HIZ HONOR Gary Kreep -- CJP CENSURES FOR ETHICAL VIOLATIONS -- BUT STILL A JUDGE.

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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#401

Post by Notorial Dissent » Fri Oct 14, 2016 9:44 pm

And it's ONLY taken them four years to get around to doing something. They're almost as glacial as the alleged California Bar Association.


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#402

Post by Maybenaut » Wed Oct 19, 2016 5:39 pm

The Washington Post also has the story.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#403

Post by bob » Sun Oct 30, 2016 9:23 pm

S.D. U.-Trib.: Judge Kreep says judicial watchdog agency targeted him, wants him to quit:
San Diego Superior Court Judge Gary Kreep says the state’s judicial discipline agency has been on a “campaign of harassment and intimidation” against him in hopes he will quit the bench.

The judge’s lawyer, James A. Murphy, filed a 40-page response late Thursday to 11 charges of misconduct brought against Kreep by the California Commission on Judicial Performance. Murphy contends the charges, filed on Oct. 14, are without merit.

* * *

Kreep said the campaign-related charges were technical errors made by campaign workers who set up his website, or they had previously been investigated and settled with the state Fair Political Practices Commission.

The comments — more than a dozen are itemized in the commission complaint — were taken out of context or were not intended to be demeaning or disrespectful, the judge’s response said.

Murphy said Kreep tried to keep a relaxed tone in his court and follow the advice of another judge when he got on the bench to make his courtroom “user friendly” for all.

“Judge Kreep is never mean-spirited,” Murphy wrote.

* * *

“Judge Kreep has never advanced a political agenda in his courtroom and never will,” Murphy wrote. “But his right of free speech, exercised before his election to the bench, has fueled this campaign seeking to embarrass, humiliate, and remove him from office.”
Kreep's answer to the CJP's petition. Re: birther civil war: Berg's fault!


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#404

Post by Sterngard Friegen » Sun Oct 30, 2016 9:54 pm

So before looking at the pleading I went to the State Bar website to get the goods on James A. Murphy. There sure are a lot of them. Was it No Suffix, Jr., III, IV or V? Couldn't tell from their locations, but when I saw the answer it turned out to be No Suffix, whose office is up in San Franciskey.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#405

Post by bob » Sun Oct 30, 2016 10:00 pm

Sterngard Friegen wrote:So before looking at the pleading I went to the State Bar website to get the goods on James A. Murphy. There sure are a lot of them. Was it No Suffix, Jr., III, IV or V? Couldn't tell from their locations, but when I saw the answer it turned out to be No Suffix, whose office is up in San Franciskey.
The CJP is in San Frsncisco.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#406

Post by Sterngard Friegen » Sun Oct 30, 2016 10:04 pm

By the way, in my view most of the charges are chicken shit. The one that most interested me was one in which I wrote letters and made my own complaint: Kreep continuing to represent parties in Liberi v. Taitz after he was sworn in as a judge. What was most egregious there to me was his long delay in seeking to be removed from the case. No Suffix makes the following response to this charge:
In Liberi v. Taitz, Judge Kreep, as a lawyer, was local counsel for Phillip J. Berg, Esq., a Pennsylvania-based attorney. The Liberi case was originally filed in Pennsylvania federal court, and, then, transferred to the United States District Court for the Central District of California. As soon as Judge Kreep was elected in June, 2012, he asked Mr. Berg to engage another local attorney, and he assumed that Mr. Berg would replace him as local counsel, but Mr. Berg failed to do so. Recognizing that he was still local counsel as his swearing in was approaching, on January 4, 2013, Judge Kreep filed a motion to withdraw, citing his election to the bench as being the basis of the motion. A motion to withdraw in federal court, or even a stipulation for withdrawal, requires an order from the United States District Court judge presiding over the case. Meanwhile, Mr. Berg secured the services of replacement local counsel, and, on January 9, 2013, he filed a Notice of Request to Substitute Counsel. The motion to withdraw was delayed by the court, and there was not a ruling on the motion until after Judge Kreep was actually sworn in. Surprisingly, the motion and the substitution were first denied as deficient. The United States District Court judge, the Hon. Andrew Guilford, did not allow Judge Kreep to withdraw as local counsel until February, 2013. During the pendency of the motion to withdraw, Judge Kreep performed no legal work of any nature on the case. In fact, Judge Kreep made no appearances of any kind in the proceeding, serving only as local counsel for Mr. Berg, who asked the Judge to sponsor him only for purposes of Mr. Berg, a Pennsylvania attorney, being allowed to handle this federal court case in California.
Kreep had something like 7 months to make his motion. When he made it he represented essentially that he had just been elected earlier that year when, in fact, he was elected the previous year.

