Posted on 05/04/2024 5:40:56 AM PDT by george76
Authorities claim there's no need for sentencing hearing, bail option..
A state legal action in Pennsylvania is sparking outrage .. for the result it demanded: Two farmers arrested and jailed on 30-day sentences with no sentencing hearing and no option for bail.
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Their lawyer, Robert Barnes, charges, "This is the craziest thing I've every seen."
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This is an unlawful civil contempt order. There are certain procedures that must be followed in a civil contempt action and to our knowledge those were not followed here. Even if they had been followed, the maximum allowable punishment is 15 days in jail which must be conditional, with keys to your own jail cell – meaning there is a condition you can meet to immediately end your incarceration. None of that is true in this case.
The state claims this is a punishment for not complying with a subpoena to turn over documents, but an agency can’t just order anyone to turn over any document they please. For a subpoena to be valid, the jurisdictional validity of the subpoena must be established, and it has not been in this case. Both men had sought the advice of an attorney regarding the case and had been told that the Veterinary Medical Board had no jurisdiction over them, that the subpoena was therefore invalid, and that there was nothing Ethan and Rusty needed to do.
There is no evidence that Ethan or Rusty ever saw the order the state claims to have mailed to them last August which threatened them with arrest if they did not comply.
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his clients were "denied the ability to see the case against them or NoBull Solutions because the state had the docket sealed and hidden
(Excerpt) Read more at wnd.com ...
Herd checks are a dirty job. Having your arm up a cow’s ass to the armpit, and then they pass gas is a guaranteed face splatter.
the farm I refer to 50 years ago had well water at the barn yard, but no electricity. They just wanted to make sure the bull was doing his job.
Exactly.
It’s all Part of the Plan™ and by design.
Yup.
I wish Canada had the Second Amendment, but it hasn’t changed the Leftist trajectory of the USA at all.
It’s just the same as all the other Western countries.
No; politicians who claimed to be on the right but were secretly on the left helped this happen.
Denying voter fraud won’t help.
Good resume!
The fight apparently stems from allegations the two were practicing veterinary medicine without a license for running ultrasound test on cattle, a procedure that is common for farmers to use for various reasons.The result was an investigation by the state of Pennsylvania, where officials demanded that the two turn over their records.
They failed to do what state officials demanded, and the report notes that resulted in contempt orders against the men.
The state's court officials told the broadcast outlet that there is no option for bail, and no "sentencing hearing" required for contempt charges. Authorities simply arrest the suspects and jail them, the report said.
The Pennsylvania Veterinary Medicine Association has received multiple complaints from veterinarians about the illegal practice of veterinary medicine by unlicensed individuals employed by NoBull Solutions LLC. The company's Facebook page advertises "all encompassing reproductive management" for dairy farmers.Reports from our members, as well as documentary evidence on their own Facebook page show non-veterinarians using ultrasounds and making diagnoses.
The operating partners of NoBull Solutions LLC are Rusty Herr and Evan Wentworth. Both of these individuals were fined by the Commonwealth for the illegal practice of veterinary medicine in the past. Ethan Wentworth was fined $3,000 and ordered to Cease and Desist in 2018 (Docket No 1928-57-17; File No 16-57-05621) Rusty Herr was fined $3,500 and ordered to Cease and Desist in 2010 (Docket No 2296-57-09; File No 09-57-05797). In spite of this hoth individuals continue to practice veterinary medicine without a license and have hired others to do the same.
Attached to this complaint are screen shots of the Facebook pages of NoBull Solutions LLC, Rusty Herr and Ethan Wentworth. While the Facebook page for NoBull does not list any employees, Mr. Herr and Mr. Wentworth identify themselves as operating partners on their personal Facebook pages. The screenshots of the company page include photographs of Mr. Herr performing an ultrasound on a horse and a shared post from Dylan Brantner, an employee of NoBull Solutions LLC, stating that he performed an ultrasound.
Since these individuals continue to practice veterinary medicine without a license after their initial Order to Cease and Desist, we request that the state file contempt charqes with Commonwealth Court.
PVMA is able to supply additional witnesses upon request
The Complaint is made to:
Professional Compliance Office
Department of State
2601 North Third Street, P.O. Box 69522
Harrisburg, PA 17106-9522
An imposition of a CIVIL PENALTY AND ORDER TO CEASE AND DESIST was made by
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE BEFORE THE STATE BOARD OF VETERINARY MEDICINE
on June 2, 2010
Communists always go after the farmers first. Wake up America!
And of course we need Bureaucrats throwing people in jail.
I am reminded of Rush Limbaugh's story about the woman who was braiding hair, and how all the other "licensed" hair salons objected and sicced the authorities on her.
Apparently you need a license to braid hair, in Colorado, I think.
More credentialism and guild protection going on here, which is another thing wrong with our society and our governing system.
Ultrasound? Yeah, that might kill an animal.
DIAGNOSIS. Both were under a CEASE AND DESIST ORDER to stop playing veterinarian doctor.
Using an ultrasound is non invasive and does not *REQUIRE* a veterinarian to do it. That it is regulated by the state is the real issue here, not that they are doing it.
The state, protecting the guild rather than the public, would probably classify taking the animals temperature as "practicing" veterinarian medicine.
This is overreach by the bureaucracy. One good thing that may eventually come of AI is the democratization of services now being charged by certain types of licensed professional people.
We already know that AI is often better than doctors at reading X Rays, Cat Scans, and MRIs.
Can probably do a better job handling most legal matters too. :)
DIAGNOSIS.
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