I.inTRO
I saw a ripof report here about Special Judge Allen J. Welch, Jr. I was not surprised. Everyone should look at www.courthouseforum.com. Judge Welch has been voted, so far, the worst Judge in Oklahoma. He leads the pack with an impressive 393 votes. The next closest judge is his boss, Judge Vickie L. Robertson, the presiding judge.
I-b. Moral example set by judge welch's leaders
(DIGRESSION FOR BACKGROUND UNDERSTANDING: She narrowly won her re-election bid (challenged by a young, unknown), which was so close a hand re-count had to be concluded before she took office. Immediately upon taken office by the skin of her teeth, Judge Robertson was promptly voted the Presiding Judge by her peers. Whereupon she did not take any action regarding a 2005 Grand Jury report recomendation as to procedure of probate cases. However, some 22 months later, after Judge Graves wrote a letter to the Bench & Bar Committee (responses to proposed rule changes were requested from all judges) wherein he expressed his opinion that the homosexual agenda should be advanced through legitmate legislative means or not at all, she promply demoted him from the position of District Judge to supervising the probate docket. Judge Graves decension to the probate docket marks the first time in the history of Oklahoma County that a District Judge was assigned there. Some say that Judge Robertson is gay and that her actions were retaliatory. I don't know if she is gay, but she did cite the 2005 Grand Jury report as the reason for moving Judge Graves. That is not even plausable, or she would have done it when she took over as presiding judge. She either was incompetent because it took her 22 months to execute responsive administrative action; or she retaliated against Judge Graves. You decide.)
The point is this: Judge Welch has been voted the worst judge in Oklahoma (and some where within the top worst 20 judges in the United States - including all jurisdictions and territories). Wow! That is significant. The real significant thing is that there is nothing you and I can do about it! Read the grades (an "F") and comments on courthouseforum.com by typing in Judge Allen J. Welch, Jr. Read the consumer complaints that prompted me to write this one. Make up your own mind about his performance, impartiality, abuse or not of power, gender or race bias etc.
Ii. How it works
The problem is that Judge Welch is not answerable to the public. That's right! The Oklahoma Supreme Court Judges are appointed by the Governor, confirmed by the senate and serve for periods of "good conduct" (which is defined by other lawyers and, essentialy, means life). The Civil Court and Criminal Court of Appeals are also appointed, but they endure a "retention ballot" every six years (we got to vote to keep them or not and a majority of "no" would remove them - almost impossible). The District Judges serve as County Trial Judges and are elected every four years. The Special Judges, like Judge Welch, are appointed by and serve at the pleasure of the District Judges.in other words, Judge Welch will never answer for his performance, decisions or conduct to the Oklahoma People! The only way to get attention and make a difference is to get media attention on negative actions to bring political pressure on those District Judges who appoint Special Judges for their own political agenda! THe District Judges know that the Special Judges cannot be held accountable and use them for just that purpose.
Iii. Welch's ascention to unchecked power
Judge Welch has never "worked" for a living. He has been collecting your tax dollars his whole life. He started collecting them as an orphan... Left by his parents. Then on scholarships because he seemingly did not get the same chance as the rest of us. Then as a DHS employee; then as a Bar Employee where he was a student of Dan Murdock (the recently pled guilty of some sexual crime General Counsel of the Oklahoma Bar); then as a Special Judge.
Iv. Failure to follow or even know the law
He does not appear to know the governing law. Recently, he issued an order permitting expert testimony when the party presenting the expert had not providing opposing counsel with the expert's opinion before trial. While that may not make sense to some non-lawyers, essentially, he either did not know the law required disclosure so no one was ambushed; or he just chose not to follow the law. There is something called Rule 15 of the Rules For District Courts. It was passed by the Oklahoma Legislature and applies to every court in Oklahoma. However, on a regular basis Judge Welch ignores that rule. The rule is intended to ensure fairness on trial issues. It requires each party to do certain things in a certain order and by certain times in order to ensure fairness and justice. Judge Welch simply ignores the rule. He has no legal authority to do so. On the contrary, the law is clear that it applies to the proceedings that Judge Welch governs. No one can do anything about it. If a lawyer complains they will be subject to judicial retaliation - not just from Judge Welch, but from all Judges; if a litigant complains they will just be viewed as "having an axe to grind." There is no relief because Judge Welch is not answerable to the people. Judge Welch is simply free to and certainly does follow only those laws he likes. Judge Welch is permitted to and does pick and chose what law he follows - how and when it suits him. This is a disgusting state of the law, but it is true!
Judge Welch has repeatedly failed to apply Rule 15, even when asked to do so. Why? He can simply ignore a legislative mandate with impugnity! Wow! Isn't that nice? Now that is abuse of power if I've ever seen it!!!
V. Solution
Judge Welch cannot be held accountable by the people. The people who appoint Judge Welch can be held accountable by the people. The only recourse we have is to come out and stand heavily against those who support and promote a Judge that either doesn't know or doesn't follow the law! A Judge is presumed, under Oklahoma law, to know the law. If this is true, then Judge Welch simply choses not to follow it. According to the Judicial Cannons, a Judge is "required" to know and be competent in the law. Perhaps we could suggest that the District Judges give Judge Welch a test on procedure and evidence? From what I have seen, he would fail badly. We would then know - is it he doesn't know, in which case we need to teach him; or is it he knows and just choses to ignore the law when the law is unconvenient for him! In any event, this issue needs media coverage. Media outlets are usually not interested in this type of story - it isn't sexy and doesn't sell news. However, the people of Oklahoma County need and deserve an answer - does he not know the law; or does he just not follow it? Either way, the people of Oklahoma County deserve better!!! Help those judges that have integrity help you! Calling the presiding judge will do no good - they will close judicial ranks to protect Judge Welch. Call your state representative; or state senator. Calling the bar will be equally useless since they "police their own" and he worked there for 10 years. That would be like asking a fox to inspect the henhouse! The point is CALL SOMEONE! DO SOMETHING - HELP TO ENSURE THE PEOPLE OF OKLAHOMA ARE NOT ROBBED OF JUSTICE BY THE BLIND OR IGNORANT!
Josephinethelawyer
Oklahoma City, Oklahoma
U.S.A.
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