Monday, March 03, 2008

Merits-relatedness and misconduct complaints

This is typical of an email that I receive everyday:

Re: Merits-relatedness and misconduct complaints‏
From: Barbara C. Johnson (
Sent: Mon 3/03/08 5:46 PM
To: Dongxiao Yue (
Cc: Richard Cordero (;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;
The word "may" in the rules indicates that the "actor" has the authority to act.
It also in some instances bestows permission.

CHILD (who wants excuse to get out of class):
Teacher, can I go to the boys' room?

TEACHER: You can, but you may not.

I looked through a few of the linked objects on

I did not find the word "will."

Barbara C
<>Barbara C. Johnson, Advocate of Court Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102
False Allegations:
Participating Attorney:
Campaign 2002:
The judicial system is very broken. It must be fixed.
There are four people who can do the job:
Everybody, Somebody, Anybody, and Nobody.
Everybody thinks Somebody will surely do it.
It is a job Anybody can do. But Nobody is doing it.
At least I'm trying. What are you doing?

It is dangerous to be right

when the government is wrong.


All truth passes through three stages.
First, it is ridiculed.
Second, it is violently opposed.
Third, it is accepted as being self-evident.

Dongxiao Yue wrote:
Dear All,

I think we should focus on the issue of
"merits-relatedness" in judicial misconduct
complaints. The judiciary recognizes that "[t]he Act
itself is permissive when it comes to the
investigation of claims that are related to the
merits... A finding of merits relation does not
prohibit the chief judge from appointing a special
committee..." McBryde v. Committee to Review Circuit
Council Conduct and Disability Orders of the Judicial
Conference of the U.S., 347 U.S.App.D.C. 302, 264 F.3d
52 (D.C.Cir. 09/21/2001)

As I examine the Ninth Circuit rule 4(c)(1), it also
uses the word "may". See
. However, in almost all dismissal orders (see ),
the word "may" is changed to "will" or "must".


Dongxiao Yue, Ph. D.

* * * *

Steven G. Erickson interviews Massachusetts Attorney Barbara C. Johnson by telephone:

Barbara C. Johnson allegedly represented a client in Rockville, Connecticut, Superior Court. Judge Jonathan Kaplan allegedly became aware of Johnson's website blasting judges for misconduct, and called Massachusetts judges to have Johnson disbarred. Are attorneys to be disbarred for Free Speech and for breaking ranks with judges, to instead, actually serve their clients?

Barbara is a former candidate for Massachusetts Governor.


Anonymous Anonymous said...

In The Supreme Court of Pennsylvania

Middle District

Supreme Court of Pennsylvania docket number 272 MAL 2008 (cross court 118 MM 2008)

Commonwealth of Pennsylvania


Jacuqin Jaron Byrd

Motion to file Amicus Curiae to Petition for Allowance of Appeal

Appeal from the judgment of the Superior Court of Pennsylvania, dated April 15, 2008, at number 1873 EDA 2007, affirming the judgment of sentence by the Honorable William T. Nicholas of the petitioners direct appeal dated July 24, 2007, IN THE COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA, CRIMINAL DIVISION, AT NO. 1939-06

As per. Conformance to Requirements (Pa. R.A.P. 2101) I request of the courts authority to permit non-conformity in petition as time is of the essence and the merit of facts be paramount in the public interest of judicial competence over form.
In this courts assessment of this motion for Amicus Curiae and request for wavier of conformity, when taken in its totality, will support the extraordinary facts and circumstances directly surrounding this case involving widespread criminal public corruption in law enforcement and judicial personal.

Richard Liberatoscioli / petitioner
203 W. Washington St.
West Chester, PA 19380
Tel: 610-945-8050


Justice Ronald D. Castille
Justice Thomas G. Saylor
Justice J. Michael Eakin
Justice Max Baer
Justice Debra Todd
Justice Seamus P. McCaffery


In the appeal for a new and competent trial currently before you (Commonwealth of PA v. Jacuqin Jaron Byrd), there has existed from its case conception widespread State and Federal Felony Criminal Public Corruption involving the law enforcement personal including the justices presiding this case.
As many formal criminal felony complaints have been filed against these public officials at local, county, state and federal levels, no investigation has been conducted even after Governor Edward Rendell asked for a full investigation of the felony charges be investigated by the Montgomery County District Attorney and the Lower Merion Township board of Commissioners.

