Month: April 2018

Template for you to persuade your judges and clerks to expose judges’ abuse and become national leaders of a public that shouts, Enough is enough! We won’t take abuse anymore, and turn judges’ abuse into an issue of the mid-term campaigning

By

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
http://www.Judicial-Discipline-Reform.org

Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, Corderoric@yahoo.com

You may share and post this article in its entirety,
without any addition, deletion, or modification,
with credit to its author, Dr. Richard Cordero, Esq.,
and the link to his website:
http://www.Judicial-Discipline-Reform.org.

The letter form of this article,
which can be printed and mailed to judges and handed out to clerks and others,
is at:

http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >OL2:681

A. The most propitious public mood to expose judges’ abuse

  1. On October 5, 2017, a reliable precedent was established: Reporters Jodi Kantor and Megan Twohey published in The New York Times their exposé of Harvey Weinstein’s predatory sexual abuse and its condonation by Hollywood insiders.
    .
  2. No reasonable person could have anticipated the extent of their exposé’s impact here in the U.S., never mind abroad. Their exposé has provoked a change in people’s attitude that is historic and occurring unimaginably fast.
    .
    a. Victims of sexual abuse have found the courage to break their silence.

b. The rest of the public has become assertive enough to expose or condemn not only sexual abuse that it has witnessed or learned about, but also unequal pay by gender and unequal access to top corporate positions by others than non-minority white males.

c. Regardless of your position on guns, the fact is that high school students have been motivated to take action against gun violence and even large companies have found the courage to break their special commercial deals with the NRA and its members.

d. People are also holding Facebook accountable for failing to prevent the misuse of the private information that they entrusted to it.

  1. In one after the other area of public life, people are shouting self-assertively the same rallying cry:

Enough is enough! We won’t take abuse anymore.

  1. The media has afforded the public the means of making that cry effective: Abusers are being held accountable.
    .
  2. This is a proposal for judges and their clerks to become the Jodi Kantor and Megan Twohey regarding judges’ abuse(*>OL:154¶3).

The materials with supporting and additional information corresponding to the (parenthetical references) in this email are found in my study of judges and their judiciaries, titled thus:

Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field of
judicial unaccountability reporting* †

* Volume 1: http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page number up to OL:393

† Volume 2: http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >from OL2:394

Download those volumes for free and read as much as you can of the study because KNOWLEDGE IS POWER.

However, conducting professional law research and writing, sharing and posting the study and articles, and running and protecting a website are not free.

Donate to the GoFundMe campaign at
https://www.gofundme.com/expose-unaccountable-judges-abuse

B. What makes judges abusive: unaccountable power

  1. Judges are not naturally more abusive than the rest of the society of which they are members. But they are entrusted with a force that turns them abusive: They wield the most power over people’s property, liberty, and all the rights and duties that frame their lives. “Power corrupts, and absolute power corrupts absolutely”(*>jur: 27fn28).
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  2. Judges’ power is absolute because they are held unaccountable for exercising it by the politicians who recommended, endorsed, nominated, and confirmed or appointed them(†>OL2:610§3).
    .
  3. Also, judges exempt themselves from discipline in line with their implicit or explicit quid pro quo, ‘Today I protect you from this complaint and tomorrow you do likewise for me and my friends’(OL2:548). This is the foundation of their mutually assured impunity.
    .
  4. The system is rigged in favor of judges. So they commit risklessly abuse of power for their convenience and gain and that of their peers, colleagues, and friends.
    .
  5. Worse yet, judges abuse many more people than sexual abusers do: People file more than 50 million new cases in the state and federal courts every year(*>jur:8fn4, 5). Many of the parties to them are abused.
    .
  6. The ranks of those parties are increased by their affected friends and family, workmates, employees, clients, suppliers, neighbors, etc.
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  7. All of them form a huge group: The dissatisfied with the judicial and legal system. Many are outraged due to the abuse suffered or witnessed; most are passionate about vindicating their rights and being compensated; all are potential members of a civic movement to expose their abusive judges.
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  8. The Dissatisfied are exposers’ constituency, waiting for courageous judges and journalists to take the lead in such exposure and thereby utter the rallying cry that makes them national Champions of Justice.

C. Judicial ‘authority’ that supports the exposure of judges

  1. Judges willing to expose judges can ‘quote as authority’ for their exposure important current events relating to abuse:
    ,
    a. U.S. Supreme Court Chief Justice John Roberts referred 9th Circuit Judge Alex Kozinski, a 35-year veteran of the Federal Judiciary, for investigation for sexual abuse to the U.S. Court of Appeals for the 2nd Circuit, thus causing him to resign in December 2017. In his 2017 Annual Report on the Federal Judiciary, he recognized the existence of abuse in that Judiciary and announced the formation of a study group(OL2:645).

b. Similarly, New York State Chief Judge Janet DiFiore admitted to deficiencies in “the level of justice services the people of New York have a right to expect and deserve” when she launched her Excellence Initiative and asked people to submit to her their complaints(OL2:607).

c. In addition, NY Governor Andrew Cuomo proposed in his January 2018 budget speech to the legislature ‘to have the state comptroller audit the judiciary to make sure that judges perform a full day’s work’ rather than close their courts after lunch. But the judiciary pushed back and forced him to cave in and withdraw his proposal.

