By the 1891 Act Incorporating Maine State Bar Association.
Talk about a conflict of interest!
Read more HERE.
Why haven’t members of the Legislative Council, or any member of the Maine Legislature or any Governor, questioned this unlawful “process?”
Falmouth Today News reports “THE DARK SIDE OF PETER DETROY, ESQ.
June 8, 2016
(Editor’s Note: This article was started on May 17th (note the date in the upper right corner of the Google search page) prior to DeTroy’s death. We wished he was alive today to have him deny this and get the Cosby treatment where the women come pouring out of the woodwork.)
By Editor:
“Peter DeTroy was a wonderful leader and role model…” Chief Justice Leigh Saufley
“One of the top five lawyers in the state.” Gov. John Baldacci
“He was a great lawyer and a great person.” Jonathan Brogan, Esq.
A former sexual assault counselor reported that she and other women were propositioned while in DeTroy’s office seeking legal advice. Many of them acquiesced out of fear and the desperation of needing DeTroy’s help. These desperate women submitted to his advances in his office over and over again in direct exchange for legal services from DeTroy. None of them dared to complain to anyone who might have had the authority to stop DeTroy. Why? This gives an entirely new meaning to the term PRO BONER.
Norman, Hanson, & DeTroy, also known as the Three Thieves of Congress Street, (before their move to Canal Plaza) due to their ability to run the legal meter (billable hours) on their insurance company clients until it was time to settle the case before a trial. One former associate said they could only put up with it for a few years before they had to escape that kind of misconduct.
DeTroy was the lead lawyer for the State on the Tobacco Case, the lead lawyer for the State on the Car Test Case, and who knows how many other times DeTroy was hired by the Attorney General. Who do you report misconduct by DeTroy to when his client is the AG for the State of Maine?
Read more HERE.
BDN reports “Public Lockout: From Deliberations by the Judiciary Committee of the Maine Legislature.
All legislative committees are mandated by Maine law to conduct hearings, deliberations, and work sessions in public.
But in a May 19 speech on the Senate floor, state Sen. David Dutremble (D-Biddeford) reported that the Judiciary Committee conducted such business in private over the weekend that started May 8. Its deliberations concerned the reappointment of controversial Judge Jeffrey Moskowitz – the judge who issued an illegal gag order in January – and whose reappointment was opposed by many members of the public.
Maine citizens deserve to know what transpired that weekend with their Judiciary Committee. Did the members, in fact, meet behind closed doors and/or have private conversations in violation of state mandates? A legislative inquiry into the actions of the committee is warranted to protect the interests of the public.
Here’s what is clear: Without a single comment or question, the Judiciary Committee on May 12 unanimously recommended that Moskowitz be reappointed. One by one, each committee member simply voted yes. Those of us who witnessed this were dumbfounded. It left us with the uncomfortable feeling that something was amiss. How was their unified position reached outside of public view?
This spring was the first time in 20 years that judicial reappointments were challenged. And many citizens vehemently and passionately expressed their opposition to Judge Moskowitz, as well as to Judge Patricia Worth before him. In both cases, the Judiciary Committee nevertheless unanimously recommended approval. And at least in the case of Moskowitz, committee members allegedly deliberated outside of the public’s view and earshot.
This is extremely concerning. State mandates requiring the utmost transparency are meant to protect us all.
Input from those who are consumers of the court system – not just lawyers who earn their livings in front of judges – must be heard. People also deserve to know that the systems set up to protect them are working as they’re supposed to. When systems become about protecting themselves instead of the citizens they were designed to protect, the delicate fabric and balance of our constitutional rights is put in jeopardy. Legislative maneuvers that eliminate transparency and thereby remove public oversight are the antithesis of a democratic society.
We urge the Maine Legislature to take action and give the public answers. When asked to explain how his committee could unanimously approve a judge with no public discussion whatsoever, the chair of Judiciary Committee, Sen. David Burns (R-Washington), responded that, “it is unfortunate that some individuals and legislators have tried to impugn the integrity of the committee members.”
Those who may dismiss this call for investigation, attributing it to “sour grapes” or “angry litigants,” demonstrate a lack of respect for the most essential principles that define our nation.
To date, the president of the Maine Senate, Michael Thibodeau, has failed to respond to requests for a public inquiry about the actions of the Judiciary Committee.
This raises additional concerns. Without a legislative inquiry and report, Maine citizens will be left to wonder if their legislative and judiciary truly are the separate branches of government that are fundamental to freedom and liberty. We need to know what our legislators are doing – and why they’re doing it.
