No Judge who is corrupt, who condones corruption in others, can possibly remains on the Bench.

Tuesday, September 1, 2009

It's like Mafia is running the legal system in State of Virginia

Mafia is running the legal system in Virginia........

We published this Article in "Now Public.com" & received this chilling Story, about another Abused Mother by Virginia Judicial System.

Tracie Outland wrote:
at 08:28 on August 31st, 2009

In answer to this Question:
“Should the Constitution of Virginia be amended to change the method of re-appointing state judges from confirmation by the legislature to retention election by the voters?

YES I also believe a complaint on a judge, lawyer, GAL, therapist needs immediate clean up crew and immediate review and correction of the court files where the hate crime is committed, and immediate punishment and removal of certain individuals committing organized crimes which are targeted at slowly killing a particular individual that they have targeted, and are using the legal court system to slowly kill or remove, create underlying circumstances to come about and even making that particular individual all of sudden have a criminal history where that person never had a criminal history until they walked into juvenile court.
Juvenile court is being used as a beating room against mothers who want to exercise their freedom of speech, want to write to the VA state bar, Judges judicial review committee, and when this individual writes and speaks out about it, the false charges start coming in, and they quickly take the children with no real legitimate reason to do so.
THEY SIMPLY JUST DO WHAT THEY WANT.

The Judge, GAL, Lawyers both sides, therapist cover each others backs, and are using the legal system and think that because juvenile records are closed to the public that they can fool around with made up motions, orders that never existed. It has gotten so bad that the Mafia is running the legal system.
Like my lawyer told me, I'M A LAWYER, and laugh when a letter was wrote about their criminal behaviors.
That is when they want you dead or in jail, because they don't want their secrets told, especially in writing, and they don't want other peers laughing at them behind their backs.

I am homeless, sleeping in my truck, last night my supper was out of the can, cold canned food, using a gift card from xmas to take showers at the gym, having my clothes stole out of the back of the truck, BUT HEY DCSE is going to do their part and collect for the father who just won in court, got the kids, him involved in hitting mom with truck, mom being beat up the next day, false kidnapping charge mom put in Culpeper news over 6 times and picture put in paper for most wanted with kidnapping across the front of picture, oh and mom was aired on channel 26 with kidnapping across the front of my picture-all for justice for the father to make me look like a criminal when I had full custody of the children at the time, false assault and battery charge, false capias in Albermarle county-even though I had never lived in that county-who would have known I was suppose to been arrested hauled to Albermarle jail and never see the light of day due to many other charges underlying that I did not know about, by the way during this time he kidnapped the children for real and would not let them come back and judge did nothing just laughed, false show causes, even though mom had only made $2,500 in 2007, and no income from then to now, so they imputed mom income when mom wrote letters about them trying to put criminal charges on me and showed down fathers income in court since 2003, and DCSE is withholding my only income I could possibly get and it is from Germania financial aid check I was going to use to find a room with a shower, but instead they gave to the father who makes $131,000 a year, and mom has nothing, slowly softly killing me. The fathers laughs, normal for his violent behavior because the father has GAL Michael Sharman Esq. Culpeper VA, Judge F. Somerville Culpeper VA, Judge D. Payne/Mediator (interrelated family member) Fauquier Culpeper VA, Janet Lynn Ours Esq.(interrelated family member) Prince William Co VA, Gwen Corley Winchester VA Therapist, and had my attorney Paul Morrison Esq. Fauquier VA due to him being scared of Judge D. Payne/Mediator (interrelated family member) and my attorney scared because of a case where Judge Payne hurt my sister Sheila Day.
Family on Family.
Of course they would win in court with this amount of people to help Brian Cable ex husband Robert E. Crowell ex husband. Void abinitio is what this is called, organized hate crime to create underlying outcomes to accomplish their goals.

Sunday, August 30, 2009

Deborah S. Olin JD - G.A.L - Professional Judge Shopper


- The whole (Deborah S. Olin) family has serious anger/alcohol issues,using people…..yes Narcissism w/ a Cap N!


-She (Deborah S. Olin) married a Court Security Guy. Nice shaved headman named PJ.
(Authur - That would explain why she always gets so close to the Fathers in Child Custody cases and distroys Mothers lives.)


-Why she never had kids ..not going to question it, but I am concerned about her niece Hannah.


We published this Article in MGBB & thought to share some of the
Emails received in regards of:
Deborah S. Olin JD - G.A.L - Professional Judge Shopper
Join us for class act against Deborah S. Olin - G.A.L Arlington, Fairfax County Courts
Fit-Loving-NonOffending-Mothers-Abused-By-Judges in Northern Virginia courtrooms would like to hear from more victims of lawyer and guardian ad litem Deborah S. Olin. Please email va.justlaw@live.com.
Date: Sun, 12 Apr 2009 17:38:43 -0700>
From: @yahoo.com> Subject: Deborah S. Olin>
To: va.justlaw@live.com>

Hi I'm ……, and I'm a bit blown away by this (Article) on Deborah S. Olin. It
does not surprise me.
Meanwhile all kinds of other Olin family funk that just keeps turning up..The whole family has serious anger/alcohol issues,using people…..yes Narcissism w/ a Cap N!

Date: Tue, 14 Apr 2009 12:09:44 -0700 Subject: Deborah S. Olin
To:
va.justlaw@live.com
She had been married once...and her latest ex/or?
She married a Court Security Guy.
Nice shaved headman named PJ.
He too probably has a story or 2.unless you already found him?Why she never had kids ..not going to question it, but I am concerned about her niece Hannah


Sent: Friday 05/08/09 10:27 PM
Subject: Deborah S. Olin

Can you tell me more about this suit? I've had problems but I need to be careful about any info getting out to her. Thanks.

Tuesday, August 25, 2009

Delegate Phil Hamilton should immediately resign his House of Delegates seat.


Ranking GOP leaders formally requested an ethics investigation into the actions of Newport News Republican Del. Phillip Hamilton on Monday in the face of growing outcry about the influential legislator's $40,000-a-year job at Old Dominion University.
House Speaker William J. Howell called for a state inquiry the same day that Democrats Creigh Deeds and Jody Wagner - candidates for governor and lieutenant governor, respectively - said Hamilton should immediately resign his House of Delegates seat.
Later Monday, Republicans Bob McDonnell, who is running for governor, and Lt. Gov. Bill Bolling issued similar statements indicating that it seems best for Hamilton to resign, given the circumstances.
Late Monday night, Hamilton continued to resist calls for his resignation, and he voiced his support for an ethics panel to examine his actions.
Last week, ODU released e-mails showing that Hamilton secured $500,000 a year in state funding for ODU's Center for Teacher Quality and Educational Leadership while asking for a job for himself. He and university leaders agreed last week to end his employment.
In a statement, Howell said, "It is important to me and the citizens in whose name all delegates serve to know whether Delegate Hamilton's activities in this matter were legal and in keeping with expected standards of conduct for lawmakers." Howell, a Stafford County Republican, also noted in the statement that other House leaders support that position.
Virginia's conflict-of-interest law bars lawmakers from accepting money for services performed within the scope of their legislative duties. Violation is a misdemeanor punishable by up to a year in jail and a $2,500 fine.
Any formal request for an ethics inquiry of a state delegate triggers a review by a five-member House ethics advisory panel, which can forward its findings to the attorney general for possible prosecution. Ordinarily, such reviews are confidential.
House Minority Leader Ward Armstrong, D-Henry, urged Republican leaders to have a committee of legislators conduct a public investigation instead.
Full Story here

