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139431A 3-step plan of action for judicial wrongdoing exposure and reform

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  • Richard Cordero
    Aug 18, 2014
    • 0 Attachment
      Dear Mr. Wilson and Dignity Alliance Members,



      Thank you for watching the interview(http://dai.ly/x2362o
      <http://dai.ly/x2362oh>) with me by Alfred Lambremont Webre, JD, MEd, and
      your kind words for my work.



      As for your request for a suggestion on how you and Dignity Alliance can
      expose wrongdoing judges and reform the judiciary in Scotland, I would like
      to oblige you with a plan of action in three steps that can be applied
      there as well as here in the U.S. and everywhere else:

      A. Read a model study;

      B. Describe in a study the state of your judiciary;

      C*.* Propose a strategy, a plan of action, and presentations.



      Thus, I will send you and share with others this email also under the
      Subject line “A 3-step plan of action for judicial wrongdoing exposure and
      reform”.


      A. Read the study of the U.S. Federal Judiciary and develop a similar one
      for the Scottish judiciary



      1. I have researched and written a study of the U.S. Federal Judiciary
      titled, Exposing Judges' Unaccountability and Consequent Riskless Wrongdoing:
      Pioneering the news and publishing field of judicial unaccountability
      reporting(title page).



      *NOTE: All (parenthetical) and [bracketed] blue text is references to
      supporting sections§ or paragraphs¶, and foot- and endnote superscripts,
      respectively, found in the study(see next) downloadable through either of
      these links:

      http://Judicial-Discipline-Reform.org/OL/14-8-18DrRCordero-MrCWilson_DignityAlliance.pdf
      <http://judicial-discipline-reform.org/OL/14-8-18DrRCordero-MrCWilson_DignityAlliance.pdf>

      or

      https://www.dropbox.com/s/rqw00v30ex3kbho/DrRCordero-Honest_Jud_Advocates.pdf
      >ol:127

      or

      https://drive.google.com/file/d/0Bx26luEuzfjgZTUwUkJIc3FNYnM/edit?usp=sharing
      >ol:127

      or

      http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>
      >ol:127



      In the downloaded file, the blue text represents active cross-referential
      links that facilitate jumping to the corresponding references to check them.

      If you cannot download the file through any of those links, please let me
      know by emailing me at Dr.Richard.Cordero.Esq@....



      2. I suggest that you read the first three introductory pages after the
      title page. They contain a preface(i), an abstract(ii), and a summary of
      the parts(iii) of the study. Click on as many((parenthetical) and
      superscript blue text)[references] as possible, whereby you will
      effortlessly call up to the screen supportive and additional information
      found mostly in official judicial statistics, reports, decisions, and
      statements of the federal courts or their judges(jur:ii), or links to
      download them.



      3. Read, analyze, draw implications, and learn as much as you can, for
      Knowledge is Power.



      4. Research and write a similar study of your judiciary. You might wish to
      consider the structure of mine, whose parts, described in the Executive
      Summary(Prefatory:iii
      <https://www.dropbox.com/s/rqw00v30ex3kbho/DrRCordero-Honest_Jud_Advocates.pdf>),
      reveal a logical progression from describing the judiciary to prescribing
      action for an organization and its supporters.


      B. Establish the state of your judiciary by identifying the salient,
      objective elements of coordinated judicial wrongdoing



      5. Impressionistic statements of judicial wrongdoing based on anecdotic
      accounts of ‘disgruntled losers’ in court do not convince anybody but those
      who want to have their animosity toward judges confirmed. They do not
      provide the basis for professional, responsible discussion and action.



      6. Hence, when describing the state of your judiciary, you should focus on
      the concrete, objective, and thus verifiable. Nothing allows accomplishing
      that task more convincingly than a judiciary’s (126¶270b) statistics
      analyzed with trained reasoning, yet made understandable to untrained
      people(jur:10-14). This part should reveal the seriousness of your research(
      21§A) and capture the attention of the public, advocates of honest
      judiciaries, journalists, lawyers, donors, and legislators.



