Friday, November 1, 2019

Greif, continued: Bad judges are hard to replace


No one wants to get crosswise with a judge.  A bad judge with a reputation may be the hardest kind to replace. 


Judge Greif, from a KOBI TV interview

It is just too risky to speak up. 



Judges have power. Their role gives them the presumption that they are fair, impartial, and exercise good judgement. We rise when they enter the courtroom, respecting the role. 

They represent justice itself.


That's how it is supposed to be.

This blog published a long series of messages written by Judge Lisa Greif. They reveal a pattern of underhanded behavior in support of a litigant in a lawsuit against OnTrack, with Judge Greif assisting both its legal strategy and its media take down of the addiction recovery program. It was done with glee, over many months, reflecting a manipulative cast of mind, and astonishing immaturity and poor judgement, reflected in her text messages. ("Don't worry, those bitches are going down!")

Judge Greif comes up for election in May. This should be easy fix, right? 

Some good local lawyer will run against her, win easily, and take her place. Jackson County citizens would be better served, and the court's reputation will have been cleansed. Meanwhile, Greif will go off and do something she is better suited for than being a judge. Win-win, right?

The problem is that she is a sitting judge. Practicing attorneys have clients to represent and their cases might come up in front of Judge Greif. They have a responsibility to their clients, and to their own careers, not to make trouble. A vindictive, underhanded, immature judge can make trouble. On a basketball court there is gray area over whether a player committed a foul when he bumped another, and on a football field over whether a tackle involved, or didn't involve, the head. The ref makes a call. Judges, too.

Click: Refs and judges have power
A rule in sports and in the courtroom: don't anger the ref.

A dozen or so attorneys have contacted me in the past two days and shared how appalled they are at Judge Greif's behavior. I ask if they want to say anything publicly. "Oh, God no!," they say. "She's a judge. Too dangerous."

I ask them if they expect Presiding Judge Tim Gerking will do anything. "No," they all say. "He will keep his head down. He has to work with her. He's probably hoping someone else will do something, but he won't."

I see a pattern: Someone should do something, someone else. It is just too dangerous to upset a judge, especially a bad judge, someone with hidden agendas, an underhanded manner, media contacts and savvy, and a vindictive streak.

So it is a strange situation. Greif's text messages demonstrate her unfitness, but simultaneously show how dangerous it could be for someone to file to run against her. Remember the rule: don't anger the ref. 

If she runs unopposed, even if 90% of the voters leave her ballot unmarked, she wins.

I suspect nearly anyone who runs against her would win, but she serves for another 14 months so a challenger has to deal with that fact, and nothing is certain in politics. Still, there is a good opportunity for a challenger, if one emerges. Greif will be watched closely now for signs of bias. Plus, he or she has a ready-made Voters Pamphlet slogan. "I don't want to kill or body slam anyone."

That is a promise the challenger can make and Greif could not.


Note: For the reasons mentioned above I need to say the following: I know lots of lawyers in town. No one but me decides what goes into this blog. I am married to a lawyer. She doesn't consult with me on this blog, and indeed doesn't read it. She has important work to do.




9 comments:

Anonymous said...

I don't support Lisa Greif. She needs to quit being a judge immediately.
Aside from that, Peter Sage should disclose that he's good friends with both Patricia Crane and Rita Sullivan, and this blog is payback to Greif for her treatment of Crane and Sullivan. There's nothing wrong with that, but Sage should disclose his relationship with Crane and Sullivan. Payback is a bitch, and Greif is getting it right now. :>)

Up Close: Road to the White House said...

I am friends with lots of lawyers, including Crain. Plus with Rita Sullivan. I thought I was friends with Lisa Greif, too. I like her. And lots of other lawyers. I like lawyers. I attend bar functions. I donate to support law-related programs like the Campaign for Equal Justice.

I bring my perfect vine ripe melons to many lawyers' homes or offices, a tiny gift I have brought to a hundred-plus so people every harvest season, friends from Rotary and around the county, people I am trying to show what a delight a perfect melon can be. Lisa Greif was among those people.

I recognized when I decided to publish her texts that the following things would happen, and they are:
1. Judge Greif would try to make this about the language--a smart move. I respect smart lawyers. It is a distraction from the important issue--her fairness and temperament-- but it is savvy.

2. Presiding Judge Gerking would hide out. It isn't the best thing for the citizens, in my opinion, but it is certainly the least offensive thing Judge Gerking could do, and I don't blame him. Maybe someone else will complain, bring this to the Judicial Fitness people, run against her. The problem might go away. Greif made a mess and he is trying to stay out of it.

