Civility.

January 16, 2011 at 12:42 P.M. "Error" inserted since 11:34 A.M. will now be corrected. For a discussion of the use of "induced anxiety" and repetitive frustrations as forms of psychological torture, see "Roberto Unger's Revolutionary Legal Theory." All advertisements appearing at these blogs are illegal and posted against my will.

January 16, 2011 at 11:34 A.M. "Errors" inserted overnight will now be corrected.

January 15, 2011 at 6:00 P.M. Additional investigations and arrests for corruption and organized crime activity in the Garden State are coming up. The computer wars continue. I will be posting a list of sources to accompany this essay very soon. There are continuing interferences with my cable signal and access to the Internet. I cannot say how many essays were vandalized today through the insertions of "errors" in texts.

Michael Barbaro, "Once Allies, Two Miami Leaders Are Anything But," [sic.] in The New York Times, January 14, 2011, at p. A13.

Miami's Mayor, Thomas P. Regalado, is accused of attempting to disrupt an investigation into illegal gambling -- possibly involving the same organization notorious for gambling machines in West New York and Union City, New Jersey -- and Miami's Chief of Police, Miguel Esposito, is said to have misused police resources and abused authority in targeting a political enemy -- namely, the mayor. I wonder whether either of these gentlemen have visited my blogs or sites? If so, at whose request has he (or have they) visited my sites? ("Does Senator Menendez Have Mafia Friends?")

Charles Stile, "Taking Celebrity to the Supreme," in The Record, July 13, 2011, at p. A-1.

President Obama's call for civility in political discussions can be applauded by all of us. There are situations, however, when extreme language and responses are called for in coping with atrocity. Nuremberg's judges were forthright and powerful in their condemnations of Nazis responsible for the Holocaust. Expletives were not deleted. A civilized reluctance to use certain expletives in debate is based on the recognition that there are occasions when they must be used because no euphemism will do. When confronting a child molester I will not mince my words. ("New Jersey is the Home of Child Molesters.")

Being subjected to computer crimes in blatant disregard for my civil rights, insults such as I cannot reproduce at this blog directed against my family members and me, together with plagiarism and censorship of my writings makes any request for civility from me on the part of New Jersey officials ridiculous. ("Terry Tuchin, Diana Lisa Riccioli, and New Jersey's Agency of Torture.")

Thefts, assaults, rapes committed against me by persons acting with governmental protection, apparently, leads me to doubt the sincerity of any alleged concern to be "civil" in our discussions. I will always be lawyerly or academic in debate provided that I am accorded proper respect and treatment by others. Thus far, N.J. has not afforded me even minimal recognition of human dignity or fundamental Constitutional rights, such as freedom of speech and privacy. ("What is it like to be tortured?" and "What is it like to be plagiarized?")

What follows is from a front-page article by Charles Stile commenting on the actions and reasoning of N.J. Supreme Court Justice Roberto Rivera-Soto. Mr. Rivera-Soto has stated that he is leaving the bench at the conclusion of his term in June, 2011. In my opinion -- I am not a Republican -- Mr. Rivera-Soto is correct concerning the unconstitutionality of Mr. Rabner's usurpation of the Chief Executive's appointment power in naming Mr. Stern to fill a vacancy on the court. Are vicious insults and attacks the way to end Mr. Rivera-Soto's career? Maybe.

The further decision by Mr. Rabner to appoint a Special Master to hold legislative hearings concerning the impact of Governor Christie's budget cuts on schools pursuant to the never-ending Abbott decision and litigation is a further usurpation of unconstitutional powers. ("New Jersey's Feces-Covered Supreme Court" and "New Jersey's Legal System is a Whore House.")

