Freedom of Religion on the Bench - The 3 mystic healing dwarfs
California District Court of Appeals Justice William W. Bedsworth wrote -
http://www.acriminalwasteofspace.com/journal_beds.asp
http://www.acriminalwasteofspace.com/ju ... ePosition=
Judges and Dwarfs Don't Mix
Judges are, by and large, not the flamingos of the justice swamp. Present company excluded, we tend to be temperate, conservative and ... well, judicious. For every one of us who wears Hawaiian shirts and cowboy boots to work, there are scores wearing rep ties and wing tips. That's just how we are. It's also how we got here.
I've been watching this system for 35 years and I've pretty much concluded that the first question — maybe not the most important one, but the first one — the governor asks about any judicial candidate is, "What are the chances I'll ever see this person's name again if I appoint him/her?" Only if the appointments secretary answers, "Zero. No chance. Zip, zilch, nada, bupkis, ain't gonna happen; fuhgeddaboudit" does the process go any further.
Every quarter the Judicial Conduct Reporter lands on my desk and I put aside whatever I'm working on to read it. Talk about psychotherapy. Forget Brandeis and Cardozo, I feel like Gandhi. The things other judges are doing make me want to call Davies and ask what took him so long!
Usually the Judicial Conduct Reporters have a theme. Usually it's sexual harassment. Sexual harassment seems to be the judicial equivalent of the common cold. But there are other themes: bullying people, inappropriate gifts, ill-advised charitable activities. One of my favorites was "Judicial Road Rage."
This was a collection of guys who didn't just yell at another motorist or flip them off, but had them arrested. These people actually sent their bailiffs out, or called the sheriff, and had motorists whose driving offended them tossed into the hoosegow. Not just one guy who did that, several of them! A gaggle! At the risk of sounding provincial, most of these do not involve California judges. Whether it reflects strong moral fiber or mere lack of imagination, our judges don't seem as prone to things like making decisions by flipping a coin (summer 2003) or falsely claiming to have won the Medal of Honor (summer 1995).
Nor do we talk to imaginary mystic dwarfs. Yep. That's what it says: imaginary mystic dwarfs. Until today, I would not have considered my lack of involvement with imaginary mystic dwarfs a great achievement. Until today, I would not have understood it as a compliment if someone said, "I've got some issues with Bedsworth; about the best thing I can say about him is he doesn't talk to imaginary mystic dwarfs."
But today I found out the mystic dwarf thing is grounds for removal of a judge in the Philippines. According to Reuters, "A Philippine judge who claimed he could see into the future and admitted consulting imaginary mystic dwarfs has asked for his job back after being sacked by the country's Supreme Court." Wow. I'm too old to use the word "awesome," but I just don't know how else to describe that. As judicial flameouts go, that's Krakatoa.
My hat's off to former-Judge Florentino Floro and his ... uh ... staff.
This beats the hell out of anything the Judicial Conduct Reporter's come up with lately. And I just love it. I love it because it appeared when I was right up against my deadline. I love it because it makes me feel superior. I love it because I've never previously gotten to type the phrase "imaginary mystic dwarfs." And I love it because the guy is APPEALING! As near as I can determine, he's making this out to be a freedom of religion issue. He says,
"They should not have dismissed me for what I believed." Certainly, I can sympathize with that position.
The prospect of judges being removed because of their personal belief systems is anathema to all of us.
But I think once it's established that you, "told investigators that three mystic dwarfs — Armand, Luis and Angel — helped you carry out healing sessions during breaks in chambers," you gotta expect to trudge through a little grief. I mean, these aren't just your ordinary, garden-variety, run-of-the-mill imaginary mystic dwarfs. These are imaginary mystic healing dwarfs! And you're on a first-name basis with them. You gotta expect the local bar to be a little leery when you tell 'em, "Counsel, I regret that I cannot grant your motion. But if you'll just step into chambers, me and Luis and Armand will use our mystic powers to cure that arthritic knee of yours." You've especially gotta expect it if you're able to see into the future.
Reuters doesn't elaborate on just what the judge could see in the future — or whether Armand, Luis and Angel were not only mystic and therapeutic, but precognitive as well — but I'm not sure saying you can see into the future requires much elaboration. Certainly it made Judge Floro's future pretty clear. I have no doubt that if I had told ANY of the lawyers who appeared before me, EVER, that me and the mystic healing dwarfs were gonna cure a little deafness and then go out for a run over the lunch hour and that when we returned we'd have the name of next year's Preakness winner, Davies would have docked me some points.
