So a bunch of city lawyers got together and said that the outcomes were all legit, aye?

I bet if someone files a lawsuit, we'll be talking about this for a while...

I mean, really, retry all those cases. Of course, it's all legit.

quote:

Originally posted by Flashlightboy:
Meh. She applied for the job as listed, meet all the criteria and didn't misrepresent her status. She's wholly in the clear on this.

There's no allegation that she didn't follow the law like a "citizen" judge, didn't have appropriate judicial temperment or wisdom or otherwise conduct herself like any other judge who takes the job seriously.

You can't roll back her decisions anymore than you could roll back 8 years of Obama if tomorrow you had proof positive he wasn't a US citizen.

There's nothing to see here.

Just because her answers to the process were legit does not mean the process itself was legit.

To the extent that the state has requirements that are independent of the hiring process and were not represented properly by the hiring process, she is has not met those requirements and isn't qualified to sit.

If you have felony on your record, can you be hired as a police officer if that municipality goes all "ban the box" on their applications?

If I was convicted under her via a bench decision, I would absolutely be calling my lawyer up and challenging those convictions.

The question of whether it's her fault or not isn't the same as whether she is objectively qualified to hold that position.

"Young Min Burkett is a permanent resident and eligible for lawful employment, he added.

But U.S. citizenship is a requirement to be a municipal court judge, according to the city’s ordinance."


So.... a judge was unaware of the law and requirements of her city??? And that is OK, again because she didn't mean to lie, she is just ignorant of the law. That's a handy quality in a freakin' JUDGE

quote:

Originally posted by Snapping Twig:
Requirements for being a judge - citizenship.

She was not a citizen, ergo not a judge.

Try explaining why 1 + 1 does not equal 2.

Another example of our country running off the rails.

All her judgements are invalid IMO. She needs to see the inside of a prison.

The job didn't require her or anyone else to be a citizen. The fair application of the law to the facts wasn't done incorrectly as far as anyone knows, on any of her cases.

So what's the remedy? Retry them all? Perhaps but I'm not sure the results would be judicially different if you had citizen judge on the bench.

Before you all get your knickers in knot, ask yourself if the sentances handed out by her were wrong applications of the law to the facts or outside of judicial discretion. I'll venture and say that if you're honest about it, you're just irked by her citizenship status and not that the law was carried out appropriately.

quote:

Originally posted by FenderBender:
So to break this down, a non-citizen was in a position to deprive citizens of their rights by sending them to prison?

She was a municipal court judge, drunks and dog bite cases. Aint no one going to prison in her court. Misdemeanors, municipal ordinances, small claims.

Having been before lots of county judges, cant believe she could be any worse!

From another link:

quote:

However, the Department of Homeland Security Employment Eligibility Verification form, I-9, asks, under penalty of perjury, if the applicant is a citizen, noncitizen national of the U.S., a lawful permanent resident, or an alien authorized to work. The City did not disclose if Judge Burkett filled out the form, how she answered it, or who verified the information on the form.

Whether she neglected to fill out a I-9, or lied, or told the truth, she never should have been placed in the position of municipal judge, which which requires U.S. citizenship. . She should be relieved of her position immediately, none of this "90 day instant citizenship" bullshit. I totally disagree with and can't believe the no big deal attitude in regards to her actions

quote:

Originally posted by Aeteocles:
Put the pitchforks down boys.

The job ad and application didn't indicate that she needed to be a "Citizen." She is a legal permanent resident, authorized to work here in the US. Very few jobs require that you be a "citizen," and it's perfectly reasonable that she wouldn't know that some random municipal rule requires her to have citizenship.

If you went to another country and ran across an ad for a municipal judge position, you would think it perfectly reasonable not to even consider that there might be some random municipal rule that requires that you have citizenship?

quote:

Originally posted by FiveFiveSixFan:

If you went to another country and ran across an ad for a municipal judge position, you would think it perfectly reasonable not to even consider that there might be some random municipal rule that requires that you have citizenship?

If I was a member in good standing of the Bar of that county, yes.

