C4C MSPB WALL OF SHAME: AJ DANIEL M. TURBITT
The Coalition For Change, Inc. (C4C) video highlights two cases in which MSPB's AJ Daniel M.Turbitt has been negatively cited.
In the case of Pitchford vs.Turbitt, the AJ is alleged to have "fallen asleep" on the job.
According to court filings: "Because of the Judge Turbitt inattentiveness during the hearing, a number of factual misstatements pertaining to the testimony of several witnesses, including the Plaintiff, were listed in his ruling and this has a direct impact on his decision
Court Description:
ORDER denying 40 Plaintiff's Motion to Vacate Order; denying 41 Plaintiff's Motion for Evidentiary Hearing. Signed by Judge G. Thomas Eisele on 9/8/2010. (jct)
September 8, 2010
FREDERICK L. PITCHFORD PLAINTIFF
v.
DANIEL MADDEN TURBITT, UNITED STATES MERIT SYSTEMS PROTECTION BOARD ADMINISTRATIVE JUDGE DEFENDANTS
The opinion of the court was delivered by: Garnett Thomas Eisele United States District Judge
ORDER
Before the Court is a second Petition to Vacate Order filed by Plaintiff Frederick L. Pitchford, pro se.*fn1 Pitchford has also requested an evidentiary hearing. Defendant Daniel Madden Turbitt has filed responses to both motions.
Pitchford requests that this Court vacate an Order entered December 31, 2002, by Defendant Turbitt in his role as an Administrative Law Judge. For the reasons well stated in Defendant's response, Fed. R. Civ. P. 60 provides no authority to vacate Judge Turbitt's Order. The Court further concludes that Pitchford's motion, filed almost 8 years following Judge Turbitt's decision, is untimely and completely without merit.
IT IS THEREFORE ORDERED THAT Plaintiff's Motion to Vacate Order (Docket No. 40) and Motion for Evidentiary Hearing (Docket No. 41) be, and they are hereby, DENIED.
IT IS SO ORDERED this 8th day of September, 2010.
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Today is
What happens when a "Judge" falls asleep during a trial?
Judge: a high-ranking court officer, formerly a lawyer, who supervises court trials, instructs juries, and pronounces sentence
In ones life time, one hope, is to never find ones self before the court of law, being subjected to a system that sees not, the individual or the individual's life story, as a singular representation of the individual's content of his/her character.
The Courts are a system of unending confusion, with many swinging doors of conflict of interest between those that have, and those that have not.
Yet, the Judge, the one individual in the entire judicial system that is held higher than all of those that participate in the legal system, and it is the Judge that is the only entity within the entire judicial system that truly has control..., it's the Judge that is charged with refereeing the rules of law, and it's presentation by lawyers, to the extent that a Judge, ensure that rules are followed to ensure that neither side, are allowed any inkling of an advantage over the other.
Today, we have an opportunity to observe Judges on t. v. programs, such as Judge Mathis, and others, however, don't under estimate these shows as being pure entertainment, because, as a citizen that does not practice the law as most attorneys do, by watching these shows, you will learn the value of a judge, the significant's of a judge, and how his/her temperament sets the controlling behaviors in any and all cases that comes before him/her.
Imagine, Judge Mathis, or Judge Judy falling asleep during a trial
As American Citizens, we place our trust in the court systems, and when we find ourselves, standing in front of a Judge, for any reason at all, we "expect" the Judge to provide the epitome of professionalism, attention to detail, and blind aggression when applying the rules associated with any trail that comes before his/her court.
Each and every citizen that stands before a Judge, irregardless of the degree of complication associated with the case itself, mandates that the Judge is 100% in control of how the information presented by both sides, is done so, based on all the Judges authority of being the rules overseer.
The Effect of a inattentive referee
Similar to any sporting event, the referee enforces the rules, and any referee, that fails in his/her responsibilities, then one team can capitalize on the referees lack of attentiveness, thus, thereby, providing a window of opportunity for one team to take advantage of the referee's flaws, causing the game to concluded with the team that took advantage of a referee's loss of focus.
In this instance, Administrative Judge Danial Madden Turbit, fell asleep during the trail itself, allowing rules to be broken, and as a result of Judge Turbit's falling asleep, significant ramifications cause the direct results of this trial, and those results directly affected the lives of all plaintiffs.
What rights does either side have if a Judge goes to sleep?
Huge, is the responsibility of a Judge, and his/her ability to referee a trial, directly effects the results of a trial, which directly effects, not only the plantiff's/defendants' entire family, but, all the individuals that the plaintiff/defendant associate with.
When the results of a trial is read, if the Judge fell asleep during the trail, the side that was negatively affect by a sleeping Judge, can cause lives untold amount of psychological and emotional damage.
If a Judge falls asleep during a trial, not only should the judge be admonished, the entire trial ought to be re-tried at the expense of the state.
A Judge that falls asleep during any trial of any kind, really should be removed from the position of Judging, because he/she have negatively affected the lives of a huge number of people, and to do so, provides the evidence required to dismiss a sitting Judge.
Lives are negatively effect when a Judge falls asleep.
In My Opinion
ASKFMB
8/4/2012
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