To my mind this is the most serious charge. And Kreep's excuse is very weak. In fact, No Suffix seems to blame Phil Berg and Judge Guilford, but accepts no responsibility for Kreep himself. Poor form in my view. And the excuse won't hold water.

CJP Location: Yeah, I know.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#407

Post by Sterngard Friegen » Sun Oct 30, 2016 10:24 pm

Here's Kreep's motion to withdraw. Made 4 days before he was to be sworn in.

By the way, No Suffix blames the delay in withdrawal on Judge Guilford's slow adjudicating. Not so according to Judge Guilford in his Order:
Attorney Gary G. Kreep (“Kreep”) seeks to withdraw from this case. But both Kreep’s Motion to Withdraw as Attorney of Record for Plaintiff” (Dkt. No. 586) and the related Request for Approval of Substitution of Attorney (Dkt. No. 588) are deficient. As such, the Court does not permit Kreep to withdraw at this time.
But Kreep still accepts no blame. It's Judge Guilford's fault for a "surprise" ruling the motion and substitution order were deficient:
The motion to withdraw was delayed by the court, and there was not a ruling on the motion until after Judge Kreep was actually sworn in. Surprisingly, the motion and the substitution were first denied as deficient.
What Kreep should have done was delay his swearing in until after he was relieved. But No Suffix tries to excuse Kreep's failure to withdraw: "During the pendency of the motion to withdraw, Judge Kreep performed no legal work of any nature on the case." It's like defending a drunk driving charge by saying I didn't hit anybody as I drove home, impaired.

Of course, Kreep should have filed the motion months earlier. Reminds me of a sign on an L.A. Superior Court clerk's desk: "Your delay and failure to plan does not constitute my emergency or the need for ex parte relief."



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#408

Post by Sterngard Friegen » Sun Oct 30, 2016 10:38 pm

I've dug up ECF 588, the request for approval of substitution. Judge Guilford's rejection should not be surprising. The substitution of counsel requires the client's signature. Here the signature was by Philip Berg, who was not admitted. And his capacity (attorney, client, both?) was not stated.
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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#409

Post by bob » Tue Nov 22, 2016 5:34 pm

CJP:
On October 14, 2016, the Commission on Judicial Performance announced it had instituted formal proceedings to inquire into matters concerning Judge Gary G. Kreep, a judge of the Superior Court of California, County of San Diego. The hearing has been scheduled to begin on Monday, February 6, 2017, at 9:00 a.m. in the courtroom of the California Court of Appeal, Fourth Appellate District, 750 B Street, in San Diego, California. The hearing will be open to the public.

Under the rules that govern commission proceedings, the hearing will be conducted by special masters appointed by the Supreme Court: Honorable Dennis A. Cornell, Ret., Court of Appeal, Fifth Appellate District; Honorable Louis R. Mauro, Court of Appeal, Third Appellate District; Honorable Randy Rhodes, Superior Court of California, County of Los Angeles.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#410

Post by Notorial Dissent » Wed Nov 23, 2016 1:47 am

I can't remember seeing the actual complaint against him, but to the CA lawyers, considering the CA BAR and all, do they actually have some valid complaints against him that are likely to be acted upon?


The fact that you sincerely and wholeheartedly believe that the “Law of Gravity” is unconstitutional and a violation of your sovereign rights, does not absolve you of adherence to it.

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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#411

Post by bob » Wed Nov 23, 2016 2:04 am

Notorial Dissent wrote:I can't remember seeing the actual complaint against him, but to the CA lawyers, considering the CA BAR and all, do they actually have some valid complaints against him that are likely to be acted upon?
Here's the complaint. It is quite the laundry list; some chickenshit items, some more serious. As Stern noted, it looks like the CJP is gunning for Kreep, otherwise it wouldn't put in all this effort.

It is somewhat difficult to predict the outcome. Inevitably some of the charges will stick; the trickier questions are which charges, and what punishment will the commission dole out for those charges.