The following copy is submitted that will hopefully show “in essence” of why the appeal for a new trial be granted:

Mr. Byrd,
Thank you! …. for writing your letter to me. I write you at this time to introduce myself to you and to share our common concern for fair and equal justice for all people of our community.
In following the events and submitted evidence of your case, it was blatantly evident you did not receive a fair and un-biased trial. I’m sure your father’s father and your father have handed down to you the knowledge of the cruel and unconscionable injustice to a community when criminal public corruption exists within our justice system. What you did receive was nothing less than a pre-meditated “lynching”.
What you were not told at your trial was that your trial judge was identified by Montgomery County Senior Norristown Detective as a felon directly involved of the felony crimes committed by the Lower Merion Police under the direct knowledge of Superintendent Joe Daly. This was affirmed by the staff of our local District Justice in Lower Merion.

State and Federal felony criminal charges filed against the Lower Merion Police include the fabrication of police evidence, fabrication of police reports, premeditated felony attack and attempted murder by the Lower Merion Police resulting in permanent disabilities. Resent threats to carry out this murder by Lower Merion Police Department remain un-investigated thru a long standing criminal collaboration throughout Montgomery County.
The Lower Merion Township Board of Commissioners has long been served official notice of the felony crimes under their authority and sworn duty to enforce the laws of the commonwealth. The Lower Merion Township Board of commissioners promised “a full investigation of these crimes” … yet months later … was told there was no investigation by the board.
The criminal municipal corruption is widespread in this matter. In short, evidence presented against you was sourced from felons within the Lower Merion Police Department and in criminal collaboration by other law enforcement employees including your trial judge. These felony criminal charges were made known to your “court appointed lawyer” from the District Attorneys office … yet he presented nothing of this criminal injustice in your behalf.
For the judge to have given you a fair trial he knew the charges of fabrication of police evidence, fabrication of police reports and many other felony crimes committed by the Lower Merion Police ........... would lead right back to him exposing his involvement in the felony crimes at Lower Merion Police.
Mr. Byrd, you were “lynched” ….. to avoid discovery of the felony crimes of the Lower Merion Police and other “law enforcement” employees in criminal collaboration.
Emergency petitions for injunctions against this judge to make “judgments” in your case are being sought to afford you a fair and un-biased trial. A statewide special grand jury is being requested from the PA Attorney General, as the municipal corruption is dangerously widespread.
The felony crimes were committed during the height of the Lower Merion Police attempts to obtain “accreditation” of competent police work. Commissioner Maryam Phillips was directly involved as head of the “Police oversight committee” in the review of all the police reports in question. The PA Chiefs of Police gave accreditation to the LMPD Police Department …. making the PA Chiefs of Police “accreditation program” a dangerous and worthless accreditation program for proof of competent police work for any community.
In filing formal petition under their own by-laws to the PA Chiefs of Police to show cause for desertification of this “bogus accreditation” ….. they will not even respond.
Formal charges of criminal municipal corruption against Lower Merion Police and the Lower Merion Township Board of Commissioners have been filed with the PA Attorney General Office.
PA Attorney General Tom Corbett is also the commissioner of this PA Chiefs of Police “accreditation program” where he was featured on the top of the list of commission members at the PA Chiefs of Police website. If you look today at their website PA Attorney General Tom Corbett was removed from the website and replaced by a front man from the PA Attorney Generals office. He told me PA Attorney General Tom Corbett is still an active member of the commission.
This will be the true test of PA Attorney General Tom Corbett …. of how well he does in cleaning out “his own house” of public criminal corruption.

“Injustice anywhere is a threat to justice everywhere” – MLK Jr.

Justice William T. Nicholas 38th Judicial District (Montgomery County, PA)
Justice Kathleen M. Valentine 38-1-07 (District Justice)
Superintendent Joseph Daly Lower Merion Police

I respectfully ask the Honorable Supreme Court Justices of Pennsylvania to intervene by order of formal criminal investigation of the deeply entwined facts and circumstances of these crimes.


Richard Liberatoscioli

Representing: Jacuqin Jaron Byrd, Petitioner
William Read McElroy, Esq.
Address: 101 E Moreland Avenue
Hatboro, PA 19040
Phone No.: (215)773-0543

Representing: Commonwealth of Pennsylvania, Respondent
Risa Vetri Ferman, Esq.
Montgomery County District Attorney's Office
Swede & Airy Sts PO Box 311
Norristown, PA 19404-0311
Phone No.: (610)278-3099

Thursday, August 07, 2008 2:05:00 AM  
Blogger Unknown said...

