Released: Wednesday, February 16, 2011, Talk of the Town
Honorable Sen. Peter Brunstetter
Chairman, Judiciary I Committee
N.C. Legislative Office Building
Raleigh, NC 27601
re: Loss of pension for judicial misconduct saves State Budget in North Carolina
Dear Senator Brunstetter:
This letter, and the other support documents available, follows "Under the Dome, N.C. Politics & Government’s," blurb by Rob Christensen, N & O Story, Wednesday, February 16, 2011, P. 3B. regarding N.C. Senate Bill 33, and quotes by two North Carolina Chief Judges, who are both entwined with this response, as well as a U.S. District Court Judge Terrence Boyle, who ruled my efforts for redress were "utterly meritless."
On behalf of other citizens who might be similarly situated, I write to express that a cap on "noneconomic damages," whether for medical malpractice, or judicial misconduct would not be in keeping with our Constitution or legal precedence.
Both former members of the N.C. Supreme Court, the records would show condoned, and were instrumental in egregious, malicious, misconduct which is the ‘cruelist tyranny’ regardless of political affiliation.
In 1992, this writer, was maliciously charged, without probable cause, paid $25.00 fine, and Court Fees being convicted by a Democratic, Judge Donald Overby, running to retain his seat on the N.C. Bench for a malicious charge of "disorderly conduct for finger gesture" and turning left on red at the intersection of two intersecting one-way streets in down town Raleigh in response to the officer’s Blue Light and Siren.
Dan Blue, once again a member of the N.C. General Assembly wrote and advised me in a response to my requested effort to have the General Assembly enact left-turn-on-red-legislation, yet to pass.
Judge I Beverly Lake, Jr., a Republican Judge, member of the Womble Carlyle firm, writing for the Court in this case, 92CR-07443, acknowledged the reviewing of my constitutional right, yet denied my writ of certiorari No. 183P92, July 16, 1992, under the Chief Judge, James Gooden Exum, Jr., who retired in 1994, replaced by Burley Mitchell, Jr., as the Chief Judge, since leaving the Bench has founded a 527 FairJudges.net, a not for profit organization, and claims to have stepped down to permit Henry E. Frye, to become North Carolina’s first black Chief Justice.
Justice Lake would propose the Actual Innocence Commission; Mitchell would found Fairjudges.net, a 527 Group; Judge Orr, who was appointed the Directorship of the Administrative Office of the Courts, when Lake became the Chief soon after his appointment, and would eventually found North Carolina’s Institute for Constitutional Law. All to buffer their legacy.
These justices are aware of Article 30 of the Judicial Standards Commission 7A-376, and its three remedies for Willful Misconduct one of which is "...loss of retirement benefits,"
for willful misconduct acting in his official capacity done intentionally, knowingly and in bad faith, and more than a mere error of judgment or an act of negligence. ‘...encompassing conduct involving moral turpitude, dishonesty or corruption, whatever the motive.
Now that the Republicans are in office I Beverly Lake, Jr. feels confident and claims capping damages would be Unconstitutional, while Justice Mitchell is a Democrat in an environment of Republican office holders and says capping damages would be Constitutional just in case he has to pay.
It is said: "There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice..." U.S. v. Jannotti, 673 F 2d. 578, 614 (3d Cir. 1982)