Certainly the Philippine Supreme Court thinks it lowers your score. Although they were very diplomatic about it. According to Reuters, "The Supreme Court said it was not within its expertise to conclude that Floro was insane, but agreed with the court clinic's finding that he was psychotic." I'm not sure just what distinction they were drawing here. They may have been saying, "We're not psychiatrists, so we can't say he's gone stark, staring loony tunes on us, but we certainly agree with the doctors who said it." Or they may have concluded that, in today's world, one psychosis hardly differentiates you from the rest of society; it takes at least two or three to qualify for a diagnosis of insanity.
Either way, they confiscated his robe and his ruby slippers and fined him $780.
And, mirabile dictu, Judge Floro is appealing. I don't have a clue who to. Who do you appeal to after the Philippine Supreme Court disrobes you? Seems to me, you and the dwarfs have pretty much topped out when you lose in your nation's supreme court. I can't really see The Hague taking this one on. But Judge Floro has vowed an appeal, and, since he can see into the future, I have to assume it's gonna come to pass. And I'm not about to take a chance that I might miss the outcome of this saga. I'm going online as soon as I finish writing this to subscribe to the Philippine Judicial Conduct Quarterly. Then I'm gonna contact the dwarfs and see if they can do anything about my putting.
Comments
Comments by Lester F. Hardy from United States on Thursday, June 15, 2006 at 20:12 - IP Logged
Having read Judge Floro's posting on this blog, I am inclined to revise my suggestion. In his case I think sixteenth century Spain would be a far better choice than contemporary Iceland. Icelandic elves, at least in so far as I can judge from the available literature, have little or nothing in common with avenging angels and similarly disposed spirit guides. Torquemada, on the other hand, might have found a use for Judge Floro's unusual capabilities.
Comments by Lester F. Hardy from United States on Thursday, June 15, 2006 at 14:00 - IP Logged
I think perhaps that what Judge Floro needs is a simple change of venue. Consider Iceland, where government agencies consult maps identifying the location of elf-abodes before siting projects (a google search will readily turn up articles by Rolf Soderlind of Reuters, Colin Nickerson of the Boston Globe, and Sarah Lyall of the New York Times (7/13/05).The consideration given in some nations to elf-habitat has prompted at least one observer to suggest that elves enjoy legal protection, or "elf rights", in both Iceland and Ireland (look for "Do Elves Have Rights" by Jeremy Harte; see also a discussion of elves in the context of a Yale Law School party at the Yale Daily News) One has to consider the possibility that in Iceland, where according to some, 10% believe outright in the existence of elves and more than half think its possible or probable, including the President (opinion poll references shows up in a number of news articles, including those by Soderlind and Nickerson) a judge professing the beliefs expressed by Judge Soro might blend right in.Come to think of it, the Ninth Circuit might want to consider a move as well.
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Lowering the Bar as International Precedent - Religious Tolerance
Kevin Underhill, prominent U.S. lawyer wrote on Philippine Landmark case of Psychic Judge Floro:
http://www.loweringthebar.net/2006/06/l ... he_ba.html
"who would you rather have as a judge: somebody who takes bribes; or an honest guy who happens to have lightning teeth and well-educated spirit friends but can pass the hardest bar exam .."
Lowering the Bar Cited as International Precedent
I mentioned in the "Lowering the Bar" presentation I did two weeks ago that I had heard from Judge Florentino Floro, who I had written about twice before. You may recall that Judge Floro was dismissed (or "separated") from the bench in Malabon City, a suburb north of Manila, after questions arose about his practices of starting court days with a reading from the Book of Revelations, conducting faith-healing sessions in chambers, and consulting three "mystic dwarves" named Luis, Armand and Angel for advice and predictions of future events. As Judge Floro was a judge, that seemed to fall within the scope of this project and I did mention him a couple of times.
Judge Floro emailed me (and a number of others who had written about him) a couple of weeks ago, primarily to thank everyone for writing about his case. He noted that he was appealing his case, forwarded us some pleadings, and was kind enough to answer a few questions. Here's an (edited) summary of the answers:
LoTB: First, what is the difference between a separation and a dismissal? Is it possible you could be reinstated? If so, would you want to be a judge again? Was it fun to be a judge?
JF: Dismissal, under our laws, carries with it perpetual disqualification & DISBARMENT. . . . I believe that the laws are in my favor. But, I cannot tell you what will be their votes. . . . I would want to be a judge [again]. It is not fun, since I am honest. I had to wake up 6 am and sleep at 9pm and week ends I pen decisions; it is nightmare. But, my neighbor judges, they come to court, 10 am, deal only with juicy cases and they put in the backburner the not juicy ones; they play golf, 1 pm. This is not an exaggeration, since their staff and fixers do all the jobs.
