DueProcess JusticiabilityDoctri
Whether a Chief Circuit Judge should be required to notify a criminal Defendant once a non-party submits a pre-trial judicial misconduct complaint as an eyewitness to a private chamber meeting with the Prosecution and the Defendant's Probation Officers immediately prior to Defendant's initial appearance resulting in detention?
QUESTIONS PRESENTED This case presents a fascinating issue of first impression at the intersection of constitutional due process and the confidential judicial complaint review process. At issue is a criminal defendant's right to a fair trial when a non-party eyewitness to ex parte communications submits a pre-trial judicial misconduct complaint and neither the ex parte contact nor the judicial complaint is disclosed. The result is a complete breakdown of judicial integrity and an egregious violation of the defendant's rights. Such extraordinary and injurious circumstances warrant this Court’s immediate intervention. The questions presented are: , 1. Whether a Chief Circuit Judge should be required to notify a criminal Defendant once a non-party submits a pre-trial judicial misconduct complaint as an eyewitness to a private chamber meeting with the Prosecution and the Defendant's Probation Officers immediately prior to Defendant's initial appearance resulting in detention? 2. Whether a subsequent Judgment that adds a special condition of supervised release prohibiting contact. with the Defendant's non-criminal spouse/life partner is an unconstitutional restriction of the Defendant's liberty interests and the right to marry? 3. Whether the Judgment in question 2 is “on the merits” or is “in retaliation” when the Complainant in question 1 is also the spouse/life partner in question 2 and the Circuit Executive took custody of the complaint 4 days before trial but waited until after the proceedings concluded to file the complaint with the Circuit Clerk? i .