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Brian Bally 
Member since Feb 6, 2012


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Re: “The Hot Springs woman in the paper mask

FEAR NOT ANY CORRUPT POWERS THAT INHIBIT CHANGE BUT INSTEAD INNITIATE THE CHANGE THAT WARRANTS THEIR FEARS FOR THIS IS THE AMERICAN WAY

Please ponder this simple legal quagmire. The standard for judicial recusal is not beyond reasonable doubt or even beyond the preponderance of evidence. The appropriate standard when determining the issue of recusal is stated by the model code of judicial conduct based not only on impropriety (actual bias) but on merely the appearance of impropriety. Furthermore, the judge has the sole responsibility, in Arkansas, of making an unbiased decision as to whether or not they are biased. Is it just the determination of what most consider a society based on rationality and logic or is this completely insane? If the judge is truly biased and this “judicial honor system” is intended to foster fair and impartial rulings, then how can Judge Hearnsberger be empowered or expected to effectively make a fair decision as to her own impropriety?
It is even more unbelievable that the standard allows Judges to rule on their own appearance of bias. People inherently consider themselves objective and fair, introspectively, while using realistic human behavior to identify bias in others. I think that we risk becoming the best informed society to die from ignorance. If the Judge truly bias then the possibility of recusal is based solely on a self-realization. This changes the element of recusal from appearance of impropriety to a self-realization or introspective journey on behalf of the Judge into her own psyche.
There is an old adage which conveys the idea that to truly get a firm understanding of any society, look first at its penal system. We are forced occasionally to evaluate our personal standards and moral fortitude in comparison to the code set forth by the society. One should not be shunned or discredited for standing firm in their individual principles without fear of the ensuing whiplash accompanied with head-on confrontation by questioning an understandably flawed system. It is a sad thing to be proclaimed a revolutionary, profit or martyr just for being a reasonable person.
Judicial and Prosecutorial misconduct is running rampant in our legal system on all levels. How can any individual be innocent until proven guilty when the prosecution and judges have formed an apparently natural alliance in which prosecutors’ have been allowed a strategically elevated position allowing them to essentially pick their battles? This enables elected officials to pad their record ensuring reelection and providing a more proficient means of proving how capable they have become at creating a society in which more people are currently imprisoned per capita than any civilization in recorded history.
We must take a deeper look into ourselves and our personal beliefs to ensure that these beliefs are being reflected by legislation and properly instituted by the judicial system.
This article is in direct correlation with, as well as, a prime example of an individual who is not afraid to stand up and fight for an obviously unwavering personal ethical code. This type of behavior is commendable and demonstrates backbone and strong will while in the face of adversity.
This scenario is newsworthy because of its comical and amusing aspects however it strikes deep into the heart of the Constitution of American and therefore the very principles in which this great Country was founded. We should applaud this young woman for not simply accepting things because they are written in a serious looking book and commonly accepted. She found obvious flaws in the standard of judicial review and was not afraid to attempt to fix them. In my opinion, our government in general needs more people like this in order to keep this precious and elastic document both precious and elastic.
PS: For the gentleman that commented on media being partially or wholly responsible for the decline of moral standards in today’s society, I do not completely disagree. My challenge to you is this sir, follow the example set by this young woman and do something to repair it.

55 likes, 46 dislikes
Posted by Brian Bally on 02/06/2012 at 6:20 PM

 

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