The Role of the Guardian Ad Litem

F E A T U R E S F A M I L Y L A W
The Role of the Guardian Ad Litem
in Custody Cases
by Cheshire I’Anson Eveleigh and Mona S. Flax

As family law practitioners who try custody cases, we found inconsistencies in the role of guardians ad litem after interviewing family law practitioners throughout the Commonwealth and in other jurisdictions.
This was not a scientific sampling, but an overview to illustrate the need for standardization
of the gaurdian’s role.
The role of the guardian differs greatly across the Commonwealth. This article is
designed to address issues facing guardians as they struggle with defining their role and to make our suggestions on how the role of the guardian can be better defined.
The court recognizes guardians ad litem as officers of the courtand expects all to adhere to the standards set forth above. Thecourt reserves the right to remove and/or suspend guardians fromthe list as appropriate and will take into account the guidelinesand guardian’s compliance therewith in making such decisions.
1 - Appointment of the Guardian Ad Litem
2 - The Pre-interview and Interview Processing
3 - The Home Visit
4 - Interview of Collateral Sources
5 - The Requirement of a Written Report
6 - The Necessity for Written Standards
7 - General Guardian Ad Litem Standards
8 - Enforcement of the Guardian Ad Litem Guidelines
9 - The Court’s Role
10-Guidelines and Standards from Outside the Commonwealth
11-Conclusion

Saturday, August 22, 2009

Albo Must Go.........


Delegate Dave Albo (R)

Fairfax and chairman of the House Courts of Justice Committee



Recently, Del. Dave Albo, Chair of the Courts of Justice Committee, was interviewed regarding a dispute over a Circuit Court Judgeship in the mostly Republican jurisdiction of Virginia Beach. In that article he was quoted as follows:


Del. Dave Albo, R-Fairfax and chairman of the House Courts of Justice Committee, said that "we pretty much let the local delegation decide" about the appointment of local judges."Portsmouth judge's reappointment could be in jeopardy," Virginia Pilot, Jan. 17,

2007We at Albo Must Go found this statement interesting. It was only two years ago that Del. Dave Albo personally intervened in the appointment of a Circuit Court judge in the City of Alexandria, overrulled the local delegation and tried to put his friend on the bench. What did Del. Dave Albo say back then?


"We believe it's our prerogative to select who we want, in spite of the local delegation's wishes," said Del. David B. Albo (R-Fairfax), a member of the House Courts of Justice Committee, which takes part in selecting judges.

He wasinstrumental in choosing Fairfax lawyer Timothy Battle to be the House Republicans' nominee."House, Senate Part Ways on Court Seat," Washington Post, Metro, B6, March 6, 2004.
Not one Democrat who is complaining now ever stood up when we were the minority and said that the system they used was unfair," said Del. David B. Albo (R-Fairfax), who has consistently said that it is his party's responsibility to have direct influence on judicial nominations, particularly in districts such as Alexandria that have Democratic majorities."Warner Makes New Pick for Circuit Court," Washington Post, Metro, B1 (June 8, 2004)Del. Dave Albo loves to wields power for the sake of maximizing his own power - not doing things in the best interest of the people. Whether it means voting to inflict political payback by keeping a well-respected moderate Republican education expert off William & Mary's Board of Trustees for endorsing a Democrat (retired Republican Delegate Jim Dillard) or keeping a labor community leader out of a cabinet appointment, Del. Dave Albo rationalizes abusing his own power to maximize he and the Republican Party's own partisan ends.Why doesn't the press ever mention this blatant hypocrisy in their reporting?
Posted by George Mason at 1/19/2007 05:02:00 PM

Wednesday, August 19, 2009

Immoral Judgement by Judge Bruce D. White - Washington Post

Now Public.com

Full Story here
Another Immoral Judgment by:
Merciless, Hardhearted Fairfax County Judge Bruce D. White
Drunk Driver Gets 15 Years For Fatal Wrong-Way Crash

The sentence for Alfredo Martinez Rivera, 31, was imposed by FairfaxCircuit Court Judge Bruce D. White and was one of the stiffest penalties imposed in Fairfax for a traffic death in many years,

involuntary manslaughter…. Virginia's voluntary sentencing guidelines recommended a range of three to nine years in prison.


Tags:

Another Immoral Judgement by Judge Bruce D. White - Washington Post


Article from: The Washington Post
Article date: March 7, 2009
Author:
Tom Jackman - Washington Post Staff Writer

Another Immoral Judgment by:
Merciless, Hardhearted Fairfax County Judge Bruce D. White
Drunk Driver Gets 15 Years For Fatal Wrong-Way Crash

The sentence for Alfredo Martinez Rivera, 31, was imposed by Fairfax Circuit Court Judge Bruce D. White and was one of the stiffest penalties imposed in Fairfax for a traffic death in many years,
involuntary manslaughter…. Virginia's voluntary sentencing guidelines recommended a range of three to nine years in prison
. Full Story here.

Wrongly convicted Norfolk man to get $633,000 from Va.


Comes from Virginia lawmakers who ushered legislation through the General Assembly's one-day special session Wednesday.
about $633,000 that legislators agreed to award him in Wednesday's special session in compensation for his wrongful imprisonment.

Judge Sharon Keller is charged with professional misconduct.



Judge Sharon Keller is charged with professional misconduct.

Investigating Judge Keller
New York Times


Sharon Keller, a Texas appellate court judge, made headlines in 2007 when she was reported to have ordered the court clerk’s office to close promptly at 5 p.m., preventing a death-row inmate from filing an emergency appeal. The inmate was executed. A Texas legislator is now trying to impeach Judge Keller for dereliction of duty in that case. A legislative inquiry is long overdue. more............

Also on BBC News

Tuesday, 18 August 2009 07:38 UK

US judge 'ignored death row plea'


Judge Sharon Keller is charged with professional misconduct.

Wednesday, August 12, 2009

Americans Murdering Their Judges, and the US Crisis of Judicial Corruption

Thanks to progressive national radio host Thom Hartmann of the USA, for calling this article "brilliant", and to the reform group JAIL 4 Judges for saying this article was "the best and most inclusive article we have found written on the subject of the cover-up of judicial corruption."

