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EDITORIAL: Sotomayor’s ethical oversight

I usually do not use Editorials, but this is a good one.

From The Washington Times:

Supreme Court nominee Judge Sonia Sotomayor seems to think different rules apply to her than to everyone else.

On Page 143 of her Senate Judiciary Committee questionnaire, she said she “practiced alone” in a side legal business from 1983 to 1986 “as a consultant to family and friends.” During that time, she also was serving as a prosecutor and then as a member of a larger law firm. Judge Sotomayor listed the name of the solo practice as Sotomayor and Associates.

Advertising a solo practice as if it has more than one lawyer is a problem. Judge Sotomayor appears to have violated this minor but clear rule of legal ethics for four years.

I know all you libs out there are saying conservatives are making mountains out of molehills when it comes to this Judge. But we are not. This is a very important appointment, it’s a life time appointment to the highest court in the land. It’s unfortunate that we are replacing one activist Judge with a “more” liberal, activist Judge. Judges need to be impartial and conservative. These people effect our lives with every single decision they make. Remember the Kelo decision? Row vs Wade?

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3 Responses

  1. SOTOMAYOR IGNORANT OF THE LAW

    Sotomayor flunks on getting the most basic principle of appellate law wrong – the Standard of Review.

    In Huminski v. Haverkoch, 11/5/04, 03-7036 2d. Cir., Sotomayor reveals an ignorance of the law by failing to apply the correct standard of review to an important civil rights case. She found appellate review was for reversible error when the correct standard of review for such a case (summary judgment) is De Novo.

    A simple google on, “standard of review for summary judgment de novo” supplies tens of authorities on the issue. I guess Sotomayor would rather be wrong than google on such a rudimentary issue. She also could have assigned her flock of law clerks to research the issue. Further, on a motion for rehearing specifically pointing out her error she did not act and correct it.

    Here is the link to the Sotomayor summary order from this case in which she presided over.

    http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/doc/03-7036_so.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/cb42154f-30e6-47ee-ae7c-d8e4c3acc2e5/1/hilite/

    See also,
    http://www.judgewatch.org/web-pages/cja-members-efforts/huminski-scott.htm

    Where the order states “For the Court”, it refers to Sotomayor and the 2 other judges on the case.

    Empathy, not much empathy for this wrongly convicted and incarcerated citizen,
    http://www.nytimes.com/2009/06/10/nyregion/10dna.html?_r=1&emc=eta1

    See a different case of mine, Huminski v. Corsones, No. 02-6201 (2d Cir. 10/07/2004) (“We review a district court’s grant or denial of summary judgment de novo.”)

    — Scott Huminski
    (202) 239-1252

    • Dear Scott,

      The Uncooperative wife of Brian’s here. Susan Bonner. I wish we had your legal council regarding my trying to stop our “crazy” neighbors. We are in the process of getting an order of protection against them and they are asking for a Jury trial. It’s nuts. And we cannot afford a lawyer. The Judge wants us to send a letter to the court and my neighbor’s attorney contesting the motion for a jury trial. But they can’t tell us how to do that. Any insite?

      Susan Bonner

      • Susan, Each state is different rules, statutes, etc.. You would need someone local. In any case, it seems like the judge doesn’t want a jury trial, I’d obey the judge and just send in a plain english letter. ***Not legal advice.*** — scott

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