Lawsuits filed against Pennsylvanian Supreme Court: Entire Pennsylvania judicial system alleged to be unconstitutional

Two separate lawsuits were leveled against the Pennsylvania Supreme Court and other defendants Thursday, September 4.

Congressional candidate for Pennsylvania’s Eleventh District, Andy Ostrowski, was the first to file against the courts, in the United States Middle District of the Third Circuit. The second to file is Ed Bogan, who submitted his case in the United States Eastern District Court. He also named the Pennsylvania Supreme Court and the Office of Disciplinary Counsel as defendants, among others.

Besides the Supreme Court of Pennsylvania, Ostrowski named as defendants the Pennsylvania Disciplinary Board, Paul Killion, Robert Fulton, Deon Turner, Robert Snook, Capitol Police, Officer Sloan, 1–25 John/Jane Does, and Dunmore, PA lawyer Brian Cali.

Ostrowski’s lawsuit features as a prime grievance current disciplinary proceedings taking place against Don Bailey, which constitute a case of pure retaliation for Bailey’s speaking out against judges, according to Ostrowski.

Don Bailey is a former United States Congressman and PA Auditor General who was stripped of his law license in October 2013.

Ostrowski Complaint Art 5 Sec 10

Click to download PDF

Article 5, Section 10(c), of the Pennsylvania Constitution grants the Pennsylvania Supreme Court exclusive plenary authority over all aspects of the Pennsylvania judicial system. Such extensive authority violates the separation of powers and checks and balances needed in a representative democracy, according to Ostrowski.

What is needed, said Ostrowski, is for “the federal courts to enter a declaratory order to effectively strike down Article 5 Section 10C of the Pennsylvania Constitution, which is in direct violation of Article 4 of the United States Constitution. The entire judicial system of Pennsylvania is unconstitutional.”

If Ostrowski prevails it will force either the Pennsylvania legislature or the United States Congress to act.

This is the perfect issue for Congress, demanding congressional actions, said Ostrowski. “That is why I am running for Congress.”

In the case of Bogan, he asserts his ex-wife and her attorney falsely testified concerning his whereabouts at a critical time, claiming to witness him being in one place, when, in fact, he was at work at the maximum security prison where he is employed. “So I exercised my rights in accordance with the law,” said Bogan

Attorneys, before entering upon the duties of their office, are sworn in before an individual authorized to administer the oath pursuant to 42 Pa. Consolidated Statutes §2522 (Oath of Office), which reads:

“I do solemnly swear (or affirm) that I will support,
obey and defend the Constitution of the United States and the
Constitution of this Commonwealth and that I will discharge
the duties of my office with fidelity, as well to the court
as to the client, that I will use no falsehood, nor delay the
cause of any person for lucre or malice.”

“Any person refusing to take the oath or affirmation shall forfeit his office,” the statute states.

“The lawyer perjured herself; I reported her. They refused to protect the public, i.e., me,” said Bogan.

“Coming from a family that is employed in the law enforcement, judicial, and legislative sectors I/we placed a lot of faith in the court system. I can say (and also my family, i.e., parents, uncles, etc.) that it shocks us/me, how corrupt the Pennsylvania court system really is.

“The faith that I once did have in the Pennsylvania court has dwindled away to nothing.”

The Wilkes-Barre/Scranton Independent Gazette is continuing its ongoing series, “Custody for Cash,” an exposé documenting the family court system in Pennsylvanian and other locations in the country.