Americans Murdering Their Judges, and the US Crisis of Judicial Corruption
by Dr Les Sachs (Dr Leslie Sachs)

In the headlines are the appalling news stories of Americans carrying out murderous attacks on judges and their families. In a matter of days, one judge was shot and killed in his own courtroom, while another judge had family members brutally murdered in their home.These news stories are, however, related to another news story, which is the most taboo subject of the American media - the expanding crisis of corruption among American judges and lawyers. At question is whether the deepening despair of Americans about their own legal system, is fueling some of these violent attacks on judges.Much is written now about how America's economy is resembling that of a banana republic, given how America is sunk in preposterous debt, and how the US dollar currency is sinking toward a possible collapse in the near future.
But there is another way that America is also like a banana republic, in that its legal system - contrary to its Hollywood image - has become a sinkwell of secret proceedings, the jailing of the innocent, and political misconduct; and how it is sullied with documented corruption, fake trials and court fraud.These facts are not generally understood, because of how judicial corruption is the most un-reported news story in the American landscape. It is the category of news story which America's newspapers and media are most afraid to report, even when clear proof is in their hands.
In America right now, judges - and lawyers who are protected by judges - can commit felony crimes in broad delight, leave the proof lying around, and yet avoid being prosecuted or even having their crimes be reported by the media. The people who work in the media see a lot of material on court misconduct, and yet they know this is the story of which they dare not speak.
The lack of media coverage, in turn, encourages more judicial corruption, leaving millions of Americans in anger and despair.Confronting the secrets of US judicial corruption, is a key to understanding America's whole social crisis, and its role in the world right now. Here are some elements of this situation that you won't see in run-of-the-mill news reports:
The innocent in USA courts: imprisoned, sentenced to death, losing all they have. The key statistic to understanding America, is that it has over 2.2 million prisoners (!) out of about 300 million people. This is 25 per cent of all the prisoners, anywhere, in the entire world. By comparison, the most populous nation, China, with about 1.3 billion people, only has a few hundred thousand prisoners, despite being denounced by the USA as a "repressive" country.1 out of every 45 working-age males (that is, not counting children or the elderly) is BEHIND BARS in the United States. With working-age black males, the figures are about 1 out of 20.
This is the stuff of revolution.With so many Americans in jail right now, and many more having been to jail or on the way, the USA now has the world's biggest gulag. The United States of America is a giant machine for jailing people and making them afraid.
With 2.2 million prisoners, America can be very casual about who it throws into prison. Estimates are that at least 5 per cent, or over 100,000 of these prisoners, are completely innocent. This is well shown by the fact that over 100 of the smaller group of prisoners who have recently been on death row in America - actually sentenced to be executed - have recently been freed, innocent of the crime for which they were convicted.
As it is so easy to railroad innocent people in America on capital murder charges, which have mandatory appeals, it is even easier to railroad people on lesser criminal charges, or in malicious lawsuits where victims lose all their money and property.
With judges and lawyers making so many mistakes, sending so many innocent people to prison, and wrecking so many lives with lawsuits, the drive to cover-up for judicial mistakes becomes obsessive.
The US legal system cannot function without a cover-up. But a cover-up of judicial misconduct, becomes an invitation for corruption and bribery and more misconduct, and this vicious cycle keeps escalating.
In America's unique political landscape, the lawyers and judges have supreme power, both over themselves and over the political process. With the American theory of the "supreme" judiciary that is supposedly "independent" of politics, the recipe is there for a kind of "Praetorian Guard" mentality like in ancient Rome.
In imperial Rome, the small army of the "Praetorian Guard" theoretically protected the emperor. But as the Praetorian Guard realized its power, they were able to become a law unto themselves, controlling the empire, even dictating to the emperor, and covering up for any of their own misdeeds.
This is the role of the judges in America right now.
America needs its judges to keep order over its own far-flung empire. America's corporate rulers fear to expose the misconduct of judges, lest this empire start unraveling.Since the judges are "supreme" in America, if people realise the judges are crooked, a revolution would be at hand.US Judges as Goons for the Big CorporationsIn United States regime, most major aspects of public life are now under the control of the US-based multi-national corporations, who have effectively and openly bought and paid for everything in the American "system":
- The corporations own most US politicians, including both of the two tweedledee-tweedledum "political parties", given that both the "Democrat" and "Republican" parties, and nearly all the politicians, get their funding from the same US corporate interests, despite a little bit of pretending to be different;-
The corporations own all the major US media companies, who control what "news" most people see and read;- The corporations effectively control most of the well-known "non-profit organisations", who also depend on the large corporate or corporate-backed "donations" for their existence and income;- The corporations own the US elections, determining who is allowed by the media to be a "major candidate", and the corporations even manufacture the easily-hijackable "voting machines" that "count the votes" for people- And the corporations, above all, own the US lawyers and judges, via the corporate money and bribes that flow in the billions of dollars through US law firms, which is why they rarely lose cases among the "pro-business" US judges.
The judges enforce the "law", which in the United States means the Law of the Big Corporations. They win, the little guy (or girl) loses. That's what judges and lawyers call "The Game".
In exchange for controlling things for the benefit of the big corporations, US judges and lawyers are allowed to act like perverts with regard to the average person. They can lie, rob, cheat, steal, kill and destroy any mere average person or US citizen - that is what the judges and lawyers get, as their "reward" for running things for the benefit of the really rich people who are big shareholders in the big corporations.
America needs the myth of the "rule of law", the power of the judges, to keep control of the political situation. But the trade-off is that the judges have become a law unto themselves, and the judges and lawyers in America have built a machine that cannot be reversed by any power visible on the horizon, except some kind of revolution.US Media Control Hiding the Judges' Crimes.

The one power that the judges in America do worry about, is that of news media and publicity, either of the independent kind or from outside the United States.
Recently, the American Supreme Court judges decided in a close vote, to stop putting children to death, admitting they were influenced by world public opinion and international condemnation of this practice.
The news media in America - mostly owned by large corporations who own everything else - has a guilty conscience about all the evidence of judicial misconduct that flows regularly through their offices. The media do not report or investigate most of these stories, even when conclusive proof is plopped in their lap.
This is partly out of fear of revenge by the government and the judges, and partly out of a sense of a twisted theory of "patriotic duty". These media employees think that it is better to hide the dirty linen of the judges and courts, so as not to "upset the public" and "destabilise society". In other words, they know that the truth about the crooked US judges, is the stuff of revolution. But really, the situation is that the big media in the United States, is owned by the same big corporations who own the politicians and government, the same big corporations who pay the big law firms that bribe the judges so that the big companies almost always win their cases.
Most big corporations find themselves using American courts extensively, including the media companies. If any media company or US organisation were to independently "go after" some corrupt judges, and speak about judicial corruption, the fear is that the media company might well find itself being destroyed by the judges, as billions of dollars worth of lawsuits suddenly were "decided" against the corporation.

You may not believe this yet, but the fact is that the US judges operate like criminal gangs. They get together and pick a target, and they can decide to destroy that target if they feel it is a threat, either to themselves or to their paymasters at the big corporations.
Such terrors lurk in the back of the mind of independent and progressive journalists, perhaps even more than among the big corporate media. In America you never know whether you might find yourself arrested or sued on some trumped-up charge or accusation, if you dare to criticise the US legal system.
US journalists have been shot dead in the street, after daring to write a critical article about the judges. Just "coincidence", perhaps.Exposing a dishonest judge in America, can put you on a "black list" where no lawyer will protect you, even if you have lots of money to spend.
Experience shows, over and over again, that people in the US who try to fight judicial corruption simply cannot find lawyers for themselves, even if they have money - and even though many US lawyers are desperately unemployed and eager for money!It is still (somewhat) accepted in the US, that journalists can criticize the President and the administrative branches of government, or complain about legislators.
It is part of the function of politicians, like the President, to "take some political heat" up front, while the corporations run things behind the scenes.
However, it has become extremely taboo to say much about dishonest judges, even in the face of ice cold proof that judges are committing crimes.
You have proof of crimes by judges? Almost no journalist in the United States wants to talk with you. - That is the true reality of American life.Even though the news media in the USA are not owned by the government, they are not "independent" - far from it. The power of the judges extends to both direct and indirect control of media criticism.
Beyond the fear, there is also a feeling among USA media and lawyers and the government, that drastic and terrible calamities would occur if judicial corruption were really investigated and exposed.
As one US lawyer said, "If the American people found out how crooked the judges really are, the whole house of cards will start to crumble."People feel that faith in the courts - the Hollywood movie version of American "justice" - is what is holding the USA together.