If you agree with me on this, We urge readers to contact their legislator and request an investigation. Let’s just find out what happened.”
Read more HERE.
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While it took decades for a state representative to listen, then experience for himself, the egregious misconduct by member of the Judiciary Committee, the proof is in the pudding.
In rebuttal to the BDN’s report “This spring was the first time in 20 years that judicial re-appointments were challenged” is not correct. Several people testified before the committee in opposition to York County Superior Court Judge Arthur Brennan’s reappointment, less than 20 years ago.
“When asked to explain how his committee could unanimously approve a judge with no public discussion whatsoever, the chair of Judiciary Committee, Sen. David Burns (R-Washington), responded that, “it is unfortunate that some individuals and legislators have tried to impugn the integrity of the committee members.”
Senator David Burns was a member of the Judiciary Committee when former A.G. William Schneider was appointed to judgeship by Governor Paul LePage. Review “A System In Crisis” and you can come to your own conclusions as to the “criteria” used for confirmation of judges.
View HERE. (Opposition to nomination begins at 46:14)
Phil Merletti Commentary on “A System In Crisis” – Judicial Confirmation Hearing of William J. Schneider, click here.
Related:
BDN reports “Maine Judiciary Committee Delays Reappointment Of Judge Jeffrey Moskowitz.”
“Judge Jeffrey Moskowitz was appointed to the District Court bench in January 2008 by Gov. John Baldacci after work as a prosecutor with the York County district attorney’s office. Gov. Paul LePage renominated Moskowitz to the bench last month along with eight of his colleagues.”
BDN reports ” A vote by the Judiciary Committee on the reappointment of the Maine judge was delayed Thursday until next week. Sen. David Burns, R-Whiting, chairman of the committee, said the delay would give District Court Judge Jeffrey Moskowitz and committee members an opportunity to read written testimony submitted before the hearing.
Burns said the committee would vote on Moskowitz’s renomination about 5 p.m. Tuesday.
More than half a dozen members of the legal community in Cumberland and York counties, including two district attorneys and a retired judge, spoke in favor of Moskowitz’s reappointment.
Moskowitz told the committee he wanted to keep his job.
“Like all people, I make mistakes,” he said. “You are all aware of my error issuing a controversial order. I sincerely regretted making that mistake. But I view my mistakes as a clear opportunity to learn and improve.”
Joshua Tardy, a Newport lawyer and former Republican legislator who is chairman of the governor’s judicial advisory committee, which vets judicial nominees, said the committee took concerns expressed about how Moskowitz handles family cases seriously.
“The committee felt an obligation to determine the veracity of the complaints about Judge Moskowitz,” Tardy told the committee. “I assure you that they have been taken seriously, and we have done our due diligence. We did not make a quick decision, but it was an easy decision once we had information.”
Moskowitz also was endorsed by the Maine State Bar Association and the Maine Trial Lawyers Association. The presidents of both organizations said they sought out members to ask about their experiences before Moskowitz and he was praised resoundingly.
Widespread reports from informants whom we know well have experienced in his court a repeated pattern of rudeness and disrespect, failure to follow the law.
The last time the committee rejected a nomination was in the late 1980s, according to Rep. Barry Hobbins, D-Saco, who has been a member of the Legislature since the 1970s.”
Read more HERE.
MPBN reports “Michael Welch, president of the Maine Trial Lawyers Association, said “We all make mistakes. How do you deal with it?” His organization endorsed Moskowitz’s reappointment because of his outstanding abilities as a judge.”
State Sen. David Dutremble, a Biddeford Democrat, says he had been approached by a number of people with complaints about Moskowitz and got no assistance from the Administrative Office of the Courts or the governor’s office when he tried to investigate those complaints. Dutremble was critical of the politics involved in judicial appointments.
“Attempts to escape politics inevitably result in heeding the advice of a narrow group of decision makers that express the opinions of special interests of segments. In Maine, the segment that votes on the judge is the bar – especially those members who are actively political within the bar,” Dutremble said. “The public and the ‘pro se’ users are excluded from the process.”
Read more HERE.
PPH reports “Attorney Joshua Tardy, who is chairman of Gov. Paul LePage’s Judicial Selection Committee, said his group conducted a thorough review before deciding to recommend Moskowitz.
“It was not a quick decision to be blunt, but it was an easy decision after all the deliberation. Judge Moskowitz is truly deserving of nomination,” Tardy said. “Our committee has received wide spread consensus and feedback that he is fair, that he is smart. He is honest. He is efficient.”
