Judicial-Discipline-Reform.org

Judicial-Discipline-Reform.org is a non-partisan and non-denominational website that advocates judicial reform, first at the federal level, through legislation prohibiting and penalizing judges’ acts of disregard for the law, the rules, and the facts. Such acts have become so consistent as to form a pattern of conduct pointing to the judges’ coordination of wrongdoing. The factors behind this conduct are the judges’ refusal to discipline themselves in court through the statutory mechanisms therefor, the resulting immunity from prosecution that they enjoy as a matter of fact, and the pursuit of unethical or illicit benefits that becomes an insidious motive when wrongdoing is riskless. Given these factors, the website has developed and keeps refining a plan of action to achieve judicial reform. Its first step to eliminate the wrongdoing within the courts that judges have felt safe to engage in is to expose through investigative journalism its prolongation outside the courts, where benefits are managed and enjoyed: illegal financial activity.  (Motive of Judicial Wrongdoing & Strategy to Expose It; Dynamics of Corruption)

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 [Note: The Statement of Facts containing the Tables of Exhibits ToEC:#,  ToEA:#, ToED:#, ToEAdd:#, ToEPst:# is available in a PDF file. Therefore, that Statement need be downloaded only once to gain access to the pages corresponding to the ToE...  references. The Tables of Exhibits consist of both descriptive entries for each exhibit and comments on the exhibits. The exhibits themselves can be accessed through the Bank of Links. Also the Statement of Facts alone but with hyperlinks to exhibits can be read here.]

The objectives of Judicial Discipline Reform are discussed in the Statement of Facts. In brief, they are these:

1) After presenting in this website the evidence gathered over the past 5 years in 11 federal cases that shows a pattern of intentional and coordinated judicial wrongdoing, 

2) form a virtual firm of lawyers and investigative journalists in order to

3) help prepare pro bono a class action centered on the test case against Chief Judge Walker and Judge Jacobs, brought on behalf of those similarly injured by the bankruptcy fraud scheme and the systematic dismissal of their judicial misconduct complaints.

That preparation entails researching a host of difficult legal issues and conducting a journalistic investigation. Both aspects of such work should reinforce each other, for the investigation Follow the money! from publicly available bankruptcy petitions to wherever it ended up is intended to obtain necessary additional evidence, call the attention of potential class members, and develop public awareness of judicial wrongdoing so as to create support for the class action as well as for the reform of judicial discipline. The following is a sample of tasks for virtual firm members: 

A. For lawyers

1. The Judicial Conduct and Disability Act (28 U.S.C. §351 et seq.) protects the confidentiality of complainants and the privacy of judges. However, complainants have an interest in establishing the violation of their rights thereunder resulting from the judges' systematic dismissal of their complaints (C:970, ToEC:39>980.K>Comment). Likewise, when judges have violated the law and are certain to continue violating it, the public policy aimed at safeguarding the integrity of the judicial system requires that they be exposed and not be allowed to hide their wrongdoing under the cloak of privacy. Given these considerations, how can the names and addresses of those complainants, who are potential class members and whose names need not be linked to those of their complained-about judges, be obtained from the circuit chief judges and the judicial councils? If the judges prevail in protecting their peers by not releasing the complainants' contact information, how can such complainants be contacted cost-effectively through public notices on different types of media or otherwise?

2. Can RICO (Racketeer Influenced and Corrupt Organizations, 18 U.S.C. §1961), which covers the predicate crime of bankruptcy fraud, be applied to the coordinated dismissal by federal judges and judicial councils of judicial misconduct complaints under 28 U.S.C. §351, and if so how? cf. (WDNY Local Rule 5.1(h)ToEC:55§J, C:1291)

3. The written decisions and order of the judges in question need to be audited for statements and inconsistencies that may show bias, arbitrariness, and disregard for the law and the facts in general as well as those rendered in the 11 cases at hand, particularly those of:

a. Chief Judge John M. Walker, Jr., CA2

b. Circuit Judge Dennis Jacobs, CA2 (C:145  cf. C:551;  & C:391, cf. C:711)

c. District Judge David G. Larimer, WDNY: in general; in cases at hand

d. Bankruptcy Judge John C. Ninfo, II, WBNY: in general; in cases at hand (C:1110)

4. It constitutes a gross abuse of judicial power for a judge to attempt to prevent a litigant from obtaining a transcript containing incriminating evidence of a peer's bias and disregard for the rule of law (transcripts in Pfuntner (A:263; ToEC:47>Comment; ToEA:135§3) and DeLano (Tr. 3/1/05; C:1094§III)), and when that attempt fails, to force the litigant to obtain the transcript in spite of the court reporter's express refusal to certify its completeness, accuracy, and tamper-free condition (ToEAdd:229§V,  ToEAdd:235>Comment) Moreover, it constitutes  dereliction of duty for those judges charged with safeguarding the integrity of the courts (28 U.S.C.§753(a)3rd para.) to disregard evidence of such abuse of power and the  litigant's appeal that they put an end to it. (28 U.S.C. §753(b) (28 U.S.C. §753(b); C:1310¶52;  As a step toward proving such abuse and dereliction, what are or where can one find the technical details of a court reporter stenographically recording a hearing and subsequently transcribing the resulting record (FRBkrP 8006-8007) and how is her work supervised?  (ToEC:46§I)

5. How can a fair trial by an impartial judge -not to mention appellate judges- be secured given that the judges presiding over the trial of the class action would be the peers of the defendants, among whom would be the circuit's chief judge; and to the extent that wrongdoing is tolerated or engaged in throughout the Federal Judiciary, even if a judge were brought in from another circuit, he or she would be a peer of the defendants and would have to consider that depending on how he or she presided over the trial he or she would face for the rest of his or her appointment for life either the gratitude or retaliation of the other members of the same class of people above the law as a matter of fact?

 

B. For journalistic investigators

1. Who is member in the web of personal relationships  (Stat. of Facts 4¶14 et seq.) and what are the nature and motives for their relationships? The persons and entities involved in the underlying 11 cases and the references to exhibits providing background on their roles are listed on ToEC:271 by categories which in turn are arranged in the order in which the Follow the money! investigation may proceed.

2. What technical details of their professions or jobs are helpful to understand what the members in that web did or did not do?

3. From the starting point of the petitions for bankruptcy and accompanying Schedules filed by bankrupts as public records, which together with other important documents of the trustees and the creditors are available either on the Internet through PACER (Public Access to Court Electronic Records) or in the courts of their respective districts, what path has their money followed to end up wherever it has been finally found?

4. What linkage has developed between social and financial networks?

I. The web of personal relationships in WDNY (Stat. of Facts 4¶14 et seq.) and the bkr fraud scheme (C:660)

a) The bankrupts

b) The trustees

c) The judges & their staffs

i) Bankruptcy Court, WDNY

ii) District Court, WDNY

d) Lawyers and law firms

e) Bankruptcy professionals

f) Warehousers

g) Financial Institutions

h) U.S. attorneys

i) FBI agents

 

II. Higher courts protecting their judicial peers (Stat. of Facts 5§A et seq.)

a) Court of Appeals for the 2nd Circuit

i) CA2 Judges

ii) Staff of CA2

b) Judicial Council of 2nd Circuit

i) Circuit Justice

ii) Circuit Judges

iii) District Judges

c) Administrative Office of the U.S. Courts

d) Judicial Conference of the U.S.

i) Executive Committee

ii) Conference Members

iii) Committee to Review Circuit Council Conduct and Disability Orders

e) Supreme Court of the United States

i) Judicial Conduct and Disability Act Study Committee

f) U.S. Congress Committees on the Judiciary

     

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