Tuesday, October 27, 2015

From auditing judges, to forming a media coalition for justice, to reaching out to presidential candidates, to developing a civic movement for judicial accountability and liability

Dear Mr. Bernstein, Mr. and Mrs. DeCoursey, Ms. Block, Mr. Zambino, and Advocates of Honest Judiciaries,

 

The way you, your colleagues, and all other advocates ofhonest judiciaries can join forces with us is by networking with colleagues,friends, and acquaintances of yours who know people who know other people whocan reach the officers of any and each presidential campaign, especially itsmanager, to make them aware that if they expose judges’ wrongdoing and advocatejudicial reform, they will advance their own electoral interest by drawingsupport from the huge(see the statistics below) untapped voting bloc of allthose dissatisfied users of the judicial and legal systems, including victimsof wrongdoing judges and advocates of honest judiciaries.

 

Presidential candidates are in desperate need to find anissue that maintains them on the news or they will be forced to drop out of therace for lack of support.

 

They would be willing to take the risk of denouncing judges’unaccountability and consequent riskless wrongdoing as a way to outrage thenational public and cause ever more journalists to jump on the bandwagon ofinvestigation of the nature, extent, and gravity of judges’ wrongdoing. Therebythey can become known as the candidates who first exposed pervasive judicial wrongdoingand showed the need for profound reform of the judiciary.

 

The courageous and most likely opportunistic candidates thatdid so would run into their party’s presidential candidate nominatingconvention next year as the nationally recognized Champions of Justice, whichcan increase their chances of winning the nomination.

 

The article below explains this proposal. I offer to presentit to any candidate, his or her campaign manager, and their aides at a videoconference or in person.

 

So, how can you network me to the top campaign officers,particularly the manager, so that they may recommend to their presidentialcandidate to examine my proposal and invite me to make a presentation of thestrategy for engaging in their own interest in judicial wrongdoing exposure andreform advocacy?

 

I look forward to hearing from you. Ifyou do not receive within four days at least my acknowledgment of receipt ofyour email, send it repeatedly until you do since it may have beenintercepted(* >ggl:1 et seq.)

 

Dare trigger history(*>jur:7§5)…and you may enter it.


 

Sincerely,

 

Dr. Richard Cordero, Esq.

Judicial Discipline Reform

New York City


 


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NOTE 1: Given theinterference with Dr. Cordero’s email and e-cloud storage accounts described at* >ggl:1 et seq.,when emailing him, copy the above bloc of his email accounts and paste it inthe To: line of your email so as to enhance the chances of your email reachinghim at least at one of those addresses.


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NOTE 2: Watch theinterview with Dr. Richard Cordero, Esq., by Alfred Lambremont Webre, JD, MEd,on the issue of exposing judges’ wrongdoing and bringing about judicial reform,at:


or


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Re: When pro ses join forces to audit judges in search of patternsof judges’ disregard of the facts and the law and hold them accountable



Auditing Judges

Exposing judges’ wrongdoing

byfinding commonalities in their disregard of the facts and the law

thatreveal patterns of wrongdoing

thatdenies due process and equal protection of the law

When proses start thinking strategically,

take theirhands into action for justice, and

by takingadvantage of the presidential election campaign develop into a civic movementthat holds judges and all other public servants accountable and liable to theirvictims
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By
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Dr. RichardCordero, Esq.Ph.D.,University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, ParisJudicial Discipline ReformNew YorkCity
.

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This article may be republished and redistributed,provided it is 
in its entirety and without any addition, deletion, or modification,
and credit is given to its author, Dr. Richard Cordero, Esq.
.
.

A.Anecdotic allegations v. pattern evidence of judges’ wrongdoing
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1. A party to a lawsuit cannot merely allege in court thatthe judge is biased or is engaged in other wrongdoing and thereby cause a judgeto recuse herself or have her disqualified. The party must provide evidence ofhis allegations; otherwise, the allegation will be dismissed as impressionisticand anecdotic, and the party will be disparaged by being labeled ‘a disgruntledloser’.
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2. The most convincing way of making such allegations is byidentifying in one’s case an instance of conduct, an event, statement, position,person, name, address, date, number, quantity, etc., that is the same as, orsimilar to, another in the same case or in several of them, or better yet, in astatistically representative sample of related cases, e.g., those presided overby the same judge or in the same court or jurisdiction: These are commonalities.
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3. When connected, they form a pattern of wrongdoing(* >ol:154¶3). It is like finding in a judge’s conductand written or oral statements dots with a common color or shade that whenconnected reveal a figure: the face of a wrongdoing  judge(* >jur:10:Natureof…).
..

