How to File a Complaint Against a Judge and an Attorney (Preface, part 2)

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How to File a Complaint Against a Judge and an Attorney (Preface, part 2)

by Impeach Judge Randy Kennedy

This series is an attempt to educate laypersons on how to file a complaint against naughty lawyers and unethical judges who have kept us in the dark to this recourse (the filing of a complaint). I consider myself someone who keeps himself relatively informed and educated by reading the newspaper and watching the news(and a college graduate), but I had no idea there was a governing body that should be protecting me from the illegal actions of Judge Randy Kennedy (though they have failed in protecting me, and my estate, so far. I had never heard of the Court of the Judiciary (governing body over judges) or the Judicial Code of Ethics (rules judges MUST conduct themselves by). I had never heard of The Board of Professional Responsibility (governing body over attorneys) and the rules they are governed by, until I ran into a childhood friend who is a judicial investigator from my home state. I returned to him a week later with a working knowledge from the Judicial Code. I went to the website I will provide in this series and downloaded the complaint form, then went to work. My complaint stuck, along with several addendum to the original. Considering that, today (it is no longer that day), in the Tennessean newspaper, an article appeared that represented over 90% of judicial complaints are dismissed, I bat .1000 in my efforts. I don't claim credit for being masterful in my first complaint, but it was with ease that I caught their attention by clear and convincing evidence (actually, "strongly represented allegations"). I assisted Ginger Franklin in authoring her complaint against the same judge (Kennedy) and it stuck. Two pitches, two hits. Kennedy is generously errant, so he's an easy target. Unfortunately, the TN Court of the Judiciary is comprised of former TN judges, so we have found ourselves dealing with a impotent body of judges judging judges. (in truth, they have proven to be an organization that protects judges, in my opinion). They have yet to discipline Kennedy in either complaint. We are confident Senator Mae Beavers, chairperson for the TN Senate Judiciary Committee, and the hearings she held last week addressing drastic reform in the TN Court of the Judiciary, will finally bring our much needed REAL protection from errant judges.



Corruption in the TN legal system is of epidemic proportions, in my opinion (TN was ranked #1 Most Corrupt State in 2010 by the Daily Beast, Comcast). We need a thorough house cleaning within the Davidson County judiciary. The problem that faces an ethical judge is that one bad apple spoils the whole bunch and this is represented in the TN Judicial Code of Ethics. Just one bad judge brings the entire judiciary into disrepute (somewhat paraphrased, but close to exact).



Possessing knowledge from the Judicial Code, you can sit as an observer in Kennedy's court and watch ethics violated faster than you can takes notes and this is no exaggeration. Judges should sit in awe of the awesome responsibility bestowed upon them by we the people. Instead, you watch lawyers grovel pathetically and citizens brow beat by a public servant. Retention referendum has trickled down to our lower courts as most of them are appointed and run for "re-election" uncontested. "We the people" of TN have been left out of the judicial appointment process. So many elected benches are now "appointed". I've addressed this in previous posts and will address it again down the road, but I digress.



If you've ever had to do business with an attorney, you are familiar with that arrogant and condescending attitude by which you are addressed. The delusional egos of attorneys are also their achilles heel. The next time you have this experience, drop a little hint that you are familiar with the Board of Professional Responsibility, and your rights to file a complaint, and watch that errant attitude vaporize before your eyes. Just make sure you follow through with your complaints (and educate yourself to the Rules of Professional Conduct), or you become just another one of them blowing hot air. At the same time, do not file complaints frivolously or it will result in diluting the impact of legitimate complaints. If mentioning the Board of Professional Responsibility doesn't work, mention "errors and omissions" (this will have every attorney on my radar tossing and turning tonight). We will address errors and omissions (insurance attorneys maintain to cover malpractice) later in this series.



Colleague protection is the norm within our legal system. But this is breaking the rules that govern attorneys, also. When an attorney protects a colleague who has been naughty, he breaks the rules, too; but because their is an utter lack of awareness to our rights to complain, breaking the rules is business as usual because colleague protection is a given especially in a city like Nashville. Attorneys are legally bound to levy complaints against any judge or attorney who violates their respective codes. Unfortunately, it's honor among thieves. So, if your attorney DOES NOT file a complaint or levy charges with any and all the various and appropriate bodies, then THEY have violated their rules and you can file a complaint against them. Pay close attention to that last sentence. Colleague protection is the norm among attorneys in Nashville, but attorneys are bound to file a complaint (or charges) against a any judge or attorney they observe breaking the rules. If they do not, then they open themselves up for a complaint. Do you see the beauty in this? Now we have them "by the short tinys". We can then file a complaint against the attorney who broke the rules and we can file a complaint against the attorney who exercised colleague protection. It's a great system of checks and balances and "we the people" actually have the upper hand in all of this.



This is important, also. You don't even have to be involved directly with a case to file a complaint. If you observe an attorney or judge "breaking the rules" (and/or the law) in any legal proceeding, you have a right to file a complaint and/or charges. Seize upon this, people. Your children's future world and welfare are at stake. We CAN do something about this.



Divide and conquer.



[Part 3 of the Preface will appear next. For those that read the Preface in it's entirety, please read parts 2 and 3 as there have been revisions and additions]



Impeach Judge Randy Kennedy
September 27, 2011 at 5:28 pm
Tags: Conservatorship, Danny Tate, David E. Tate/Signet Pen and T-Shirts, Dr. Peter Martin, Guardian Abuse, Guardians, Jeannan Stuart, Judge Randy Kennedy, Nashville, Paul Housch, Probate Court, Senator Mae Beavers, Tennessee Attorney General, Tennessee Supreme Court of the Judiciary, The Nashville Bar, The Nashville Scene, Vanderbilt Psychiatric Hospital, WSMV/Channel 4/Nashville
URL: http://wp.me/p14NJl-9g