Recently I wrote an “Open Letter to Judge Sasser.” Unfortunately, the intent of that letter has been misconstrued. I did not intend to imply that I was against Judge Sasser. I do not agree with all her decisions, but I believe Judge Sasser is developing into a good judge, possibly a great judge. Further, I do not agree with the repeated attempts to recuse her based on a perceived bias due to the type of investments held in her portfolio.
Fundamentally I do not agree with the act of recusal as I do not see the point. Say you have successfully recused Judge Sasser, what now? Is there a better alternative? To my knowledge, no one has suggested one. Truth is you may get something worse.
Judge Sasser has heard hundreds, if not thousands, of cases in the last year. Though I don’t agree with all of her rulings, I don’t see that she is any more bias than any of the other judges whom I have appeared before. In fact, in my opinion she is fairer than most judges.
In the case of Judge Sasser, I think there is a fundamental disconnect between why Judge Sasser is being targeted oppose to any other judge in Florida. On this blog and elsewhere, it has been reported, and can be verified; that Palm Beach County’s Investment portfolio, along with the State of Florida’s Investment Portfolio, is loaded with GSE mortgage backed securities and Collaterlized Mortgage Obligations. Which brings the question; does the performance of these investments affect county and state pension plans and payrolls? Many judges have spent years on the bench and depend on their pensions for retirement. So if “portfolio” is the foundation of recusal, then every judge should be the subject of recusal. Yet, only Judge Sasser is being targeted. Why?
Furthermore, Judge Sasser does not hear all of the foreclosure cases in Palm Beach County. There are other judges who hear the motions for summary judgment and other special set hearings. And let’s not forget, the Rocket Docket held in courtroom 6J where unrepresented defendants are given 60 days to mediation and 120 days to the sale of their homes. The rocket docket judges up there haven’t realized that mediation does not work when the Banks know that the defendants’ home will belong to them in 120 days. My point is that none of these judges are being asked to recuse themselves. Why?
I can also point to a number of judges in different counties that consistently make rulings that I maintain are far worse (and more bias) than Judge Sasser but these judges don’t seem to be getting the same attention. Why?
Judge Sasser has only been on the bench for a short time compared to other judges. She took on a situation which is overwhelming all the court systems throughout the country. She reads all the motions. She reviews all the paper work. She is always willing to read additional case law that is handed to her. She is always prepared. Most judges that I know do not read the motions or come prepared for the hearings. Consequently, I would suggest that the best course of action is to allow Judge Sasser to continue to develop as a judge.
Maybe I am a bit over optimistic. Nevertheless, from what I have observed over the last year, Judge Sasser has made a good start. My point: Simply because a judge has certain investments, does not necessarily mean the judge cannot make rulings based on the law – in other words, be unbiased.
Yes, we should be winning our motions to dismiss because these complaints do not state a cause of action. Yes, these affidavits submitted in support of summary judgment are pure, unadulterated hearsay and should be stricken. Yes, these Assignments of Mortgages drafted and signed by the Plaintiffs’ attorneys and employees are likewise suspect – not to mention a conflict of interest. And, Yes I don’t believe that the Plaintiff Banksters can prove ownership of these Notes. I don’t believe that the Plaintiffs know who owns these Notes.
Floridians and Americans have been the victims of a massive ponzi scheme perpetrated by the banks and these REMIC trusts. The more we expose these frauds the more the judges will be forced to see what we, mortgage defense attorneys, see every day – fraudulent documents; affidavits signed by individuals who change their employments as often as they change their signatures; forgeries, falsified documents and blue notes made from color copiers but passed off as originals. The purpose of this Blog is to expose these frauds. This office currently works directly with the Florida’s Attorney Generals Office, the FDLE and other organizations, and will continue to do so in the future. As the evidence mounts, all the judges will hopefully come to realize that nothing presented to the court should be taken at face value. What the really good mortgage Defense Attorneys want is justice; the opportunity to prove their Client’s case; and, the rules of evidence and civil procedure followed.
Recusal of a sitting judge is not an action I support.