Your daily dose of birther insanity: Orly fined $20k. Orly? Yes Rly!
So our favorite combination lawyer/dentist/real estate agent and birther prime, Orly Taitz, has finally managed to piss off a judge enough that she's been fined $20,000 due in 30 days, or the state of Georgia will take her to collections.
Finally fed up with Orly Taitz's repeated frivolous and conspiracy-ridden filings in a Birther lawsuit, the judge in the case has fined the crusading attorney $20,000.
Opening with a quote from Justice Cardozo on the privilege of bar membership, Judge Clay Land of the U.S. District Court in the Middle District Of Georgia goes on for some length -- the order is 43 pages -- explaining his reasoning:
When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law. When a lawyer uses the courts as a platform for a political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law. When a lawyer personally attacks opposing parties and disrespects the integrity of the judiciary, that lawyer abuses her privilege to practice law. When a lawyer recklessly accuses a judge of violating the Judicial Code of Conduct with no supporting evidence beyond her dissatisfaction with the judge's rulings, that lawyer abuses her privilege to practice law. When a lawyer abuses her privilege to practice law, that lawyer ceases to advance her cause or the ends of justice.
Still defiant after months of legal wrangling and, by our count, three written denunciations by federal district court Judge Clay Land, Taitz said she had absolutely no plans to pay the $20,000 fine.
apunkjunkie - "Sorry to burst your bubble, but less than 1% of the southern citizens owned slaves and out of that, most were treated fairly well. So no, slavery wasn't a big issue."
The Court finds that counsel’s conduct was willful and not merely negligent. It demonstrates bad faith on her part. As an attorney, she is deemed to have known better. She owed a duty to follow the rules and to respect the Court. Counsel’s pattern of conduct conclusively establishes that she did not mistakenly violate a provision of law. She knowingly violated Rule 11. Her response to the Court’s show cause order is breathtaking in its arrogance and borders on delusional. She expresses no contrition or regret regarding her misconduct. To the contrary, she continues her baseless attacks on the Court.
and this
Quote:
Counsel’s frivolous and sanctionable conduct wasted the Defendants’ time and valuable judicial resources that could have been devoted to legitimate cases pending with the Court. When she filed the Rhodes case, counsel indicated that it was urgent that the matter be heard because her client was facing imminent deployment. The Court rearranged its schedule, took time to read the legal papers, and conducted preliminary research in preparation for the hearing. The Army had to activate its legal team on short notice, sending a Major from the Army Litigation Division in Washington, D.C. and a Captain from the CONUS Replacement Center at Ft. Benning. In addition, the Assistant U.S. Attorney had to accompany them. Like the Court, the government attorneys had to prepare in an expedited manner for the hearing. During the week preceding Captain Rhodes’s deployment, the Court was in the midst of a jury trial. Therefore, the Court had to alter the trial schedule to conduct the hearing during an extended lunch break, thus affecting other counsel and jurors. The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules. At the hearing, counsel failed to make coherent legal arguments but instead wasted the Court’s time with press conference sound bites and speeches.
apunkjunkie - "Sorry to burst your bubble, but less than 1% of the southern citizens owned slaves and out of that, most were treated fairly well. So no, slavery wasn't a big issue."
Last edited by CrazyLittle : 10-13-2009 at 02:09 PM.
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Burn in kenyuh obviuslee. Hawayee wasnut a stat beck tehn eithfur. His nut amurkan
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I can't believe she wasn't sanctioned earlier. She'll (more than likely) lose her license if she doesn't follow the court order.
What I want to know: how did she file the suit in GA? She probably isn't barred there and I don't think any judge would allow an unbarred attorney temporary representation only to shoot it down like Judge Land did.
__________________ Black Emperor Just like liquor stores, mailboxes and payphones: whenever you need them, they are impossible to find.
Last edited by Black Emperor : 10-13-2009 at 05:26 PM.
It's really only fair. Remember when Bush stole the 2000 election? Then in 2004 he did it again with the diebold machines? Well now the Democrats stole the election through Acorn, but went a step further and put a non-American American secret Muslim in office.
I can't WAIT for 2012!
__________________
He chose to use his name, Barack, for a reason. To identify, not with America -- you don't take the name Barack to identify with America. You take the name Barack to identify with what? Your heritage? The heritage, maybe, of your father in Kenya, who is a radical? Really? Searching for something to give him any kind of meaning, just as he was searching later in life for religion. - Glenn Beck
What I want to know: how did she file the suit in GA? She probably isn't barred there and I don't think any judge would allow an unbarred attorney temporary representation only to shoot it down like Judge Land did.
Yeah, that's what I'd like to know too. She's not part of the ABA, and she's only licensed to practice law in California. Her law school degree is a mail-order diploma. But if she ignores a court order, wouldn't she be thrown in jail - not just disbarred?
apunkjunkie - "Sorry to burst your bubble, but less than 1% of the southern citizens owned slaves and out of that, most were treated fairly well. So no, slavery wasn't a big issue."
