| Who
Guards An Empty Safe? This
is the reason why the Michigan Judicial Tenure Commission is laughed
at by members of the Michigan legal community...
After StateBarWatch founder Frank Lawrence served Michigan
Judicial Tenure Commission Executive Director Paul Fischer with a
federal subpoena for records, he refused to comply, citing
state-created confidentiality rules.
Eventually, in January 2004, Paul Fisher was ordered to turn over
the records, as the federal district court held "[S]uch
confidentiality cannot impede the legitimate needs of the judicial
truth-seeking process" Click
here to see the court's opinion.
Paul Fischer then appealed the above order and he, again, lost.
This time, however, the Court's decision resulted in a published
opinion. Lawrence v. Van Aken, 316 F.Supp.2d 547 (W.D. Mich.
2004). (Click
here to see the opinion)
After the second federal court order directing the Judicial
Tenure Commission to turn over the records, Paul Fischer still
refused to comply. StateBarWatch founder Frank Lawrence then
threatened to request Court assistance to have federal agents
forcibly remove the records from the Commission's Detroit office.
THE EMPTY SAFE - On May
3, 2004, JTC Executive Director Paul Fischer faxed over an affidavit
indicating that no records exist that fall within the scope of the
subpoena. (Click
here to see this troubling document)
If Paul Fischer's Affidavit really is
true, then why did he require two federal court opinions to be
issued (one of them published), only to then state that none of the
requested records exist? Why create this work for the federal
judiciary? Who guards an empty safe?
If you have information about JTC Executive Director Paul
Fischer, please contact StateBarWatch by clicking
here. |