Tag Archives: injustice

Opinion: Why Is Pima County Consolidated Justice Court Unfair?

“Injustice anywhere is a threat to justice everywhere.” Martin Luther King,Jr.

First of all, we are taught as soon as we can read and understand, that the American system of justice is fair and equal. And, there are some of us, who believed it, and some of us who continue to fight for that fairness and equity.  Now, some will say that this post is about ‘sour grapes’, but please be assured, it is not. And since I asked the question,  I will provide the answers which support my opinion that the court is unfair, biased, and, unfortunately, it has ‘pockets’ of racism.

In my opinion, there is a ‘circle of corruption’, and those who are within that circle make it a point to ‘steer’ a case to the other members of that circle.  In that way, they are assured of an illegal victory. And that circle does not stop at the doors of that particular court, it goes up to the next level, which is Pima County Superior Court. Now, the coincidences must be looked at objectively, and one being that Lisa Royal, the current Court Administrator for Justice Court, was also once part of the administration of Superior Court. That does not automatically translate into the existence  of a ‘conspiracy’, but when everything starts going south, and the rules are bent and/or ignored, then one has to, at the very least, explore that possibility.

For example, in Arizona, there is something that is called the Arizona Landlord Tenant Act, now in this particular case, the landlord, admitted that he was retaliating. The ACT says that if a landlord is asking a tenant to move based upon a complaint about living conditions, then it is retaliation, and it is prohibited.  Now, if a tenant not only has proof of the complaint, but has that proof in writing, the landlord is supposed to be prohibited from making a tenant move. When a judge sees a document that has a statement written by the landlord, under oath, then why would Judge Pro Tem say that he did not “see” retaliation?  This is the portion of that sworn document:

 

(As most people know, the word “troublemakers” is code for those who request their rights. That is the term used  in the 1950’s and 1960’s to describe Martin Luther King, Jr.) This was an admission to retaliating, written under oath, and to which he admitted on the record. So what stopped the judge from ruling as to retaliation?

When an agency director, who is paying a portion of the rent, testifies under oath that the landlord promised to  provide a lease, then why would the testimony of that independent third-party be ignored by the judge? And, then, why would a Superior Court judge mis-state the facts and state that the tenant “assumed” that there was supposed to be a lease,even though that issue is not properly before them?

Why would Lisa Royal and Xavier Verdugo promise to adhere to specific rules of Civil Appellate Procedure, then not do so? But instead, allegedly use their connections to speed up the process while ignoring those rules? Why would a Superior Court judge refuse to rule upon a Motion for New Trial when  it is within his purview to do so, and again, rush the case back?  Why would Justice Court then rule on that motion without jurisdiction, but delay in ruling on the motion to vacate the ruling? Why, when one of the other tenants/defendants no longer resides with the other, would Justice Court refuse to serve that party with notice of a hearing using their mailing address?

When all of the above questions, in and of themselves, represent judicial aberrations, then one must come to the conclusion which forms the opinion that the specific parties, and their court, are indeed, unfair. One must also, at that point, look at what is similar and dissimilar between all of the parties. If all of the parties are of all races except for Black,  but the defendants/tenants are Black, then one can fairly come to the conclusion, (based upon the judicial aberrations), that the issue of race, must indeed be a factor, and that the scales of justice are not balanced, and in this case, lady justice was not blind at all.

And yet, they boldly do it in plain sight, on the record, and blatantly.  It is my opinion, that the parties involved not only lack a conscience, but also lack a soul, and have neither integrity nor respect for the offices which they hold. It is my opinion that their loyalty is not to the law, but to one another. Could that be why the plaintiff’s attorney, Blythe Edmondson,  felt comfortable paying fast and loose with the facts, and, the truth?

