Ostrowski discipline update/PCRLN activities at issue in right to practice law

Ostrowski Discipline Update/PCRLN Activities at Issue in Right to Practice Law

I had a hearing yesterday in United States District Court in Williamsport, PA concerning my application to be readmitted to the roll of attorneys in the federal court, Middle District of Pennsylvania before Judge Matthew Brann.  There are applications still pending in the Pennsylvania Supreme Court and the other federal district courts in Pennsylvania.

The motion was based primarily upon the abuse and mistreatment I suffered at the hands of Dr. Stefan Kruszewski, which led directly to the personal circumstances that were behind the issues that led to my 2010 suspension from practice.  I called my current treating physician, and Dr. Kruszewski did appear in response to my subpoena.  I have no doubt that my testimony in the hearing before federal Judge Brann presented a compelling testament to my competency and fitness to practice law.

Here is a copy of the transcript.

My readmission was opposed by the assigned disciplinary counsel, Hubert Gilroy, who was appointed by Chief Middle District Judge Yvette Kane, on the grounds that things that I have said in the videos that I have posted here, and correspondence I sent, and things I have posted on the Pennsylvania Civil Rights Law Network site, disqualify me from practice because they demonstrate a lack of regard for the authority of the courts.  This, of course, is a false proposition, because I have the utmost regard for the role of the courts in regulating the affairs of men, and every word I have written and spoken has been communicated with the intention of improving the quality of, and access to, justice for every American.   What I have said is true, and, at the very least, has been said with a reasonable belief in its truthfulness, and the evidence to support all of it is right here on this site.

The only evidence presented by Mr. Gilroy was my words – he presented no witnesses to contradict anything I have ever said.  The issue that the Judge is going to need to decide is whether the mere fact alone that I said these words, all said on this site, and in correspondence sent to Judges, Senators, and even the President, some of which were delivered by me personally to the offices of Senators Casey and Toomey on Capitol Hill, is reason in and of itself to refuse to return me to the roll of attorneys in the United States District Court for the Middle District of Pennsylvania.

Judge Brann will have to decide these legal issues, which will be part of the post-hearing briefing, and, should I not be readmitted, a clear issue will be presented for review by higher courts, including the Unites States Supreme Court, if necessary, as to whether attorneys have the same First Amendment rights as other Americans, and, if not, what that means to the practice of law, and access to justice in America.

Mr. Gilroy was also appointed by Judge Kane to be a special investigator in the federal aspect of the disciplinary proceeding against Don Bailey, and a letter I sent to him on January 24, 2011, and copied to all of the other Judges in the Middle District, and to others, including Senators Casey and Toomey, while I was suspended, was presented as evidence.  All of the remaining evidence opposing my reinstatement were statements and writings by me subsequent to that letter.

Judge Brann is a new federal judge in the Middle District of Pennsylvania, and took his seat on the bench just this year.  Many of the comments that I have made were made about his colleagues in the Middle District in Harrisburg – Judges Kane, Conner, and Jones – in relation to the Don Bailey disciplinary proceedings.  I understand the realities of my situation as well as anyone, but, again, know that nothing that I have said will keep me from appearing before any of these judges, and treating them with the decorum, respect, and dignity that they, and the system of justice derived from the authority of men, deserve, and as I have always conducted myself.  All of this was made clear to Judge Brann, and the matter is turned over to his discretion.

Regardless of the outcome, the efforts of the Pennsylvania Civil Rights Law Network will continue, and I will provide updates soon on ventures that we are continuing to work on.  Equal access to justice under the law is our organizing principle, and, in the words of Dr. Martin Luther King, Jr. on August 28, 1963, “we will not be satisfied until justice rolls down like waters and righteousness like a mighty stream.”

Thank you.