Justice, New York Administrative style!

In Uncategorized on June 14, 2011 by bleakhouses

Here’s the insanity I went through las week at the Environmental Control Board on a hearing for 2 violations.  This doesn’t fully describe it all and I will have to post again on it later, but thanks for reading anyway:

Violation 1-
Judge  “Counselor, do you admit the violation and if not what’s your defense?”
Me…”I haven’t yet heard a case made out, so I’m not at liberty to disclose anything.”
Judge “Well, the violation is the case, so what’s your defense?”
Me…”Huh?  I have a due process right to voir dire my accuser.”
Judge  “Not really, this is an administrative Court, if you convince me that you have a defense I might call in the inspector and let you examine him….Im not going to just bring him in and let you test his memory!”
Me…”Can I have that decision in writing?”
Judge  “Ok, we can adjourn for the inspector.”

Violation 2-
(Same intro)
Me…”this involves a violation attesting to measurements and observations.  My client doesnt believe them to be correct.”
Judge  “So we need to bring in the inspector…ok we can adjourn”
Me…”There is a facial defect on the violation mandating dismissal, so that can be determined today.”
Judge   “No it cant, we’re adjourning.”
Me…”The violation is defective, it cites the wrong law!”
ECB Attorney….”Yes Judge, we will be moving to amend to correct that defect.”
Judge”Noted…counselor, they are going to amend that mistake so I’m not going to dismiss.”
Me…”you can’t amend a violation to change the basic allegations, it violates the constitution in so many ways”
Judge  “Well, argue that to the next judge, but I’m not dismissing it.”


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