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Posts by thecourtwatcher

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  • IMPEACHING FEDERAL JUDGES: A COVENANTAL AND CONSTITUTIONAL RESPONSE TO JUDICIAL TYRANNY

    01/16/2007 9:05:44 PM PST · 7 of 8
    thecourtwatcher to Remedy

    http://judiciary.house.gov/media/pdfs/Realinquirystate706.pdf
    U.S. House of Representatives
    Committee on the Judiciary
    F. James Sensenbrenner, Jr., Chairman
    _______________________________________
    http://judiciary.house.gov/
    News Advisory
    For immediate release Contact: Jeff Lungren/Terry Shawn
    September 20, 2006 202-225-2492
    Courts Subcommittee Hearing Thursday on Whether
    Impeachment Articles are Warranted for U.S. Judge Real
    What: Legislative Hearing on H. Res. 916, a resolution impeaching Manuel L.
    Real, a U.S. district judge of the Central District of California, for high
    crimes and misdemeanors
    Who: Subcommittee on Courts, the Internet, and Intellectual Property – Rep.
    Lamar S. Smith (R-Tex.), Chairman
    When: 9:00 a.m., Thursday, September 21, 2006
    Where: 2141 Rayburn Building
    In February 2000, Judge Real allegedly interceded on behalf of a defendant known to him in a
    joint bankruptcy and California state unlawful-detainer action. According to published reports, Judge
    Real received ex parte communications from the defendant and through third parties about the matter
    before he took action. He was also supervising the defendant as part of her probation in a separate
    criminal case in which she had pled guilty to perjury and loan fraud.
    Judge Real withdrew the complaint from the bankruptcy court and enjoined the state eviction
    proceeding. He allegedly gave no reasons for his assertion of jurisdiction over the case or his rulings.
    The defendant was allowed to live rent-free in the home for a period of years. When the trustee appealed
    by mandamus to the Ninth Circuit, Judge Real transferred the case to another district judge. The trustee
    eventually reclaimed the property on appeal but lost at least $35,000 in rent during the proceedings.
    Attorneys fees were in the tens of thousands of dollars.
    A Ninth Circuit Judicial Council is investigating – for the third time – Judge Real’s behavior in
    this case. A report issued yesterday by a Judicial Committee headed by Justice Stephen Breyer found
    that the complaint was mishandled the two previous times by the Ninth Circuit. More information about
    Judge Real’s conduct is available at http://judiciary.house.gov/Printshop.aspx?Section=306 .
    ISSUES TO BE ADDRESSED...
    T What are the facts surrounding Judge Real’s behavior when he became involved in the Canter
    legal proceedings?
    T What relevant impeachment precedents exist for review by the Subcommittee?
    T Is the commission of a serious crime an essential requirement for impeachment? What is the
    purpose of impeachment?
    T Has the Ninth Circuit handled its investigation of Judge Real’s behavior appropriately?
    T Are there other actions that the House of Representatives or Congress can take regarding Judge
    Real’s behavior short of impeachment?
    WITNESSES: The Honorable Manuel L. Real, U.S. district judge for the Central District of California;
    Andrew Smyth, attorney for Deborah Canter (the defendant in the unlawful detainer and bankruptcy
    actions); Arthur Hellman, Professor, University of Pittsburgh School of Law; and Charles Geyh,
    Professor, Indiana University School of Law
    ####