Monthly Archives: March 2013

Don’t start packing your boxes yet!

I had an ear-opening conversation with the “Appointments Coordinator” of the Minnesota Governor’s Office yesterday.

I requested copies of all endorsements or recommendations of David Lillehaug for the supposedly open seat on the MN Supreme Court.

The response was funny (in the I-don’t-know-whether-to-laugh-or-cry department):  he said that it is the POLICY of the Governor’s Office not to release those.

I said, I don’t want to be rude, but I don’t really care what the POLICY is.  (I want the information so I can participate in my democracy. )

He said, “we like to encourage the free flow of information.”  (If that’s not verbatim, it’s very close.)

I said, did you hear what you just said?  I would like the free flow of information!

He stared to get more guarded, and cagey and eventually he had to “go” but wanted my name.

Hmmm.

But here’s the kicker.

I asked to see what Governor Dayton SIGNED to appoint Lillehaug.  He said nothing has been signed yet, that that will not occur until some small group of people (which he would NOT name ) decides when the “effective date” is.

So…press conference…press releases…media coverage BUT IT HAS NOT HAPPENED YET!  (Minnesota major media – do you research anything before you post stories?)

Lillehaug has NOT been appointed, not according to what I was told yesterday.

Now, that’s OK by me.  The more I learn, the more I believe that seat needs to go up for election.  (You know, a real election, where people vote, and the votes are actually counted, tabulated, and reported according to the law.)

Elections are how the People REFORM their government.

And I was also glad to have someone speak some truth about the process, acknowledging that a small group of people is making these decisions.  Not the law, not the constitution.  A small group of people.

I wonder who that could be.

The Appointments Coordinator did acknowledge that Lillehaug would be in this small group.  He said we are going to “allow” Justice Anderson to serve until the end of May.

Wow.

Mr. Lillehaug, you might not want to pack your boxes yet.

Even according to the Governor’s office – you have not been appointed.

And no small group of people gets to make these decisions.  Certainly not some shadow group – where the People are not even told who they are.

I mean, c’mon.

circle of white people linking arms and yellow question mark

How ya like me now?

white person at three blue pointers

I was heard to say many times, that it might be a mistake for the powers that be to try to take my Minnesota state law license.  Because if they succeeded in doing that – then I would be as free as EVERY American to speak, publish, and otherwise call public officials on their stuff.

How ya like me now?

What ya gonna do – suspend me?

To do that, you would have to ADMIT that the suspension “order” from January 2013 is fake.

Ya gonna do that?

Time has come to do the right thing.

For Minnesota.

For America.

Stop the gagging.

 

Why all the secrecy: re-blog

Sorry for the two posts, but I am re-blogging this post from jillclarkcontinues (you can access posts there at http://jillclarkcontinues.wordpress.com), because I added a new document.

It’s so important that public officials provide public data to the public.  That’s how we are able to participate in our democracy.  Could it be there are those who want to prevent us from doing that?

Way back in May 2011, I first spoke by phone with Tiffany Orth at Governor Dayton’s Office, then emailed her a letter requesting data about the Governor’s Commission on Judicial Selection.

May 2011 letter requesting data

I never got the data.

EVER.

Here’s my email to her from May 2011.

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What is going on in Minnesota, that public officials think they can just IGNORE requests for public data?  What do they think they are doing in office – they are supposed to be serving the PUBLIC.

I made another request to the Governor’s Office today – about data relating to the suggestion from the Governor’s Commission on Judicial Selection that David Lillehaug should be a Supreme Court justice.  We know from Wersal v. Sexton that it is unethical for a judge to endorse another judge.

Let’s see if THAT law is followed – over in the secret meetings of the Governor’s Commission…

I am expecting prompt production of data I requested.  You can’t keep the People waiting.

colored people voting

Why all the secrecy? Doesn’t the Governor’s Commission on Judicial Selection have to obey the law?

Way back in May 2011, I first spoke by phone with Tiffany Orth at Governor Dayton’s Office, then emailed her a letter requesting data about the Governor’s Commission on Judicial Selection.

