Judge's order reversed

Fort Worth Star-telegram ^ | 8/31/2011 | Bill Hanna

[Justice21]

A Dallas federal judge found no basis Monday for U.S. District Judge John McBryde to issue sanctions against a Florida man, his Fort Worth attorney and two other lawyers after the Fort Worth judge accused them of "unethical behavior."

U.S. District Judge David Hittner also dismissed the case against Fort Worth attorney Joseph Cleveland, Newark, N.J., lawyer Melvin Silverman, Fort Lauderdale, Fla., attorney S. Tracy Long and their client John "Jack" Gillig of Pompano Beach, Fla.

Hittner's ruling appears to be the last step in an unusual case that began in January when McBryde sanctioned the attorneys and their client for comments questioning McBryde's impartiality in a trade-secrets lawsuit.

In his ruling, Hittner also said he was "unwilling to assess disciplinary measures for 'unethical behavior' and 'conduct unbecoming a member of the bar,'" as had been alleged in McBryde's original sanctions.

Ten days after the lawsuit was settled last summer, McBryde began disciplinary proceedings, saying he "could not turn a blind eye" to the false statements by Gillig and his lawyers. In court filings, McBryde said Gillig was "a liar, a fraud and a phony who played a 'shell game' with the facts." McBryde also wrote that court transcripts showed that the accusations against him were false and included factual errors.

In 1997, the 5th Circuit imposed an unprecedented one-year suspension and reprimand for "intemperate, abusive and intimidating" conduct. That investigation was conducted under federal judicial rules that demanded secrecy, preventing McBryde from discussing the matter.

McBryde then sued in federal court in Washington, arguing that his reprimand and suspension, as well as the secrecy, were unconstitutional. The U.S. Supreme Court declined in 2002 to hear McBryde's appeal of the discipline system.

Bill Hanna, 817-390-7698

[Justice21]

It is a shame that this judge was not disciplined. Fortunately, the Appeals Court reversed him. This is a problem with our judicial system. No judge should have the power to unilaterally make this type of decision. If a judge thinks they did something wrong he should make a charge and another court makes that decision. The Appeals Court would have a lot less work.

[Logical me]

A long as these communists judges sit on the bench the longer America will suffer great losses in their Constitutional rights and our freedom. I do not use this communists label lightly but we are saturated with them.

[Joe Boucher]

HEY.
Sandra Day says it is, “wrong to criticize judges”.

[jrd]

you know Some people are alive today simply because it is against the law to kill them!