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Documents Relating to Judicial Reform
Judicial Conflict of InterestAdjunct professorships, board memberships, paid travel to resort locations, and scholarships to their families create a blatant conflict of interest for judges who preside over Tulane cases.Investing in Judicial LoyaltyPaid travel for judges may facilitate favorable treatment for Tulane University by the courts.Friends in High PlacesGood relationships with judges may help secure favored treatment for Tulane.Judge Berrigan and TulaneBernofsky explains why Judge Ginger Berrigan had a material conflict of interest in his case against Tulane.Censorship of News QuestionedAfter Chief Judge Carolyn D. King of the Fifth Circuit Court of Appeals questioned the impartiality of Judge Berrigan, the front-page story carrying this information quietly disappeared from Internet databases.Tulane's Scholarship ScandalHow a scheme involving scholarship gifts to judges and legislators in Louisiana can be a corrupting influence.Tulane's Scholarship Scandal ContinuedTwenty years after the scandal first broke, legislators remain indebted to Tulane for the privilege of handing out valuable scholarships.On Judicial Misconduct and DisciplineA critique by noted judicial activist, Elena Ruth Sassower, on the current status of judicial discipline.Contemporary Judicial DisciplineMisconduct complaints against federal judges are shrouded in secrecy and generally dismissed with little or no explanation or regard to merit.Judicial Immunity"In the American judicial system, few more serious threats to individual liberty can be imagined than a corrupt judge."Democratizing the JudiciaryHow judicial sovereign immunity and unaccountability can thwart citizens from attaining justice (Part 1).How the Judiciary Stole the Right to PetitionHow judicial sovereign immunity and unaccountability can thwart citizens from attaining justice (Part 2).Immunity, Duval Style"The immunity that federal judges have granted themselves also extends to agencies of the federal government."A Legacy of BetrayalHow Tulane engaged in subornation of perjury to obtain false testimony from a witness.Betrayal of Taxpayer SupportTulane opens a branch in nearby Biloxi, Mississippi, to teach "gaming-related courses" despite Biloxi's competition with Louisiana's ailing casino industry.The Louisiana DecisionPart 1: Louisiana legislators are asked to reconsider Tulane's legislative scholarship program and its status as a private institution.Act 43 of 1884Part 2: A reminder to legislators to take a stand on a program that primarily benefits out-of-state students at the expense of public education in Louisiana.
Part 3: A White Paper is sent to Louisiana legislators, media outlets, political organizations, concerned citizens and gubernatorial candidates urging a public debate of Tulane's legislative scholarship program and its status as a private institution.
Part 4: Suggestions are given to a state legislator who questioned where the state would find the financial resources to accomplish a takeover of Tulane University.
Part 5: A state takeover and incorporation into the Louisiana State University System can prevent the collapse of Hurricane Katrina-damaged Tulane University.
The constitutional amendment that established the Tulane University of Louisiana and the legislative scholarship program.Judge Frank B. EllisPart 1: A family history of slave ownership and allegiance to the Confederacy helped shape his views on civil rights issues.Johnson ControlsPart 2: As a politician, he championed construction of the Lake Ponchartrain Causeway, which helped facilitate white flight from New Orleans during school integration.
Part 3: His failure as a bureaucrat in the Kennedy Administration led to his appointment as a federal judge in New Orleans.
Part 4: As a federal judge, Ellis ruled in favor Tulane's right to exclude black students from being admitted to the university.
How an engineering company plans to "rescue" Hurricane Katrina-damaged New Orleans.Saving Public Schools, Tulane StyleWhy Tulane's self-praise over the status of public education in post-Katrina New Orleans is unwarranted.When is a Flood Not a Flood?Thousands of property owners whose facilities were destroyed by the floodwaters that accompanied Katrina had insurance policies with clauses that excluded liability from flood damage, yet Tulane with a similar policy managed to collect.A Tale of Three SchoolsA church school is gutted by the National Guard, FEMA upgrades an exclusive charter school, and a formerly flourishing public school lies abandoned.Teach For America: Not a SolutionVeteran educators cite Teach For America recruits for their lack of training and experience, and imply they contribute to the failure of America's public schools to educate the children of its poorest citizens; Leading experts agree.Robbin' da 'HoodGiving to the rich and taking from the poor is a New Orelans tradition.Letter to Judge Ginger BerriganBernofsky asks Judge Berrigan to recuse herself after learning that she is teaching a Tulane course in Greece during the summer of 2000 for which Tulane paid her $5,500.Should Judge Ginger Berrigan Be Censured?Presiding over Bernofsky's retaliation lawsuit against Tulane while preparing to teach a