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Is Judicial Immunity Real, Or Even Lawful?

My approach to the immunities is a bit different.  It can be seen on my website -- falseallegations.com -- in my TWO petitions for cert. One was denied (last year) and one is being conferenced TODAY, October 7th. 

Basically, I do NOT bother discuss any current cases (in contrast to Seth), for they ALL assume that judicial immunity is valid, and therefore that the quasijudicial and quasiprosecutorial and qualified immunities are valid. 
They are NOT valid, at least in my opinion.
So I go back to the history.

Immunity arose in the Star Chamber, the most reviled court in British history, in 1603.
It was brought here in the 19th century and to the U.S. Supreme Court, specifically, around 1870 in Bradley v. Fisher.  A bald but bearded man, Judge Field, wrote the decision.
It was early judicial fiat.  No Congress gave the judges immunity.
In Mass., we have article V of the Mass. Declaration of Rights.  There it is written that all folks in all three branches of govt -- legis, exec, and judicial (explicitly magistrates and officers) -- shall be ACCOUNTABLE TO ALL THE PEOPLE AT ALL TIMES.
That article has never been amended or altered or modified.  (Use whichever verb you want.)
The Eleventh Amendment canNOT TRUMP our article V.

The Eleventh Amendment has two prongs.
One was duly ratified/enacted i the early 1800s after Chisholm v. Georgia, which held that a citizen of one State could not go into federal court and sue another State.   For instance, someone from Louisiana could not sue the State of Georgia in federal court.

Now jump ahead 80 or 90 years to Hans v. Louisiana. 
The second prong of the Eleventh Amendment was born from the mouths of judges.  Judicial fiat.
 In Hans, the Supreme Court held that a citizen from one State could not go into federal court and sue HIS OWN State.
Congress had never amended or altered or modified the original duly ratified Eleventh Amendment.

It is that SECOND (unlawful) PRONG that is the basis of the district courts throwing out your cases seeking relief.

So my argument against quasijudicial immunity would have been quite different from Seth's.
Mine is not classic. 
Mine does not assume the basis of the quasijudicial immunity to be true.
Seth's argument assumes the basis IS true.

He sounds like a fine man and a fine attorney, who argued beautifully and professionally.  He stayed on track.
But the subject of immunity requires making waves.

By the way, my petition for cert by SCOTUS will be conferenced today. 
The issues in my case against the BBO  are

  • quasijudicial immunity that is bestowed upon the folks working at the Board of Bar Overseers and Office of Bar Counsel
  • quasiprosecutorial immunity for Bar Counsel
  • Eleventh Amendment -- the nemesis of many cases filed in U.S. District Courts
Last year, my petition for cert in which I sought SCOTUS to define good behavior and bad behavior for judges had been denied.  I shall try it again if my current petition for cert is allowed.  Of course, there is probably less than a 1 percent chance of getting cert, but who knows.
Barbara C. Johnson, Advocate of Court Reform and Attorney at Law
6 Appletree Lane
Andover, MA 01810-4102

email: barbaracjohnson@worldnet.att.net
False Allegations: http://www.falseallegations.com
Participating Attorney: http://www.lawguru.com/cgi/bbs2/user/browse.shtml

Here is a 14 page write-up on judicial immunity that may be of interest to some pursuing this course.

Go get'em Barbara!!