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A CIVIL JURY TRIAL--NOT

A CIVIL JURY TRIAL?  --  NOT!

 

So, you think you are entitled to a jury in civil disputes?

 

Newbie Washington County Judge Andrew Erwin thought he would do it himself.  Any trial attorney will tell you they can see it in the judge’s eye; that cold glance, that averted eye.  The judge doesn’t like you!!  What can you do?  Nothing.  There is no recourse.  If a judge wants to take away your right to a jury trial of your peers,  there is not one thing you can do about it.

 


Our judges do this even though the right to a jury trial is right there in the constitution.  Section 17 of Article 1 of the Oregon Constitution says: Jury trial in civil cases.  In all civil cases the right of Trial by Jury shall remain inviolate.”

 

When is the last time you have seen a jury decide a divorce?  That is a civil matter.  How about a civil commitment to a mental hospital?  A will contest?  A condemnation of your home?  The list is legion of where your right to a jury trial has been taken away. 

 

Judges do it all the time. It is what noble, nubile, nubilous Judge Erwin did to me yesterday.  Sixty three percent of all civil trials never even get to a jury even where there is a right to a jury.  How do judges do it?  Through the devises of a Directed Verdict or a Summary judgment.  It was a Directed Verdict that did it to me yesterday.  Here is how it happened.

 

Judges in Washington County (and throughout the State) don’t like me because I am challenging Oregon’s legal power structure.   I am recommending a formal statewide system of judicial evaluations.  Judges don't like cameras in the courtroom because they don't like accountability.  Yet, our whole system of justice is based on a public system open to everyone.  The Oregon Constitution provides:

     "No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man (sic) shall have remedy by due course of law for injury done him in his person, property, or reputation."  Article 1, Section 10

 

When I walked into the courtroom Tuesday, I knew I was going to get fried.  I was entitled to a jury trial and honest Judge Andrew Erwin knew from the beginning he wasn’t going to let the jury decide my case.  He wanted to do it, and decide it he did. He threw the jury out through a Directed Verdict even though the jury had to sit through two days of the sordid affair; all the way to the end.  Judge Erwin just unilaterally snatched the decision making away from a jury of my peers. There is nothing I can do about it.  The Commission on Judicial Fitness and Disability does not care.  They don’t even care if a judge lies.  The Court of Appeals doesn’t care because they are “brothers” in arms.  The Oregon State Bar does not care.  Nobody cares.  Yet the Oregon Code of Judicial Conduct states that "A judge shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation."  JR 1-101(D)  Moreover, the Code requires a judge to disqualify him or herself if they cannot be fair or if they are biased.  JR 2-106(A)

 

When I walked into the courtroom I could see it in his face and it was not long before he gave it to me with both barrels.  Even before we were out of the chute he openly accused me of misrepresenting something.  When I offered to provide proof of what I had said, he backed down. 

 

Then he eliminated half my case by the simple expedient of not allowing my evidence into the case while letting in all of my opponents case.

 

Thus, through the device of a Directed Verdict in my opponents favor, he removed the attentive jury from deciding the case.

 

Virtually, the same thing can be done before a jury is sworn in through the analogous device of a summary judgment. 

 

Recourse?  An appeal?  It is not a satisfactory remedy because it is a Byzantine process (See A Civil Action—the John Travolta movie or read the book) in which only about 17% of appellants win.

 

My remedy, therefore is to rate the judge:  Here we go.

_______________________________________________________ 

MODEL LITIGANT SURVEY FOR TRIAL JUDGE EVALUATIONS (CIVIL CASES)

 

We are interested in learning about your recent experience with our court system.  Please take a few minutes to complete this survey regarding your perceptions of Judge Andrew Erwin and the court’s handling of your case.  Your responses will be kept (somewhat) anonymous and will help us maintain a legal system and a court system that is efficient, effective and FAIR.

 

Please answer the following questions about your case:

 

1.     Were you the plaintiff or defendant in your case? (circle one). 

 

2.     How long did the court proceeding last?                3 Days

 

3.     Did you win or lose?  (circle one).  Other____________

 

Please answer the following questions about the judge:

 

1.     Did the judge appear well-prepared for your case?      Yes  No

2.     Did the judge deal with your case promptly?                 Yes   No

3.     Was the judge respectful to you?                                  Yes   No

4.     Was the judge respectful to the other parties?             Yes  No

5.     Did the judge manage the process efficiently?               Yes  No

6.     Did the judge listen to your side of the case?                Yes   No

7.     Were the judge’s rulings clear?                                      Yes   No

8.     Did the judge explain the rulings?                                  Yes   No

9.     Was the judge fair?                                                        Yes   No

10.    Was the judge respectful to staff personnel?               Yes  No

 

Please add any other comments you would like to make about the judge.

Judge Erwin was clearly biased against me from the beginning to the end.  He made up facts so he could deny my Motion for Summary Judgment.  Judge Erwin, an ex DA, did not know who starts first in picking a civil jury.  The judge delayed ruling on all motions until the day of trial.  This prevents the parties from knowing what part of the case will go to a jury until the morning of trial.  The judge admonished me in front of the jury.  The judge listened patiently to the other side’s arguments and to mine not at all.  The judge did not understand the law nor did he care about the law.  There was not even a pretense of a fair trial. 