Our country has no problem sending people in harms way that aren't US Citizens, why the sudden issue with a judge?

I think she is blameless in this.

They posted an ad, she applied and filled out the forms.

The forms were not complete, not her fault.

She is a legal resident and can legally practice law.

Not a stretch to think she would think she could sit at the bench instead of the bar.

I really don't see the big difference if she can practice law, and be a judge.

quote:

Originally posted by Southflorida-law:

quote:

Originally posted by FiveFiveSixFan:

If you went to another country and ran across an ad for a municipal judge position, you would think it perfectly reasonable not to even consider that there might be some random municipal rule that requires that you have citizenship?

If I was a member in good standing of the Bar of that county, yes.

Our country has no problem sending people in harms way that aren't US Citizens, why the sudden issue with a judge?

What kind of bullshit question is that?

You're asserting it's OK for a non-citizen to be put into the position of denying/curtailing a citizen's rights to the enjoyment of their property, their time, and other freedoms (association, speach, are just a couple that come immediately mind). That's just plain outrageous!

Government power wielded by a non-citizen from the judicial bench is NOT acceptable, period.

quote:

Originally posted by Aeteocles:

quote:

Originally posted by RichardC:
Investigate the department who hired her. Lets see all their I-9 forms.
Who signed hers?

Being a lawful permanent resident satisfies the I-9 requirements to work here for most jobs. Whoever is signing off on the I-9 is just verifying that the documents checked are real.

Yes. You're correct.
So, Investigate the department who hired her. Lets see all their I-9 forms. ( "All" meaning all the people that department has hired, and theirs as well).

Who signed hers?

If she gets citizenship within 90 days I'll be pissed. Current backlog as of last week goes to those who passed their biometric background check from last June (2016). My wife is waiting patiently for her written citizen test date.

Granted an unfortunate situation.

But this is Texas state law

http://www.statutes.legis.stat...ocs/GV/htm/GV.30.htm

Sec. 30.00006. JUDGE. (a) A municipal court of record is presided over by one or more municipal judges.
(b) The governing body shall by ordinance appoint its municipal judges.

(c) A municipal judge must:
(1) be a resident of this state;
(2) be a citizen of the United States;
(3) be a licensed attorney in good standing; and
(4) have two or more years of experience in the practice of law in this state.

****************
We have been conditioned over the last 8 years to be sensitive and reluctant to ask about a person's citizenship. In some instances the federal govt has ordered you cannot ask about citizenship. Of course this case may have just been one where the city significantly screwed up (obviously they did)

She was appointed and sworn in as a Judge, therefore, for the period of time she was sitting on the bench, she was a Judge.

Her lack of qualifications would have been a bar to her being appointed and sworn in, had it been caught at the time. Her lack of qualifications are now grounds for her removal from the bench, but it doesn't undo the fact that she was, in fact, already a Judge.

Her rulings will still be valid.

quote:

Originally posted by Aeteocles:
Put the pitchforks down boys.

The job ad and application didn't indicate that she needed to be a "Citizen." She is a legal permanent resident, authorized to work here in the US. Very few jobs require that you be a "citizen," and it's perfectly reasonable that she wouldn't know that some random municipal rule requires her to have citizenship.

I don't think it's reasonable, at all, for her to think a non-citizen can be a Judge in this country, passing judgement on others with legal consequences, as a non-citizen. No, no way. Or, she is so unbelievably naive that that alone ought to disqualify her from the position. Who thinks that? I've lived and worked abroad, and never in a million years...

quote:

Originally posted by sdy:
http://www.wacotrib.com/news/a...1e-68c69749bbfa.html

CORPUS CHRISTI, Texas (AP) — Officials in South Texas have placed a municipal court judge on unpaid leave after it was discovered she's not a U.S. citizen.

Corpus Christi Mayor Pro-Tem Lucy Rubio told the Corpus Christi Caller-Times that Judge Young Min Burkett was placed on leave for 90 days with the intention that will be enough time for her to obtain citizenship .

Rubio says the city never asked during the qualification process to become a municipal judge whether Burkett was a citizen, and says Burkett never tried to deceive or misrepresent her background.