It seems as if this were some re-creation of the feudal system, and the poor laborer has no rights when it comes to the wealthy landowner or the aristocracy. But wait … what? No, but that can’t be right? That was England, right? This is America, right? And, slavery has been abolished in America, right?  There is something called the U.S. Constitution, right? There is something called Due Process, right? There is something called “Equal Protection Under The Law”, right?

Based upon all of the above, this is not an issue of sour grapes, but an issue of injustice and  of justice denied.

So my friends, that is why my opinion is that Pima County Consolidated Justice Court is unfair and biased. That is why it is my opinion that this particular case was steered to those within the alleged ‘circle of corruption’.

I would say to each and every one of them – ‘Shame on you for what you have done.’

#EqualProtectionUnderTheLaw #MartinLutherKingJr #ArizonaLandlordTenantAct

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Opinion: When Justice Takes A Holiday

 

Every American citizen believes, (or wants to believe), that when it is time for their day in court, they will receive fair and equitable treatment. After all, even Jeffery Dahmer received a fair trial. However, if you are a person of color, your hopes are dashed, because some within the system see it as an opportunity to take ‘ a day off’ from the rules of justice, even the laws.  You walk in hopeful … you walk out disappointed, and, in some cases, hurt.  It seems as if  people of color are not considered equal and entitled to equal protection under the law. That’s when one loses their center of gravity, because all you ever believed in turns out to be a fantasy. Even though the reality was not ever addressed to you, you still bought it, because no one ever told you that it was not intended for you.

This does not just happen in criminal court, but it happens in civil court as well. Every person in the room, comes equipped with their own personal biases and stereotypes. And, in most cases, (not all), that includes the opposing attorney and the judge. You can be right, but no one hears your words, no one reads what you have written. Your skin tone speaks for you, and you are immediately dismissed.

If you quote a statute, you are ignored, because, after all, you are not even supposed to be able to read. If you represent yourself on something as small as a landlord/tenant dispute, if the opposing party is represented by an attorney, then a possible friendship or ‘professional loyalty‘ comes into play, and your standing is immediately diminished.  Indeed, there are fair judges within a county, but they are few and far between. And, one does breathe a sigh of relief when one encounters that rare, fair and unbiased judge. And that old saying about the person who represents themselves has a fool for a client is one which may have been created to keep attorneys with their jobs.

Many may not remember the Eddie Murphy skit about how things are different between the majority and minorities. Sure it was over-the-top comedy, but in some ways, in the American judicial system, it seems to ring very true.

But you stand there anyway, presenting your case, hoping that your words are at least heard and understood. You don’t give up, you present your evidence, only to soon learn that ‘your’ evidence does not matter. You may as well have presented a ‘kite’, because essentially, at the end, you feel that what was figuratively said to you was to “go fly a kite” . Once away from the court, you can not help but feel violated, cheated and hurt.  It is as if someone picked you up and shook you like a rag doll.

But what can be done?  One thing that can be done is to vote. Read up on the reviews of a judge and vote judges with poor reviews out of that position.  So many people just vote ‘yes’ on all of the judges, and that is a mistake. Take the time to research. Your vote counts and it is important that you exercise your personal responsibility to be a well-informed voter.

On paper, the American justice system is the best in the world.  And every single American is entitled to access to the fair and unbiased system which is not only on paper, but in the hearts and minds of all Americans.  It is instilled in our minds practically as soon as we can read and understand. It’s literally a promise. So, it is we, the American people, who have to hold that system to its word.

It should be the goal of everyone in this country to make certain that justice never, ever takes a holiday. It is not just people of color who suffer as a result, it’s America.

http://www.nydailynews.com/entertainment/eddie-murphy-1984-snl-skit-white-privilege-article-1.2409222

https://www.washingtonpost.com/news/wonk/wp/2015/07/20/why-the-u-s-court-system-is-criminally-unjust/?noredirect=on

https://www.nationalreview.com/2016/01/american-justice-system-broken/https://www.nationalreview.com/2016/01/american-justice-system-broken/

 

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