Mr. Rabner has, in effect, made himself a super-executive and -legislature. This self-elevation is very dangerous for an unelected judge with what amounts to lifetime tenure. This judgment has nothing to do with whether I agree with specific results in cases before the New Jersey Supreme Court. Mr. Rivera-Soto is correct to be concerned about Chief Justice Rabner's grab for power:

" ... Justice Rivera-Soto is evolving with each passing week, into a judicial version of Paris Hilton, the moth-to-flame exhibitionist who thrives on notoriety. He's become such a news-cycle celebrity that maybe it's time for him to host hourly twitter updates of his career-ending flameout."

This is only the beginning of a pendantic and insulting diatribe that seems all-too familiar to me. The real issues are not discussed, no authorities are quoted, no evidence is mentioned, insults are substituted for argument. Whoever wrote this text has been among my Internet tormentors making use of anonymity for cowardly strikes and slanders behind-my-back for years. I hope and expect to meet this person, soon. Does this "author" represent America's or New Jersey's legal ethics as he or she hides behind the identity of another? ("Jay Romano and Conduct Unbecoming to the Judiciary in New Jersey.")

I will not speak behind that person's back, but only face-to-face. I will then post my comments on-line. This is not objective or responsible journalism even if it appears in the "news" pages of this good paper. I have read Mr. Stile's prose for some time. I do not accept that he wrote this attack on Mr. Rivera-Soto. Mr. Stile's column is normally well-written and responsible to his subjects.

"Wednesday brought us the latest Rivera-Soto glom-the-spotlight moment. He now says he had a 'nuanced change of heart' -- he will under certain circumstances actually cast votes or even write a decision or two while he finishes up his tumultuous seven-year stint."

Mr. Rivera-Soto believes that the New Jersey Supreme Court, as currently constituted, may be acting illegally. He recognizes the obligation to render decisions where the illegality can be cured, through the non-participation of Mr. Stern, and will decide cases and write opinions on those occasions. Justice Rivera-Soto is (legitimately) concerned about unconstitutionality in this matter and many others.

If this appointment issue is reviewed by the U.S. Supreme Court and -- as I think very likely -- the appointment of Mr. Stern is deemed unconstitutional, then ALL decisions in which Mr. Stern participates may be considered invalid and subject to reargument, besides the justices participating with Mr. Stern in those decisions will have acted "outside the boundaries of law."

If a police officer is authorized to carry a gun and to use it within the boundaries of the law, that police officer's decision to shoot someone "for the laughs" would be criminal because it would exceed his or her legal authority. A decision beyond the scope of a judge's authority, or that is made illegally, is also void ab initio and may be criminal. ("New Jersey's Office of Attorney Ethics" and "New Jersey's 'Ethical' Legal System.")

Non-legal use of judicial power is "unethical" in accordance with the Canons of Judicial Ethics of the State of New Jersey -- the same rules which his alleged "colleagues" not so long ago were invoking against Mr. Rivera-Soto. The issue concerning the appointment power is somewhat complicated. Mr. Rivera-Soto's decision on the issue is not something to chuckle about at the man's expense as the same abusers ask for "civility" from others.

I cannot help concluding, based on my experiences in New Jersey, that the real animus against Mr. Rivera-Soto is his presumption in thinking for himself and remaining independent of the Democrat bosses who claim to run the state -- including Mr. Menendez who "brung him to the party" -- but that is what judges should be, independent. ("Fidel Castro's 'History Will Absolve Me.'')

What judges should not be is participants in illegality, criminality (like rape or censorship), or cover-ups, Mr. Rabner. ("Stuart Rabner and Conduct Unbecoming to the Judiciary in New Jersey" and "No More Cover-Ups and Lies, Chief Justice Rabner!")

The powers-that-be in New Jersey would prefer servility from Mr. Rivera-Soto, like the busboy or waiter who serves Mr. Sweeney, Mr. Codey, or Chief Justice Rabner or Mr. Lesniak in the courthouse cafeteria. The latter's typically "civil" comment to an adversary was to call him "a stupid imbecile." I am told that this is a compliment from Lesniak. I would be flattered if Lesniak called me a "stupid imbecile." ("Law and Ethics in the Soprano State" and "'Shyster Ray' Lesniak Accused of Juicing a Development Deal.")