course in Greece for which she was paid $5,500 by Tulane may make Judge Berrigan a candidate for judicial discipline.Recognition of Judicial ErrorA judge's disclosure of his Tulane University affiliation suggests the recognition of judicial error in Bernofsky's lawsuits, where disclosure was withheld.Case-Fixing RouletteA judge involved in fixing a case for a defendant is called upon to pass judgment on another caught doing the same.Recusal StatutesThe "Codes of Conduct" standard for judges who are adjunct faculty at law schools, and a proposed amendment to 28 U.S.C. § 455.Faculty Judges Should Recuse in University CasesThe Faculty Rights Coalition argues that adjunct professor judges should agree, as a precondition of employment, not to hear cases that involve the institution where they teach.University Board Member Judge Forced to RecuseA judge who was a member of a Vanderbilt University board was forced to recuse herself, and had her orders favoring the university vacated.Squeezing Ambiguity from a Rock of ClaritySplit hairs, parsed words, and misquoted canons are not a legitimate basis for non-recusal. Analysis of Judge Berrigan's Order and Reasons.Guidance from AboveThe recusal of Justice Antonin Scalia from two Tulane cases puts pressure on Judge Berrigan to follow suit. Both were paid by Tulane to teach in Greece.Law School TeachingWhile it is permissible for judges who hold faculty positions at academic institutions to be compensated for their service, they should be prohibited from adjudicating lawsuits in which those institutions are a party.Judicial MisconductA law school dean expresses concern that the conduct of judges is destroying faith, trust, and confidence in the legal system.When Judges Fight Judicial CorruptionThe wife of duly-elected Judge Matthew E. McMillan describes how Judge George K. Brown Jr., the defeated incumbent, conspired with lawyers, politicians, and other judges to unseat her husband and destroy his career.When Attorneys Fight Judicial CorruptionAttorney Roger Weidner recounts his attempt to obtain justice for the rightful beneficiary of an estate that was wrongfully seized by an unscrupulous attorney who had friends in high places.When Citizens Fight Judicial CorruptionAnne Morrow documents in her book, A Case of Injustice, the horrendous events that nearly ruined her life when she turned to the judicial system with a complaint against a well-connected landlord who refused to honor a provision of a lease agreement.Legal Abuse SyndromeThis variant of Post Traumatic Stress Disorder has been traced to protracted, bruising litigation in which the affected party ultimately fails to receive justice because his or her ability to fully present their case in a fair, due-process hearing was denied or blocked by a prejudiced court, untrustworthy lawyers, or both.Round-Robbin' Debt CollectorsEleanor Schiano was surprised to discover that the courts were unwilling to help her redress her grievance against the lawyers who fraudulently seized the money she had raised toFraud on the Courtpay-off her credit card debt and the card issuer who refused to cancel the debt.Karin Huffer outlines eight stages through which unscrupulous attorneys and obliging courts defrauded her family of its business and personal assets and left it desperate, demoralized, and vulnerable to disease.When Activists Fight Judicial CorruptionFor attempting to present her objections to the Senate Judiciary Committee over the confirmation of a judicial appointee, judicial activist Elena Ruth Sassower was arrested, tried, and imprisoned for six months for "disruption of Congress."Citizen Journalists Under AttackCitizen Journalist Crystal L. Cox was sued $2.5 million for defamation after exposing corruption in a bankruptcy case on her blog.Misguided Prosecution of Judge Joan BengeJudge Joan S. Benge was unjustly prosecuted for having received, although not following, advice about a case from a courthouse colleague who, unknown to her, was being investigated for criminal activities for which he later pleaded guilty and was sentenced.Becoming a Judge, Part 1A newspaper editorial describes the corrupt political process by which judges are selected in New York.Becoming a Judge, Part 2An ambitious lawyer, eager to become a judge in the U.S. Court of Appeals for the D.C. Circuit, sought the assistance of a well-connected but criminal lobbyist who was later sent to prison for his crimes.Becoming a Judge, Part 3In New Jersey, most of the judges appointed to the bench had donated thousands of dollars to the senators who decided the fate of their candidacy.Becoming a Judge, Part 4An attorney with political connections had a Mississippi state judge considered for the federal bench after receiving a favorable ruling in a dispute over legal fees.Becoming a Judge, Part 5The failure of Frank B. Ellis as a bureaucrat in the Kennedy Administration led to his appointment as a federal judge in New Orleans.Becoming a Judge, Part 6When former U.S. Senator David Vitter made it clear that he wanted his wife Wendy to be nominated for a federal judgeship, U.S. Senator Bill Cassidy, a friend whom Vitter helped to elect, felt obliged to comply.Learning the Judicial RopesIn Florida, new judges were directed by their established peers to show deference to certain