The fear is this: If the American people start thinking that the courts are rigged, and that huge amounts of people in jail are innocent, then social chaos will be on the horizon, and America will unravel in a mass political revolution.So the US media, corrupted by corporate ownership, or afraid itself of revenge, pretends it is doing a kind of civic duty, to limit coverage of judicial corruption, to those few cases where the government itself has already decided to prosecute some wayward judge or lawyer.
Even in cases where US judges engage in absolutely blatant, open and publicly perverted misbehaviour - like the US judge who used a penis-pump on himself in his courtroom (quite true story) - the misbehaviour and crimes usually go on openly for several years, until the rogue judge finally offends some rich or politically powerful person, and the system finally slowsly takes action.America's FBI and Department of Justice collect files on judicial corruption like they collect files on everything else, but they hold back from acting, even in cases where they have clear enough evidence to bring an indictment in minutes.
The law enforcement agencies in America blow with the political winds, and in the absence of media attention, they will cover up for judges, whose help they require when they need to win convictions on flimsy evidence.
The judges who take bribes are gladly eager to help law enforcement railroad and convict innocent people. The mutual back-scratching of cops and judges is routine.
In the meantime, the anguish of millions of Americans is increasing: The 2.2 million prisoners and their families and loved ones; all those whose rights have been diminished, or their fortunes ruined; the increasing number of people forced to flee the USA to live in freedom and peace; all those living in fear in America, worried that they might be the next victim of the unfair American legal system.
The frustration of many people with American courts is building, a huge but hidden story in American life.Secrecy, gag orders, and the court files you will never seeAmerica is increasingly a closed society, with much of its legal activity carried on in secret.
And I'm not only talking about the secret detention of so many hundreds of detainees at overseas locations.
Even in America's domestic legal system, much of the important legal activity is secret and hidden.The illusion is that America is an "open" society, because there are 24 hour a day "news" channels on television, and because there are dozens of reporters and cameras outside the courthouses that are holding public-circus trials of a Martha Stewart or Michael Jackson or Paris Hilton.
But the gritty day-to-day reality of life in American courts, is that much of what really goes on, is secret, hidden, un-published, under gag order or a judge's ban on freedom of speech, or simply un-reported by the news media, even though the media knows it has something important which the American people would love to hear.
Much more than people realize, news of American court proceedings is blocked by gag orders, embargoed documents, and outright blatant and illegal bans on freedom of speech.
Though there are always some supposed higher purposes in these gag orders, a basic function of such gag orders is to hide the whole dirty process of how judges and lawyers do their work.
As judges and lawyers run the show, they are eager to use their powers to make sure that a lot of what they do is known only to themselves.
The biggest category of judicial secrecy, is the nationwide American curtain that hides complaints of misconduct about judges and lawyers.
Across the US, tens of thousands of complaints have been filed about misconduct by lawyers and judges. You can find many of them on the internet.
While some of these complaints are frivolous, and many of them are certainly emotional, a lot of these complaints are well-documented or have conclusive proof attached. But nearly all of these tens of thousands of complaints are non-published and secret, and almost nothing is done to act on these complaints, regardless of how valid or how well proven.America's secret files of judicial and lawyer misconduct, are a gold mine of information on the real dirty workings of the American legal system.
But alas, complaints about judges and lawyers are filed with - you guessed it - other judges and lawyers. These complaints are read and passed around very eagerly, as I have found by calling up judges' secretaries.
I have tracked complaints all the way up to the Supreme Court building and the Supreme Court "judicial ethics" panel that was appointed in 2004 by USA Chief Justice Rehnquist.The judges read the complaints about their fellow judges, they likely laugh and joke with each other about the people they have harmed, and perhaps quietly advise each other to behave less openly like lunatics in the future. But what the judges almost never do, is respond in any way to the complaint.
They don't answer, and they don't remedy the situation. They merely make some mental notes in case there is some publicity down the road.If there's no publicity, the judges feel they are home free.
The same goes with complaints about American lawyers to the local Bar which "regulates" lawyers, which typically just covers up for lawyer misconduct. Unless a judge is already mad at the lawyer, the local Bar will usually whitewash your complaints about a lawyer, even if you have written proof of a lawyer committing a felony crime.
People are surprised to learn that American judges often don't respond to some legal filings and complaints, and sometimes even to formal appeals. If you have expensive lawyers, and have political connections they will indeed probably answer. But otherwise, silence is common.
Poor people in America have been strapped to a table and put to death, while an appeal languished unanswered by the judges.
Fearful lawyers and fake trialsA few celebrity trials do, indeed, dominate the American news, with all sorts of tiny details gaining the headlines, like Michael Jackson said to be coming to court in his pyjamas. But hidden beyond the "detailed analysis" of the celebrity circus trials, are highly significant and heartbreaking stories of real trials, whose details you never learn.
You don't find out how someone's human rights were taken away, or how someone was railroaded on false charges, while media focuses on the latest "scoop" of some public circus legal proceeding.Americans who have not endured a court battle, have an entirely misleading sense of the legal system from two sources: (a) the celebrity circus trials and (b) fictional television shows and Hollywood movies. Yet the reality for most Americans in court, especially the poor and minorities, is something sadly different, far more sleazy and awful and sinister.
A key factor in life in America now, is the widespread moral collapse of the American legal profession.
America has about a million law school graduates, the most enormous gang of lawyers in the world. And 'gang ' is the right word.Though a core group of lawyers are wealthy, from the fees supplied by big corporations or from a few big lawsuits; many other lawyers are unemployed, desperate for work. American lawyers, as a whole, are in fear of rocking the boat or challenging the political system, lest they be cast out and put among the unemployed.US lawyers who challenge the government or try to expose corruption, will face losing their jobs, and may get cited on trumped up charges that can lead to the loss of their ability to practice law, financial destruction, or even criminal indictments.
The net result is that there are only a small handful of American lawyers now, who are willing to (very slightly) politically challenge the American government. But if you ask about lawyers who are willing to challenge corruption by other lawyers and judges, that handful of lawyers dwindles to almost complete zero.
Even unemployed and broke lawyers are afraid to confront judicial corruption for a paying client. The lawyers will privately explain it is "career suicide", and just too plain "dangerous", to try to confront dishonest judges and other lawyers.
The US human rights and civil liberties groups stay away from this area, too. - They don't want to lose their corporate funding, or suffer financial destruction at the hands of America's criminally vengeful judges in some bogus "lawsuit".The betrayal of clients by lawyers in the USA, is terrifyingly common.
An example is the army of "public defenders" that "represent" poor people as they get convicted and sent to prison. Some of these public defenders are brave and good people, at heart.But many of them are lazy and incompetent, like the lawyers known to be falling asleep and snoozing in court while their assigned clients are convicted of murder and sentenced to death.
These "public defender" lawyers are often paid out of government money. If they do not help the government. Even worse, however, are the all-too-common public defenders who actually help the government to stage fake trials against their own clients. these lawyers can be dropped from the register, lose their income, and be replaced by other lawyers more willing to be submissive.
Though such lawyers may pretend to be "helping" their clients, they often take another role, terrifying and intimidating their clients into accepting unfair plea bargains and prison terms, even when the clients are innocent.
Sometimes the "public defenders" really deserve to be imprisoned themselves. I am currently working on helping an innocent French citizen, Leonel Cazaco, who was sentenced to life in prison for a murder, even though someone else confessed to the crime.
At his trial, Mr Cazaco's "public defenders" knew that someone else had already confessed to the murder, but they hid these facts from the court record and from Mr Cazaco himself, to help the government win the conviction.
The French government has become active for Mr Cazaco, and his release is hoped for in the future.But US lawyers are often eager to betray and steal from clients, even when the clients are paying them. Lawyers will sell out and manipulate their clients, to benefit either the government, or the wealthier party that is paying them bribes.
This is something lawyers call "playing The Game".Actually, even very rich political people get robbed by their own lawyers, the lawyers pushing the wealthy people into needless legal cases, just so the lawyers can "milk" them for money. As long as some of the stolen money makes its way into the hands of the judges, even the rich victims usually cannot get redress against the lawyers who have robbed and defrauded them.
Some of America's rogue judges, intoxicated with their sense of unlimited and unrestrained power, get quite cocky about committing felony crimes in broad daylight, leaving a trail of written evidence and even posting it on the internet. It is remarkable what offences they can commit and still remain in office, unchallenged by either news media or law enforcement.
The fake US federal legal proceeding, that forced me to become a political refugee in Europe back in 2004, is one such set of open felony crimes. It is a well-known story now, with a US federal judge instantly banning my freedom of speech and then threatening to jail and murder me, while conducting a fake legal proceeding with the judge's friends posing both as my lawyers, and also as lawyers for a non-existent "first amendment civil rights charity foundation".The judge and his friends issued fake "court orders" claiming I "agreed" to the banning of my own freedom of speech for the rest of my life, "agreed" to the destruction of my media and publishing company, "agreed" to work for the rest of my life paying several hundred thousand dollars to the friends of the federal judge with the fake "Foundation", and "agreed" never to appeal all these illegal orders or the fraud of the fake "legal proceeding".- You can find more details at the website about me, and the central legal presentation in my 125-count 3 April 2004 US Appeals Court filing exposing the crimes of the US federal judges. - Needless to say, the US judges never answered my court filing - My court filing was too crisp and precise, too well-supported by proof documents, about the crimes the US federal judges had committed, so the US judges don't dare to reply.
Before the US government gangsters moved in to jail and murder me, and I was forced to escape to Europe to save my life, I did everything I could to find a US lawyer to help me. Specifically so I could find a lawyer, in my final months in the US, I got myself hired into a $150,000 per year job, just so I could afford good lawyers.I had thought, with so much written proof in my hands of judicial corruption, I would be able to find some brave lawyer to expose all these blatant crimes.
I thought I would win back my freedom and strike a blow for justice, just like in some Hollywood movie.I contacted thousands of lawyers, but no lawyer was willing to help me, even though I could pay them well. The lawyers agreed that I had total proof of judicial corruption and felony crime, and they lusted after my money.But, as the US lawyers explained to me, there is no way to "fight a crooked judge that's backed by the Bush government".
The lawyers were too frightened for their own safety, to risk trying to defend me against a malicious federal judge and his friends. Meanwhile, the judge's friends began to close in on me, demanding extortion money and ready to carry out their threats to jail and murder me.
Thankfully, I escaped from America, the fake and phoney "land of freedom", and that's why you can read these words right now, written in my safe haven in Europe. And then, in 2007, more than three years after I took refuge in Europe, the US judges conducted a new fake "legal proceeding" just for the purpose of creating false media to slander me, and to try and ban my popular writings on US legal corruption, like this article you are reading now, banned by US judges who have served legal papers on Google.
One of the most moving documents I collected in the USA, was a heartfelt note from a gravely ill former Virginia judge, in danger of dying. She wrote to me to confess that Virginia judges, both state and federal, were utterly sunk in crime and bribery, and she correctly predicted that no lawyer would have the courage to help me, despite my proof of judicial corruption.
She herself was scared to help me, thinking that the stress would kill her if she got up from her sickbed to try and fight for me.With these recent deplorable acts of murderous violence against judges and their families, I can see that the instinct of American judges will be to deepen the cover up of judicial misconduct, as if quashing the news and truth about themselves will make them safer. Hence the new 2007 US fake trial to try and ban my freedom of speech all over again, more than three years after I took refuge in Europe.A better course would be to move toward a more transparent judicial process, with complaints out in the public and posted on the internet, and with the public impeachment and prosecution of the more notorious rogue judges. Americans today need some hope that there is justice at the end of the struggle, and not just a stone wall of corruption and despair.But that is not happening, as the corporate forces of the US regime unite to attack any significant movement at judicial reform, and most especially the laudably-named JAIL 4 Judges. - The United States needs a return to real democracy and the values of the Bill of Rights, but it seems that in the face of judicial corruption, it is only a major revolution that can end these crimes of horror in which Americans now find themselves.

