Monday, June 23, 2014

Stuart Rabner's Selective Sense of Justice.

June 23, 2014 at 12:42 P.M. A list of sources detailing "justice" in legal outcomes and related events in the New Jersey legal system under Stuart Rabner's Chief Justiceship, over the past month alone, will be added to this text in the days ahead. 

Given Mr. Rabner's newly-discovered and surprising interest in the theory of justice and his willingness to grace us all with his personal "philosophy" (his word) of law and justice -- merely for the purpose of comparison -- I direct interested readers to the following works by thinkers who are roughly on the same level as Mr. Rabner when it comes to the "philosophy" of law. All of these men agree with my position as set forth below concerning the requirements of legal justice:

Ronald Dworkin, Law's Empire (Cambridge: Harvard U. Press, 1986).

John Finnis, Natural Law and Natural Rights (Oxford: Clarendon Press, 1980).

Lon Fuller, The Morality of Law (New Haven: Yale U. Press, 1964).

H.L.A. Hart, The Concept of Law (Oxford: Clarendon Press, 1961).

J.R. Lucas, On Justice (Oxford: Clarendon Press, 1980).

John Rawls, A Theory of Justice (Cambridge: Harvard U. Press, 1971).

What follows is a small sampling of items illustrating what I consider New Jersey's systemic jurisprudential failure -- failure in terms of unethical, corrupt, and inept practices among lawyers, judges, and other players in the legal/political system, producing heinous violations of human rights and severe injustices for persons in society. The Chief Justice of the state's legal system must be held responsible for these failures.

Alterations of this text which had been left alone for a while are one indication that powerful officials and judges in New Jersey are not happy about my decision to bring these matters to the attention of U.S. and international authorities. This makes me happy and confirms the wisdom of my decision.  

"Report Ranks U.S. Health Care Last of 11 Developed Nations," The Record, June 17, 2014, p. A-7. (U.S. health care system is 11th out of 11 nations in terms of quality of care afforded to patients. UK is number one. The U.S. legal system is ranked below the health care system among First World nations. As of the most recent assessment the U.S. ranked 17th in "quality of life" or "contentment" in the general population as compared with other First World nations.)

Joe Malinconico, "Christie to Swear In [sic.] Torres at Inauguration: Officials hope visit leads to more help for their city," The Record, June 17, 2014, p. L-2. (Paterson is the location of Mr. Hanson's proposed property to be owned by Hampshire Investment Group that, I am sure, will employ many of the poorest residents of the Passaic County city in executive positions: "Christie Gives Donor $1 MILLION of New Jersey Money.")

Kelly Heyboer, "Study: New Jersey Falls Short in Preparing Teachers," The Star Ledger, June 18, 2014, p. 6. (N.J. is among the worst jurisdictions in the First World in preparing teachers and in the real quality of education available to all students, as opposed to selected schools, despite 30 years of litigation in the Abbott case and a state constitutional requirement of an equal and good quality education for every child. This reality says something important about the ineffectiveness and hubris of the Poritz/Rabner Supreme Court's "activism" in dealing with social or legislative issues. Mt. Laurel is another disaster in the history of New Jersey law. "Monkeying around" with the numbers to indicate educational success fools no one.)

Thomas Zambito, "Insurance Adjuster is Guilty in $1.5 MILLION Fraud: Repair Costs Inflated in Turnpike Case," The Star Ledger, June 18, 2014, p. 13. (Adjusters, many of whom are lawyers, cut deals with plaintiffs' lawyers for kickbacks on settlements that are sometimes shared with Superior Court judges and with insurance defense counsel who look the other way. Most ethics officials affiliated with the NJSBA's so-called "ethics committee" are former prosecutors and/or insurance defense lawyers. I am sure that Mr. Rabner did some insurance defense work and is a former prosecutor whose firm -- Lowenstein, Sadler, Esqs. -- represented Solomon Dwek and, perhaps, Bernie Madoff. This experience may affect Mr. Rabner's current outlook on the bench. "Have you no shame Mr. Rabner?")