_________________________

* Thisarticle is part of Dr. Cordero’s study of judges and their judiciaries titledand downloadable as follows:

 

ExposingJudges’ Unaccountability and 
Consequent Riskless Wrongdoing:
 
Pioneering the news and publishing field of
judicial unaccountability reporting

 




 

If theselinks do not download the file in Internet Explorer, download either of thefollowing browsers, install it, copy the first link above into the browsersearch box, and hit ‘Enter’. If the file, which has over 760 pages and is morethan 50MB in size, does not download, try using the other links:

 


or


 

All (blue text)references herein are keyed to the study, where they are activecross-referential links, and where this article is found at page(ol:324).

_________________________
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4. Pattern evidence is the picture in, “A picture isworth a thousand words” of mere allegations of parties, never mind proses. That is what auditing a judge means.
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5. So a party can either:
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a. whine about allegations without evidence, which areunconvincing and self-defeating; or
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b. think and proceed strategically(Lsch:14§3;   ol:52§C  ol:8§E;   jur:xliv¶C) toexpose the judge’s disregard of facts and the law, bias, conflict of interests,etc.; obtain relief now; and for the wrong done to the party by the judge aswell as by the judiciary that failed to supervise and discipline her obtainperhaps even compensation from both in future.
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6. A party that chooses the latter, strategic course ofaction can:
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a. gather raw data, e.g., judges’ calendars,rulings, and decisions or even the whole record of cases to glean herstatements from transcripts, dockets, party contact information; and
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b. examine them and compare noteswith other parties in search of commonalities that reveal patterns of wrongdoingthat deny parties due process and equal protection of the law in violation ofthe state and the U.S. constitutions, the laws thereunder, court rules, etc.;


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c. use such pattern evidence in an appeal to thehighest state court and thereafter to the U.S. Supreme Court, where it hardlyever reaches because most pro ses do not know how and cannot afford to appeal,so that a case that does make it there can become a test case; and
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d. additionally produce concrete, verifiable evidenceof wrongdoing(jur:5§3) reasonably calculated toattract the attention of journalists(ol:197§1) insearch of a scoop(ol:199§H) and so outrage thepublic(ol:193§D) as to stir it up to force politiciansto call for judges to be held accountable and investigated at nationallytelevised hearings (ol:273¶¶5-7).
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7. Exposing judges in court with convincing evidence doesnot mean obtaining relief from the presiding judges. Relief can come throughits publicity effect on outsiders(ol:271):
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8. The all-too many presidential candidates that haveentered the 2016 Campaign are in dire need to be among the limited number ofthem who will be invited to the candidates’ debates, and survive the earlyprimaries. Whether honestly or opportunistically, they can choose to become thechampions of the huge(ol:272¶4) untapped votingbloc of people dissatisfied with the legal system, especially those among them mostpassionately committed to exposing wrongdoing judges: their victims.
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9. Patterns can be expressed in percentages of all cases ofa given type, e.g., how many times a commonality pointing to bias was detected,such as how many times a judge dismissed a case brought by a pro as compared tosimilar cases brought by a represented party where she denied a motion todismiss. Patterns can be represented in charts(jur:9);tables(jur:10,11,15,16); and classic graphs ofX,Y coordinates(jur:12-14).
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10. There are many forms for visuallyrepresenting sets of values, e.g., side by side columns to compare percentages;bell curves for normal distributions; pie charts for shares of a whole, timelines that indicate fluctuations over time as well as trends; intersectingcircles for shared characteristics, etc. These are statistical concepts that gofrom the very simple, which parties may be using without knowing it torepresent the ups and downs of their income and their home budget, to the moresophisticated.
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11. The above describes how the pursuitof an unconventional, strategic course of action in court by go-getters canprovide support for, and lead to, an out-of-court strategy(ol:236) for exposing judges’ wrongdoing and bringingabout judicial reform at a politically favorable juncture.
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1. The use of statistics in court was introduced byThen-Attorney Brandeis
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12. Statistics have been used in courtsfor a very long time since the first time, one which provides an illustriousprecedent: Before Louis Brandeis became a justice of the Supreme Court in 1916,he was an effective litigator advocating progressive causes. He won his cases,not only by arguing the law, but also by writing briefs where he presentedsocio-economic data and treated it with as much rigor as if it were legalevidence.
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13. The best known of such briefs of hiswas filed in Muller v. Oregon, 208U.S. 412, 28 S.Ct. 324 (1908). There Then-Attorney Brandeis used social andeconomic studies to argue successfully to the Supreme Court that it shoulduphold statutes limiting workdays for women to a maximum of 10 hours. Hisbriefs were so innovative and persuasive that they gave rise to a new type ofbrief: the Brandeis brief. They contributed to ushering in a more just societyand thus, to making history. In time, Brandeis became a justice.
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14. Programs such as Excel and PowerPointturn massive amounts of numeric data into color graphs that Brandeis could notdream of and that substantially enhance their understanding(cf. dcc:11).
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B. Partiesjoining forces to audit judges so as to advance their common cause
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15. Each party need not work alone toexamine the data concerning the judge in his or her case in search of patternevidence of wrongdoing. Parties who have appeared before the same judge or havean ongoing case before her can join forces to do so. These similarly situatedparties can form a group of strategic thinkers and doers, rather than remain asisolated whiners and losers.
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16. Parties will not be joining forces tosearch for pattern evidence so as to form a class that brings an action incourt against judges. That is a futile exercise, doomed to fail at the hands ofthe defendant judges’ peers, colleagues, and friends, who will preside overtheir trials and any appeals, and protect their own and themselves(ol:158).
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17. Rather, it is an exercise in gatheringevidence in support of the two-pronged approach(supra¶4c,d; ol:248) to exposing judges’wrongdoing.