favored litigants and were ostracized when they refused.Judicial Endorsement of Attorneys, Part 1An attorney is disciplined for using a sitting judge's compliments to help solicit business.Judicial Endorsement of Attorneys, Part 2Judge Greg Mathis' paid endorsement of New Orleans attorney Morris Bart in TV commercials.Judicial DisciplineA Florida appellate judge faced harsh discipline for criticizing a fellow judge for having a conflict of interest in a case.Justice as a Staged IllusionAttorney Linda L. Kennedy likens the courtroom to a Star Trek "Holodeck," where nothing is as it appears, and the judges and attorneys are mere images of justice.In the Eye of the Judicial StormAttorney Linda L. Kennedy explains what plaintiffs can expect when they are drawn into the "Litigation Vortex."The Inns and Outs of CourtReceptions, retreats, and exclusive meetings provide opportunities for privileged attorneys to discuss the business of litigation with judges.Summer School for JudgesSummer school for judges at resort locations often turns out to be a day at the beach with taxpayers footing the bill.The Fruits of Judicial Non-AccountabilityPolice officer Richard Lindberg recounts Operation Greylord and Operation Gambat, the 1980s judicial corruption scandals in Chicago's Cook County courts.Justice: An Impossible Dream?Many legal scholars have predicted the current crisis and loss of public confidence in the U.S. judicial system, but few have acted to prevent it.Law Day 2008The American Bar Association opposes an Inspector General for the judiciary despite public support for increased judicial accountability.Summary Judgment AbuseThe misuse of summary judgment threatens the steadily decreasing number of civil suits being tried by U.S. juries.Judicial Dismissal of Jury VerdictsA judge's sympathy for a confessed killer led her to exercise her authority to invalidate the decision of a legally-constituted trial jury that had sentenced him to death.Global Judicial CorruptionCorruption has undermined judicial systems around the world, denying citizens access to justice and the basic human right to a fair and impartial trial, or even a trial at all.Foreclosure FraudWhy the U.S. Department of Justice has been reluctant to prosecute bank officials responsible for the wholesale fraud behind the 2008 mortgage crisis.A Veteran's Lament, Part 1An Air Force veteran defends his support for ballot initiatives to curb judicial immunity and hold judges accountable for illegal conduct.A Veteran's Lament, Part 2Charles Heckman explains how government agencies avoid laws intended to give preference to veterans who seek government employment.A Veteran's Lament, Part 3Arguments by judicial apologists who favor judicial independence are exposed as fallacious by testimony taken from real life experiences with corrupt judges.A Veteran's Lament, Part 4Massive job discrimination to which veterans have been subjected since the Vietnam War guaranteed that some would wind up homeless and die of hunger and exposure in the streets.A Veteran's Lament, Part 5The military's use of secret code numbers on veterans' discharge papers can unfairly prejudice employers against hiring them, and no law exists to prevent the dissemination of false and stigmatizing code numbers or allow veterans to dispute them.Robbing Veterans of Their Future
A passion for justice propeled former Air Force pilot Charles W. Heckman to break through the barriers of discrimination faced by veterans of the Vietnam War.Systematic Discrimination Against Veterans
Job discrimination is largely responsible for the prolonged destitution, illness and premature death of many Vietnam Era veterans whose Seventh Amendment right to a jury has been preempted by self-serving government agencies that have cloaked themselves with sovereign immunity as a shield against accountability.Secrecy is In, Disclosure is OutLarry Bolin explains the private dealings among judges, lawyers, and other involved parties that comprise secret "chambers papers" that are never revealed to the public.Secrecy in CourtsLaw professor Anthony D'Amato argues that courts are almost never justified in withholding information from the public.Secrets in SeattleSealed court records hold secrets of potential dangers in our medicine cabinets and refrigerators; of molesters inEvading Judicial Scrutinyday-care centers, schools and churches; of unethical lawyers, negligent doctors, dangerous dentists; of missteps by local and state agencies; and of misconduct bypublicly-traded companies into which people risk their savings.Joe Stephens describes how judges can hide portions of their annual financial disclosure reports from the public.Judicial Non-DisclosureBy classifying paid hunting excursions and football tickets as "reimbursements" instead of "gifts" on Financial Disclosure Reports, judges are able to conceal the monetary value of those gratuities.Another Conflict of Interest UncoveredIn violation of ethics rules, federal judges remain free to serve on the boards of lobbying groups that host judicial seminars and promote particular points of view on controversial public issues that frequently come before the courts.Judge Above the LawFifth Circuit Judge Frank J. Polozola, involved in an automobile accident while under the influence of