Tuesday, April 29, 2008

Acitivist Judges Stopped in Cuyahoga County


Two Cuyahoga County judges felt they would champion their cause from the bench. This is what many conservatives call activist judges. Most of the time the "activist judge" tag can be placed on a Democrat judge - but not always.

Regardless of party - judges should not be legislating from the bench!

But here in Cuyahoga County - Home of the Cuyahoga County Bipartisan Party - we not only have an activist democrat judge but another judge masquerading as a conservative trying to push their activist agenda on the residents of Cuyahoga County under the guise of creative sentencing.

Judge Beth Zone, a democrat, and Judge Moan Synenberg, a RINO, have been told by the Ohio Supreme Court's Board of Commission on Grievances and Discipline that their quest to help AIDS patients cannot be done from the bench.

The judges, both members of the AIDS Task Force, intended on issuing sentences where instead of fines the defendants would be forced to buy high-calorie nutrient drinks for AIDS patients.

From the PD --

AIDS patients are in great need of such drinks, like Boost and Ensure, and daily use can be costly.

But the plan, hatched last month by two task force board members - Beth Zone and Cuyahoga County Common Pleas Judge Joan Synenberg - is kaput.

The Ohio Supreme Court's Board of Commission on Grievances and Discipline recommended against the idea, citing possible legal and ethical problems.

The commission did not issue a formal opinion, but its staff counsel Ruth Bope Dangel sent Judge Zone opinions from other state commissions that ruled against judges ordering charitable contributions.

Charitable contributions in lieu of fines take money away from government and court treasuries.


Excercising caution, Zone held up on any sentencing. Synenberg on the other hand could not wait to get started with her judicial activism and made several defendants buy this "gay super juice."
Based on the other states' conclusions, Judges Zone and Synenberg said this week they will not impose the donations. Synenberg had already imposed them in a few cases.

"I'm certainly not going to do it anymore," she said.

Not going to do it anymore?!?!? Yeah right - pretty much like she's not going to donate to democrat candidates anymore! Synenberg should be forced to repay the the court treasuries equal to the amount she imposed on the unsuspecting defendants.

It appears that not only do some of our party members support democrats - they also act like them!

That judicial activism is coming from a so-called conservative judge, especially this one, should come as no surprise. Synenberg is married to one of the more "Klassy" members of the Bipartisan Party of Cuyahoga County aka the Republican Party of Cuyahoga County.

If they want to continue their activism from the bench, I offer the following from the latest opinion of Supreme Court Justice Scalia (Pg. 57) regarding the WV death penalty in which he refutes the activist opinion of Justice Stevens --
This conclusion is insupportable as an interpretation of the Constitution, which generally leaves it to democratically elected legislatures rather than courts to decide what makes significant contribution to social or public purposes.
If these judges want a lesson in creative sentencing - they need to learn from Painesville Municipal Judge Michael Cicconetti.

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