Thursday, December 28, 2006

Waiting for appeal

I haven't posted much about my case lately, because I am waiting for some action from the California appellate court. I was expecting to have heard a schedule for oral argument by now.

Meanwhile, I ran into this story about the California appeals court. A trial judge made an offhand comment that, "You can’t offend the kangaroos up there in kangaroo court." The appeals judge was offended by this, and wrote:
In making his "kangaroo court" remark, on the record in open court, Judge Saiers violated Canon 1 of the Code of Judicial Ethics, which provides as pertinent: "A JUDGE SHALL UPHOLD THE INTEGRITY AND INDEPENDENCE OF THE JUDICIARY. ...

Reading a little between the lines, it appears that Judge Saiers’s "kangaroo court" remark was provoked by his frustration not being able to dispose of a pending case in a way he thought sensible. It would appear that, in his eyes, this court was a naive, ivory-tower, obstructionist, oblivious to the real-world problems of trial courts faced with staggering caseloads.
The page also describes a Mississippi man who went to jail for ten days in 1997 for telling the judge he had a "kangaroo court". Also:
Miss. Bar v. Lumumba, 912 So. 2d 871, 875 (Miss. 2005). The attorney was suspended from practice for 6 months after telling a newspaper reporter that the judge had "the judicial temperament of a barbarian."
I am not an attorney, and as far as I know, there is no law or rule against me calling the judge a barbarian or the court a kangaroo court on this blog.

I am inclined to believe that the appeals court is a kangaroo court. I will be reporting here as soon as I have some first-hand experience.

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