View HERE
More here – Live coverage: Whitaker faces grilling from House panel
Sen. Patrick Leahy (D-Vt.) Has “Never Seen Anything So Irresponsible” As Tensions Rise Over Judicial Nominees….Really?
The Hill reports “More than four dozen judicial nominees are in limbo as President Obama’s term draws to a close.
Senate Democrats are blasting their Republican colleagues for not only blocking the confirmation of Supreme Court nominee Merrick Garland, but also 53 other judges in the lower courts, calling their obstruction “unprecedented” and “irresponsible.”
“These are supposed to be nonpolitical positions,” Sen. Patrick Leahy (D-Vt.), ranking member of the Senate Judiciary, said. “I’ve been here longer than anybody else, I’ve never seen anything so irresponsible.” Read more HERE.
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Senator Leahy has “never seen anything so irresponsible?”
On March 26, 2007, Due Process Defenders, delivered to Congressman John Conyers and Senator Patrick Leahy, more than 1500 pages of evidence involving criminal acts by “officers of the court” or government officials. View Due Process Defenders – Press Release
Senator Leahy complains his Republican colleagues are “not willing to follow the Constitution, they won’t do their job”?
Related: Senator Patrick Leahy (D.VT.) Assumes Position In Presidential Line Of Succession…Are You Kidding Me? Click here.
A Maine State Senator, David Dutremble, Reports On The Judiciary Committee What The Public Has Witnessed For Years!
BDN reports “Public Lockout: From Deliberations by the Judiciary Committee of the Maine Legislature.
All legislative committees are mandated by Maine law to conduct hearings, deliberations, and work sessions in public.
But in a May 19 speech on the Senate floor, state Sen. David Dutremble (D-Biddeford) reported that the Judiciary Committee conducted such business in private over the weekend that started May 8. Its deliberations concerned the reappointment of controversial Judge Jeffrey Moskowitz – the judge who issued an illegal gag order in January – and whose reappointment was opposed by many members of the public.
Maine citizens deserve to know what transpired that weekend with their Judiciary Committee. Did the members, in fact, meet behind closed doors and/or have private conversations in violation of state mandates? A legislative inquiry into the actions of the committee is warranted to protect the interests of the public.
Here’s what is clear: Without a single comment or question, the Judiciary Committee on May 12 unanimously recommended that Moskowitz be reappointed. One by one, each committee member simply voted yes. Those of us who witnessed this were dumbfounded. It left us with the uncomfortable feeling that something was amiss. How was their unified position reached outside of public view?
This spring was the first time in 20 years that judicial reappointments were challenged. And many citizens vehemently and passionately expressed their opposition to Judge Moskowitz, as well as to Judge Patricia Worth before him. In both cases, the Judiciary Committee nevertheless unanimously recommended approval. And at least in the case of Moskowitz, committee members allegedly deliberated outside of the public’s view and earshot.
This is extremely concerning. State mandates requiring the utmost transparency are meant to protect us all.
Input from those who are consumers of the court system – not just lawyers who earn their livings in front of judges – must be heard. People also deserve to know that the systems set up to protect them are working as they’re supposed to. When systems become about protecting themselves instead of the citizens they were designed to protect, the delicate fabric and balance of our constitutional rights is put in jeopardy. Legislative maneuvers that eliminate transparency and thereby remove public oversight are the antithesis of a democratic society.
We urge the Maine Legislature to take action and give the public answers. When asked to explain how his committee could unanimously approve a judge with no public discussion whatsoever, the chair of Judiciary Committee, Sen. David Burns (R-Washington), responded that, “it is unfortunate that some individuals and legislators have tried to impugn the integrity of the committee members.”
Those who may dismiss this call for investigation, attributing it to “sour grapes” or “angry litigants,” demonstrate a lack of respect for the most essential principles that define our nation.
To date, the president of the Maine Senate, Michael Thibodeau, has failed to respond to requests for a public inquiry about the actions of the Judiciary Committee.
This raises additional concerns. Without a legislative inquiry and report, Maine citizens will be left to wonder if their legislative and judiciary truly are the separate branches of government that are fundamental to freedom and liberty. We need to know what our legislators are doing – and why they’re doing it.
If you agree with me on this, We urge readers to contact their legislator and request an investigation. Let’s just find out what happened.”