Other attorneys who spoke in favor of Moskowitz included David Levesque, president of the Maine State Bar Association; Robert Ruffner; Michael Welch, president of the Maine Trial Lawyers Association; Judy Potter; Kenneth Altshuler; Cumberland County District Attorney Stephanie Anderson; York County District Attorney Kathryn Slattery, Gerald Conley; Kristine Hanly; Diane Dusini; Robert Crowley, a retired judge; ; Ardith Keef and JohnWebb.
Notably, attorney Matthew Nichols, Webb’s law partner at Nichols and Webb, wrote a contradictory letter to the Judiciary Committee in which he said Moskowitz is “not a good judge.”
“If I had only my bad experiences with Judge Moskowitz, I would likely not be writing to you. But my own experiences have been echoed by countless other attorneys ranging from criminal defense lawyers, prosecutors, litigants and family law attorneys alike,” Nichols wrote in a letter dated May 4. “
The chairman of the committee, Sen. David Burns, R-Washington, on Thursday strictly enforced a three-minute time limit for testimony of Moskowitz’s opponents. But Burns allowed many attorneys in favor of Moskowitz to speak much longer.
Jerome Collins, who organizes an advocacy group called Maine Guardian Ad Litem Alerts, said he surveyed many citizens, as the Maine Bar Association, surveyed lawyers. He said citizens who appeared before Moskowitz who wanted to talk about him were those who felt wronged. He said that’s the opposite of lawyers who mostly only wanted to speak if they had something complimentary to say about the judge.
“What you really need is a legislative audit of the court to get the answer of what’s really going on. You need to conduct an in depth audit,” Collins said.
Other opponents who spoke against Moskowitz were Sen. David Dutremble, D-Biddeford; Falmouth activist Michael Doyle and Scarborough resident Robert Baizley.
None of the committee members asked Moskowitz any questions at the hearing.”
Moskowitz’s only supporter who was not a lawyer was Sen. Linda Valentino, D-Saco, who described herself as friends with Moskowitz.
Read more HERE.
CHANNEL 8 news report on Judge Moskowitz, view HERE.
A mistake? He’s sorry? Sorry doesn’t cut it!
Judge Moskowitz Finally Gets Caught By Someone Other Than FTM Running His Kangaroo Courtroom, click here.
Judge Jeffrey Moskowitz Apologized And Acknowledged That His Order Was Not Lawful, click here.
Judicial Confirmation Hearing – Judge Jeffrey H. Moskowitz Thursday, May 07, 2015, click here.
Maine Judge Jeffrey Moskowitz Comes Under Review At Public Forum, click here.
Public Exposure Moves Maine’s Attorney General Janet Mills,click here.
PPH Reporter Scott Dolan Presented With Freedom Of Information Award For Challenging Judge Jeffrey Moskowitz’s Gag Order, click here.
Judge Donald Marden’s Cabbage Is Shredded, click here.
Have You Been Harmed By Maine’s Judicial System? Click here.
IS THIS WHAT YOU WANT ON THE BENCH?
Courtesy of Lise from Maine
COMMISSIONS, click here.
Take notice of the commission of 1900 pertaining to Chief Justice Andrew Wiswell. He was one of the incorporators of the 1891 Maine State Bar Association, a private organization. In 1891 he was Speaker of the House of Representatives which is a major, major conflict of interest. He represents the people in his public office and NOT the private Maine State Bar Association. The Maine State Bar Association’s two major goals were legal reform and for the interests of the legal profession. Nothing is said about the interests of the people who have all the inherent powers (see Article 1, Section 2 of the Constitution of the State of Maine). He was a criminal and violated the duties of his public office as a member of the House of Representatives.
Related: 1891 Act Incorporating Maine State Bar Association, click here.
Also notice the commissions of the Justice of the Peace. In 1977 this constitutional office was abolished unlawfully, and this is fraud and treason. The Legislature has NO delegation of authority to interfere into another department as all departments of the state are equal and distinct – separation of powers doctrine (see Article III of the said constitution). They were Justices of the Peace for a particular county which is “local control.”
RESOLUTION, Proposing an Amendment to the Constitution to Eliminate the Office of Justice of the Peace as a Constitutional Office (1977), click here.
Also take notice of the commission of Judge Albert Bennett of Gilead, Maine whereby he was a “trial justice” within and for the county of Oxford. This was “local control, and all judges must be commissioned. See the 2011 response from Chief Justice of the District Courts of Maine Charles C. Laverdiere that he sent me (I conducted a Freedom of Access request under Title 1, MRS, Chapter 13, Section 408-A).
Did he realize what he admitted to?
