Saturday, January 7, 2012

Maryland Courts on Trial

Maryland Courts on trial

Maryland has a rich history of corruption amongst its political elite. A single internet search revealed 729,000 references. Assuming half were redundant, that is an exceptional amount of corruption in this small state. No level of government official has been spared the judicial hammer. Maryland had the distinction of harboring a Vice President who went towards the dark side. A Governor whose conviction for political ineptitude continues to be a point of contention among those who study political history, served a brief time behind the iron curtain. Numerous state legislators, county executives, judges and other officials ordained as guardians of this state have found themselves in a cold jail cell. Many who were well connected escaped prison and incurred minor public admonishments, but they were criminals nevertheless.  No one was surprised that many of these uncouth characters were lawyers from the lowest depths of this profession. The past has a way of repeating itself and Maryland has a notorious one. Years have come and gone since Agnew fell from grace, yet the corruptive proclivities of the politically empowered have not diminished. In the event that Game Theory has any basis, Maryland elites have wired its systems replete with obstacles that keep the average citizen at bay, while strengthening their own positions. Maryland’s system of Courts, those judicial forums that keep us all protected from the bad guys, may actually have intrinsic problems of their own. Costing hundreds of millions of dollars to maintain, as reflected in the state budget cost centers, these Courts display a blatant bias for some while promoting the activities of others. Legislating from the bench has become a regular phenomenon for the Appellate Courts. Judges in these domains churn the law dispensing injustice to those who come before it for relief. Startling to some who read these words, we have dishonest judges in our ranks. They are maintained in their positions by a behind the scenes network of judicial rank and file who deflect any criticisms that come their way. My encounter with a three judge panel in the Court of Special Appeals is noteworthy for the type of justice Maryland’s 24,000 physicians can expect from these Solomonic minimalists. This high Court’s only reason for being is to determine if a lower authority’s judgment was correct. In order to function, they must know Maryland law thoroughly.

       In case number 2587, September Term 2009 Maryland Board of Physicians v. Mark Davis the Court of Special Appeals Judges were either unfamiliar with the law or they outright lied in their determination to give the Medical Board a win. In a scathing report generated by the Maryland Legislature against the Maryland Board of Physicians, this 161 page document delineates how a unit of government trampled on physicians rights denying them due process in order to remove their medical licenses. Assuming the three Judges had the capacity to analyze critical information, there was only one conclusion they could have made in this case, that the Maryland Board of Physicians lied to them. Yet, they looked passed all the facts of the case and legislated from the bench to deny a physician his license. Subsequent to their decision the Legislative report appeared which affirmed all the data Mark Davis MD presented to the Court. Perhaps the Appellate Courts are required to find for state administrative authorities even when the facts are against them. Or maybe there is a simple agenda that all upper Court Judges must follow, the state wins the citizen loses. Dishonest judges may not be called criminals, but they victimize people just as much as the purveyors of filth do on the streets of this great state. Corruption at the highest levels of government that would make Al Capone blush is business as usual in this Court. Many physicians have come forward with parallel issues as I noted here. Let us hope some in Maryland State legislature sees these words and helps this body regain its authority from the bench that now challenges them. Mark Davis, MD author of Demons of Democracy,

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