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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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