ARIZONA COMMON SENSE

An Exercise in Aggressive, Non-Partisan Political Activism May 15, 2013 Volume 3, Number 1

JUDGE DAVID BURY IS JUST ANOTHER RUBBER STAMP FOR THE GOOD OLD BOYS, SAYS WARDEN In America, the Rule of Law is sacrosanct, and Justice is blind to the identity, and the stature, of all those who stand before her, here in the land of the free and the home of the brave. Or so those who raise their hand to take the solemn oath, walk the marbled halls, wear the black robe and sit on the federal benches in the Evo De oncini ourthouse, in !ucson Ari"ona, would have us believe. Re#ardin# Judicial Inte#rity$ the Judicial ode of onduct states$ %Jud#es, individually and collectively, must res&ect and honor the 'udicial office as a &ublic trust and strive to enhance and maintain confidence in our le#al system.( %A 'ud#e must avoid im&ro&riety and the a&&earance of im&ro&riety)A 'ud#e shall &erform 'udicial duties without bias or &re'udice)A 'ud#e shall hear and decide matters assi#ned to the 'ud#e e*ce&t those in which dis+ualification is re+uired.( ,ee& these lofty &rinci&les in mind- then read the followin# documents filed in .ederal ourt on .riday /ay 01, 2103$ Motion to Disqualify Judge Bury For Failure to Disclose Bias and Declaration of Roy Warden in Support Earlier this year !ucson ommunity Activist Roy 4arden &ublished the followin# two articles$ Is the Tucson Federal Court Judge Shopping in Warden ! Miranda5 "i#a County Bar $d!ises Warden on Judge Shopping%

6rior to submittin# his /otion to Dis+ualify Jud#e 7ury, 4arden read the record carefully, researched the law, and submitted the relevant documents to a half do"en members of the 6ima ounty 7ar and a retired 8u&erior ourt Jud#e. All of them were a&&alled. %Jud#e 7ury9s conduct, is dis#raceful,( one reader o&ined. %Jud#e 7ury wouldn9t have dared to &ull this kind of shit if 4arden was re&resented,( said another. %I wouldn9t want Jud#e 7ury sittin# on any of my federal cases.( As for 4e the 6eo&le and the ri#ht of all citi"ens to e+ual treatment before the law$ !he American Revolution was fou#ht to establish the Rule of Law and to end aristocracy, or the idea that some of us, :%!he Establishment(; by virtue of their social &osition, are more e+ual than others. !his conce&t of e+ual 'ustice in the eyes of the law is &articularly im&ortant when it comes to the ourts and, when definin# the essential relationshi& between 4e the 6eo&le and the <overnment Officials we em&loy to do the &ublic business. =owever, by words and deeds in two cases, Warden ! &arcia and Warden ! Miranda' Ran(in' etc., >. 8. District Jud#e 7ury has shown utter contem&t for the Rule of Law and the &remise of e+uality in America. learly stated case law, the .ederal Rules of ivil 6rocedure and the ode of Judicial onduct expressly preclude a 'ud#e from %dee& si*in#( a &ro?se com&laint as Jud#e 7ury did in 4arden v <arcia and in acce&tin# his &resent a&&ointment to 4arden v /iranda, Rankin, etc. @et Jud#e 7ury went ahead and so acted. %4hen it comes to &rotectin# &owerful s&ecial community interests :A!he Establishment,9 aka Athe <ood Old 7oys9; Jud#e 7ury and other local federal 'ud#es hold themselves above the law they have taken an oath to &rotect,( says 4arden.

And, by filin# his /otion to Dis+ualify Jud#e 7ury for .ailure to Disclose 7ias, ommunity Activist Roy 4arden has drawn a clear line in the sand, to ask the followin# +uestion$ %4hat do you think is more &owerful$ the current %custom and &ractice( of the !ucson .ederal ourts to %railroad( unre&resented &laintiffs and deny them due &rocess, or, the Rule of Law, includin#, 2B >.8. .A CDD, the .ederal Rules of ivil 6rocedure, and the Ari"ona ode of Judicial onduct5( .air enou#h. Let9s see which side wins. Let9s see =ow Lon# >. 8. District ourt Jud#e David 7ury remains &residin# over 4arden v /iranda, Rankin, etc. Roy 4arden roy)arden*hot#ail%co#, !o Re&rint or Re?6ublish, lick +,R,