      7. Consider the poignancy of the following brief description of the Federal
      Judiciary:



      a. Federal judges hold all their administrative, adjudicative,
      policy-making, and disciplinary meetings behind closed doors[29] and never
      appear at a press conference[71]. Secrecy breeds self-indulgence and
      disregard for the law; it allows turning entrusted power into private
      property, and makes its abuse tempting, concealable, widespread, routine…an
      entitlement.



      b. Chief circuit[22a] judges abuse the Judiciary’s statutory[18a]
      self-disciplining authority by dismissing 99.82%(jur:10) of complaints
      against their peers; with other judges they deny up to 100% of appeals to
      review such dismissals(24§b). Thereby they have arrogated to themselves the
      power to abrogate the act of Congress providing for the filing of those com
      plaints and their appeal[18bc].



      c. Judges have even immunized themselves for ‘acting maliciously,
      corruptly, and in excess of authority’(26§d). By so doing, they have in
      effect amended the U.S. Constitution[12b], arrogating to themselves the
      power of at least 37 states(Art. V), by deleting its provision in Art. III,
      Sec. 1, limiting their hold on office “during good Behaviour”; carving for
      themselves an exception from Art. II, Sec. 4, which provides for the
      impeachment of “all civil Officers”; and depriving the people of their
      right under the 1st Amendment “to petition Government [judges] for a
      redress of grievances [against them]”.



      d. Up to 9 of every 10 appeals are disposed of ad-hoc through no-reason
      summary orders[66a] or opinions so “perfunctory”[68] that they are neither
      published nor precedential[70], raw fiats of star-chamber power. They are
      as difficult to find as if they were secret; and if found, meaningless to
      litigants and the public, for most frequently their only operative word is
      the easiest: ‘affirmed!’(43§1). They defeat the purpose of public rulings:
      to provide notice, predictability, consistency, and a constraint on
      arbitrary and capricious judicial power.



      e. Circuit judges appoint bankruptcy judges[61], whose rulings come on
      appeal before their appointers, who protect them. In CY10, these appointees
      decided who kept or received the $373 billion at stake in only personal
      bankruptcies[31]. About 95% of those bankruptcies are filed by individuals;
      bankrupt, the great majority of them appear pro se[33] and, ignorant of the
      law, they fall prey to a bankruptcy fraud scheme(66§2).



      f. While 80% of all cases filed every year in the Federal Judiciary are
      brought in its bankruptcy courts, only .23% are reviewed by district courts
      and fewer than .08% by circuit courts(28§3). Such unreviewability of
      bankruptcy rulings makes them in effect secret. It enables judges to run
      bankruptcy courts as their private fiefdom, allowing them the indispensable
      arbitrariness and unlawfulness to run the bankruptcy fraud scheme:
      Unreviewable exercise of power turns it into ‘absolute power, the kind that
      corrupts absolutely’[32].



      g. Federal judges together with bankruptcy and legal system insiders[169]
      run[60] the scheme risklessly, for in the 225 years since the creation of
      their Judiciary in 1789, only 8[11] –2,131 federal justices, judges, and
      magistrates were in office on 30sep11[13]– have been impeached and removed[
      14] from the bench.



      h. Those who implicitly or explicitly give assurance of silence before
      and/or after a wrong become liable as accessories. They too, just as the
      principals, corrupt the integrity of the Judiciary and wrong litigants and
      the rest of the public. All are responsible for the historic assurance that
      a federal judgeship is a safe haven for judges that engage in wrongdoing
      individually as well as in its most corruptive form, coordinated wrongdoing.
      The latter, by increasing its risklessness, efficiency, and profitability,
      turns wrongdoing into the judiciary’s institutionalized modus operandi.(
      88§§a-c)



      i. In self-interest, politicians recommend, nominate, and confirm as judges
      people of their own ilk. Thereafter, they hold them unaccountable(50¶95)
      because a single federal judge, whether honestly or abusively to retaliate
      for himself or a peer being investigated for wrongdoing, can hold
      unconstitutional what 535 members of Congress and the president have
      debated, voted, and enacted; and by so doing, can doom their legislative
      agenda[17a].



      j. Unelected, life-tenured, and beyond democratic control, federal judges
      act with impunity for their professional(25§c; 60§f), social(62§g), and
      material(27§2; 32§2) benefit(5§3).



      k. Given their secrecy and unaccountability, judges can allow themselves to
      be influenced by the most insidious corruptor32], *money!*(27§2), which
      offers especially tempting profitability rates(71§4) since judges need not
      invest in means to avoid detection and punishment.



