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 21st 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
