courts where they have already worked for decades. 

Why Judicial Merit Selection Will Not Work

The merit selection is definitely NOT the answer to ending judicial corruption and ensuring impartial tribunals.  Merit selection will not stop backroom deals and other favors to get on the bench. The only thing that will rescue the justice system in Pennsylvania, from the clutches of the organized crime family that controls it today- is intense oversight in every county. 

Ombudsman or civilian advocates, paralegals or other trained individuals who have NO AFFILIATION with the local bar associations,  must be given the power to carry out the control over the rogue judges that are wreaking hovoc on innocent victims- especially in the realm of the family court system.  Racketeering by judges and attorneys, in places like the Montgomery County, Delaware County and Allegheny Courts of Common Pleas, supported by their brethren in the Appellate level- has run rampant and unchecked for years.  Having their buddies in the General Assembly put them in office will only make political favors even more lucrative.

 Mechanisms that will alleviate the massive fraud and theft now being perpetrated  at the county level- would be limiting all divorces to 12 to 18  months- and any case that gets protracted longer than that would trigger an automatic review by the oversight committee- who should be given the power to impose monetary fines both the judges and the lawyers for extorting funds from vulernable litigants. These fines  should go to the litigants who have had  assets extorted from them by these common methods now being used by lawfirms, and facilitated by the judges that they put on the bench.  Here are some more no brainers:

ACTION IN QUO WARRANTO ..Another Avenue of Attack in Pennsylvania

Action in Quo Warranto allows you to challenge the authority of a public official to take certain actions. More coming soon- when the results are in to the one this author is doing- as it is rarely done. It can also be used to challenge the authority of a person's qualifications to hold public office- gee.. this could be used to remove half the judges in the state!

I am using it against a judge.. so stay tuned folks!

Montgomery County - Judge Kelly C. Wall

UPDATE:  January 18, 2014 - In August of 2013, thirty days after seven-year divorce litigant, Diane Gochin, spoke before members of the Judicial Conduct Board in Harrisburg, Pennsylvania- Judge Kelly Wall recused.  She illegally ruled over the case for four years, issuing 30 orders that financially ruined the litigant.  As Judge Wall admitted to having a conflict of interest, her orders now must be vacated.  However, there appears to be no precedent case law in Pennsylvania regarding this , so it will be an uphill battle, as the bar association has a vested interest in defeating this Motion for Declaratory Relief, and will  probably be going to the PA Supreme Court.  This judge absolutely broke every rule of conduct and must be impeached.

Kelly C. Wall ran for the Judiciary in 2009. She got her legal degree later in life, and had less than ten full years of experience.which is the requirement. .She may have held her license for ten years, but she did not have litigation experience. Dockets in Bucks County and Montgomery County, PA show that Wall had only handled custody hearings. She clearly misrepresented her expertise in the law. She is presiding now over complex litigation, and her incompetence has caused massive damage to many families in Montgomery County. Furthermore, after a serious abuse of discretion consisting of discriminatory remarks in one case- it was also discovered that she had concealed campaign contributions from the opposing party's attorney, even after being confronted in court.

Why Repeal Pennsylvania Constitution Article V Sect 10 (C)?

The goal of this site is to enlighten citizens of the State of Pennsylvania, and other affected States, to the root of the judicial system crisis we now face. Honest people are losing their assets, their children and their freedom- due to the racketeering and organized crime- that has taken over the American legal system.

The 'justice' system  has been perverted into a commerce system- as a result of a very specific mistake in legislation. In 1968, a "constitutional convention" was held in Pennsylvania by a group of lawyers- and Proposition 7 was passed amending the State Constitution with Article V.  The Supreme Court interpreted the Statute as giving themselves self-regulatory powers and the right to pass their own rules without interference from the legislature.  This is a complete violation of the U.S. Constitution which mandates that only Congress can pass laws. It also effectively usurped the checks and balance system between the branches of government, which is the keystone to a democratic system.   Approximately 22 other States passed similar legislation around this time. 

A Civil Rights Lawyer Targeted for Defending the U.S. Constitution

Without the Moon...

February 14, 2013

  Tomorrow, Don Bailey’s colleagues and their co-conspirators at the Disciplinary Counsel of the Supreme Court in Harrisburg, Pennsylvania, will carry out an unmitigated attack on this  dedicated civil servant who fought in the Vietnam War, served as a U.S. Congressman, was the auditor General of Pennsylvania and a civil rights attorney for over 30 years. This is a perfect example of the fatal direction that we were warned of, over a hundred years ago by our nation’s greatest president.