The Appellate Division Cover Up

Late January of ‘09, I think, I get this letter back from the clerk of the Appellate Division, at that point one Patricia Morgan, saying that my application to resign has been “rejected” because it doesn’t “comply” with Rule 1022.26(b).  Which is complete, utter, made up bullshit.  Prosecutors, judges, court reporters, miserable little clerks – at this point they’re all just making shit up and actively hiding the truth.

So I write back and tell her I’m a fucking attorney and you’re a clerk and this application goes to five judges, not a goddamn clerk, and they rule on it, not you.  So fuck with me no more.

I didn’t put it quite that way, but that was the idea.

Two months later I get a ruling all right:

One important thing about this ruling is that it reinforces the pecking order.  They “rejected” the application for the very same incoherent reason that the clerk had cited, showing that the Appellate Division through its five judges is incoherent and wrong exactly the same way the clerk is.  Of course since there are an infinite number of ways to be wrong and only one way to be right the idea is they are backing the clerk no matter how stupid or wrong she is.  It’s a power thing, not a reason thing, and lawyers are below clerks.  That’s the message.  Well, one message.

The other message is, of course, that all this – what they did to Sephora Davis, how fucked up they are, how fucked up the Grievance Committee is, how any self respecting lawyer or even human being is going to resign when confronted with this incorrigible insistence that an atrocity is going to be willfully committed and then concealed – all of it is itself a big, dark, secret.  Shhh.  If you say anything else you will be in contempt, you will be “disciplined”, you will be jailed, you will be ruined.

Well, too late on that last part.  I was already ruined.  As for the rest?

Fuck them.

So now I’m thinking it’s time to leave the country before they do some other fucked up destructive thing, this time to me.  I mean, why wouldn’t they?  What’s to stop them?



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4 responses to “The Appellate Division Cover Up

  1. I looked at Rule 1022.26(b), and the only thing I can see in your application that even arguably didn’t comply with the Rule is that you didn’t list your admission to the New York State Bar itself as one of the jurisdictions in which you were admitted, and you didn’t list the date of admission to this jurisdiction and a couple other jurisdictions you listed as having been admitted to. Is this the reason the clerk gave for rejecting your application for non-compliance with the Rule? If so, that’s some pretty petty B.S.


    • John of course it is complete bullshit. The New York admission info is part of the form. The obvious reason is that they want to keep it all a secret for their own reasons, which include that if I did it a lot of others might follow suit. A lot. And then they have themselves a legitimacy crisis, not just one attorney resigning in protest. I know they would have to be concerned about that. I know a lot of attorneys, and how they feel about that court.

      You know, enough is enough.


  2. bluebird

    I think your hearing is today or tomorrow. Good luck and let us know what happens or happened.


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