Regardless, Kreep is done one way or another. He's up for election in 2018; if he's still on the bench, someone will challenge him and parade this (and other dirty laundry) before the voters. If the CJP doesn't involuntarily retire Kreep, I suspect he'll do it himself and not run for re-election.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#412

Post by Notorial Dissent » Wed Nov 23, 2016 2:25 am

I thought most of it was piddly stuff, hopefully on the real stuff they can at least prove it. I guess it does say something that they went to all that trouble, wonder what precipitated it? Not that I don't think it couldn't happen, removal, to a more deserving candidate. He is a nasty piece or work, and doesn't even rise to the level of mediocre as far as being a lawyer, or a judge.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#413

Post by vic » Wed Nov 23, 2016 11:47 am

Notorial Dissent wrote:I can't remember seeing the actual complaint against him, but to the CA lawyers, considering the CA BAR and all, do they actually have some valid complaints against him that are likely to be acted upon?
IANAL, but I am a Californian. I think it's important to remember that this isn't the Bar, it's the CJP. My understanding from what's been posted about Bar actions is that they only act if the lawyer is harming their clients. You get to choose your attorney. You don't get to choose your judge. And the judge is acting on behalf of the People.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#414

Post by Notorial Dissent » Thu Nov 24, 2016 3:15 am

I understand the difference, we have pretty much the same situation here, except that as I recall, and may be completely wrong, our Supreme Court handles the actual actions and determinations on state judges. It strikes me that it has been a number of years since there has been a state judge removed, or "retired". They do smack them for unacceptable behavior every now and again, but as a rule that isn't a big issue here of late. I can't speak for the state bar since I quit paying attention to them when I quit working that area, they are basically a social organization anyway, and as they should be. Again our court handles the disciplinary complaints. My comment was more along the line of since the CA State Bar doesn't seem to be really concerned, and since some of the rather notorious things come out of the CA courts the last few years, it would seem, at least to me, that the Judicial Commission doesn't really seem to pay much attention either.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#415

Post by bob » Thu Feb 16, 2017 9:26 pm

S.D. U.-Trib.: Fellow judges counseled Kreep to read ethics book, improve his courtroom conduct:
Just eight months after being sworn in to serve on the San Diego bench in 2013, Superior Court Judge Gary Kreep had become the subject of mounting complaints over comments he made to lawyers in his downtown courtroom.

As a result, top court officials crafted a “Plan of Action” in August aimed at improving [Kreep's] judicial demeanor and curbing some of his behavior, according to testimony [Feb. 6] at a state judicial discipline hearing into allegations of misconduct by Kreep.

Superior Court Judge Timothy Walsh testified that the plan included ordering Kreep to read a judicial ethics book “cover to cover,” and observe other veteran judges as they worked and make a list of their “best practices” to adopt to his courtroom. Kreep also was told to watching instructional videos on preventing sexual harassment and to submit to Walsh and other top supervisors a written plan outlining how he planned to avoid future problems.

Walsh’s testimony came on the first day of a hearing by the California Commission of Judicial Performance, the agency charged with disciplining judges. The commission has charged Kreep with misconduct related to errors during his 2012 campaign, courtroom comments about the appearance of women and others, and how he handled some cases.

* * *

Kreep has denied violating judicial ethics. His lawyers said the court’s power structure was out to get him from the moment he took the bench. As a lawyer, Kreep and his U.S. Justice Foundation took on a number of conservative legal causes, including the discredited “birther” fight that erroneously questioned if former President Barack Obama was a U.S. citizen.

* * *

[Former Assistant City Attorney] Terri Winbush testified that Kreep regularly referred to her as “Star Parker” when she entered his courtroom. Parker is an African-American author and conservative activist. Winbush is also African-American.

Winbush said Kreep told her his friends tried to get him a date with Parker but it did not work out, and once told her she should be flattered by the comparison.

She was not. “The only resemblance I saw was she was a black woman. … It made me incredibly uncomfortable,” Winbush said.

Lawyer Paige Hazard said she also regularly appeared in Kreep’s court. Now a lawyer with the state Attorney General’s Office, she testified the atmosphere was “toxic” in the courtroom. She said Kreep had a habit of tossing Animal Cracker cookies down from his bench to the desks below where prosecutors and defendants sat.

* * *

The complaints led to an August 2013 meeting with Kreep, Judge Walsh, then-Presiding Judge Robert Trentacosta and then-Assistant Presiding Judge David Danielsen. Walsh said Kreep was told to be “more judicial” by Danielsen, and Walsh told him to to “use his filter” and be cognizant that what he said could be considered inappropriate by some people. He also told him to “keep his radar up” about who was in his courtroom.

