Wednesday, November 9, 2011

In North Carolina, judges are elected to 8 year terms. Therefore, our only opportunity to get rid of the bad ones is during the election process. Superior Court Judge Richard Allen Baddour, Jr. arrogantly bends and breaks the judicial rules of conduct with no consideration of how his decisions affect the lives of those before him. Earlier this year the litigants met to address criminal contempt for failure to pay a judgment. As the criminal defense lawyer began to speak, Baddour declared that despite the previous judge's order to show cause as to criminal contempt, he was going to decide this as civil contempt! Despite the people of North Carolina having to pay a criminal defense lawyer to represent an indigent litigant, he was going to decide this as civil contempt. Despite the movants' failure to obtain a Show Cause Order, he'd let them get a do-over and come back later in the month. (gotta help a buddy out you know!) Despite the evidence being an affidavit sworn by Partrick, and he not being in attendance to be cross-examined, Baddour granted the Show Cause Order. The attorney, having been licensed only 6 months, arrived to defend criminal contempt. Baddour tells him, "argue both criminal and civil!" Unprepared, he did the best he could. The elements of criminal contempt were not present, so Baddour wanted to go with civil contempt! Surprise, Surprise...he finds the Plaintiff (he kept saying "Defendant"...telegraphing his mindset) guilty of willfully failing to pay the judgment, despite the fact the judgment had been on appeal and despite the fact the litigant had paid a partial payment after his appeals had been exhausted. When the attorney brought this to Baddour's attention, he agrilly stated "You didn't show me any evidence of a payment!" The attorney coward instead of saying "You can ask Mr. Kesler here if he received a payment!" Baddour ruled, gave the Plaintiff 45 days in jail (stayed) and ordered he begin making payments within 4 days. Essentially, the Plaintiff was found guilty of having the nerve to appeal a judgment! As they left the courtroom, Kesler, smiling, quietly handed the Plaintiff his previously sent money order back. During the time of that extra-judicial disgrace, Baddour, owed over $7,000 in UNPAID taxes! His financial challenges known, only to the state, himself and his family, but when faced with litigants that come before him with even more significant financial sitiuations, he exercises an extreme double standard and does so with the arrognace that masks what should be a knowing solidarity. Baddourisms: If a person is 50% disabled, then he is 100% able bodied half of the time! Huh? If a landlord let you pay rent late last month, due to a unexpected hardship, but you had to pay that rent together with this month's rent...then that means the landlord will let you go for 6 months without paying, while you pay a judment. WTF? This must be that fuzzy math we hear so much about. We have to wait until 2014 to relieve ourselves of this burden, but we need to begin now to get out the word! Show Baddour the Door!

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