Attorneys take cues from the courts and seek sanctions from Bailey client
As we brought to you in our update on the Bailey class clients who have filed their own motions to open judgment, Judge A. Richard Caputo denied the motion filed by Deborah Phillis, and the opinion was immediately released into the public domain through a private research service. Caputo’s Orders in the Miles Thomas and Jeffrey Dock cases were released to the same service. Another Caputo Order conspicuously came through the same service sanctioning Bailey in the Dave and Pam Morris case, who have filed a motion to open of their own. Caputo piles on.
In accord with the serious developing theme, i.e. the Conklin case and Bailey disciplinary proceedings, none of these Bailey clients are getting due process hearings, or any procedure whatsoever.
The first attorneys to take the bait, so-to-speak, come from the Harrisburg law firm of Shumaker Williams, through attorney Michael Rowan, who has filed a Motion for Sanctions sanctions against Deb Phillis, citing a lack of any reasonable basis to her claims that she has suffered prejudice because of who her attorney is that affected her case before Judge Yvette Kane, who has recused herself from all Don Bailey cases, and initiated disciplinary proceedings of her own, which have not been discussed in any detail. Deborah has filed a reply brief, citing significantly that they have operated under an entirely false factual construct, and objecting to her mistreatment for being clearly reasonable.
The Motion for Sanctions essentially cites Phillis’ statement that she intends to do anything and everything she can to get her justice, which is not asking for anything at all. The motion for sanctions is, on its face, more punishment for daring to raise issues of bias against Don Bailey, and the civil rights causes of his clients, and simply smack of an attempt to oppress and silence an innocent American citizen for daring to raise an issue that is reasonable on its face. There are 70 votes of general support. Their reason cannot withstand that.
Mr. Rowan was kind enough to speak with us about the filing, and assured it was directed by his clients, but was equivocal in his support for such a drastic measure, citing only Ms. Phillis’ “pattern in this case” to support the motion. Pattern? In this case? Rowan also suggested that there was a proposal to resolve the matter by withdrawing the motion for sanctions in exchange for withdrawing the case. That’s the removal of the proverbial boot from the throat, but Phillis may have no choice.
Rowan did say that he was familiar with this site, but that he had not read it in any depth. He based a motion for sanctions an a filing by Deborah Phillis that specifically cited this site as support. There do appear to be questions of good faith involved, a lack of diligence at least. We discussed the fact that this is exactly what opportunist attorneys do when they read clear judicial attitudes in our struggle behind the civil rights struggle essay.
The entire tone again is set by the lengths to which some personalities, judges unfortunately, have gone to create a public “smearjob”, as Bailey has been heard to say. Judge Rambo has already threatened Jim Dewees and Vicki Smith with sanctions, and barred the door to the courthouse against them, and the dissemination of the attacks on Bailey speak for themselves. See Politics of personal destruction.
What is wrong with these American citizens asking for fair access to their courts? Why are they being subjected to mistreatment and sanction freely for suggesting they have been subjected to mistreatment and sanction? There would appear to be many opportunities for the courts to still discipline themselves and remedy what is on record here as being serious wrongs. We will continue to bring you these updates.
Bailey discipline case update
The Supreme Court has entered an Order scheduling the submission of post-hearing findings of fact and conclusions of law, tentatively believed to be due in mid-February. The process requires each side to submit “proposed findings of fact and conclusions of law” in support of their respective positions. Presumably, because the Office of Disciplinary Counsel carries the burden of proof by clear and convincing evidence, they will be required to make a submission making their case against Bailey. This will be based upon the hearing transcripts and exhibits submitted into the record on August 11 and 12, 2011.
Bailey, of course, has raised, once again, substantial due process issues, which have led to an infirm record to support anything, but the Supreme Court has denied his substantial and repeated pretrial motions, largely in one-line orders, despite Bailey’s pleas for due process. Every reader of this right now is in the absolute dark of the this judicial decision-making, and that simply is not fair to the large numbers of people who have significant interests at stake.
It is assumed that “they” again are attempting to back Bailey into a corner so they can see what he says about the record before the Supreme Court Disciplinary Board, most of which has been made public here, and then fashion whatever it is that they are going to do, which will likely involve more of the same. Through the disciplinary process, however, the Pennsylvania Supreme Court still has the opportunity to fully address the substantial issues raised by Bailey throughout these proceedings, and to do complete justice in this case, and to all of us. There are many issues to address, well before any issues concerning the “complaint” against Bailey are reached, and we are all entitled to the transparency that is inherent in the notion of due process.
We will keep you updated on these efforts.