Thursday, August 10, 2017

Defamation in Texas

Texas law presumes that the following statements are defamatory per se: (1) statements that unambiguously charge a crime, dishonesty, fraud, rascality, or general depravity...


Another relevant link: http://www.scjc.texas.gov/

More: Defamation per se means a statement that is defamation “by itself.” A person claiming defamation per se does not have to prove that they suffered damage to their reputation or any monetary loss. The statement speaks for itself—it is defamatory, and thus, the plaintiff is entitled to damages. In Texas cases involving defamation per se, “our law presumes that statements that are defamatory per se injure the victim’s reputation and entitle him to recover general damages, including damages for loss of reputation and mental anguish.” Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).

One does not necessarily need to file a lawsuit to remedy an injustice.  It is more effective, often, to have the bad person removed from his position.  How many future injustices for innocent people may be prevented by removing a single, fouled judge?

Wednesday, August 9, 2017

More from the Texas Code of Judicial Conduct

Preamble

Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code of Judicial Conduct are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law.

The Code of Judicial Conduct is not intended as an exhaustive guide for the conduct of judges. They should also be governed in their judicial and personal conduct by general ethical standards. The Code is intended, however, to state basic standards which should govern the conduct of all judges and to provide guidance to assist judges in establishing and maintaining high standards of judicial and personal conduct.

And Canon 2:

Canon 2: Avoiding Impropriety and the Appearance of Impropriety in All of the Judge’s Activities

A. A judge shall comply with the law and should act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary

~~

When a cop slaps his wife at home, he should be removed from the public trust.

When a judge willfully and maliciously abandons his oath to be impartial, to respect the Rule of Law and the fundamental elements of fact versus hearsay, he should be removed from the public trust.

**Journalists**  Please respect the embargo of this story until such time as we lift it for each of you.

Monday, August 7, 2017

Do sitting Judges in Texas use Google & Blogs to determine Guilt or Innocence?

It would seem at least one sitting judge in suburban Wichita Falls, Texas, may do so, based upon his extra-judicial activities online.

We can begin this series of in-depth articles with the Texas Code of Judicial Conduct.

Specifically today let us consider Canon 4:

Canon 4: Conducting the Judge's Extra-Judicial Activities to Minimize the Risk of Conflict with Judicial Obligations

A. Extra-Judicial Activities in General. A judge shall conduct all of the judge's extrajudicial activities so that they do not: 

(1) cast reasonable doubt on the judge's capacity to act impartially as a judge; or...

Link is here.

Is it appropriate for a sitting judge to commit textbook defamation under Texas law upon a person - especially if said judge is gleaning his information from internet blogs and Google searches, without any facts presented to him?  How many citizens appearing before such a judge in his courtroom could reasonably expect an ethically unbiased decision based solely on facts in evidence - versus a decision based upon a Google search?

Is impartiality an option among some judges?

We'll explore in upcoming posts.

**NOTE**  Journalists invited to this page may contact us here: iii@iiipercent.com