Read more HERE.
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While it took decades for a state representative to listen, then experience for himself, the egregious misconduct by member of the Judiciary Committee, the proof is in the pudding.
In rebuttal to the BDN’s report “This spring was the first time in 20 years that judicial re-appointments were challenged” is not correct. Several people testified before the committee in opposition to York County Superior Court Judge Arthur Brennan’s reappointment, less than 20 years ago.
“When asked to explain how his committee could unanimously approve a judge with no public discussion whatsoever, the chair of Judiciary Committee, Sen. David Burns (R-Washington), responded that, “it is unfortunate that some individuals and legislators have tried to impugn the integrity of the committee members.”
Senator David Burns was a member of the Judiciary Committee when former A.G. William Schneider was appointed to judgeship by Governor Paul LePage. Review “A System In Crisis” and you can come to your own conclusions as to the “criteria” used for confirmation of judges.
View HERE. (Opposition to nomination begins at 46:14)
Phil Merletti Commentary on “A System In Crisis” – Judicial Confirmation Hearing of William J. Schneider, click here.
Related:
BDN reports “Maine Judiciary Committee Delays Reappointment Of Judge Jeffrey Moskowitz.”
“Judge Jeffrey Moskowitz was appointed to the District Court bench in January 2008 by Gov. John Baldacci after work as a prosecutor with the York County district attorney’s office. Gov. Paul LePage renominated Moskowitz to the bench last month along with eight of his colleagues.”
BDN reports ” A vote by the Judiciary Committee on the reappointment of the Maine judge was delayed Thursday until next week. Sen. David Burns, R-Whiting, chairman of the committee, said the delay would give District Court Judge Jeffrey Moskowitz and committee members an opportunity to read written testimony submitted before the hearing.
Burns said the committee would vote on Moskowitz’s renomination about 5 p.m. Tuesday.
More than half a dozen members of the legal community in Cumberland and York counties, including two district attorneys and a retired judge, spoke in favor of Moskowitz’s reappointment.
Moskowitz told the committee he wanted to keep his job.
“Like all people, I make mistakes,” he said. “You are all aware of my error issuing a controversial order. I sincerely regretted making that mistake. But I view my mistakes as a clear opportunity to learn and improve.”
Joshua Tardy, a Newport lawyer and former Republican legislator who is chairman of the governor’s judicial advisory committee, which vets judicial nominees, said the committee took concerns expressed about how Moskowitz handles family cases seriously.
“The committee felt an obligation to determine the veracity of the complaints about Judge Moskowitz,” Tardy told the committee. “I assure you that they have been taken seriously, and we have done our due diligence. We did not make a quick decision, but it was an easy decision once we had information.”
Moskowitz also was endorsed by the Maine State Bar Association and the Maine Trial Lawyers Association. The presidents of both organizations said they sought out members to ask about their experiences before Moskowitz and he was praised resoundingly.
Widespread reports from informants whom we know well have experienced in his court a repeated pattern of rudeness and disrespect, failure to follow the law.
The last time the committee rejected a nomination was in the late 1980s, according to Rep. Barry Hobbins, D-Saco, who has been a member of the Legislature since the 1970s.”
Read more HERE.
MPBN reports “Michael Welch, president of the Maine Trial Lawyers Association, said “We all make mistakes. How do you deal with it?” His organization endorsed Moskowitz’s reappointment because of his outstanding abilities as a judge.”
State Sen. David Dutremble, a Biddeford Democrat, says he had been approached by a number of people with complaints about Moskowitz and got no assistance from the Administrative Office of the Courts or the governor’s office when he tried to investigate those complaints. Dutremble was critical of the politics involved in judicial appointments.
“Attempts to escape politics inevitably result in heeding the advice of a narrow group of decision makers that express the opinions of special interests of segments. In Maine, the segment that votes on the judge is the bar – especially those members who are actively political within the bar,” Dutremble said. “The public and the ‘pro se’ users are excluded from the process.”
Read more HERE.
PPH reports “Attorney Joshua Tardy, who is chairman of Gov. Paul LePage’s Judicial Selection Committee, said his group conducted a thorough review before deciding to recommend Moskowitz.
