Judges Behaving Badly

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Plutodog
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Re: Judges Behaving Badly

#401

Post by Plutodog » Fri Jun 24, 2016 8:45 pm

Oregon State Bar Investigating Amanda Marshall for Misconduct
The Oregon State Bar has opened an investigation into whether Amanda Marshall committed misconduct while serving as U.S. attorney of Oregon.

Marshall resigned the position last year amid allegations she had an inappropriate relationship with a subordinate – one of her assistant U.S. attorneys.

Earlier this month, the U.S. Department of Justice's Inspector General announced results of an investigation into an unnamed U.S. attorney. Marshall, who is now in private practice in McMinnville, confirmed she was the subject of the investigation.

The federal investigation found Marshall had engaged in a more than yearlong "intimate and personal" relationship with an assistant prosecutor and continued to participate in work matters involving the subordinate. The investigation, announced June 7, also found Marshall violated sexual harassment laws, lied to investigators and tried to block the investigation.
Rest at the link...


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Re: Judges Behaving Badly

#402

Post by NMgirl » Sat Jun 25, 2016 1:36 am

wavey davey wrote:
TollandRCR wrote:
wavey davey wrote:... I refer, of course, to the (alleged) Leland Stanford Jr. Marching Band. By alleged, I mean the marching part. They don't march, they shamble about.
They don't play none too well neither.
That too, also.


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Re: Judges Behaving Badly

#403

Post by mmmirele » Wed Aug 10, 2016 11:58 am

This is a case that has been going on since 1976 where the Uintah and Ouray tribe are tussling with the local towns in far northeastern Utah over who should have jurisdiction in criminal cases which involve tribe members and occur on the reservation.
The tribe has engaged in litigation against the state and local governments for decades now, alleging that tribal members are being prosecuted for crimes committed on reservations, when they should face federal charges. Previous court rulings had sided with the tribe. The 10th Circuit Court chastised the local governments for prolonging the litigation.
I'm putting it here because, well...
In its ruling Tuesday, the 10th Circuit Court sided with the tribe again, ordering a reversal of a lower court judge’s decision granting Myton’s dismissal of the lawsuit. The court also ordered that another judge begin hearing the cases instead of U.S. District Court Judge Bruce Jenkins.

In a previous ruling, another judge rejected claims that Jenkins should not handle the cases because he was “biased, senile and Mormon.” Still, the 10th Circuit Court said it was time another judge heard the case.

“But the fact remains that the district court, in Ute VI and again today, has twice failed to enforce this court’s mandate in Ute V and has given us little reason to hope that things might change on remand or that this long lingering dispute will soon find the finality it requires. Accordingly, while we see no sign of bias in this case, we conclude reassignment of this and all related disputes is required to ensure their just and timely resolution,” the court said.
http://fox13now.com/2016/08/09/after-40 ... y-lawsuit/

It should be noted that Judge Jenkins is 89 years old and was nominated to the court by Jimmy Carter. If you want to see what a federal judge in Oklahoma had to say about the idea of bouncing Judge Jenkins from the case because he's Mormon, here's a link to that story:

http://fox13now.com/2016/07/27/court-wo ... nd-mormon/

Personally, I think the lawyers representing the Uintah and Ouray were really, really reaching here.



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TollandRCR
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Re: Judges Behaving Badly

#404

Post by TollandRCR » Wed Aug 10, 2016 12:10 pm

Jenkins grew up in a Mormon family but now describes his religious side as "Mormon by heritage, Christian by choice and Buddhist by inclination."
http://www.sltrib.com/news/2311580-155/ ... fullpage=1


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Re: Judges Behaving Badly

#405

Post by Volkonski » Mon Aug 22, 2016 8:21 am

This was a hearing in which the defendant was trying to get a different public defender claiming that his current public defender had demanded that he perform oral sex on him (which seems unlikely as the defendant was in custody). He was upset that his lawyer had him have a psychiatric examination. He also claimed that his lawyer had not provided him with copies of all the discovery documents which claim the lawyer denied. The defendant was very hostile and threatened to kill the judge's family including graphic descriptions about how he would do it.

