Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
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Dear Advocates of Honest Judiciaries,
Thank you for your emails replying to my article on Judge Neil Gorsuch and his fellow judges (†>ol2:546), and for letting me know about your projects and seeking my opinion thereon. Kindly consider the following comments on two projects that are representative of others.
† See my study of judges and their judiciaries as they perform in practice as opposed to the conduct prescribed for them in their codes of conduct and statutory rules. It is titled and downloadable as follows:
Exposing Judges’ Unaccountability
and Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting*†
A. On the sit-in in Washington, D.C., to request that the President appoint a certain kind of people to the judiciary
- You want to ensure that “intelligent, honorable, morally and ethically correct individuals” are appointed to the bench. Yet, they must also have the academic qualifications and professional experience needed to perform competently as judges so that they are acceptable to the nominators and confirmers; otherwise, you and the nominees are headed for an exercise in self-embarrassment.
- The appointment of a judge, whether to the federal or a state judiciary, is a political act intended to assure that the laws enacted by the appointing party will be upheld as constitutional and interpreted as intended by their adopting party. A group like yours does not offer anything as important as that intended assurance. On the contrary, your demand for honest judges works against the interest of politicians:
- Known for their double-talk and opportunism, not their principles, politicians have an interest in appointing people of their ilk, willing to play the power game. They have no use for the likes of Mother Theresa of Calcutta and St. Francis of Assisi.
- Hence, your Washington sit-in will be an exercise in futility that will only waste the effort, time, and money of your group and cause through disappointing results an erosion of commitment.
- Neither the President, a governor, nor a legislative body will ever nominate a person who is not a lawyer and a judge, or who does not have the qualifications to be a judge –Justice Elena Kagan was never a judge but was a lawyer and former dean of Harvard Law School–. The risk is too great that the lack of such qualifications may lead to public criticism of the nominee, embarrassment of the appointer, and the forced withdrawal by the nominee of his or her name.
- You only need to remember the embarrassment of President George W. Bush when he nominated Ms. Harriet Miers to the Supreme Court in 2005. She was roundly disapproved by even fellow Republicans as unqualified and had to withdraw herself from the nomination. Bush did not risk nominating even his Attorney General, Alberto Gonzalez. Instead, he went for a sure name, Then-Judge John Roberts, a member of the Court of Appeal for the Federal Circuit.
- This shows that what appears to advocates of honest judiciaries to be a good idea must be evaluated in the context of one’s resources, the facts, and other people’s interests to determine how to turn it into a reality. This calls for pragmatism enhanced by dynamic analysis of harmonious and conflicting interests underlying strategic thinking and resulting in a strategy(†>ol2:445§B, 475§D).
B. On breaking up the Ninth Circuit
- Even if that circuit were broken up into two or more circuits, the judges that have been appointed for life would remain on the bench. Belonging to a smaller or a new circuit is not going to cause them to become “intelligent, honorable, morally and ethically correct individuals”, never mind political neutral and committed to applying only and always the rule of law. They will remain political appointees expected to rule along political lines.
- That is shown by the politically motivated controversy in the Senate over the confirmation of Judges Merrick Garland and Neil Gorsuch, nominated to the Supreme Court by Presidents Obama and Trump, respectively.
- Worse yet, their respective interests favor maintaining the status quo: The politicians will not dare investigate for misconduct the judges for whose honesty they vouched, lest they indict their good judgment and vetting procedures and provoke the retaliation of all judges, for each could be investigated next. They will continue to hold them unaccountable and allow them to self-exempt from discipline, as shown by the analysis of the official statistics(ol2:546).
- The judges will keep risklessly engaging in wrongdoing for their gain and convenience at the expense of everybody else.
- Politicians and judges have a harmonious interest in frustrating the advocates’ conflicting interest in non-political judges. The Circuit break-up is not a strategy for judicial honesty. It is an effort that proves that in the absence of strategic thinking and its analysis of interests, there is only wishful thinking, amateurism, and improvisation that do not attain the intended objective.
C. A reasonable strategy: first expose judges’ unaccountability and consequent riskless wrongdoing, thus establishing the need for judicial reform
- The first step to reform the judiciary is to show why it needs reforming: Judges abusively exempt themselves from 99.83% of complaints, are held unaccountable by their Republican and Democratic appointers, and risklessly engage in wrongdoing(jur:5§3) harmful to everybody else.
- For instance, circuit judges dispose of 93% of appeals in decisions “on procedural grounds [e.g., a mere ‘for lack of jurisdiction or jurisdictional defect’] by consolidation, unpublished, unsigned, without comment”(ol2:455§§B-E). These decisions are so “perfunctory”(*>jur:44fn68) or wrongful that the majority of them are issued on a 5¢ summary order form and/or marked “not precedential”…in a legal system rooted in precedent –as opposed to a code of rules– to prevent arbitrariness and off-the-cuff decision-making, and promote predictability and thus, conformance by the man and woman in the street of his or her conduct to reliable legal expectations.
- Circuit judges mostly affirm the decisions on appeal and deny motions raised in the appeals(ol2: 457¶26). District judges, who weigh pro se cases as 1/3 of a case and treat them accordingly(ol2: 45§B), know that most of their decisions will be affirmed pro-forma and act perfunctorily.
- Their decisions, whether reasonless or cobbled together, are the ad hoc fiats of the judges of “the swamp of the Establishment”(ol2:453), for their life-appointment and in effect irremovability –only 8 federal judges have been impeached and removed in the last 228 years since the creation of their Judiciary in 1789(jur:21§a) – make them the Establishment’s most established members.
