When our forefathers conceived of this once great nation, a key principle was the necessity for each of the three branches to be separate and insulated from one another. Great pains were taken especially to insulate the judicial branch from the other three branches. (Writing “the other three branches” was a typo in the original draft, but I left it in…a slip perhaps…maybe the other branch is the heretofore hidden kleptocracry that has recently become so powerful in this country.)
The foreclosure crisis features center stage the most dramatic assault on the fundamental principle of separation of powers witnessed during this generation. The legislature in this state in particular has made it very clear to our elected circuit court judges…
YOU JUDGES MUST CLEAR THIS FORECLOSURE DOCKET
Legislators are not concerned with pesky details like the law, the Uniform Commercial Code and they’re certainly not concerned with details like Rules of Civil Procedure and the Evidence Code. They don’t care about practical economic realities like what will be done with foreclosed homes in a state with 25% unemployment. They don’t care that they Yankee Fat Cats and foreign investors sucked billions of dollars of equity from this state. They don’t care that all this foreclosing sucks more money out of this state and concentrates that wealth in Yankee Fat Cats and foreign investors. What the legislature does care about is the well funded banking and mortgage industries that contribute to their campaigns…
THOSE INTERESTS ARE DEMANDING AN END TO FORECLOSURE DEFENSE AND JUDGES ARE BENDING TO THOSE INTERESTS.
The blended political and economic realities that have infected our courtrooms plays out every day in courtrooms all across this state. The most visible expression of this infection is the utilization of senior judges presiding over the foreclosure rocket dockets but other examples abound. It can be seen every time a circuit court judge overlooks, even for a second and even when a foreclosure case is not defended, any of the rules of evidence, case law, statutory law or rules of procedure that should govern every foreclosure case. This unprecedented pressure on our judicial branch represents a fundamental breakdown in our core governing principles. The meltdown on Wall Street shows the consequences of ignoring rules and fundamental principles….
I shudder to think what will be the long term consequences of ignoring rules and principles in our courtrooms.
The article from today’s St. Petersburg Times illustrates just how intertwined our legislature has become with our judicial branch. This article just scratches the surface and illustrates part of the larger economic and policy debate that has infected our courtrooms. And while this article details legislative control over funding for buildings, consider that the legislature funds judicial salaries, court budgets and judicial pensions. With that in mind,
Is there any doubt that judicial decisions in the foreclosure courtroom are being impacted by economic considerations?
I recognize that it’s a bit naive to believe that our judges will stand up to these pressures and economic realities, but I’m confident that there are far too many good and intelligent judges out there who do see this foreclosure catastrophe for what it is and who share my concerns.
THE REAL QUESTION IS WHETHER OUR JUDGES WILL SHOW THE COURAGE NECESSARY TO STAND UP AND FIGHT FOR THE HEART AND SOUL OF OUR COURTS.
Matt,
We are accountable for holding the judge’s to their duties. This is especially hard for attorneys caught on the side of the defense clients as you have an oath to the court as well. This is hard to uphold when you can clearly see the corruption.
Do not forget the fourth branch of the government which is an independent grand jury. The actions of the judges in assuming jurisdiction when they should not step over the line of judicial conduct and there are remedies. This is simply a hard thing to challenge as a member of the bar.
You are witness to numerous felonious acts and if notified under 18 USC 4 for instance you or the court have a duty to report. There are so many criminal statutes that are being violated and overlooked by the court that they should be found to be in dishonor.
Like you said in one of your posts, a void judgment(i.e. one granted with no jurisdiction) can be continually attacked in any court repeatedly and venue can be changed. It has no effect and can even be expunged by a lower court.
Remember that a faster moving docket is assuming jurisdiction over cases when they should not and all judgements are void. Judicial complaints, bar complaints and criminal complaints should ensue and never stop until the system comes back into allignment.
For this there will need to be many more and other non bar members to make this happen.