OxyContin, ordered the evidence in his case transferred from state court to federal court and sealed.Sex in the ChambersJudge Wade McCree, Jr. had sex in his chambers with the plaintiff in a proceeding, but was immune from being sued by the father of the plaintiff's child.Sexual Harassment in the CourthouseOnce Orleans Parish Juvenile Court Judge David Bell resigned from the bench in the wake of serious complaints of sexual misconduct, all charges against him were dismissed, and he became eligible to collect an annual pension of $65,000.Abuse of Power in the CourthouseComplaints of sexual harassment by judges may bring other forms of judicial abuse to the attention of the public.The Oil-Soaked JudgeFifth Circuit Judge Martin L. C. Feldman, with financial ties to the oil industry, struck down President Obama's six-month moratorium on deepwater drilling following massive oil spills in the Gulf of Mexico.The Finest Judges Money Can BuyThis 1973 book by Charles R. Ashman documents 74 cases of judges whose decisions were bought, whose appointed cronies bled the resources of vulnerable estates, and who engaged in other criminal conduct.Juice & Justice in VegasSome Nevada judges routinely rule in cases that involve their friends, former clients and business associates, and favor lawyers who contribute to their reelection campaigns.The Purloined ElectionHow political appointees in the Department of Justice conspired to unseat and imprison an opposing party state governor.Tilting the ScalesOhio Supreme Court justices routinely sit in cases involving parties who contribute to their election campaigns and generally favor them in judicial decisions.Judges for SaleIncreased spending by special interests to elect judges in state judicial elections has grievously compromised the integrity and impartiality of the nation's courts.How to Bribe a JudgeBy taking out large sums of money in property loans and later paying them back, a judge can conceal the fact that he was enriched from an outside source.Toxic Justice in MississippiA former schoolteacher injured by toxic fumes recounts a long trail of corruption in her quest for justice.Who Judges the Judges?In New York State, an attempt by the legislature to exercise meaningful oversight of the state's judicial system ended with a wimper.Judges Judging JudgesA convicted judge gets his felony conviction reduced to a misdemeanor.Whistleblowing from the GraveJerrold Peterson, a dutiful court employee, committed suicide over the nefarious and illegal tasks that judges assigned to him, and he left notes that blew the whistle on the corrupt Louisiana 5th Circuit Court of Appeal in Gretna.The Judge Who Sued Her ColleaguesA judge who became frustrated with courthouse misconduct at Louisiana's 4th Judicial District in Ouachita Parish was driven to sue her fellow judges in Federal Court."Equal Justice Under Law"A well-connected murderer is sentenced to probation while a petty thief with few resources receives life imprisonment.The Double StandardA judge's wife, guilty of a felony theft, had her conviction reduced to a misdemeanor, her penalty reduced to probation and a trivial fine, and was permitted to continue receiving a government salary as an assemblywoman.Who Killed Sunny Sheu?A Taiwanese immigrant who lost his home to an illegal scam, pressed the judicial system to restore his property but in the end found only death.Who Killed Sunny Sheu? Part IIMany unanswered questions remain about the suspicious death of whistleblower Sunny Sheu.Police State Comes to New OrleansA New Orleans attorney is arrested and brutalized after protesting against a government order to vacate his undamaged home following Hurricane Katrina in 2005.Dishonest Prosecutor Hardly PunishedFor 25 years, Michael Morton languished in prison for a murder he did not commit, while the prosecutor who secured his conviction by concealing exculpatory evidence advanced to a judgeship.Disciplined for Prosecutorial MisconductA Texas prosecutor is merely disbarred for sending Anthony Graves to death row for murders he did not commit.The Exonoree and the ProsecutorPart 1: Glenn Ford released after 30 years on death row at Angola for a murder he did not commit.Prosecutorial Misfeasance and MisconductPart 2: The denial of compensation.
Part 3: The prosecutor admits to wrongdoing and is remorseful.
Baltimore prosecutors wrongly sent Sabein Burgess to jail for 19 years for a murder he did not commit.Deceptive Prosecutors Ruled Immune from AccountabilityPart 1: Prosecutors who wrongfully sent John Thompson to death row receive immunity for their misconduct.Prosecutorial Misconduct ExaminedPart 2: John Thompson reflects on his 18 years in prison, including 14 years on death row, for a murder he did not commit.
Judge Alex Kozinski speaks out on the origins and consequences of prosecutorial misconduct and offers steps that can be taken to reform it.Prosecutorial Misconduct RampantProsecutors who bend or even break the rules to win a conviction almost never face any punishment.Civil Asset Forfeiture and its Abuse by Law EnforcementPart 1: Policing for profit in Iowa.Arrested for "Protected Speech"Part 2: Reforming civil asset forfeiture laws.
Part 3: Defending victims of asset forfeiture abuse.
Part 4: Momentum builds against civil asset forfeiture abuse.
