Tuesday, March 17, 2015

On job security of judges...


Attorney to judge:   Judge, but you testified on behalf of my client's opponents and became a witness in this proceeding.  Here is proof - transcript of the hearing in question.  You are a witness now, you cannot continue to preside, it is a due process violation, please step down.  Since you have previously imposed an anti-filing injunction upon my client (for raising constitutional arguments), I ask you, on an application for an Order to Show Cause to allow me to proceed with a motion to recuse against you raising these issues of your misconduct, Your Honor.

His Honor:  I will not sign it (and will not allow you to challenge my misconduct).

Attorney to judge:  Judge, I saw you communicating with my opponents through your facial expressions.  I am concerned that you are going to do the same with the jury.  Please, allow me to videotape you to make sure you are not engaged in the same misconduct that I already witnessed on this particular date, date is specified.

His Honor:  I will not sign it (and will not allow you to capture my misconduct on camera).

Would you just LOVE to have such a job where nobody can question you because you can prevent anybody challenging you from even seeing the inside of the court with that challenge?

Of course, the question remains whether His Honor acted honorably or, let's say, self-servingly, but that is, ladies and gentlemen, not a question of law and "honor" for these country's judges is a job description, not a moral and ethical restraint.

And there is a long history in American courts to treat constitutional questions as frivolous questions, or pesky questions not worthy of the judge's attention.

Moreover, what kind of constitutional question can overpower the requirement that litigants and attorneys must have faith in the integrity of the judiciary?  The legal profession and court proceedings have long become a brown-nosing exercise where the party who has the most brown-nosing potential (including political connections) always wins.

Anything a judge does in his job is covered by the judge-created presumption of judicial integrity, which apparently is supposed to co-exist along with the judge-created absolute judicial immunity for malicious and corrupt acts on the bench.

And whoever believes that such a combination is illogical and incompatible, and who does not want to believe in the Emperor's new clothes, of the honor of the profession that absolutely immunized itself of liability for dishonorable acts, should be banned from any possibility to earn a livelihood and should be blackballed for life from any meaningful employment.

And with all this job security in place, wouldn't you love to be a judge?

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