Ninth Circuit Admits It Committed An Error Re. Complaint Of Judicial Misconduct

Ninth Circuit Admits It Committed An Error Re. Complaint Of Judicial Misconduct

San Francisco, May 12, 2017

Earlier this year, President Donald Trump’s nemesis, the U.S. Ninth Circuit Court of Appeals, headed by Judge Sidney Runyan Thomas, refused to take action against a Federal Judge Ronald McLeod Whyte’s misconduct simply because the latter took inactive status post misconduct complaint. See “Federal Judge’s Retirement From Bench Erases His Judicial Crimes While On The Job? Taxpayer On The Hook To Still Pay The Judge’s Salary For Life”,  http://judgetsmoneyforlifeaftercrimes.blogspot.com/2017/04/federal-judges-retirement-from-bench.html

It now appears that the complainant was able to make a persuasive argument to the Ninth Circuit, CLICK HERE to see it , which resulted in Ninth Circuit reversing its prior position and admitting its own error. CLICK HERE to read it!

There are countless public complaints of judicial misconduct against Federal Judges, for e.g. see http://judicialirregularities1.blogspot.com/2016/11/california-judicial-council-corrupting.html.  The Ninth Circuit is doing nothing to rein in the judicial misconduct. For example there has been no instance in recent past of Ninth Circuit going after judicial misconduct although countless complaints have been filed with the Ninth Circuit, see http://www.ca9.uscourts.gov/misconduct/

The public is growing increasingly tired, impatient, and frustrated with the attorney profession, a relatively small percentage of the overall population, monopolizing and cornering the market on this country’s justice system, raging havoc with life-changing orders against ordinary citizens.

The list of public demands against the judiciary can be summed up as follows:

1.            Promote transparency by allowing cameras and recording in open public courtrooms, the same way mobile camera phones have exposed law enforcement crimes in recent past.

2.            Remove judges’ own created judicial immunity doctrine to the extent judicial acts are committed maliciously, capriciously, arbitrarily and in bad faith.

3.            Remove the restriction that one has to be an attorney, to be a judge. If a jury, made up of public members, can be a fact finder and apply the provided law, so can a citizen of good standing, be a competent judge and serve all segments of the population, not just the special attorney interests.  After all the law is written in plain simple English language. If driving public is competent enough to interpret and follow road signs they can do an equally good job as a judge.

4.            Allow non-attorneys to assist and represent financially weak, minors and elder litigants to whom court cannot appoint counsel, and who cannot financially afford counsel. It is better to have some support, than no support at all. The monopoly over legal representation is done for a self-serving purpose to fuel and feed the attorney profession and corner the market.

5.            Cut out excessive regulation, the federal and state government intrusion in people’s private affairs. For e.g. no state intrusion in marriage, divorce, or child rearing or custody, unless the litigant is criminally convicted of a felony or sexual crime. Curb the frivolously obtained domestic violence restraining orders and property kick out orders, obtained in bad faith, without due process, and on ex parte one sided allegations, to gain tactical litigation advantage, say on child custody and support.

6.            In the 21^st century technology media age, there is no place for a humanly transcribed court reporter. Video and other objective mechanical means of recording must be the official record, not a court reporter, who is prone to human errors, not to mention the exorbitant cost to obtain reporters transcript.

7.            Public citizens of good standing should have oversight over judges, not attorneys and judges themselves. For example, the judicial misconduct complaint against a fellow judge is evaluated by none other than the Ninth Circuit judge brethren, which is anything but a neutral and impartial oversight. Another example is the audit of the California Commission on Judicial Performance [“CJP”] by the California State Auditor blocked via a lawsuit filed by CJP against the California State Auditor.  In any profession, lack of oversight breeds corruption. Ultimate power corrupts.

8.            Remove life-long job security and salaries for Federal Judges. Once they put on the show and façade of how qualified they are at the initial Senate confirmation hearings, the federal judges settle down and go back to their old habits and corruptive ways.  Judges should be appointed for a limited term, say five years, to be reviewed after that cycle by a senate ratification process. Eliminate the life-long salary, after a judge puts in 10-15 years of service. No other profession in this world offers tax payer paid salary for life after a meagre 10 year service, and by taking an “inactive status”

9.            Severe punishment for judges and attorneys committing perjury, misconduct, crimes, creating a false record, using typical judicial tactics to “fix the outcome”, conspiring with others, RICO, doling out favors, “kids for cash” in family courts, et al. This will deter fellow judges from even thinking of succumbing to these corrupt temptations.

10.         Remove judges from outsourcing his/her job, or permitting third parties, law clerks, judicial council staff to author their orders. The handsome taxpayer paid compensation given to judges, is not so that they can take vacations, buy resort properties and investments and be off the bench for the most time, while delegating /outsourcing the work to law clerks / judicial council staff.

11.         Remove the adverse bias, slant against pro se (self represented) litigant population, the misuse of vexatious litigant law to lighten the judges’ calendar at the expense of the poor, weak, self-represented public litigants. The litmus test on vexatious litigant should leave no discretion to the judges to manipulate the loose doctrine to fit anyone and everyone under that definition.

12.         Any judge that rules on anything other than the facts and the law, should be suspended from his job without pay. Personal biases, prejudice, discrimination against anyone, et al., has no place in society.

13.         Summarily issued orders should be banned. Every judge must be required to provide a reasoning for his/her order. Litigants have a right to know the reasoning and explanation behind a judge’s ruling. This also helps the appeals court in its own review.

14.         Lawsuits against the judiciary, state and federal authorities, its branches, affiliations and instrumentalities, and other special interests must be heard by a panel of judges, which should include equal number of public citizens of good standing, to avoid judge’s appeasement to the powerful state and federal entity lobbyists.

15.         All senate confirmation hearing materials of judges should be made publicly available including the annual disclosure statements of judges and public officials.

Please direct your comments and queries to judicialoppression@gmail.com