For criticizing probate judges on a CBS Web site, one surprised Californian was visited by a SWAT team and spent two days in jail.Political Prosecution of Dissident AttorneyAshton R. O'Dwyer, Jr. was an outspoken critic of the government's response to Katrina who later became disaffected with the conduct of litigation on behalf of the storm's many victims.The Tenacious WhistleblowerIn an interview by local radio host Jeff Crouere, Ashton R. O'Dwyer, Jr. reveals that secret agreements of the U.S. with State entities insured that victims of Katrina plaintiffs would be unable to recover from state agencies.The Imperial JudiciaryThe Connecticut Supreme Court strikes down a legislative statute designed to regulate court procedure.Judicial PlunderFor ignoring the will of an elderly widow and transferring her property to a lawyer eager to sell it, Connecticut probate judge Bryan F. Meccariello received a mere censure from the Council On Probate Judicial Conduct.More Judicial PlunderFor stealing $1 million from the estate of Lee and Anne Nutting, trusting neighbors he promised to help, California Judge Paul D. Seeman was sentenced to mere probation in lieu of jail time.Guardianships and Elder AbuseRachel Aviv explains in The New Yorker how guardians can sell the assests and control the lives of senior citizens without their consent, and reap a profit from it.Guardians and GuardianshipsA informative primer published by HALT (Help Abolish Legal Tyranny), a legal reform organization that, sadly, was dissolved in 2013.The Forced Guardianship of Norman BakerAn inescapable and unwanted guardianship cost this former firefighter his freedom and his fortune.The Hon. Thomas J. MaloneyHe was one of many corrupt judges exposed and convicted through Operation Greylord, a comprehensive federal investigation of judicial misconduct in Chicago's Cook County courts.Criminal Judicial MisconductFormer New York State Supreme Court Justice Gerald P. Garson faces criminal prosecution for acts stemming from a violation of the Rules of Judicial Conduct.Extorting Convicts for Personal BenefitsAs a condition of probation, convicts were ordered to pay into a Judicial Expense Fund which was used to fund the supplemental health and life insurance benefits of Orleans Parish Criminal District Court judges.Military Style Justice: The New Status Quo?A Virginia attorney shows that some courts are biased and functionally similar to military courts, and she faults the media for failing to report this outrage.The End of JusticeWith the passage of the Patriot Act in 2001 and the National Defense Authorization Act in 2011, Congress has undermined the civil and human rights guaranteed to citizens by the Constitution and Bill of Rights.Erosion of First Amendment RightsThe U.S. Supreme Court ruled in 2006 that public employees no longer have a First Amendment right to free speech, and can be disciplined or fired for bringing the wrongdoing of other public employees to the attention of their superiors.Defending the Right to Free SpeechLouisiana's First Circuit Court of Appeal ruled that a sheriff's search and seizure warrant against a police officer suspected of helping to expose his questionable connection with a business receiving state funds was unconstitutional.Punishing Judicial CriticsRevoking the licence of attorneys who criticize judges is an effective deterrant and a means of safeguarding the immunity that exempts judges from accountabilty for wrongdoing.The Supreme Court's Conflict of InterestU.S. Supreme Court justices can set their own recusal policy and exempt themselves from laws that require recusal in situations where they would have a conflict of interest.Why the Supreme Court Would not Hear Bernofsky's ComplaintU.S. Supreme Court justices are prized for the prestige they bring to colleges and universities, and the establishment of relationships between them appears to confer an advantage in legal proceedings in which sponsoring institutions are a party.Judicial RefugeeDr. Les Sachs, an American writer, sought refuge in Europe following judicial reprisals for speaking out against a politically-connected ally of the Bush Administration.Revolting JudgesPart 1: The Flight to Europe
Part 2: The Crisis of Corruption
Government sponsored training seminars and manuals provide judges with step-by-step methods for depriving pro-se litigants of equal access to the courts.Intimidation of Pro-Se LitigantsAn investigative reporter describes how court officers can intimidate pro-se litigants.The Demise of Justice in the U.S.About 12 judges are removed each year in the U.S. for offensive conduct while hundreds more continue their corrupt practices unabated.A Call for Judicial ReformA discussion of legal scholar Leslie Abramson's views on judicial disqualification, and how they relate to Tulane University.Election versus Appointment of JudgesA study of Louisiana Supreme Court justices shows they tend to favor litigants who contribute to their election campaignLouisiana Supreme Court(Part 1). A study of Louisiana Supreme Court justices shows they tend to favor litigants who contribute to their election campaignVying for Judicial Influence(Part 2). In Louisiana, big oil wants to disqualify a Supreme Court Justice whose election was bankrolled by an organized group of environmentalists and their attorneys now suing the oil companies for damage to the state's waterways and large tracts of land in connection with decades of onshore oil production activity.How to Obtain a Favorable Court RulingA close relationship with the judge will generally secure a favorable ruling, but there is one caveat.Special Justice for Connected PeopleInstead of jail time for attempting to make illegal contributions to two senatorial election campaigns, Arlen "Benny" Cenac received little more than a slap on the wrist from a judge involved with his close personal friends.West Virginia Supreme CourtJustice Brent D. Benjamin, who won his seat in a campaign funded by a litigant, has aroused the attention of judicial advocacy groups by refusing to disqualify himself and ruling in favor of that litigant.Caperton v. Massey Coal Co.The U.S. Supreme Court will determine whether a justice should be required to disqualify himself when a major financial contributor to his election campaign subsequently comes before him as a litigant.Non-Impeachment of Judge Walter SmithBy retiring from the bench before being investigated for impeachable offenses involving sexual advances against female employees, Judge Walter S. Smith, Jr. escaped accountability and instead was rewarded with a lifetime annuity.Impeachment of Judge Thomas PorteousFifth Circuit Judge G. Thomas Porteous is facing impeachment in 2009 for receiving money and gifts from attorneys who came before him, filing false statements in his personal bankruptcy case, and engaging in fraudulent and deceptive conduct concerning his debts and gambling losses.Impeachment of Judge Robert CollinsFifth Circuit Judge Robert F. Collins faced impeachment in 1993 after he was convicted and sent to prison for accepting money from aImpeachment of Judge Samuel Kenttwice-convicted drug dealer who was attempting to obtain a lighter sentence for his crimes.Part I Fifth Circuit Judge Samuel B. Kent faced impeachment in 2009 for obstruction of justice in connection with sex crimes against two of his female employees, for which he was sentenced to federal prison for 33 months.Impeachment of Judge Walter NixonPart II With an impending trial by the U.S. Senate, impeached Judge Samuel B. Kent submits a letter of resignation effective immediately.
