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MontanaState83

05/16/20 10:29 PM

#274167 RE: postes #274165

And there are mountains of evidence. The more I read Singers brief the more convinced I am that Du either; 1) had her mind made up before trial even started or 2) was completely incompetent to be presiding over this case.

Even setting aside SC, there was no prior art suggesting anything was obvious as no studies were on TG>500

postes

05/16/20 10:46 PM

#274172 RE: postes #274165

Misconduct not conduct

marjac

05/16/20 10:47 PM

#274173 RE: postes #274165

postes,

Well I guess there is a first time for everything. Specifically, this appears to be the first time that you and I have ever disagreed in this forum, as we are almost always in lockstep.

There does not have to be misconduct. Under these rules of procedure, I do not think there is any evidence supporting the type of misconduct allegation that would not be subject to dismissal.

Rather, any complaint that I would put my name to, would be filed under the separate grounds of "disability". Rule 4 defines disability in pertinent part, as a "temporary or permanent impairment, physical or mental, rendering a judge unable to discharge the the duties of the particular judicial office .... Examples of disability include .... impairment of cognitive abilities that renders the judge unable to function effectively."

So the question presented, and basis of the complaint would be whether the tragic losses of her husband and stepson in such a short period of time, rendered Judge Du disabled as defined by Rule 4?

Upon initial review, I find the question to be very interesting, although I am not opining at this time, whether such a claim would ultimately be successful.

Meowza

05/16/20 10:55 PM

#274175 RE: postes #274165

Hell of a non sequitur that immediately went nowhere.

Otherwise I agree with much of the rest of your post. Her decision was pretty bad, may even be taught in law school patent classes in the Annals of Oopsies. But she's not going to get punished because her husband and stepson died. That's just cold.