*This is a Nation that has acknowledged the court system is not working where guardianship is concerned
*This is a Nation “For the People and By the People”
10,000 Baby Boomers turn 65 each day and this will continue for many years to come. A good number of those Boomers will find themselves the subject of an application for guardianship. Many will need it and receive loving help while others are headed straight to hell. It is judges who sit between the seniors and their fate. Those seniors have a right to expect that the Judges will have thoroughly familiarized themselves with their cases and will make a decision based on an effort to do everything within reason to accommodate the desires of the seniors concerning their living circumstances, their finances, freedom of movement and association.
JUDICIAL ABSOLUTE IMMUNITY came into being in 1871 when Section 1983 was adopted, and our modern Supreme Court has upheld this rule even though history shows that even in 1871 only a minority of courts provided absolute immunity because it is not a good idea.
In making this decision, our modern court looked at functional considerations, such as how often an office holder was sued for money damages and how much these suits interfered with the function of the office. The Supreme Court exists to support the intentions of the Constitution; concerns of an overburdened court system should have played no part in their deliberation. Do we send a murderer straight to prison because 10 people saw him pull the trigger, there is no doubt that he is the murderer, and a trial will simply clutter up our already overburdened system?
Life, Liberty and the Pursuit of Happiness should never be the price we pay for a well-oiled court system. Human suffering should never be the price we pay for anything.
Full Article and Source:
The Silver Standard News: All Judges are Considerate, Measured, Conscientious, and Fair....Well... Almost All
See Also:
The EARN Project
The Unforgivable Truth
3 comments:
We know there are good judges, but those don't receive media attention and so we don't know who they are. That leaves most people to believe they're all bad!
I agree Finny the bad judges with problems usually find their way into the news. My guess is that most judges are on auto decision when it comes to protection thinking it's better to protect whether or not the person, the respondent, needs a full blown guardianship which almost always ends up as a life sentence, til death do they - the ward and the guardian - part.
I agree and disagree Finny, I think judges are so well protected that we don't know the depth of corruption. We get glimpses from news stories, but who is really watching? Who is keeping track? I think no one. Obviously, judges have big egos are they wouldn't be in that job. Pretty soon, probate judges find out they can run the show with no one holding them accountable. They feed on power.
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