Friday, August 31, 2007

* * * Florida Judge Under Fire * * *

J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law
______________________________________________________
Los Angeles, California                                   August 31, 2007

______________________________________________________

The Battle Lines are Drawn:  J.A.I.L. versus The Foreign Power 

A Power Foreign to Our Constitution

Mission Statement      JNJ Library        Federal J.A.I.L.

FAQs              What?MeWarden?
www.sd-jail4judges.org

Florida Judge Under Fire

"The commission's full inquiry would end with

recommendations for discipline to the  

 Florida Supreme Court,

 up to removal from the bench." 


Eleven days ago, on August 20th, we published a J.A.I.L. News Journal titled Judiciary: Going Down for the Third Time http://www.jail4judges.org/JNJ_Library/2007/2007-08-20.html regarding the Florida Judiciary in a publicity crisis and lawyers rushing to its rescue, a member of the rescue team stating "We have a great judiciary. We just have to prove it to the public."

 

The following day, August 21st, we published Ohio Judge Under Fire http://www.jail4judges.org/JNJ_Library/2007/2007-08-21.html which we introduced by stating: "We recently reported that the Florida judiciary were suffering a publicity crisis, and that an effort is being made for lawyers to prop up their image. Right on the heels of the Florida report, comes news of an Ohio judge under fire."

 

Ten days after that, we're back to the Florida crisis with a report of a Florida judge under fire. This series of reports further confirms former Justice Sandra Day O'Connor's fears:

Former Justice Sandra Day O'Connor has publicly expressed concern about the attacks on the judiciary throughout the country. Taken from The Judiciary Under Attack as Never Before http://www.jail4judges.org/JNJ_Library/2007/2007-04-06.html: Former Supreme Court Justice Sandra Day O'Connor is propagating false and misleading charges against JAIL4Judges in seeking to undermine the obvious need for Judicial Accountability in this country. But people are gradually waking up. Yes, she is right about one thing: the judiciary is under attack as never before in her lifetime, nonetheless, we have but only begun. The subject of Judicial Accountability shall grow and grow and grow until it dominates every other political issue, and takes center stage. This is what frightens Sandra Day O'Connor and the judiciary of this country so much.
 
Pensacola News Journal
Published - August, 31, 2007 
Allen not unfit as judge, lawyers argue

Judge's 2006 opinion said Charles Kahn should have recused himself in Childers case

Paul Flemming
News Journal capital bureau
TALLAHASSEE  Like it or lump it, Judge Michael Allen's scathing written opinion in the appeal of W.D. Childers' bribery case doesn't make him unfit to be a judge, his lawyers argue.

Wally Pope, the lawyer for the Judicial Qualifications Commission, said Allen's actions were "uncaring, unjustified and motivated by ill will" against fellow 1st Circuit Court of Appeal Judge Charles Kahn, reason enough to pursue ethics charges.

But Allen's lawyers Thursday argued that ethics charges against the judge should be dismissed because Allen's opinion did not fulfill the basic requirements to pursue an ethics case.

"All Judge Allen's opinion did was show his reason for (voting to have the entire court hear) the Childers' case," said Bruce Rogow, an attorney for Allen. "You can like it or don't like it, but there's nothing in there that shows a present unfitness to hold office."

Broward County Circuit Judge Paul Backman, chairman of the hearing panel of the Judicial Qualifications Commission considering the case, said he would make a ruling on the motion to dismiss as soon as possible.

Pope defended the inquiry and argued it should be allowed to proceed.

"These are questions of fact relating to intent, malice and the turmoil that has ensued from Judge Allen's actions," Pope said. "This is just not the kind of case that should be decided on a motion to dismiss."

The commission's full inquiry would end with recommendations for discipline to the Florida Supreme Court, up to removal from the bench.

In May, the commission began its formal inquiry against Allen. The inquiry is based on a complaint brought by Martin Levin, son of Fred Levin, the prominent Pensacola attorney in the middle of charges Allen leveled against Kahn in a 2006 concurring opinion to uphold the bribery conviction of legendary Florida politician Childers.

