| ► Judge Joseph O’Flaherty of Placer County, CA; scofflaw, moron, ethically inept |
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Judge Joseph O’Flaherty of Placer County, CA; scofflaw, moron, ethically inept
Judge Joseph O’Flaherty unfortunately sits on the Placer County Superior Court located in Roseville, California, which is in the greater Sacramento area.
In 2004, Judge Joseph O’Flaherty was adjudged guilty as a Judicial Misfit by the so-called California Commission on Judicial Performance (CJP) for engaging in the following misconduct:
Judge Joseph O’Flaherty advises jurors that “Perjury is like cool”
During the process of questioning prospective jurors, Judge Joseph O’Flaherty advised them that it was okay to lie (they were under oath at the time) about any racial biases they may have harbored against an African-American defendant.
 On another occasion, Judge Joseph O’Flaherty advised jurors that it acceptable to lie under oath if they held any bias against a defendant who was of Iranian descent.
In the case of the African-American, Judge O’Flaherty told jurors that if they harbored a racial bias that they were uncomfortable admitting too, it was all right for them to “lie” and make up [fabricate] another reason to avoid serving.
Prospective jurors are questioned “under oath” about such things. For a judge to tell them it’s “all right” to lie or fabricate false answers under oath is outrageous. In the case involving the Iranian defendant, Joe didn’t tell the jurors to lie, but said they should “do whatever you have to do to get off the jury” if they felt biased against the defendant because of his race. Again, Joey was advising jurors to fabricate false answers under oath.
Findings of Enablers/Apologists for Judicial Misfits
The so-called special masters ruled, “O’Flaherty repeatedly told the jury panelists to violate their oath; alarmingly unaware of the broader impact those instructions almost necessarily would have on the defendants’ constitutional rights. Such serious inattention constitutes an intentional disregard of the law.”
They call it “inattention to the law” . . . the law calls it “subornation of perjury,” which is a felony.
Unbelievably, the panel concluded that Judge Joseph O’Flaherty “acted in a good faith attempt to avoid seating biased jurors.” How in the hell does a Judge act in “good faith” in suborning perjury by instructing jurors that it is acceptable to give false testimony?
If you or I coached witnesses to “lie under oath”, I’m confident that we would be the recipients of those famous words, “You have the right to remain silent.” However, when it’s a judge, all he/she ever hears is, “You have the right to remain on the bench.”
Judge O’Flaherty conceded at the disciplinary hearing that his actions were wrong; however, in an interview with the Associated Press, he said his conduct did not constitute misconduct. Joe was quoted by AP as saying, “I do not feel in any way that it brought down the image of the judiciary.” What image Joe?
Judge O’Flaherty further asserted that he directed the jurors to lie about any biases so that they wouldn’t have to be embarrassed by admitting they were bigots. Embarrassed for telling the truth?
Judge Joseph O’Flaherty’s so-called punishment
The apologists on the Judicial Commission punished Judge Joseph O’Flaherty by “gifting” him with a “complimentary admonishment.” This only further proves that judges are held to a “lower standard of conduct” they we are.
Judge Joseph O’Flaherty remains on the bench as we speak (ca. Feb. 2010). What a joke!
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