Furthermore, when a commission says “attorney for the state” it means “county” attorney who has a “dual” role. He acts for the state and he acts for the county where the county is a party to a cause. He also receives instructions from the Attorney General. See William K. Kimball’s commission where he is commissioned within and for the county of Oxford. This constitutional office was abolished unlawfully in 1973 (notice the different enacting clause) and replaced with the district attorney “statutory” office. Are they commissioned? I haven’t found one as yet.
AN ACT to Provide Elected District Attorneys (1973), click here.
Also notice that County Commissioners are commissioned county officers. See John M. Wilson’s commission.
And lastly, Clerks of “all” Judicial Courts for a particular county are also commissioned. See Ezra S. Clark’s commission; see Joshua Gould’s commission. Notice the word “all.” This is very important to understand.
Related: Commissions: County Attorney, Sheriffs, Clerk of the Courts, click here.
Note – the latest Judiciary Committee schedule states the hearing is at 2:00 p.m. Those attending the public hearing should be there at 1:00 p.m….just in case.
LD 731 Sponsor Sen. Roger Katz of Kennebec – Cosponsored by Representative Barry HOBBINS of Saco and Senators: David BURNS of Washington, Dawn HILL of York, Chris JOHNSON of Lincoln, Representative: Matthew MOONEN of Portland
Public hearing: Tuesday, Mar 31, 2015, 1:00p Room 438 State House
Senator Roger Katz (attorney) (R-Kennebec)
Senator Dawn Hill (attorney-inactive) (D-York)
Rep. Barry Hobbins (attorney) (D-Saco) – House Chair of the Judiciary Committee
Senator David Burns (R-Washington) – Senate Chair of the Judiciary Committee
Representative Matthew W. Moonen (D-Portland) – member of the Judiciary Committee
Senator Christopher K. Johnson (D-Lincoln) – member of the Judiciary Committee
This proposed legislation further proves the “double standards”, whose “interests” it serves and begs many questions.
Judges retire, receive a pension, return to the bench and get more compensation…as this bill raises the per diem compensation for active retired judges and justices from $300 per day to $500 per day!
BAR members proposing raises for their “club”members.
When judges return to work is there a reduction in their pensions?
What about people on social security (living on less than a livable wage) who go back and are subject to reduction?
How about judges who strip people of entitled pensions in their decisions/judgments, causing financial hardship?
How about the VA which delays veterans’ pension claims for years/decades, causing financial hardship?
Ask your representative for help with these issues and you’ll get the standard answer “there’s nothing I can do.” Yet they can do plenty when it comes to their buddies.
Wouldn’t this bill in itself be considered fraudulent legislation, since it’s presented by BAR card carrying attorneys? A conflict of interest? A vested interest which would constitute a racketeering enterprise (RICO)?
Could this be considered embezzlement from the taxpayers who paid their salaries, their pensions and are now paying retirement and salary? Wouldn’t it be nice if we all could do that?
Are they paying taxes on either one?
Wednesday, March 25, 2015
9:00 PM EDT
Call in Number: (724) 444-7444
Call ID: 27398#
Click here to join in online.
Part 3 – Archived program, EPISODE 58, click here.
Part 2 – Archived program, EPISODE 57, click here.
Part 1 – Archived program, EPISODE 56, click here.
*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.
100 Years of Law & Justice (1891-1991), click here.
1891 Act Incorporating Maine State Bar Association, click here.
Wednesday, March 18, 2015
9:00 PM EDT
Call in Number: (724) 444-7444
Call ID: 27398#
Click here to join in online.
Part 2 – Archived program, EPISODE 57, click here.
Part 1 – Archived program, EPISODE 56, click here.
*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.
100 Years of Law & Justice (1891-1991), click here.
1891 Act Incorporating Maine State Bar Association, click here.
Wednesday, March 11, 2015
9:00 PM EDT
Call in Number: (724) 444-7444
Call ID: 27398#
Archived program, EPISODE 56, click here.
*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.
Click here to join in online.
100 Years of Law & Justice (1891-1991), click here.
1891 Act Incorporating Maine State Bar Association, click here.
Update 1-22-15
PPH reports “A judge has ruled that a criminal defense attorney who is under supervision for committing crimes is temporarily barred from representing any clients being prosecuted by the Cumberland County District Attorney’s Office.
Anthony J. Sineni III, 52, of Standish was sentenced on Jan. 5 for assault and disorderly conduct, with terms that included supervision by the Cumberland County District Attorney’s Office for the next two years.