“It was not a quick decision to be blunt, but it was an easy decision after all the deliberation. Judge Moskowitz is truly deserving of nomination,” Tardy said. “Our committee has received wide spread consensus and feedback that he is fair, that he is smart. He is honest. He is efficient.”
Other attorneys who spoke in favor of Moskowitz included David Levesque, president of the Maine State Bar Association; Robert Ruffner; Michael Welch, president of the Maine Trial Lawyers Association; Judy Potter; Kenneth Altshuler; Cumberland County District Attorney Stephanie Anderson; York County District Attorney Kathryn Slattery, Gerald Conley; Kristine Hanly; Diane Dusini; Robert Crowley, a retired judge; ; Ardith Keef and JohnWebb.
Notably, attorney Matthew Nichols, Webb’s law partner at Nichols and Webb, wrote a contradictory letter to the Judiciary Committee in which he said Moskowitz is “not a good judge.”
“If I had only my bad experiences with Judge Moskowitz, I would likely not be writing to you. But my own experiences have been echoed by countless other attorneys ranging from criminal defense lawyers, prosecutors, litigants and family law attorneys alike,” Nichols wrote in a letter dated May 4. “
The chairman of the committee, Sen. David Burns, R-Washington, on Thursday strictly enforced a three-minute time limit for testimony of Moskowitz’s opponents. But Burns allowed many attorneys in favor of Moskowitz to speak much longer.
Jerome Collins, who organizes an advocacy group called Maine Guardian Ad Litem Alerts, said he surveyed many citizens, as the Maine Bar Association, surveyed lawyers. He said citizens who appeared before Moskowitz who wanted to talk about him were those who felt wronged. He said that’s the opposite of lawyers who mostly only wanted to speak if they had something complimentary to say about the judge.
“What you really need is a legislative audit of the court to get the answer of what’s really going on. You need to conduct an in depth audit,” Collins said.
Other opponents who spoke against Moskowitz were Sen. David Dutremble, D-Biddeford; Falmouth activist Michael Doyle and Scarborough resident Robert Baizley.
None of the committee members asked Moskowitz any questions at the hearing.”
Moskowitz’s only supporter who was not a lawyer was Sen. Linda Valentino, D-Saco, who described herself as friends with Moskowitz.
Read more HERE.
CHANNEL 8 news report on Judge Moskowitz, view HERE.
A mistake? He’s sorry? Sorry doesn’t cut it!
Judge Moskowitz Finally Gets Caught By Someone Other Than FTM Running His Kangaroo Courtroom, click here.
Judge Jeffrey Moskowitz Apologized And Acknowledged That His Order Was Not Lawful, click here.
Judicial Confirmation Hearing – Judge Jeffrey H. Moskowitz Thursday, May 07, 2015, click here.
Maine Judge Jeffrey Moskowitz Comes Under Review At Public Forum, click here.
Public Exposure Moves Maine’s Attorney General Janet Mills,click here.
PPH Reporter Scott Dolan Presented With Freedom Of Information Award For Challenging Judge Jeffrey Moskowitz’s Gag Order, click here.
Judge Donald Marden’s Cabbage Is Shredded, click here.
Have You Been Harmed By Maine’s Judicial System? Click here.
IS THIS WHAT YOU WANT ON THE BENCH?
Judge Jeffrey Moskowitz To Serve As Deputy Chief Judge Of The Maine District Courts
PPH reports “The chief judge of the Maine District Courts has appointed Judge Jeffrey Moskowitz to serve as second in command.” More HERE.
Related:
Maine Judge Jeffrey Moskowitz Comes Under Review At Public Forum, click here.
Public Exposure Moves Maine’s Attorney General Janet Mills, click here.
Have You Been Harmed By Maine’s Judicial System? Click here.
AN ACT Redistributing the Powers of the Executive Council (1977)
Courtesy of Lise from Maine
PUBLIC LAWS OF THE STATE OF MAINE AS PASSED BY THE One Hundred and Seventh Legislature AT THE FIRST SPECIAL SESSION January 19, 1976 to April 29, 1976 AND THE SECOND SPECIAL SESSION June 14, 1976.
1977, Chap. 6 CONFIRMATION OF APPOINTMENTS – redistribution of powers to the Legislature to select or reject judges. View HERE.
Original Constitution of Maine (1820), click here.
Pursuant to the original constitution (1820) Art 5 sec 8, the governor shall nominate, and, with the advice and consent of the Council, appoint all judicial officers…..
