Wednesday, December 7, 2011

A 3 Canon Firing Squad

Yes Stating that a judge should be placed before 3 cannons is a "play upon words."  Please, in these days and times I wish no man such a fate, but the homonyms aide in making my point.  The actual cannons that will be fired are the three Judicial Canon's of the New Jersey Supreme Court.

New Jersey Rules of Court, Appendix to Part I, Code of Judicial Conduct, Note, states: "The following Code of Judicial Conduct of the American Bar Association, as amended by the New Jersey Supreme Court, replaces the Canons of Judicial Ethics of the American Bar Association."

The above goes on to state: "Canon 1.  A Judge Should Uphold the Integrity and Independence of the Judiciary, Canon 2.  A Judge Should Avoid Impropriety and the Appearance of Impropriety in All Activities, and the last that we will be concerned with is, Canon 3.  A Judge Should Perform the Duties of Judicial Office Impartially and Diligently."

My goal within the next series of post will be to show you that Judge Noel L. Hillman has manifest conduct outside the bounds of these three canon's.  We will have to be mindful that there are three sub-parts to Canon 2 and Canon 3 (a) has ten subsections, Canon 3 (b) has four subsection with the third part having its own sub-parts (a through c), Canon 3 (c) has three subsection with various sub-parts and lastly there is Canon 3 (d).  Whew that was a lot huh?

All States have not adopted the same Codes of Judicial Conduct and one must check the States Rules which usually are promulgated by that States Supreme Court, and these rules usually hold for the federal district courts in that jurisdiction.  You can find an example of this in a great article on the subject at "Law You Can Use, Why Judges Sometimes Need toStep Aside."

The above article that I link you to opens with a fantastic sentence that is relevant here, so I quote: "If you are a party to a trial in a court of law, you hope and expect that your case will be considered and judged impartially. And of course an impartial trial requires an impartial judge." Silly me, I placed hope in the Federal Court under that assumption, but it turns out as I am setting before you now.  Please join me as I walk you though Judge Hillman's latest opinion and show you the facts that support the firing of the above Judicial canons.

Black History Month 2012 reigns in and all still do not have equal protection of the laws and meaningful access to the Courts of these United States of America.

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