THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"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.


Monday, September 23, 2024

On statutory rape of inmates by their guards in judicial chambers (Kentucky)

All I hear in the news about the Kentucky judge-shooting case is mourning.

It is such a tragedy.

The judge was such a good man.

The murdering sheriff is such a good man.

It is such a loss to the community.

The murderer and the murdered were such upstanding citizens and pillars of the community.

They were such bosom friends.

Nobody expected such a thing to happen.

REALLY?

In 2022 the local deputy sheriff was charged for repeated rapes of a home incarceration inmate which were occurring IN THE CHAMBERS of the now-dead judge.  The case was immediately put - since September of 2022 under control of the State Attorney General.

The locals want to have everybody believe they did not know it?

In a community as small as that, less than 1700 people, and a land of kissing cousins where everybody knows everybody, an everybody is related to everybody in this way or another, everybody discussed this juicy piece of news at their kitchen tables - for years!

And, please, don't insult me by telling me that the judge had no idea that was happening.  Anybody who has any knowledge of the court system know that chambers are off limits to everybody, they have confidential documents and are securely locked, with only a few confidential clerks of the judge, in addition to the judge himself, having access to the room.

Moreover, recently, a local court clerk gave an interview to the press claiming that, even though the conversation between the sheriff and the judge that took place 4 days ago, when the sheriff shot the judge, (1) was happening behind closed doors in the inner chambers, but (2) a video without sound was available of what was happening inside.

If that was true, how come a deputy sheriff had sex with an inmate in those same chambers, several times, for months, and the judicial personnel and the judge did not know?  It is complete BS.

Rape of an inmate - including an inmate on home incarceration - is a STATUTORY RAPE, where the victim cannot legally give consent to sex with her guard, due to her dependent position.

The press is tiptoeing around the word RAPE, and STATUTORY RAPE because of where it was happening and who was involved.

You know what happened to the rapist?  Not much.  Was he convicted of felonies? - Sure.  Was he fired from his job.  - Of course.

But, how much of jail time was he ordered to serve?  Don't laugh.

SIX FREAKING MONTHS.  About the same time as he was raping the inmate.  6 for 6.

The reality is that the presiding judge could not be quick enough to sweep under the rug the gory details of Judge Mullins potentially being involved in statutory rapes of inmates and having to testify at a criminal trial under cross-examination as a witness (at least).

That's why such a "favorable" plea.

Where is the #metoo movement?  Remember theatrical performances of Democrats in Congress for confirmation of Judge Kavanaugh?

Remember the worldwide outrage fomented by the #metoo movement about the just-6-months' sentence of Stanford athlete Brock Turner - for statutory rape of a drunk and unconscious young woman?  It is also a type of statutory rape where the victim cannot give legal consent.  NO DIFFERENT from the rape of an inmate.

Where is the outrage, I am asking?

Where are petitions to take the sentencing judge Eddy Coleman off the bench - because he obviously helped "his own" avoid being a witness under cross-examination as to why he allowed his chambers to be used to rape inmates?

And - you know why else Judge Coleman helped sweep the gory details under the rug for Judge Mullins?

Because a civil rights federal lawsuit was filed back in 2022 on the same topic against both the rapist, and public officials, supervisors of the rapist, including the sheriff (who shot Judge Mullins on 9/19/2024).

The federal court held the lawsuit "in abeyance" (did not do allow anything to be done in the lawsuit), waiting for the outcome of the criminal case.

So, Judge Coleman made sure that there was no trial, no transcripts - and no food for the federal lawsuit.

Justice be damned.  The victim be damned.  The black-robed colleague and the black-robed brotherhood must be protected at all costs.

So, Judge Eddy Coleman has sentenced the rapist to 7 years, 1/2 years of it in jail, the rest - probation.  That was in January of 2024.

6 months is a short time.  So, by this past summer, the rapist was already out on the streets.

But, with his conviction, the movement on the federal lawsuit resumed.

A deposition of the Sheriff was scheduled in the federal lawsuit, according to the seconds-long interview of the victim's attorney to the press.

A deposition was an out-of-court discovery procedure where the victim's attorney was asking the Sheriff questions that the Sheriff had to answer under oath before a notary.  The federal judge overseeing the lawsuit does not have to and usually is not present at such depositions, but the transcript of it may later be used at trial or in support of motions.