* * *

The “Plan of Action” memo came out a few weeks later. It included a condition that observers would be sent to Kreep’s courtroom — sometimes without telling him — to check his progress. Walsh, in an email to Trentacosta and Danielsen, said Kreep was not grasping the point of the plan and “seemed not to appreciate” the overarching goal to change his judicial demeanor and how he ran his courtroom.
ABC: San Diego judge faces sexual harassment allegations, campaign rules violations:
On Monday, former Deputy City Attorney Danielle Stroud told a three-judge panel that Kreep commented on her body while she was pregnant.

During her testimony, Stroud told the court that Kreep said, "Let's get on with this case, we don't want Miss Stroud to have her baby in the court room," and "She wants to go home and have her baby, so I'll pick on her today."

* * *

Kreep is also accused of campaigning against President Obama in 2012 -- while Kreep was also on the ballot for his seat as a judge.

According to campaign rules, people running for judicial offices aren't allowed to publicly comment on other races.

* * *

Kreep's attorneys say the charges he faces this month are false. In opening statements Monday, his lawyer told the court that people who were unhappy with his election have put him under an "unfair microscope" since then, and have been in a "relentless" effort to get him off the bench.

* * *

The hearing is expected to take several weeks. When it's done, the three-judge panel will present their conclusions to an 11-member panel of judges who will decide what, if any, punishments Kreep will face.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#416

Post by Tiredretiredlawyer » Thu Feb 16, 2017 9:31 pm

With a name like Kreep, it's just in yer blood.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#417

Post by bob » Thu Feb 16, 2017 9:35 pm

S.D. U.-Trib.: Judge Kreep at discipline hearing: 'I was trying to do everything I could to learn my craft':
But the first week of the hearing also revealed that Kreep was given little training — in fact, training shorter than most new judges typically get — and assigned a high-volume criminal courtroom.

Kreep’s Escondido law practice was focused on what he described when he testified Friday as constitutional law cases via his U.S. Justice Foundation. It included lawsuits against school districts over homeschooling and providing free education for all, and most famously on “birther” lawsuits challenging the citizenship of former President Barack Obama.

* * *

Kreep is fighting the charges, forcing the hearing that began [last] week and that will resume on Feb. 21. It’s being held in the downtown San Diego courtroom of the state 4th District Court of Appeal.

The judge’s attorneys have argued that Kreep was targeted for reasons other than his conduct on the bench, mainly that he had made rulings that antagonized the City Attorney’s Office.

They also have said the court leaders put him under a microscope of scrutiny and contend Judge Robert Trentacosta, who was the court’s presiding judge in Kreep’s first year, eagerly helped out commission investigators as they began to investigate Kreep in 2013.

When Trentacosta testified, he described an ongoing effort to work with Kreep and steer him away from conduct that could get him in trouble. He said he had several meetings with Kreep in the first months of his term. He also said a comment Kreep made even before he was sworn in, during a meet-and-greet session with Trentacosta in December 2012, took him off guard.

Trentacosta recalled that during a cordial half-hour meeting discussing the transition from private practice to the court, Kreep abruptly told him, “I’m a conservative, pro-life Christian.”

Trentacosta said he was puzzled by the comment. “I didn’t know what to say to that.” Later, he said Kreep made a comment about President Obama or Obamacare.

“Gary,” Trentcosta testified he replied, “the great thing about being a judge is we’re nonpartisan.”

* * *

Trentacosta said he also was worried when he heard Kreep had asked a Hispanic deputy public defender if she had been born in the U.S. and said he liked her accent. Trentacosta raised this and other issues in a Jan. 30, 2013, meeting with Kreep, and said Kreep “seemed surprised” his comments could be taken as offensive.

But complaints about Kreep from the City Attorney’s Office persisted, and in August Trentacosta and two other judges met with him and gave him a corrective plan of action. But the next month, the City Attorney’s Office said its lawyers would boycott any new assignments to Kreep’s courtroom — essentially freezing him out and causing the court to send him to hear traffic cases.

By then, the Commission on Judicial Performance had received a complaint about Kreep’s conduct during his campaign from [a] San Diego attorney . . . . Trentacosta said he called the commission in October to inquire about it.

