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Hearing set to address JP’s potential recusal from biker case [Waco]
Waco Herald-Tribune ^ | July 22, 2015 | OLIVIA MESSER

Posted on 07/22/2015 1:48:55 PM PDT by don-o

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1 posted on 07/22/2015 1:48:55 PM PDT by don-o
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To: don-o

“A gag order has been placed over all parties involved in Clendennen’s case and the complaint against Peterson.”

Seeing a lot more of those “gag orders” and “attempted gag orders” in our courts .... brings back memories of communist and EU third world nations.


2 posted on 07/22/2015 1:55:17 PM PDT by RetiredTexasVet (No matter the laws that get passed or the edicts given they are just queers, freaks and perverts.)
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To: don-o

Borden is absolutely correct.
This judge was way out of line.


3 posted on 07/22/2015 1:56:04 PM PDT by Clump (Bestowing dignity on sodomy is like bestowing fragrance on a turd.)
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To: Clump

Make that Broden.


4 posted on 07/22/2015 1:57:23 PM PDT by Clump (Bestowing dignity on sodomy is like bestowing fragrance on a turd.)
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To: don-o

Good, lots of people have been whining about these bonds, let’s see how an actual judge responds to the complaint.


5 posted on 07/22/2015 1:59:12 PM PDT by Boogieman
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To: don-o
Notice that this hearing is not directly on the recusal motion, which is directed to Petersen. He has to "recuse himself" in the ordinary scheme of the process, and if he did or does, that decision can be appealed. This process was used to get Judge Lester off the Zimmerman case. Lester denied the recusal motion, O'Mara appealed, and Lester was ordered by the appellate court to recuse himself.

This hearing relates to Broden's judicial ethics complaint. For what it's worth, even an unfavorable decision from the State Commission on Judicial Conduct does not force recusal. The recusal decision can be affected by, but is not determined by the outcome of the hearing before the State Commission on Judicial Conduct.

6 posted on 07/22/2015 2:04:20 PM PDT by Cboldt
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To: Boogieman

Broden is attempting to get a real judge at the Examining Trial for his client.


7 posted on 07/22/2015 2:04:22 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

JPs don’t have to have any legal training whatsoever.
And it shows.


8 posted on 07/22/2015 2:06:28 PM PDT by Redbob (Keep your hands off my great-great-grandfather's flag)
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To: Boogieman
The bonds were, as far as I know, ALL reduced if/when heard. A few bailed out at a million bucks before hearings took place.

The fact that all bonds were reduced (by a judge) is a sign they were set improperly in the first place. The preocess being discussed here is strictly the state against Petersen.

9 posted on 07/22/2015 2:07:04 PM PDT by Cboldt
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To: don-o
Or at least a different JP.

Sometimes this sort of thing is "out of the frying pan and into the fire," as judges, all of them, tend to help the state circle the wagons.

10 posted on 07/22/2015 2:08:47 PM PDT by Cboldt
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To: Cboldt
The preocess being discussed here is strictly the state against Petersen.

How so? Isn't it Clendennen v Peterson?

11 posted on 07/22/2015 2:11:03 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: don-o

There is always an underlying case (or cases) involved, but technically this is a hearing on a complaint filed with the Texas State Commission on Judicial Conduct. I don’t know exactly what the Commission is empowered to do in light of a complaint against a judge, but as Broden acknowledges in his recusal motion, a decision adverse to Petersen, before the Commission, does not force his recusal in State v. Clendennen.


12 posted on 07/22/2015 2:21:20 PM PDT by Cboldt
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To: Cboldt; don-o

I see don’t0 is still trying to push the rope uphill.

Texas judicial is not quite the same as FLA. Its doubtful the Dallas ambulance chaser attorney Clinton Broden is going accomplish anything more than milk Clendennen absolutely dry (in Texas an unsuccessful plaintiff pays ALL court costs) and pissoff more judges.

But hey, they need to keep on keepin on, its very entertaining to watch idiots spin in the wind.


13 posted on 07/22/2015 2:26:19 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: Cboldt

“The fact that all bonds were reduced (by a judge) is a sign they were set improperly in the first place”

*Yawn*, we’ve heard you argue that before. Bonds are routinely reduced in courts all over the country, that is no evidence of some kind of tyrannical imposition.

“The preocess being discussed here is strictly the state against Petersen.”

Oh I understand that, but this seems a key part of the argument against him, so I am keen to see how another independent judge responds to that argument.


14 posted on 07/22/2015 2:27:10 PM PDT by Boogieman
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To: don-o
State Commission on Judicial Conduct
Procedural Rules for the Removal or Retirement of Judges [pdf]

(e) "Sanction" means any admonition, warning, reprimand, or requirement that the person obtain additional training or education, issued publicly or privately, by the Commission pursuant to the provisions of Article V, Section 1-a, Paragraph (8) of the Texas Constitution. A sanction is remedial in nature. It is issued prior to the institution of formal proceedings to deter similar misconduct by a judge or judges in the future, to promote proper administration of justice, and to reassure the public that the judicial system of this state neither permits nor condones misconduct.

(f) "Censure" means an order issued by the Commission pursuant to the provisions of Article V, Section 1-a, Paragraph (8) of the Texas Constitution or an order issued by a Review Tribunal pursuant to the provisions of Article V, Section 1-a, Paragraph (9) of the Texas Constitution. An order of censure is tantamount to denunciation of the offending conduct, and is more severe than the remedial sanctions issued prior to a formal hearing.

The Commission is also empowered to remove a judge from office.
15 posted on 07/22/2015 2:29:00 PM PDT by Cboldt
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To: X-spurt; Cboldt

Ooops.
Meant to say - plaintiff pays ALL court and attorneys costs


16 posted on 07/22/2015 2:30:11 PM PDT by X-spurt (CRUZ missile - armed and ready.)
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To: Cboldt

Early on it was questioned if Peterson had received the required training that non lawyer JP’s are supposed to get. Can Broden subpoena Peterson’s file to determine that?


17 posted on 07/22/2015 2:33:28 PM PDT by don-o (I am Kenneth Carlisle - Waco 5/17/15)
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To: Boogieman
-- that is no evidence of some kind of tyrannical imposition --

The evidence is what it is. Whether the label "tyrannical" is attached is strictly an opinion. Whether the label "improper" is attached is easier to determine, and if a judge doesn't follow the "formula" for setting bail, then the setting is per se improper.

-- I am keen to see how another independent judge responds to that argument. --

Me too, **yawn**.

18 posted on 07/22/2015 2:33:40 PM PDT by Cboldt
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To: don-o

all I want is the truth...


19 posted on 07/22/2015 2:36:14 PM PDT by hadaclueonce (It is not heaven, it is Iowa. Everyone gets a "Corn Check")
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To: don-o
I don't think it would be necessary to see Petersen's "training file," one should be able to review other cases where he set bail, to see if he used the statutory elements that Texas uses for setting bail. If he's used those elements in the past, then he knows they exist, either by training, experience, or merely following the established format by rote.

Black letter law, bail is set on a case-by-case basis, with several consideration being under review.

20 posted on 07/22/2015 2:38:05 PM PDT by Cboldt
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