Saturday, April 30, 2011

Why failure of court redress causes irreparable harm to careers

Released, Wednesday, April 27, 2011, TOTT, 919 610-5255

If citizens have "respect for the work of the courts, their respect for law will survive the shortcomings of every other branch of the great detriment of society." (The Judicial Process, Henry J. Abraham, 1962)

One either believes in the rule of law, and the Constitution to govern the American society, or you do not.

It has been over 150 years since the ending of the Civil War, it’s worthy of note that "...Before the Civil War, few individual rights had received national protection. Founding fathers observed that State Governors and State legislatures were most likely offenders of individual and natural rights. However, equal protection of individual rights are found every day discussed and debated in our courts by the media.

In N.C. General Statute Section 7A-376, Art. 30. entitled Judicial Standards Commission: "...Disposition of cases for reasons other than an honest appraisal of facts and law as disclosed by the evidence presented, will amount to conduct prejudicial to the proper administration of justice... Inexperience or lack of training is No excuse."

Section 1 of the 14th Amendment of the U.S. Constitution reads in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deny any person ...the equal protection of the laws"

The Nichols v. Chacon Court ruled (2000) arresting officer not entitled to qualified immunity: [since] "...arrestee-plaintiff’s [finger] gesture was clearly established as protected free speech..."

Yet,  Eastern District of North Carolina, Chief, U.S. District Court Judge, Terrence W. Boyle: Feb 25, 2004, Case: 5:04-MC-06: "...[I]t appears the Plaintiff was charged with "disorderly conduct, breach of peace, public disturbance for finger gesture." The Plaintiff...was not appointed counsel in the State proceeding...", he further states: "This filing is utterly meritless.]"

Thus, he acknowledges charges, and the failure to appoint counsel, which is a sworn duty of the Courts, but does nothing.

Article 30, Judicial Standards Commission: "Willful Misconduct is improper and wrongful conduct of a judge acting in his official capacity, done intentionally, knowingly and in bad faith. It involves more than an error of judgment or a mere lack of deligence."

c TOTT 2011, 919 610-5255

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