The multi-agency denial of my rights.
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Brief non-exhaustive summary of Palaschak's oppression by the state bar:
Palaschak's problems with the bar arose from a 1988 car crash where Palaschak was not at fault and both drivers drove away. Palaschak eventually sued R J Reynolds, the owner of the truck, and recovered. See Palaschak v RJR Nabisco, Case #____ Ventura court. Palaschak was uninsured at the time. Some years later the DMV purported to suspend Palaschak's driver license on the basis of that crash without any hearing. Suspension without a hearing is forbidden by Bell v Burson. Bell case is here:
http://www.circuitlawyer.8m.com/Burson.html
Palaschak's purported disbarment was begun on false accusation in 1990 by a fat bar prosecutor named Victoria Molloy that Palaschak had discriminated against fat people in hiring. After losing that case, Prosecutory Molloy subjected Palaschak to disproportionate scrutiny and eventually sought a 3 year suspension based on Palaschak's alleged wilful failure to have always appeared in court in his own personal traffic tickets - something that only happens to a lawyer like Palaschak who is in the business of combating the institutionalized and system deprivation of human rights in traffic court. Bar action for failure to appear constituted double jeopardy. Based on Palaschak's political writings and office procedure manual, Molloy maliciously attempted to have Palaschak declared mentally unfit to practice law. The state bar appointed a lawyer for Palaschak without telling Palaschak that this very lawyer had written the law permitting the bogus attempt to declare Palaschak mentally unfit. Once again Palaschak prevailed. Actually, this was Palaschak's 3rd victory - because the state bar had unlawfully suspended Palaschak's license in violation of In Re Ming while Palaschak's misdemeanor LSD case was on appeal - but before Palaschak could argue the Ming issue, Palaschak won at the court of appeal while homeless due to the unlawful disenfranchisement of Palaschak while Palaschak was in jail for 9 months on traffic counts which normally would have justified only 30 days in jail if Palaschak had been guilty which he was not.
In 1993 Palaschak's law office was raided and his computers, personal diaries, cash, checks, files, letters, and well, most of his office property was kept for 14 months by the same prosecutor, Glenn Kitzman (actually a nice guy), who obtained the 1999 federal warrant knowing that his 1999 declarant was lying - and that he, Kitzmann, had an official court tape recording the proved that Palaschak was innocent. In 1994 Kitzmann returned all Palaschak's belongings - except for the completed bankruptcy petitions which, although ready to mail, were passed on to new attorneys. Palaschak's 1993 raid was much like that in the case of the McSurelys to which Caroline Kennedy and Ellen Alderman devote an entire chapter in their book In Our Defense(2). See McSurely v Ratliff (1967) 282 F Supp 848 (E.D. Ky. 1967) declaring Kentucky's anti sedition law unconstitutional. See McSurely v McClellan (1976) 553 F2d 1277, 1282, note 9 (D.C. Cir. 1976)(en banc) discussing a safekeeping order for the personal diaries and other seized items of McSurely. The case ordering the return of the documents of McSurelys is McSurely v Ratliff (1968) 398 F2d 817 (6th Cir 1968). The endnotes of In Our Defense contain an excellent brief regarding the search and seizure issues in a politically motivated raid.
The California Supreme Court took up the misdemeanor LSD case and reversed the lower court decision. See People v Palaschak (1995) 9 Cal. 4th 1236; 893 P.2d 717; 40 Cal. Rptr. 2d 722 . The decision cannot be considered final for 5 reasons:
#1 Palaschak continues to suffer current injury of disbarment as a result of this bad decision;
#2 Palaschak's Habeas Corpus Petition in this case was intercepted by sheriff's deputies and not mailed; #3 The Supreme Court's own appointed lawyer never met with Palaschak in the case, submitted the brief without Palaschak's approval;
#4 Counsel failed to submit the entire transcript of the suppression hearing;
#5 the prosecution's main witness, Former DEA Officer David Matz, whose account of the raid was alone inconsistent was subsequently (in September 1999) arrested for shoplifting;
#6 a material police officer witness resigned from the force after failing to answer Palaschak's subpoena.
Also, Palaschak's disbarment came after Palaschak sued Justice Lucas for a lawyer client. Lucas and the entire court had a conflict of interest in the disbarment. Palaschak was not notified of disbarment proceedings and therefore had no notice and opportunity to be heard.
but the Supreme Court's decision is invalid because their own attorney ignored Palaschak's case, failed to file a complete transcript, and argued only 2 of the 30 to 100 valid issues. After Palaschak was counsel for another lawyer for whom Palaschak sued the California Supreme Court, this same California Supreme Court which should have recused itself allegedly purported to disbar Palaschak for his first discipline - even though the bar recommended only a 3 year suspension. Palaschak was jailed for 60 days for the LSD case at which time he wrote a Petition for Writ of Habeas Corpus and thought that he mailed it to the Supreme Court - but it was intercepted by Ventura Sheriff Deputies. Suffering from repeated bouts of poverty, homelessness, and seizures of his automobiles, Palaschak returned to the relative peace of his family farm in Illinois where he farmed for 3 years until being falsely arrested by the FBI on a charge arising from the Ventura District Attorney office who has harassed Palaschak for many years. The prosecution had an official court tape recording the proved that Palaschak was innocent - and yet it offered known perjury of a police officer to obtain the FBI warrant. Palaschak was held on $500,000 bail, extradited to California and acquitted by a jury who deliberated only 1.5 hours. In the week before Palaschak's trial, a Ventura police officer was arrested for shoplifting at Petco. This officer David Matz was the officer whose inconsistent lying testimony in Palaschak's LSD trial prevented the evidence from being suppressed. Palaschak plans to reopen that case. Upon returning to Illinois, Palaschak discovered that his angry brother had moved in laws into his home and had taken Palaschak's personal possessions. Palaschak went to work using his engineering degree designing parts for nuclear reactors - while living in a machine shed - but was laid off after the boom and moved back to California.