LoTB: Second, why did the press say that Luis, Armand and Angel were “dwarves”? Was this a mistranslation of “dwende,” the mischievious spirits believed to reside in anthills (also translated “gnomes”)? Are they truly of small stature? Did they help you with your opinions, and if so, do they have any legal training?
JF: Answer: The names of my spirit guides are Luis, Armand and Angel; they are not the ordinary dwarves, gnomes, leprechauns, vulcans, . . . Luis is the King of Kings of elementals, an angel of God; if you are a Christian, you can read this in genesis,etc. and you can click angels in encyclopedia.com or wikkipedia,etc. . . In Ireland - a Catholic country - they can see dwarfs, but only the ordinary kind. LUIS IS THE KING OF ALL KINGS OF THESE. Usually, they are of small stature, but they only appear to me in the form of lights. TRUTH: I never used the word “DWARVES” in any DECISION, and I never consulted any imaginary dwarf to pen my decisions. LUIS is highly educated.
LoTB: Third, you stated that you were the fifth-best psychic in the Philippines. Who do you think are the top four, and do any of them practice law?
JF: I stated in 1998 that I believe our President Ferdinand Marcos is # 1. . . I specifically have the following gifts: cross of the tongue, lightning teeth, my eyes emit spiritual fires, and my hands emit extreme heat that heals the poorest of the poor (with heat-processed coconut oil). All of us are psychics to a degree but very few can bend spoons. I was gifted with healing, bilocation, exorcism,etc. I graduated 2nd full honors and placed 12th in our 1983 Bar Exams, 87.55% (our Bar exam is the toughest, since many aspirants here who failed 3 x could easily pass your Bar in California, please do not be offended).
LoTB: Fourth, I am very interested to know what verse or verses of the Bible you selected to begin each court day. One report stated that at least on some days these verses were from the Book of Revelations. Is that true, and what are your favorite verses from that Book?
JF: In 1998, when I assumed office . . . I asked them to read the Book of revelations, because it is the hardest book but there it is, ALL. My favorite verses of the Bible are ECCLESIASTES, there the philosophy of life’s uselessness and injustice but God will judge everything done in secret. Also, the psalms, on curses on God’s punishment versus evil.
Judge Floro and I have corresponded a few times now and he seems to be a very pleasant man who is certainly convinced of the justice of his cause. (Judge Floro, please let me know if I've misstated anything in this report.) With his permission, I did talk about him and his case at the presentation a couple of weeks ago. I think it is fair to say that people were quite interested in the matter, although there is probably not much we can do from halfway around the world.
Or at least that's what I thought. In a third supplemental pleading that Judge Floro forwarded me last night, I was a little surprised, but proud, to see that he had cited me as one of a number of worldwide authorities on his case. The pleading starts by reprinting most of an article on the case by Justice William Bedsworth, an associate justice in California's 4th District Court of Appeals, who has his own blog and who frequently publishes articles in the legal papers here as well. Judge Floro also cites (among others) another California attorney, Lester Hardy; David Pannick, a British attorney; Ken Blanchard, a management and business writer (The One Minute Manager); a French blogger; and Che Vaughn, a tarot reader and clairvoyant who shares her home with "a couple of spirits, some shadow people, some black blobs, one homunculus and a cat."
Also, Lowering the Bar, which gets about two of the thirty pages. The posts are accurately quoted, I'm pretty sure, and the biographical information on me (from our firm's website) looks right too -- I have to admit, though, that Judge Floro embellished a bit by describing me as a "celebrated" San Francisco lawyer. My dog is generally excited to see me, but that's about the only celebration I generate.
Judge Floro is asking for reinstatement and about four years' worth of back wages. As best I can tell from the pleadings, his argument is more or less that he should not have been separated from the bench just because of his beliefs, so long as he served his country and Malabon City in a fair and honorable manner. That's a fair point -- who would you rather have as a judge: somebody who takes bribes; or an honest guy who happens to have lightning teeth and well-educated spirit friends but can pass the hardest bar exam in the world? I know my answer.
I have to say though, Judge Floro, I don't know that citing the world's blog posts will add anything to to the heartfelt and very, very lengthy briefing you've already presented to the court. And you should always be careful when using sarcasm in pleadings, especially somebody else's. Also, I think a lot of practicing lawyers would suggest that there is life outside the law, and so maybe this is a good time to follow your dream of being more involved with the horses or the world of horse racing. Having said that, I wish you luck in whatever you decide to do.
June 30, 2006 in International Law, Lowering the Bench, Religion, The Paranormal