Justice Roland Cole issued his order on Jan. 16, limiting Sineni’s legal practice with regard to criminal cases brought by Cumberland County District Attorney’s Office, but not other prosecutors’ offices, said Mary Ann Lynch, the Judicial Branch spokeswoman. “Justice Cole told Mr. Sineni that it would be a conflict in his view to defend clients going against the District Attorney’s Office when he is paying the District Attorney’s Office a supervision fee,” Lynch said.
Read more HERE.
So this is his sentence?
Related: Judge Moskowitz Finally Gets Caught By Someone Other Than FTM Running His Kangaroo Courtroom, click here.
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Judge rescinds media gag order (video – WCSH6), click here.
BDN reports “District Court Judge Jeffrey Moskowitz on Wednesday reversed a previous order restricting media coverage of testimony in open court and apologized to a Portland Press Herald reporter for what the judge described as an unlawful demand.
On Wednesday, Moskowitz explained his initial rationale for the gag order and acknowledged that, in hindsight, it was illegal and a mistake.
The judge said his order likely would have been considered immediately void due to the fact that it was illegal, but to clear up any possible dispute, he officially rescinded it. He then singled out Dolan, who was in attendance covering the brief hearing Wednesday.
“I want to take the opportunity to apologize to Mr. Dolan for placing him in a very awkward position on Monday, and I appreciate the professional way in which he has proceeded since then,” Moskowitz said. “In order to rectify the error I made on Monday, I’m ordering that a transcript of the proceeding be made available to the public as soon as possible.”
Redding (news director for WCSH) told the Bangor Daily News on Wednesday he still had mixed feelings about how Moskowitz handled the situation.
“Today I have a lot of questions. Obviously the judge was gracious in his apology for making the gag order in the first place and I commend him for his openness and willingness to take it head on,” he said. “But the journalist in me says something doesn’t add up. While the judge was saying he did all this to protect the witness, I was watching that witness. She was clearly shaking her head back and forth in disagreement. So I’m left unsatisfied with the reasoning.”
The gag order multiplied media attention for a case that otherwise may have been headed for a quiet resolution Monday.”
View video and read more HERE.
Journalists Challenging Judge Jeffrey Moskowitz’s Order…The Egg Has Cracked, click here.
Michael Redding, news director for WCSH, told the Bangor Daily News “he still had mixed feelings about how Moskowitz handled the situation”, he had “a lot of questions”, and “something doesn’t add up.”
Perhaps Mr. Redding could assign his reporters to sit in on court cases and let them witness for themselves the injustices metered out in Maine courts. There are plenty of cases out there that need true and fair reporting.
Some questions for Mr. Redding and all reporters to ponder:
Judges/attorneys know, or should know, the law; Judge Moskowitz didn’t know he was violating the law and the constitution on the day of his order?
Why did it take media attention for Judge Moskowitz to realize his order was unlawful, null and void?
Do reporters think that Judge Moskowitz is the only judge who issues unlawful, void orders?
Do reporters think that this case is unique and that no other Maine judges violate constitutional rights in the courtroom?
Mr. Redding, something “does add up”….the genie is out of the bottle.
Another interesting point:
Attorney “Sineni’s criminal case may have concluded but his legal career faces scrutiny from the Maine Board of Overseers of the Bar.
Under the rules that govern attorneys licensed to practice in Maine, a lawyer convicted of a crime must inform the board of that conviction within 30 days, Jacqueline M. Rogers, executive director of the board, said Wednesday.
“We were made aware through news reports of the charges pending against Mr. Sineni and Bar Counsel [Scott Davis] has opened an investigation,” she said.
Davis will determine whether the matter should be referred to a disciplinary panel, which would hold a public hearing.”
Will the BAR uphold the law any more than the Committee on Judicial Responsibility and Disability, a committee of judges judging judges? Is this not a conflict of interest? Is this not newsworthy?
Here is a great reference, research, informative and educational tool for everyone! Click here.
All power is inherent in the people (original constitution of Maine 1820 – Art. 1, Sec. 2)
Andy Ostrowski, Pennsylvania Congressional Candidate District 11, exposes the root causes that have led to the corrupt American Judicial System that has turned the courts against the American people and why fairness and justice no longer exists in the courts.
View HERE.
Related:
Talkshoe Radio Series With Guest Lise DuPont, Researcher and Author of “Where Did The Original Constitutional State Go?” Click here.
1891 Act Incorporating Maine State Bar Association, click here.
Maine State Bar Association – 100 Years of Law & Justice (1891-1991), click here.
Election 2014: Keep It Simple, It’s The Constitution, click here.
Election 2014: Do You Know The Candidates? Listen to archives programs HERE.
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The Unmasking of Maine....and Beyond 