"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Saturday, June 11, 2016

A juror backlash against #JudgeAaronPersky - a new way for the public to fight judicial misconduct

Judge Persky, despite the national and international efforts to recall him because of his outrageously lenient sentence given to a rapist of an unconscious woman, was just re-elected - since he ran unopposed.  And while sending a message to the community that the woman is to blame herself for drinking, partying - and being raped by a white privileged man behind the dumpster.

But, while efforts are mounting to recall Persky, he is already getting his comeuppance in the courthouse - from potential jurors.

Reportedly, now potential jurors refuse to serve under him.

20 potential jurors so far refused to serve under Judge Persky because of the mockery he did out of the jury verdict in the #Stanfordrapist's case. 

I understand their feelings completely.

If they render the verdict of guilty, Judge Persky will simply make it disappear by a next-to-nothing sentence if he "feels" to favor the already convicted defendant, so what's the point?

So, when we are talking about giving absolute judicial immunity for malicious and corrupt acts on the bench (like Judge Persky's) as a matter of public policy - made up by the judiciary, bypassing the legislatures - the public appears to strongly disagree, and offer their own way of fighting it, by refusing to serve as jurors under the dishonest judge.

Who would expect such a turn of events?

But, that's people's true answer to what Persky is doing.

And, since the public started to oppose judicial misconduct by refusing to serve as jurors under a misbehaving judge, and that act of civil disobedience has been publicized, it can happen in other courts, in other states, and in regards to other misbehaving judges.

Let's see whether this trend will take.

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