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18. The parties must join forces toadvance a common cause rather than each one work alongside others only tobenefit his or her own personal case. They should realize that it is useless foreach of them to take on coordinated(jur:88§§a-c)judges in their turf, the courts, where they arbitrarily handle and make rulesas they go, and their staff, who must execute their wrongdoing orders lest theybe fired without recourse(jur:30§1).
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19. It is foolhardy to take all of themon with the arms of a pro se: ignorance of the law, TV notions of courtprocedure, lots of self-defeating, disruptive, blinding emotions, and wishfulthinking that is no substitute at all for strategic thinking.
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C. How a partycan go about locating others wronged by the same judge
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20. A party looks up the list of cases onthe calendars of the judge in its case, which are:
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a. posted on the court’s website or the judge’swebpages on that site; or
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b. affixed on the wall outside the judge’s courtroomevery motion hearing and trial day and of which a picture can be taken with asmartphone or tablet.
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21. The party extracts from the calendarsparty names and case docket numbers to find:

 

a. briefs
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1) on the court’swebsite to download them;
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2) in the court’sresearch room or law library, where they are in paper form;
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3) throughcomputer research in the legal databases of:
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a)PACER (Public Access to Courts Electronic Records),https://www.pacer.gov/, accessible through anycomputer;
.

.


 

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which are accessible through computers and WIFI at thecourt and public and law school libraries or a subscription later on bought bya group of parties.
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4) Those briefshave the contact information of similarly situated parties. Most likely they willbe persons, not companies. Ordinary cases brought by persons, even ifrepresented, neither hold as much interest for judges nor command as much oftheir respect for due process as those filed by the likes of Pacific CoastDocks against NY Association of Importers, represented by big law firms and toplawyers ready to appeal and embarrass sloppy and wrongdoing judges(jur:45¶86).
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5) Pro ses aretrampled. Their cases can be identified by the absence next to their names ofan attorney’s name. Person cases and pro ses are easy prey for wrongdoing judges;and
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b. their phone numbers.
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1) The phonenumbers of parties are not on calendars, but should be on the cover page oftheir briefs; otherwise, the party names found in the calendars can be used tolook up their phone numbers in the phone book or the Internet white pages.
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22. The party uses a well-rehearsed briefmessage to contact those similarly situated parties, e.g.:

