Monday, May 22, 2017

Illegals Now Serving as Judges in Texas! And Officials Don’t Seem to Mind

By Doug Book, editor

Officials in Corpus Christi, Texas just discovered that one on their Municipal Court Judges is not a United States citizen. And how was the situation handled? Well, “Judge” Young Min Burkett was placed on unpaid leave, after which “the city council [gave] her 90 days to become a citizen and keep her job.”

Yep. An illegal alien has been passing judgement on the activities of actual Americans in a Texas town.  But it's OK, because Corpus Christi Mayor Pro-Tem Lucy Rubio said that city officials “never asked during the qualification process to become a municipal judge whether Burkett was a citizen and…Burkett never tried to deceive or misrepresent her background.” 
Young Min Burkett

Uh huh. They probably also didn’t inquire into her status as a thrill killer or whether she was behind the Tylenol poisonings a while back.

And besides, "she's a great lady,” continued Rubio. “She's a hard worker. Very smart. Very, I mean, just great person, but because she doesn't have that qualification, you know, unfortunately, we had to tell her that she couldn't, be removed from the bench and she could not serve."

She “doesn’t have that qualification, you know, unfortunately!”  Well, yeah--how terribly unfair to demand that someone be a citizen in order to pass legal judgement on people who, you know, ARE citizens! Talk about narrow minded.

Yet “Burkett never tried to deceive or misrepresent her background,” claimed Rubio. Well you may be wrong about that, Mayor Pro-Tem. For in order to serve on the Municipal Court, “someone needs to work in Nueces County for at least two years and be a qualified voter.” But as an alien, Burkett is not permitted to vote. Once again, that silly “qualification” thing apparently jumped up and "unfortunately" bit her.

But unfortunate or not, Burkett accepted a job on the Municipal Court, all the while knowing she was not legally qualified to serve and failing to inform Texas officials of that fact. The law calls that Intentional Misrepresentation - Fraud By Omission.

“Fraud By Omission, the suppression or omission of a material fact which a party is bound in good faith to disclose is equivalent to a false representation, since it constitutes an indirect representation that such fact does not exist.”

In the Franchise Law Journal, Attorneys Elliot Ginsburg and Carmen Caruso apply the Elements of a Fraud by Omission Claim to Texas State law. With “Judge” Burkett assuming the role of defendant and Corpus Christi officials acting as plaintiff, Ginsburg and Caruso write:  

(1) the defendant concealed or failed to disclose a material fact within its knowledge to the plaintiff; (2) the defendant had a duty to disclose that fact; (3) the defendant knew the plaintiff was ignorant of the fact and the plaintiff did not have an equal opportunity to discover the truth; (4) the defendant intended to induce the plaintiff to take some action by concealing or failing to disclose the fact; (5) the plaintiff relied on the defendant’s nondisclosure; and (6) the plaintiff was injured as a result of acting without that knowledge.

Young Min Burkett is clearly guilty of having committed fraud by omission. She “suppressed” a material fact which she was “bound in good faith to disclose.” Isn’t a judge supposed to be above that sort of thing?

So the once bright red state of Texas will apparently succumb to the same left wing fever which has destroyed and turned Democrat blue the states of California, New York, Massachusetts, Oregon, get the picture.

Will she recuse herself from cases involving illegal aliens; liars; anything involving the importance of material facts; the necessity of providing fair and proper testimony; perjury?

Hey, Young Min could wind up working one day per year!

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