Fifth Circuit Judge Walter L. Nixon was impeached in 1989 for lying to a Grand Jury about using his influence to have drug charges dropped against the son of his business partner.Impeachment of Judge Helen "Ginger" BerriganDraft articles of impeachment that justify congressional discipline of Judge Helen "Ginger" Berrigan for high crimes and misdemeanors in connection with her adjudication of cases from 1995 to 2001 in which Dr. Carl Bernofsky was Plaintiff and Tulane University the Defendant.Impeachment Despite Judicial RetirementIn 2015, the U.S. Judicial Conference indicated a willingness to take a hard line approach toward judicial misconduct, even against judges who have left the bench.Fixing the JudiciaryRecommendations to improve accountability through an inspector general and special grand juries, to assure impartiality with more specific legislation, and to increase public interest in judicial elections through an independent, non-partisan agency.Qualified ImmunityThe judicial doctrine of qualified immunity, which nullifies the accountability of police officers and other representatives of governmental agencies and instrumentalities, may at last be receiving scrutiny by the U.S. Supreme Court.Fixing the Judiciary - Another PerspectiveAlternative recommendations to improve accountability, assure impartiality, and increase public confidence in the integrity of the judicial process.Congressional Attempts to Fix the JudiciaryPart 1: In 2017, Senator Chuck Grassley tries once again to create an inspector general to oversee the judiciary.Honest Services FraudPart 2: In 2019, Senator Elizabeth Warren pledges to restore trust in the federal judiciary if she is elected president in 2020.
Since 1988, an increasing number of government officials, including judges, have been indicted for depriving citizens of the right to their honest services.Letter to CongressA request to senators of the 107th U.S. Congress for judicial reform."There Ought to be a Law. . ."Letter to the House Judiciary Committee for an amendment that would prevent partisan judges from violating plaintiffs' due process rights to impartial tribunals.Help Balance the Scales of Justice!Send an e-mail to the Senate Judiciary Committee requesting an amendment to existing recusal statutes.Abridging the Right to PetitionA petition to amend the recusal law was forced offline after being submitted to a judicial committee investigating how complaints against judges were handled.Exercising the Right to PetitionSee Tulanelink's petitions to members of the U.S. House and Senate judiciary committees.Members of the House Committee on the JudiciaryNames and addresses of members of the U.S. House Committee on the Judiciary.Members of the Senate Committee on the JudiciaryNames and addresses of members of the U.S. Senate Committee on the Judiciary.Schwarz v. TulaneHow four judges with ties to Tulane ruled against a faculty member who brought charges of discrimination against the University.Hartz v. TulaneHow an acclaimed Tulane professor's pursuit of justice for injury to her career became time-barred.Karcioglu v. TulaneA tenured professor, fired after Hurricane Katrina, settles after disputing Tulane's claims of "financial exigency."Patient BewareA 2014 survey by Consumer Reports ranks Tulane Medical Center as one of the unsafest hospitals in the country.A Legacy of DiscriminationThe Federal Fifth Circuit has ruled that Tulane is free to discriminate because it is a "private individual" to whom "the Fourteenth Amendment does not apply."Confederate HeritageFounded in 1884 by Confederates seeking to escape desegregation, Tulane remains mired in arrogance, intolerance, and hypocracy.The Case for ReparationsThe descendants of slaves held by Tulane's founders should be offered the educational opportunities their predecessors were denied when the doors of the University of Louisiana were closed to them in 1884.Leland UniversityCharted in 1870 primarily to serve black students, Leland was pressured by fiscal and political forces to abandon its St. Charles Ave. campus in Uptown New Orleans and relocate to a remote, pastoral setting in Louisiana, where it declined and closed in 1960.Confederate MuseumTulane conspired with UNO Foundation to close the Confederate Museum, but it was rescued by Governor Mike Foster.Controlling BehaviorHow secret mind-control experiments, funded by the military and the CIA, were conducted on black patients and prisoners by Tulane's Department of Psychiatry and Neurology.U.S. Government-Sponsored Mind Control ExperimentsPart A: Interview with Valerie B. Wolf, March 15, 1995.A Word of Advice to ProfessorsPart B: Testimony of Valerie B. Wolf, March 15, 1995.
Part C: Tulane's early involvement in mind control.
What aggrieved faculty should consider when filing a lawsuit against a university.Tenure, Tulane StyleHow Hurricane Katrina led to the largest de-tenuring in the history of American higher education.Employment Discrimination in LouisianaA 1999 state law gives Tulane immunity from claims of employment discrimination.Faculty Rights CoalitionPart A: Lawsuit to secure first amendment rights for adjunct faculty at U. of Houston.Interviews with Dr. BernofskyPart B: Summary judgment in favor of U. of Houston (PDF).
