Blog Discipline

Saying the truth about an idiot judge can get a lawyer in bigger trouble than the judge's behavior does. From the Sun-Sentinel-

A defense attorney's law license is at risk because he posted an angry description on the Internet of embattled Broward Circuit Judge Cheryl Alemán, calling her an "evil, unfair witch."Last week, as Alemán was on trial for alleged misconduct before the Judicial Qualifications Commission, The Florida Bar signed off on its finding that Sean Conway may have violated five bar rules, including impugning the judge's qualifications or integrity.

In the Halloween 2006 posting on a blog, Conway denounced Alemán for what he said was an "ugly, condescending attitude" and questioned her mental stability after, he says, she unlawfully forced attorneys to choose between unreasonable trial dates or waiving their clients' rights to a speedy trial.

Conway, a former Broward assistant public defender now in private practice, said Wednesday he feels justified in his comments.

"She was giving people one week to prepare for trial and as soon as the blog exposed it through powerful words she stopped it," he said. "And that's why I stand by what I did. Sometimes the language the bar approves of doesn't get the job done."

Conway, 36, also filed a complaint against Alemán with the Judicial Qualifications Commission, the state agency that polices judicial conduct, citing her "deliberate refusal" to follow the law and insolent behavior. Conway says he hasn't heard from the commission since a May 29 letter acknowledging his complaint.

Alemán was unavailable for comment Wednesday.

In the meantime, the judge awaits the outcome of her three-day trial for allegedly threatening to hold defense attorneys in contempt and refusing to remove herself from cases in which she had an acrimonious relationship with the defense attorney.

If she's found guilty, she could face anything from a public reprimand to removal from the bench. Likewise, if Conway is found guilty of violating bar rules, he could face discipline ranging from a reprimand to disbarment.

Knucklehead Judge Alemán looks destined to get nothing more than a reprimand. Because at the end of last week's hearing that's what Lansing Scriven, counsel for the Judicial Qualifications Commission asked for.

Alemán's inability to assess her own conduct called for the reprimand, Scriven told the commission's six-person panel.

While at the same time Scriven said "This is a judge who doesn't have the ability to see what others see."

I've stated repeatedly that Judges need to be held to a higher standard. They have too much power and can take people's liberty and possessions through their rulings. Alemán, as I said last week, deserves nothing less than being removed from the bench.

Now the lawyer who brings this woman's judgment into question, could face repercussions for stating the truth. I know there are bar rules, but muzzling people from calling out injustices is that just itself? Episodes like this tells you a great deal about the legal system today and how justice is a disgrace in much of this country. You'll be damned for telling the truth.

Linked to- Adam, Bright & Early, Bullwinkle, Leaning Straight Up, Right Wing Nation, Rosemary,

Ducks or.......

First the headline-

Linking President to Penis May put Pole in Prison

Which Pole are we talking about? For a surgeon may be needed.(Sarcastic laughter time)

Now as Paul Harvey might say, here's the rest of the story.

WARSAW (Reuters) - A Polish computer programmer could face up to three years in jail for linking a Polish word for penis to the presidential Web site.

Marek W., 23, created a programme that caused the official home page of Polish President Lech Kaczynski to rank first in the list of results on the Google search engine when "kutas", a vulgar term in Polish, was typed in by an Internet user.

The computer programme did something similar to a practice known as "Google bombing" that links the Web sites of politicians and companies to insulting words or phrases.

He has been charged with insulting the president and prosecutors said on Friday he could face up to three years in jail if convicted.

"This is not a matter of freedom of speech," said Andrzej Holdys, a regional prosecutor in the southern town of Cieszyn, where the programmer lives.

"If somebody uses a derogatory word to libel the head of state than it's a clear insult which violates the law."

Police said the suspect confessed to writing a programme to test his skills at creating a Google bomb. Police and prosecutors did not give the programmer's full name, as is usual when someone faces charges in Poland. He has not been detained.

President Kaczynski and his twin brother, the prime minister, have been popular targets for jokes and caricatures both in Poland and abroad. They are referred to as the "ducks" because their name is related to the Polish word for the bird.

This should be a matter of free speech, and a criminal offense. I always feel there's danger when the government or any official can decide what is allowed and what isn't.

James Joyner notes-

More seriously, this isn’t exactly a strong indication that Poland has fully embraced liberal democracy. The former Warsaw Pact nation was one of the first to stand up against Soviet domination and has been admitted to full membership in the EU and NATO. It’s about time for them to get on board the free speech bandwagon.

Yes one Russia is enough. I guess old habits are hard to break in that part of Europe. Polish politics were much simpler when this man was President. I got to look through our old photo albums. My wife had her picture taken with Aleksander Kwaśniewski in 2000 when we visited Poland.

Update- The photos we have of Kwasniewski don't include my wife but I have put them below. The Polish President signed a postcard for Leonita, but the signature is hard to decipher. Leonita did talk to the President for like two sentences. Something about her being from Florida.

The photos were taken in Hel Poland, August 2000. See how close we got to a President. I'll never be that close to whomever is elected in 2008. Go to the
wikipedia link above if you don't believe that is President Kwasniewski. Besides don't all those men in sunglasses remind you of the US Secret Service?

If you want to see my Filipina wife ride a Polish pony, click here. LOL.

