Practice of law by justices and judges

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Bob Hurt

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Sep 1, 2007, 10:39:59 PM9/1/07

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FYI – practice of law by judges… Courtesy Jack Bauer

TITLE 28 > PART I > CHAPTER 21 > § 454 Practice of law by justices and judges

Any justice or judge appointed under the authority of the United States who engages in the practice of law is guilty of a high misdemeanor.

Willis v. Town of Marshall, N.C., 426 F.3d 251, 261 (4th Cir. 2005) (quoting United States v. Morison, 844 F.2d 1057, 1070 (4th Cir. 1988)).A statute can be unconstitutionally vague for two different reasons. "First, if it fails to provide people of ordinary intelligence a reasonable opportunity to understand what conduct it prohibits. Second, if it authorizes or even encourages arbitrary and discriminatory enforcement."

PUBLIC SERVANTS IN THIS CASE ARE hereby charged with ultra vires.

11th Amendment immunity does not prevent an action in federal court against a state official for ultra vires actions beyond the scope of statutory authority, or pursuant to authority deemed to be unconstitutional. Pennhurst, supra, 465 U.S. at 101-102, n. 11; Scham v. District Courts, 967 F. Supp 230, 232-233 (S.D.Tex. 1997).

Question of Aiding and abetting a lower court.

This court cannot aid and abet any case, which clearly violates the Constitution or laws of the United States. U.S. Vs. Murphy, 768 F.2d 1518, 1531 (7th. Cir. 1985), 31 Judges were removed from the bench after a Federal Court Ordered an investigation, it was confirmed aiding & abetting from the inferior Courts to the Federal Court, violations at every level.

"The fact of the matter is that the judge's conduct here caused real harm. Worse, it harmed public confidence in the fair administration of justice in the courts of this circuit. The prohibition against ex parte communications, rules of procedure, principles of law - all of these are not trinkets that judges may discard whenever they become a nuisance. Rather, they are the mainstays of our judicial system, our guarantee to every litigant that we will administer justice, as our oath requires, `without respect to person'. . . . [T]he majority's exiguous order seems far more concerned with not hurting the feelings of the judge in question. But our first duty as members of the Judicial Council is not to spare the feelings of judges accused of misconduct. It is to maintain public confidence in the judiciary by ensuring that substantial allegations of misconduct are dealt with forthrightly and appropriately. This the majority has failed to do."

9. When will this judgment be overturned because of the lack of subject matter or jurisdiction over this case because of the violation of due process?

10. Black's Law Dictionary, Sixth Edition, page 1574: Void judgment. One which has no legal force or effect, invalidity of which may be asserted by any person whose rights are affected at any time and at any place directly or collaterally. Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to any degree. Judgment is a "void judgment" if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process. Klugh v. U.S., D.C.S.C., 610 F.Supp. 892, 901.

11. The U.S. Supreme Court has repeatedly and consistently interpreted the U.S. Constitution as barring the violation of a fundamental right. When a state statute violates a fundamental right, judicial strict scrutiny is automatically invoked. Under strict scrutiny analysis, the burden shifts from the individual defendant onto the state. To avoid having a statute declared invalid under strict scrutiny, the state has the sole burden of showing a narrowly drawn, compelling state interest, e.g. in protecting life or health, advanced by the least restrictive means and with no other reasonable alternative. In practice, the state is almost never able to sustain its burden and survive strict scrutiny since the U.S. Supreme Court has not declared a state interest compelling enough to justify the impairment of a fundamental right since 1944 Korematsu v. U.S., 323 U.S. 214, 216-20, 65 S.Ct. 193, 194-95, 89 L.Ed.2d 194 (1944).