THIS MISCONDUCT CASE WILL BE FILED WITH THE US SUPREME COURT JUDICIAL CONFERENCE ISSUE Did Hon. Judge Barbara Crabb, a white female, commit a judicial misconduct when she dismissed a Black male’s lawsuit because she believed Black males were intellectually inferior to Whites and therefore the Black male could not beat Whites in a written state exam to deserve appointment to supervise Whites? B. STATEMENT OF THE CASE This misconduct case has a long history. Here is what preceded this misconduct case. Pastori M. Balele, a Black male, worked for the State of Wisconsin and wanted to be promoted to a supervisory position. The State of Wisconsin has two types of positions. One type is called unclassified positions and other type is classified positions. With unclassified positions, which are actually political positions, the governor or his immediate assistants, can appoint anybody regardless of qualifications. On the other hand to be hired or promoted into Wisconsin classified positions, applicants have to take exams. Experts in the State of Wisconsin Division of Merit Recruitment and Selection (DMRS) develop and review exam questions to ensure are job related. Way back a classified supervisory position became vacant in the State of Wisconsin Department of Administration (DOA). The position supervised 6 people - all White people. Unaware the position was reserved for Whites only, Balele, along with other people, all Whites, applied and took exam for the position. As a process, the exam responses were scored blindly by a team of experts. Applicant’s raw scores were then sent to DMRS to be added, tallied and ranked. Balele somehow scored 93.08%. That score ranked him highest or No. 1 on the exam. Exam rankings were printed on slips and sent to applicants. When Balele got his score slip ranking him No. 1 or highest, he rushed to Jan Hamik, his supervisor. Jan was a White female. Balele showed his score to Jan. Balele then asked Jan to hire him as all other people who had ranked No. 1 had been treated. At that time people who had ranked highest were all White people. Jan Hamik became red with shock and dropped everything. She said: “Pastori, do you know what you’ve done? So you want to supervise White people. Don’t know just a few years ago my husband and I, while in the military in the South, we used to give left-overs to Blacks - and you want to supervise White people now? I have to talk to departmental legal counsel. This is a very serious matter.” She left Balele in her office and rushed to the DOA legal counsel, Ed Main, a White male. Wondering why Jan went to see Main, Balele went to see Isadore Knox, an African-American then DOA Affirmative Action Officer. Balele explained Jan’s reaction. Knox promised to fight for Balele. The reason was that all people who had ranked highest on exam for supervisory positions, all Whites, had been appointed to the positions. It did not work for Balele. A white male, William Barbic, who had ranked No. 2, was appointed. Balele sued the State in the US District Court-Western District of Wisconsin. After discovery and DOA summary judgment motion which was denied by the court, the case went to trial. Hon. Judge Barbara Crabb presided over the case. The State of Wisconsin was represented by Attorney David Rice, a White male. As court procedures, Judge Crabb laid down what the parties would expect during trial. As soon as Balele and Attorney David Rice had finished their opening statements, and before the case went deep into trial, Hon Judge Crabb looked at Balele and this is what transpired: Judge Crabb: What was your score and rank on exam? Balele: I scored 93.8% and I ranked number 1 or highest on the exam. Judge Crabb: No! David Rice: Yes, your honor. He ranked highest Judge Crabb: How many people took the exam? Rice: A lot of people, your honor Judge Crabb: Were there Whites taking the exam? Rice Yes, your honor Judge Crabb: I can’t believe it. It was not an exam: Rice: Yes your honor. It was an exam - here is copy of his slip Judge Crabb, red with anger and looking at Balele, said: “I am dismissing this case. And I don’t want to hear from you again. You can appeal if you want.” Judge Crabb was really irritated that Balele, as a Black male, had beaten White people in state written exam. Since Judge Barbara ordered Balele not to talk any further, Balele had no alternative but to shut up. Balele then got up from his chair and went to shake hands with David Rice, the attorney representing DOA. Judge Crabb was surprised to see Balele went and shook hands with Attorney Rice. Judge Crabb said: “You went and shook hands with your opponent! I cannot believe this.” David Rice and Balele ignored Judge Crabb. They left the court room together talking to one another. Rice then said to Balele: “Well I tried to help you. I had to tell the truth. I don’t know why Judge Crabb did not believe me.” Judge Crabb was angry and dismissed Balele’s lawsuit because she was raised to believe Blacks were intellectually inferior to Whites and therefore Balele, as a Black person, could not beat Whites on written exam. Balele appealed Judge Crabb judgment to the USCA for the 7th Circuit. Instead of reviewing Balele’s appeal, the 7th Circuit Judges: William J. Bauer, John L. Coffey and Ilana Diamond Rovner, all Republican appointees, banned Balele from filing lawsuits in federal district courts. They were upset that a Black person had beaten Whites in a state written exam. Balele, strange to the federal court system wouldn’t dare file a misconduct complaint against Judge Crabb. But recently, Balele read the US Supreme Court issue with Judith Jones. (Attachment B) and compared Judge Crabb’s behavior. Balele realized Judge Crabb’s observation and action was misconduct. Balele filed a misconduct complaint against Judge Crabb with Judge Hon Frank. H. Easterbrook then the 7th Circuit Chief judge. Judge Easterbrook dismissed the misconduct complaint. Judge Easterbrook ruled as follows: “Any complaint that “directly related to the merits of a decision or procedural ruling must be dismissed. 28 U.S.C. #352(b) (1) (A) (ii). See also Rule 11(c) (1) (B) of Rules of Judicial –Conduct Disability Proceeding. Any allegation that calls into question the correctness of an official action of a judge… is merits related….” 1. Discipline Hon. Judge Crabb. 2. Discipline Hon Judge Easterbrook for endorsing Hon Judge Crabb misconduct. 3. Appoint an expert to periodically sensitize federal judges how equally to treat all litigants before them and never base their decisions as how they were raised to believe about Blacks and other racial minorities. Dated this day of November 6, 2013. Pastori M. Balele 6777 Schroeder Rd # 4 Madison, WI 53711 Phone: 608-278-1792
Posted on: Thu, 07 Nov 2013 00:08:51 +0000