For those wishing to side with Judge Noel L. Hillman, please be advised that if my position lacks merit-- there will be not one trained in the law to agree with me correct? For those so siding, I further posit that ye shall deem thy-selves "fearful Good ole Boy's and Girl's Network Members."
The above reveals the crux of the problem, for said members of the "Network," are fearful. This is not my proclamation, but the statement of those more versed in the law than I. I am referring to the holdings of James Sample, David Pozen, and Michael Young, wherein they assembled to write a paper for The Brennan Center for Justice at New York University School of Law entitled: "Fair Courts: Setting Recusal Standards."
One downloading the "pdf" of the above document will find that upon scrolling to section "C. Underuse and Under-enforcement" on page 20 (22/51), the author's state: " And the fear of angering the judge with an unsuccessful motion – which may apply especially to lawyers who are likely to appear before the judge in other cases – may deter the filing from the start."
At the time the paper was written by James Sample, David Pozen and Michael Young, one was a 2003 graduate of Columbia School of Law, Harlan Fiske Stone & James Kent Scholar, another a 2007 graduate of Yale Law School, Heyman Fellow, and the last (M.Y.) a member of the 2008 class at NYU School of Law. Considering that I am just a layman, I accept the former as experts, and would ask that you question them directly if you beg to differ.
I have no idea if these three individuals have changed their positions on the standards for the recusal of a judge over the years, but their paper supports my position as I will show here. Hence it would appear that three "studied" and knowledgeable individuals agree with my premise, whereby the merit of the motion should be confirmed.
On Tuesday, 2/21/2012, Judge Noel L. Hillman may be able to write an opinion that plays on the fact that I am a pro se litigant, and as such, I should be considered an attorney, at least in a self-representative capacity. Then he may take refuge and refuse to recuse himself as page 18 (20/51) of "Fair Courts:Setting Recusal Standards" states: "It is more difficult to disqualify a judge for bias against an attorney than for bias against a party54."
Note that the above holds a footnote, and footnote 54 says: "See generally Richard E. Flamm, Judicial Disqualification: Recusal and Disqualification of Judges § 6.4.1, at ch. 12 (1996). See also id. § 12.1, at 335 & n.8 (noting that courts have interpreted Canon 3E’s general standard as prescribing disqualification when the judge has personal knowledge of disputed evidentiary facts)."
I nearly "pee-ed" my pants upon reading the above footnote, why? Within the "28 U.S.C.A. § 1746 Declaration of Bias or Prejudice and Motion for Recusal ofU.S.D.J. Noel L. Hillman and U.S.M.J. Karen M. Williams," @ page 3/10 you will find that the plaintiff's stated: "Unlike U.S.D.J. Stephen C. Robinson, who claimed not to know of five relevant facts in Levine v. Gerson, 334 F. Supp 2d 376, 377, judges Noel L. Hillman and Karen M. Williams cannot deny that they individually and collectively knew the following."
My distinguished corroborators, Sample, Pozen, and Young state and hold by the citing's in footnote 54 that "disqualification is prescribed when the judge has personal knowledge of disputed evidentiary facts." Let's see, if a judge has knowledge that a deposition is captioned for a court other than his, the opponent of the deposition has related the fraud to the judge, the judge has documents signed by a non-party, and to top the cake, the judge knows that he does not have any documents signed by the defendants, yet he couches his rulings on the statements of defense counsel. [See Details of ANon-Existing Warrant Tells All]
With the "Count Down" looming, and several heads on the "chopping block," so to speak, I'll keep this brief and continue within my next posting. Consider this one card removed from Judge Noel L. Hillman's hand and or one that he can't pull from his sleeve. Please continue supporting this cause by telling a friend or two. I appreciate your support and I pledge to see this through to the end so that all may have confidence in our judiciary.
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