Audio Clip 1: The Justice Hour, June 26, 2006.The Struggle Against Judicial ImproprietyAudio Clip 2: Late Night with D'Anne, July 29, 2006.
Video: Citizens' Forum on Judicial Accountability, May 15, 2008.
Judicial Accountability Ballot Initiatives
Selected documents from Civil Action No. 95-0358, submitted to the U.S. District Court for the Eastern District of Louisiana,
the Hon. Ginger Berrigan, Judge, Presiding
- Initial Complaint
- Lawsuit Against Tulane University for Discriminatory Discharge.
Jan. 31, 1995.
- Second Amended Complaint
- Nov. 21, 1995.
- Plaintiff's Response to Defendant's Pretrial Memorandum
- July 8, 1996.
- Supplemental Memorandum in Opposition to Defendant's Motion for Summary Judgment
- July 8, 1996.
- Pre-trial Order
- Prepared in expectation of a trial.
- Aug. 30, 1996.
- Order and Reasons
- Judge's rationale for denying a trial and awarding favorable judgment to Tulane.
- Apr. 15, 1997.
Selected documents from Case No. 97-30575, submitted to the U.S. Court of Appeals for the Fifth Circuit
- Original Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Aug. 4, 1997.
- Record Excerpts on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Aug. 4, 1997.
- Reply Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Sept. 22, 1997.
- Judgment of Appellate Court
- Affirmation of lower court's decision to award favorable judgment to Tulane.
- Jan. 8, 1998.
- Supplemental Brief on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Jan. 9, 1998.
- Petition for Rehearing on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Jan. 22, 1998.
Brief from Case No. 97-1844, submitted to the U.S. Supreme Court (October Term, 1998)
- Petition for Writ of Certiorari
- May 6, 1998.
Selected documents from Civil Action No. 98-1577 in
U.S. District Court for the Eastern District of Louisiana
- Initial Complaint
- Lawsuit against TIAA (Teachers Insurance and Annuity Association) and Tulane University for denial of disability benefits. Filed as Case No.
98-6317 in Civil District Court for the Parish of Orleans, State of Louisiana and subsequently removed by Tulane to Federal District Court, the Hon. Ginger Berrigan, Judge, presiding.
(See document PDF)
April 8, 1998.
- Memorandum in Support of Motion to Remand
(See document PDF)
June 9, 1998
- Reply Memorandum in Support of Motion to Remand
(See document (PDF)
June 29, 1998
- Order and Reasons
- Judge Berrigan's rationale for refusing to remand case back to Civil District Court and for denying a trial by jury.
July 20, 1998
- Motion to Dismiss Disability Benefits Claim
(See document PDF)
July 24, 1998
- Final Outcome of Case
- Argument for Preexisting Disease
Selected documents from Civil Action No. 98-1792 ("Retaliation") combined with 98-2102 ("Defamation"), submitted to the U.S. District Court for the Eastern District of Louisiana, the Hon. Ginger Berrigan, Judge, Presiding
- Initial Complaint
- Lawsuit against Tulane University for retaliation, 98-CV-1792.
June 18, 1998.
- Initial Complaint
- Lawsuit against Tulane University for defamation.
Filed Nov. 25, 1997 as Case No. 97-20805 in Civil District Court for the Parish of Orleans, State of Louisiana and subsequently removed by Tulane to Federal District Court as98-CV-2102 .
July 17, 1998.
- Order
- Consolidation of cases 98-CV-1792 and 98-CV-2102.
Aug. 18, 1998.
- Minute Entry
- Motion to recuse Judge Berrigan.
Oct. 15, 1998.
- First Amended Complaint
- Combined lawsuit against Tulane University for retaliation and defamation.
Nov. 9, 1998.
- Minute Entry
- Judge Berrigan's denial of motion for her recusal.
Nov. 23, 1998.
- Motion
- Motion of attorneys to withdraw from case.
Jan. 28, 1999.
- Minute Entry
- Judge Berrigan's acceptance of attorneys' withdrawal
Feb. 8, 1999.
- Retaliation and Defamation, Tulane Style
- Documented actions supporting Bernofsky's claim of retaliation and defamation by Tulane University.
- Tulane's Letter of Recommendation
- A malicious attempt to subvert Bernofsky's future employment.
- Pre-Trial Order
- Prepared in expectation of a trial, with new counsel, Jan. 18, 2000.
- Jan. 4, 2000.
- Order and Reasons
- Judge's rationale for denying a trial and awarding favorable judgment to Tulane.
- Apr. 18, 2000.
- Motion for Reconsideration
- A request for Judge Berrigan to recuse herself, and/or amend her judgment, and/or permit a trial on the merits.
May 2, 2000.
- Motion for Reconsideration (Reply)
- A further affirmation of arguments in favor of Judge Berrigan's recusal.
May 18, 2000.
- Order and Reasons
- Judge's rationale for refusing to recuse herself and denying plaintiff's motion for reconsideration.