This 1977 Act contradicts the original constitution.
The legislature (Judiciary Committee) has no authority to be involved in the acceptance or rejection of any nomination and appointment of judges.
Related:
Phil Merletti Commentary on “A System In Crisis” – Judicial Confirmation Hearing of William J. Schneider, click here.
“A System In Crisis”, view HERE. (Judiciary Committee hearing)
Aroostook Watchmen with Guest Phil Merletti on Confirmation Hearing of William Schneider For Judgeship
Phil recaps the events of the hearing.
The Judiciary Committee voted unanimously on the confirmation of William Schneider.
03/12/2014 08:00 AM EDT (1:00:04)
EPISODE1409 – AROOSTOOK WATCHMEN
Listen HERE.
The 5 Remonstrances, click here.
Maine Judiciary Committee – Confirmation Hearing – William J. Schneider to the Maine District Court, click here.
Joint Standing Committee on Judiciary
Senator Linda M. Valentino (D-York), Chair
Senator John L. Tuttle, Jr. (D-York) (absent)
Senator David C. Burns (R-Washington)
Representative Charles R. Priest (D-Brunswick), Chair
Representative Kimberly J. Monaghan-Derrig (D-Cape Elizabeth)
Representative Jennifer DeChant (D-Bath)
Representative Matthew W. Moonen (D-Portland)
Representative Stephen W. Moriarty (D-Cumberland)
Representative Lisa Renee Villa (D-Harrison)
Representative Jarrod S. Crockett (R-Bethel)*
Representative Michael G. Beaulieu (R-Auburn)
Representative Anita Peavey Haskell (R-Milford)
Representative Stacey K. Guerin (R-Glenburn)
Representative Wayne T. Mitchell (Penobscot Nation)
Governor Paul LePage
207-287-3531
Fax 207-287-1034
E-mail, click here
Senate President Justin L. Alfond (D-Cumberland County)
Senate President’s Office (207) 287-1500
home: 232-4187
E-mail: justin@justinalfond.com
Senate Majority Leader Troy D. Jackson (D-Aroostook County)
Senate Majority Office (207) 287-1515
home: 398-4081
cell: 436-0763
E-mail: SenTroy.Jackson@legislature.maine.gov
Senate Minority Leader Michael D. Thibodeau (R-Waldo County)
Senate Minority Office (207) 287-1505
home: 223-5177
E-mail: SenatorThibodeau@aol.com
Speaker of the House Mark Eves (D-North Berwick)
(207) 287-1300
E-mail RepMark.Eves@legislature.maine.gov
Rep. Seth A. Berry, Majority Leader D-Bowdoinham)
House Majority Office (207) 287-1430
E-Mail: RepSeth.Berry@legislature.maine.gov
Rep. Kenneth Wade Fredette, Minority Leader R-Newport)
House Minority Office (207) 287-1440
E-Mail: RepKenneth.Fredette@legislature.maine.gov
OPEGA MISSION
The Office of Program Evaluation and Government Accountability (OPEGA) exists to support the Legislature in meeting its constitutional responsibilities and to improve the accountability, oversight and performance of State government for the benefit of Maine’s citizens.
Related: (now former) Secretary of State Charlie Summers, click here.
Maine Judiciary Committee – LD 1389 An Act To Expedite The Foreclosure Process
Update
REVISED Judiciary Committee Weekly Schedule
Thursday: March 6, 2014
2:00pm WORK SESSION
LD 1778 An Act To Revise the Description of Commercial Fishing Vessels That Are Exempt from Attachment (EMERGENCY)
LD 1789 An Act To Modernize and Improve the Efficiency of Maine’s Courts
LD 1389 An Act to Expedite the Foreclosure Process
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Just learned that the public will be allowed to speak at the Judiciary Committee’s work session on LD 1389.
Room 438 State House – Wednesday, March 5, 2014, 1:00 p.m.
Hancock County D.A. Mary Kellett, Maine Board of Overseers of the Bar, Maine Supreme Court Justice Ellen Gorman And The Attorney General’s Office…Behind The Curtain
To all online news media….please share!