Rubio adds that city attorneys have reviewed the matter and determined that Burkett's rulings from the bench remain valid and lawful .

The Caller-Times reports that Burkett did not return phone calls seeking comment. Her nationality is not clear.

***************

Burkett has been licensed lawyer in Texas since 2007.

practice areas: Criminal, Government/Administrative

Really? Every frigging job I've ever applied for required an I-9 Form. Do not government jobs have this requirement?

quote:

Originally posted by 46and2:

quote:

Originally posted by Aeteocles:
Put the pitchforks down boys.

The job ad and application didn't indicate that she needed to be a "Citizen." She is a legal permanent resident, authorized to work here in the US. Very few jobs require that you be a "citizen," and it's perfectly reasonable that she wouldn't know that some random municipal rule requires her to have citizenship.

I don't think it's reasonable, at all, for her to think a non-citizen can be a Judge in this country, passing judgement on others with legal consequences, as a non-citizen. No, no way. Or, she is so unbelievably naive that that alone ought to disqualify her from the position. Who thinks that? I've lived and worked abroad, and never in a million years...

Up until this story, I didn't know that citizenship was required to be a judge. I'm not even sure it is in every jurisdiction. Citizenship is usually not required to work, and certainly not required to pass the bar. I don't even see why it's required--it's not like being a citizen improves ones ability to fairly apply the law.

quote:

Originally posted by tanner:

quote:

Originally posted by sdy:
http://www.wacotrib.com/news/a...1e-68c69749bbfa.html

CORPUS CHRISTI, Texas (AP) — Officials in South Texas have placed a municipal court judge on unpaid leave after it was discovered she's not a U.S. citizen.

Corpus Christi Mayor Pro-Tem Lucy Rubio told the Corpus Christi Caller-Times that Judge Young Min Burkett was placed on leave for 90 days with the intention that will be enough time for her to obtain citizenship .

Rubio says the city never asked during the qualification process to become a municipal judge whether Burkett was a citizen, and says Burkett never tried to deceive or misrepresent her background.

Rubio adds that city attorneys have reviewed the matter and determined that Burkett's rulings from the bench remain valid and lawful .

The Caller-Times reports that Burkett did not return phone calls seeking comment. Her nationality is not clear.

***************

Burkett has been licensed lawyer in Texas since 2007.

practice areas: Criminal, Government/Administrative

Really? Every frigging job I've ever applied for required an I-9 Form. Do not government jobs have this requirement?

An I-9 form just verifies that someone is eligible to work. Non-citizens submit the I-9 forms, same as everyone else--they just mark a different box.

Nobody is saying she didn't fill out an I-9. Nobody is saying she lied about being a citizen. What's happening is that nobody knew she had to be a citizen to be a Judge, and everyone just assumed that her being a lawful permanent resident was enough. Her I-9 likely showed that she was a lawful permanent resident, but nobody cared until now.

Do other counties let non-citizens become judges in their legal systems? I've no idea, but it seems like an absurd idea. Application smaplication, it simply nonsensical from the get-go.

Do Democrats get to participate in how the Republicans nominate Primary candidates? Do Ford board members get to vote in GM board meetings? You see the trend here?

In the same way those Turkish goons have no business meting out ass whippings/justice on American citizens, she and any other non-citizen have no business, at all, doing it here.

Want to be a part of the American legal system, a Judge even? Sure.

Step 1 - and an enormous "no shit" sort of Step 1 - be an American.

The rest is irrelevant, and there's no way those cases should stand, IMO, as they were poisoned from the beginning, no matter how fair or reasonable they were carried out.

quote:

Originally posted by Aeteocles:


Up until this story, I didn't know that citizenship was required to be a judge. I'm not even sure it is in every jurisdiction. Citizenship is usually not required to work, and certainly not required to pass the bar. I don't even see why it's required--it's not like being a citizen improves ones ability to fairly apply the law.

I am under the impression that citizenship was required for the CA Bar until fairly recently.

I recall being unhappy to learn that a previously illegal alien was to be admitted sans citizenship. Am I misremembering?