- in Pennsylvania, federal judge Edwin Kosyk had such memory lapses that he left home - in a car - and started wandering around, causing his family to request a police search-and-rescue operation;
- in Louisiana, federal judge Patricia Minaldi was abruptly taken off cases after:
- she was convicted of DWI;
- started to display bizarre behavior in the courtroom;
- was taken off all of her cases; and
- was sued (in a secret, unconstitutional, docket) by a magistrate judge of the same court.
Both the sealing, and the release, are obviously illegal:
- because it is unconstitutional to hide court dockets; and
- because it is unconstitutional to trade in open public information - if it is open to the press, it must be open to the public, too.
- Judge Minaldi has been ordered to an alcoholic rehab for 90 days by the Chief Judge of the 7th Circuit because, allegedly, her medical records refer to some "legal consequences" of her alcoholism (possibly, the DWI or more);
- Judge Minaldi is now residing in an assisted living community;
- Judge Minaldi, according to allegations of a person who has had (until the lawsuit) a power of attorney from Judge Minaldi to manage her affairs for her - unable to take care of her most basic needs (of course, that allegation is vehemently denied by Judge Minaldi's attorney); and
- Judge Minaldi, because of her alcoholism, developed a "disorder" called in medical jargon a "wet brain", or "a severe Wernicke-Korsakoff syndrome".
- memory loss,
- inability to form new memories,
- making up stories (confabulation),
- it is fraud upon the public;
- it is fraud upon litigants and counsel;
- it is damage, physical damage, in the very real sense, to Judge Minaldi, and
- it is waste of public funds on litigation that Judges Drell and Wood knew would have to be reassigned to another judge and retried in the future.
- lies to the public and taxpayers who pay their salaries;
- lies to attorneys and litigants;
- and continues to lie even now, by concealing the court docket of Judge Minaldi.
- that federal courts "typically attempt to quietly persuade judges to step down if they're suffering from substance abuse problem or medical disabilities that could be affecting their duties", and
- that "most of the time" that is "a very effective process".
- recognizes that "the process" of ousting demented judges is secret - even though when a judge on a court handling civil rights and death penalty cases has a disability "that could be affecting their duties", the judge MUST be IMMEDIATELY suspended from doing such duties, and parties appearing in front of such judge MUST be IMMEDIATELY notified to be able to go back and undo what the judge did when symptoms already showed, but the judge was not diagnosed or resisted being diagnosed;
- yet is claiming that it is "mostly" a very effective process, which, due to the acknowledged secrecy of such "process" MUST be Professor Hellman's ASSUMPTION based on FAITH rather than evidence, which nullifies the expert value of his opinion and portrays the professor as a sycophant of the judiciary and not any kind of "expert"; and
- fails to point out the harm such secrecy does to the public, or
- the source of such secrecy and the reason why "discipline against federal judges is rare" (virtually non-existent): The Judicial Misconduct and Disability Act, 28 U.S.C. 352(b)(1)(A)(ii), a statute I wrote about before, which allows judges to discipline (or not discipline) themselves, and allows the Chief Judge of the Circuit Court (that would be #ChiefJudgeCarlEStewart) REFUSE to discipline any other federal judge for ANY conduct on the bench (malicious, corrupt or demented) if that conduct is in relation to "a decision" or "a procedural ruling":
- Impeachment - that nearly never happen to federal judges, with the exception of medical conditions, and that Judge Wood and Judge Drell are trying to prevent by concealing "the problem" and hiding the court docket of a lawsuit;
- Criminal charges - nearly never happens with judges; and
- Discipline - the most commonly available remedy for injured litigants is simply to complain about the judge.
- judges and not any neutral and impartial citizen panels, get to investigate and discipline themselves and their brothers and sisters;
- the Chief Judge of the Circuit gets to be both the investigator, the prosecutor and the adjudicator - an unconstitutional conflation of executive and judicial powers; and
- the option of discipline was committed to the Chief Judge's ABSOLUTE discretion, and the Chief Judge have an ABSOLUTE right to dismiss any complaint, even asserting fixing a case in return for a bribe, or out of malice, or done by a judge sliding into or well in the grips of an alcohol mania, if the complaint is in connection to that judge's (corrupt, malicious, demented or manic) "decision or procedural ruling.
Yet, Professor Geyh, same as Professor Hellman, tinkers with the truth when he does not disclose to the public that on that "normal route" a citizen may bump into the Chief Judge's discretionary right not to remove or discipline the judge at all if the complaint is in connection with "a decision or a procedural ruling".
Yet, if federal magistrate Kay hopes for a fairer treatment by a state court, that hope is futile - because state and federal judges in Louisiana (same as in New York) are part of "State-Federal Judicial Councils", observe Chief Judge Stewart in a "Red Robe Ceremony" in such a "Council".
I tried to obtained lists of members in a New York State-Federal Judicial Council - the U.S. Court of Appeals for the 2nd Circuit has so far denied my FOIA request for membership, structure, source of financing, agenda and activities of that "Council" claiming that such records are not subject to FOIA as records of the "judiciary" (even though state judges definitely are not members of federal judiciary) and is stalling my administrative appeal of the denial - but, from what is available from attorney advertisement of former New York State appellate judge Thomas Mercure,
such councils consist of state and federal judges who "regularly meet to facilitate disposition of state and federal court cases", so former Judge Mercure openly admitted to allowing federal judges to fix state court cases and to having federal judges allow state judges (possibly, defendants in civil rights cases in federal court) fix federal cases.
Neither of the "judicial ethics" experts mention this interesting detail - that federal and state court cases may be decided not in court, but in extrajudicial "Judicial Councils" with secret membership.
But, of course, had the "experts in judicial ethics" mentioned that, they will not be "experts" anymore, but, rather, would be unemployed and unemployable for life.
So, let's see how this interesting petition and interesting case of a "wet-brained" judge will unravel in the future.
I have no doubt that this particular case is being subject of "facilitation" by the Louisiana State-Federal Judicial Council - the case-fixing ring that, same as the New York State-Federal Judicial Council, because of the power of its participants, who hold in their hands the licenses and livelihoods of all state AND FEDERAL prosecutors - escapes prosecution.
Yet, even while a lot of information in this case is concealed (and because it is concealed, by BOTH federal AND state judiciary system - acting in concert), it shows a lot about the so-called "integrity" of the "Just-Us" system where the most important thing that matters for the self-presumed-honorable with self-given-immunity-for-corruption "justices" is to conceal evidence of their unfitness for the job.
At all costs.
But another big question remains - how many MORE federal judges are still out there deciding cases about people's lives, in civil rights, criminal, habeas corpus, and especially death penalty cases - who are demented, but are only "gently persuaded" by the court administrators to voluntarily step down while continuing to preside over cases while they experience:
- memory loss;
- inability to create new memories - and thus review and analyze evidence in front of them;
- make up things (engage in "confabulation"); and
- have outright hallucinations and manias while on the bench