Salvador Rizzo, "Christie's Lawyers Reveal Plan for Pension Fight: Crisis Merits Emergency Panels," The Star Ledger, June 19, 2014, p. 7. (" ... lawyers for Gov. Chris Christie yesterday unveiled their defense strategy for taking $2.4 BILLION meant for public workers' pensions, fighting back against a flood of lawsuits from unions and financial managers challenging the plan," in order to make the illegal, legal: "New Jersey Pension Funds Are $54 Billion Short" and "New Jersey Admits Wronging the Poor On Sandy Aid.")

Tom Haydon, "Restraint a Factor in Death of Inmate: County Officials Call Fatality 'An Accident,'" The Star Ledger, June 19, 2014, p. 13. (William Parisio, 25, like dozens of others -- usually, African-Americans and Latinos -- DIE of their injuries inflicted while they are "restrained" in New Jersey jails and prisons, but these persons' lives generate little concern on the part of Mr. Rabner, despite his alleged interest in "justice." Rapes in the state's women's facilities, similarly, have little impact on Mr. Rabner's peace of mind or his alleged "pursuit of justice." Mr. Rabner does seem to be troubled by Solomon Dwek's fate.)

Thomas Zambito, "Miami Man Admits a Role in Multi-State Crime Ring," The Star Ledger, June 19, 2014, p. 17. (Miami and New Jersey-based Martin Lopez, 47, alleged Bob Menendez supporter and cash contributor, admitted his role in a ring that stole $80 MILLION in prescription drug shipments. Not much will happen to determine the distribution of these drugs or who provided "protection" for this operation among New Jersey police officers. Mr. Lopez appears to be making bail, in cash, and will be travelling soon, I believe, to Miami.)

Ben Horowitz, "Thirteen Facing Charges in Racketeering Case," The Star Ledger, June 18, 2014, p. 17. (Thirteen people have been charged in Boonton Township for racketeering in a case allegedly involving Medicaid fraud, kickbacks to doctors -- that means lawyers, too -- falsifying financial records, with the assistance of attorneys, bribery and tax evasion, thanks to officials who are, mostly, lawyers. Ethics, Stuart? Is this Dr. Melgen, Bob? "'Michael Clayton': A Movie Review.")

Lindy Washburn, "Fraud Suspect Cheated Medicaid Before: Called Ringleader of $8 MILLION Kickback Scam," The Record, June 20, 2014, p. A-1. (Fraud scheme involving cooperation and kickbacks to lawyers and cops as well as judges no doubt: Rehan "Ray" Zerbari -- Israeli? -- is the ringleader of a Bergen County group that allegedly bilked the federal program of $8 million. No one involved in the scam is African-American or Latino which makes it unlikely that Mr. Zerbari will go to prison. Friend of yours "David"? "So Black and So Blue in Prison.")

Jim Norman, "Doctor Indicted On Sex Charges: Women Abused in Hospital, Lawyer Says," The Record, June 20, 2014, p. L-1. ("The 55 year-old gynecologist from Tenafly [Ariel Rodriguez lived in Tenafly] has been indicted in New York on charges of engaging in oral sex and other sexual contacts with [at least] 6 victims without their consent over a 10-month period in 2011 and 2012." Robert Haddon, M.D. is too well protected in New Jersey -- where he can probably identify lawyers and other professionals using chemicals to have sex with unsuspecting victims -- to be indicted: "Marilyn Straus Was Right!" and "Diana's Friend Goes to Prison!" then "Edward M. De Sear, Esq. and New Jersey's Filth": Alina Fallat? Estela De La Cruz? Diana Lisa Riccioli? Loretta Weinberg? Sound familiar, ladies?)

Kibret Marcos, "Jury Gets Sex Abuse Case After Girl Recants Story," The Record, June 20, 2014, p. L-3. ("Jurors began deliberating on Thursday in the trial of a Paterson man accused of sexually assaulting a 5 year-old girl." Five years-old may be too young even for attorneys, Debbie Poritz and Bob Menendez, who see themselves as "ethical superiors" of most of their fellow citizens: "Menendez Consorts With Underage Prostitutes" and "Trenton's Nasty Lesbian Love-Fest!")

