I hasten to respond to chief justice Catherine Kimball’s critism of the survey provided by the US Chamber Institute for Legal Reform which ranked Louisiana courts as second worst in the USA. The survey also specifically noted New Orleans courts as being among the worst in the nation.
Everyone seems to know that Louisiana courts are extremely bad except Ms. Kimball & company. Her court committee challenge of the survey might create billable $$$ for legal crews, but no garbling of the issues trounces the fact of more than a decade of public outcries about judicial abuses; nor dissolves the irrefutably unfair adjudications, which are the norms for court systems in New Orleans. Making a bad situation worse, is the fact that all of those court systems appears to CLICK together. (The ILR survey is among previous other surveys that have likewise reported such findings about Louisiana courts.)
Because so many court systems are located in New Orleans, the fact that this city is notoriously corrupt is an unsettling situation. These systems are: Ms. Kimball and her fellow justices’ arena, Louisiana ‘supreme court’ and the outrageous Louisiana 4th Circuit Appeal Court (both are on Royal Street). Also in New Orleans is the Federal Eastern District Court; the Federal 5th Circuit Court of Appeals; and the Eastern Louisiana, U.S. Department of Justice (DOJ). A further dismal fact about the locale of these systems, is that the Eastern DOJ region is headed by U.S. Attorney, Jim Letten -whose office, inter alia, covers up federal judges‘ wrongdoings and horrific Civil Rights violations.
Ms. Kimball said that she strenuously objected to ILR’s taking opinions of a few attorneys who may not set foot in Louisiana courts. Kimball also said that the survey was “not a valid measure of the efficiency or fairness of Louisiana’s courts.” I think I can see where she is coming from: Based on subjugation tactics that are used to suppress free speech rights of attorneys who are not in the ‘in crowd’, and based on those who have been chastised by oppressive judicial shenanigans which impedes certain lawyers from ethically earning livelihoods, I understand why Kimball would feel comfortable about the unlikelihood of a Louisiana attorney blowing any whistles.
Unfortunately, the people who could truly shed light on Louisiana deplorable court systems were neither included, and basically not considered for the ILR survey. It’s too bad that Kimball thinks the only people who have sense enough to know that things in Louisiana courts are amiss, possess a law degree. It’s also too bad that Kimball has for all these years, ignored the cries of people who are victims of judicial wrongdoing! Ironically, most people who were and are being most gruesomely victimized by judicial wrongs, which this chief justice apparently applauds, are lay people who lack the legal acumen to recognize or describe court injustices to which they have been subjected -and definitely they can ill afford litigation or legal advocates to assist them against judicial abuses. Additionally, it is common for the victims’ cases that were filed in Louisiana State Court systems to become unlawfully removed to federal courts -often without informing them or their attorneys (if they are lucky to obtain representation), until it is too late to avoid gross partiality and unconstitutional wrongs inflicted by federal judges!
Another major player in the Louisiana judicial depravity concert, is New Orleans Civil Sheriff Paul Valteau and the ‘deputies’ of his department who falsify “sheriff returns” (La.Code Civ.P.art.1292). Falsified sheriff returns unconstitutionally play a key role in preventing people from timely responding to civil actions for which some judge will render a ruling. Sheriff Valteau’s good fortune is that, courts uphold his deputies’ -sometimes obviously false sheriff returns -without which, there could not be things like the “Sheriff’s auction.” At fraudulent auctions, far too many moveable and immovable properties are confiscated and purportedly sold (many of such auctions are absolutely null because unlawful proceedings were filed with the Clerk’s Office in commencement of this type of pilfering).
Moreover, falsified sheriff returns enable unjust default judgments; and it enables family court and probate frauds. More incredibly, Louisiana judges have granted countless rulings and judgments in favor of “plaintiffs” which, from the time the lawsuit became filed as a court case, never existed! Put bluntly, when an unscrupulous lawyer decides to file a lawsuit in a Louisiana court (especially, New Orleans), the lawsuit could contain ‘Mary had a little lamb’ as the plaintiff. Or, such a lawyer could file the lawsuit using the name of Lehman Brothers -and the judge would not bother with the fact that Lehman Brothers is defunct. [Incidently, New Orleans Sheriff Valteau conveyed at least one immoveable (that I know of) as a result of a court proceeding that utilized non-existent Lehman Brothers‘ name AFTER the fact of Lehman’s collapse!]
