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Re: Do you know a bad judge?
Posted by Kelly on 8/01/08
On 2/25/08, Sandra Day O’Connor wrote: > How To Save Our Courts > By Justice Sandra Day O'Connor > Published: February 24, 2008 > To find out more about the court system in your state, visit > www.judicialselection.us. > > > *** > > > In my work as a Supreme Court justice, I was required by the Constitution to > fairly and impartially apply the law—not the law as I wanted it to be but the > law as it was. Now, as a private citizen, I am anxious about the state of the > judiciary in America. > > I am not concerned about particular judges or cases, nor am I concerned about > the judiciary shifting right or left.What worries me is the manner in which > politically motivated interest groups are attempting to interfere with > justice. > > The rule of law in the U.S. includes statutes and constitutional provisions. > It also involves precedent, which is a previous judicial ruling on a matter. > A judge typically defers to precedent. Like good cooking, good judging > requires taking ingredients and procedures used successfully in the past and > adjusting them to the case at hand. New legal recipes—or rules—can have major > ramifications. So if a judge comes up with a new way to apply the law, her > opinion may be reviewed by state or federal appellate courts to ensure that > it is a correct interpretation of the law. If it’s not, it’s overturned. > > Thus, our judicial system has safeguards to ensure consistency and > preservation of the law. But it is threatened when judges ignore settled law > and make decisions according to personal or public preferences. > > The judiciary currently is experiencing unprecedented pressure from interest > groups to make decisions that are based on politics. In Washington, D.C., we > hear a lot about federal judges, and they have a critical role in upholding > the Constitution. But having been a state judge and a state legislator, I > know that the vast majority of law is state law. Ninety-five percent of > litigation takes place in state courts. Many legal issues are primarily > decided there, including divorce, property rights, employment law, product > liability and medical malpractice. > > Political pressure is a big problem in a number of our state courts. More > than 89&37; of state judges go through some form of election process. Many of > these elections recently have become full-fledged political battles, fueled > by growing sums of money spent by candidates and special-interest groups to > attack, defend and counterattack. > > The money can be spent in polarizing ways. When Bill Cunningham was running > for the Kentucky Supreme Court in 2006, one opposing campaign ad implied that > he was responsible for letting six rapists out on parole. It said: “One had > been on parole for only 12 hours when he raped a 14-year-old and made her > mother watch.” > > This story was very misleading. Cunningham, then a lower-court judge, did > rule to change the sentences of several rapists from life without parole to > life with the possibility of parole, but these men all stayed in jail. And > the rape referred to in the ad occurred 20 years earlier, before Cunningham > was even a judge. > > Sue Bell Cobb remembers speaking to a reporter the day after she won the > election for chief justice of the Alabama Supreme Court in 2006. Chief > Justice Cobb expected to be asked how it felt to be the first woman in that > job. Instead, the reporter asked: “How does it feel to be the victor of the > second most expensive judicial race in U.S. history? How will you convince > the people of Alabama that the campaign contributions you sought will not > impact how you rule? How can we convince people their courts are not for > sale?” > > I imagine she answered much like Illinois Supreme Court Justice Lloyd > Karmeier did after he won the most expensive judicial election in American > history in 2004. That race cost the candidates $9.3 million, a sum greater > than what was spent in more than half of the U.S. Senate races that year. > Karmeier said of