Friday, February 15, 2008

Why Hide the Documents?


Rep. Lembke is the lead attacker of the Missouri Plan. He says he wants more openness in government.

So, Rep. Lembke files a resolution with House Speaker Rod Jetton to have Judge Hutson impeached. I think I should be able to get a copy of the document. Wrong!!! Why are they hiding?

The Missouri Nonpartisan Court Plan is about reducing politics in the judiciary branch. Rep. Lembke is about increasing politics, including telling judges when they should recuse themselves. This guy is scary.

4 comments:

whistleblower said...

Stephen...

Is it your belief that complaints filed against judges should be open to the public, even before an investigation establishing merit of the complaint has been completed?

I think you are so interested in defaming Rep. Lembke that you have failed to consider the ramifications of your desires.

As historical precedent exists that provides for nondisclosure of complaints filed against professionals, in order to protect their reputation from frivolous complaints, the standard protocol is to provide for confidentiality.

However, judges and lawyers in Missouri are members of an integrated Bar, a subcommittee of the Missouri Supreme Court, and therefore, members of a little branch of our government known as the Judiciary.

Your desire may have merit. The relationship that the lawyers and judges in Missouri have with our state government, may, in fact, trump the courtesy of confidentiality generally extended to other professionals.

Would giving you access to this complaint serve a significant positive role?

Be careful what you wish for.

Stephen Bough said...

I'm asking for a resolution filed by one elected official with another elected official - not a complaint against a judge.

whistleblower said...

Stephen...

I think you are too focused on what you consider to be the prize.

Complaints against judges do not necessarily need to be filed with the C.R.R.D., or only with the C.R.R.D. They may be filed directly with the House.

Perhaps this opinion from the New York Court of Appeals will give you some guidance as to what should and should not be made public.

Should protecting the reputation of the judge, should she be found to have committed no wrong, be more important than getting a copy of a complaint in order to defame Rep. Lembke?

As I stated before, "be careful what you wish for", the result may set precedent that you may later wish was not set.

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