* * Chief Judge Sits In Judgment In His Own Case * *
- J.A.I.L. News Journal
Los Angeles, California April 5, 2004Chief Judge Sits In JudgmentIn His Own CaseIt is one of the maxims of law that no man can be a judge in his own case, but lo and behold, here it is folks. We know that judges are so unaccountable that they may do anything they wish, no matter how unlawful, how unconstitutional, how egregious, or whom it may hurt or destroy. This unaccountable practice, established by the judge-made doctrine of judicial immunity, is so strong that it is bound to happen that a judge would sit in judgment in his own matter.There is a biblical principle of "know ye not that a little leaven leaveneth the whole lump," meaning that ultimately there is no such thing as a little bit of evil. Those who tend to gardens understand this principle when it comes to weeds.In reading the following New York Times article, you will have to concentrate intensely on the names, and the players. Ironically, the defendant in this case is former Louisiana Governor Edwards, who is now serving ten years in prison for extortion in gambling enterprises overseen by the government.In response to discovery for facts by the former governor, Chief Judge Frank J. Polozola is claiming "irreparable injury to a national interest" as the reason for non-cooperation, while assuming the position of judge in his own case, and sealing the evidence by his own court order. When asked for comment regarding the conduct of Judge Polozola on handling his own case, the U.S. Attorney states that no comments will be made on a case now pending before Judge Polozola's court.This could provide an ideal script for a new movie. Any takers? If so, please don't forget to contact us, and cast it in light of the need for JAIL4Judges. -Ron Branson
Federal Judge Pulls His Suit From Courts Run by StateBy ADAM LIPTAK
New York TimesPublished: April 3, 2004
federal judge in Louisiana has taken control of an accident case involving his car and issued an order transferring evidence about his medical condition to a sealed federal court file.
The medical evidence is being sought by lawyers for former Gov. Edwin W. Edwards of Louisiana. Mr. Edwards is serving a 10-year sentence for extorting payoffs for casino riverboat licenses.
The former governor contends that the judge, Frank J. Polozola, should not have heard his criminal case in 1999 and 2000 because the judge admitted in his accident suit to being impaired and to using Oxy-Contin, a pain medication, in that period.
A lawyer for Mr. Edwards, Nathan Z. Dershowitz, called the intervention in the accident case outrageous.
"The notion that a federal judge can take over and enter orders in his own state case, in which he is a party, is to my knowledge unprecedented and shocking," Mr. Dershowitz said.
Experts in judicial ethics echoed that view. "This is really astonishing," Stephen Gillers, a law professor at New York University, said. "Polozola cannot be the judge of his own case. That's the first commandment of judicial ethics."
Through a judicial assistant, Judge Polozola, the chief judge of Federal District Court in Baton Rouge, declined to comment.
"He has a policy of not speaking to the media in any case pending before him," the aide, Jackie Gaudin, said.
Mr. Dershowitz said Mr. Edwards would appeal the judge's ruling.
In the accident case, filed in 1998, Judge Polozola, 62, sought compensation for a "serious physical injury" that caused him mental anguish and "impairment of function." In the trial in 2000, Mr. Edwards's lawyers wrote in filings, the judge engaged in "erratic, even paranoid" behavior. The accident case was settled in 2001, and testimony from the judge, his psychiatrist and his psychologist was sealed.
Mr. Edwards's lawyers, in challenging his conviction, recently sought to unseal those records. That led to a request from federal prosecutors last week that Judge Polozola take control of the state court case to avoid "irreparable injury to a national interest."
Twenty minutes after prosecutors filed that request, Judge Polozola ordered the evidence in his accident case transferred to federal court and sealed.
The United States attorney in New Orleans, James Letten, declined to comment, citing the pending federal case. ....
Our thanks for sending us this article goes to:
Pastor M. D. McCubbins
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