IDENTITY CRISIS

NOR LAW, NOR DUTY BADE ME FIGHT
NOR PUBLIC MEN, NOR CHEERING CROWDS,
A LONELY IMPULSE OF DELIGHT
DROVE TO THIS TUMMULT IN THE CLOUDS

"An Irish Airman Forsees His Death, Yeats.

In our post on Friday December 9, entitled "Motion to Suppress ID Granted" we briefly addressed the issue of our identity. We clearly stated that we would not respond to any guesses. It should be clear that if we don't deny your particular guess, that does not mean you are right.
If you want to engage in a private discussion of identity, then send an email from your regular email address to mailto:howardroark21@gmail.com We cannot reply to an email that is sent from the comment section here, as it comes as anonymous.

No one has overcome the burden of reasonable doubt. Lest we remind you, (and we apologize to our judicial readers for using the legal, complicated, and strange terms to follow)

"A reasonable doubt is not a mere possible doubt, a speculative, imaginary
or forced doubt...after carefully considering, comparing and weighing all the
evidence, [if] there is not an abiding conviction of guilt, or if having a
conviction, it is one which is not stable but one which waivers and vacillates,
then the charge is not proven.... and you must find the defendant not
guilty."


Of course, those sharp readers who practice in federal court know that the standard over there is a bit different.

To briefly summarize the federal "Ashcroft" standard:

"where's there is smoke..there is fire. If the defendant was arrested and looks guilty, and unless some immediate unusual act of the lord interrupts this trial, then the defendant is guilty."

Some guesses have been fun and thoughtful. But we suggest you beam that legal brain on one of the issues of the day. Colleagues have emailed us begging us to reveal ourselves so they will not have to continuously deny it to their friends, spouses, children, clients, and certain angry police officers.

How would you feel if you were accused of something you didn't do?
When you think about it, that's the basis for our profession.
(That, and getting fees large enough to pay for that Porsche).

People email us anonymously to write about the issues of the day, complain about a judge, or tease HE WHO MUST NOT BE NAMED.

Why can't we enjoy the same anonymity?
We believe we have been responsible custodians, posting all comments, even those critical of us, and deleting any comment that violates our simple rules (no personal attacks, no comment about a person's private life, etc).

We have not used our anonymity to attack a judge or a colleague for a petty issue. That would be cowardly.

We continue to believe that by remaining anonymous, we can best serve our little community. We can question a public figure for a well deserved reason, (see, la affair du Brummer) and still be able to get a few court appointments now and then.

We promise, upon our selection to become a district court judge, upon our appointment to the Third DCA (so we can write dissenting opinions designed to make Judge Rothenberg as angry as He Who Must Not Be Named) or upon our untimely demise, our identity will be revealed.

Until then, lets just have fun with the topics of the day.
See You In Court.