Funny how only lawyers are called out for using the courts to further political agendas.
What are you attempting to point at? Are you alluding to the ever ambiguous "judicial activism" notion?
Quote:
Originally Posted by CrazyLittle
Yeah, that's what I'd like to know too. She's not part of the ABA, and she's only licensed to practice law in California. Her law school degree is a mail-order diploma. But if she ignores a court order, wouldn't she be thrown in jail - not just disbarred?
Depends on the court order, judge and jurisdiction. Her publicly stating that she will not abide by it gives the presumption of bad faith, so jail time could be in her near future.
__________________ Black Emperor Just like liquor stores, mailboxes and payphones: whenever you need them, they are impossible to find.
I just can't believe people are still going on with this bs.
never, ever underestimate the stupidity of man
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haha, I can't wait for her to get disbarred for misconduct and abusing her powers as an attorney. I hope she doesn't pay and gets taken to collections because the state of Georgia will win and then she goes bye-bye forever.
Wow you better not go against the flow or you'll get fined. Regardless of how much YOU think the birther argument is bunk, you can argue it and she has the right to do so. She shouldn't have to pay any fine.
I don't believe in it simply because I feel there are better ways to discredit the guy. Plus why the hell would she be in Kenya?
Wow you better not go against the flow or you'll get fined. Regardless of how much YOU think the birther argument is bunk, you can argue it and she has the right to do so. She shouldn't have to pay any fine.
I don't believe in it simply because I feel there are better ways to discredit the guy. Plus why the hell would she be in Kenya?
When a lawyer files complaints and motions without a reasonable basis for believing that they are supported by existing law or a modification or extension of existing law, that lawyer abuses her privilege to practice law. When a lawyer uses the courts as a platform for a political agenda disconnected from any legitimate legal cause of action, that lawyer abuses her privilege to practice law. When a lawyer personally attacks opposing parties and disrespects the integrity of the judiciary, that lawyer abuses her privilege to practice law. When a lawyer recklessly accuses a judge of violating the Judicial Code of Conduct with no supporting evidence beyond her dissatisfaction with the judge's rulings, that lawyer abuses her privilege to practice law. When a lawyer abuses her privilege to practice law, that lawyer ceases to advance her cause or the ends of justice.
Wow you better not go against the flow or you'll get fined. Regardless of how much YOU think the birther argument is bunk, you can argue it and she has the right to do so. She shouldn't have to pay any fine.
She absolutely should have to pay the fine.
Federal Rules of Civil Procedure
11(b):
By presenting to the court a pleading, written motion, or other paper — whether by signing, filing, submitting, or later advocating it — an attorney or unrepresented party certifies that to the best of the person's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
(1) it is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
(2) the claims, defenses, and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on belief or a lack of information.
11(c):
If, after notice and a reasonable opportunity to respond, the court determines that Rule 11(b) has been violated, the court may impose an appropriate sanction on any attorney, law firm, or party that violated the rule or is responsible for the violation. Absent exceptional circumstances, a law firm must be held jointly responsible for a violation committed by its partner, associate, or employee.
Orly violated R11(b)(2); therefore, she has a sanction appropriately and legally imposed upon her.
__________________ Black Emperor Just like liquor stores, mailboxes and payphones: whenever you need them, they are impossible to find.
She's also violated R11(b)(3). The birthers have had time to find and present compelling evidence of their case. They haven't.
Touche, although she would probably make the argument that her case hinges on compelling Obama to turn over his birth certificate in discovery. Either way, her conduct is sanctionable.
__________________ Black Emperor Just like liquor stores, mailboxes and payphones: whenever you need them, they are impossible to find.
Joy Behar hopped on the Orly Taitz train last night, interviewing the Birther attorney for her new show. Before sparring with Taitz about her conspiracy theories, Behar raised the issue of the $20,000 fine imposed by a judge on Taitz yesterday (which Taitz has refused to pay).
Noting the judge described Taitz as delusional, Behar asked Taitz to respond:
Taitz: Absolutely no. It's a delusional and corrupt judge.
Behar: But he was appointed by George Bush. Just FYI.
Taitz: Listen, people make mistakes, what can I say.
apunkjunkie - "Sorry to burst your bubble, but less than 1% of the southern citizens owned slaves and out of that, most were treated fairly well. So no, slavery wasn't a big issue."
As long as it isn't in a brief to a judge, she can legally say whatever she wants. The California Bar Assoc., however, may use that against her if they were to consider disbarring her. She's just pressing her luck now.
For the record: she looks like a washed up stripper.
__________________ Black Emperor Just like liquor stores, mailboxes and payphones: whenever you need them, they are impossible to find.
Your daily dose of birther insanity: Orly fined $20k. Orly? Yes Rly!
