According to Webster’s Dictionary the words “Honor” and “Honorable” are described as follows:
“Integrity, uprightness, absence of deceit or fraud, uncompromising honesty
and trustworthiness, fairness, truthfulness, virtue ----
dependable, distinguished, ethical, high principled, honest, law abiding,
straightforward, truthful -- worthy of honor and high respect”…….
That said, when we enter a Court all of us believe, and have the right to believe, that the
individual sitting on that ominous bench is a person of impeccable morality and integrity. After all, they are referred to as “Your Honor”. Well, we are constrained to advise all of you, things are not as we all hope, expect or believe, and that the US Constitution demands.
Notwithstanding, we really never know, unless we search it out, who this “Your Honor” is, their
education, their background, and how this “Your Honor” got to sit there in judgment of all of us. Now take off the rose colored glasses and ponder a recent Appellate Division First Department Decision involving a Case in New York City Landlord Tenant Part (Housing Court): A Judge was accused by a tenant of changing the date of his trial in order to favor the landlord and allow the landlord to obtain a Default Judgment and Eviction simply because the tenant was not aware of the alleged “un-reported” changed date of the trial. The Appellate Court’s position states in part:
“Any action taken by a judge who has subject matter jurisdiction over the matter, even if malicious or corrupt, is cloaked with absolute immunity……”. “So too is the wrongdoings of Administrative Judges, Court Officials and Clerks, etc. For the same reason, one cannot prevail on claims that administrators committed wrongdoing in not investigating complaints about the allegedly corrupt judge.” (See: Rosenstein v State of New York 2007 NY Slip oP1170 (37AD3d208) Feb. 8. 2007 App Div 1st Dept.)
Based on the foregoing Appellate Division Decision as the “judicial-insulations” are presently set up, we can never hope to probe allegations of the corruption that proliferates the Court
System. Is it justice for this tenant, Mr. Rosenstein
, or any litigant, to have no opportunity to find out if he was disenfranchised out of his home by either a corrupted judge or pure negligence, not to mention the chance to expose the truth and save his home? It seems un-American to not allow us the ability to probe the conduct of these supposed elite in “Black Robes”! How is this Constitutional? To be sure it is ridiculous, and permits the corruptible to be corrupted without reprisal. Sadly, the “Old Boys Club” is very much alive.
Maybe this shocks you, but you better know that these people enshrined as “His or Her Honor” can and will manipulate the law, your life, your family and worse-- your liberty----not based on the law, but frequently based on favoritism, bias and corruption. Are bias, favoritism, corruption, and fraud rampant in our State Courts? -- If you think not, you also believe in the Good Fairy and Pinocchio. Let it be said, there are those rare few fine Judges who take their oath seriously with high ethics and who endeavor to steer clear of the temptations the “Job” offers. But, unfortunately, shrewd and unethical lawyers know how to navigate the system so that those who are dishonest can overrule or cause decisions that are in contravention to justice.
Is it not time for change? These Black-robed persons should not be permitted to have “absolute immunity” and as a result thereof, ride roughshod over the legitimate litigants and favor the “insiders”. No one should have absolute immunity---except GOD