Strengthening Constitutional Self-Government

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More Judicial Misconduct at the Sixth Circuit

I’ve previously written about the flouting of court rules by the Chief Judge of the Sixth Circuit Court of Appeals in the Michigan Affirmative Action cases. Indeed, we highlighted the matter in our brief to the U.S. Supreme Court supporting the petition for certiorari. Now comes news that the same Chief Judge ordered the court clerk not to circulate to other judges a government motion to stop a hearing that was delaying a scheduled execution, until after the hearing had begun. This Chief Judge seems to think that "the rule of law" is not even a law of rules, but a law unto himself. A formal complaint has been filed by Judicial Watch, but at some point, this lawless behavior has got to qualify for proceedings under Article III, Sec. 1 of the U.S. Constitution: "The Judges ... shall hold their Offices during good Behaviour."

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I found some interesting links which will conclusively prove that the present system of judicial discipline is a joke. These links describe a well-known problem that needs to be addressed. There is no "judicial discipline" with respect to the federal judiciary and that is a terrible mistake. "Absolute power corrupts." Every other branch of government is subject to some type of discipline except federal judges.

Chief Justice William H. Rehnquist, who recently appointed a six member commission to study judicial discipline, knows full well that complaints of judicial misconduct are routinely dismissed and NEVER acted on, no matter how bad the alleged and proven misconduct is. Moreover, complaints [section 372(c)] are kept in total secret. Additionally, complaints of judicial misconduct lodged through the appellate process are ignored as well. Judges, or law clerks, give themselves permission not to publish cases, consequently acts of misconduct never reach the light of day. There is no effective way to discipline a rogue federal judge and everybody in the legal profession is keenly aware of this fact. If you want to see how bad the current system is, then read the links provided below. These links will demonstrate every thing that is wrong with the current system. Congressman Sensebrenner and his committee should look into this matter.

For really outrageous behavior, read the links below and the documents referenced by the links. Download the documents and save them.

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