 

Scorecard:

 

My motion for change of venue—I lost

My motion to compel discovery --I lost

My motion to dismiss  --  I lost

My motion to postpone  --  I lost

My motion for mistrial  --  I lost

 

Their motion to sever  --  They won

Their motion to strike  --  They won

Their motion to quash  --  They won

Their motion for directed verdict  --  They won

_____________________________________________________________

FEEDBACK REQUEST  --  

If our judiciary can bulldoze over me in this fashion then they can do it everyday to everybody.  They ignore The Rule of Law and they ignore Fairness.  It is a power trip by many mental midgets.  Give me your court experience feedback on your Judge Erwin right here.  It will be kept anonymous.  I assure you. 

Posted on Friday, April 23, 2010 at 03:23PM by Registered CommenterLAUREN PAULSON | Comments10 Comments

Reader Comments (10)

The problem: corporations rule the judicial with binary numbers, so to speak.

Goldman Sachs as the primary "consultant" in the PERS of judges, et al., how can we expect anything - but, what we get?

Fraud is not a difficult undertaking.

Lying, cheating, stealing, and behaving like lower animal forms, is for most humans, a natural way, just ask Mark Twain.

The tough task, keeping our word/s where truth, honor and of course justice are etched in stone.

Billions of digits for retirement portfolios in the US, and the legal system counts for those who can count mouse strokes or a printing press of endless ink and paper to be sold in a brand of "money."

Noam Chompsky was interviewed regarding the situation of the U.S. bankruptcy in 2008, and how China purchasing "debt" plays the game into not bankrupt, exactly.

Thus, major shareholder in America as China co-creates a far more sinister agenda.

What do other countries look like with a super power as an occupier?

And then we have Israel who purchased invisible subs from Germany to strike Iran.

Think our judicial do not know the state of affairs?

Which human can consider freedom when the only "wealth" is right here at home as the trading of flesh for centuries more than proves, for those who must retire "high on the hog."

Problem really is, for the American judicial to be an exempt binary number from the Chinese - who count quite remarkably since far older than any technology - there must be an understanding of law.

U.S. "program" (see current government "bailouts") is to function as the same class of lower citizens in China AND then recycled.

There is no such thing in the U.S. as the rule of law when China has a dragon, bear and other BIG ideas to include all the people all the time.

Judicial in America are in for a rude awakening. We can expect the Chinese to do exactly to the judges, as what the judges do to others ...

... those who are the only friends safe in the not so distant future.

Caring enough to change the system before it explodes in a nuclear holocaust is not an easy task.

April 30, 2010 | Unregistered CommenterBiloxi

Now, where is our "Constitutional Harvard President" in the rule, letter and spirit of our law/s? Ah, yes, money screams ...

http://www.examiner.com/x-14143-Orange-County-
Conservative-Examiner~y2010m4d27-Scandal-Obama-Gore-Goldman-Joyce-Foundation-CCX-partners-to-fleece-USA

Glenn Beck breaks the biggest corruption story of the century yesterday and it doesn’t appear on a Front Page anywhere. Beck points the way to the 15 Trillion dollar scam that has some amazing players.
(See full transcript here)

First Glenn makes and astute point: If Goldman is really the bad guy, why are these people still on the job? The Goldman suit is a put up job!
• William C. Dudley, president of the Federal Reserve Bank of New York; was a partner and managing director at Goldman
• Gary Gensler, chairman of the Commodity Futures Trading Commission; spent 18 years at Goldman
• Mark Patterson, chief of staff to Tim Geithner; former Goldman lobbyist
• Philip Murphy; nominated for ambassador to Germany; former Goldman executive
• Diana Farrell; deputy director of the National Economic Council; formerly with Goldman
• Emil Michael; White House fellow; former investment banker with Goldman

Glenn tells us that a watchdog has steered him to the collusion between Barrack Obama, George Soros, Al Gore, Goldman Sachs, Franklin Raines (super crooked Fannie Mae head), CCX, and Generation Investment Management (GIM-London based co-founded by AL Gore).

Know the crooks and their roles:
George Soros, Joyce Foundation and connection to CCX.

What is CCX, the Chicago Climate Exchange, projected to gross 10 Trillion a year is Cap-N-Tax passes. Obama played a pivotal role in the formation of the CCX. (Click here for expose)

Barrack Hussein Obama, Board Member of the Joyce Foundation, funded the formation of the CCX. (
Valerie Jarrett is still on the board, Obama’s top adviser.) Obama sat on board and funneled money to Ayer’s brother (wild huh, just a guy in his neighborhood) and to form the CCX.

AL Gore--Goldman Sachs-- GIM: Hold on to your britches, London-based Generation Investment Management sees the Trillion and they purchased a huge stake in Chicago Climate Exchange (fifth largest shareholder.) The founder of GIM is none other than former Vice President Al Gore along with Goldman people. For example other founders are David Blood (former Goldman executive), Mark Ferguson (Goldman) and Peter Harris (Goldman) to name a few. “

Franklin Raines, mega crooked banker and bust Fannie Mae head, uses Fannie Mae (taxpayers money) to buy the technology to measure and manage carbon. The patent was award the day after Obama and Dems won the election.

