While there is great debate as to how judges
are put on the bench, the public's dissatisfaction with the so-called
independence of the judiciary and with the inadequacy of the judicial
disciplinary machinery is disregarded by the Bench and Bar.
We say that our system of government is a
democracy. Yet we have a judiciary with absolute power over our courts,
unparalleled in history. This power is founded on judicial independence,
judicial immunity and
control over the Bar. Our system of government is based on separation of
powers and does not allow such concentration of power in the judicial
branch.
Florida is typical of the legal system
throughout the country. Although the judiciary asserts immense power over
the lives of individuals and the conduct of businesses, they have rendered
themselves totally unaccountable to the public or to any other branch of
government.
The judges and lawyers maintain their
stronghold on the legal system on the myth that they are the guardians of
the constitutional rights of the people and that the lawyers champion these
rights in a court of law that is just and fair.
However, the legal profession has become big
business, where justice is not the objective but, to keep the clock running
for billable hours for the maximum profit. Although judges and lawyers
hypothetically take an oath to uphold the laws and the constitution of the
land, in many cases that oath might as well have been taken on the cook
book, to brew up litigation to use the legal system for an assembly line
conversion of the victim's assets into fees, or to confiscate it outright.
Even if, there are some judges and lawyers
dedicated to the proper administration of justice, unfortunately there are
many who are not. To create fees, lawyers can litigate frivolous, false
claims or defenses endlessly and can drag on a simple case for years. To
stop the litigation, the attorneys can demand payment, a
so-called settlement which in many cases is nothing more than a form of
extortion. These practices not only harm the individual litigants but, is an
unconscionable waste of the taxpayers' money and clog up the court system.
Many judges acting in conjunction with
attorneys, abuse the judicial independence given to them in trust and
confidence of the people. The myth is dispelled when we are confronted by
judges who disregard the rules; allow the distortion of facts sometimes to
the point of perjury; exclude evidence; rely on laws which have no relevance
to the legal and factual issues; issue decisions which fabricate facts and
are contrary to the record; deliberately omit critical facts from the
record; fail to follow the controlling law and precedent; or issue decisions
without any stated facts or law; and approve unreasonable and unconscionable fees for
attorneys. It is not unusual that property and money are taken from the
victims without the required due process and the victims are left with
nothing or a token of what they had or were entitled to.
Read about the best judges money can buy
Click here Also please read
Judges Don't Care About My Life Click here.
Judges should be made accountable for the time they spend on the
bench Click here. A response
to ABA praising judges
Click here. A critical assessment of
judges by former judge John Malloy
click here.
According to a poll take by an American Bar Journal survey more than half of
Americans are angry and disappointed with the nation’s judiciary. A
majority of the survey respondents agreed with statements that "judicial
activism" has reached the crisis stage, and that judges who ignore voters’
values should be impeached. Nearly half agreed with a congressman who said
judges are "arrogant, out-of-control and unaccountable." To read go go
to,
http://www.abanet.org/journal/redesign/s30survey.html
To see the judicial selection method in the States go
to
http://www.ajs.org/selection/sel_state-select-map.asp