Monday, August 10, 2009

Lawyers suggest changes in Virginia’s judicial-selection process

Lawyers suggest changes in Virginia’s judicial-selection process
Published: June 7, 2009
Several area lawyers agree that Virginia's method for selecting judges is preferable to a general election, but they suggest there still is room for improvement.
Judges in Virginia are elected by state lawmakers. But that process should be reviewed, said Louisa County Deputy Commonwealth's Attorney Rusty McGuire, because a candidate's political loyalty sometimes is given greater weight than his or her experience.
McGuire, who is seeking the Republican nomination in the 55th House of Delegates District, said he has seen judges selected who did not have a background in the type of law they were to preside over.
Richmond criminal-defense attorney Steven Benjamin said judicial selection should be as far removed from politics as possible, and that the process would benefit from greater transparency. He said it might be better to entrust selection to an independent commission.
David P. Baugh, a defense lawyer with the Virginia Indigent Defense Commission, suggested it might be best if judges were appointed for life terms, putting them beyond the politics of the re-election process.
"We shouldn't have the legislature second-guessing the discretion of the judiciary," Baugh said. "If they disagree with a judge's logic, then they should become a judge."
McGuire, Benjamin and Baugh agreed that a general election would be an inferior system. It would allow the public to vote a judge off the bench for making a decision that is unpopular but nonetheless the right one, McGuire said.
In Virginia, the Judicial Inquiry and Review Commission reviews reports of judicial misconduct, but these investigations are conducted in secret.
McGuire said that is a good thing: The public airing of a frivolous complaint against a judge could prompt the public to unfairly question every other ruling the judge makes.
Benjamin disagreed. "The best antidote to a frivolous complaint is the truth and a public airing," he said, adding: "We do a very bad job of notifying the public about complaints."
Baugh said he has filed complaints about judges to the review commission but received no response, which made him wonder whether members of the commission are "just going through the motions."
"When I get no response, I don't know if they even made any inquiry," Baugh said. "It gives me a sense of futility."