Childers, 73, remains in prison at the Glades Work Camp in Palm Beach County. The former Florida Senate president is provisionally set for release Sept. 5, 2009. He's serving the sentence from his bribery conviction for actions while he served as chairman of the Escambia County Commission.

In his 2006 opinion, Allen said because Kahn was a former law partner in Fred Levin's firm and appointed to the bench by former Gov. Lawton Chiles, Kahn should have recused himself from Childers' appeal.

Allen drew connections between Levin, Childers, Chiles, Florida's landmark $13 billion tobacco settlement and the $250 million in fees associated with the case, and ultimately Kahn.

"More suspicious members of the public would have assumed that Judge Kahn had simply returned past favors provided to him by Mr. Levin and Mr. Childers," Allen wrote in his opinion.

J.A.I.L. (Judicial Accountability Initiative Law) www.jail4judges.org  

To manage subscription, place the word Subscribe or Unsubscribe

in 'subject' line and hit reply. Your request will be automatically & instantly

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Our Founding Fathers said, "...with a firm reliance on the protection of Divine

Providence, we mutually pledge to each other our lives, our fortunes, and

our sacred honor." Declaration of Independence. We are a ministry in great need of your financial support. Send your donations for this vitally important work to:

J.A.I.L.  P.O. Box 207, North Hollywood, CA 91603

 

J.A.I.L. is a unique addition to our Constitution heretofore unrealized.

JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!

 

E-Group sign on at http://groups.yahoo.com/group/jail4judges/join

Visit our active flash - http://www.jail4judges.org/national_001.htm

 

*   *   *

He has combined with others to subject us to a jurisdiction foreign to

our constitution, and unacknowledged by our laws; giving his assent to

their acts of pretended legislation.    - Declaration of Independence
 
"..it does not require a majority to prevail, but rather an irate, tireless

minority keen to set brush fires in people's minds.."  - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is

striking at the root."   -- Henry David Thoreau                     ><)))'>
 

posted by fritz at 9:35 PM 0 comments

* * * Florida Judge Under Fire * * *

J.A.I.L. News Journal
Judicial  Accountability  Initiative  Law
______________________________________________________
Los Angeles, California                                   August 31, 2007

______________________________________________________

The Battle Lines are Drawn:  J.A.I.L. versus The Foreign Power 

A Power Foreign to Our Constitution

Mission Statement      JNJ Library        Federal J.A.I.L.

FAQs              What?MeWarden?
www.sd-jail4judges.org

Florida Judge Under Fire

"The commission's full inquiry would end with

recommendations for discipline to the  

 Florida Supreme Court,

 up to removal from the bench." 


Eleven days ago, on August 20th, we published a J.A.I.L. News Journal titled Judiciary: Going Down for the Third Time http://www.jail4judges.org/JNJ_Library/2007/2007-08-20.html regarding the Florida Judiciary in a publicity crisis and lawyers rushing to its rescue, a member of the rescue team stating "We have a great judiciary. We just have to prove it to the public."

 

The following day, August 21st, we published Ohio Judge Under Fire http://www.jail4judges.org/JNJ_Library/2007/2007-08-21.html which we introduced by stating: "We recently reported that the Florida judiciary were suffering a publicity crisis, and that an effort is being made for lawyers to prop up their image. Right on the heels of the Florida report, comes news of an Ohio judge under fire."

 

Ten days after that, we're back to the Florida crisis with a report of a Florida judge under fire. This series of reports further confirms former Justice Sandra Day O'Connor's fears:

Former Justice Sandra Day O'Connor has publicly expressed concern about the attacks on the judiciary throughout the country. Taken from The Judiciary Under Attack as Never Before http://www.jail4judges.org/JNJ_Library/2007/2007-04-06.html: Former Supreme Court Justice Sandra Day O'Connor is propagating false and misleading charges against JAIL4Judges in seeking to undermine the obvious need for Judicial Accountability in this country. But people are gradually waking up. Yes, she is right about one thing: the judiciary is under attack as never before in her lifetime, nonetheless, we have but only begun. The subject of Judicial Accountability shall grow and grow and grow until it dominates every other political issue, and takes center stage. This is what frightens Sandra Day O'Connor and the judiciary of this country so much.
 