Judge Mullins was listed in federal court as a person of interest, a potential witness.

The deposition, reportedly, took hours - as usual for depositions, as it is the first and last time for the attorney to get answers from the opposing party without a judge present and without the opposing party being able to object.  So, the attorney for the victim was thorough and grilled the Sheriff for hours.

As court personnel and other people who saw the sheriff and the judge on the day of the shooting reported, the sheriff had lunch with the judge, then came to the judge's inner chambers, closed the door, and then the video has shown that the sheriff and the judge were sitting, the judge gave the sheriff the judge's cell phone, the sheriff looked at both his own cell phone and the judge's, gave the judge's phone back to the judge, stood up, came up to the judge and shot him multiple times, killing him.

Did the Sheriff go bonkers because of the deposition that took place 4 days prior?

Was the Sheriff, a person entrusted to bear arms and to supervise a whole County police force, also bearing arms, such an unbalanced individual that he could not calm down over a 4-day period and still be "angry" because of the deposition?

Or did he, very simply, eliminate Judge Mullins as a witness in the upcoming federal jury trial?

The local judge in the criminal proceeding eliminated the necessity of Judge Mullins testimony by giving the rapist a sweet deal he could not turn down, but with a federal lawsuit the sheriff obviously had no influence over the victim's attorney, who did call him to a deposition and did grill him - and could similarly call Judge Mullins, as a witness, next.

The killed judge's brother-in-law and coincidentally local prosecutor has appealed to people far and wide not to "gossip" about the case, claiming that it is wrong.

What is wrong though is to RAPE incarcerated women in the judicial chambers.

That could only happen because the women in question did not believe in the integrity of either the presiding judge or the judge whose chambers were used, to complain to them about what was going on.  

And that tells us TONS about what the public REALLY things about integrity of judges.

Crooks? Oh yes.

Now sex slave masters?  Whyever not?

The public is so afraid of judges that nobody will tell what they really think to the press - they only repeat cliche phrases, deathly afraid of retaliation that could cost them to lose a livelihood with no recourse, in a small community.

And they have a good reason to be so afraid.

Nobody charged Judge Mullins for his role in the rapes.

The victim did not sue Judge Mullins in her federal lawsuit - because it is FUTILE, judges invented for themselves absolute immunity for malicious and corrupt acts in office.  Even if Mullins was not a presiding judge in the raped inmate's case, his status as a judge alone would have granted him immunity, as happened in countless such lawsuits.

The victim's only chance was to do what she did - submit, wait out her time, give out information when she could, secretly, against a guard that the criminal justice system was not afraid to charge criminally, unlike Judge Mullins - and then SUE who she could sue.

This IS a tragedy.

A man lost his life, his mother lost a son, his wife lost a husband, and his two children lost a father.

But something holds be back from grieving and believing that Judge Mullins was a good man.

Had he been a good man, he would have resigned the moment criminal charges were brought against the deputy sheriff who raped inmates in the judge's chambers.  And, he would have made a public statement about his own involvement in the case.

Judge Mullins did neither.

Judge Mullins plugged right on, in belief that he will be protected by the system from any responsibility, no matter what he actually did and what his involvement in the case was.

Therefore, I suggest that a nationwide investigation into the factors of such impunity that lead to such results - and the rape of inmates in Judge Mullins chambers are only a drop in the bucket of crimes otherwise committed by judge and in chambers, that remain untouched by the law enforcement.

And, when you come to vote for judges in November, remember what kind of impunity they get just be donning that black robe thanks to your vote.

Not all elected judges turn scoundrels.

After all, if you are allowed a free hand to rape, kill, steal and burn, you will not necessarily use that "privilege".

The same with judges - if you are given (rightly or wrongly) absolutely immunity for "malicious and corrupt acts" in office, if you are a person with integrity, you will not necessarily abuse that power.

Apparently, Judge Mullins, the person in charge of his own chambers-turned-sex-slaving quarters, lacked basic integrity to resign, come clean and repent.

While he is now before a higher judge, we the People need to stop what happened to the raped inmate from ever happening to any person involved in court proceedings.

Abolishing the unlawfully self-given absolute judicial immunity is the first step.