Linked to- Adam, Morewhat, Right Wing Nation, Third World County,

Where's the Dramamine? Part Fourteen

Two editorials from the St. Petersburg Times. First comes this-

Protecting loud, unfriendly speech
A Times Editorial
Published June 22, 2007

The St. Pete Pride festival is an annual event where hundreds of gays and lesbians, their families and supporters come together to enjoy a day of revelry, celebration and fun. The parade and festival should be a symbol of St. Petersburg's hospitality toward the gay community. But last year a small group of religious protesters used the occasion to spout their bigotry. The city is looking for ways to contain the protesters during this year's St. Pete Pride event set for June 30, but it needs to keep the First Amendment at the fore as its planning goes forward.

Then contrast the above Times' stance with this editorial. Run the day before!

Crackdown needed on Ybor City clubs
By A TIMES EDITORIAL
Published June 21, 2007

*****

The city is considering several moves, such as forcing clubs to close earlier than 3 a.m. That’s worth considering, but the benefit seems limited. What’s to stop the party from moving off Seventh Avenue, or for the problems to kick in earlier than midnight, the typical start time the police see now? The city needs to seriously toughen the penalties for clubs that break the noise ordinance.

Too much noise is good, too much noise is bad. Why don't the St. Petersburg Times editorial boards take the ear muffs off their brains. Or rather put them back on. I'm so confused, how about you?

Hat tip- Sticks of Fire
Linked to- Bullwinkle, Cao, Maggie,

Ann Coulter

Is a Knucklehead and proves it again.

"It turns out you have to go into rehab if you use the word 'faggot,' so I'm kind of at an impasse -- I can't really talk about Edwards," she said.

If Coulter believes half of what she says, she needs to be seriously medicated. I think half of what this woman says is a shtick just meant to cause outrage and anger among people. What Coulter did at CPAC is just part of a routine day for her.

TFM believes in Freedom of Speech. I've defended Cindy Sheehan and Ann can say whatever she pleases. I'll defend her right to do her shtick, TFM just reserves the right to call her a Knucklehead when appropriate.

Others blogging on Coulter- James Joyner at OTB, Betsy, Don Surber, Below the Beltway, Captain's Quarters, Jay at Wizbang, Rick at SOTP, Uncorrelated, Sister Toldjah, Sensible Mom,

Redress of grievances

This bit of news has caused a small stir in the blogosphere.

February 20, 2007 -- Immigrant-rights activists yesterday renewed their push to allow legal noncitizens to vote in the Big Apple.

A bill that would grant permanent residents and other legal immigrants the right to vote in municipal elections has been stalled in the City Council since last year.

"More than 50,000 adult noncitizen taxpayers in those two districts are disenfranchised by citizenship voting laws," said Cheryl Wertz, of New Immigrant Community Empowerment, referring to today's special election for council seats in Brooklyn and Staten Island.

Councilman Charles Barron (D-Brooklyn), the sponsor of the Voting Rights Restoration Act, said that years ago, when immigrants were mostly European, they had voting rights.

"Then when the complexion of immigrants changes, then all of a sudden, the laws change," he said.

Ron Hayduk, a CUNY professor, concurred, saying immigrants voted in national elections from 1776 through 1926.

Betsy points out that the 15th ammendment specifically says citizens. Does the 15th apply to all elections, federal, state and local? Or do state constitutions or a city specify who has the right to vote in elections just restricted to them?

I'm no constitutional scholar, so if someone who can point me to the actual case law, leave me a comment.

Betsy also said-

If New York City wants to grant the right to vote to non-citizens in their local elections, that is their prerogative, but I wonder how the citizens who vote now in the city like the idea of their votes being diluted by non-citizens.

I don't really buy the dilution argument. Unless you assume all non-citizens will not have the same interests as a citizen in a state or local election. No group entirely votes as a bloc. You'll find differing opinions among all groups, conservative bloggers included.

Blogger Big Dog writes-

Let me try to clear this up for these ingrates. You pay taxes here because you have a job here. Paying taxes does not give you the right to vote being a citizen does. You are paying taxes because we were nice enough to let you come here and earn a living. If you would like, you are free to leave here and go back to whatever third world crap hole you came from and earn 50 cents a day selling your sister in peep shows.

The US Constitution discusses voting in several places and each of the places starts with the words “The right of citizens of the United States…” Understand? Citizens have the right to vote and non citizens do not. It is really quite simple and if you were not so busy trying to get something to which you are not entitled then you might have a bit more time to study for a citizenship test so you can become a citizen.

I really am tired of groups of people who are not citizens of this country telling us what they want and making demands.

BD is good at quoting the constitution, but there is also the matter of the 1st ammendment. Which allows both freedom of speech and redress of greivances. That applies to citizens and non-citizens alike.

Legal resident aliens have a right to speak what they wish, even try to persuade lawmakers to change the voting requirements. TFM agrees with Betsy and One Dog that citizens should have the right to vote, I just don't see why the outrage over non-citizens trying to change the requirements.(If they can) After all this is a free country.

What I see here in the blogosphere is a backlash against all immigrants, legal and illegal. People can be all emotional about this being us and them. But the US needs legal immigrants, the population of this country is aging. That's a fact and without these people this country will not be able to keep its standard of living. Not today but in 50-75 years. Does the US want to follow the path of these two countries?

Disclosure- TFM's wife is a naturalized US citizen. Dear wife, who was born in the Philippines, and I met while I was in the Navy. We married in 1989. Dear Wife became a citizen on January 25th 1994.

I also have a sister-in-law and mother-in-law living in the US. Both came to the US legally and have since become citizens of this country.

By the way, my wife is the Republican in the house. My SIL and MIL are also registered Republicans. TFM is a registered Democrat. So there goes the all immigrants are democrats theory. ;)

Iowa Voice and Public Secrets are also blogging on this news.
Linked to- Blue Star, Right Wing Nation, Third World County,