Wednesday, October 5, 2011

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How to File a Complaint Against a Judge and an Attorney (Chapter 1-Part 3; Judges and the Court of the Judiciary)

by Impeach Judge Randy Kennedy

"America will never be destroyed from the outside. If we falter and lose our freedoms, it be because we destroyed ourselves."- Abraham Lincoln

This series is an attempt to make the public aware of recourse we have versus judges and attorneys who have "broken the rules" governing their licensed professions as public servants and officers of the court.

Most civilians aren't even aware there is recourse, much less a governing body overseeing judges (Court of the Judiciary) to make sure they play by the rules (Judicial Code of Ethics; Judicial Code).

Considering that most civilians aren't aware (because the legal system has kept this information in check) of their right to file a complaint with these disciplinary committees, this lack of information reveals an intentional effort by our trusted servants to cover up the errant practice of their industry resulting in the utterly compromised condition of our legal system. In other words, the legal system won't be forthcoming with your rights to complain, for most are guilty of breaking the rules themselves. But when the rules are broken at the judicial level, even in the higher courts (and I witnessed it just last week in the TN Court of Appeals), it discredits and breaches trust in our entire government structure and furthers the chasm between public servants and the citizen-ship.

"Let the system work?" It cannot work when it is broken; and our legal system is broken, make no mistake, but not beyond repair. But If it is going to be repaired, it will require a massive effort on the part of civilians. We cannot count on the legislature, or its legislators, because it's primarily made up of former practicing attorneys who have contributed, wittingly or unwittingly, to its broken condition. This series on filing complaints is of paramount importance, for it brings the legal system into accountability and restores the power to "we, the people"; and that's what our forefathers intended-checks and balances. The legal system intentionally leaves us in the dark to this recourse because they don't want to have to play by their own rules. It takes the power away from them and puts it where it is supposed to be, where it was intended to be and where, by our efforts, will be, and that is in the hands of "we the people". If we do not take action, and action can commune in many forms such as filing complaints (there are other ways we will get to), the chasm will grow wider and this complex maze called "the law" will become even more unfathomable. And, by the way, the law is written by the legislature (made up of attorneys) and, in most cases, serves as nothing more than a cob web obstructing our view of the Constitution and Bill of Rights and the intentions of our founders. It also serves as a tool to keep us dependent on attorneys, which is just a created profession that I liken to dentists.

"Hmm, yes, you've got a cavity (some microscopic decay inside a tooth), so I'm gonna drill a hole in that tooth ten thousand times larger than your cavity, then I'm gonna fill it with metal, then ten years from now that metal will fall out requiring me to drill an even larger hole and more metal; then ten years later we're gonna have to drill away the entire tooth by means of a root canal, build you a new tooth that will crack ten years later and then I'll have to do it all again."

The legal system will never reach such disrepair. Before that could happen either "we, the people" will have taken back the power and democracy will survive; or Rome will burn while Nero laughs and plays his fiddle (i.e. the country is no more). Warning, as a country we are in the latter stages of decay, so we better take action or Rome will burn. The culture of greed that blossomed in the 90's has wilted into a culture of thieves and, make no mistake about it, the thieves are running the country-and into the ground. The probate court, largest business in the world, is looting our estates before we're in the grave. "Them that's got shall get, them that's not shall lose…" and Judge Kennedy, as probate judge, is making sure he and those that put him on the bench, get theirs before Rome burns. Let's not let him, and those that conspire with him, get away with it.

It's already gotten to the point where when a judge or attorney is challenged by a civilian, such as me, to "walk the line" (a paraphrase for the fundamental and legal requirement to play by the rules governing the practitioners of the law), it's perceived as a threat. Outrageous, but very revealing.

Unfortunately, the legal system has avoided accountability for so long, especially the judiciary (judges), that the bodies charged to govern its members have gotten in on the cover up. It's nice and tidy, especially here in Tennessee. They govern themselves via the COJ (Court of the Judiciary). Their wink and a nod tendency is absolute colleague protection instead of governing. And it invites corruption within the judiciary, in the same way "acts of God" invite predators in the form of volunteers and charities.

The legal system has a system of checks and balances in place that citizens can participate in, in fact, we are the check, but practitioners of the law have kept us in the dark in regards to our option to participate. Thus, the fox is guarding the hen-house, especially in Tennessee's Court of the Judiciary.

"We, the people" have a moral imperative to spread the word and make all citizens aware of the power we do have in the legal process, separate from judges and attorneys, and the governing thereof; which could, should and would result in the much-needed moral revolution within our legal system.

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Which begs the question, "Does judicial immunity protect them in their role as judges within the COJ?" Considering the majority of the TN COJ membership is composed of judges. We'll answer this question later in this series. In the meantime, I hope the COJ and its membership are squirming. They better be.

Which begs the question addressed earlier in this series; and in hearings held last week by the Tennessee Senate Judiciary Committee, "How can a governing body, comprised of judges, impartially judge judges and discipline a violator of judicial ethics appropriately so that "the punishment equals the crime" uniformly? They can't and won't, because, most likely, they have been violators themselves, in my opinion.

In consideration of the judges who have lived and conducted themselves above reproach (which should be the rule as opposed to the exception), please accept my admiration and commendation, but I cannot apologize on behalf of the judges who have brought the judiciary into question and disrepute. In Davidson County, Nashville, TN, we have a factory spitting out dirty judges constantly called Nashville School of Law.

I do not envy the role of a judge, for a judge who lives by the code must live a lonely life, not to mention the moral struggle between personal conviction versus accurately adjudicating the law. Unfortunately, based the judge who inspired this blog, and his actions in concert with our current COJ, great judges of high moral character who live above reproach do not exist in Tennessee. Based on the Judicial Code of Ethics, and the ignorance thereof ("ignore" being the root word), "we, the people" must do our part, and do it quickly, or one night soon we will be rudely awakened to "Rome burning".

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