Author Archives: Joanne M Denison
From GP: Review the testimony of Dr. Ford and Kavanaugh and file a Judicial Complaint to remove Kavanaugh from the DC Court of Appeals
As a member of the public and having reviewed Dr. Ford’s testimony and Kavanaugh’s testimony on youtube.com, you have the right to demand he be removed as a Federal Appellate Justice. You have to write to the Clerk of Executive Offices, Federal DC Circuit, Court of Appeals. 333 Constitution Ave., NW Washington, DC 20001. For more info, see http://www.uscourts.gov/…/faqs-filing-judicial-conduct…? and https
the next step will be to remove him from the DC bar. When he is removed from the Court of Appeals for DC, I will publish info on how to remove him as a lawyer for past misconduct.
from Dr. RC: More info on why the appointment of BK is from a corrupt court system and should be opposed.
We have to stop giving judges jobs when they come from court systems where any judicial complaint was dismissed without a thorough investigation.
This is how corruption in the courts flourishes.
see below.
Joanne:
From Dr. Cordero
Dear Ms. Denison, Victims of, and Witnesses to, judges’ abuse of power, and Advocates of Honest Judiciaries,
Thank you for your email.
To those “readers who think it’s okay to dismiss these complaints out of hand”, put the question:
“How would you feel if you complained about the performance of the judge(s) in your case and they dismissed out of hand your complaint without any investigation?”,
As stated in my article:
- The official statistics explicitly tabulates some allegations in the complaints about judges. They are very grave, for they include:
- “acceptance of a bribe”,
- “conflict of interest (including refusal to recuse)”,
- “racial, religious or ethnic bias”,
- “improper discussion with party or counsel”,
- “partisan political activity or statement”,
- “retaliation against complainant, witness, or others involved in the process”,
- “failure to give reasons for decision”,
- “undue decisional delay”; etc.
http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >OL2:755¶7
If your readers want to see the official tables of complaints about judges prepared by the courts, compiled by the Administrative Office of the U.S. Courts, whose director is appointed by the U.S. Chief Justice, for submission to Congress in the Annual Report of the Director of the Administrative Office of the U.S. Courts, let them know the following:
Dr. Cordero has collected all the statistics on complaints against federal judges that are available on the website of the Administrative Office. They cover the 21 fiscal years from October 1, 1996 to September 30, 2017; http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_collected_statistics_complaints_v_judges.pdf.
He has created a table collecting all the District of Columbia Circuit statistics for the 1oct06-30sep17 11-year period during which both Judge Kavanaugh and Now-Chief Judge Merrick Garland have served on the Court of Appeals for that Circuit; http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_table_exonerations_by_JJ_Kavanaugh-Garland.pdf.
Use the data found in the collected tables to create a table for another circuit or court by filling out the table template at http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_template_table_complaints_v_judges.pdf.
More importantly, tell your readers that they have the opportunity to bring to the attention of their senators and the other senators a way of evaluating Judge Kavanaugh’s impartiality, fairness, and respect for the law, particularly its due process and equal protection requirements, that is based on official statistics submitted to, and accepted by, them rather than personal allegations and partisan opinions.
Indeed, as the article below shows, in the 1oct06-30sep17 11-year period, people have filed 478 complaints against J. Kavanaugh and his DCC peers, but he and they have dismissed 100% of them without investigation.
By so doing, J. Kavanaugh and his peers have institutionalized their abuse of their power to exonerate themselves from the complaints and exempt themselves from any discipline, while leaving complainants at the mercy of complained-about judges and their covering-up peers.
They have turned themselves into Judges Above the Law.
To expose them, encourage your readers to use the contact information in §G below to contact at least two senators by:
- first using the inline email form on their respective website’s “Contact Us” webpage to send them the open letter below;
- then calling their office to ask the answering assistant to use the reader’s email address to retrieve the emailed letter from the senator’s website;
- request that the senators demand that J. Kavanaugh produce the copies that he has and the originals that DCC has of the complaints about him as well as those that include him among the complained-about judges. This will allow the ascertainment of the nature, frequency, and gravity of complaints about him and the detection of patterns and trends of complaints; and
- ask that the White House release the 100,000+ pages on Judge Kavanaugh that it has so far refused to produce. Do they include any mentions to abusive conduct on the part of J. Kavanaugh?; and
- demand that the Senate hold nationally televised public hearings on judges’ abuse of power.
By taking action and being instrumental in exposing judges’ institutionalized abuse of power, you and your readers can become nationally recognized Champions of Justice. This is realistic: On Friday, September 28, two courageous women confronted Senator Jeff Flake on the elevator in the Senate and caused him to force the Committee to ask for an FBI investigation.
