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Criminal Defense Advocate 
Member since Feb 10, 2012

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Re: “The Hot Springs woman in the paper mask

The title would have been best stated: "ATTORNEY’S CLEAVAGE VS JUDGES CLEAVER." A wise man once said “speak softly and carry a big stick”. This comment could have been portrayed in multiple fashions. However, the man who spoke these words happened to be Theodore Roosevelt, and his actions, as well of that of his Cousin helped forge this country from poverty into what was at one time and still is considered by most the most dominate superpower in the world. This, my friends is not a history lesson, but instead a wake-up call to an alarm that should be recognized from coast to coast and border to border.
It seems that this ideology has been sadly lost with time along with the concept of American ingenuity. We live in a nation in which anyone can take nothing and make anything.
It is sad that the same concepts which spawned generations of “tough”, “no nonsense” and “at all costs” characteristics within its countrymen have been molded into methods of allowing those born into fortune to secure their seats of power and snuff out any who might not conform to their standards. This is simply unacceptable and even counterproductive to the cultivation of success.
One might ask himself, what the hell does this have to do with the issue at hand? The simple answer is that when any person in this great country allows fear to dictate common sense, then that same individual has desecrated the Constitution and opened a Pandora’s Box for government control. The elasticity of said document is now encumbered with the special interest of the few and powerful.The polarization of classes has been pushed further away from the essential ideas of life, liberty and the pursuit of happiness. The relation of this polarization and this article which was whimsically stumbled onto, have left no choice other than to convey dismay towards the three branches of government.
How can any reasonable person expect a Circuit Judge, or any judge for that matter, to act in a fashion other than “untouchable” if that Judge in fact IS untouchable? This allows misconduct and spite to take the place of impartial rulings and logic. The grit of this article has given way to the humorous aspects (as so often found in media) for the sake of invoking consumers to actually read its contents. The true challenge is piercing the marketing techniques in order to truly read between the lines. The fact that prisons in America are overflowing to the point that true violent offenders are serving mere fractions of their sentences coupled with the privatization of said prisons in order to create profits and create career criminals have left this once great country in a new kind of depression.
The playing field is no longer level, and it is now an uphill battle for criminal defense attorneys to compete against a coalition of judges and prosecutors who wish nothing more than to maintain their position of power. What happened to the beautiful concept of justice and impartial judges? What happened to the idea that anyone who is prosecuted is innocent until proven guilty? Has this Country become so embroiled in the rich and powerful trying to maintain their seat of power that we have lost direction with a moral compass that no longer points north?
The Circuit Judge in this article is obviously abusing her power to the point that she no longer cares about the oath that was sworn when she filled the once prominent robe that she now soils. There is no room in our judicial system for personal vendettas, especially at the expense of the citizens.
Furthermore, how can a Judge be the single determining factor for their personal conduct and recusals? A separate entity for judicial review is imperative and has already been adopted in many states in order to secure a logical form of checks and balances opposed to allowing Judges to essentially grade their own performance.The appropriate standard as stated by the model code of judicial conduct is based not only on impropriety,but merely on the appearance of impropriety. Furthermore, the judge has the sole responsibility of making an unbiased decision as to whether or not they were biased in their original decision. This logic is clearly flawed and gives a judge unbridled power to basically make up the rules as they go. It is impossible to expect a biased judge to recuse themselves based on the appearance of impropriety because of the fact that every person is naturally biased towards their own decisions.
If forcing a defense attorney to wear a mask while litigating a case; compelling her to sit in a court room for an inordinate amount of time for inappropriate cleavage because it is distracting; and not allowing communications in chambers or simply via telephone while allowing other attorneys (including the prosecution) these privileges without hindrances does not show appearance of impropriety by a Judge, then who is the idiot determining what appearance of impropriety truly is? Oops, one forgets. Sorry your honor. If this is the level of unprejudiced decision making in a court that frequently handles custody battles and felony charges, in all actuality, it can be expected that the children will be in state care while I’m serving thirty years in a state facility after the next traffic violation I receive.
Roosevelt did not say yell at the top of your lungs and wildly flail sharp objects. He definitely did not ask for someone to decide for themselves whether this conduct was acceptable. It is time to WAKE UP. The implications of this matter are far more pertinent than that of the acceptable amount of cleavage in the courtroom. They have more to do with the Judge yielding cleavers in the courtroom, and then excusing her own behavior. After all, who is keeping tabs?

Sincerely and with warmest regards,
Arkansas Criminal Defender

46 likes, 48 dislikes
Posted by Criminal Defense Advocate on 02/10/2012 at 11:00 PM

 

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