- May 31, 2000.
Selected documents from Case No. 00-30704, submitted to the U.S. Court of Appeals for the Fifth Circuit
- Appeal to the U.S. Fifth Circuit Court of Appeals
- Original Brief. Appeals Bernofsky's retaliation and defamation lawsuit against Tulane and claims of Judge Berrigan's abuse of judicial discretion.
Sept. 6, 2000.
- Record Excerpts on Behalf of Dr. Carl Bernofsky, Plaintiff-Appellant
- Sept. 6, 2000.
- Appeal to the U.S. Fifth Circuit Court of Appeals
- Reply Brief. Replies to Tulane's Brief in Bernofsky's appeal of his retaliation and defamation lawsuit against Tulane and claims of Judge Berrigan's abuse of judicial discretion.
Dec. 7, 2000.
- Ethical Conduct Complaint against Tulane's Attorney, G. Phillip Shuler
- Complaint filed with Louisiana Attorney Disciplinary Board, claiming willful falsification of facts to a panel of appellate court judges. (Board's response of Feb. 5, 2001 appended.)
Jan. 23, 2001.
- Appellate court affirms lower court's decision against recusal.
- However, Chief Judge Carolyn King dissents.
Apr. 10, 2001.
- Petition to the U.S. Fifth Circuit Court of Appeals.
- Request for a rehearing en banc, based, in part, on Chief Judge King's dissent and Justice Scalia's recusal in other Tulane cases.
Apr. 24, 2001.
Briefs from Case No. 01-249, submitted to the U.S. Supreme Court (October Term, 2001)
- Petition for Writ of Certiorari
- Aug. 9, 2001.
- Reply to Tulane's Brief in Opposition to Writ of Certiorari
- Oct. 19, 2001.
Complaint of Judicial Misconduct, submitted to the U.S. Court of Appeals for the Fifth Circuit (Docket No. 99-05-372-0118)
- Complaint of Judicial Misconduct
- Feb. 11, 1999.
- Chief Judge's Order Dismissing Complaint
- Mar. 1, 1999.
- Appeal of Judge's Order Dismissing Complaint
- Mar. 12, 1999.
- Appellate Review Affirming Dismissal of Complaint
- Apr. 26, 1999.
Petition for Writ of Mandamus to recuse Judge Ginger Berrigan, submitted to the Fifth Circuit Court of Appeals
and the U.S. Supreme Court(Fifth Circuit Docket No. 99-30614; Supreme Court Docket No. 99-372)
- Fifth Circuit Petition for Writ of Mandamus
- June 14, 1999.
- Judge's Response to Petition
- June 21, 1999.
- Reply to Judge's Response
- June 24, 1999.
- U.S. Supreme Court Petition for Writ of Mandamus
(See document PDF)- August 30, 1999.
- Petitioner's Reply to Respondent's Brief in Opposition
(See document PDF)- October 8, 1999.
Petitions to Congress to make it illegal for judges who are faculty members of academic institutions
from adjudicating lawsuits in which those institutions are a party(See: The Right to Petition)
- Letter to Justice Stephen G. Breyer
- July 8, 2004.
- Petition to House and Senate Judiciary Committees
- April 28, 2006.
- Petition to House and Senate Judiciary Committees
- March 8, 2007.
- Petition to House and Senate Judiciary Committees
- June 30, 2008.
- Petition to House and Senate Judiciary Committees
- June 3, 2016.
Documents Justifying an Investigation of Judge Berrigan for Criminal Abuse of Authority
- See: "Case Update," which covers the period of October, 1998 to March, 2004 and includes links to documents ranging from the original motion to recuse Judge Berrigan, the complaint of judicial misconduct, and petitions for writs of mandamus and certiorari, both to the Fifth Circuit Court of Appeals and the U.S. Supreme Court.
- See: "Tulanelink Video," which covers court filings for the period of June, 2016 to the present and includes the 2017 petition for writ of mandamus to the U.S. Supreme Court.
- See also: "Pursuing an Indictment for Criminal Judicial Misconduct."
Documents Relating to Bernofsky's Qualifications
Curriculum VitaeBernofsky's background, publications, and grant funding as of June 30, 1995.TestimonialsWhat scientific experts, the former chairman, the former dean, and reviewers for the Louisiana State Board of Regents said about Bernofsky.FinancesBernofsky's grant income made him a financial asset to Tulane University.Air Force GrantTulane's announcement of Bernofsky's new Air Force grant.
Background and Documents Relating to the Jewish Question
Schwarz v. TulaneLetters to the Editor, published in a New Orleans area newspaper, demonstrating how four judges with ties to Tulane ruled against a Jewish faculty member who brought charges of discrimination against the University.About BernofskyOverview of circumstances surrounding discriminatory discharge of Jewish professor by Tulane University.Tulane and the Jewish QuestionExcerpt from correspondence that examines contradictions within the Tulane community.Damage Control, Tulane StyleSince being accused of anti-Semitism in 1995, the Tulane administration has taken some extraordinary measures to improve its public image.
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