Ellis County Observer publisher Joey Dauben finally gets a court-appointed attorney

Joey Dauben

Joey Dauben, the publisher of the now-defunct Ellis County Observer, finally got to see a court-appointed lawyer this week to help him fight the three felony counts of child sexual abuse that have kept him in the Navarro County Jail without legal advice for almost two months now.

Edward Jendrzey, whose office is in Waxahachie in Ellis County, received the court-ordered appointment Thursday, Feb. 16. Jendrzey accepted the case after Steve Keathley, a Corsicana attorney whose wife is the president of the Navarro County Bar Association, declined an appointment by District Court Judge James Lagomarsino to represent the journalist.

In a telephone interview today, Jendrzey said, “Yes, he knows I’m representing him,” when asked whether he had met with his new client, who reached out for help from the media this week in a handwritten letter from jail. When a defendant declares himself to be indigent and asks for a court-appointed attorney, that is supposed to occur within 72 hours. In the letter, Dauben also again claimed he is innocent of the charges.

Jendrzey said his first step in Dauben’s representation will be to conduct an independent investigation of the case to learn the circumstances and to attempt to get Dauben’s $200,000 bond set by Lagomarsino lowered. “I’ll be meeting with the prosecutor about that,” Jendrzey said. Dauben’s family and friends have been unable to raise the 10 percent (or $20,000) payment bond agencies typically charge to get a defendant released from jail.

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Live stream: MD Senate Judicial Hearing #marryland #lgbt #sb116




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Iowa Gov. on Judicial Oustings: No Comment

Incoming governor Terry Branstad said he’s “got enough on [his] plate” and won’t worry about state legislators’ efforts to impeach more state supreme
court justices for ruling in favor of marriage equality.
Advocate.com: Daily News

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VIRGINIA: Judicial Activist Rules Parts Of Health Care Reform Unconstitutional

A Virginia federal district court judge appointed by Dubya has ruled that parts of President Obama’s health care reform plan are unconstitutional. The lawsuit was brought by Virginia Attorney General Ken Cuccinelli.

In a 42-page opinion issued in Richmond, Va., Judge Hudson wrote that the law’s central requirement that most Americans obtain health insurance exceeds the regulatory authority granted to Congress under the Commerce Clause of the Constitution. The insurance mandate is central to the law’s mission of covering more than 30 million uninsured because insurers argue that only by requiring healthy people to have policies can they afford to treat those with expensive chronic conditions. The judge wrote that his survey of case law “yielded no reported decisions from any federal appellate courts extending the Commerce Clause or General Welfare Clause to encompass regulation of a person’s decision not to purchase a product, not withstanding its effect on interstate commerce or role in a global regulatory scheme.”

Two other district court judges have previously upheld the law and some expect the issue to reach the Supreme Court before the end of Obama’s term. Dozens of similar lawsuits are still working their way through the system.

RELATED: As in the case with the judicial overturn of DADT, the Obama administration has the option of appealing this ruling.

Joe. My. God.

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Prop 8 backers now free to insert names into pre-written ‘—, —, & — are judicial activists’ press releases

Screen Shot 2010-11-29 At 3.04.38 PmThe Ninth Circuit panel that will hear the Prop 8 appeal (December 6 at 10:00 a.m Pacific time) will consist of Stephen Reinhardt, Michael D. Hawkins, and N. Randy Smith, per an announcement this morning. And not surprisingly, social conservatives are already starting to worry/spin the “judicial activist” meme.

This from Ed Whelan:

Reinhardt (appointed by President Carter in 1980) may well be the most aggressive liberal judicial activist in the nation—and the most reversed judge in history. Hawkins, a 1994 Clinton appointee, is also regularly on the Left on the Ninth Circuit. Smith, who was appointed by President George W. Bush in 2007, is much more of a judicial conservative.

With two hard-core liberals, the panel is a fairly typical Ninth Circuit draw—which is to say, a bad one for supporters of Prop 8.

ED WHELAN: Bad Ninth Circuit Panel for Prop 8 Appeal [NRO]

Of course the truly bad draw for supporters of Prop 8: Supporting Prop 8 at all! Every other “win” or “loss” is but a contrivance.




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Transgender Candidate Wins Judicial Race

VICTORIA KOLAKOWSKI | ADVOCATE.COMVictoria Kolakowski of Oakland, Calif., becomes the first openly
transgender judge in U.S. history after a tight race for a superior
court vacancy in the East Bay’s Alameda County.
Advocate.com: Daily News

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Hey Iowa: Smash pumpkins, not judicial fairness

Over the weekend, the so-called Iowa For Freedom coalition posted this subliminal message regarding the state’s upcoming judicial retention vote:

Pumpkins

[SOURCE]

Fortunately, those who don’t think judges and the independent judiciary in general should be subjected to a vindictive vote based solely on (largely faith-motivated) hostility for same-sex marriage know that it’s the day after Halloween that historically determines a pumpkin’s ultimate fate:

Smashed

Use your gourds, Iowa citizens: Vote fairly.

