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ARIZONA COMMON SENSE

An Exercise in Aggressive, Non-Partisan Political Activism May 15, 2013 Volume 3, Number 16

JUDGE DAVID BURY IS JUST ANOTHER RUBBER STAMP FOR THE GOOD OLD BOYS, SAYS WARDEN
In America, the Rule of Law is sacrosanct, and Justice is blind to the identity, and the stature, of all those who stand before her, here in the land of the free and the home of the brave. Or so those who raise their hand to take the solemn oath, walk the marbled halls, wear the black robe and sit on the federal benches in the Evo DeConcini Courthouse, in Tucson Arizona, would have us believe. Regarding Judicial Integrity: the Judicial Code of Conduct states: Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. A judge must avoid impropriety and the appearance of improprietyA judge shall perform judicial duties without bias or prejudiceA judge shall hear and decide matters assigned to the judge except those in which disqualification is required. Keep these lofty principles in mind; then read the following documents filed in Federal Court on Friday May 10, 2013: Motion to Disqualify Judge Bury For Failure to Disclose Bias and Declaration of Roy Warden in Support Earlier this year Tucson Community Activist Roy Warden published the following two articles: Is the Tucson Federal Court Judge Shopping in Warden v Miranda? Pima County Bar Advises Warden on Judge Shopping.

Prior to submitting his Motion to Disqualify Judge Bury, Warden read the record carefully, researched the law, and submitted the relevant documents to a half dozen members of the Pima County Bar and a retired Superior Court Judge. All of them were appalled. Judge Burys conduct, is disgraceful, one reader opined. Judge Bury wouldnt have dared to pull this kind of shit if Warden was represented, said another. I wouldnt want Judge Bury sitting on any of my federal cases. As for We the People and the right of all citizens to equal treatment before the law: The American Revolution was fought to establish the Rule of Law and to end aristocracy, or the idea that some of us, (The Establishment) by virtue of their social position, are more equal than others. This concept of equal justice in the eyes of the law is particularly important when it comes to the Courts and, when defining the essential relationship between We the People and the Government Officials we employ to do the public business. However, by words and deeds in two cases, Warden v Garcia and Warden v Miranda, Rankin, etc., U. S. District Judge Bury has shown utter contempt for the Rule of Law and the premise of equality in America. Clearly stated case law, the Federal Rules of Civil Procedure and the Code of Judicial Conduct expressly preclude a judge from deep sixing a pro-se complaint as Judge Bury did in Warden v Garcia and in accepting his present appointment to Warden v Miranda, Rankin, etc. Yet Judge Bury went ahead and so acted. When it comes to protecting powerful special community interests (The Establishment, aka the Good Old Boys) Judge Bury and other local federal judges hold themselves above the law they have taken an oath to protect, says Warden. And, by filing his Motion to Disqualify Judge Bury for Failure to Disclose Bias, Community Activist Roy Warden has drawn a clear line in the sand, to ask the following question:

What do you think is more powerful: the current custom and practice of the Tucson Federal Courts to railroad unrepresented plaintiffs and deny them due process, or, the Rule of Law, including, 28 U.S.C.A 455, the Federal Rules of Civil Procedure, and the Arizona Code of Judicial Conduct? Fair enough. Lets see which side wins. Lets see How Long U. S. District Court Judge David Bury remains presiding over Warden v Miranda, Rankin, etc. Roy Warden roywarden@hotmail.com,

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