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The Truth and Nothing But the Truth...
So Help Me, God
Non-lawyers beware: the below language is simply to convey that the Disciplinary Counsel did not follow it's own rules when it brought charges against Judge Squire. If the Disciplinary Counsel had followed the rules, the charges would have been dismissed.
THE PREAMBLE TO THE CODE OF JUDICIAL CONDUCT WARNS THAT THE CODE (which sets forth the Canons former Judge Squire allegedly violated) "IS TO BE CONSTRUED SO AS NOT TO IMPINGE ON THE ESSENTIAL INDEPENDENCE OF JUDGES IN MAKING JUDICIAL DECISIONS.... FURTHERMORE, THE PURPOSE OF THE CODE WOULD BE SUBVERTED IF THE CODE WERE INVOKED BY LAWYERS FOR MERE TACTICAL ADVANTAGE IN A PROCEEDING."
(In the four cases the subject of Squire's suspension, the record clearly establishes that several attorneys, including Judges Dana Preisse and Jim Mason, impinged on the essential independence of Squire and that the Code was invoked by lawyers for mere tactical advantage; thus, the purpose of the Code was subverted by First Assistant Disciplinary Counsel Lori Brown during the processing of the four cases which form the basis of the Formal Complaint against Squire.
THE LAST PARAGRAPH OF THE PREAMBLE READS:
"THE TEXT OF THE CANONS AND DIVISIONS IS INTENDED TO GOVERN CONDUCT OF JUDGES AND TO BE BINDING UPON THEM. IT IS NOT INTENDED, HOWEVER THAT EVERY TRANSGRESSION WILL RESULT IN DISCIPLINARY ACTION. WHETHER DISCIPLINARY ACTION IS APPROPRIATE, AND THE DEGREE OF DISCIPLINE TO BE IMPOSED, SHOULD BE DETERMINED THROUGH A REASONABLE AND REASONED APPLICATION OF THE TEXT AND SHOULD DEPEND ON SUCH FACTORS AS THE SERIOUSNESS OF THE TRANSGRESSION, WHETHER THERE IS A PATTERN OF IMPROPER ACTIVITY AND THE EFFECT OF THE IMPROPER ACTIVITY ON OTHERS OR ON THE JUDICIAL SYSTEM AND FOR THE PROTECTION OF THE PUBLIC."
The record in the Squire case makes clear that there was not due consideration given to the above stated final paragraph of the preamble to the Code of Judicial Conduct during the processing of the grievances against former Judge Squire.
The EVIDENCE speaks for itself.
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