MORE:• Openness, input urged in choosing judgesLawyers suggest changes in judicial-selection processHow states pick judgesVIRGINIA'S COURT SYSTEMIt includes several levels of courts. The geographic scope of judicial districts varies depending on population. Supreme Court : seven justices who serve 12-year terms Court of Appeals : 11 judges who serve eight-year terms Circuit courts in 31 circuits: 157 judges who serve eight-year terms General district courts in 32 districts Juvenile and domestic relations courts in 32 districts DEMOGRAPHICSThere are 414 active judges in Virginia. Here is the breakdown by race and gender.White: 367 Black: 47 Men: 325 Women: 89 SOURCE: Supreme Court of VirginiaINFORMATION ON JUDGES• Find out when a judge is up for re-electionTrack cases and conviction ratesIf you want to lodge a complaint against a judge, contact the Judicial Inquiry and Review Commission. "Don't Bother... They totally ignore your Complaint" - The mailing address is P.O. Box 367, Richmond, Va. 23218-0367. • For further information, call (804) 786-6636. All complaints must be in writing, addressed to the commission and signed by the complainant. The writer should include the name of the judge, a detailed description of the judge's alleged misconduct or disability, the names of any witnesses and the writer's address and telephone number. The commission does not accept fax or e-mail complaints.

Wednesday, August 5, 2009

Discharge Bias Judges in State of Virginia

Posted on Now Public.com


Virginia Family Courts corruptions
Fairfax, Arlington, Loudoun……..

Devorced From Justice
Endangering children, punishing women.The situation of family courts endangering children and punishing women must be exposed in the media. State and national policymakers in all three branches of government and other allies must be advised of the problem of family courts placing children in the unsupervised custody of abusive parents, and be told that this is happening with alarming frequency. -Dr. Hannah

Reveal your Corrupted Judges, Join us and confront your Judge at Judicial Interviews of 2009 this fall.


DEAR AGGRIEVED MOTHERS 8888 Join the campaign, this fall and every fall, for the leverage you need to force the respect you don’t get and the fair rulings you are due. -VW-

Virginian Mothers abused by corrupted Judges, Last December in Judicial Interviews……. Fairfax County, Northern Virginia Judge Gaylord L. Finch Jr.was confronted by local Moms Casted out.

Unfortunately, there are other unmerited Judges in State of Virginia, who are endangering our Children’s lives & we are strongly believe, they should be removed from the bench immediately.

David B. Albo

Virginia House of Delegates
FIRING JUDGES IS HIS JOB ... >>“I would believe anything I read in a blog,” Del. Albo answered Ms. A.R. who wrote, “Dear Dave…I am DEEPLY disturbed by the blog I am reading about unlawful treatment of good mothers.
Dear Mr. Albo,
I am writing you because I understand your role in the Virginia judicial selection process and the responsibility that is yours for protecting the rights of citizen-consumers of legal services by appointing good people to the bench.
Virginia Judges have had.......
Dear Mr. Albo;
I have a question please;
What happens when a Judge violates “VA Canons of Judicial Conduct”?
Based On Canon 3 – D - 1
Disciplinary Responsibilities.
1. A judge who receives reliable information indicating a substantial likelihood that another judge has committed a violation of these Canons should take appropriate action. A judge having knowledge that another judge has committed a violation of these Canons that raises a substantial question as to the other judge's fitness for office should inform the Judicial Inquiry an d Review Commission.

Mr.David B. Albo
Virginia House of Delegates
Virginian Mothers battered by corrupted Judicial System in State of Virginia are demanding Immediate investigation against Bias & corrupted Judges, G.A.L s & custody evaluators listed below:

Corrupted Guardian Ad-Litems like:
Deborah S Olin
Paul Dryer

Dangerous Child custody Evaluators like:
William B. Zuckerman

Contact us & Share the story of your painful experience with Virginia’s Corrupted judicial system.

Here are your resources:

The Pitchfork Rebellion

Misconduct in Virginia Family Courts
http://misconductinvirginiafamilycourts.blogspot.com/

Judicial Corruption

Comments for this post in "Now Public.com"
hayward (not verified)
at 07:59 on August 6th, 2009

Great post! I can't wait to see you all in Richmond. Also to the people having the unfortunate experience of ending up in the Stafford County J&DR beware of Judge Gerald F. Daltan, Judge Martin Bass, Judge Gordon Wills and attorney/sub judge Tandy Rinehart Liebowitz and GAL Shana Gertner. Although I have no experience in dealing with "Judicial Solutions", a mediation establishment, they have hired on retired
judge Ann Hunter Simpson. Her only judicial solution is to remove mothers from the lives of their children as she did to my daughter during my divorce. She was actually named in the property settlement agreement like she was a piece of the property going to my ex husband.
Tags:

Suing Dr. William Bill Zuckerman - Fairfax, VA

Defective and Dangerous Doctor
William B. Zuckerman, the child custody evaluator, is unsafe for women and children in post separation custody litigation when family abuse is a factor. This PhD has a history of identifying with and aligning with fathers who are abusive, violent, and dangerously controlling men, narcissists, and sociopaths. Furthermore, his testimony can be bought. Zuckerman is not a good person. He is without conscience. And he appears to suffer from Tic Disorder and Obsessive-Compulsive tendencies. More information is found at the Mommy Go Bye-Bye blog...
Suing Dr. William Bill Zuckerman - Fairfax, VA for withholding Psycological Test Data - Call: 703-748-0072
I was never able to collect all of my psychological test data from Dr. William Zuckerman. I began trying nearly nine years ago. He refused then to release my psychological test data by stating that he could not provide me with the data because he was ethically precluded from doing so. Did you have a similar experience with this particular psychologist? I would like to speak with other mothers in the same boat. Please call me, VW at 703.748.0072, if you were unable to see or copy your psychological test data because Dr. William Zuckerman withheld from you those records.
Tags:

Thursday, July 30, 2009

Real Pitchforks in Richmond



UPDATE: Real pitchforks in Richmond

Washington Examiner:
02/10/09 4:18 PM EST
The letter below was delivered to members of the Virginia General Assembly by an ad hoc group that calls itself The Pitchfork Rebellion - which is opposed to the reappointment of two Circuit Court judges. The group stormed down to Richmond today with real pitchforks.
To Whom It May Concern:This letter is to convey our serious concerns about the process by which judges are selected in the Commonwealth of Virginia and the condition of our judiciary.We are a group of citizens from across the Commonwealth of Virginia. We have come together to oppose the re-appointment of Judge Finch to the Fairfax County Circuit Court and Judge Hauler to the Chesterfield Country Circuit Court.As dutiful citizens, we have attempted to follow this process as closely as possible as well as actively and meaningfully participate in the process. However, we have been, for the most part, shut out of the process and deliberately silenced. We decry Judge Hauler’s attempt to quell public opposition to his re-appointment by means of a $5.35M lawsuit against his former clerk and his recent written threat to sue his neighbor Brenda Stewart, who has also spoken out publically against him. We are gravely concerned that Judge Finch apparently lied to the Courts of Justice Committee during his second judicial interview on January 10, 2009 when asked about the landmark school re-districting case Pascale et al vs. Fairfax County School Board.When questioned about this important case by Senator Cuccinelli, Judge Finch said he was unprepared to hear the case at trial. However, Judge Finch told the legislators the reason was that he had been assigned to the case only ten minutes before trial as an excuse. However, the official record of action in this case clearly shows Judge Finch was assigned the case three full weeks before trial and had ample opportunity to review the case before trial.We’ve enclosed an audio CD of Judge Finch’s second judicial interview in which you will hear judge Finch make that assertion as well as the official record of action. We applaud Senator Martin, Senator Cuccinelli and Senator Marsden for taking the citizen complaints against these judges seriously and acting responsibly.We denounce Delegate Vivian Watts, who chaired the second judicial interview of Judge Finch, for refusing to allow a private citizen to read the one page statement of an indigent man named Wesley Smith, who alleged that Judge Finch violated his Constitutional rights and deprived him of all the elements of a fair trial. When the private citizen persisted and again asked to speak, Delegate Watts only allowed her 30 seconds to read the statement, interrupted her several times and did not let her finish.We are very disappointed the local Chesterfield delegation completely ignored Judge Hauler’s serious problems on and off the bench and decided in favor of politics as usual and endorsed Judge Hauler. This is an abject dereliction of duty and a serious breach of the public trust. We hope that when additional information about Judge Hauler’s record becomes available this week, that the Chesterfield delegation will re-examine their position and vote responsibly in the full committee vote.We believe a strong and independent judiciary is indispensible to the rule of law. We are governed by the principle that all should be treated fairly in the courtroom. We adhere to the great philosopher Plato’s dictum that justice is giving every man his due. The absence of justice is the unenlightened darkness of a cave. We are contacting you today to petition that you not re-reappoint Judge Finch and Judge Hauler to judicial office.
While the Pitchfork Rebellion of 1685 was unsuccessful, we are better organized and have a very powerful weapon: the truth. Ours is a peaceful struggle to ensure that our jurists obey the laws of the Commonwealth, uphold and defend the Constitution and firmly adhere to the Rules of the Virginia Supreme Court. And if our judges fail to do so, our elected officials ought to hold them accountable.The pitchfork in the famous 1930 American painting “American Gothic” represents hard work. We represent hardworking ordinary Virginians from across the state who rely on our judiciary and who, frankly, deserve better than Judge Finch and Judge Hauler. The pitchfork itself is often used to remove manure from the barns, turn over the soil and uproot weeds from the earth. Today, we call upon you, our elected officials, to clean up the judiciary and weed out bad judges: exercise your legislative mandate by pitching Judge Finch and Judge Hauler.

Reader Comments
All comments on this page are subject to our Terms of Use and do not necessarily reflect the views of the Examiner or its staff. Comment box is limited to 250 words.
Feb 10, 2009
This process in Virginia is so inherently flawed. We let the local legislators pretty much decide on each judge. Yet for the most part the local legislators are attorneys who practice before this particular judge and have a conflict of interests. In almost all cases, the local delegates vote in favor of a judge because they are afraid of the fallout to their legal careers if they oppose a judge.

Feb 11, 2009
Keep up the good work, Pitchfork Rebellion. Judges James Almand and Esther Wiggins-Lyles in Arlington, VA have arguaably participated in a lot of dubious decisions, some people would even call their behavior on the bench arrogant and skirting the letter and intent of the law itself. May all the citizens of Virginia be vigilant and bring bad Judges to account for their poor performance. Don't be bashful about demanding they be jettisoned from their benches. Expose their misdeeds. Make them accountable.

Feb 11, 2009
Hurray for the Pitchfork Rebellion! The judiciary system in Northern Virginia is corrupt to the core. Judges make rulings according to who has the most money, not who has the strongest case. Their decisions from the bench can have devestating ruselts, especially where they involve the custody of children.

Feb 12, 2009
Thank you CWES for pointing out Judge Almand and Judge Wiggins-Lyles. We are aware of a pattern of very bad decisions with both of them. Judge Joe Ellis and Judge Avelina Jacob also need to be pitched off the bench. This is only the beginning...

Feb 12, 2009
Thank you, Pitchfork Rebellion. I would be happy to go to Richmond with you, especailly when Wiggins-Lyle and Almand are up for reappointment.

Feb 15, 2009
The sad part is Finch and Hauler are not the exception. There are bad judges all over the commonwealth, but instead of trying to fix the problem, Chief Justice Hassell blocked the General Assembly from seeing their performance evaluations. What is he hiding? VA is one of only 2 states that appoints judges by the legislature. Because judges aren’t elected, they’re not accountable to the citizens. Complaints against judges—just like Finch--have been ignored for years. VA citizens have no voice except http://vacriminaljustice.webs.com/.

Mar 2, 2009
How do I find this group? James City County needs help

Mar 2, 2009
How can I join this group? The state motto is "Virginia is for lovers" not "Virginia is for liars, cheats and corrupt officials" Can you post contact information for them? Last month 200, this month 2,000 next month 2,000,000.

Mar 2, 2009
How do I make contact with this group? I have a judge to add to the list of problem judges. Does the Pitchfork Rebellion have a website?

Mar 20, 2009
god bless you all. i live in southwest va,and judicial and police corruption is rampent here.i live in smyth county and in the last two years weve had two police cheifs arrested, one for selling meth, pills and stolen guns. the other was arrested along with two of his deputies for the gang rape of a underage girl.the last two county deputies to hold the possition of head of the smyth county drug task force were caught stealing drugs from the county court house evidence storeroom.they were demoted to school resource officers, where they became assistant football coaches. as coaches they introduced their players to intravenious steriods.last year these two resigned from the force over drug allegations,but never charged. tey were the third and fourth resource officers to be fired in one year over drugs at the same school.one is serving time right now becuase the state police arrested him.another police cheif in the

E. Pawlak
Jul 24, 2009
Please read carefully this: "Final order. In a letter dated June 18, 2009, [XYZ], the Defendant, moved the Court, to quash and dismiss summons. The Court, AFTER FULL CONSIDERATION OF THE MATTER, DENIED the motion, WITHOUT ORAL HEARING....Entered on June 29, 2009. Judge David S.Schell [signed in ink]". Below in long hand: "WITHDRAWN as pleading filed is NOT a motion BUT ARE EXCEPTIONS to various PLEADING OF THE COURT. No action required. [signed in ink David S.Schell" My question: Did he "give full consideration of the matter" that did NOT exist? Obviously YES! Also,"exceptions to ...pleadings of the court"? The court issue orders NOT pleadings! Arrogance, corruption and incompetence at their best! Schell is a Fairfax County Circuit Court judge...

Read more at the Washington Examiner: http://www.washingtonexaminer.com/opinion/blogs/SharpSticks/UPDATE-Real-pitchforks-in-Richmond-39387947.html#ixzz0cbvqJAAe

Tuesday, July 28, 2009

Separation of Powers and the Rise of the Judiciary

Separation of Powers and the Rise of the Judiciary
By Elizabeth Haring • Jul 28th, 2009 • Category: Law and Justice

Only one Federal judge has been impeached in the last twenty years.Although Virginia’s Judicial Inquiry and Review Commission receives over 1,400 complaints about judges annually, The Virginia Supreme Court has only removed two judges since 1971.
While the Virginia Constitution grants the legislature the power to impeach a judge, it has never been done.