      8. If your bosses knew that they were entrenched in their jobs for life and
      could unaccountably wield power for their benefit regardless of whom they
      injured, and neither Congress, the President nor the media would dare
      criticize, let alone investigate, them, would such unchecked power,
      unbalanced due to lack of penalizing consequences, corrupt them absolutely[
      28], causing them to abuse with a sense of entitlement your rights,
      property, liberty, and life? From the hands of judges that engage in such
      conduct it is not reasonable to expect to receive Equal Justice Under Law.


      C. Propose exposing judges’ wrongdoing by pursuing outside the courts a
      unique case capable of outraging the public and stirring it into
      reformative action


      1. Avoiding judges-judging-judges futility through extra-judicial action



      9. The previous descriptive part of the study should have convinced you and
      your fellow members that filing lawsuits against judges is doomed to
      failure.



      10. Judges will never allow defendant judges, who may have been their
      peers, colleagues, and friends for 1, 5, 10, 15, 20, 30 years or more to be
      exposed through judicial complainant’s discovery, never mind held liable to
      him. During those years, judges have learned too much about each other’s
      wrongdoing to run the risk that a defendant judge may settle her case on
      more favorable terms by offering to give incriminating information, perhaps
      even testimony, about a ‘bigger fish’ or the judiciary’s whole school of
      fish (51¶103).



      11. Worse yet, a successful case may attract a prosecutor’s attention…“*the
      horror of it!*”



      12. This warrants the adoption of an extrajudicial strategy(jur:xxix) for
      exposing judges’ wrongdoing. It is not centered on exposing one wrongdoing
      judge after the other through suits doomed to be dismissed or lost. Rather,
      it focuses on exposing a whole judiciary that does wrong due to its
      insidiously corruptive coordination of wrongdoing. Rogue judges only
      warrant their removal from the bench; coordinated judicial wrongdoing
      requires the judiciary’s reform as an institution.


      2. Trojan horse strategy: a uniquely outrageous case that leads to the
      circumstances enabling coordinated wrongdoing throughout the judiciary



      13. The strategy is based on advocates of honest judiciaries making
      presentations(ol:73§A) of evidence of judges’ wrongdoing, in general, and
      of one case involving such wrongdoing at the highest level of the
      judiciary, in particular, thus interesting professional and citizen
      journalists(jur: xxxix; jur:xlv§§E-I) in investigating it further because
      of the material and moral rewards(ol:3§F) that they can earn through it
      and, more importantly, by pursuing and revealing the circumstances that
      have enabled individual and especially coordinated wrongdoing to become
      pervasive.



      14. Their reports should so outrage the public as to stir it up to force
      investigations by politicians in the legislative and executive branches,
      lest they be denied the public’s election campaign donations, volunteered
      work, word of mouth support, survey endorsements and, if not thus forced
      out of the electoral race, its vote at the polls.



      15. Politicians and a special prosecutor, wield intrusive investigative
      powers, i.e., to issue subpoena, search & seizure and contempt orders;
      charge interviewees with obstruction of justice, interrogate under oath,
      plea bargain, hold public hearings, etc. Those powers will allow them to
      make findings of judges’ wrongdoing that will exacerbate public outrage. An
      outraged public will compel reform to ensure an honest judiciary.



      16. Hence, look for the rationale for, and unique national cases
      equivalent to, the President Obama-U.S. Supreme Court Justice Sotomayor
      case and the *Follow the money!* investigation; and the Federal
      Judiciary-NSA case and the *Follow it wirelessly!* investigation(ol:100).


      3. Legislated, non-discretionary, reform, and constitutional amendments



      17. The strategy can be implemented through a plan of action(Lsch:10§B)
      with concrete investigative activities(ol:115). Its implementation can lead
      to legislated(158§§6-8) judicial reform that prescribes new organizational,
      procedural, and performance requirements for the Judiciary and its judges.



      18. A constitutional convention[270>Ln:309] can eliminate their
      accountability- and democracy incompatible life-tenure.



      19. The unacceptable alternative would be a grant of authority to the
      Judiciary for it to decide how to police itself, which has proved(supra ¶4b)
      a foreseeable[105a-b] failure.