Pensacola News Journal
Published - August, 31, 2007 
Allen not unfit as judge, lawyers argue

Judge's 2006 opinion said Charles Kahn should have recused himself in Childers case

Paul Flemming
News Journal capital bureau
TALLAHASSEE  Like it or lump it, Judge Michael Allen's scathing written opinion in the appeal of W.D. Childers' bribery case doesn't make him unfit to be a judge, his lawyers argue.

Wally Pope, the lawyer for the Judicial Qualifications Commission, said Allen's actions were "uncaring, unjustified and motivated by ill will" against fellow 1st Circuit Court of Appeal Judge Charles Kahn, reason enough to pursue ethics charges.

But Allen's lawyers Thursday argued that ethics charges against the judge should be dismissed because Allen's opinion did not fulfill the basic requirements to pursue an ethics case.

"All Judge Allen's opinion did was show his reason for (voting to have the entire court hear) the Childers' case," said Bruce Rogow, an attorney for Allen. "You can like it or don't like it, but there's nothing in there that shows a present unfitness to hold office."

Broward County Circuit Judge Paul Backman, chairman of the hearing panel of the Judicial Qualifications Commission considering the case, said he would make a ruling on the motion to dismiss as soon as possible.

Pope defended the inquiry and argued it should be allowed to proceed.

"These are questions of fact relating to intent, malice and the turmoil that has ensued from Judge Allen's actions," Pope said. "This is just not the kind of case that should be decided on a motion to dismiss."

The commission's full inquiry would end with recommendations for discipline to the Florida Supreme Court, up to removal from the bench.

In May, the commission began its formal inquiry against Allen. The inquiry is based on a complaint brought by Martin Levin, son of Fred Levin, the prominent Pensacola attorney in the middle of charges Allen leveled against Kahn in a 2006 concurring opinion to uphold the bribery conviction of legendary Florida politician Childers.

Childers, 73, remains in prison at the Glades Work Camp in Palm Beach County. The former Florida Senate president is provisionally set for release Sept. 5, 2009. He's serving the sentence from his bribery conviction for actions while he served as chairman of the Escambia County Commission.

In his 2006 opinion, Allen said because Kahn was a former law partner in Fred Levin's firm and appointed to the bench by former Gov. Lawton Chiles, Kahn should have recused himself from Childers' appeal.

Allen drew connections between Levin, Childers, Chiles, Florida's landmark $13 billion tobacco settlement and the $250 million in fees associated with the case, and ultimately Kahn.

"More suspicious members of the public would have assumed that Judge Kahn had simply returned past favors provided to him by Mr. Levin and Mr. Childers," Allen wrote in his opinion.

J.A.I.L. (Judicial Accountability Initiative Law) www.jail4judges.org  

To manage subscription, place the word Subscribe or Unsubscribe

in 'subject' line and hit reply. Your request will be automatically & instantly

processed. (Note: Program will not permit re-subscribes once unsubscribed.)

 

Our Founding Fathers said, "...with a firm reliance on the protection of Divine

Providence, we mutually pledge to each other our lives, our fortunes, and

our sacred honor." Declaration of Independence. We are a ministry in great need of your financial support. Send your donations for this vitally important work to:

J.A.I.L.  P.O. Box 207, North Hollywood, CA 91603

 

J.A.I.L. is a unique addition to our Constitution heretofore unrealized.

JAIL is powerful! JAIL is dynamic! JAIL is America's ONLY hope!

 

E-Group sign on at http://groups.yahoo.com/group/jail4judges/join

Visit our active flash - http://www.jail4judges.org/national_001.htm

 

*   *   *

He has combined with others to subject us to a jurisdiction foreign to

our constitution, and unacknowledged by our laws; giving his assent to

their acts of pretended legislation.    - Declaration of Independence
 
"..it does not require a majority to prevail, but rather an irate, tireless

minority keen to set brush fires in people's minds.."  - Samuel Adams
 
"There are a thousand hacking at the branches of evil to one who is

striking at the root."   -- Henry David Thoreau                     ><)))'>
 

posted by fritz at 9:35 PM 0 comments