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Washington State-Wide Elections: The Governor’s Race Page 3 |
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Undue Prejudice against the defendants? Edited 10/29/2008
Many readers were probably impressed by the fact that these actions were spearheaded by two “former state Supreme Court Justices.” While it was sometimes added that Ireland and Utter had donated money to Gregoire’s re-election campaign or were Gregoire supporters, this set description about the plaintiffs’ prestigious government service was always included in each article.
There is immediate respect that comes with the phrase: “former State Supreme Court Justice.” And undoubtedly this awesome description brings with it a certain magical response from much of the public, and an instant aura of validity and profoundness to the actions taken by Faith Ireland and Robert Utter, no matter what their real legal merit might ultimately be held to be.
The mere fact that two former state Supreme Court Justices were leading these actions may very well have led to an unconscious PREJUDICE on the part of many voters in favor of the accusers, and against the accused. That these two former judges would not have known this might be the mass psychological result is unlikely. Judges are supposed to be constantly on guard about undue prejudice against the accused in our courts and in our society.
It is anticipated that in the near future, this Web Site will include a discussion of a Majority Opinion (and some of the unusual circumstances surrounding it), which was authored by Faith Ireland in the 2006 WA State Supreme Court cases:
Washington Public Disclosure Commission v Washington Education Association [PDC v. WEA] and
Davenport v. Washington State Education Association [Davenport v. WEA]
These cases were reheard by the U.S. Supreme Court in Winter 2007, and an opinion was issued by that court of last resort in June 2007. In the cases, which on the US level are now both referred to as the Davenport decision, the U.S. Supreme Court reversed the Washington State Supreme Court’s ruling, and rejected the Ireland Majority Opinion’s Legal Reasoning, in a 9-0 unanimous decision.
Oddly, Faith Ireland’s authorship of the Washington State Supreme Court 2006 Majority Opinion, never seemed to be mentioned in any of the news articles covering its reversal by the US Supreme Court in 2007 by the newspapers of Washington State (based upon a Pro Quest search).
A Peculiar State Supreme Court Case and a Fascinating Judge 10/23/2008
Much about the PDC v. WEA decision is unsettling.
Even those who have never read a court opinion, could probably spot something odd from the first page of this court decision. Its in the Timing. This is a case that took our state Supreme Court a tremendously long time to decide. The case was first argued on May 27, 2004, and not decided until March 16, 2006. That is very close to two years.
The US Supreme Court took less than six months from Oral Argument to issuing the Davenport decision.
Moreover, placed against the politics of the 2006 Washington State Supreme Court Races, this long delay for our state court to issue its opinion, looks even more suspicious . . . .
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Story will be continued on . . . |
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Finally coming back to continue this 10/28/2008
WORK In PROGRESS:
See Next Page for the Rest of the Story about . . .
The Fascinating Judge; The Peculiar Case; The Barely-Elected Gov. Chris Gregoire; The much-sued BIAW; and The GOP - Wronged - Hero Dino Rossi |