BDN reports “Mary Kellett, assistant district attorney for Hancock County, admitted to a state supreme court justice that she violated rules of the Maine Bar when she prosecuted a former Gouldsboro man on gross sexual assault and misdemeanor assault charges. She appeared before Justice Ellen Gorman after the Maine Board of Overseers of the Bar recommended late last year that she be suspended. A board grievance panel met in Bangor last fall to consider a misconduct complaint filed against Kellett by Vladek Filler and determined that Kellett had violated seven bar rules in handling Filler’s assault case. The board’s recommendation that Kellett be suspended is the only such recommendation that board staff can recall for a prosecutor in Maine, according to Jacqueline Rogers, executive director of the board.”
“After last fall’s grievance hearing, the panel determined that Kellett violated bar rules by:
• Engaging in conduct unworthy of an attorney.
• Engaging in conduct prejudicial to the administration of justice.
• Failing to employ reasonable skill and care.
• Failing to make timely disclosure of the existence of evidence that tends to negate the guilt of the accused, mitigate the degree of the offense or reduce the punishment.
• Suppressing evidence that she had a legal obligation to produce.
• Assisting the state to violate the Maine Rules of Criminal Procedure and the court’s order.
• Employing means that were inconsistent with truth and seeking to mislead the jury.”
“Filler told Gorman Monday that he thinks Kellett should be permanently disbarred. He said the charges against him had irreparably harmed him and his two young sons. Kellett’s mishandling of his case, he said, was an “abuse of power” that he described as willful, inexcusable and prolific.
“This is about intentional misconduct,” Filler told Gorman. “I have been fighting [this] for six years. I am pleading with this court for justice.”
“Gorman told Filler that Kellett’s violations were a first offense and that she did not intend to disbar the prosecutor. The judge did say that suspension was a significant punishment that would have a lasting effect.”
“It is a sanction that would continue to follow Ms. Kellett for the rest of her life,” Gorman said. “It is not a light sanction to impose.”
“Gorman also offered Filler an apology on behalf of the state’s criminal justice system.”
“You did not receive a fair first trial,” the judge said.
“Following the hearing, Filler told reporters in a courthouse hallway that he was disappointed Gorman would not consider disbarring Kellett. ”
“This was not about punishment [for Kellett],” Filler said. “I have an interest in making sure that other people are not subjected to such destructive [prosecutorial] abuse.”
William Fisher, was one of two assistant attorneys general who represented Kellett throughout the grievance process. Is this the same “William Fisher” who represented York County Deputy Sheriff Clifford Scott in an excessive force case in federal court? Did he climb the ladder from county level to state level?
“Ms. Kellett has suffered and learned from these proceedings,” Fisher said. “I believe she is going to be a better prosecutor. As part of Kellett’s admission, Fisher said, prosecutors in Bassano’s office will work with the Office of the Attorney General to establish systems by which they can keep better track of what types of evidence police departments have and do not have in each criminal case that Bassano’s office is prosecuting. The attorney general’s office also is working with Bassano’s office to review proper procedures for preparing for trial and for conducting trials, he said.”
“Gorman said she would review the agreement between Kellett and the Board of Overseers, which calls for a 30-day suspension, and that she planned to suspend the prosecutor but that the suspension itself would be suspended, meaning that Kellett will be able to continue to practice law unless new misconduct issues arise, at which point the suspension could go into effect. Gorman said she expected to issue her final decision sometime later this week.”
BDN reports “Judge orders legal remediation training for Hancock County prosecutor.” “In the order, Gorman suspends Kellett’s law license for 30 days but effectively puts the suspension on hold on the condition that Kellett complete six hours of continuing legal education. After Kellet’s training is completed and certified by Davis to Gorman, the judge’s suspension order will be terminated without further action, Gorman wrote.”
“In the Dec. 5 report, the panel indicated that it “concludes that an appropriate sanction in this matter would be a period of suspension. Accordingly, the panel finds probable cause for such discipline, and hereby directs Bar Counsel [J. Scott Davis] to commence an attorney disciplinary action by filing an information with the [Maine Supreme Judicial] Court.” Jacqueline Rogers, executive director of the board, said that this case was the first board officials knew of in which a panel report recommended that a prosecutor be suspended. She declined to comment specifically about Kellett’s alleged misconduct.
“So let’s see – A state entity that oversees the conduct of licensed attorneys in Maine has determined that a Hancock County prosecutor violated seven bar rules and should be suspended.”
