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To: Next_Time_NJ

Does Florida law permit a judge to toss a governor in jail for disagreeing with a judicial opinion and acting against it? If so, it's the only state in the union that allows it.

The process in every state I know would suggest a trial by impeachment before the legislature if there are serious breaches of law involved.

The matter being debated before the legislature would be twofold:
1) Is the executive co-equal to the judiciary?
2) Has an action taken by the executive in some way violated a law?

If the legislature determines the executive is co-equal to the judiciary, no law has been broken. Thus, there are no grounds for arrest.

The next matter to be debated is who makes the better argument on a law's constitutionality - the executive or the judiciary?

From that the legislature can determine whether it will accept the executive or judicial branchs' interpretation.


If the legislature decided the executive committed some serious breach of law, the legislature could vote to impeach. On the other hand, if the legislature determined the judiciary had committed some gross violation, the judges would be impeached.

This, I believe, places the matter of which branch is supreme in a constitutional question where it belongs - the legislature, the elected house of the people. (Thomas Jefferson says so.:-)


158 posted on 03/29/2005 4:25:00 PM PST by sergeantdave (Smart growth is Marxist insects agitating for a collective hive.)
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To: sergeantdave

Well not even considering the guardianship statutes which Judge Greer allowed to be broken.

Fl Statute 38.10 provides that a judge recuse himself if requested by one of the parties in a proceeding.

Greer has ignored that one 5 times now.

Judge Greer admitted he made an error when considering the statement Terri made to a friend but would 'not' reverse his ruling. All the legal folks have said that in a criminal trial that error would have guaranteed a new trial.

Have you read this? Notice it's written by the man whose job it is to audit guardianship accounts. The Empire Journal reported that Greer does not allow the accounts to be fully audited.
http://www.justiceforfloridaseniors.org/dirty-guardian-tricks.html

"Dirty Tricks of Guardianships ‚ The Need for Change."
by Robert W. Melton, Chief Auditor, Clerk of the Circuit Court, Pinellas County

Pinellas County Internal Auditor Robert W. Melton recently lectured at Eckerd College in St. Petersburg on: "Dirty Tricks of Guardianships ‚ The Need for Change."

Here are just 10 of the "dirty tricks," as outlined by Pinellas County Internal Auditor Robert W. Melton:

1) Guardian creation of a trust: Remove all oversight by the court as a provision of the trust agreement; guardian becomes trustee; provide that the trustee can do whatever they want at their sole discretion.

2) Sell real estate at lowball price: Use "lowball" valuations as a benchmark; don't list property with Realtors; sell to a land trust, where nobody knows the beneficiary; watch property resold a few months later for a huge increase.

3) Maximize your (or your crony's) profit from investments: Hire money manager for "financial expertise" and let the manager select an investment broker; invest in volatile stocks and trade frequently to generate commissions; if you run up a large gain, don't selectively liquidate over time to pay the taxes but hold a "fire sale" to raise funds all in one day.

4) Undervalue beginning inventory: Have a used-furniture "friend" value a house full of antiques for $3,000; "forget" to put some of the more expensive items on the inventory; "forget" to include a $40,000 certificate of deposit.

5) Pay yourself first: Make payment of guardian and attorney fees the highest priority; disregard mortgage payments and let ward's home go into foreclosure; squirrel away money in the attorney's escrow account for possible future expenses.

6) Maintain guardianship at all costs: Keep family members uninformed; if family members try to become guardian, accuse them of stealing; use the ward's assets for legal fights to retain guardianship.

7) Improper financial reporting: Bury asset-management and brokerage fees as aggregate capital losses "due to market fluctuations"; don't classify disbursements separately; file incomplete or incorrect safe-deposit box inventories.

8) Forced incompetency: Visit assisted-living facilities and establish employee contacts; obtain voluntary limited financial guardianship; if there is money in the estate, do paperwork to force an evaluation of competency; get control over everything and the ward loses all rights.

9) Pay your attorney well: Let attorney bill full rate to shop for a computer and set it up for the ward; let attorneys bill their full rate, even if work is done by a paralegal or assistant.

10) Forget to file federal tax returns: Ensure there is a refund; wait till the ward dies; get check without oversight.



171 posted on 03/29/2005 4:54:49 PM PST by tutstar ( <{{--->< Impeach Judge Greer http://www.petitiononline.com/ijg520/petition.html)
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To: sergeantdave

Doesnt matter... at this point Jeb would go to prison.. Later he would win, and possibly the judge would hit with legal actions.. But the simple fact that Jeb would be put in hand cuffs and brought to jail, even for 1 second.. would kill his political future.. Maybe not in your eyes, but in the eyes of the average american it would.... Lovely pictures of Jeb in handcuffs during his next run for some sort of office would just whipe him out. "He did it for a good cause" does not apply when it comes to politics.


178 posted on 03/29/2005 6:46:40 PM PST by Next_Time_NJ (NJ demorat exterminator)
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