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I'd like to chime in on the 8th Circuit (which borders the 5th Cir at Texarkana ) and general uselessness of the laws in place---because no one enforces them---with respect to judicial accountability and vetting of candidates.
It's been six years, so I can't give specific citations, but here's what happened:
In early 2003 I attended a seminar on the law. In the course of the day, the presenter informed us that there were two brothers sitting on the 8th Circuit Court of Appeals in direct violation of federal law. I learned that the 8th Circuit panel did indeed have on it Richard Sheppard Arnold and Morris Sheppard Arnold, both born in Texarkana . Richard was appointed by Carter and Morris by GHW Bush (41).
It just so happens that my congressional district is "served" by one totally useless turd named Howard Berman, who just happens to warm a seat (currently the Vice Chair) on the House Judiciary Committee. What better person to ask how federal judges are vetted for legibility and how this could happen?
I wrote a letter dated April, 2003. This was a polite request to Berman asking basically how judges are vetted and stating that my curiosity was piqued by my discovery of the two brothers sitting on the 8th Circuit bench. I cited the specific federal statute forbidding consanguinity on a federal bench.
It is now six years later, and I haven't even received the customary form letter that "our office is looking into it" or "our office referred it to the appropriate department"! Of course, Howard Berman has his own conflict-of- interest issues. After the census of 2000, in preparation for the constitutionally mandated redistricting that follows, Berman managed to get an appointment for one Michael Berman --- his brother --- to the commission that draws the district boundary lines.
As of result of Berman's nepotism, his district is so safe the Republicans couldn't even find one candidate to run against Berman in the 2008 primary. Unless some drastic changes are made after the 2010 census, we'll be stuck with this useless piece of crud until he dies in office.
As for the 8th CA, that problem was solved in 2004 when Richard Arnold died - as reported in the LA Daily Journal of the day. His brother, however, is still a senior circuit judge on the 8th Circuit bench.
If this is typical of the way judges (and candidates --- right up to the White House) are vetted for eligibility, then it is clear that those tasked to do so are not doing their jobs. And if virtually anonymous clerks are allowed to dispose of cases, particularly impeachment cases, then any hope for accountability is lost . . . .
Unless we can anger enough people that we can overcome an equal level of corruption in vote counting and pass some measure that puts accountability back into the hands of the people, such as JAIL4Judges!
Susan Kennedy
