Difference between revisions of "Political Adversaries Cut From the Same Cloth"

(username removed)
(username removed)
 
(2 intermediate revisions by the same user not shown)
Line 10: Line 10:
<blockquote>
<blockquote>
'''Judicial activism''' is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of [https://en.wikipedia.org/wiki/Judicial_restrainthttps://en.wikipedia.org/wiki/Judicial_restraint judicial restraint.] The term usually implies that judges make rulings based on their own views rather than on [https://en.wikipedia.org/wiki/Precedent precedent.]<ref>''Judicial activism'', [https://en.wikipedia.org/wiki/Judicial_activism Wikipedia]</ref>
'''Judicial activism''' is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions. It is sometimes used as an antonym of [https://en.wikipedia.org/wiki/Judicial_restrainthttps://en.wikipedia.org/wiki/Judicial_restraint judicial restraint.] The term usually implies that judges make rulings based on their own views rather than on [https://en.wikipedia.org/wiki/Precedent precedent.]<ref>''Judicial activism'', [https://en.wikipedia.org/wiki/Judicial_activism Wikipedia]</ref>
*The term ''judicial activism'' is sometimes summarized as '''"legislating from the bench."'''<ref>"In political rhetoric activism is used as a ''pejorative''. To describe judges as activist in this sense is to argue that they decide cases on the basis of their own policy preferences rather than a faithful interpretation of the law, thus abandoning the impartial judicial role and 'legislating from the bench.'"  www.britannica.com, [https://www.britannica.com/topic/judicial-activism ''judicial-activism'']</ref>
</blockquote>
</blockquote>
In another article published with ''The Moultrie Observer'' by Lori Glenn, while on the campaign trail against Sears, Judge Brantley stated that “I assure you I have enforced laws that I didn’t particularly care for, because that was my job . . . . When I get there, I will not legislate. I will interpret the law.” Despite Brantley’s anti-activist mantra, his escapades as a retired, part-time Senior Judge show otherwise.<ref>On May 18, 2015, Paulding County Industrial Building Authority attorneys filed a motion for the recusal of the Honorable Judge G. Grant Brantley on hearing a lawsuit brought by six local residents to prevent the development of Silver Comet Field where the "plaintiff's" attorney, Michael Bowers (father of Cobb County State Court Judge, Carl Bowers), was Brantley's former superior officer in the military and 30 year business and political associate.[https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf Judge Brantley Needs to Step Aside]. According to the article, ''Let Paulding Fly: Judge Brantley Needs To Step Aside'', "Judge Brantley and Mr. Bowers have a long and significant history that spans more than 30 years. Judge Brantley was Mr. Bowers’ subordinate when he served as Mr. Bowers’ lawyer as a staff judge advocate in the Air National Guard for 10 years, until 1992. During Mr. Bowers’ 1994 re-election campaign for Georgia Attorney General, Judge Brantley served as his treasurer. When Mr. Bowers ran for Governor in 1998, Judge Brantley again served as treasurer and contributed $5,000 to the campaign. From 2001 to 2007, Judge Brantley was Of Counsel to Mr. Bowers’ law firm – a business relationship that involved the firm paying for all of Judge Brantley’s overhead and a 50/50 split of all his fees. In 2004, Judge Brantley ran for a seat on the Georgia Supreme Court and received almost $20,000 in campaign contributions from Bowers himself and Bowers’ law firm and family members. In 2009, when Judge Brantley sued to collect legal fees owed him, his attorney was Mr. Bowers, the case went on until 2012. In addition, this week it was revealed that Mr. Bowers’ son was Judge Brantley’s former law clerk." ''See also'' secure [https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf (PDF) version]. "In 2003, [Mike] Bowers started a government relations and lobbying firm with his son Bruce Bowers and John Watson, the political consultant for Georgia's then-governor, Sonny Perdue. Bowers said they had a simple objective: 'to make money.'" ''Mike Bowers'', [https://en.wikipedia.org/wiki/Mike_Bowers#cite_note-22 Wikipedia] (citing Massey, Bowers & Hembree (19 Jan 2003). "New business for Bowers". ''Atlanta Business Chronicle''. Retrieved 11 July 2012.)</ref>