* * *

When Kreep testified at the discipline hearing, he said he was given little instruction or training by the court before being assigned to the busy Department 3. He said he took advantage of as much training as was offered. “I was trying to do everything I could to learn my craft,” Kreep said.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#418

Post by Sterngard Friegen » Thu Feb 16, 2017 10:10 pm

Has Kreep's misconduct in continuing to serve as counsel of record for the Liberi v. Taitz plaintiffs come up? Kreep had not been relieved as their counsel of record (he didn't seek to be relieved until just before he was sworn in), and then he participated in his enrobment while still representing clients.

I thought that was unlawful at the time and made a complaint.

What Kreep should have done -- indeed, what he was obligated by law to do -- was to refrain from becoming a judge until he resolved the issues of his representation of plaintiffs in Liberi v. Taitz.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#419

Post by bob » Thu Feb 16, 2017 10:17 pm

Sterngard Friegen wrote:Has Kreep's misconduct in continuing to serve as counsel of record for the Liberi v. Taitz plaintiffs come up?
I haven't seen it discussed in any article, but the hearing isn't over yet.

The focus of the articles is Kreep's interactions with the local judges, attorneys, and litigants -- the reporters appear more interested in the human/local-interest angle. As well as Kreep's defense that his bosses and other politicos were out to get him.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#420

Post by Sterngard Friegen » Thu Feb 16, 2017 10:26 pm

Thank you, bob.

Kreep's desperate need to comment persistently on the appearance of the attorneys who appeared before him may have stemmed from a need to belittle others. It is certainly strange. Kreep did not run his courtroom in a business-like way. He seemed to go out of his way to make extraneous comments and to do everything except his job.

He was a lawyer for a long time, and he'd been in a lot of courtrooms. So he knew how to act. He was simply unable to control himself.

I hope he is removed. He was a disgrace to the legal profession when he was a lawyer. And a disgrace as a judge.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#421

Post by bob » Thu Feb 16, 2017 10:34 pm

Sterngard Friegen wrote:He was a lawyer for a long time, and he'd been in a lot of courtrooms. So he knew how to act.
It seemed like his primary activities, before becoming a judge, were grifting money and writing useless amicus briefs.

And suing Obama, of course.


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#422

Post by JohnPCapitalist » Thu Feb 16, 2017 11:03 pm

Tiredretiredlawyer wrote:With a name like Kreep, it's just in yer blood.
Yes, I was just going to point out that this appears to be a clear case of "nominative determinism." The Wikipedia article is here: https://en.wikipedia.org/wiki/Nominative_determinism, though you'll have to look at the articles in the last footnote section or elsewhere to get a list of such names.



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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#423

Post by Tiredretiredlawyer » Thu Feb 16, 2017 11:09 pm

JohnPCapitalist wrote:
Tiredretiredlawyer wrote:With a name like Kreep, it's just in yer blood.
Yes, I was just going to point out that this appears to be a clear case of "nominative determinism." The Wikipedia article is here: https://en.wikipedia.org/wiki/Nominative_determinism, though you'll have to look at the articles in the last footnote section or elsewhere to get a list of such names.
So, if I change my name to Reiredlawyer, I won't be tired? :thumbs:


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#424

Post by Lani » Thu Feb 16, 2017 11:31 pm

Tiredretiredlawyer wrote:
JohnPCapitalist wrote:
Tiredretiredlawyer wrote:With a name like Kreep, it's just in yer blood.
Yes, I was just going to point out that this appears to be a clear case of "nominative determinism."
:snippity:
So, if I change my name to Reiredlawyer, I won't be tired? :thumbs:
That's so cool! I shall henceforth be named HappyHealthyWealthyPerson! :happydance:


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Re: HIZ HONOR Gary Kreep -- FACING CJP CHARGES!

#425

Post by Dallasite » Thu Feb 16, 2017 11:37 pm

Tiredretiredlawyer wrote:
JohnPCapitalist wrote:
Tiredretiredlawyer wrote:With a name like Kreep, it's just in yer blood.
Yes, I was just going to point out that this appears to be a clear case of "nominative determinism." The Wikipedia article is here: https://en.wikipedia.org/wiki/Nominative_determinism, though you'll have to look at the articles in the last footnote section or elsewhere to get a list of such names.
So, if I change my name to Reiredlawyer, I won't be tired? :thumbs:
Well, perhaps no longer tired, but do you really want to be ired again?


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