Equal Justice Under Law
 
— OVERVIEW OF CASE —
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— TULANELINK'S PETITION —
 
"There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice ..."
 
U.S. v. Jannotti,
673 F.2d 578, 614 (3d Cir. 1982).
Tulanelink Video

Prerecorded for the Citizens' Forum on Judicial Accountability on May 15, 2008 in Washington, D.C., and rescheduled for viewing at the International Association of Whistleblowers Conference on May 13, 2008 at the Washington Court Hotel (Judicial Oversight Panel, 10:00 a.m.).

How the lack of judicial accountability allows judges to engage in unlawful conduct under the guise of judicial independence.  A case study of Helen Ginger Berrigan, Judge, Federal District Court for the Eastern District of Louisiana. (See transcript.)


Justice Ira Raab praises the video and regrets his inability to sign Bernofsky's petition.

Petition to Congress to amend the judicial recusal law (28 USC, Sec. 455) to prohibit judges who hold faculty positions at academic intitutions from adjudicating lawsuits in which those institutions are a party.

Petition to the Federal Judicial Center to investigate potentially impeachable offenses committed by the Hon. Helen "Ginger" Berrigan, Federal District Judge for the Eastern District of Louisiana, during her adjudication of cases from 1995 to 2001 with Tulane University as Defendant and Bernofsky as Plaintiff.

Petition to the Judicial Council of the Fifth Circuit to investigate potentially impeachable offenses committed by the Hon. Helen "Ginger" Berrigan, Federal District Judge for the Eastern District of Louisiana, during her adjudication of cases from 1995 to 2001 with Tulane University as Defendant and Bernofsky as Plaintiff.







