Wednesday, December 17, 2014
Chief Judge Sidney Thomas--Ninth Circuit Court of Appeals
James F. Battin Federal Building & U.S. Courthouse
2601 2nd Ave. North
Billings, MT 59101
Re: Judicial Complaint Manifold
Bankrupt Bankruptcy Courts
Consider this Dichotomy --
“Finally, the paramount interest of the creditors and a proper deference to their reasonable views in the settlement and sale consistent with my oral findings and conclusions stated on the record today. I said what I planned to say on the record.” Hon. Randall Dunn in U.S. Bankruptcy Court Case No. 09-32439-RLD11/7 on May 7, 2010 in my foreclosure case.
Donald Trump explaining how he got out of Atlantic City seven (7) years ago, but made a lot of money. He said: “I do play the bankruptcy laws. Not individually, but corporately.” I buy a building in turmoil, large mortgage then I throw it into a chapter…” in bankruptcy. “I use it (bankruptcy)….as a (business tool).” Donald Trump inter- viewed on CSPAN at The Economic Club on December 15, 2014.
Dear Chief Judge Thomas:
It is with appreciation on your ascending to be Chief Judge of the Ninth Circuit and it is with dismay at what has transcended before, to me; that I send you this note.
My immediate purpose in writing is to ensure that the lofty words at the passing of the gavel this month are true. Over one year ago I sent a Judicial Complaint to the Ninth Circuit Judicial Council enclosed and have heard nothing since. I have made periodic telephone calls to Gwen Babtiste and periodic letters to Cathy Catterson enclosed, without result. Hence my contact with you.
No doubt you will be interested in looking over these matters yourself to find out if the lofty words deserve additional attention and your incredulous dismay.
Thank you for your interest and consideration.
Very truly yours,
/S/ Lauren Paulson
JUSTICE, TRUTH AND BEAUTY
Are Needed Right Now
by Lauren (Pug) Paulson
Poet Emily Dickinson tells us she died for beauty. Her fellow traveler observed that truth, for which he died, is a kinsman to beauty.
Justice, on the other hand, may have no soul for dying. The soul is the sum of our mental self.
Justice is blind we are told. Indeed. Let us try to shine a little light for seeing, a little heat for thinking — on justice just for starters.
Will Durant, in his book The Story of Philosophy, Simon and Schuster (1961) helps us with Plato’s take on all this. The only things worthwhile in life are justice, truth and beauty. Emily is on the right path. The concept of justice is what is in peril and is where we must start.
A just person is in the right place at the right time; giving and receiving in equal and just proportions. This leads to the harmonious whole. Mr. Durant likens this to a perfect orchestra playing beautiful music with each musician doing a proper part for the good of the whole.
So organized, a society is fit for survival; justice receives a kind of Darwinian sanction. Where society is composed of those out of their natural places trouble looms. If a business person subordinates the statesman or the unfit become judges then the coordination of the parts is destroyed; society disintegrates and dissolves. Justice disappears due to the loss of effective coordination. Consider, for a moment, who in our society is accountable for whether or not there is the harmonious coordination of the judiciary as a whole!?
Every individual is either part of an effective cosmos or part of a defective chaos. There is either benign coordination where heat and light shines on action or emotion and greed prevail; replacing the intellect. Where emotion and greed prevail, society disintegrates. John Rawls, Harvard professor, pointed out that the failure of judges and others in authority to apply the appropriate rule or to interpret it correctly violates each citizen’s right to be protected by the principle of the rule of law.
Justice with truth provides the order and the beauty of all parts of the soul. All that is required are fanatics; people of action, of ideas and those who respect those souls who are helping in coordinating the harmonious whole. Truth will result. Then justice. Then beauty.
I died for Beauty—but was scarce
Adjusted in the Tomb
When One who died for Truth, was lain
in an adjoining Room—
He questioned softly “Why I failed”?
“For Beauty,” I replied—
“And I—for Truth—-Themself are One—
We Bretheren, are,” He said—
And so, as Kinsmen, met a Night—-
THE THIRD LEG OF THE JUDICIAL SELECTION STOOL
by Lauren (Pug) Paulson
To: Bill Scanlon CSpan
James Oliphant, National Journal
Date: Thursday, October 30, 2014
I watched your recent discussion on how judges are selected with enraptured attention. Here is the Third Stool of the Discussion — Judicial Performance Evaluations. (JPE) Here is the Third-Rail of that discussion. I got drummed out of the Board of Governors of the Oregon State Bar AND out of the Bar itself over my support of Judicial Performance Evaluations for all of the judiciary in 2004. Judges are dead set for Judicial Independence (read they can “do what they want”). Former Treasury Secretary Robert Rubin described it as “legal realism” . Judges are dead set against Judicial Performance Evaluations because it makes them accountable to the Rule of Law and accountable to the stream of citizens that seek justice before them every day: citizens that have the power to vote them out of office in states with judicial elections.
If one looks at where we are at in 2014, the story really begins in 1971 with the Lewis Powell memo.
THE LEWIS POWELL MEMO OF 1971
In 1971, Lewis F. Powell, then a corporate lawyer and member of the boards of 11 corporations, wrote a memo to his friend Eugene Sydnor, Jr., the Director of the U.S. Chamber of Commerce. The memorandum was dated August 23, 1971, two months prior to Powell’s nomination by President Nixon to the U.S. Supreme Court. Future Justice Powell stated that, “Strength lies in organization, in careful long-range planning and implementation, in consistency of action over an indefinite period of years, in the scale of financing available only through joint effort, and in the political power available only through united action and national organizations.”
What followed is a well orchestrated, long term plan to stifle the left and to stuff the dissent of the 1960’s and begin to nurture schools, think tanks and corporations in a new way of thinking. The following is no accident, but flowed directly from the conservative metamorphoses and Powell’s call to action of 1971 in the law.