October 19, 2009

PA Governor Edward G. Rendell
225 Main Capitol Building
Harrisburg, Pennsylvania 17120

Richard Liberatoscioli
9 Reformed Rd.
Linfield , PA 19468

Re: Authorization for use of deadly force

Governor Rendell,

Thank- you for your letter to the commander of the PA State Police requesting a criminal investigation into the widespread criminal charges surrounding the Lower Merion Police.

The PA State Commander sent notice the Montgomery County District Attorney for criminal investigation. This District Attorney has not responded at all in any way other than “we don’t have the authority to investigate the police”.

As you must know by the copy of the original criminal complaint, the charges are of widespread and blatant criminal public corruption in Montgomery County. The crimes committed range in scope from local, state and federal police and public corruption laws.

The most serious of the crimes was the Lower Merion Police murder attempt that left me permanently disabled and the current and standing threats to kill me by these police officers.

As you know, it is standard police policy in such a magnitude of criminal allegation that the armed officers be relived of their lethal weapons until a criminal investigation is conducted. There has been no investigation of these crimes. These officers remain at large armed and in all demonstrated conduct to make good on their threats of murder under the veil of widespread criminal cover up and corruption.


I ask of you to assist in the restoration of law and order within the commonwealth in the protection of its citizens and the authorization for use of deadly force in self defense against these public criminals.


Richard Liberatoscioli

Monday, October 19, 2009 9:12:00 PM  
Blogger Richard Liberatoscioli said...

State sanctioned official public corruption and murder upheld by the PA Supreme Court
(The rampant and un-checked judicial and law enforcement felony corruption in Pennsylvania)

In the current criminal corruption probe of PA president Judges Mark Ciavarella Jr. and his partner Judge Michael Conahan in the deplorable “kids for cash” scandal will look like “child’s play” when the un-investigated wide spread Montgomery County judicial and law enforcement criminal corruption ring is broken open by a county wide federal criminal investigation.

You cannot offer any better case law than by citing the court’s “own published legal opinions” of the PA State Superior and Supreme Appellate Courts “were criminal pubic official corruption surrounds the trial ….justice is denied”.

The very existence of the PA Superior and Supreme appellate courts is not to “re-try” the lower trial courts decisions, but serves to investigate any critical error or public official corruption that would then demand a re-trial in a competent court of law. This is the very essence of the appellate courts function.

In formal petition before the PA Supreme Court (Dockets 118 MM 2008 & CP-46-CR-0001939-2006) requests an immediate federal public official corruption investigation to the alleged county wide criminal corruption and murder charges by these public officials surrounding this case.

In the Per Curiam decision of the PA Supreme Court their only response to the case was simply “Deigned” without reason. The court could not submit any binding precedent to this case because the binding precedents are of their own opions that would overwhelmly support the pitition.

This decision sets a deplorable national landmark legal precedent in that the PA Supreame Court …….rules against its own published opinions and binding precedents.

This ruling makes complete folly of the appellate court system and denies the lawful recourse by its citizens in all cases before the appellate courts where criminal public corruption surrounds the trial.

Within our own family of a senior detective and policeman, Montgomery County judges are “on the take” with no more than a phone call, have committed major felony crimes including murder against the community residents, with all of these crimes blatantly left un-investigated by our DA Risa Vetri Ferman, serving as chairperson for the PA Supreme Court rules committee.

This community and across every community in this country, are sick and tired of the blatant corruption in the people we have entrusted to enforce the laws of this country. In of the DA's official capacity, her own statements reflect a strong revival of the deplorable judicial “lynching” of its citizens ….. and will not be tolerated by the community anymore.

Richard Liberatoscioli
9 Reformed Rd., #4
Linfield, PA 19468

Thursday, June 24, 2010 8:27:00 PM  
Blogger Richard Liberatoscioli said...

With the landmark PA Supreme Courts ruling against "their own" binding precedents, the very foundation and all credibility of the appellate courts have shown nothing but blatant contempt to the enforcement of the laws of the commonwealth.

Every case before the Superior and Supreme courts will now cite this appellate judicial corruption entitling them to a re-trial of a competent court..... the law of the commonwealth demands this as well as the citizens of PA.

All cases before the Superior and Supreme Courts of PA may file their cases by contacting:
to enjoin in the State wide class action to restore and protect the competence of our Judicial System as the law requires and the community demands.

All of the wide spread official public corruption going on in PA by our law enforcement officials now makes sense .... "a fish rots from the head down"

Friday, June 25, 2010 10:21:00 PM  

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