the money: “That’s obscene for a judicial race. What does it > gain people? How can anyone have faith in the system?” > > Good questions. When so much money goes into influencing the outcome of a > judicial election, it is hard to have faith that we are selecting judges who > are fair and impartial. If I could do one thing to solve this problem, it > would be to convince the states that select judges through partisan elections— > that is, when a Democrat and Republican run against one another—to switch to > merit selection instead. Under this plan, currently used in states such as > Colorado and Nebraska, an independent commission of knowledgeable citizens > recommends candidates to the governor, who appoints one of them as judge. > After several years on the bench, the judge’s name is submitted to the > electorate, who vote on whether he should keep his position. This method > decreases the importance of money and politics in the process while still > allowing voter input on retaining each judge. > > I believe the long-term solution to the politicization of the judiciary > process is education. Children, voters, policymakers and lawyers all should > be informed about the importance of a fair, impartial judiciary. Judges > should write their opinions in plain English so that the public can > understand what the law is. > > You also should educate yourself, an especially important task if you live in > one of the 39 states that holds elections for judges. Take these steps: > > • First, learn about the candidates. That you agree with a person’s policy > positions is irrelevant to whether he or she would make a good judge. > Evaluate them based on their ability to be fair, impartial and competent. > Look for unbiased sources—many states offer voter guides and performance > evaluations. > > • Second, be suspicious if a candidate makes a promise about how he or she > would rule in a particular case. Every case is different and should be judged > according to how the law applies to that situation. If a judge decides a case > based on a campaign promise, he or she has not upheld the pledge to be fair > and impartial. > > • Third, vote. Judicial elections tend to garner little attention. This is > increasingly problematic, because interest groups often can be the main > source of information. The only way to counteract this is to research the > candidates, know where your information is coming from and vote. > > I’m working with Georgetown University and Arizona State University on two > programs on this subject. One is called Our Courts and will be an online > civics experience for children. They’ll be able to step into a judge’s shoes > so they can better understand what he or she does. The other program, the > Sandra Day O’Connor Project on the State of the Judiciary, will create a > dialogue between experts and law practitioners on the court system and report > on the best ways to safeguard its role. > > I hope I can make a lasting contribution to protecting our courts. We must > preserve our system of government, a system for which I have the utmost > respect as I reflect back on my Supreme Court career. > > What To Know About Our Courts > > Courts in the United States are divided into two separate systems: federal > and state. > > The U.S. Supreme Court is the highest federal court in the country, followed > by 13 U.S. Courts of Appeals, then by 94 district courts. Federal judges are > appointed by the President and serve until they retire or die. > > State court systems vary; each state structures its courts in a slightly > different way. In 39 states, some or all of the judges are chosen through > elections. To find out more about the court system in your state, visit > www.judicialselection.us. > > Sandra Day O’Connor served as an associate justice of the United States > Supreme Court from 1981 to 2006. > On 2/08/08, LYNN wrote: >> Mitchell Shick signed my divorce papers and from his signature from what I >> can tell he seems to be a very angry man, or very disturbed individual. >> >> >> On 11/02/07, IWU Class of 78 wrote: >>> On 11/02/07, Vickie wrote: >>>> Are