Saturday, September 12, 2009

Day 18 and counting. Some positive Affirmation.

I was going to post about something else tonight, but a Comment came in that I'm going to share with you all here. (Instead of leaving it in the usual "Comment" section that you have to click to open to read.)

I don't have a way to contact the author at this time, so, while I assume they gave me de facto permission to publish their comment (per my instructions, you have to tell me if you don't want your comment published), I have modified this a bit so as to protect their identity. (See why at the bold text at end of their comment.) Also, since I don't have a name, I don't have a way to verify this report.

But from other data I have verified and from what many of you have told me already, this report rings true. A "Journalist" in the major media would call this an "unnamed source." So that is what I'll do too.

So that you know, I HAVE been contacted by attorneys from Prescott who have given me their names, but, understandably, didn't want to go public with their reports, per the bold text statement at the end of the comment. One of them also told me he was publicly castigated by Judge Hinson in open court.

Contrast this to Yavapai Superior Court Judge Mackey, who has a courtroom in the same building as Judge Hinson. (Sorry, sir. I hope mentioning you on this blog isn't the Kiss of Death. You appear to be a fine judge and I—never a litigant—wrote you once encouraging you so.) When an attorney was delinquent in filing paperwork for trial, Judge Mackey simply and calmly pronounced a $400 sanction against said attorney. (Sorry, Chester, but you deserved it.) That was it and that was how it should be done.

Now, a redacted version of a Comment I received today from an unnamed source, with a few editorial comments by [me]:
I just recently learned of Mr. Hinson's* impending resignation and the charges against him. [Wow... I'm surprised everyone hasn't heard about this by now. Good thing I'm still blogging about it.] I had the rare experience of being both a litigant and a practicing attorney in Mr. Hinson's courtroom. I was the Petitioner in a lengthy, contentious and expensive case when he first became a judge. I also had a couple of matters pending before him where I was the attorney of record. On one occasion, Mr. Hinson castigated me me in open court where I was represented by counsel. He acted recklessly and carelessly because my clients were seated in the gallery as their matter (in which I represented them) was the next matter on Mr. Hinson's calendar. When I turned to leave the courtroom, I saw my clients who were as shocked as I was in seeing them. Imagine how shaken they were seeing their lawyer being personally attacked by the very same judge who would rule on their case with me as their attorney.

I immediately called for an in chambers conference with Mr. Hinson and my opposing counsel in that case. I told him what he had done and asked him to recuse himself which he steadfastly refused to do. [Our recusal laws are silly. Like asking a drunk driver if he can drive okay, our recusal laws ask judges themselves if they are biased against you or violated the law against you. Only honorable men recuse themselves. The dishonorable one's won't. And what about the opposing counsel here? Did they support the move for recusal?]

I hope Mr. Hinson resigns in disgrace and shame but you must remember that the Prescott legal community is a tightly knit good old boy network where everyone looks out for everyone else. [Hmmm... gives more credence to my recent post on my sister blog, Collateral Damage.]

*Howard Hinson does not deserve the title "Honorable" or "Judge" and I refuse to address him by either. [In 18 days, you won't have to.]
Thanks for the affirmation. I'm learning about the tightly knit good old boy network myself. Will be fun to expose in Federal court someday. (Maybe you'll want to help?)

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