- So, We the People are at the mercy of judges who risklessly deny us due process and equal protection of the law, which are reserved for the 7% of decisions that, intended for public scrutiny, are reasoned, signed, and published.
- If this information, based on official statistical facts, is made known to the national public -not just the passers-by at the time of a sit-in in D.C.-, it can outrage the People and cause them to demand that their senators and representatives, lest they be voted out of, or not into, office, call on Congress to conduct public hearings on the experience of the People at the hands of the judges that they hold unaccountably independent.
D. The benefit for advocates of meeting and discussing the most cost-effective way of attaining their objective: an honest judiciary
- You and other advocates should meet locally to discuss the above facts and out-of-court inform-and-outrage strategy before embarking on any trip. Even demonstrating at your courthouse has no chance at present of accomplishing anything: Your demands will not imperil legislators’ electability or even make it to the newscast; they will be ignored like those of most demonstrators.
- Your focus should not be on your personal, local cases, which are of as little interest to anybody else as theirs are to you. Rather, highlight through the use of the official statistical tables accompanying the article on Judge Gorsuch and his peers‡ how judges in your circuit abusively dismiss 99.83% of complaints against them, enabling their riskless wrongdoing(ol:154¶3) that harms and interests everybody else.
- If your appellate attorney failed to disclose that his or her attorney’s fees would buy you a 93% chance of receiving only a reasonless 5¢ form decision, consider suing him or her for malpractice. If your doctor failed to disclose that he or she would charge you thousands of dollars for medical treatment that for 93% of patients was useless but caused 100% of them a lot of anxiety for months on end, what would you do?
- Meet(cf. ol:274) with other advocates to use the table template (ol2:555) to draw up the table concerning your judges. KNOWLEDGE IS POWER. Gain and wield it to implement the inform-and-outrage strategy that can earn you public respect and attention, and make future demonstrations numerous and effective.
- You and others can inform the public by distributing that article by email and social media and discussing it with local groups.
- This will allow you to strategically pursue your and other people’s personal cases and share experiences involving wrongdoing judges by demanding that public hearings thereon be held with a view to judicial reform by Congress and/or a pioneering and potentially trendsetting entity: a board of national media outlets working in their commercial and public interest(ol2:558§§D,E).
E. Participating in a business to expose judges’ wrongdoing and advocate judicial reform
- If you and your group are travelling for a demonstration to D.C. or anywhere else for free and without having to sacrifice time that you could or must use to earn a living, I would like to know how you have managed that feat. Such scenario is, of course, unrealistic.
- Planning to travel there or just to demonstrate locally on a workday must have made you all realize that even the noblest objective requires effort, time, and money. Implementing any plan or strategy needs financing.
- Thus, I have devised a for-profit business plan to pursue through strategic thinking the exposure of judges’ wrongdoing and the advocacy of judicial reform. Its table of contents is below. I welcome your ideas on how to raise the necessary investment capital to implement that plan. If you have any experience with Fund Me initiatives or access to individuals willing to put their money where their noble or business ideas are, I would appreciate your letting them and me know.
- In this vein, I offer to present to you and your group by video conference or, upon your invitation, in person, why it is necessary and opportune to share and post widely the article that discusses judges’ official statistical facts; to implement a business plan that addresses the public harm caused by their unaccountable abuse of their power over your property, liberty, and the rights and duties that determine your and everybody else’s life; and to hold them liable to compensate the victims of their wrongdoing, for they are not entitled to be Judges Above the Law.
- Your contribution to informing We the People that in ‘government of, by, and for the people’ they are the masters of all public servants, including judicial public servants; outraging the masters at their servants’ wrongdoing; and empowering them to hold their servants accountable can earn you the People’s recognition and turn you into their Champion of Justice.
- So I look forward to hearing from you.
Dare trigger history!(*>jur:7§5) and you may enter it.
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Dr. Richard Cordero, Esq.
Judicial Discipline Reform
New York City
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com, Dr.Richard.Cordero.Esq@cantab.net
Part I. OFFICIAL STATISTICS OF THE FEDERAL COURTS:
their analysis points to its judges’ arbitrary handling of caseloads that denies due process and equal protection of the laws
Sections A.-E(†>ol2:454, 546)
† Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting†
Table of Contents of
Part II. THE BUSINESS PLAN
for raising investment capital
to expose judges’ wrongdoing and advocate judicial reform
through a for-profit business
that caters to professionals, litigants, and
The Dissatisfied With The Judicial and Legal Systems
F. Executive Summary: Paying to acquire, and earning by providing, knowledge and services to counter judges’ power to harm by denying due process and equal protection of the laws and engaging in other wrongdoing
G. Dr. Cordero’s study of judges and their judiciaries: the foundation for the for-profit business of judicial wrongdoing exposure and reform
1. The publication of the study and the formats of publication
H. Dr. Cordero’s website: the storefront for the public to look in and the billboard to attract clients
I. The targeted segments of the market
1. The Dissatisfied With The Establishment
2. The market of professionals
3. Professors and students as a pool of employees
4. The market of pro ses
J. Activities to be financed to enable the offering of services
K. Formation of the team of professionals to pursue the multidisciplinary and business venture and its evolution into the institute of judicial accountability reporting and reform advocacy
1. Desirable association with a prestigious academic institution from early on
2. The key members of the team or officers of the institute
3. The logistics of setting up and running the office
L. Key profit points of the business plan
M. What investors can provide in addition to investment capital
N. Conclusion: This is the most opportune time for a business intended to help “drain the swamp of corruption of the Establishment”