Progress on Petition for Impeachment

Aug. 19, 2016 Bernofsky's letter and petition of August 17, 2016 is received by the Administrative Office of the U.S. Courts.
Aug. 23, 2016 Judge Berrigan notifies President Obama that she is retiring from active service, thus freeing her seat on the Eastern District of Louisiana bench.  Her retirement is reported by the New Orleans Advocate on September 9, 2016.
Sept. 12, 2016 Bernofsky's letter of September 7, 2016 requesting the opportunity to testify is received by the Administrative Office of the U.S. Courts.
Oct. 11, 2016 Bernofsky's letter of October 7, 2016 is received by U.S. Attorney General Loretta E. Lynch, asking that the Administrative Office of the U.S. Courts respond to his earlier letters concerning his inquiry into Judge Berrigan's impeachment.  The letter is acknowledged and assigned ID No. 3728921 on Nov. 3, 2016.
Oct. 24, 2016 Bernofsky receives an unsigned letter of October 20, 2016 from the Administrative Office of the U.S. Courts advising "that the Administrative Office cannot provide the assistance you have requested."
Nov. 7, 2016 Bernofsky's letter and petition of November 2, 2016 is received by all 19 members of the Judicial Council of the Fifth Circuit, requesting them to recommend that the U.S. Judicial Conference investigate the potentially impeachable offenses committed by the Hon. Helen "Ginger" Berrigan.  The correspondence is acknowledged and assigned Complaint No. 05-17-90013 on Dec. 6, 2016.
Jan. 4, 2017 Bernofsky's letter and petition of November 2, 2016, now designated Complaint No. 05-17-90013, is dismissed by Chief Judge Carl E. Stewart of the U.S. Court of Appeals for the Fifth Circuit.
Jan. 18, 2017 Bernofsky appeals to the Fifth Circuit Court of Appeals for a review of Complaint No. 15-17-90013, and asks the Court to reconsider his initial request to investigate Judge Berrigan for impeachable offenses.
Jan. 18, 2017 Bernofsky's letter and petition of November 2, 2016 is sent to the 6 new members of the Judicial Council of the Fifth Circuit, requesting them to recommend that the U.S. Judicial Conference investigate the potentially impeachable offenses committed by the Hon. Helen "Ginger" Berrigan. 
Jan. 23, 2017 Bernofsky learns that Judge Berrigan will have an opportunity to respond to his petition for impeachment.
Mar. 2, 2017 Bernofsky's appeal of Chief Judge Stewardt's rejection of his Complaint of Judicial Misconduct and petition for impeachment is dismissed without further comment by the Appellate Review Panel of the Judicial Council for the Fifth Circuit.
Mar. 11, 2017 Judge Carl E. Stewart, who along with Judge Priscilla R. Owen is a permanent member of the Fifth Circuit's Judicial Council, is appointed to the Executive Committee of the United States Judicial Conference.  Recommendations for Executive Committee membership are made by the Director of the Administrative Office of the U.S. Courts, to whom Bernofsky's earlier letter and petition of August 17, 2016 was addressed.
May 24, 2017 Bernofsky petitions the U. S. Supreme Court to direct the Judicial Council of the Fifth Circuit, or preferably an alternative federal judicial circuit, to investigate Judge Helen "Ginger" Berrigan for impeachable offenses committed in connection with cases over which she presided during 1995 to 2001, in which Tulane University was defendant.  See: Petition for Mandamus and the initial accompanying Appendix.  As required, copies were sent to all respondents named in the petition, together with a cover letter such as that shown by this example.
June 14, 2017 Responding to the Clerk of Court's requirement that the initial appendix to the petition be restructured into the same booklet format as the petition, a new Appendix was created and resubmitted to the U.S. Supreme Court and Solicitor General, together with the original petition.  Copies of the new Appendix were also sent to all respondents named in the petition, together with a cover letter as shown by this example.
Aug. 7, 2017 The Supreme Court accepts the Petition for Mandamus with the new Appendix, and dockets it as Case No. 17-205.  The docketing notice and waiver forms were then forwarded to all respondents named in the petition as exemplified by this mailing.
Aug. 31, 2017 ►The U.S. Solicitor General, as Counsel of Record for the Judicial Council of the U.S. Fifth Circuit Court of Appeals, informs that the respondents in Bernofsky's Petition for Writ of Mandamus have waived their right to file a response.
►A press release announcing the docketing of the petition.
►Bernofsky learns that Tulane engaged Justice Samuel A. Alito, Jr. to lecture in its law school's study abroad program in Paris and Berlin during the summer months of 2017.
Oct. 6, 2017 Conference scheduled for writ of mandamus.
Oct. 10, 2017 Supreme Court denies writ of mandamus.  No reason, discussion or critique was forthcoming, thus completing the circle of immunity that protects judges from accountability for illegal acts conducted in connection with cases they adjudicate.
Oct. 26, 2017 Bernofsky requests the House Judiciary Committee's Subcommittee on the Constitution and Civil Justice to investigate Judge Helen "Ginger" Berrigan for past impeachable offenses.  At issue is the recent dictum by the Fifth Circuit's Judicial Council that exempts judges from being investigated for prior felonies, a precedent that is manifestly unconstitutional.  Copies of the above Writ of Mandamus, together with a cover letter are sent to all eight members of the Subcommittee.
Nov. 1, 2017 Supreme Court fails to disclose recusals or comments of justices in denying the petition for writ of mandamus.
Nov. 16, 2017 Did Justices Alito, Breyer and and Ginsburg really fail to recuse themselves from voting on whether to accept the petition for writ of mandamus?
Dec. 6, 2017 Senator Chuck Grassley (R-Iowa) re-introduces a bill to create an Inspector General for the Judicial Branch.  A letter of support sent to Grassley reinforces the need for the new regulatory agency.




A TULANIAN VIEW OF MISCONDUCT
(Pause video before clicking this link.)

A WIN AGAINST JUDICIAL CONFLICT OF INTEREST
(A judge's orders in a Vanderbilt University suit are vacated after the judge's board memberhip is discovered.)

IMPEACHING A JUDGE
(Here are the rules.)

CENSORSHIP OF JUDICIAL CRITICISM
(This story was suppressed by The Times-Picayune after publication.)

THE LOCAL PRESS STEPS FORWARD
(An article by The Louisiana Record about this impeachment action.)

CRIMES WITHOUT PUNISHMENT
(This doctrine immunizes miscreant judges from meaningful penalty.)

“NO GOOD DEED GOES UNPUNISHED”
(Destroying a funded research program is simple once you know how.)

IN PURSUIT OF AN INDICTMENT
(The Dept. of Justice is obligated to enforce laws that prevent judicial misconduct.)

IMPEACHMENT DESPITE RETIREMENT
(The U.S. Judicial Conference takes a hard stand against judicial misconduct.)

UNEQUAL REVIEW OF JUDICIAL COMPLAINTS
(Complaints against judges should be reviewed by a court having no direct ties to the accused judge.)

WHY THE SUPREME COURT WOULD NOT HEAR BERNOFSKY'S COMPLAINT
(The justices are prized for the prestige they bring to colleges and universities, and the establishment of relationships
appears to confer an advantage in legal proceedings in which sponsoring institutions are a party.)



Help Balance the Scales of Justice!
 
Censure Judge Berrigan? Send a message to Congress now!
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