The days of "servility" from Latinos who have obtained the same degrees as their self-described "superiors" (usually with better grades) have ended. I am sure that the attitude to U.S. Supreme Court Justice Sonia Sotomayor would be no different from what Mr. Rivera-Soto (or I) have experienced in New Jersey. ("Neil M. Cohen, Esq. and Conduct Unbecoming to the Legislature in New Jersey" and "Is Paul Bergrin an Ethical New Jersey Attorney?" then "Sybil R. Moses and Conduct Unbecoming to the Judiciary in New Jersey" and "Anne Milgram Does it Again" finally: "Barack Obama and 'The New Yorker.'")

Mr. Stile says that Mr. Rivera-Soto heard a "voice," implying that the justice is delusional, because anyone who disagrees with New Jersey's bosses must be delusional. Is this New Jersey's version of civility? Mr. Stile (or Mr. Sweeney, perhaps, who probably wrote this article and may be one of the few New Jersey persons to escape arrest in the various mafia seizures this week) concludes:

"I'm now convinced that he will keep his name in the spotlight after he [?] leaves, possibly hosting a reality television show in which law students compete to discover the mysterious 'voice' that helped him change his mind."

Anyone who believes that New Jersey's mafia culture and legal corruption can continue in this century is "delusional." ("New Jersey is the Home of the Living Dead.")

Sources:

Ginger Gibson & Susan K. Livio, "Christie Defends Storm Absence: Says Giuliani Was Wrong to Criticize Him," in The Record, January 13, 2011, at p. A-3. (How was Disneyworld, Chris?)
Chris Megerian, "Justice Backs Off Protest Over Court Appointee," in The Record, January 13, 2011, at p. A-3. (Really?)
Ann Wolmer, "Women Aren't People Under Scalia's Constitution," in The Record, January 13, 2011, at p. A-4. ("Nino" strikes again. "Barbara Keshishian?")
Hannan Adley, "Retired Cops Say West Milford is Shorting Them on Payouts," in The Record, January 13, 2011, at p. L-2. (Payout funds are "short." Who knew?)
Stephanie Akin, "Christie Vows to Shut Down Failing Schools and 'Start Over,'" in The Record, January 14, 2011, at p. A-1. (Will there be any schools left open in New Jersey?)
Peter J. Sampson, "Reputed Drug Lord's Trial Delayed for Plea Talks," in The Record, January 14, 2011, at p. A-4. (SALOMON CAMACHO MORA, 66, a man with many "friends" in Hudson County politics and legal circles -- whose name was often on the lips of Howard Brownstein, Esq. -- is standing trial on charges of drug trafficking on a massive scale after his capture in Venezuela. More arrests are coming, allegedly, in "related" matters that may pertain to money laundering investigations in New Jersey. Still have friends in the cartel, Howard? Friend of yours, BobbyM?)
Patricia Alex, "School Chiefs Try to Block Salary Cap," in The Record, January 14, 2011, at p. A-7. (They gotta get theirs.)
Kibret Marcos, "2 Face Judge in Killing," in The Record, January 14, 2011, at p. L-1. (Colombian-Mexican enforcers usually have political protection in New Jersey. "Does Senator Menendez Have Mafia Friends?")
John Petrick, "Retiree Denies She Stole $102,000 Pleads Not Guilty in School Case," in The Record, January 14, 2011, at p. L-1. ("Anna Taliaferro" -- possibly "connected" former school employee -- allegedly absconded with more than one hundred grand, maybe after kicking back to former Democrat bosses like everybody says. Ms. Taliaferro was shocked to discoveer this money in her possession.)
Peter J. Sampson, "Ex-Mayor's Corruption Trial Postponed Till May," in The Record, January 14, 2011, at p. L-2. ("Honorable" Dennis Elwell, former Mayor of Secaucus, New Jersey and loyal friend to Schiavone Construction, indicted.)