John Reitmeyer & Michael Phillis, "Jersey Justice Not Blind, Rabner Says," The Record, June 17, 2014, p. A-1. (Severely myopic perhaps? "Roberto Unger's Revolutionary Legal Theory" and "Ronald Dworkin's Jurisprudence of Interpretation.") 

"A Settlement in the Central Park Jogger Case," (Editorial) The New York Times, June 21, 2014, p. A20.

"The man likely to help to decide some of New Jersey's most vexing social and political issues as the leader of the state Supreme Court until 2030 portrayed himself as a judge tasked 'to do justice' and 'be mindful of the impact his decisions have on people's lives.'" 

Jersey "Justice" is usually accused of being not only "blind," but also "deaf" and "dumb" -- very dumb! -- as well as slow to react to outrageous miscarriages of justice. ("Law and Ethics in the Soprano State" and "New Jersey Judges and Lawyers Pay Themselves OT" then "Christie Attacks New Jersey's Corrupt Judges.") 

The worst accusations against "N.J. law" have centered on racism
that required the Justice Department to take over the New Jersey State Police on several occasions, including under Mr. Rabner's tenure as Attorney General and certainly after his admission to the bar during his years in private practice. ("Organized Crime Group in New Jersey's State Police" then "Albert Florence and New Jersey's Racism" and "Larry Peterson Cleared by DNA.")

Mr. Rabner was and has remained remarkably silent on these civil rights issues affecting the minority community in New Jersey. ("America's Holocaust" and "Louis C. Taylor Serves 42 Years as an Innocent Man" then, again, "So Black and So Blue in Prison.")

Stuart Rabner has been informed of my situation, more than once, and of the public dialogue concerning grave injustices committed against me (and many others) by the Office of Attorney Ethics (OAE) in the state as well as mysterious "others." Cops, Stuart? ("New Jersey's Office of Attorney Ethics.")

These "actions" aimed at harming me are the result of legal proceedings originating in New Jersey and, secretly, beyond all boundaries or legality or identifiable origins, through criminal misuse of judicial and political/legal power by N.J. lawyers or ex-lawyers -- besides the police officers -- under the auspices of Mr. Rabner's court and with his knowledge and/or acquiescence. ("John McGill, Esq., the OAE, and New Jersey Corruption" and "New Jersey's 'Ethical' Legal System" then "Have you no shame Mr. Rabner?" and "What did you know, Mr. Rabner, and when did you know it?") 

Secret proceedings where persons are permitted to make unchallenged statements -- often containing factually inaccurate slanders and insults that are witheld from the victim -- are profoundly offensive to America's Constitution and universal standards of "justice." ("Fidel Castro's 'History Will Absolve Me.'")

This offensiveness remains real and true even when the OAE indulges in such loathsome practices. ("An Open Letter to My Torturers in New Jersey, Terry Tuchin and Diana Lisa Riccioli" and "Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture.")

Mr. Rabner has been made aware of the existence of such "secret" proceedings pertaining to me for some time. Mr. Rabner is also aware of my daily requests for the truth in all matters pertaining to me, including any secret reports by the person calling himself "Terry Tuchin" and/or Ms. Poritz's "romantic friend," "Diana Lisa Riccioli." (Again: "Marilyn Straus Was Right!" and "Diana's Friend Goes to Prison!")

Mr. Rabner is further "on notice" of continuing, secret, behind-the-back efforts to interfere with, or violate, my Constitutional rights and damage my economic welfare or ethical rights -- efforts that are "unjust" by OAE officials, or their agents, with apparent and/or actual authority to act for the state of New Jersey. ("Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey" and "Solomon Dwek Gets 6 Year Sentence.")

