A response for Shelley Luthor.

I wrote this on my blog…

Today I went to the Texas State Commission on Judicial Conduct’s website and put in a complaint for Judge Eric Moyé. Here’s  the text of my complaint. I would urge others to do the same, please be respectful and accurate on the points.

I am writing to complain about the misconduct of Judge Eric Moyé in regard to the Shelly Luther case. The original stay-at-home order is non-binding as it is not effective law, especially since it is unconstitutional in nature vis a vis the First Amendment. An injunction based on an illegal order is still illegal, therefore Ms. Luther has no obligation to obey it. So she was well within her rights as an American citizen to disregard and run her business.

As to the judge’s conduct, under what statute of law and in what sentencing guidelines is there an option for a sitting judge to put someone in jail because the defendant’s “actions were selfish, putting your own interests ahead of the community in which you live.” As a general rule, that’s what everyone does, by living their lives for themselves and their families, no one lives their lives “for the community” that is outright Stalinist. He continued, “ you disrespected the orders of the state, the county and this city!” This is not an actionable offense, there are many people that often show disrespect for laws, for the flag, the country, etc. However, we do not jail them, period. This shows his judicial temperament is unsound and should be removed from the bench alone, however I will continue.

He states that “the defendants, although having been given an opportunity to do so, have expressed no contrition, remorse or regret for their contemptuous action.” This is also not an actionable offense, it is not illegal, nor applicable, to require to show contrition in disobeying an illegal order. Lastly, and most tellingly, he demanded the defendant “I want you to apologize for being selfish.” This has so much to unpack. It is not selfish to want to feed her children, to want her employees to feed their children, so I propose this judge have all his means of feeding his children during this crisis. However, let us assume I concede the point that she is being completely selfish, that is still not actionable either criminally or civilly. This entire case shows he does not have any credentials to be hearing cases.

So she’s been sent to jail, not a suspended sentence or probation, a complete over-reaction to the facts of the case that has lasting repercussions. Assuming this matter stands, anyone can be sentenced and jailed for having personal motivations instead of communal concessions. That when brought forth before a clearly biased judge the facts of a case are not considered, the motivation of the accused is not entered to mitigate the sentencing but instead by not showing the prerequisite amount of groveling a sentence is given that is well out of proportion to the “damage to society” that a sentence is supposed to mete out.

And finally, assume for the moment she is released this moment. Because actual criminals are being released on fears that in such a confined space that covid is flourishing, since she was put into that environment she must now be forced to quarantine for 14 days, which I believe was the ultimate intent of the judge, to plow over her field so to speak. He ends to be removed immediately. [Link to my blog.]