The bottom line is, regardless of merit, no lawsuit can be decided by any credible judge when the alleged plaintiff which originated that case does not exist. There can be no standing in a lawsuit with a non-existent plaintiff. (Of course, if the originating plaintiff lawfully had standing, substitution is allowable.) Is it plausible for a lawyer to excuse such conduct by saying that he or she filed a lawsuit on behalf of a non-exist plaintiff because of forgetting who is paying his or her fee?
It would be as absurd as a New Orleans judge ruling on a lawsuit that was filed in the name of non-existent Krauss Department Store which was formerly located at Canal and Basin Streets. However, not only is it a common practice for these kinds of lawsuits to be filed, maintained, and even removed to federal court for some serious railroading, there are scores of horror stories about how people’s rights, as well as their properties have been taken as a result of inept or / and corrupt judges -of which Louisiana’s chief judge is obviously proud. Hopefully, it will not be long before exposure of judicial rulings that aided $$$$$$$$$ to become fraudulently acquired in names of non-existent mortgage lenders or mortgage companies listed as plaintiffs in lawsuits despite they didn’t own those promissory notes. Certain lawyers filed cases that help fraudulent receipt of hurricane INSURANCE MONEY for properties belonging to people who became exiled after their properties were destroyed by Hurricane Katrina! In light of Sheriff Valteau’s pre-Katrina deceptive real estate conveyances and deputies falsifying, I’m inclined to believe that his department was helpful also in those ventures.
Plus, despite that it is duty of Clerk of Court Dale N. Atkins to be responsible for the court records, vast amounts of pleadings and documents turn up missing from New Orleans court records. Such absent documents, particularly, are the primary reasons why so many people were deprived of justice post-Katrina, although NO WATER DAMAGE occurred on Orleans Parish Civil Court record room, which is located on the fourth floor of the building. Missing records and documents are immensely unfair to litigants, especially because when cases become appealed from lower courts, ESSENTIAL, CRITICAL documents and evidence cannot possibly become viewed by appellate judges. In Louisiana court decisions, many, many appellate cases contain a statement something like: ‘nothing found in the record to support the argument’. Because of missing case file documents and pleadings from the New Orleans Court Clerk record room, an even greater impediment to justice occurs when cases become unlawfully, and sometimes unbeknownst to opposing litigants, removed to federal court. IT IS NOT HARD TO CONNECT DOTS from Court Clerk Atkins’ proven patterns of deception such as sending newly-filed lawsuits to her choice of judges whereby she can better guarantee outcomes for those cases; and the clearly faulty removal of state law cases that wound up -for no lawful reason in federal court; and the massive amounts missing documents from case files. Although it might not be so blatant to an average person what Atkins is doing, it is GLARINGLY obvious that something is amiss at the Clerk’s Office at New Orleans Civil Court.
Whether judicial controversies arises from Asbestos, Workman’s Comp, child support, lawyers who file fraudulent lawsuits, mortgage lenders’ use of court systems to unlawfully acquire Hurricane Katrina insurance proceeds to which they were not entitled, open successions, 18-wheel accidents, divorce, domestic violence, and so on -PEOPLE OR ENTITIES WITH DIFFERENCES WOULD BE LESS LIKELY AT EACH OTHERS’ THROATS if JUDGES would simply APPLY THE RULE OF LAW! Too often litigants are being pit against each other due to lazy, inept, or corrupt judges’ failure and refusal to do their jobs. In the whole scheme of things, lawyers cannot accomplish much more than judges permit. SUCCINCTLY, Louisiana corrupt judges are behind violence, poverty, broken families, and our health, education, and job crisis. Refusal of Kimball and her colleagues to concern themselves with how the Rule of Law is not being applied for judicial matters, keeps to Louisiana in the state it is in.
Do I have an axe to grind with regard to the courts? I certainly do. And people who visit my website could not agree with me more! Not only that, because I continually receive correspondences regarding flagrant judicial abuses from people who seek help and direction, I am more than bothered about what is, and has been going on in the courts! I am especially incensed because I know about far too many displaced and exiled post-Hurricane Katrina people who not only lost everything, but whose lives are irreparably wronged due to federal and state court judges’ unjust, unconstitutional acts and edicts -with cooperation from various court personnel. I always write with such people in my heart because judicially inflicted hemorrhaging yet continues even up to this very day.
For the foregoing reasons (notwithstanding others reasons I can state as well as prove), I find it despicable that Ms. (‘justice’) Kimball, or anyone else would continue defending -rather than correcting appalling judicial activities and practices that occur throughout Louisiana court systems! For corroborating facts and prima facie evidence of what I have written, see at http://www.lawgrace.org.
