In The Declaration of Independence, there is a scathing attack on King George III's rule over the American Colonies: "He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries."
From the beginning of this constitutional democracy, it has been clear that whatever the politics involved in the election or appointment of a judge, once on the bench, he or she must be entirely independant. Or else the judiciary has no credibility and justice is currupted by influence and power.
In The Federalist Papers,by James Madison, Alexander Hamilton, and John Jay, Hamilton wrote;"The independence of the judges is..requisite to guard the Constitution and the rights of individuals from the effects of the ill humors of designing men..without this complete independence of the judiciary all the reservations of particular rights would amount to nothing."
The fact that Judges in Nassau County are created by the whim of politcal demagogues leads inevitably to a bench that is rife with inherent biases.
In the days gone by, the Judiciary vacancies were filled by community elders, those select lawyers who had demonstrated a life long love of the constitution and all its inherent rights.
These "Elders" were intellectually and morally committed to upholding the rights of men and the principles of our founding fathers, not the policies of a political clubhouse or the power of public opinion "de-jour!
Today the judiciary in Nassau County is comprised, with few exceptions, of political "YES" men, large GOP contributors(or their relatives) and displaced defeated local politicians!
Lawyers with ties to the Nassau Republican machine rutinely are rewarded with lucrative guardianships and appointments by a currupt bench.
While politically uninitiated attorneys become the bottom feeders in the Nassau County Court Pond!
In the future I will be publishing the biographys and resumes of these fine men and women who make up our "LEARNED BENCH".
Hopefully this will demonstrate the need for independent appointment of judges!
The fact that someday you or a loved one could come before one of these judges and have your future decided upon by a judge who is far better versed in the art of political dealmaking than the complexities of Constitutional interpretation is truly a scary proposition!
Justice Francis Murphy in his farewell speach before the New York County Lawyers Association on Dec. 11,1997 said it well "A judge, in the main, is not a scholar nor an intellectual, nor a philosopher.
He is an ordinary human being carrying the ordinary baggage of the good and bad.
His only hope for distinction is that, in the end, when he puts down that baggage and looks back, he will not see his shadow as that of a coward or a hypocrite.
He will see that though his robe has become worn, his oath is as strong as the day that he first took it!"
****Justice Murphy was FORCED to retire by Gov. George Pataki for idealogical differences(KING GEORGE?)*****
See you next time,.........