"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.

Friday, June 17, 2016

White male Judge Rob Bare jumped into bashing the female attorney handcuffed by white male Judge Hafen

I wrote on this blog about a judge who handcuffed an attorney for arguing against detention of an indigent criminal defendant.

After an uproar in the social media and after the "handcuffing judge", Judge Hafen, was ousted by voters, the defendant who was sent to jail because the judge was pissed that the public defender did not stop defending her client when she was told to - was released by another judge, Judge Rob Bare.

The defendant was released pending appeal of Judge Hafen's decision.

Prosecutors who had the audacity to oppose the release, were claiming, by the way, that the handcuffed public defender was "interrupting" the judge after he has already made his decision - which is, first, not true according to the available transcript, and, second, the judge should not have made his decision before allowing the public defender to make the record.

Even Judge Rob Bare who released the defendant stated that "[a] lot of meaningful things were covered that, respectfully, a lawyer could potentially weigh in on,” Bare said. “But even if the lawyer chose not to weigh in, it troubles me that a judge would speak directly to a now-unrepresented client in this regard.”

So, Judge Bare implied that the handcuffed attorney should have said even more than she already did.

Yet, Judge Bare blamed THE ATTORNEY and not Judge Hafen who ordered the attorney not to speak and handcuffed her when she did, so how was the attorney supposed to "weigh in" if she was handcuffed even for arguing as much as she already did?

There are interesting coincidences between two judges, Judge Hafen who handcuffed attorney Bakhtary, and judge Rob Bare, who released the defendant (no doubt, under the pressure of the storm of disapproval by the social media), but still continued to blame the handcuffed attorney, now for not arguing more than she did when she was handcuffed by Judge Bare's fellow judge Hafen.

Same as Judge Hafen, Judge Bare is a white male.

In his official court biography Judge Bare was quoted as saying:

"I give every ounce of my energy, every day.  I am proud to be a judge.  Respectfully, consideration of judicial ethics is very important to me.  Please know that integrity and professionalism are everything to me.”

Moreover, Judge Bare is one of the judges enforcing attorney discipline in the State of Nevada.

How appropriate and ethical was it for the judge to blame the female attorney who was already handcuffed for making an argument on behalf of her indigent client, to blame her for not making MORE argument, but, not to make any disapproving statement regarding behavior of the fellow male white judge who handcuffed her for doing her job?

And this is the man who enforces attorney discipline in the State of Nevada?

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