‘You’ll find out how nasty I really am’: A judge’s seething response to a hostile defendant

https://www.washingtonpost.com/news/pos ... ee3aa5393e
Denver Fenton Allen, the defendant in a murder case, repeatedly threatened a judge and hurled crude obscenities and aggressive remarks during a hearing, the Atlanta Journal-Constitution reported

:snippity:

Durham: I — I am finding — I’m finding you in contempt of court,” Durham said, after Allen made a obscene comment.

Allen: I don’t care.

Durham: I know you don’t. And I sentence you to 20 days for that. And if you say anything else, I’m going to add 20 days for everything you say.

Allen: F— you.

Durham: Forty days.

Allen: F— you again.

Durham: Sixty.

Allen: Go f— yourself.

Durham: A year.

Allen: Your mama.

Durham: Ten years.

:snippity:

It’s unclear if Durham’s comments could result in any disciplinary action. The Journal-Constitution reports:

The judge, while provoked in the extreme, made comments that could land him in trouble with the state judicial ethics agency. He not only exchanged vulgarities with Allen, he also said it was his “guess” that he’d find Allen guilty and that Allen would find out ‘how nasty I really am.’
The judge also told the defendant that he looked like a homosexual (after the defendant bragged about having sex with white boys) and said that the defendant had a constitutional right to be a dumbass .

The full transcript is here-



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Re: Judges Behaving Badly

#406

Post by NMgirl » Tue Aug 23, 2016 11:24 am

Judge Aaron Persky (the Stanford swimmer rape case) in the news again:

http://www.rawstory.com/2016/08/stanfor ... ncy-again/



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Re: Judges Behaving Badly

#407

Post by NMgirl » Tue Aug 23, 2016 11:38 am

NMgirl wrote:Judge Aaron Persky (the Stanford swimmer rape case) in the news again:

http://www.rawstory.com/2016/08/stanfor ... ncy-again/
Off Topic
Because of the Brock Turner case, Stanford has banned hard liquor at undergraduate parties. That will be effective. :sarcasm:



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Re: Judges Behaving Badly

#408

Post by NMgirl » Fri Aug 26, 2016 1:45 am

Follow-up on Judge Aaron Persky (Stanford rape case):



Perksy asked for, and was granted, a move from criminal cases to civil cases.



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Re: Judges Behaving Badly

#409

Post by RTH10260 » Tue Aug 30, 2016 10:05 pm

and the swimmer in the news now:
Brock Turner to be released from jail after serving half of six-month sentence in Stanford sexual assault case

Matt Hamilton

Former Stanford University student Brock Turner, who was convicted of sexually assaulting a woman and sentenced to six months in jail — a penalty criticized for its leniency — is scheduled to be released from jail Friday, according to public records.

If released this week from the Santa Clara County jail, Turner will have completed half the jail term imposed by Superior Court Judge Aaron Persky, who faces a recall campaign over his handling of Turner’s case.
http://www.latimes.com/local/lanow/la-m ... story.html



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Re: Judges Behaving Badly

#410

Post by gupwalla » Thu Sep 01, 2016 7:41 pm

Patagoniagirl wrote:A Florida Judge sentencing a domestic violence victim to three day in jail. Worth listening to. I have a name for the judge in this video, but choose not to use that word here.

http://www.wftv.com/news/news/local/vid ... vio/nnwwh/
The Florida Supreme Court weighs in:

https://www.youtube.com/watch?v=gM7Q5M2Yuy0


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Re: Judges Behaving Badly

#411

Post by Mikedunford » Tue Sep 27, 2016 12:52 am

Eastern District of NY federal judge throws temper tantrum because Facebook's law firm didn't send a partner to a status conference:

http://abovethelaw.com/2016/09/judge-re ... ourt/?rf=1

Transcript:
http://nylawyer.nylj.com/adgifs/decisio ... script.pdf

The associate on the receiving end of the judge's displeasure is admitted in ED NY, and had entered an appearance prior to the status conference.