In another article published with ''The Moultrie Observer'' by Lori Glenn, while on the campaign trail against Sears, Judge Brantley stated that “I assure you I have enforced laws that I didn’t particularly care for, because that was my job . . . . When I get there, I will not legislate. I will interpret the law.” Despite Brantley’s anti-activist mantra, his escapades as a retired, part-time Senior Judge show otherwise.<ref>On May 18, 2015, Paulding County Industrial Building Authority attorneys filed a motion for the recusal of the Honorable Judge G. Grant Brantley on hearing a lawsuit brought by six local residents to prevent the development of Silver Comet Field where the "plaintiff's" attorney, Michael Bowers (father of Cobb County State Court Judge, Carl Bowers), was Brantley's former superior officer in the military and 30 year business and political associate.[https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf Judge Brantley Needs to Step Aside]. According to the article, ''Let Paulding Fly: Judge Brantley Needs To Step Aside'', "Judge Brantley and Mr. Bowers have a long and significant history that spans more than 30 years. Judge Brantley was Mr. Bowers’ subordinate when he served as Mr. Bowers’ lawyer as a staff judge advocate in the Air National Guard for 10 years, until 1992. During Mr. Bowers’ 1994 re-election campaign for Georgia Attorney General, Judge Brantley served as his treasurer. When Mr. Bowers ran for Governor in 1998, Judge Brantley again served as treasurer and contributed $5,000 to the campaign. From 2001 to 2007, Judge Brantley was Of Counsel to Mr. Bowers’ law firm – a business relationship that involved the firm paying for all of Judge Brantley’s overhead and a 50/50 split of all his fees. In 2004, Judge Brantley ran for a seat on the Georgia Supreme Court and received almost $20,000 in campaign contributions from Bowers himself and Bowers’ law firm and family members. In 2009, when Judge Brantley sued to collect legal fees owed him, his attorney was Mr. Bowers, the case went on until 2012. In addition, this week it was revealed that Mr. Bowers’ son was Judge Brantley’s former law clerk." ''See also'' secure [https://thewikilaw.org/wiki/images/c/ce/Let_Paulding_Fly_Recusal_Release-6-11-2015.pdf (PDF) version]. "In 2003, [Mike] Bowers started a government relations and lobbying firm with his son Bruce Bowers and John Watson, the political consultant for Georgia's then-governor, Sonny Perdue. Bowers said they had a simple objective: 'to make money.'" ''Mike Bowers'', [https://en.wikipedia.org/wiki/Mike_Bowers#cite_note-22 Wikipedia] (citing Massey, Bowers & Hembree (19 Jan 2003). "New business for Bowers". ''Atlanta Business Chronicle''. Retrieved 11 July 2012.)</ref>
Line 22: Line 25:
<blockquote>"Real estate can be a complex area of law, so I’ll keep things as simple as possible. If Brantley’s rulings are upheld on appeal then Georgia law will now allow residential landlords to be shielded by third-party contractors by bringing eviction suits in the contractors’ names instead of the landlord's, which is clearly prohibited under Georgia law. Brantley’s recent rulings will also mean courts can enter orders and judgments without evidence, without allowing parties the opportunity to be heard, and tenants not only will be evicted for not paying their rent, but they will also be '''arrested''' for it. He (Brantley) shows no respect for people's rights or the law as written."
<blockquote>"Real estate can be a complex area of law, so I’ll keep things as simple as possible. If Brantley’s rulings are upheld on appeal then Georgia law will now allow residential landlords to be shielded by third-party contractors by bringing eviction suits in the contractors’ names instead of the landlord's, which is clearly prohibited under Georgia law. Brantley’s recent rulings will also mean courts can enter orders and judgments without evidence, without allowing parties the opportunity to be heard, and tenants not only will be evicted for not paying their rent, but they will also be '''arrested''' for it. He (Brantley) shows no respect for people's rights or the law as written."
</blockquote>
</blockquote>
The irony of it all, Brantley’s actions show a complete lack of “judicial restraint”—making him a catalyst and proponent of judicial activism.<ref>''Judicial restraint'', [https://en.wikipedia.org/wiki/Judicial_restraint Wikipedia]. "In political rhetoric activism is used as a ''pejorative''. To describe judges as activist in this sense is to argue that they decide cases on the basis of their own policy preferences rather than a faithful interpretation of the law, thus abandoning the impartial judicial role and 'legislating from the bench.'"  www.britannica.com, [https://www.britannica.com/topic/judicial-activism ''judicial-activism'']</ref>
The irony of it all, Brantley’s actions show a complete lack of “judicial restraint”—making him a catalyst and proponent of judicial activism.<ref>''Judicial restraint'', [https://en.wikipedia.org/wiki/Judicial_restraint Wikipedia].</ref>
<br>
<br>
<br>
<br>
(username removed)