you serious, that judge Mitchell Shick gave her an order of >>>> protection; just because she said she heard it from a third party you >>>> were going to get her boy friend? It sounds like shick is over worked, >>>> and he is running people in and out of his court room just to get to >>>> the next case quickly. The court system should require that all judges >>>> have to go see a doctor every six months to make sure they can still >>>> effectively do their job. >>>> >>>> On 10/25/07, Brenda wrote: >>>>> Judge Mitchell Shick is very in love with himself, but I don’t think >>>>> that makes him a Monster. >>>>> >>>>> On 10/10/07, Car wrote: >>>>>> Here’s my two cents, I think Mitchell Shick needs to go see a >>>>>> shrink. >>>>>> >>>>>> >>>>>> >>>>>> On 7/31/07, X RIDER wrote: >>>>>>> JUDGE MITCHELL SCHICK >>>>>>> Charleston Illinois >>>>>>> >>>>>>> Here’s my story about Mitchell Schick. This happened to me in >>>>>>> court about a year ago; my daughter was mad at me because I >>>>>>> didn’t like her boy friend and I was trying to get her off her >>>>>>> addiction to the drug called crack. She is 25 years old at the >>>>>>> time and I was going through a divorce, she got hold of my wife >>>>>>> which was mad at me which was trying to destroy me and my >>>>>>> Daughter obtain a protection order from Judge Mitchell k Shick. >>>>>>> Here is what my Daughter said to this judge to obtain this order. >>>>>>> She told him that she heard from a third party that I wanted to >>>>>>> blow up her boy friend if they got married and his parents also, >>>>>>> and leave her standing there to see it all. This ignorant judge, >>>>>>> with no proof of this statement from her, orders up a protective >>>>>>> order against me for 2 years. He hands these orders of >>>>>>> protections out like giving candy to kids. You would think, that >>>>>>> even if he had any proof of what my daughter said was true, he >>>>>>> would give the protection orders to her boy friend and his >>>>>>> parents, because she said the threat was toward them, not her, >>>>>>> how stupid is that? I can’t believe Schick is a judge; he was a >>>>>>> lawyer before he was a judge, so he went to school to become a >>>>>>> lawyer. He has never attended school to learn how to become a >>>>>>> judge, he has no experience how to judge anyone, he only relies >>>>>>> on what he has learned in school to become a lawyer, this makes >>>>>>> him a bad person to be in a position of a judging people. This is >>>>>>> my opinion. >>>>>>> >>>>>>> >>>>>>>> Judge Mitchell K. SHICK >>>>>>>> Republican colleagues of Judge Albert Webber >>>>>>>> ILLINOIS SUPREME COURT REMOVES ALLEGED RACIST JUDGE WHILE >>>>>>>> BROTHERS AND SISTERS STILL REMAIN SEGREGATED BY RACE >>>>>>>> >>>>>>>> >>>>>>>> The Illinois Supreme Court has removed Decatur Illinois Probate >>>>>>>> Judge Albert (A.G.) Webber IV from an Illinois woman’s case. >>>>>>>> Amy Schneider, a mother of five has been in court trying to >>>>>>>> regain possession of her two oldest children, Kaela Elizabeth >>>>>>>> Sliney-Schneider and Joshua Matthew Sliney-Schneider, both >>>>>>>> Caucasian. >>>>>>>> >>>>>>>> According to an order issued April 20, 2005, by the Illinois >>>>>>>> Supreme Court, Charleston, Illinois (Coles County) Fifth >>>>>>>> Circuit Judge Mitchell K. Shick, a Republican, was assigned to >>>>>>>> replace Webber in the case. “It’s like something you see on TV; >>>>>>>> Judge Webber operates outside the law, specifically §755 ILCS >>>>>>>> 5/11-5(b),” says Schneider, “and after Webber is removed his >>>>>>>> Republican colleagues make sure I am deprived of any access to >>>>>>>> the court and remain unlawfully stripped of my constitutionally >>>>>>>> protected rights to a parent child relationship.” >>>>>>>> >>>>>>>> Schneider, who lives in Normal, Illinois with her three younger >>>>>>>> Black children, has previously filed a complaint with the >>>>>>>> Judicial Review Board accusing Webber of segregation and >>>>>>>> racism. “I was not complaining about Judge Webber’s decisions, >>>>>>>> per se, I was complaining about Judge Webber denying me, a fit >>>>>>>> parent, due