  1. What other public servants or private employees dare not ‘be at work at least eight hours a day’? Politicians, the ones who put judges on the bench and do not want to establish a requirement against self-interest. Would you trust a judge to be conscientious enough to read your brief, research the law, and apply it to your case although he or she was not responsible enough to put in the normal hours for which he or she got paid? If not, to whom do you complain, to politicians or to the judge’s peers and colleagues? You complain to the media as proposed. Read on.
    .
    D. “Justice services” that are deficient and cause injury in fact
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  2. “The math of perfunctoriness and abuse”(OL2:608§A) analyzes official statistics and shows that even the preeminent NY justices whose jurisdiction includes Wall Street, the World Trade Center, the headquarters of national companies, and the law firms that cater to them, do not have the time, need, or incentive to even read the vast majority of appeal and motion papers filed in their court. The justices have those papers dumped out of their workload by clerks filling out dumping forms(id.) to pro forma affirm lower court judges’ decisions and deny motions. Thereby the status quo is preserved by clerks not entitled to alter it and judges unwilling to bother with cases other than the few that appeal to them.
    .
  3. The judges intentionally breach the illusory contract for “justice services” formed by parties paying filing fees for services that judges offer though knowing they will not be rendered.
    .
  4. Judiciaries are pervaded by secrecy: Judges hold all their adjudicative, policy-making, administrative, and disciplinary meetings behind closed doors and never hold press conferences(jur:27§e). This allows them to coordinate their abuse. Would we have government by the rule of law if the members of Congress and the Executive appeared at hearings without having read any papers –as judges do at oral argument– and then retired to smoking rooms to cut deals among themselves?
    .
  5. For their own gain and their cronies’(jur:32§2), judges abuse the information that they receive, plotting the most harmful coordinated abuse, schemes, e.g., the bankruptcy fraud scheme(OL2:614, jur:65§§1-3), driven by the most corruptive force, money! In 2010, federal judges alone allocated over $373 billion in creditors v. debtors controversies(jur:27§2). Judges conceal assets(jur:65fn107a,c) and thereafter commit money laundering(*>jur:xxxv-xxxviii; jur:105fn213).
    .
  6. Judges abuse also by proxy, that is, through the court clerks in the clerk of court’s office –where parties file papers in their cases- and the law clerks in the chambers of the judges for whom they research, write, and perform administrative work. All clerks are subject to judges’ supervision and control(OL2:687). Although clerks may have signed up to be Workers of Justice, judges reduce them to executioners of their abuse, either through the threat of arbitrary removal without recourse(jur:30§1) or by corruptively dangling before them a letter of recommendation, which can make or break their job prospects at the end of their clerkships(OL2:645§B).

E. The courage needed to expose and a plan for courageous exposing

  1. Judges need a lot of courage to expose these and other forms of individual and collective judicial abuse and hold their peers and friends accountable. They too may have participated in, or condoned, such abuse. Their conduct may inhibit them from speaking up or be used to extort them into silence.
    .
  2. Self-interest in the avoidance of retribution and the gain of benefits caused insiders to allow Harvey Weinstein and other sexual abusers to abuse people for decades. As a result, many have been traumatized by what they suffered or by the guilt about what they should have done to keep others from suffering but failed to do.
    .
  3. Doing the right thing is most frequently fraught with personal sacrifice. That is why it can make history(OL2:607¶3) and earn the highest rewards of public recognition.
    .
  4. Judges as well as their law clerks and court clerks can do the right thing by exposing judicial unaccountability and consequent riskless abuse either openly or confidentially by providing inside information as Deep Throats(jur:106§c) to an exposer and recommending his articles and joint investigation(OL2:671, 672) to media outlets(PBS 612, 676; The New Yorker 620; The Washington Post 621; The Atlantic 630); Vanity Fair 683; Life 688) and professional schools(641, 644). To that end, they can:

a. send their I accuse!(jur:98§2) denunciation to Chief Judge DiFiore or the Conference of Chief Justices(OL2:613) and simultaneously present it at a press conference to call for the unprecedented: the conduct by the media of public hearings as an independent 3rd party working in its commercial and the public interest. The media can think strategically to recruit a humiliated Gov. Cuomo as its open ally or Deep Throat informant because ‘The enemy of my enemy is my friend’(OL2:635, 593¶¶15-16);

b. invite the media to sponsor a tour of presentations(OL:197§G) at law, journalism, business, and Information Technology (IT) schools, bar and media associations, law firms, etc., to organize the first and national multimedia and multidisciplinary conference(jur:97§D) on this issue; and hire business administration and digital forensic firms to audit judges’ decisions for quality and patterns of abuse(OL:274), and examine the evidence of interception of communications among their critics(OL2:633§D) so as to

c. implement the out-of-court inform and outrage strategy for exposing judges’ abuse and cause the national public to insert the issue into the mid-term campaigning(OL2:583§D).

  1. To discuss how you and I can implement this proposal as openly or discreetly as you wish, I respectfully request that you call(OL2:612¶1b) me to arrange a meeting in person or over the Internet.

Let’s join forces so that our rallying cry
can resonate throughout the country:

Enough is enough!
We won’t take judges’ abuse or anybody else’s anymore.

Donate to Judicial Discipline Reform
to support its work of
exposing unaccountable judges’ riskless abuse and all other abusers
here



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* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf

https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b

Sincerely,.

Dr. Richard Cordero, Esq.
Judicial Discipline Reform
New York City
http://www.Judicial-Discipline-Reform.org

Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, Corderoric@yahoo.com

To retain Dr. Cordero’s
law consulting, research and writing, and representational services,
read his model letter of engagement at *>OL:383.
* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf

NOTE: Given the interception of Dr. Cordero’s email and e-cloud storage accounts described at * >ggl:1 et seq., when emailing him, copy the above bloc of his email addresses and paste it in the To: line of your email so as to enhance the chances of your email reaching him at least at one of those addresses.