Goldman Sachs owns ten percent of the CCX and its 10 Trillion a year potential. (CCX is 10% owned by Goldman Sachs (GS) and 10% owned by Generation Investment Management (GIM).) Gore, Goldman, and Cap and Trade - Tangled Web of Corruption

How it all ties together tomorrow in PART 2.

May 2, 2010 | Unregistered CommenterBiloxi

Lauren, should an attorney (an authentic protector of the "law") be around to take a case against (1) Ronald Frashour (the bad cop who shot Aaron Campbell in the back - Griffin&McCandlish represent the "Campbell Estate") please let me know .. I'll email you for contact info.

AND, also, need an attorney who is good at negotiating - U.S. Bancorp is toast in my case against it.

Thank you

May 4, 2010 | Unregistered CommenterBiloxi

If only more people could hear this..

May 29, 2010 | Unregistered CommenterShelby Farris

We need a scorecard for the dishonorable Judge Kirsten Thompson who just recently took a bow from hearing family law and is now hearing criminal law. All though I think it would be fair to say that she's unfit to hear any cases or make any decisions due to her lack of listening to the facts and making decisions based on whether she likes you or not. It is certainly time for change in Oregon. After reading your article I'm starting to think that the Washington County Judges are making their own laws.Here I just thought it was Judge Thompson.

July 14, 2010 | Unregistered CommenterTonya Sjomeling

Sixty three percent of all civil trials never even get to a jury even where there is a right to a jury. How do judges do it? Through the devises of a Directed Verdict or a Summary judgment. It was a Directed Verdict that did it to me yesterday. Here is how it happened.

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December 8, 2010 | Unregistered Commentercelestine

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This is an email regarding who is masquerading as a judge but is really the Klan with a black instead of a whtie robe. Judge Andrew Erwin is a racist, self involved right wing nazi how goes above and beyond his judicial authority to punish the defense and overly consider the plight of the so called victims. Erwin is a first class dick and uses the law for his own personal views. he is a right wing, fox news typed bitch who does not care about the law except when it suits him Fuck that judge and his family!

June 9, 2014 | Unregistered Commenterharrison danley

I asked my attorney 6 months in advance to file the needed paperwork that would not allow Erwin to be my trial judge. The attorney, Alan Biederman, knew that Erwin was to be my judge on Friday April 25, 2014 but did not inform me of the change from Judge Fun's Court until the day of my trial which was the following Tuesday, April 29th. From the very beginning, Erwin stated to my attorney that the facts were not in dispute and that your client is guilty so you need him to take a plea! Erviwn, whose German surname means "Uber Meister" lives down to his heritage in that he doesn't even pretend to be fair. He is especially biased against people of color because his record of convictions for hispanics and blacks as well as other immigrants is that they are found guilty by him and his rulings 99.9% of the time. White defendants, male and female, he finds against them in only 66% of his cases. this is not a coincidence. Erwin or more accurately,Her Uber Meister, condemns, punishes and gives out more time in jail that any other judge that has been on the bench equal amount of time. Only Uber Meister Knapp exceeds him and only because Knapp has been on the bench longer, much longer. Uber Meister Knapp hands out over a thousand years of time monthly! No judge sentences defendents of all kinds to life sentences than Uber Meister Knapp. Uber Meister Erwin is on a pace that will exceed Knapp in a mere 5 years. Erwin cares nothing about the law. He sentenced me to 6 months in jail because he told me he didnt like me looking at him! He gave me six months in jail and 3 years of formal probation for accidently attending an NA meeting for 3 minutes because some woman that I used to know was in the meeting. And although there was no exchange of any kind with the woman, he sentenced me on the word of a man that sat up in court and blatantly lied to him about something the man said I did which we proved he was lying. Erwin is a self centered, right wing NAZI who rules the court as if he is God. For 45 minutes he basically spoke to himself, about himself and what he likes an doesn't like and made no attempt to hide his contempt for people of color, especially black men. Erwin is a Lars Larson, Glen Beck, Rush Limbaugh groupie who boasts about his allegiance to the right wing of the republican party. He belongs to the Tea Party fundamentalist and is no better than the Taliban and the other sick right wing NAzis that occupy the Washington County JUdiciary. I am willing to fight this man by any means necessary and I know without a doubt that in time, the truth of his sick, perverse and evil deeds will come to the light. I have never seen a group of people such as the Washington County JUdiciary, so sick and so willing to sentence people to unnatural amounts of time in Prison simply because they can. The majority of those sentenced by Herr Uber Meister Erwin are petty crimes that are given felonious amounts of time by this mindless meglo maniacle prick and people sit around and let it happen over and over again. someone needs to tell that man that he needs to take off his God suit! All things done in the dark will always come to the light. What Erwin does not know is that his future is ordained, that God don't like ugly and sick fucks the likes of him and his tea party fundamentalist

July 17, 2014 | Unregistered Commenterharrison danley

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