May 2011 letter requesting data

I never got the data.

EVER.

colored people voting

What is going on in Minnesota, that public officials think they can just IGNORE requests for public data?  What do they think they are doing in office – they are supposed to be serving the PUBLIC.

I made another request to the Governor’s Office today – about data relating to the suggestion from the Governor’s Commission on Judicial Selection that David Lillehaug should be a Supreme Court justice.  We know from Wersal v. Sexton that it is unethical for a judge to endorse another judge.

Let’s see if THAT law is followed – over in the secret meetings of the Governor’s Commission…

I am expecting prompt production of data I requested.  You can’t keep the People waiting.

What is the connection between the Minnesota major media and the Old Dems?

I am re-blogging this post from http://jillclarkcontinues.wordpress.com

You can check out other posts there.

Why, when 3 finalists were suggested by the Governor’s judicial selection commission (current Court of Appeals Judge Hudson, former Office of Professional Responsibility Director Cleary, now judge, and attorney David Lillehaug) does the old Dem get the most headlines from local major media?  (Even those headlines that name the other two – seem to put Lillehaug first.)

(By the way, this post does not mean I agree that the seat should be appointed.  If Paul Anderson is not resigning until May – why would the seat not be run?)

Judicial misconduct occurs in every state

 

five people running away

I noted with interest that a blog covered the topic of judicial misconduct.  Check out the Swartz Campbell blog, proliability.schwatzcampell.com?tag=judicialmisconduct

That blog commented about judicial misconduct issues in the Pennsylvania courts, but noted that judicial misconduct occurs in every state.

It noted that the LA Times reported on the problem of fixing tickets in southern California.  Why doesn’t our media here in Minnesota cover issues of judicial misconduct?

And here’s an interesting one:  Georgia judge Bill Blass senior, according to the blog noted above, was suspended for 60 days for engaging in vindictive conduct against those who did not support his election.

Do you know any conduct in Minnesota that resembles that?

Blass was, according to that blog, also suspended for trying an empty chair as a defendant.  Consider now, the Fourth District policy of trying defendants in absentia.  (That means a trial, when the person accused is not there.)

Here it the trial in abstensia from the Fourth Judicial District, Minnesota (a/k/a Hennepin County Court) which was deposition exhibit 11 to the deposition of the Honorable Lucy A. Wieland.  I deposed her in August 2011 as part of my “disciplinary” case.  (More on that in other posts.)

011 Wieland

It took me over 5 years to obtain these policies, even though I made numerous requests.  Below the policy are some pages from the deposition of the Honorable Margaret A. Daly.  I ask her about the ‘in absentia’ policy, and she gives me what I’ll call the “party line” at the time, which was that the policies were not mandatory.  That broke down in subsequent questioning, as you will see.  She ended up saying that it’s not that the policies don’t matters, but judges don’t have to follow them (see deposition for precise quote, pages at bottom of post).

That made no sense to me at the time, and makes less sense now that I have seen more (in particular, a Supreme Court order stating that all judges in the state are required to follow the policies of the Judicial Council).   I believed then, and believe now, that numerous policies were intended to mandate judicial decision-making in the Fourth Judicial District, and therefore removed judicial discretion.  I believe I was being given a ‘cover story,’ because certain people in the courts were afraid telling the truth about the policies would result in a lawsuit challenging them as unconstitutional.

I have problems with that.

First, tell us the truth.  We are your Public.  We are, supposedly, the ones you serve.  We are, supposedly, the reason the courts are there in the first place.  Don’t get so mired in yourselves that you fail to see the big picture:  it’s about us; it’s not about you.

Second, now we have sued.  (See page “Our federal lawsuit against the Minnesota courts”).  The lawsuit exists.  Can we sit down and intelligently discuss this now?  Without the games?

Even now, even as players in the state court system make decisions about how to handle the lawsuit:  it’s still about us.  It’s still about the People of the State of Minnesota.

Work with us.

(What is the status of those policies?  Are they still on the books?)

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