Post by DAnne Burley on Jan 23, 2005 20:08:32 GMT -5
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Whats Wrong with American Courts
CONFLICT OF INTEREST
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Here is again the Issue of Mass Corruption within Illinois Courts
By D'Anne Burley
Here is another cause for alarm! Why are there Problems With Our Judges within the U.S. Federal Courts and Lower District Courts With Stepping DOWN ON CASES WHERE THERE IS NOTED VIOLATION OF "CONFLICT OF INTEREST"!
In this case Judge Holderman was asked to Recuse himself and REFUSED! (this is to remove one from a case.)
Facts
Under the judge's order, Stern released some of the grand jury material to the plaintiff's attorney in the malpractice case. The defendant's attorneys from Winston & Strawn discovered what happened and objected.
Cites actions by judge
Kocoras recused himself because his son works at Winston & Strawn. The matter was assigned to Holderman, who stayed even though his wife works there,
The Case of Winston and Strawn and Judge Holderman.
1) Judge Holderman's Wife is EMPLOYED AS An ATTORNEY WITHIN THE LAW FIRM OF STRAWN, T
2) THE US ATTORNEY AS A CASE BEFORE Judge Holderman, who refuses to remove himself knowing that his wife's law firm is involved in a case before him.
3) Judge making rules, and guess what Strawn is involved in the case as representing the OTHER SIDE!
4) THIS IS CONFLICT OF INTEREST AND THIS IS A CONDITION WHICH SEEMS TO BE OVER-LOOKED IN ILLINOIS COURTS, WHY?
And here is a question who is attempting to place Judge Holderman was the Chief Judge of US Federal Courts.
READ THESE ARTICLES AND WRITE TO THE PRESIDENT AND CONGRESS AND SENATE THIS IS AGAINST OUR CONSTITUTION AGAIN.
Please note that the U.S. Attorney of Illinois attempted to get Judge Holderman to remove himself from this case and Judge Holderman refused why? and what is there about this case that makes Judge Holderman want to hold on to the control of it within Court Structure?
Legal battle pits U.S. attorney vs. judge
file:home1
January 22, 2005
BY STEVE WARMBIR AND NATASHA KORECKI Staff Reporters Advertisement
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In an extraordinary move, U.S. Attorney Patrick Fitzgerald is blasting a longtime federal judge for being "hostile," "bizarre" and "retaliatory," while the judge, James Holderman, wants the U.S. Justice Department to investigate Fitzgerald's conduct and indicated another prosecutor may be held in criminal contempt.
The legal war boiled over Friday when a motion by Fitzgerald's office was made public, asking the appellate court to force Holderman off a case -- a case Holderman has refused to leave.
The salvo by Fitzgerald is an eruption of a long-simmering feud between the U.S. attorney's office in Chicago and Holderman, who is next in line to be chief judge and is praised by some attorneys but dubbed by critics as "Holdermaniac" for his temper.
'He felt his own office betrayed him'
U.S. District Court Judge James F. Holderman, 58, a Joliet native, was appointed to the federal bench by President Reagan in 1985.
A former chief of special prosecutions for the U.S. attorney's office, he was initially considered by some to be a "prosecution judge."
That all changed during the prosecution of leaders of the El Rukn street gang, when prosecutors were discovered to have been granting privileges to witnesses and not disclosing them to the defense.
"He felt his own office betrayed him," said an attorney, asking his name not be used. "It made him very suspicious of the U.S. attorney's office. After that, he became something of a defense-oriented judge but could go after them too if they set him off the same way."
Always known for an irascible temper, his critics called him "Holdermaniac."
"Judge Holderman has exhibited poor temperament over the past few years ... if his temperament were more even, he has the potential to be a very good judge," the Chicago Council of Lawyers wrote in a 1991 review of Holderman that also praised him as a "fair-minded reasonable jurist with high integrity."
Holderman is a graduate of the University of Illinois College of Law. He is an adjunct professor at the John Marshall Law School.
Abdon M. Pallasch
A first, experts say
Veteran federal court observers could not recall so critical a legal attack launched by the U.S. attorney's office in Chicago against a judge or such a public breakdown between the prosecutor's office and the judiciary.
"I've never heard of anything like this," DePaul Law Professor Len Cavise said.
Fitzgerald wants Holderman tossed off a case involving the conduct of a prosecutor on a grand jury matter. Holderman had no comment but has defended himself in an opinion, contending prosecutors are mischaracterizing his statements.
The controversy centers over whether a federal prosecutor, Jacqueline Stern, acted properly in December 2003 when she went to Chief Judge Charles Kocoras for an order authorizing her to disclose grand jury matters. Stern wanted to turn over some material about an individual she had once investigated criminally and who was being sued in a related medical malpractice case.
Under the judge's order, Stern released some of the grand jury material to the plaintiff's attorney in the malpractice case. The defendant's attorneys from Winston & Strawn discovered what happened and objected.
Cites actions by judge
Kocoras recused himself because his son works at Winston & Strawn. The matter was assigned to Holderman, who stayed even though his wife works there, too.
Holderman said Stern may be held in criminal contempt, which Fitzgerald's office rejects. Fitzgerald admits what Stern did could have been better procedurally but says nothing was legally wrong.
The U.S. attorney's office cited several actions allegedly taken by Holderman to show he is biased and to question his candor:
*Holderman admitted in a conversation with a federal public defender that he had no evidence that the prosecutor behaved criminally. Holderman wanted a public defender to possibly act as a prosecutor against Stern.
*Holderman effectively harassed federal prosecutors the day after Fitzgerald's office asked him to recuse himself, with Holderman's clerk promising "a special day" to prosecutors coming before Holderman with routine requests.
*Holderman changed his theory regarding what Stern allegedly did wrong when his first theory wasn't going to fly.
*Holderman allowed Winston & Strawn into the secret proceedings regarding Stern, even though the law firm had a financial interest in the outcome.
'Kangaroo court'
This isn't the first time the U.S. attorney's office has tangled with Holderman.
Last year, when Fitzgerald's office apparently felt the judge was harshly treating a veteran prosecutor during a trial, both Fitzgerald and First Assistant U.S. Attorney Gary Shapiro visited the courtroom to observe. Holderman would frequently stop the proceedings, have the jury excused, then verbally lash the prosecutor, and at times the defense, for perceived failures.
Holderman has also come under criticism from the federal appellate court. In a 1999 ruling involving racial discrimination at a Chicago Public School, the appellate court ruled that Holderman essentially ran "a kangaroo court."
The next step will be for Holderman to respond. Then, the appellate court will have to sort through a matter possibly without precedent.
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