Basically Judge Barker's ruling is that the various Clark Co. officials and Drug court employees named in the suit were acting in the official capacity of the state and therefore cannot be sued, because they were representing the state. Judge Jacobi is immune and signed basically a plea agreement that he never run again for a judges position and he disbanded the Clark Co.Drug court program.
While we are sure Judge Barker's ruling will be appealed and the class action suit will continue in what will be a lengthy case, this ruling is a serious setback and a sad commentary on how these people were apparently treated without recourse. The primary blame is on Jacobi who goes scott free even with his blatant disregard for basic human rights and dereliction of his sworn duty to uphold the law.
For those drug court defendants illegally held, here's hoping this is just a bump in the legal road and somewhere in the future you are compensated for the wrongs you were subjected to.
It's about time, two weeks absence seems like a year. Look into Utica Billboard scandal, depositions could turn into arrest warrant for a town board member. Good to have you back, hope you had a nice break.
ReplyDeleteMike Moore
Thanks mayor for the kind words...
ReplyDeleteA travesty of justice.
ReplyDeleteJacobi shoulders all the blame on this, he haphazardly ran the drug program. The lawyers named nearly every official in the county in the suit knowing Jacobi had immunity. Look for this to be in the court system for years.
ReplyDeleteAgreed Anon.there will be no quick justice or compensation for the drug court victims. Jacobi is a example of what is wrong with politics and politicians he should be disbarred for his actions...
DeleteMinisterial
ReplyDeleteDone under the direction of a supervisor; not involving discretion or policymaking.
Ministerial describes an act or a function that conforms to an instruction or a prescribed procedure. It connotes obedience. A ministerial act or duty is a function performed without the use of judgment by the person performing the act or duty.
MINISTERIAL. That which is done under the authority of a superior; opposed to judicial; as, the sheriff is a ministerial officer bound to obey the judicial commands of the court.
2. When an officer acts in both a judicial and ministerial capacity, he may be compelled to perform ministerial acts in a particular way; but when he acts in a judicial capacity, he can only be required to proceed; the manner of doing so is left entirely to his judgment.
Some distinct problems:
1.)Making arrests without the legal authority to do so.,
2.)Conducting revocation hearings as a probation officer without a filing
by the prosecutor.,
3.)The 'kangaroo hearing" hearing being conducted
by a probation officer in her office without legal council for the defendant or the hearing being conducted in open court before an actual judicial officer.,
4.) An arrestee left in jail for extended periods of time with a hearing.
The Federal Judge is surely going to releasing a more detailed and complete ruling.
What does the GSL or an associate or sock puppet of his have to say....?
Goliath's shyster lawyer says "Judge Jacobi got the dirty end of the stick on this. HIs sin was NEGLECT and delegating to the wrong people. And it IS TRUE that he was neglectful ...because he trusted his underlings. Jacobi's actions when he realized something was up were proper. He hired an investigator and put the matter in another judge's hands to insure it would be a thorough and impartial investigation. But, it was apparently too little too late.
DeleteIn Jacobi's position "neglect" is not acceptable, by neglecting his sworn duty some of the drug court defendants were denied some of the most basic and important rights. His "underlings" may have not acted properly but he swore to uphold the law fairly which he failed at miserably...
DeleteFair comment HT.
DeleteAn Award Winning Bat Blog
ReplyDeleteExamination of the Doctrine of Judicial Immunity
WHAT CONSTITUTES A JUDICIAL ACT FOR PURPOSES OF
JUDICIAL IMMUNITY?
INTRODUCTION
Under the established doctrine of judicial immunity,' a judge is absolutely
immune from a suit for damages for his judicial acts taken within
or even in excess of his jurisdiction.2 Judicial immunity is necessary for
the proper administration of justice and for the advancement of various
policies.' The two policies most often proffered by courts and commentators
are judicial independence4 and the need for finality in judicial proceedings.
Bat Blog reference:
http://caught.net/pdf/whatConstitutesJudicialAct.pdf
Everyone at the courthouse knew what was going on in that drug court program but no one had the courage to come forward and say anything. The public defenders office should've had a representative at every drug court. It should've stood up and represented their people when the judge put them in jail without a hearing and failed to do so.
ReplyDeleteOnce the PD obtained a plea agreement and it was entered, his or her involvement
Deleteended. However, if the Drug Court led to a petition to revoke drug court and send
to jail the PD would be reappointed to rep them in the hearing on that.
The problem was that these 'interim punishments' that did not lead to a
petition to revoke but were done, ad hoc, by the drug court petty officials
did not get 'on the record' and so the PD was never notified. However,
The prosecutor in the drug court was aware and, I believe, eventually refused
to participate in protest over how it was being done. I could be wrong.
I thought they always had a representative from the public defenders office in the courtroom when they conducted drug court business. If I am wrong then I wonder why that wasn't the case??? I would think you should have an attorney present anytime someone's freedom is at risk. However, I am not an attorney, nor have I played one on tv, but that just seems like common sense to me. I would love to hear an attorneys perspective on this.
ReplyDeleteGlad to have an active Batblog back.
DENIED basic constitutional rights as american citizens in clark countys courthouse....
ReplyDeleteThen DENIED their justice at the federal courthouse
A DAMN SHAME!