Thursday, February 18, 2010

JUSTICE LESLIE BROCK YATES AND THE ROSENTHAL FACTOR

Justice Leslie Brock Yates, who is currently running for re-election to the Texas 14th Court of Appeals, has more in common with disgraced ex DA, Chuck Rosenthal, than choosing Allen Blakemore as her campaign manager.

The "Free Speech" argument must be taken in context  when uttered by an elected public official who is entrusted to be impartial in performing his/her essential job duties.

When Chuck Rosenthal, a public figure and sitting elected District Attorney at the time he sent racist emails on his government computer, suggested that "Freedom of Speech" shielded his behavior, Harris County scoffed at the absurdity. The implication was indefensible given his position at the time of the bad behavior.
After all, Rosenthal had the power to decide whose freedom, in a diversely populated county of ~4,000,000 people, would be jeopardized by his judgment.
He was not simply an ordinary private figure employed in the private sector on his privately owned computer.

The same criticism can be applied to Justice Yates.
However, her bias and total disregard for impartiality is not based on a plausible, albeit unsubstantiated, extrapolation of a distasteful joke; but rather forms the basis of her attack ads on opponent Sharon McCally.
Yates' profiling and subsequent condemnation of plaintiff attorneys based purely on the "belief" that these folks improperly represent the little guy instead of big business, is reprehensible on its face. 
Stereotyping  plaintiff attorneys as bad folks is prima facie inappropriate behavior for an appellate judge.

How can we expect impartial judicial renderings from a judge who blatantly profiles groups of individuals for political gain and has demonstrated a proclivity to judge an opponent on pure rumor and innuendo?

14 comments:

Aggie Pct Chair said...

Leslie Brock Yates is a strong Republican and understands tort reform. It is a bit interesting when you think about the fact that her husband is a criminal defense attorney. I would assume his views would have to be more liberal than McCally's. I met McCally and was very impressed with her. My vote still goes to Yates though because she wil make sure companies don't have to pay big verdicts.

Anonymous said...

Leslie Brock Yates is so far superior in this race it really isn't close. Great judge with a lot of criminal and civil experience. She will win easily, and she should.

Xi said...

ACP,
Canon of Judicial Conduct 5 is called “Refraining from Inappropriate Political Activity” and it applies to all judges in Texas:

(1) A judge or judicial candidate shall not:

(i) make pledges or promises of conduct in office regarding pending or impending cases, specific classes of cases, specific classes of litigants, or specific propositions of law that would suggest to a reasonable person that the judge is predisposed to a probable decision in cases within the scope of the pledge;

Condemning an entire area of practice from the bench obviously undermines public confidence in the impartiality of our courts. If you’re hurt in an accident and get a jury verdict against the business that hurt you, how comfortable would you be with Judge Yates reviewing your award?

Prominent lawyer Tommy Fibich is preparing a complaint against Yates to be filed with the State Commission on Judicial Conduct. “In 36 years of practice,” said Fibich, “this is the most outrageous statement from a judicial candidate I’ve ever seen. Anybody who has a case in her court, assuming the public would reelect someone this unfair, should seek to recuse her.”
Xi

Anonymous said...

Yates is going to get grieved.

Anonymous said...

Anon 3:50,
As she should at the very least. If Yates wins the Republican primary she will not be able to overcome this arrogance and stupidity in the November general.
She is a disgrace to the bench

Anonymous said...

I used to really like Leslie. She didn't have to follow Blakemore on this...but she did and that says a lot about her judgment as well.

Anonymous said...

APC -

If you or a loved one was rendered a paraplegic because of a Toyota defect that Toyota knew about but ignored, would you still want to make sure that they would not have to pay a "big verdict" for your medical bills, and the endless suffering you would be forced to endure? Come on.

Anonymous said...

I have seen Yates in person, and she carried an arrogance befitting someone far more accomplished. She acts like everyone should know that she is a judge and that she is as important as the president.

Anonymous said...

Anon 7:08,
A just got a visual of APC's loved ones in a multi car collision on I 10 East heading to Beaumont. Yates was working an extra job as an EMT and euthanized all the occupants. The insurance carrier's corporate jet then flew Judge Yates' family to Costa Rica for a little R&R for a job well done.
Who says you can't buy justice in Texas?

Anonymous said...

Does her husband do personal injury work? Irony at is finest.

Aggie Pct Chair said...

Tort reform is a must. These lawsuits are what cause doctor's insurance rates to go up and have crushed our medical and health care systems. Doctors make less money because of these frivolous suits. Toyota doesn't need to be sued to do what is right. They have recalled all the cars and are fixing them. This is the cost of doing business.

Thanks to tort reform, the slimebag plaintiff lawyers are getting hit hard. Look what happened to BP- but our supreme court fixed that law....

Anonymous said...

APC-

You are by far the biggest idiot who has ever graced a blog. You have conquered Rage and the like. You need to go into a hole and never come out.

I am glad Black Ink ignores you. You should be ignored.

Anonymous said...

Hey, Anonymous from Feb. 19 at 8:18 a.m....it's 11:57 p.m. on election day. How far superior is former Justice Yates now? Tell me again how easily she was going to win??? Justice prevailed tonight in the form of Sharon McCally.

Anonymous said...

Hey Blakemore, I'll be your huckleberry. lol. You blew it for Yates and I appreciate that.