But time is of the essence because the Senate may vote on the Judge by October 5.
Put your money
where your outrage at abuse
and passion for justice are.
https://www.gofundme.com/expose-unaccountable-judges-abuse
Dare trigger history!(*>jur:7§5)…and you may enter it.
* http://Judicial-Discipline-Reform.org/OL/DrRCordero-Honest_Jud_Advocates.pdf
https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
New York City
http://www.Judicial-Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com
NOTE: Given the interference with Dr. Cordero’s email and e-cloud storage accounts described at * >ggl:1 et seq., when emailing him, copy the above bloc of his email addresses and paste it in the To: line of your email so as to enhance the chances of your email reaching him at least at one of those addresses.
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From NL: All good people should go to the FBI’s website www.ic3.gov and demand an investigation of Kavanaugh
Testimony at today’s hearing was some of the most shameful gut wrenching testimony I have ever heard.
In addition, Dr Cordero reports that Kavanaugh’s jurisdiction in federal court has 478 judicial complaints dismissed out of hand and with no investigation.
Accordingly, please go to http://www.ic3.gov today and demand the FBI start and investigation on Kavanaugh for his obvious criminal activity.
He should not be a judge.
And Dr. Ford should do what other women have done, that is, sue for defamation, false light and slander.
Joanne
From Dr. Cordero: women continue to speak out against the 478 complaints against justices dismissed out of hand and lack of investigation by Kavanaugh and his cronies on the benc
Re: [DailyKos] Q 2 ALL: 1,600 MEN SIGN FULL-PAGE NYT AD IN SUPPORT OF CHRISTINE B. FORD – Proposal to join forces to expose judges’ abuse
and
Re: Proposal to join forces with Mothers in the Legal Profession who wrote “An open letter of thanks to Dr. Blasey Ford”
Dear Mr. Scott and Ms. Heil,
If you had only bothered to read my article, you would have realized that I do not state even once that I believe or disbelieve either Dr. Ford or Judge Kavanaugh.
You diminish your credibility when you hazard a comment or a reasonless conclusion on an article that you have not read.
Had you managed to read all the way down to the first paragraph, you would have understood what the purpose of the article is:
“I am a male non-partisan doctor of law and lawyer in New York City. I read with interest your letter in support of Dr. Christine Blasey Ford. I would like to join forces with you to advance our common cause of exposing abusive judges and judges’ abuse…I too fight abuse, in particular, that of judges who as a consequence of their unaccountability risklessly engage in abuse of power that injures women as well as men.”
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
New York City
http://www.Judicial-Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com
******************************************
—–Original Message—–
From: WILLIAM SCOTT <04wmscott@comcast.net>
To: drrcordero <drrcordero@judicial-discipline-reform.org>; Dr. Richard Cordero, Esq. <dr.richard.cordero_esq@verizon.net>
Cc: DailyKos <DailyKos@yahoogroups.com>; gregdempseyusa <gregdempseyusa@gmail.com>; DailyKos-owner <DailyKos-owner@yahoogroups.com>; aleonardi <aleonardi@unitedrepublic.org>; vaughan.smith <vaughan.smith@frontlineclub.com>; steven.burda.mba <steven.burda.mba@gmail.com>; CorderoRic <CorderoRic@yahoo.com>
Sent: Thu, Sep 27, 2018 8:41 am
Subject: Re: [DailyKos] Q 2 ALL: 1,600 MEN SIGN FULL-PAGE NYT AD IN SUPPORT OF CHRISTINE B. FORD – Proposal to join forces to expose judges’ abuse
This is a witch hunt. Do not approve. Wm Scott
On September 27, 2018 at 8:12 AM drrcordero@judicial-discipline-reform.org wrote:
Subject: Proposal to join forces with the 1,600 men who signed the NYT ad and the Mothers in the Legal Profession who wrote “An open letter of thanks to Dr. Blasey Ford”
Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
http://www.Judicial–Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net,
DrRCordero@Judicial-Discipline-Reform.org,
CorderoRic@yahoo.com
You may share and post this email
without any addition, deletion, or modification,
with credit to its author, Dr. Richard Cordero, Esq.,
and the link to his website:
http://www.Judicial-Discipline-Reform.org.
Dear Mothers in the Legal Profession and the 1,600 who sign the NYT ad,
I am a male non-partisan doctor of law and lawyer in New York City. I read with interest your letter in support of Dr. Christine Blasey Ford. I would like to join forces with you to advance our common cause of exposing abusive judges and judges’ abuse.
Indeed, your letter caught my attention when you wrote:
In particular, we support women who take a stand to call out and fight injustice in many forms, including all manner of personal and professional abuse that targets or disproportionately affects women…We have watched with growing concern as questions mount regarding Judge Kavanaugh’s truthfulness, judgment, and character. As practitioners who interact with the judiciary on a daily basis, we thank you for coming forward to make that bench stronger through critical examination of those nominated to serve as judges.