The first hundred years of colonial American government gave rise to a dominant legislative branch. Legislatures evolved to the point where they routinely interfered in judicial matters. For example, colonial legislatures would issue edicts requiring the courts to re-hear cases that had been adjudicated, overturn creditor’s judgments, stay executions and reverse settled decisions. Historian Gordon Wood described the assemblies of the 18th century as, “a kind of medieval court making private judgments as well as public law.”
Legislative dominance troubled the founding fathers, particularly James Madison who described the legislature in The Federalist 48 as a department which is, “everywhere extending the sphere of its activity and drawing all power into its impetuous vortex.” Virginia’s Constitution demarcated the separation of powers, but in reality the legislature often usurped judicial power. Thomas Jefferson complained that the Virginia legislature had, “in many instances, decided rights which should have been left to judiciary controversy…”
The founding fathers’ concerns translated into many of the Constitution’s enumerations and limitations on power. The doctrine of separation of powers is summed up in the Federalist 47, “the preservation of liberty requires that the three great departments of power should be separate and distinct.”
Not long after the Constitution was ratified, Congress encroached on the judiciary’s power. In 1791, Congress passed a law providing that disabled Revolutionary War veterans apply to Federal Circuit Courts for pension determinations. However, this law granted the Secretary of War the power to deny pensions that had been approved by the courts. The US Supreme Court unanimously declined to review the pension applications, reasoning that for the courts to render judgments subject to review by Congress violated the separation of powers. This marked the first time the high court struck down an act of Congress. The Hayburn decision, the underlying case, is considered by the modern Supreme Court to reflect a proper understanding of the role of the Judiciary under the Constitution.
Over time, the judiciary has evolved to become very powerful. One indication of the immense power of the modern judiciary is the tenure of judges. Only one Federal judge has been impeached in the last twenty years.
Although Virginia’s Judicial Inquiry and Review Commission receives over 1,400 complaints about judges annually, The Virginia Supreme Court has only removed two judges since 1971.
While the Virginia Constitution grants the legislature the power to impeach a judge, it has never been done.
During the 2009 legislative session, Del. Carrico introduced a bill providing that if a sitting district court judge is convicted of a felony or class 1 misdemeanor during his term of office and all rights of appeal have been exhausted, his term will expire 30 days after the commencement of the next General Assembly regular session. Del. Carrico’s bill was defeated.
Last year, Virginia Supreme Court chief justice Leroy Hassell, Sr. issued two court orders to the Chairman of the Courts of Justice Committees commanding them to restrict access to the Judicial Performance Evaluations. Members of the legislature questioned whether the chief justice had any authority over them. A power struggle ensued between the two branches of government, causing some judicial candidacies to remain in abeyance for weeks. Representatives of the Virginia Supreme Court and the General Assembly got together and ultimately agreed to the chief justice’ demand to keep judicial performance evaluations confidential.
Del. Janis and Sen. Cuccinelli introduced companion bills limiting the Chief Justice of the Virginia Supreme Court to two consecutive terms. Their attempt to check the power of Virginia’s chief jurist also failed. Another noteworthy piece of legislation this session was Del. Loupassi’s bill HB1804 requiring the General Assembly to approve retired judges for temporary recall by the Chief Justice of the Virginia Supreme Court. HB1804 was also defeated.
Two bills were introduced that would transfer authority over the judicial performance evaluation program to the legislature and require the Survey, Evaluation and Research Lab to provide the evaluations directly to the legislature. Both failed. Unable to gain control over the Judicial Performance Evaluation program through legislative means, the Virginia General Assembly essentially killed the program by cutting its funding.
Resolution of the dispute between the judicial and legislative branches over authority of the Judicial Performance Evaluation program has important public policy considerations and the conflict surrounding it underscores the need for separation of powers. Not only is involving two branches of government in the Judicial Performance Evaluation program impractical, the great political philosopher Montesquieu warned that when the judicial and legislative powers are joined, the life and liberty of citizens is exposed to arbitrary control because judges become the legislators.
The recent struggles between Virginia’s judicial and legislative branches, the many failed legislative attempts to check the judiciary’s power, and the seeming impossibility of removing judges is indicative of how powerful Virginia’s judiciary has become over the past two hundred years.
It’s a far cry from the days of old when Virginia’s legislature interfered in judicial matters and was the dominant branch of government. The Virginia General Assembly’s recent moves indicate the legislature now recognizes how power has shifted toward the judicial branch and how critical it is to the proper functioning of government to have a balance of powers not only in theory but in practice.

Monday, July 27, 2009

Virginia Judges to be impeached by the House of Delegates

Constitution of Virginia
ARTICLE I
Bill of Rights


A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government.

Section 17. Impeachment.The Governor, Lieutenant Governor, Attorney General, judges, members of the State Corporation Commission, and all officers appointed by the Governor or elected by the General Assembly, offending against the Commonwealth by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor may be impeached by the House of Delegates and prosecuted before the Senate, which shall have the sole power to try impeachments.
When sitting for that purpose, the senators shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the Commonwealth; but the person convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments.

Friday, July 24, 2009

How Corrupted Virginia Judicial system picks judges



Richmond times - Dispatch


Virginia is one of only two states in which the legislature elects judges. Legislators say the system works well, despite the potential for political favoritism.
But there is a groundswell of discontent among Virginia residents who find the system mysterious and impenetrable. They have appealed to legislators, but they're now broadening their crusade for a wholesale evaluation of the judicial-selection process.
"I'm inflamed by what I've seen, over what's happened the last six months," said Bruce Bennett, a Fairfax County resident who traveled to Richmond to oppose a Fairfax County judge's re-election.


The residents -- who call themselves the "Pitchfork Rebellion" -- started as litigants who were displeased with the way a judge handled their case. But as they tried to work their complaints through the proper channels, they grew increasingly frustrated by what they perceive as a closed, often secretive system.
Recently, others have raised questions about the process -- people who have watched it closely for years, including the former delegate who is now the Republican nominee for governor.


University of Richmond law professor Carl Tobias wrote in the University of Richmond Law Review last December that the legislative infighting has become so severe that the General Assembly might consider another method of electing judges.
Full story is here

How Virginia picks judges
Input:
The legislature's House and Senate Courts of Justice committees interview candidates in public meetings and make recommendations to the full House and Senate.
Election: If the committees agree, the names go to the full assembly of 40 senators and 100 delegates for a vote.


Impasse: If the full assembly cannot agree on a candidate, a judgeship can go unfilled and the governor may appoint a judge.
Re-election: Lawmakers on the courts committees take into consideration evaluation forms filled out by lawyers who practice before the judges.

How states pick judgesThe 50 states use a variety of methods. • Commission-based appointments • Partisan elections • Nonpartisan elections • A combination of commission-based appointments and partisan or nonpartisan elections • Gubernatorial appointments • Legislative appointments or elections SOURCE: American Judicature Society

NINETEENTH CIRCUIT
Location: Fairfax Circuit Court

4110 Chain Bridge Road
Fairfax, Virginia 22030
Tel. (703) 246-4111


Judges: Jan Lois Brodie.........................................................term expires2/13/09
David S. Schell .......................................................................term expires 2/13/09
Gaylord L. Finch, Jr...............................................................term expires 6/30/09
Jane Marum Roush ............................................................... term expires 6/30/09
Randy I. Bellows ....................................................................term expires 1/31/11
*Dennis J. Smith.....................................................................term expires 5/31/11
David T. Stitt ..........................................................................term expires 6/30/11
Michael P. McWeeny ............................................................. term expires 2/29/12
REPORT OF THE SECRETARY OF THE COMMONWEALTH
Leslie M. Alden ......................................................................term expires 7/31/12
Jonathan C. Thacher .............................................................term expires 4/30/14
Charles J. Maxfield.................................................................term expires 1/31/15
R. Terrence Ney......................................................................term expires 1/31/15
Marcus D. Williams................................................................term expires 1/31/15
Robert J. Smith ......................................................................term expires 1/31/16
Bruce D. White .......................................................................term expires 1/15/16