process as required by the constitution,” said >>>>>>>> Schneider. >>>>>>>> >>>>>>>> “Webber went so far as to fabricate derogatory medical and >>>>>>>> domestic accusations against me to forcibly keep my children >>>>>>>> with hostile non-parents so I can’t see them at all. However, >>>>>>>> the sworn testimonies of a valid Illinois medical doctor and >>>>>>>> two Normal Illinois Police officers directly dispute Webber’s >>>>>>>> accusations,” said Schneider. >>>>>>>> >>>>>>>> “Webber is not only crooked, but he is a malevolent crook,” >>>>>>>> Schneider said. “Court records will prove Webber used his >>>>>>>> elected state office to circumvent the law, line the pockets of >>>>>>>> his friends with my children’s money, and manifested racial >>>>>>>> bigotry to punish me and my young Black children while the >>>>>>>> Illinois supervising Courts had simply looked the other way,” >>>>>>>> Schneider claims. >>>>>>>> >>>>>>>> “My two children had never been to San Angelo, Texas when they >>>>>>>> were abducted by Karen M. Coates without permission or the >>>>>>>> knowledge of any court on August 28, 2002,” Schneider >>>>>>>> said. “Webber and his Illinois Republican Party friends have >>>>>>>> closed ranks, and this is nothing more than two children being >>>>>>>> for sale, purchased and delivered by the Macon County Decatur, >>>>>>>> Illinois Court for about $250,000.00.” >>>>>>>> >>>>>>>> Republican Judge Mitch Schick of the Coles county court >>>>>>>>> house in Charleston Illinois, has illegally violated general >>>>>>>>> assembly law 14.5 (a) concerning firearms; he has violated >>>>>>>>> Illinois, and federal constitutional laws and his oath to >>>>>>>>> protect the constitution, which is an act of treason. I have >>>>>>>>> notified the FBI of this matter. Judge MITCH SCHICK is >>>>>>>>> trying to cover this matter up, hoping it will go away. I >>>>>>>>> have solid evidence (documentation) from the Coles County >>>>>>>>> Court house that proves that he illegally seized my two guns >>>>>>>>> without having any reason to do this illegal act. I had no >>>>>>>>> criminal recorded anywhere recorded, and he gave me no trial >>>>>>>>> to defend my self in court by law, he took them before I >>>>>>>>> even had the chance to show up for my court date to defend >>>>>>>>> myself, which is a violation of 14.5 (a) Illinois law. He >>>>>>>>> ordered this action to seize my guns violating every law >>>>>>>>> written to protect the common citizen. Judge Mitch Shick is >>>>>>>>> working above the law, and must be accountable for his >>>>>>>>> actions. I have also notified Senator Dale Righter from >>>>>>>>> Illinois of this matter. I am waiting to see if he will obey >>>>>>>>> the law and take proper action. It has been two weeks now >>>>>>>>> and no response from Righter. >>>>>>>>> >>>>>>>>> Title 18, U.S.C., Section 242 >>>>>>>>> Deprivation of Rights Under Color of Law >>>>>>>>> This statute makes it a crime for any person acting under >>>>>>>>> color of law, statute, ordinance, regulation, or custom to >>>>>>>>> willfully deprive or cause to be deprived from any person >>>>>>>>> those rights, privileges, or immunities secured or protected >>>>>>>>> by the Constitution and laws of the U.S. >>>>>>>>> >>>>>>>>> This law further prohibits a person acting under color of >>>>>>>>> law, statute, ordinance, regulation or custom to willfully >>>>>>>>> subject or cause to be subjected any person to different >>>>>>>>> punishments, pains, or penalties, than those prescribed for >>>>>>>>> punishment of citizens on account of such person being an >>>>>>>>> alien or by reason of his/her color or race. >>>>>>>>> >>>>>>>>> Acts under "color of any law" include acts not only done by >>>>>>>>> federal, state, or local officials within the bounds or >>>>>>>>> limits of their lawful authority, but also acts done without >>>>>>>>> and beyond the bounds of their lawful authority; provided >>>>>>>>> that, in order for unlawful acts of any official to be done >>>>>>>>> under "color of any law," the unlawful acts must be done >>>>>>>>> while such official is purporting or pretending to act in >>>>>>>>> the