Retired Michigan Justice Betty Weaver
Retired Justice Weaver may be unique as a judge that broke ranks with the judiciary. However, conditions that she documents in the Michigan Supreme Court are not unique at all
Los Angeles, January 20 – conditions in the highest court of Michigan, described by retired Michigan Supreme Court Justice “Betty” Weaver, are no less than a “burlesque” – a term used in the US Congress a century ago to described conditions in the US courts.
Justice Weaver has been an open and vocal critic of the Court, both before and after her retirement, on August 26, 2010, after 36 years of service in the Michigan courts.
She has been all along a proponent of court reform.
In response, the Michigan Supreme Court issued on November 17, 2010 a “Censure” of retired Justice Weaver, which was described by the dissenting Justice Diane Hathaway of the same court as “a formal censure without any adjudicative proceeding”.
· In her May 19, 2006 memo, then Justice Weaver objects to “unprofessional, undignified” conduct by the justices of the Michigan Supreme Court in conference, such as the use of the “N” word in reference judgeship candidate, and the reference to an appellate counsel as “ignorant slut”. [1]
· In her August 26, 2010 Justice Weaver’s retirement notice states: [1]
I have done all that I can do as a Justice and now believe that I can be of most use as a Citizen in helping further the critically needed reforms of the judicial system.
· In her October 19, 2010 public comments retired Justice Weaver states: [1]
Needless secrecy in Supreme Court Justices’ performance in the business of judicial government allows and encourages the abuse of judicial powers of interpretation and discretion. That can lead to violation of the rule of law and the unjust, unprofessional, unfair, and disorderly performance of the Justices’ duties.
· In her November 22, 2010 response to the November 17, 2010 “Censure”, retired Justice Weaver states: [1]
What did happen is that on November 17, 2010, five (5) of the seven (7) justices of the Michigan Supreme Court violated the Michigan Constitution.
Retired Justice Weaver may be unique as a judge that broke ranks with the judiciary. However, conditions that she documents in the Michigan Supreme Court are not unique at all:
· A 2010 report by the United Nations Human Rights Council referred to “corruption of the courts and the legal profession” in California. [2]
· Regarding conduct of the state courts in the United States in general the following was reported in summer 2010: [3]
On July 26, 2010, Laurence Tribe, Senior Counsel for the United States Department of Justice, Access to Justice Initiative, delivered an important speech to the Conference of Chief Justices, challenging them to halt the disintegration of our state justice systems before they become indistinguishable from courts of third world nations.
· The recent Motion to Intervene in the US Court of Appeals, 9th Circuit, under Log Cabin Republicans v USA et al, [4] describes conditions at the US District Court, Central District of California, where entire litigations are conducted in deliberately invalid manner. However, the electronic authentication/attestation records, which would have enabled the public to discern the facts in such matters, are kept confidential.
· A deliberately invalid litigation where a false and deliberately misleading docket was published online by the court was detailed in conduct of the US District Court, Southern District of New York, under Securities and Exchange Commission v Bank of America Corporation. [5] Request was consequently filed with US Congress for the impeachment of US Judge Jed Rakoff and Clerk of the US Court Ruby Krajick. [6]
· Similarly, a deliberately invalid litigation where a false and deliberately misleading docket was published online by the court conduct was detailed in conduct of the US District Court, Eastern District of Virginia under Commonwealth of Virginia v Sebelius. [7]
· Secrecy in conduct of the Supreme Court of the United States, denial of the right to file petitions, denial of the right for valid and honest notice and service by the Office of the Clerk, and no evidence of adjudicative proceedings in the public paper court files led to the very recent request for inspection of the electronic records of the Supreme Court of the United States. [8]
Links:
[1] Retired Justice Weaver’s web site:
11-01-20 Press Release: “Burlesque” in the Highest Court of Michigan and beyond….
[2] 10-04-19 Human Rights Alert (NG0) submission to the United Nations Human Rights Council for the 2010 Review (UPR) of Human Rights in the United States as incorporated into the UPR staff report:
[3] Prof Laurence Tribe, Harvard Law School (2010), per National Defender Leadership Institute
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
http://www.nlada.net/library/article/national_dojspeechto%20chiefjustice07-26-2010_gideonalert
[4] 11-01-07 Log Cabin Republicans v USA et al (10-56634) at the US Court of Appeals, 9th Circuit - Motion to Intervene and Concomitantly Filed Papers as published in the online PACER dockets
[5] Zernik, Joseph: Securities and Exchange Commission v Bank of America Corporation - Pretense Litigation and Pretense Banking Regulation in the United States
[6] 11-01-10 Request for investigation/impeachment proceedings, in re: US Judge JED RAKOFF and Clerk RUBY KRAJICK, US District Court, Southern District of New York, Conduct of Securities and Exchange Committee v Bank of America Corporation (1:09-cv-06829)
[7] 11-01-13 Press Release: Commonwealth of Virginia v Sebelius in the US District Court – Constitutional Challenge to the Obama Health Care Law – Appears as Deliberately Invalid Litigation
[8] 11-01-18 Press Release: Request Filed to Inspect and to Copy US Supreme Court Electronic Records
http://www.scribd.com/doc/47177524/
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