Friday, December 11, 2009

Chief Judge Agrees With Richard Fine Concerning Conflict Created By Income Source

[Judge Adrienne Grover, left, Monterey County Superior Court]

In discussing the constitutional prohibition against a judge's salary being reduced during his/her term in office:
"Adrienne Grover, presiding judge of the Monterey County Superior Court, said the provision ensures the independence of the judiciary. Judges might hesitate to rule against a law passed by the Legislature and signed by the governor if they felt their salaries could be cut in retaliation.  [Judge] Maldonado said the protection is so central to American values that it was one of 64 grounds cited in the Declaration of Independence." 
So reported the Monterey Herald on Monday.

This is exactly Richard Fine's argument with respect to the LA County judges receiving payments from LA County ... they might hesitate to rule against the County if they felt the payments could be cut in retaliation.  And since the payments never were legal in the first place, they could have been cut at any time.

"So central to American values that it was one of 64 grounds cited in the Declaration of Independence"??  Hmmm.  From California Superior Court judges' lips to God's/the Ninth Circuit's ears, one hopes, inasmuch as LA Superior Court Judge David P. Yaffe clearly should have recused himself automatically from all cases in which LA County was a party.  Any other conclusion is farcical and is highly offensive in its presumption that the public lacks any intelligence whatsoever.

The Declaration of Independence cited the colonists' reasons for revolution against King George III's abuses of power, including:  "He has made Judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries."

King Ronald George I exercises much the same power over California judges today, and it's equally as reprehensible now as it was 233 years ago.  In fact, in 1776, it was so wrong, it was worth starting a trans-Atlantic war over.  We escaped tyranny then; do today's Americans' have the same fortitude?  The efforts of the volunteer team supporting Richard Fine are welcome evidence that we do indeed.

We await now the Ninth Circuit's decision in Fine's appeal.  Do Justices Reinhardt, Trott and Wardlaw possess the integrity and bravery needed to act at this historical nexus?  Here's hoping that the hero worship that would follow a righteous decision will be a more attractive choice than the revilement that will follow a decision providing yet another coat of transparent paint atop the on-going cover-up.

1 comment:

joebanana said...

And here it is Jan. 6, the ninth circuit has shown their true colors. They took the case off the calendar,and decided it in "private", with no comment on their decision. Guess what they did. Well, according to the ninth circuit court of appeals, it's okay for judges to decide cases in which they're named as a defendant. And they refused to publish how they came to this "brilliant" decision. This is the extent of deterioration of our judicial system. This pretty much puts the period on the sentence "we have no justice in America." California can effectively shut down all the courts, since we don't need them any more. Cops can bring the accused directly to prison to serve their term. Courts are just the middleman that we don't need anymore. The courts are just one mans opinion on whether someone should go to jail or not. Just think of all the money the state can save.