“Bar Counsel J. Scott Davis is presenting the misconduct case to the board, while Assistant Attorney General Ronald Lupton is representing Kellett.Lupton said Kellett did not do anything to violate bar rules. He said his office and the Law Court each reviewed the case prior to Filler filing his complaint with the board and neither found that Kellett had done anything improper.”
It is quite surprising that Bar Counsel J. Scott Davis presented this misconduct case to the board as he has protected “his brothers/sisters” for decades. The activity “behind closed doors” demands EXPOSURE! Proof in the pudding. Why didn’t Scott Davis discipline Attorney Jens-Peter Bergen who was charged with “Engaging a Prostitute” in the Zumba case? As an attorney he knows, or should know, the law. He chose to commit a criminal or unlawful act that reflects adversely on his honesty, trustworthiness or fitness as an attorney. This is not the only time Atty. Bergen chose to violate the law. BERGEN, JENS PETER, ATTY. (COMPLAINT)
Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court. Entry of Appearance of Attorney and Jury Trial Request.
Attorney Jens-Peter Bergen, client on the list, had his case transferred to York County Superior Court. Entry of Appearance of Attorney and Jury Trial Request.
Jens-Peter Bergen, 54, of 79 Portland Road in Kennebunk, plead guilty through his attorneys, without appearing in York County Superior Court.
Attorneys who commit unethical conduct in this state are subject to discipline by the Grievance Commission of the Board of Overseers of the Bar or the Maine Supreme Judicial Court. Such discipline can range from a reprimand, the least serious discipline, to a suspension from practice, or permanent disbarment from practice. Click here.
In this case, Jacqueline Rogers, executive director of the Maine Board of Overseers of the Bar, said that there are bar rules that attorneys must adhere to or face possible disciplinary action. She said that no action would be contemplated against any attorney unless that person was convicted. Lawyers in Maine must register each year and are required to inform the Board if they have been convicted of a crime. She said some attorneys self report when there have been convictions and sometimes the court will inform the Board. She said any action against an attorney would depend on a conviction. Attorney Bergen admitted guilt. This was reported throughout the country and beyond. They didn’t hear about it?
Related: First Amendment Case –click here
Post Conviction Review – denied, click here.
York County D.A.Mark Lawrence was working with Lafortune with intent to indict, prosecute corrupt bankers/officials.
LAWRENCE, MARK D.A. LETTER JUNE 6, 2003
If the Attorney General and Maine Supreme Court Chief Justice Leigh Saufley brush this under the rug….does Mr. Filler, or any of us, stand a chance? Notwithstanding the fact that research proves that Maine judges must be commissioned and they are not! (In the search engine, type in Maine judicial system/courts and read the comments.)
When will legislators, our lawmakers, step up and grow a backbone? Judges, D.A’s, the Attorney General (and other constitutional officers), attorneys are daily violating us and the law.
When will the B.S. “behind the curtain” by both parties…end? Legislators give the “ok” for judges to sit on the bench, they can give the “ok” to remove them!
Let’s put an end to the “good ole boy network.” EXPOSE!
Russell Wheeler Testifies Before The House Judiciary Subcommittee Hearing on The Federal Judicial Conduct And Disability System
Testimony | April 25, 2013
An Examination of the Judicial Conduct and Disability System
By: Russell Wheeler
Editor’s Note: Russell Wheeler testified before the House Judiciary Subcommittee hearing on the federal judicial conduct and disability system on April 25, 2013. The Judicial Conduct and Disability Act of 1980 authorizes any person to file a complaint alleging that a federal judge has engaged in conduct “prejudicial to the effective and expeditious administration of the business of the courts.” The text which follows is Russell Wheeler’s opening statement.
Related:
Congressman James Sensenbrenner letter, July 14, 2004. No response.
Senator Charles Grassley letter, May 12, 2006. No response.
Judge Brock Hornby was appointed to the “Breyer Committee,” to investigate judicial misconduct. Was Judge Hornby qualified for this position? Was this a conflict of interest? His judicial abuse “raises profound questions” with respect to whether he should enjoy the delegated authority to investigate and discipline himself.
Do you believe the judicial branch is doing a very good job of administering The Judicial Conduct and Disability Act of 1980? Or is this hearing just another “whitewash”?