 

a. I have a case before Judge Z and foundout that you do too. She has disregarded the facts and the law in my case. Ifyou feel that way as to your case, you, I, and others like us can join forcesto expose her by detecting common points of her wrongdoing that reveal apattern of wrongdoing. That is convincing evidence to be used in a test case togo before our highest state court and as an incentive for journalists andpoliticians to expose her.
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b. You andI can find other parties using the method I used to find you. When there arefive of us, we can meet at a party’s home to search for common points. I canshare with you an article explaining thissearch(ol:274) and templates(ol:280,282) for organizing our work.
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D. Meetingsof parties are sessions for division of labor and getting work done
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23. Meetings are not social occasionswhere people who do not want to be alone come together to commiserate. They arenot for chatting, so wasteful of time and effort. Sobbing together as they passthe box of Kleenex is not the same as professionally gathering the data,detecting their commonalities, and using them to establish patterns of judges’wrongdoing.
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24. Meetings are occasions for working.Everybody should come to the meetings with a laptop, a tablet, or a yellow padand a smartphone. The best meeting place is where there is a large table wherepeople can sit at in business-like fashion. There should also be power stripsto plug in all the electronic devices so that nobody need stop working becausetheir device ran out of battery power.
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25. It should be a quiet place. A pooltable in the back of a bar on a Saturday night is not conducive to working. Thebox of Kleenex is for the group members’ profuse sweating, but not because theplace is hot and stuffy.
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26. The invitation to the meeting mustset forth the preliminary work that each party should have done in preparationfor the meeting; and the agenda of the meeting; at the end of it, the agendawill provide the measure of what the group accomplished.
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27. Everybody must bring their documentsorganized chronologically in a binder or on a pdf, not thrown together in asupermarket plastic bag.
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28. Documents yield the most informationwhen they have been scanned into a searchable pdf. Then when a group memberproposes key terms to search for a possible point of commonality, such as aname of a lawyer or a clerk or a date, all group members can open the pdf’sbinocular icon and enter those key terms in the search box to look for thatterm in all their documents.
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29. Rummaging a hundred or hundreds ofpages manually and visually every time a term must be searched istime-consuming, exhaustive, and unreliable.
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30. Moreover, pdf’s can be annotated withelectronic sticky notes that do not deface the document and can be searchedwith the search function. Ideas can be committed to writing, not to memory.
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31. The parties should bring their documentspreceded by a table listing each one’s title, sender, addressee(s), date, andpage number, and bearing a note on whatever makes that document relevant; cf.the summarizing title of this article(ol:274).
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32. A well-prepared table of documentsserves as a summary of a party’s case. It can be shared with the group by emailin advance so that as the members read it, they can spot a possible point ofcommonality to search.
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33. See the table of documents template(*>ol:280); see also the table of documents ofthe main file(* >ToC:i) and its bookmarks.
* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf >ol:280
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34. Meetings are also opportunities forthe parties to realize that they eventually will have to contribute financiallyto the effort to find commonality points; establish patterns; bring them to theattention of journalists(* >ol:250) andpoliticians; appeal to the highest state court and the U.S. Supreme Court;publicize their effort through intense mass-emailing and social media use.
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35. The parties who agree to join forces mustproceed methodically. They can elect a meeting leader. The latter can organizegroup work by applying the fundamental principle of any organization, i.e.,division of labor in accordance with each person’s skills and preferences andthe organization’s needs and objectives.
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36. Some members may be more adept at searchingfor parties’ contact information; if so, they may pass on that information tothose members who are more articulate and can communicating with others on thephone or in person.
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37. Every effort should be made tocontact and attract the attorneys of represented parties. Their knowledge ofthe law is priceless.
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1. Tasks of the group of searchers of judicialwrongdoing pattern evidence
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38. The initial task of the group is to:
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a. identify each instance of apparently disregarded orfalsely alleged facts, and the law, court rules or any ethical or professional[fn.123a] provision deemed to have been violated bythe judge, clerks, and other insiders[fn.169]; and apparently relevant characteristicsof people, which may later on prove to be correlated, e.g., dismissals and formdenials are signed on Fridays when the judge leaves early to play golf at hiscountry club with some lawyers;
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b. tabulate the data in a table:
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1) with a tophorizontal row of labels for classifying facts and provisions:
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a) facts, e.g., deadlinealleged missed, affidavit missing; date manipulated by clerk; ex parte meetingwith opposing counsel; unadvertised auction of assets; prevented or cut short examinationor cross-examination of witnesses; and
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b) provisions and theircitations: e.g., judge appointing spouse, Rules of the NY Chief Judge, 22NYCRR Part 36.2(c)(3);and
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2) in thevertical column on the left are listed the characteristics of people, e.g.:
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PARTIES
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a) pro se
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b) represented by counsel
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(1) a solo practitioner
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(2) law firm with between 2-10,11-50, 51+ lawyers


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c) parties income range

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d) parties educational level

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e) area of residence

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f) plaintiff or defendant

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g) male or female and age

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h) kind of party: creditor,debtor, driver, pedestrian, banker, professional, etc.