Addendum as to how and why Louisiana court systems continue being deplorable:
Currently in the news are reports that, in an attempt to overturn the President’s health-care bill, the attorney general for Louisiana has joined a Florida lawsuit. Louisiana Attorney General Buddy Caldwell is the only state attorney general to take part, who is of the Democrat party. Regardless of Mr. Caldwell’s stance, he is consistently being urged by Louisiana legislators and scores of others, to not involve Louisiana -primarily because the suit has little chance of prevailing; not even legal scholars think so.
The first portion of this article delves into issues about the ILR survey which ranked Louisiana courts as second worst in the USA. Linking Louisiana’s dismal courts to Mr. Caldwell, is the ludicrous and needless $$$$$$$$$$ that the Louisiana attorney general’s office spends in legal fees and damage awards because of lawsuits that are filed and won as a result of corrupt and / or inept Louisiana judges and judicial personnel. If not so distressing, it would be laughable to mull over the stupidity of all those billable hours for which fees are paid from the Louisiana State budget! On the other hand, the much less costly solution -instead of covering up and litigating undeniable judicial infractions- is to simply require court employees to comply with, and enforce the statutes and laws -perform the jobs for which they receive State of Louisiana paychecks.
The Louisiana judiciary falls under Mr. Caldwell’s authority. But like his predecessor, Charles Foti, Caldwell has been looking the other way -except, it seems, when cronies can get opportunities to rake in legal fees. What label might be given to an attorney general who behaves as though Justice Kimball and her colleagues should be allowed to govern themselves? How jejune it is to be satisfied with a court system that is a law unto itself. Also, because from all appearance Ms. Kimball determines whom to select for the court analysis that Kimball proffered, a Cornell law professor’s report is not as meaningful as it might have been, if it were not that Ms. Kimball has liberty to furnish information for evaluation.
Not only can Louisiana not afford the expense of futilely litigating against the health-care bill, Caldwell seems to be infected with nonsense, like former Atty Gen Charles Foti. When Foti sued the doctor and 2 nurses following the Memorial Hospital deaths of patients during Hurricane Katrina, Foti was dubbed as one of the 3 Stooges. (Also, Foti’s record when he was criminal sheriff is lamentable, as his treatment of prisoners still haunts New Orleans -especially now that the Danziger Bridge, NOPD shootings during Hurricane Katrina is causing national uproar, as well as the largest federal probe in history. Notably, although that shooting took place 5 years ago, prior to national spotlight on New Orleans, neither local federal, nor state enforcement agencies were concerned with those shocking events. An even more appalling New Orleans judicial reality, is that Judge Bigelow who presided over the criminal case against those police officers, not only refused to rescue himself due to his wife’s and several of his staff members’ affiliation with the accused police officers, Bigelow threw the case out against all the officers who shot those unarmed people on the bridge.)
Mr. Caldwell’s position as Louisiana’s attorney general, authorizes him to rectify and mitigate judicial wrongs by state court employees, which includes judges. Otherwise, what judicial outlaw would mend his and her ways if there were no ameliorating consequences? The other matter which all attorney generals are required to address is consumer frauds and abuses! But in this State where abjectness, substance abuse, and poverty abounds -NOT! It certainly would benefit all Louisianans if Caldwell (as well as others with enforcement authority), would contemplate correlations between judicial / government-oppressed people, drunk driving, mental illness, disintegrated households, unemployment, vice, and poverty -in light of clues that neither additional jails, nor fleeing to suburbs, nor perks and junkets, nor ‘the good life’ -not even the very best medical coverage, is a solution to Louisiana maladies! *Consumer abuses would be more conspicuous had it not been for the Katrina diaspora. **More on pre-Katrina judicial improprieties and consumer frauds: “Casualties From New Orleans’ Ineptness and Corruption Coming To A City Near You” @ http://www.lawgrace.org/2006/06/30/casualties-from-corruption/. Equally aggravating about Louisiana’s attorney generals, is that they do nothing about the manner in which Louisiana judges deliberately render unlawful rulings which facilitate frauds by Freddie Mac, Wells Fargo, and others; as well as render contrary-to-law rulings and orders which aid illegal repossession scams, and Securities frauds.
I hope Mr. Caldwell’s reasons for joining that lawsuit were not political career tactics. His inaction regarding devastations that judicial impropriety inflicts on every aspect of life quality and business in Louisiana, prompts me to wonder whether he understands the principal tasks that he should be engaged in; and whether he understands and cares about the tremendous benefit appropriate actions can have for the State of Louisiana.