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*SEE ALSO: Our complete Iowa For Freedom Archive




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Bigot Pat Buchanan: ‘judicial tyranny’ on Prop 8 a ‘perversion’ of the Constitution

Fortunately, I haven’t seen Pat Buchanan on the air talking about Prop 8 recently, but this article gives every bit of the insight of this man’s view that civil rights should be up for a vote and Judge Walker is part of the judicial tyranny destroying American society.

Walker declared Proposition 8, by which 5.5 million Californians voted to prohibit state recognition of gay marriage, null and void. What the people of California voted for is irrelevant, said Walker; you cannot vote to take away constitutional rights.

If the Walker decision is upheld by the Ninth Circuit and Supreme Court, homosexual marriage will be imposed on a nation where, in 31 out of 31 state referenda, the people have rejected it as an absurdity.

This is not just judicial activism. This is judicial tyranny.

This is a perversion of what the authors of the Constitution wrote and what the states approved. Through such anti-democratic means, the left has imposed a social and moral revolution on America with only the feeblest of protests from the people or their elected leaders.

…Walker says the only motivations behind Proposition 8 had been “biases” and “moral disapproval,” and “moral disapproval … has never been a rational basis for legislation.”

But what else is the basis for laws against polygamy and incest? What else was the basis for the Mann Act, which prevented a man from taking his girlfriend across the state line to a motel?

What is the basis for prohibiting prostitution, a free exchange of money for sexual favors, if not “moral disapproval”?

What the judge is saying with this opinion is that the majority cannot define morality, and, even if it does, it cannot impose it. We are defenseless against what we believe to be moral decadence.

But not even a judge can change the meaning of words. In every language known to man, marriage is defined as a union of a man and a woman. Same-sex marriage is an oxymoron, a contradiction in terms.

Walker may call such pairings marriages, but that does not make it so. As Lincoln said, “How many legs does a dog have if you call the tail a leg? Four. Calling a tail a leg doesn’t make it a leg.”

Oh god, it goes on and on…special bonus points for referencing the Declaration of Independence and what Thomas Jefferson thought about homosexuality. Is this a prescription, Pat?

The author of that declaration, Thomas Jefferson, equated homosexual acts with rape and wrote that male homosexuals (they used the term sodomites in that time) should be castrated and lesbians should have a hole cut into their noses.

Also see:
* Pat Buchanan’s latest bigot eruption: ‘Losing White America’
* Uncle Pat on MSNBC: America is “a country built basically by white folks”
* Why does Nazi apologist Pat Buchanan still have a job at MSNBC?
* Pat Buchanan explains White Resentment
* MSNBC’s Pat Buchanan: Powell Endorsement Of Obama Due To Race
* Exhibit A: Pat Buchanan – why we desperately need to discuss race  
Pam’s House Blend – Front Page

—  John Wright

Washington Supreme Court bans Gary Randall’s judicial pick from the bench

It is Primary season in Washington state, which means the retired homophobic televangelist “of questionable ethicsGary Randall is again endorsing judicial candidates for his neighboring state of Washington.  No surprise he’s endorsed the two-fer pack of homophobes for the Supreme Court; he has a habit of identifying the dregs and foisting them on too-trusting Washingtonians.  

Gary Randall’s judicial recommendation: Convicted felon Michael Hecht

Take for example one Michael Hecht, Randall’s 2008 judicial recommendation for Pierce County (WA) Superior Court.  Of Judge Hecht the Washington State Commission on Judicial Conduct recently said he brought “great dishonor” to the state courts.  Then they censured him and recommended to the Supreme Court that he be barred from ever serving as a judge in Washington again.  It is a severe penalty, but after all Hecht was found guilty of felony harassment and patronizing a prostitute.

A Pierce County jury found him guilty of threatening to kill a man who claimed he sold sex to Hecht and of buying sex from another young man.

Just the kind of judge you’re likely to end up with if you vote for candidates recommended by a preacher from another state.

In an uncanny happenstance of timing, the Washington State Supreme Court has just announced that they have permanently barred Hecht from the bench.  It’s almost as if the Lord were trying to send Randall a message.  Can you hear the clarion call, Pastor Randall?  ”And why recommend thou the felonious scum to thy brother’s court, but considerest not the same for thine own court?”

I can’t wait to see who else Randall endorses this election.  But I do hope we’re in for a less disturbing disappointment this year.  Maybe a stealth graffiti artist or doorknob thief.  Please Pastor Randall, no more bilious homophobes or murderous felons.  It makes us doubt your direct line to God.

Related:

* Judicial Commission censures Gary Randall’s Pierce County judicial pick

* Gary Randall’s judicial pick convicted of felony

* Oregonian Gary Randall’s History of Manipulating Washington State Voters
Pam’s House Blend – Front Page

—  John Wright