performance of his/her official duties. This definition >>>>>>>>> includes, in addition to law enforcement officials, >>>>>>>>> individuals such as Mayors, Council persons, Judges, Nursing >>>>>>>>> Home Proprietors, Security Guards, etc., persons who are >>>>>>>>> bound by laws, statutes ordinances, or customs. >>>>>>>>> >>>>>>>>> Punishment varies from a fine or imprisonment of up to one >>>>>>>>> year, or both, and if bodily injury results or if such acts >>>>>>>>> include the use, attempted use, or threatened use of a >>>>>>>>> dangerous weapon, explosives, or fire shall be fined or >>>>>>>>> imprisoned up to ten years or both, and if death results, or >>>>>>>>> if such acts include kidnapping or an attempt to kidnap, >>>>>>>>> aggravated sexual abuse or an attempt to commit aggravated >>>>>>>>> sexual abuse, or an attempt to kill, shall be fined under >>>>>>>>> this title, or imprisoned for any term of years or for life, >>>>>>>>> or both, or may be sentenced to death. >>>>>>>>> >>>>>>>>> Please if anyone else has been criminally violated by Judge >>>>>>>>> Mitchell K Schick. Notified the FBI and the Illinois >>>>>>>>> Judicial Inquiry Board, to file a complaint. >>>>>>>>> >>>>>>>>> HB1106 - 11 - LRB095 09700 RLC 29902 b ILLINOIS GENERAL >>>>>>>>> ASSEMBLY LAW 14.5(a) Protection Order >>>>>>>>> >>>>>>>>> 1 When there’s evidence to use firearms illegally against >>>>>>>>> the petitioner, and the >>>>>>>>> 2 respondent is present in court, or has failed to appear >>>>>>>>> 3 after receiving actual notice, the court shall examine on >>>>>>>>> 4 oath the petitioner, and any witnesses who may be >>>>>>>>> produced. >>>>>>>>> 5 If the court is satisfied that there is any danger of the >>>>>>>>> 6 illegal uses of firearms, it shall include in the order of >>>>>>>>> 7 protections the requirement that any firearms in the >>>>>>>>> 8 possession of the respondent, except as provided in >>>>>>>>> 9 subsections (b), be turned over to the local law >>>>>>>>> enforcement >>>>>>>>> 10 agencies for safekeeping. If the respondent fails to >>>>>>>>> appear, >>>>>>>>> 11 or refuses or fails to surrender his or her firearms, the >>>>>>>>> 12 court shall issue a warrant for seizure of any firearm in >>>>>>>>> 13 the possession of the respondent. The period of >>>>>>>>> safekeeping >>>>>>>>> 14 shall be for a stated period of time not to exceed 2 >>>>>>>>> years. >>>>>>>>> 15 The firearm or firearms shall be returned to the >>>>>>>>> respondent >>>>>>>>> 16 at the end of the stated period or at expiration of the >>>>>>>>> 17 order of protection, whichever is sooner. >>>>>>>>> >>>>>>>>> I NEVER GOT A TRIAL TO DEFEND MYSELF IN COURT, AND JUDGE >>>>>>>>> MITCHELL K SCHICK ORDERED MY TWO GUNS THAT HAD NEVER BEEN >>>>>>>>> FIRED TO BE SEIZED. HE HAD NO EVIDIENCE TO JUSTFIE THIS >>>>>>>>> ACTION AGAINST ME. THIS CRIMINAL ACT IS AGAINST EVERY LAW >>>>>>>>> WRITTEN IN THIS COUNTRY. I HAD NO POLICE RECORD NOTED >>>>>>>>> ANYWHERE. I SERVED HONROBALLY IN THE ARMY, AIRFORCE; AND >>>>>>>>> FOUGHT IN THE GULF WAR TO PROTECT OUR RIGHTS AND FREEDOMS. >>>>>>>>> THIS JUDGE IS OUT OF CONTROL AND MUST BE ACCOUTABLE FOR HIS >>>>>>>>> ACTION. ONE OTHER THING, SENATOR OBAMA OF ILLINOIS, IS >>>>>>>>> SUPPOSE TO BE LOOKING INTO THIS CRIMINAL ACT AGAINST ME, SO >>>>>>>>> THERE IS SOME HOPE TO PROTECT OUR RIGHTS AND CONSTITUTION. >>>>>>>>> >>>>>>>>> HERES Another Judge Mitchell K Schick victim read this one: >>>>>>>>> According to an order issued April 20, 2005, by the Illinois >>>>>>>>> Supreme Court, Charleston, Illinois (Coles County) Fifth >>>>>>>>> Circuit Judge Mitchell K. Shick, a Republican, was assigned >>>>>>>>> to replace Webber in the case. “It’s like something you see >>>>>>>>> on TV; Judge Webber operates outside the law, specifically >>>>>>>>> §755 ILCS 5/11-5(b),” says Schneider, “and after Webber is >>>>>>>>> removed his Republican colleagues make sure I am deprived of >>>>>>>>> any access to the court and remain unlawfully stripped of my >>>>>>>>> constitutionally protected rights to a parent child >>>>>>>>> relationship >>>>>>>>>
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