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April 26, 2005

Is Judge Greer actually a judge?!?

New York State's North Country Gazette is reporting that there no documentation to show that George Greer, the Florida state judge who ordered Terri Schiavo to be tortured to death, is actually in office legally.

Based on public records, George W. Greer failed to qualify for office. No appointment of campaign depository and statement of judicial candidate was improperly filed prior to the qualifying period prohibiting him for running for election and he was not legally an incumbent for the retention election as he had not qualified for the 1998 election.

Additionally, neither the loyalty oath filed by Greer in 1998 or 2004 is in the proper form. According to a 1996 Formal Opinion issued by the Florida Attorney General’s office and later supported by case law, the form of the loyalty oath is mandatory and may not be altered. It is a prerequisite to qualify for office and if the candidate fails to file the requisite oath in the proper form, he fails to qualify and his or her name SHALL NOT be printed on the ballot.

By law, Greer’s name could not appear on either the 1998 ballot OR the 2004 ballot and therefore he failed to comply with state statutes and was not legally elected to office and could not perform the duties of the office, including conducting the 2000 trial in the case of Schindler v. Guardian of Schiavo and in issuing any of the orders which resulted in the death of Terri Schiavo.

Sounds great, and I hope this pans out and Greer is charged with murder, but so far this is the only source for the information and the North Country Gazette doesn't seem to be all that up on the law. On their main page they make the threat, “In accordance with Fair Use of Copyright: WE FORBID ANY REPRODUCTION in part or in whole of The North Country Gazette.”  The Fair Use Doctrine, Title 17, Chapter 1, § 107 of the US Code, allows no such exclusion, so their threat, regardless of what they say, is not “in accordance” with the Fair Use of Copyright.

The author of the piece, June Maxam, appears to have made nit-picking the qualifications of elected officials her specialty. Not that there's anything wrong with that, or that it changes the story any, but she does appear to have some experience in sniffing out violations of election laws. She also appears to be the editor of the North Country Gazette and is also co-publisher of the Empire Journal. I've been impressed with the coverage at the Empire Journal, but then again, they have the same silly Fair Use notice as above. They also have the following notice that I copied and pasted here:

Due to the obvious out right theft and plagiarism of our copyrighted work, we have had to completely lock out the copy and paste ability on articles. We're sincerely sorry that some people will not give a link, attribution, and have claimed our work as their own. In short a few have spoiled it for many. This theft has become such a problem we had no alternative.

So, apparently their web scripting skills aren't all that great either.

They've been covering some fascinating aspects of the Terri Schiavo case, and I hope they continue, but I also hope they tidy up their site some.

...meanwhile...

After all the posturing about the runaway judiciary, after all the trouble of making a law to allow the Schiavos to have their case tried in Federal Courts, Congress has no intention of holding the judges that defied them, responsible for violating the law.

According to AP, a spokesman for Rep. Lamar Smith of Texas, who heads a Judiciary Committee subcommittee that oversees courts, says the Congressman has no hearings scheduled on Terri's judges.

U.S. District Judge James Whittemore twice went against Congressional legislation that required halting Terri Schiavo's painful starvation death. The measure also allowed Terri's parents to have a complete federal hearing on the merits of their lawsuit, which Judge Whittemore also ruled against.

Meanwhile, Circuit Court Judge George Greer also came under fire for ignoring Congressional subpoenas seeking to protect Terri and reauthorizing her death.

Actions speak louder than words, and our votes should speak loudest of all. We need to let these elected officials know that they will be held accountable for their inaction.

Coverage: Teknosis

Posted by Danny Carlton at April 26, 2005 10:41 AM

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Comments

I had contact with June she was upset. I send her a heads up on a story related to terri, that I hadnt seen on her site, turns out the story I sent her from a canada paper was plagurized, from an article she had which was a long article. Canada just snipped out the center of it and made what was an article with 2 ideas ( or topic points ) into just one. I hadn't seen it b/c I hadnt read the "whole" original article @ TEJ ( kinda long , im short on time). She showed me the 2 articles and the blatant verbatim writing, without a link back or mention of TEJ. There is also some restructuring going on @ TEJ as well. Can't say I blame her for it, canada should at least give credit where it is due.

Posted by: kc at April 26, 2005 03:20 PM

I understand that, but the warning on their main page seems to discredit their grasp of the law. It may just be an attempt at scaring people into not stealing their stuff, and they know it stretches things. Credibility is a tenuous thing on the internet and I was disappointed that they were willing to risk that for a scare tactic.

In all honesty, their new web design will go much further in intimidating plagiarists than any pseudo-legal warning. It looks very professional (the web design) whereas the old design, as well as the Empire Journal design, looked a bit amateurish.

Posted by: Danny Carlton at April 26, 2005 04:46 PM

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