Appellate Circuit

Democratic Members of the Senate Judiciary Have Suggested Judge’s Luck and Lagoa’s Non-Recusal Violates the Code of Conduct

The judges participation in the Fl. case appears to violate the code of conduct for United States judges the 10 democratic senate judiciary committee members wrote.

LIT COMMENTARY

The Senate Judiciary Committee now relies upon the oaths and statements of the judges from their confirmation hearings to suggest 3 Judges recuse. LIT’s understanding is that Brasher already did so, thus leaving Judges Luck and Lagoa. The Burkes’ short experience in both the Fl. S.D. court and the Court of Appeals for the Eleventh Circuit has been a total disregard for the law to suit their own agenda(s).

Indeed it was while investigating 11th Cir. Judge Jill Pryor that newly and expressly appointed Trump judge Robert Luck caught our eye when at oral arguments alongside Jill Pryor and now Chief Judge William Pryor, he literally called out the lawyers for fraudulent transfers and then none of the panel took any further steps to correct the criminal acts of these lawyers over-inflating legal fees to benefit themselves and their client(s). You can read the whole story, documented here.

The Burkes have documented their many issues with the recusal process and the judiciary going silent for long periods as it works on related cases to see if it can ‘fix the errors’. It’s horrible. This week a 3-panel reconsideration came back from the 11th Cir. signed by 2 judges, neither of whom were the assigned panel members.

Judge Jill Pryor’s second recusal request by the Burkes remains outstanding, yet by their actions, the 11th Circuit seemingly replaced her with Judge Branch, without informing the Burkes.

Then there’s the silence over the perjury by S.D. Fl. Judge Marra in the Burkes complaint, which has been submitted via ecf and followed up, but there is no repsonse.

And finally, there’s the decisions in the orders, which do not follow the FRAP rules or the due process clause.

All this can be attributed to one fact; it’s a rogue court.

The Democrats on the Senate Judiciary have touched the top of the sealed can, now they should invest in a can opener and what they will uncover will truly shock them. The Burkes’ case should be their starting point. Stop #ElderAbuse and #StopTheSilence.

Judge Elizabeth Lee ‘Liz’ Branch’s Order Regarding the Rules Pertaining to the CFPB’s Certificate of Interested Persons is Scandalous

Pressure builds to remove justices in Florida felon vote case

Ten Democrats who sit on the U.S. Senate Judiciary Committee urge the removal of Judges Barbara Lagoa and Robert Luck from a case before the 11th U.S. Circuit Court of Appeals involving felon voting rights because they were previously involved in the case’s litigation.
July 23, 2020

LAGOA, BARBARA

LUCK, ROBERT J.

TALLAHASSEE — Two former Florida Supreme Court justices appointed to a federal appeals court by President Donald Trump are facing increased pressure to step aside from a voting-rights case that could decide whether hundreds of thousands of convicted felons can cast ballots in Florida this fall.

Democratic members of the U.S. Senate Judiciary Committee this week accused Judges Barbara Lagoa and Robert Luck of judicial misconduct and reneging on pledges they made before their Senate confirmations to the Atlanta-based 11th U.S. Circuit Court of Appeals last year.

The judges’ participation in the Florida case “appears to violate the code of conduct for United States judges,” the 10 Democrats on the committee wrote in letters Tuesday to Lagoa and Luck.

The letters are the latest salvo in a high-stakes challenge to a 2019 Florida law requiring felons to pay “legal financial obligations” associated with their convictions to be eligible to vote.

The law, approved by Republican legislators and signed by Gov. Ron DeSantis last year, was aimed at carrying out a 2018 constitutional amendment that restored voting rights to felons “upon completion of all terms of sentence, including parole or probation.”

Plaintiffs who challenged the law alleged that linking voting rights with finances amounts to an unconstitutional “poll tax.”

Siding with the plaintiffs, U.S. District Judge Robert Hinkle ruled that the state cannot deny voting rights to felons who are “genuinely unable to pay” their court-ordered debts. In a May decision cementing a preliminary injunction he issued last fall, Hinkle repeatedly referred to the 2019 statute as Florida’s “pay-to-vote law.”

Lawyers for the DeSantis administration, however, maintain that the law properly carries out the constitutional amendment and its supporters’ intent.

DeSantis appealed Hinkle’s ruling, and in an unusual move, the 11th Circuit agreed to what is known as an “en banc,” or full court, initial review of the case. Three-judge panels nearly always conduct initial reviews of appeals.

The appellate court also put Hinkle’s ruling on hold and scheduled oral arguments in the case for Aug. 18, the same day as Florida’s primary elections.

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Democratic Members of the Senate Judiciary Have Suggested Judge’s Luck and Lagoa’s Non-Recusal Violates the Code of Conduct
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  1. Pingback: Senate Judiciary and Code of Conduct Snubbed by Judges Lagoa and Luck as they Refuse to Recuse in Florida Voting Case - LawsInFlorida.com

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