Mr. Rabner has ignored requests by many persons -- not just myself -- to disclose the truth in order to make amends for crimes committed against me that include thefts, assaults, rapes and the ongoing conspiracy to violate civil rights disregarding federal criminal law. ("Invicta Watch Company" and "Is America's Legal Ethics a Lie?" then "New Jersey's Office of Attorney Ethics.")

Mr. Rabner is aware of obstructions of justice and various frauds on his court (including the OAE producing a false and paid "witness" who lied on the record with the OAE's knowledge). The lies were offered pursuant to instructions by persons preparing that witness to testify falsely, allegedly, including John McGill, Esq. of the OAE. ("Sexual Favors For New Jersey Judges" and "Deborah T. Poritz and Conduct Unbecoming to the Judiciary in New Jersey.")

No effort has been made by Mr. McGill, the OAE, nor by Mr. Rabner to acknowledge "tampering" with the evidence and witnesses as well as fraud and other obstructions of justice in what purports to be an "ethics" proceeding against me in perpetuity and outside the boundaries of the Constitution, state laws, and New Jersey's soiled territory. ("Neil M. Cohen, Esq. and Conduct Unbecoming to the Legislature in New Jersey" and "New Jersey Rabbi Faces Child Sex Charges.")

It may be that Mr. Rabner wishes to protect his predecessor as Chief Justice, Debbie Poritz, or to shield others from liability in my matters. David Samson? ("Trenton's Nasty Lesbian Love-Fest" and "Jennifer Velez is a Dyke Magnet!" then "N.J. Female Professor Rapes a Disabled Man.")

When he was first sworn-in Mr. Rabner claimed that he saw his role as "applying the law" and "not making the law" by avoiding all impositions of his values on litigants and merely deciding cases in accordance with the rules. ("Richard A. Posner On Voluntary Actions and Criminal Responsibility.")

Mr. Rabner is now converted from legal pragmatism and positivism to a form of natural law jurisprudence:

"I think all justices must be mindful of the fact that our mission in the end is to do justice."

Does this include justice for non-Jews, Mr. Rabner? African-Americans wrongly convicted suffering in the state's prisons? Poor people who cannot retain "Lowenstein, Sadler" or "David Samson, Esq." to represent them as Solomon Dwek was able to do so easily. ("David Samson Resigns.")

Mr. Rabner insisted that the goal is not merely to ...

" ... resolve or move cases or treat them as statistics [sic.] but to understand how important these cases are."

Mr. Rabner assured legislators that with regard to his colleagues on the court: 

"I will look for someone who will be faithful to the Constitution." 

Continuing the cover-ups, "wall of silence," lying, obfuscating of the truth is to perpetuate a malignancy growing on the New Jersey Supreme Court and to defecate on that state's constitution. ("New Jersey Supreme Court's Implosion" and "New Jersey's Judges Disgrace America" then "Virginia Long's Departure.")

During a week when New York admitted "mistakes" in the notorious Central Park jogger case, apologized, made amends and settled the civil matter emerging from that tragedy, the error in New Jersey's policy of LYING and COVERING-UP heinous crimes and perjury by N.J.'s OAE attorneys (and others) that victimize many persons who are suffering unnecessarily -- even as Mr. Rabner and his family members would suffer in similar circumstances! -- is not only a bad policy, but evil. It is also profoundly "unjust." ("The Wanderer and His Shadow" and "Drawing Room Comedy: A Philosophical Essay in the Form of a Film Script.") 

"Mr. de Blasio pledged to settle [the civil law suit] as quickly as possible [in order] to correct what he described as a profound injustice. [I agree.] The proposed settlement averages about $1 million a year for each year the five men spent in prison. This brings a measure of closure. It does not bring back their youthful lives." 

Please see: "Christie Gives Donor $1 Million of New Jersey Money." Mr. Christie's gift will result in the "donor's," Mr. Hanson's, company owning a $53 MILLION building generating $2-to-$5 MILLION per year in income plus tax breaks. 

Mr. Hanson did not even have to go to prison to get the windfall -- at least, not yet.