National Center for State Courts (NCSC) -- Formed in 1971 by Richard Nixon and Chief Justice Warren Burger. Its mission is for judicial reform and judicial administration improvements in the courts of the U.S. The American Judges Association is an NCSC partner. Some of their meetings are secret.
1973 — The American Legislative Exchange Council (ALEC) began in 1973 as part of this conservative process.
1980’s -- The Federalist Society -- Formed in 1982, it is a group of conservatives and libertarians dedicated to reforming the current legal order. It now has chapters in 196 law schools. But, yet more:
American Inns of Court -- This concept began in the 1970‘s in Utah through the School of Law at Brigham Young University. Finally and formally formed in 1983 by Chief Justice Warren Burger the Inns are an amalgam of judges, lawyers, law professors and law students. Their stated mission is to foster excellence in professionalism, ethics, civility and legal skills. Some of their proceedings are secret.
Hon. Ken Starr is a trustee of the Inns of Court Foundation. All the awards designated by the Inns are named after Republican jurists including one in Sandra Day-O’Connor’s name.
State Justice Institute -- Formed in 1984, its mission is to ensure access to a fair and effective justice system. It serves to provide grants to State courts and to finance the activities of the National Center for State Courts with taxpayer money.
In 1999, the State Justice Institute commissioned the National Center for State Courts to produce The Anti-Government Guidebook. This 200 page tome instructs judges on how to cope with unruly consumers who represent themselves sans lawyers in court proceedings.
American Judicature Society -- The American Judicature Society created the Center for Judicial Independence in 1997 in response to an increase in perceived unfair criticism and efforts to remove from the bench judges who have issued unpopular rulings.
During the summer of 2011, The American Judicature Society conducted a nationwide survey of Judicial Nominating Commissioners. Nominating commissions exist in 36 states and the District of Columbia to recruit, screen, evaluate, and recommend individuals for appointment to fill vacancies in the state courts.
The American Judicature Society is partially sponsored by Bank of America.
Some of their proceedings are secret.
The American Judicature Society has recently announced they are transferring their book of business to the National Center for State Courts.
This long-term focus began paying off handsomely in the 1980s, in coordination with the Reagan Administration’s “hands-off business” philosophy.
WHERE ARE WE NOW?
The stealth campaign by former U.S. Supreme Court Justice Sandra Day O’Connor at the federal level and former Oregon State Supreme Court Chief Justice Paul De Muniz at the state level is to nudge us to judicial self-SELECTION rather than judicial Elections. Each state already has a powerful oligarchy who controls things in their state. The ‘SELECTION’ effort is simply a method to put more power in each state’s legal oligarchical hands and away from simple judicial elections by citizens.
A formal statewide system of Judicial Performance Evaluations would give the citizenry the information necessary to make the present mosaic of judicial elections work. In addition, it would provide a meaningful system of accountability of our judiciary, at every level, who have presently run amuck. Think, BUSH V. GORE.
The Innocent on Death Row
By THE EDITORIAL BOARD OF THE NEW YORK TIMES SEPT. 3, 2014
“The exoneration of two North Carolina men who spent 30 years in prison — one on death row — provides a textbook example of so much that is broken in the American justice system. And it is further evidence (as though more were needed) that the death penalty is irretrievably flawed as well as immoral.”
LEGAL ROT by Lauren Paulson
In 1963, I was on ‘shore patrol’ for the U.S. Army’s 82nd Airborne Division out of Ft. Bragg, North Carolina. In a similar role to the Navy’s ‘shore patrol’ our job was collecting those soldiers who had acted out, and were usually drunk. On duty in Fayetteville North Carolina, we would put them in the back of a 3/4 ton truck and transport them back, without further ado, to base.
Others were not so lucky. We waited for our soldiers at the Fayetteville police station where there was an ‘interrogation’ booth in the middle of the Fayetteville police office space. Built like a cubicle with a door, it was a wood structure to waist height, and opaque glass above that almost to the ceiling.
During the night, the quarry of the local police would be led to the ‘cubicle’ and the door closed. Soon there would be sounds of a scuffle, then outright sounds of a beating with grunts of the victim (the putative criminal) and even cries for the beating to stop; then silence. Soon, the thoroughly beaten ‘criminal defendant’ would be led away, bloodied, battered and white. White with fear, that is. The beaten men were usually black. The slave market was the honored memorial in downtown Fayetteville at the time.
The process would repeat itself as the night wore on. We transported our chastened, but unbeaten soldiers back to camp, then returned to hear the walls of the cubicle rattle again and again as another victim was led to the booking station for further processing into the night. Processing. By all-white police officers of the kind we all know so well.
Our legal system is broken. Thoroughly broken. Leaders silently turn away. The best way to stop discrimination is to stop discrimination says U.S. Supreme Court Chief Justice Roberts with an absence of wisdom.
BUTTERFLYS WERE THE FIRST INDICATION
If One Just Stops to Take Notice
Nothing Special brought me here. To Eileen’s Garden. A tattered chaise lounge, a small table supporting red wine.
The still deer hid in the dense garden paradise. Hummingbirds partake of sprinkler water.
But that isn’t what I came to talk to you about:
THE ROBIN’S NEST
The tilt of my chair matched perfectly an upturned chin quaffing the red nector. As my neck rocked my head back I saw it. Complete with nature’s paradise I saw it just as Mom arrived. Then two upturned small beaks opened as Mom fed them just was we learned. Quiet though.
Mom flew away and Papa arrived as all was right with the world. A grey digger (Western tree) squirrel loomed. His interest took him to an opposing branch then off. More butterflies framed Eileen’s Garden. The deer meandered off. The robin babies’ heads dipped below the nest’s edge.