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Judge H. Lee Sarokin

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No White, Republican, Heterosexual, Church-Going, Male Prosecutor is Qualified for a Judgeship in Virginia

Posted: 05/17/2012 5:50 pm

Virginia's Republican-controlled House rejected the judicial nomination of a gay Richmond prosecutor on the grounds that his past "indicated that he would press an activist agenda from the bench." Mr. Thorne-Begland, the nominee, had been a fighter pilot and Navy officer before serving as a prosecutor for a number of years. He was a vocal and active supporter of gay rights.

So let's carry this premise out to its logical and ridiculous conclusion. Because Mr. Thorne-Begland is a gay and was active in supporting and advancing gay rights he is disqualified from serving as a judge on the grounds he "might" advance his gay agenda as a judge. In other words, his affiliation with the gay community makes his future decisions suspect. It follows that no white should be permitted to serve because he might rule for whites in a case claiming race discrimination against blacks. No Republican should be permitted to serve because he might rule for Republicans in redistricting or voting rights cases. No man should be permitted to serve because he might favor men in claims of sexual harassment by women against men. No church-going person should be permitted to serve because he might rule in favor of church or religious institutions on the issue of church/state separation. No prosecutor should be permitted to serve because he might favor the prosecution over the defense in a criminal trial. No heterosexual should be permitted to serve because he might rule against gay and lesbian claimants.

No one comes to a judgeship without prior experience and partisan activity of some sort. We would not want persons to serve in the judiciary if they came without beliefs or commitments -- and choose only those with a blank slate. Virtually everyone has religious, political, ethnic, social and other affiliations. If such affiliations serve as disqualifiers, then all candidates would be disqualified. Only those who have demonstrated an inability or an unwillingness to put aside their own views and to apply the law should be rejected. I suspect that if this candidate had been a vocal opponent of same-sex marriage there would have been no fear of his "activist agenda". One would think that being an advocate for civil rights and equality would enhance rather than detract from one's qualifications as a judge. It isn't activism that opponents of this candidate fear -- but rather decisions with which they do not agree.

 
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HUFFPOST SUPER USER
Roondog
RABBLE ROUSER
05:20 PM on 05/18/2012
Another bastion of Southern Culture at its best. If you are not a SWM ( Straight, White, Male ) don't come looking for a judgeship in Virginia. So pathetic So predictable
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12:53 PM on 05/18/2012
It's a religious litmus test pure and simple
HUFFPOST PUNDIT
hrpmap
Retired man still active..
10:13 AM on 05/18/2012
So to be a judge one must be black or brown, democrat, gay, atheist female? Are there a lot of those around? The way many courts are ruling today that would seem to be the case.
HUFFPOST SUPER USER
Guscat
02:23 PM on 05/18/2012
Why would that be the case?
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
04:40 PM on 05/18/2012
hrpmap - No -- I don't think those are requirements---just not disqualifiers.
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Democrat in the South
Empathy, the most important word
09:51 AM on 05/18/2012
Once again Judge, you have shown us what a rational thinking fine example of the human race you are and we should all aspire to be. Your wisdom and insight is priceless and you are a national treasure. Thank you for your continued contribution to intellectualism.

Your words could not be more true. By right wing ideology NO ONE is qualified to be a judge......except a republican with an agenda.
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CelticMajic
The answer lies in each of us individually
02:32 PM on 05/18/2012
The question is: What does disqualify one from being a judge?
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Democrat in the South
Empathy, the most important word
06:24 PM on 05/18/2012
You tell me. The Judge was just showing an example of a certain type of thinking/ideology and how hypocritical the republicans are. And how you can't change who you are and what your background is.
03:09 PM on 05/18/2012
Exactly. He expressed it perfectly.
09:45 AM on 05/18/2012
I am waiting on the report of Delegate Marshall's investigation into the explicit details involved in the hazing rituals at Yale's Skull & Bones and the Cranbrook School.
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09:30 AM on 05/18/2012
Judge Sarokin... I think I love you.