      20. The ‘separate but equal powers’ doctrine is drawn also by self-serving,
      tortuous implication from the Constitution’s dedicating a separate article
      to each of the three branches of government…as it does regarding other
      subjects. Such separation does not mean that its drafters, let alone *We
      the People* –its first three words– wanted to separate the judiciary from
      every control, whether direct by the people or through its representatives,
      and empower judges to apply to themselves the principle “The King can do no
      wrong”.



      21. *The People* rejected that principle through the American Revolution to
      adopt a republican form of ‘government, not of men, but by the rule of law’[
      ol:5fn6].



      22. As the sovereign source of political power, they became the masters who
      hired all public officers as their public servants, including judicial
      ones, to render *the People* needed services and be held accountable by
      them in application of a new principle: ‘government of, by, and for the
      people’[172].



      23. Today, a public outraged by the exposure of judges’ wrongdoing can
      assert its right to impose new ‘terms of employment’ on all its public
      servants, beginning with judges. To inform itself on their use of the
      power, not parted with on their behalf, but only entrusted to them to
      perform their duties, the public can practice “reverse surveillance”(ol:29)
      on them to know for what to hold them accountable.



      24. Four new employment terms(Lsch:10¶6) will constitute the foundation of
      substantive, non-discretionary reform: transparency of individual and
      institutional performance based on open-door meetings; and the
      establishment of independent citizen boards of judicial accountability –through
      publicly filed and investigated complaints– and discipline –by imposing
      fines, demotion to lesser duties, and liability to compensate their
      wrongdoing victims–(160§8).



      25. These are basal concepts that the Scottish people can apply when
      reorganizing their self-government if they vote for their independence from
      the U.K. on the September 18 referendum.


      4. From presentations of judges’ wrongdoing evidence to *the People*’s
      Sunrise



      26. You and Dignity Alliance can offer, as I do, to present(Lsch:9) at
      private meetings and conferences with journalists(ol:22, 26, 88); schools(
      129§b) of journalism(ol:54; Lsch:23), law(Lsch:1, 21), business(104¶¶236-237),
      and IT(ol:42, 60); public interest entities(86§4); etc., our respective:



      a. official statistics, reports, and statements of the judiciary and its
      judgesii and their analysis showing judicial unaccountability and
      consequent riskless wrongdoing(21§§A-B);



      b. the further(ol:66
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>
      ) investigation of the unique case(ol:100) and a proposal for a documentary(
      ol:85), both of which can expose judges’ wrongdoing and outrage the public;
      and



      c. the formation of a multidisciplinary academic(ol:115) and business
      venture to Pioneer the news and publishing field of judicial
      unaccountability reporting(119§1) and advocate reform; and the team of
      professionals(128§4) who should run it as the precursor to an institute(
      130§5
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>
      ).



      27. You and Dignity Alliance can participate in activities(ol:119) that set
      in motion a process leading to reform that begins in the judiciary on those
      new terms of master-servant employment and extends to the rest of
      government.



      28. A new *We the People*-government relation can emerge from an outraged
      public enlightened with information and self-awareness of its status as it
      develops into *the* *People*’s Sunrise civic movement(ol:29).



      29. It can set an example that is followed abroad. So I encourage you to share
      this email widely with all other advocates of honest judiciaries.



      I would be grateful to you if you would acknowledge receipt of this email
      for the reasons stated at ol:17§D.



      *Dare trigger history!*(jur:7§5
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>)…and
      you may enter it.



      Sincerely,



      Dr. Richard Cordero, Esq.

      Judicial Discipline Reform

      New York City

      Dr.Richard.Cordero.Esq@...

      See also:

      http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>
      >ol:100

      or

      https://www.dropbox.com/s/rqw00v30ex3kbho/DrRCordero-Honest_Jud_Advocates.pdf
      >ol:100

      or

      https://drive.google.com/file/d/0Bx26luEuzfjgZTUwUkJIc3FNYnM/edit?usp=sharing
      >ol:100

      or

      http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf
      <http://judicial-discipline-reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf>
      >ol:100



      If you cannot download the file through any of those links, please let Dr.
      Cordero know by emailing him at Dr.Richard.Cordero.Esq@....



      www.linkedin.com/pub/dr-richard-cordero-esq/4b/8ba/50/

      *******************************************


      [Non-text portions of this message have been removed]
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