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Re: Judges Behaving Badly

#412

Post by RTH10260 » Sun Oct 23, 2016 9:57 am

I guess there is a another fresh case....
US News Judge Who Gave Montana Man Light Sentence for Incest draws Calls For Impeachment

By Chika Dunu, Epoch Times | October 18, 2016 AT 2:52 PM Last Updated: October 18, 2016 2:56 pm

Martin Blake was given a prison-free sentence by Montana judge John McKeon after he pleaded guilty to one count of incest on Oct. 4. The lenient sentenced has sparked outrage and a petition calling for the impeachment of McKeon. (Valley County Sheriff's Office)

A Montana judge is under fire after reducing the punishment in an incest case involving a father and his 12-year-old daughter.

Valley County District Court Judge John McKeon sentenced Martin Blake, 40, on Oct. 4 for one count of felony incest to 30 years to the Montana State Prison with all of the time suspended, reported the Glasgow Courier. In addition to his 30-year suspended prison sentence, Blake was sentenced to 60 days in jail with credit for 17 days.

McKeon also ordered that Blake complete community-based sex-offender treatment and register as a sex offender. McKeon, who is set to retire next month, called his prison-free sentence “quite restrictive” and “quite rigorous.”

Michael Sullivan, the director of the South Central Treatment Associates, determined that Blake could be successfully rehabilitated and monitored within the local community.

Under the proposed plea agreement, two counts of incest were dismissed and prosecutors recommended that McKeon sentence Blake to a 25-year minimum sentence out of the 100 years Blake initially pleaded guilty to. McKeon refused citing the overwhelming support of Blake’s loved ones, his church, and his employer for the child rapist.
http://www.theepochtimes.com/n3/2173836 ... or-incest/



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Re: Judges Behaving Badly

#413

Post by HumbleScribe » Sun Oct 23, 2016 10:11 am

RTH10260 wrote:I guess there is a another fresh case....
US News Judge Who Gave Montana Man Light Sentence for Incest draws Calls For Impeachment

By Chika Dunu, Epoch Times | October 18, 2016 AT 2:52 PM Last Updated: October 18, 2016 2:56 pm

Martin Blake was given a prison-free sentence by Montana judge John McKeon after he pleaded guilty to one count of incest on Oct. 4. The lenient sentenced has sparked outrage and a petition calling for the impeachment of McKeon. (Valley County Sheriff's Office)

A Montana judge is under fire after reducing the punishment in an incest case involving a father and his 12-year-old daughter.

Valley County District Court Judge John McKeon sentenced Martin Blake, 40, on Oct. 4 for one count of felony incest to 30 years to the Montana State Prison with all of the time suspended, reported the Glasgow Courier. In addition to his 30-year suspended prison sentence, Blake was sentenced to 60 days in jail with credit for 17 days.

McKeon also ordered that Blake complete community-based sex-offender treatment and register as a sex offender. McKeon, who is set to retire next month, called his prison-free sentence “quite restrictive” and “quite rigorous.”

Michael Sullivan, the director of the South Central Treatment Associates, determined that Blake could be successfully rehabilitated and monitored within the local community.

Under the proposed plea agreement, two counts of incest were dismissed and prosecutors recommended that McKeon sentence Blake to a 25-year minimum sentence out of the 100 years Blake initially pleaded guilty to. McKeon refused citing the overwhelming support of Blake’s loved ones, his church, and his employer for the child rapist.
http://www.theepochtimes.com/n3/2173836 ... or-incest/
Compare to this sentence just handed down right here in my backyard:

http://www.fresnobee.com/news/local/cri ... 36002.html

Fifteen hundred three years for raping his daughter. (Admittedly, he provided this to all comers, which made his crime even more despicable.)



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Re: Judges Behaving Badly

#414

Post by Flatpointhigh » Sun Oct 23, 2016 11:11 am

Bribed with a Bud Light?
http://www.theregister.co.uk/2016/10/22 ... ight_beer/
A judge in North Carolina, US, has been convicted for attempting to bribe an FBI agent to pull his wife's text messages in exchange for two cases of flavored water – aka American light beer.
Judge Arnold Jones II was found guilty of three charges related to his attempt convince an officer working with the FBI gang-busting task force to use his security clearance to obtain copies of messages sent between Jones' wife and another man.