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JUDGES

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a) size of law firm where the judge worked beforecoming to the bench

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b) work experience the judgehad before coming to the bench:

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(1) prosecutor

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(2) lawyer at a governmentagency or legislative branch

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(3) lawyer for a company or apublic interest entity; etc.

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c) gender, age, and years onthe bench

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d) party affiliation of judgeor of appointing officer; etc.

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3) square ofintersection between the row of headings and the column of characteristics:

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a) name of case with docketnumber and date

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b) case decided or pending; etc.

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Other people

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a) law/court clerks, lawyers,auctioneers, accountants, real estate developers, etc.

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E. Fromgroping for sense in a fog of data to becoming Champions of Justice

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39. Auditing a judge’s decision is aninvestigative exercise. At the beginning, the group will not know what is a commonalitypoint or, if so, whether it has any evidentiary value. Patterns are not evensuspected until much later, when sense starts to emerge from the points’ relatedness.

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40. To perceive meaningful commonalities,the group must apply the two key elements of social intelligence to understand thedynamics between parties, judges, clerks, lawyers, etc.: what makes people tic–power, money, love, hate, safety, fear, job insecurity, etc.– and what makesthe world turn around –interpersonal relations, clan mentality, tradition,values, ideals, the economy, politics–.

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41. This will allow identifying harmoniousand conflicting interests between parties so as to recognize who is an ally andwho is a foe(* >Lsch:14§2; ol:52§C; dcc:8¶11).

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42. The effort to find commonalities in cases, parties, andjudges can reveal a pattern of bias, conflict of interests, dysfunctionality inthe court, turf fighting, schemes among connected people, prejudice, etc.

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43. The tabulation is a data organizingexercise. In its initial stage, the group will not know what is statisticallyrelevant: what happens so frequently or infrequently for that judge, otherjudges, or people generally that it can only have happened intentionally. So itis a commonality point that forms part of a pattern of some form of wrongdoing(Lsch:17§C).

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44. This requires that at the outseteverything be listed. Later on the data will be sorted out into what is or isnot a commonality point showing wrongdoing; see the table of commonalities andpatterns template(* >ol:282).

* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf 

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45. At the end of each meeting, theagenda for what the members should do at home and what they will do at the nextmeeting should be set. That includes growing the group; getting documents; and networkingto be able to present at the right time any incriminating audit results tojournalists and presidential candidates(ol:269§2).

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46. The meeting will have been a successif the consensus is, not ‘that guy is a lot of fun. I wish him well’, butrather, ‘Our group leader is a slavemaster… butwe got a lot done. We’re gonna get that judge! I’m coming to the next meeting withmy friend’.

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47. Working together breeds enthusiasmand optimism. It can coalesce ineffective single parties into a team of achieverswith valuable skills that they can teach others in their own and the publicinterest.

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48. The members will be asked to investeffort, time, and resources to grow the group of parties before their and otherjudges; and to spot insiders who can be persuaded to become confidentialinformants(jur:106§c). That is how they canbecome the organizers of their court’s questers for justice. As such, they willorganize other courts in their city, in other state cities, and in otherstates.

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49. A group that first met in anapartment garage and had to put their computers on a door resting over twotrash cans can grow to become a Tea Party-like entity: a national civicmovement of people who pursue strategically and with determination their convictionthat We the People are the masters ofall public servants, including judicial ones, and are entitled to hold themaccountable and liable to their victims.

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50. We can become the People’s Champions of Justice(ol:235§C).

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This article and its templates are at


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So I look forward to hearing from you.

 

 

Dare triggerhistory(*>jur:7§5)…andyou may enter it.


 

Sincerely,

 

Dr.Richard Cordero, Esq.

JudicialDiscipline Reform

NewYork City


 


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NOTE 1: Given the interference with Dr.Cordero’s email and e-cloud storage accounts described at * >ggl:1 et seq., when emailing him, copy theabove bloc of his email accounts and paste it in the To: line of your email soas to enhance the chances of your email reaching him at least at one of thoseaddresses.


.

NOTE 2

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