3. Judge Greif would pivot and start talking about her justification and context for working to undermine OnTrack and a colleague--what about OnTrack, what about the problems I found, what about Judge Crain,etc. This was introduced in her second, additional response, published yesterday, just as I predicted, a pivot. This is another distraction, and a smart one. If people are talking about problems at OnTrack they aren't talking about how weirdly Judge Greif responded to those problems. It changes the focus. Smart. If I were guilty of some crime I would want someone like Lisa to represent me, and use strategies like that to distract the jury. The guy I plotted to kill had it coming! I don't blame Greif for doing this. I expected it. It is a cynical ploy, but a smart one. It should not work, but it might.

4. Kill the messenger. I totally get it that Judge Greif has friends. I expect her friends are dismayed by her texts, but that they will back her up in some way. Since Judge Greif's texts are indefensible and describe indefensible behavior, her friends will look another direction, e.g. at me, the messenger. What about Peter!! Peter must have a bad motive. I consider this a natural, inevitable consequence, and I don't blame people for going there. It only took 48 hours, but it is beginning. I like Rita Sullivan, and I know her better than I know Lisa Greif, but I was friendly with both. My advice to Sullivan was to let everything drop. Move on. You got screwed over, by Greif, by the plaintiff, by the media, but move on. Then I saw these texts. I was disappointed, dismayed. I would not want to appear in front of Judge Greif, so I decided people had a right to know.. So I published them. If I get beat up as the evil messenger, so be it. I mention my wife in the final words of my last two blog posts to try to insulate her and her clients from any blowback. She really is not involved in this blog. It is just me. It may not be plausible to some people, but my wife has her own career, and I have my retirement habits. She does her thing and I do my thing. Blame me, not her.

Peter Sage

Anonymous said...

Peter Sage....you did nothing wrong, other than expose bad behavior, and you should be exempt from any repercussions. If you hadn't exposed the Greif emails, then they would not have become public.

This episode isn't about Greif's language. Almost everybody swears, especially in-private. BFD!

This episode is about Grief attempting to undermine another judge (Crain), and undermine the court. That's the bottom line. That should be unethical. OnTrack was an agent of the court, and Greif attempted to undermine OnTrack. This isn't about bad language. It's about questionable, and perhaps unethical judicial behavior on Greif's part.

I've met Tim Gerking. He may be a nice guy, but he's a spineless individual. He shouldn't be the presiding judge. It should be a strong individual like Tim Barnack, instead.

Sally said...

Barnack is a blowhard. Gerking, if not a coward, is behaving like one. Greif is flat scary.

Sage is a hero in this. The Mail Tribune has yet to come clean, which I predict will happen on the 12th day of never.

Anonymous said...

The other aphorism that applies, besides "Don't shoot the messenger (Peter)!" is "If you shoot the King (in this case, the Queen of Mean), kill her dead."
That's the reason that lawyers won't speak out: a wounded animal is more dangerous. Regarding yesterday's anonymous quote ("our partners were talking"), you would think that if the largest law firms in town signed a letter that the conduct is reprehensible and appropriate consequences should follow, citizens would have more respect for the local legal profession. But don't expect that to happen.
If she resigns, that just give Governor Brown a second appointment to make.
Someone will run against her. Guaranteed.

Anonymous said...

Good grief....(no pun intended)...it's like watching our current government and it's corrupt liberals who SEEM to get away with everything.....where are the HONEST people (judges,etc.) who have enough integrity to stand against this crap corruption that has infiltrated our judicial system????

Art Baden said...

It’s still early in this process but if Peter is right that no local lawyer will run against her out of fear of retribution then we sure have a surfeit of cowards in the county bar. Reminds me of ex-Senator Jeff Flake’s comment that if the Senate vote on impeachment were a secret ballot, 30 Republican Senators would vote to convict. No Profiles in Courage in either group.
Isn’t there a retired or soon to retire local attorney who would take this on, for the good of the county, for the integrity of the legal profession?
And how does one start a recall petition?

Anonymous said...

Art Baden....If someone (anyone) wants to do a recall of a public official, then they need to go to the Oregon Secretary of State's website, and review the "RECALL MANUAL". All of the instructions on how to recall a public official are included in this manual. It's easily doable if someone wants to take the time to complete the forms.

Here's is the link to the Recall Manual.....

https://sos.oregon.gov/elections/Documents/RecallManual.pdf

Sally said...

On second thought, realizing that the governor would appoint one of her friends, because that is what she does, I'd rather let this ride out till the next election.