Tag: Supreme Court (page 2)

For fraud, Money laundering,tax evasion,lying under oath,.. little stuff like that.

Ouch.

AND in the mean time, the Judicial Tenure Commission has indicated it would like the Supreme court to suspend the sitting Michigan Supreme Court Justice immediately.

"The Judicial Tenure Commission, through its Examiner, requests that the Supreme Court give immediate consideration to its petition for interim suspension filed concurrently with this motion, based on the following:

1. Respondent is, and at all material times was, a justice of the Supreme Court, State of Michigan.
   
2. As a judge, Respondent is subject to all the duties and responsibilities imposed on her by the Michigan Supreme Court, including those under the Code of Judicial Conduct, and is subject to the standards for discipline set forth in MCR 9.104 and MCR 9.205.
   
3. On January 7, 2013, the Michigan Judicial Tenure Commission (JTC) authorized a formal complaint (FC 91) against Hon. Diane Marie Hathaway (Respondent), currently a Justice of the Michigan Supreme Court1, and the filing of a Petition for Interim Suspension with the Supreme Court.

...

7. The formal complaint and petition are also based on allegations that Respondent admitted to engaging in the fraudulent concealment of assets from potential creditors as to the Florida property, and misrepresentations to the Commission in the course of its investigation.
   
8. The Supreme Court has scheduled oral arguments for Wednesday, January 9, 2013.
   
9. In order to preserve the integrity of the judiciary and to protect the public, the petition for interim suspension should be considered and decided before that date.

WHEREFORE, pursuant to MCR 7.313(A)(5), the Michigan Judicial Tenure Commission requests that this Honorable Court give immediate consideration to its Petition for Interim Suspension."

A side note:  Respondent is disqualified from considering this motion. See MCR 2.003; MCR 9.204(A); In re Justin, 490 Mich 394 (2012).

Perhaps anyone else who faces mortgage fraud charges from here on out has an ace-in-the-hole precedent.  At least under equal application of the law.  From WXYZ:

"A federal judge has temporarily stopped forfeiture procedures to seize the home of Michigan Supreme Court Justice Diane Hathaway.

The move could signal that change is afoot behind the scenes, ranging from a upcoming criminal charges to some sort of settlement of the present civil case, .."

As someone might have put it in an email recently; "Holder's Office would never cough up a sitting Useful Idiot on a Team R majority SCOMI."

Matt Frendewey, director of communications for the Michigan Republican Party, issued the following statement:

"Democratic Supreme Court Justice Diane Hathaway must protect the integrity of Michigan's judicial system and immediately resign.

"Justice Hathaway's real estate scam involved transferring properties out her and her husband's name into the name of their children in order to obtain a short sale. Her actions are offensive to the many Michigan families who have faced difficult times during Michigan's economic down turn. As a justice on the highest court in Michigan, Hathaway's involvement in the alleged scam, the FBI investigation, and today's complaint undermines her ability to affectively sit in a position of judgment over Michigan citizens and the state's judicial system.

"Swift and immediate action is required before Hathaway's scandal scars the highest court. I can only hope that Michigan Democratic Chairman Mark Brewer, a lawyer himself, recognizes good policy must trump partisan politics and will join the Michigan Republican Party in calling for Justice Hathaway's resignation."

Tyranny, broadly defined, is the use of power to dehumanize the individual and delegitimize his nature.  Political utopianism is tyranny disguised as a desirable, workable, and even paradisiacal governing ideology.

Individual sovereignty is under attack.

Not the wacko, every-man-is-a-sovereign-the-United-States-is-a-corporation kind of sovereignty, but the notion that, as individuals, we have worth and dignity that deserve protection.

This attack exists in every corner of our society and has found its way into our language.  Liberal politicians talk about the "cost" of a tax cut and ask conservatives, "How are you going to pay for that tax cut?"  They thus view tax cuts as expenditures, but expenditures of what?  Of the money to which they deem the government entitled.  

A tax cut "spends" nothing.  It is an acknowledgment that the money being taxed belongs in the first instance to the earner, not the government.  Most Americans would willingly pay taxes to support legitimate government functions, but we resist ferociously the notion that our incomes belong to the government.

Ad talking about it beats the hell out of emotion, fear mongering, etc.

Yesterday, the Michigan Republican Party filed a complaint against Bridget McCormack, a candidate for Michigan Supreme Court, for violating Judicial Canon 2, 5 and 7. McCormack was listed as a featured guest on the invites mailed out for last night's Kent County Democratic Gala. This is a problem.

The Judicial Canons prohibit Supreme Court candidates such as McCormack from serving as the draw and as the featured guest for a partisan fundraiser. The invites clearly indicated a cost ranging between $75.00 to $1,000 and all checks to be made payable to the Kent County Democratic Party.

Michigan Republican Party Chairman Bobby Schostak says:

"This flagrant violation of the Judicial Canons raises serious questions, did Bridget McCormack purposely violate the Judicial Canons or is she ignorant of the responsibilities to run-for and serve on Michigan's highest court?

Perhaps if Bridget McCormack didn't spend her career defending Guantanamo Bay terrorists and fighting technicalities to free convicted murderers, she would know more about the responsibilities that are required by Michigan Supreme Court Justices.

McCormack has dodged questions about Democratic Supreme Court Justice Diane Hathaway's violation of Canon 2, but there is no dodging the questions surrounding her clear violation of the Judicial Canons ."

Candidates for judicial office can appear at partisan events, however, they're prohibited from serving as the draw or listed as the special guest.

The union-backed proposal known as "Protect Our Jobs" has mostly been sold as enshrining collective bargaining privileges into the Michigan Constitution and fending off a right-to-work law that could be passed at some point in the future.

These points are being debated by both sides, but the main effect of the POJA initiative being passed by voters in November is far less known and would do far more damage than either of the typically discussed positions.

Tucked into the middle, part of the union petition reads, "No existing or future law of the state or its political subdivisions shall abridge, impair or limit" unions' ability to "negotiate in good faith regarding wages, hours, and other terms and conditions of employment. ... "

In short: Aside from a couple exceptions, no state law past, present or future could limit what government union officials could win in labor contracts.

Rest here

Is it impossible these days to have a discussion about an issue or a political race without it becoming personal?  Apparently so, at least for one backer of Judge Jane Markey.

Markey is up against Colleen O'Brien for one of three Republican nominations for Michigan Supreme Court justice.  As faithful readers of this blog know, your Wizard has published three articles critical of Markey decisions, principally on the grounds that they contradict her claim to be a "rule of law" judge.  I have never attacked Judge Markey personally, nor have I attacked her supporters.