How to File a Complaint Against a Judge and an Attorney (Chapter 1 Judges; part 2)

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How to File a Complaint Against a Judge and an Attorney (Chapter 1 Judges; part 2)

by Impeach Judge Randy Kennedy

Again, we're giving Judge Kennedy's mug a break and featuring Timothy Discenza, lead counsel, Tennessee Court of the Judiciary.

http://www.tncourts.gov/court-judiciary (necessary web site for instructions and downloadable complaint forms)

The Court of the Judiciary was created by the legislature to investigate and, when warranted, act on complaints against judges. Members are appointed by multiple appointing authorities, including the Supreme Court (judges appointing judges to judge judges, huh?) The appellate court clerk serves as clerk to the Court of the Judiciary.

The Tennessee Court of the Judiciary was created by the legislature to:

1. Provide an orderly and efficient method for making inquiry into:

+ They physical, mental and/or moral fitness of any Tennessee Judge;

+ Whether the judge committed judicial misconduct

+ Whether the judge committed any act calculated to reflect unfavorably upon the judiciary of the state or bring it into disrepute or which may adversely affect the administration of justice in the state ("one bad apple spoils the whole bunch")

2. Provide a process by which appropriate sanctions may be imposed

3. Implement constitutional provisions by providing a procedure for the removal of judges.

The above comes straight from tncourts.gov website. with the exception of my comment bold and in italics. With that credit given and in consideration thereof:

1. DO NOT FILE A FRIVOLOUS COMPLAINT!

2. THE COURT OF THE JUDICIARY IS NOT A COURT OF APPEALS!

I'm emphasizing these two points repeatedly throughout this series, for when you file a frivolous complaint you burden the COJ unduly and distract from legitimate complaints. It cannot help but have a negative impact on substantiated complaints by serving as an effort in futility for the recipient. How can I redouble my efforts at being repeatedly redundant?

What do I mean by frivolous? Any complaint that cannot be supported by the Judicial Code of Ethics and its Canons. The COJ is not the place to air mere grievances. If you are unhappy with the judges ruling, that is not grounds for a complaint. You must be able to substantiate your grievance as a violation of the code. If not, call your best friend and tell them how unhappy you are with the outcome, scream and shout in the bathroom, take a cold shower, then try to move on with life. Don't augment your frustrations by filing a illegitimate complaint.

That said, I've come to discover that the law, itself, and the rules by which judges must play, are 90% logic. If something seems wrong with a judge's conduct and/or ruling, do not ignore that instinct telling you so.

As I wrote earlier in this series, armed with a knowledge of the Judicial Code, make a determination therein by which a violation has been committed. And though an err in the law is not recognized as a violation of ethics, it should be. For when a judge errs in the the law they demonstrate incompetence and INCOMPETENCE IS A VIOLATION OF THE JUDICIAL CODE. I hope the COJ is reading this!

[Doesn't Mr. Discenza's picture appear to be saying, "Now, wait a minute here. Did I say investigation? I meant we're holding a secret hearing between us judges judging a judge. Well, it is sort of an investigation, but really it's a kinda trial. Well, not a real trial, but an inquiry by way of meeting secretly with our esteemed crony and figuring a way out for him and this blatant violation of the judicial code. But it would be an investigation if we all stopped moving around and changing our numbers, but that's what my esteemed colleague, Judge "Crafty" Craft, Shelby County neighbor and fellow COJ-er, told me to do and, by gawd, I'll get to the bottom of that. Rest assured, without a doubt, I'm pretty sure I can."]

All in jest, Mr. Discenza, but this is my blog. And you're on trial here. And it's the ominous court of public opinion. The Constitution refers to us as "we, the people". Read it sometime. Then pass it on to the rest of your esteemed colleagues. It's an easy read.

Enjoy your weekend, we will continue class on Monday.

Impeach Judge Randy Kennedy
September 30, 2011 at 11:26 pm
Tags: Christina Norris, COJ, Conservatorship, Danny Tate, David Callahan III, David E. Tate/Signet Pen and T-Shirts, Dr. Peter Martin, Ginger Franklin, Guardian Abuse, Guardians, Jeannan Stuart, Judge Randy Kennedy, Michael Castellarin, Nashville, Paul Housch, Probate Court, Senator Mae Beavers, Tennessee Attorney General, Tennessee Supreme Court of the Judiciary, The Nashville Bar, The Nashville Scene, Tim Discenza, Vanderbilt Psychiatric Hospital, WSMV/Channel 4/Nashville
URL: http://wp.me/p14NJl-9N