The Charlotte News and Observer reports Jones, a Superior Court judge in Wayne County, offered to purchase officer Matthew Miller, who was also a local sherrif's deputy, two cases of Bud Light in exchange for copies of texts between the two numbers.

The two men later met up, at which point Jones gave Miller $100 instead of the promised suds in exchange for what turned out to be a blank disk Jones found to be as empty as the calories in the bartered beer.
Sad, yet :rotflmao: :rotflmao:



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Re: Judges Behaving Badly

#415

Post by Mary Quite Contrary » Sun Oct 23, 2016 11:34 am

Offered the officer Bud Light? I thought you had to be kidding but No you were not. And the judge is running for reelection.

http://www.newsobserver.com/news/local/ ... 61582.html

“Shortly after marrying his wife, he began having concerns about her fidelity,” the defense team stated in court documents leading up to the trial. “Jones asked a sheriff’s deputy who he wrongly believed to be a friend whether the deputy could access his wife’s text messages. The deputy said yes when he should have just said no."

Wow. Just wow.


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Re: Judges Behaving Badly

#416

Post by Fortinbras » Sun Oct 23, 2016 11:51 am

In contrast to the Montana judge and his 60-day sentence for incestuous statutory rape, another judge in Fresno, Cal, handed down a sentence of 1,503 YEARS to a father for repeated statutory rape of his daughter. Now you just know some bleeding heart appellate judge will cut that sentence in half, and then the father will get half off again for good behavior.

Seriously, even though the Fresno judge is probably getting talked up for political office right now, a sentence that amounts to a capital sentence for statutory rape, a sentence worse than given in many homicides even though here the victim is still alive, may send the very wrong message. The message won't be Hands off little girls. The message will instead be Kill your victim; the penalty can't be worse, and with the only witness dead you may get clean away with it.



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Re: Judges Behaving Badly

#417

Post by bob » Sun Oct 23, 2016 1:38 pm

Fortinbras wrote: Seriously, even though the Fresno judge is probably getting talked up for political office right now, a sentence that amounts to a capital sentence for statutory rape
Life in prison is not a capital sentence. Ask Trussell.
Edit: Type O.


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Re: Judges Behaving Badly

#418

Post by esseff44 » Sun Oct 23, 2016 5:19 pm

More often than not, a capital sentence turns out to be life in prison. Still, it's obvious that there is a need for sentencing reforms in the CJ system.



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Re: Judges Behaving Badly

#419

Post by Maybenaut » Sun Oct 23, 2016 8:55 pm

Fortinbras wrote:In contrast to the Montana judge and his 60-day sentence for incestuous statutory rape, another judge in Fresno, Cal, handed down a sentence of 1,503 YEARS to a father for repeated statutory rape of his daughter. Now you just know some bleeding heart appellate judge will cut that sentence in half, and then the father will get half off again for good behavior.

Seriously, even though the Fresno judge is probably getting talked up for political office right now, a sentence that amounts to a capital sentence for statutory rape, a sentence worse than given in many homicides even though here the victim is still alive, may send the very wrong message. The message won't be Hands off little girls. The message will instead be Kill your victim; the penalty can't be worse, and with the only witness dead you may get clean away with it.
If that happens, he'll still get 375.75 years. :blink:



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Re: Judges Behaving Badly

#420

Post by HumbleScribe » Sun Oct 23, 2016 11:37 pm

Fortinbras wrote:In contrast to the Montana judge and his 60-day sentence for incestuous statutory rape, another judge in Fresno, Cal, handed down a sentence of 1,503 YEARS to a father for repeated statutory rape of his daughter. Now you just know some bleeding heart appellate judge will cut that sentence in half, and then the father will get half off again for good behavior.

Seriously, even though the Fresno judge is probably getting talked up for political office right now, a sentence that amounts to a capital sentence for statutory rape, a sentence worse than given in many homicides even though here the victim is still alive, may send the very wrong message. The message won't be Hands off little girls. The message will instead be Kill your victim; the penalty can't be worse, and with the only witness dead you may get clean away with it.
I have not heard that Judge Sarkisian is contemplating another job. Of course it is possible, but have been no local activities for him to date.