Thank you for your sanity.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
04:43 PM on 05/18/2012
exhale09 - Gratefully accepted. Thank you.
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HUFFPOST SUPER USER
aacme
My micro-bio is on a strict need-to-know basis.
09:09 AM on 05/18/2012
On the other hand, those judges who do press an activist agenda, rather than ruling on the law and the Constitution, should be impeached. No judges personify that description more than the 4 hard-core right-wingers on the Supreme Court, who by deciding the outcome of elections and declaring bribery as the operative legal system are governing from the bench, and dismantling a 2oo-plus year legacy.
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12:51 PM on 05/18/2012
Congress can impeach them ... but I seriously doubt they will.
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HUFFPOST SUPER USER
scorpions5
Facts do not cease to exist when ignored.
01:18 PM on 05/18/2012
Well, we know the House won't.
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
12:57 PM on 05/18/2012
aacme - I understand your frustration, but if we choose to impeach judges (or justices) because we disagree with their decisions and accuse them of being "activists", we mirror those who would do the same to liberal judges. Independence of the judiciary is so important that we must tolerate decisions which we abhor.
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HUFFPOST SUPER USER
aacme
My micro-bio is on a strict need-to-know basis.
09:56 AM on 05/19/2012
I understand what you are saying. But some of them attend right-wing functions and revel in hero-worship. They are the definition of activist judges, appointed to do exactly what they are doing. The difference must come in the legal decisions, the Constitutional rigor with which the decisions are argued. If the decisions are Constitutionally sound, so be it. You would be an infinitely better judge of that than I. But I have serious doubts.
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CelticMajic
The answer lies in each of us individually
08:53 AM on 05/18/2012
Judge, instead of setting up the straw man arguments of this article, how about telling us what you believe to be valid reasons for denying a judgeship? If by chance, misrepresenting oneself on signed official US Government documents is one of those disqualifying items, then you will have answered your own question.
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12:52 PM on 05/18/2012
instead of encryption, be more specific
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
04:57 PM on 05/18/2012
CelticMajic - There is an endless list of valid reasons for denying judgeships, such as criminal activities, a history of bias or bigotry, etc., but sexual orientation is not one of them. As for misrepresenting on a government document, I would have to know more about the circumstances before passing judgment on whether or not it should serve as a disqualifier. I do not think that concealing one's sexual orientation in order to serve one's country in the armed forces should result in disqualification. My father lied about his height to get in the Marines. He would have made a great judge.
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CelticMajic
The answer lies in each of us individually
09:19 AM on 05/20/2012
If one misrepresents oneself on a security clearance document then it follows that one would be susceptible to blackmail and hence compromise. Height is most likely not in that category. Homosexuality just might be if one wishes to keep it concealed.
This comment has been removed due to violations of our [Guidelines]
07:53 AM on 05/18/2012
Wow, speak of tyranny of the majority!
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HUFFPOST SUPER USER
rothomaha
The Truth will out
07:39 AM on 05/18/2012
Judge, after surviving 21 years in Richmond, I can assure you that there are, in fact, precious few such individuals qualified to sit on the bench. You see, if you are an Epsicopalian, you are too blue-blooded, if you are Baptist, you are too plebian - if you attend church in jeans, you are a sinner(even if you are devout and too poor to afford better). If you are black, the whites dislike, even hate you - if you are white, it is assumed, a priori, that you are prejudiced against any minority, but especially blacks. If you come from anywhere else but the South, you cannot understand the agony they experienced during the "War Between the States"(aka the Civil War), and obviously American history only began in 1860 with Fort Sumter. As for being anything but swaggeringly heterosexual(at least outwardly), Heaven help you! That place is a cesspool of ignorance, prejudice and hatred - I'll never go back, if I live to be 500 years old, despite the good friends I left behind.
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HUFFPOST SUPER USER
aacme
My micro-bio is on a strict need-to-know basis.
09:19 AM on 05/18/2012
My opinion also of the entire South.
Raised in Texas, stationed in Augusta in the army, I shudder at the cultural ascendency, driven by right-wing politics, the South is gaining over the nation.
"Save your Confederate money boys, the South will rise again!" was not just a silly rant.
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voteindependent
stultorum nunquam discere
10:33 AM on 05/18/2012
hate to say this - but I LIVE in Texas and OUTSIDE the cities over half of our population believes the Earth is 7000 years old

butt bone ignorant

and our Governor PROVES that every time he opens his MOUTH
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HUFFPOST BLOGGER
Judge H. Lee Sarokin
Retired after serving 17 years on the federal cour
01:18 PM on 05/18/2012
rothomaha - Wow--I take it you are not with the Chamber of Commerce in Richmond. My list is hereby amended to include "swaggering". Hope you are living someplace a little more inclusive and forgiving.
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HUFFPOST SUPER USER
rothomaha
The Truth will out
08:34 AM on 05/19/2012
Judge: I grew up in NYC with parents who were committed socialists(I mean by that, that they lived their lives that way), and I was taught to judge a person by WHO s/he was, not WHAT! By contrast, the majority of people whom I dealt with in Richmond(as a full professor in a medical school) did precisely the opposite, so that if I'd been Dracula I could have fit in reasonably well, but Jesus would NEVER have made the grade! This, despite their loud proclamations about following His teachings, loving Him and rejecting all those who do not "believe". There is a profound hypocrisy intrinsic to the Southern society which runs to the very core of their existence. Omaha is an interesting place, despite its red, very conservative politics. The people are like polite NYC cab drivers - courteous to a fault , but straightforward - that I can live with comfortably! Have a good weekend.
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07:38 AM on 05/18/2012
I have always believed that openly self-avowed activists are safer by far than the closet variety who believe their views are simply "the way things are". Due to their honesty, they are also subject to vastly greater scrutiny - and more transparency and accountability can only be a good thing.
07:17 AM on 05/18/2012
With all the problems we face, why are our elected officials wasting time and money on gay marriage. Are they afraid after they get married they will move in with them. Are they afraid if gays are allowed to marry they might be temped to marry their drinking buddies. How do these idiots get elected?
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HUFFPOST SUPER USER
nilsjames
Abide
11:21 AM on 05/18/2012
Idiots also vote.
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HUFFPOST SUPER USER
aviandonn
My micro-bio is empty
02:34 PM on 05/18/2012
Oh that was good. Zing!
calypso54
Illegitimi non carborundum
05:44 AM on 05/18/2012
too bad he's retired!
04:57 AM on 05/18/2012
It's called stacking the deck. Was this not in itself activism.
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HUFFPOST SUPER USER
nilsjames
Abide
11:26 AM on 05/18/2012
I was looking to see if someone was making that argument before I did! The GOP appears to be accusing Thorne-Begland of judicial activism he has yet to partake in while helping themselves to a heaping bowl of activism at the same time.