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Re: Judges Behaving Badly

#421

Post by Maybenaut » Mon Oct 24, 2016 11:53 am

Maybenaut wrote:
Fortinbras wrote:In contrast to the Montana judge and his 60-day sentence for incestuous statutory rape, another judge in Fresno, Cal, handed down a sentence of 1,503 YEARS to a father for repeated statutory rapeof his daughter. Now you just know some bleeding heart appellate judge will cut that sentence in half, and then the father will get half off again for good behavior.

Seriously, even though the Fresno judge is probably getting talked up for political office right now, a sentence that amounts to a capital sentence for statutory rape, a sentence worse than given in many homicides even though here the victim is still alive, may send the very wrong message. The message won't be Hands off little girls. The message will instead be Kill your victim; the penalty can't be worse, and with the only witness dead you may get clean away with it.
If that happens, he'll still get 375.75 years. :blink:
Taking another look at this, this is not "statutory rape," which most people think of as rape done by actual, but not legal, consent. For example, a 17-year-old girl really did want to have sex but was legally incompetent to consent because of her age. It's not clear from the Fresno Bee article how old she was when it all started, but she was raped a couple of times a week over a four year period, at least once resulting in pregnancy. NOT statutory rape.



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Re: Judges Behaving Badly

#422

Post by Sam the Centipede » Mon Oct 24, 2016 2:12 pm

Maybenaut wrote:...
Taking another look at this, this is not "statutory rape," which most people think of as rape done by actual, but not legal, consent. For example, a 17-year-old girl really did want to have sex but was legally incompetent to consent because of her age. It's not clear from the Fresno Bee article how old she was when it all started, but she was raped a couple of times a week over a four year period, at least once resulting in pregnancy. NOT statutory rape.
That's my understanding of the term "statutory rape" too. It describes a sexual act which is fully consensual (and so not rape in the non-legal sense of the word as there was no assault, no violence, nothing unusual) but statutes deem one or more parties unable to give legally valid consent to the act.

The point of the term "statutory rape" is to describe a victimless crime.

The case described is far from victimless. Very far from victimless.



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Re: Judges Behaving Badly

#423

Post by Plutodog » Mon Oct 24, 2016 2:41 pm

Under our society's legal and moral philosophy -- our understanding of the vulnerability of the young, there is indeed a victim. Just not of the same variety as a violent or otherwise forcible rape.


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Re: Judges Behaving Badly

#424

Post by bob » Mon Oct 24, 2016 3:06 pm

Plutodog wrote:Under our society's legal and moral philosophy -- our understanding of the vulnerability of the young, there is indeed a victim. Just not of the same variety as a violent or otherwise forcible rape.
Exactly. Briefly: Rape is nonconsensual sexual intercourse achieved by force or fear of force. The Fresno case involved rape.

Age of consent varies by state, and in California the age of consent is 18. Sex with a person under 18 in California -- no matter much it may be desired -- is still unlawful. The Fresno case did not involve a "willing victim" who desired the sex.

The punishment is greater the younger the victim. The rapes in the Fresno case started when the victim was 12.

Life in prison is not a capital sentence.

So every word in "capital crime for statutory rape" is incorrect.


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Re: Judges Behaving Badly

#425

Post by Hercule Parrot » Tue Oct 25, 2016 4:55 pm

Mikedunford wrote:Eastern District of NY federal judge throws temper tantrum because Facebook's law firm didn't send a partner to a status conference: ....
Facebook is apparently "accused by 20,000 Israeli plaintiffs of using the social media website’s algorithm to incite and connect terrorists.". That idea seems somewhat unlikely, to phrase it politely, but the grumpy judge has drunk the kool-aid. He is an international crime fighter, and countless lives rest upon his intervention.

"...they didn’t send a partner here to talk about this kind of problem which implicates international terrorism and the murder of innocent people in Israel and other places,” Garaufis said

Sounds to me like he's going to find for the plaintiffs, and then be overturned on appeal. But ianal, and I know nothing more about the case, so ..... Meh.



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