I too fight abuse, in particular, that of judges who as a consequence of their unaccountability risklessly engage in abuse of power that injures women as well as men.
Hence, I too advocate for a “bench stronger” as a result of judges having been rendered accountable and liable to the victims of their abuse. Those victims want to come out of their silence and share the self-assertiveness of the MeToo! public, who has grown intolerant of “injustice in many forms”.
You, the Mothers, and I, want to expose more than just sexual abuse; and your constituents are also in my constituency. Jointly, we can advocate for them more cost-effectively.
We should join forces because abuse develops insidiously: Even candidates for judgeships or justiceships deemed today to be “the most honorable public servants, who can be trusted to treat all litigants with fairness and respect”,but who are exempt “for decades to come” from any accountability will progressively abuse their power. This is so because “power corrupts, and absolute power [whose hallmark is unaccountability] corrupts absolutely”(*>jur:27fn28).
That corruptive effect of power is shown in the open letter below addressed to Sen. Chuck Grassley, Sen. Dianne Feinstein, and the other members of the Senate Judiciary Committee to “assist the Senate with this crucial vetting process”.
The letter’s distinguishing feature is that it does not rely on the account of “personally victimized women”, who are victimized once more by those politicians that have already prejudged what Dr. Ford has yet to say and self-interestedly dismissed it.
Rather, the letter below relies on the official statistics(§F infra) that Judge Kavanaugh, Chief Judge Garland Merrick of the same District of Columbia Circuit (DCC), and their peers have by law submitted to Congress for the last 11 years. Those statistics show that of the 478 complaints lodged with DCC about them they have dismissed the 478: Through complicity and secrecy they have devised and enforced an unlawful policy of 100% self-exoneration to escape any discipline.
We are lawyers and as such recognize that nothing impeaches a person’s credibility as his or her own contradictory words and actions. J. Kavanaugh’s policy of 100% dismissal of complaints about him and his peers indisputably exposes his partiality toward himself and his peers; and his unfairness to the plight of complainants. Thus, it provides probable cause to believe that his dismissal of Dr. Ford’s story follows that same policy and is motivated by the same partiality and unfairness.
How many of those 478 complaints tabulated in the official statistics concern sexual abuse and harassment by J. Kavanaugh and his peers?
How many similar complaints and incidents are mentioned in the more than 100,000 pages that the White House has refused to disclose?
To know that, you, I, and all advocates of an honest judicial confirmation process need one or more ‘allies’ in the Judiciary Committee, in particular, and the Senate, in general, as well as all possible ‘allies’ in the media and the national public.
Thus, n ot only can “we demand that the senators listen to your story, [Dr. Ford], and treat you with respect”, but we can also provide them with non-partisan, objective statistics officially submitted to, and accepted by, them on which they can rely to impeach J. Kavanaugh’s credibility, impartiality, and fairness, regardless of whether they choose to believe the circumstantial evidence supporting Dr. Ford’s story.
Many senators will feel that they cannot confirm J. Kavanaugh upon learning that he has abused his power to ‘pardon’ himself and his peers, and do so secretly while pretending to be processing according to law complaints about them.
Consequently, I respectfully request that we join forces, and to that end, that you:
- read the open letter below and contact me;
- share the letter with the signatories of your letter, like-minded people, and the media;
- persuade them to email it, and follow-up with a call, to at least two of the senators whose contact information is in §G infra so as to cause them at the hearing on Thursday, September 27, to rely on official statistics to question the impartiality, fairness, and respect for the law of J. Kavanaugh, and by extension, of all other judges who have abused their power to exempt themselves from accountability while leaving complainants at the mercy of complained-about judges and those who cover up for them.
Let’s think strategically and argue the senators’ case: If for the first time ever and on national television, a senator adopts this line of questioning based on non-partisan, official statistics analyzed by the objective “math of abuse”, that senator can gain reputationally so much as to become the modern equivalent of Sen. Howard Baker when at the Senate Watergate hearings he asked his famous question, “What did the President know and when did he know it?” That senator’s question may be:
Did you find that 100% of complainants had fabricated stories, as you say Dr. Ford has, or did you find that you and 100% of your peers can do no wrong, for you are Judges Above the Law?
That senator’s performance can be so remarkable and effective in exposing J. Kavanaugh’s judicial unfitness –and that of so many other unaccountable abusive judges– as to lay the foundation for her or his reelection campaign or a 2020 presidential bid as the national Champion of Justice.
Time is of the essence. We should get in touch as soon as possible.
The letter below is at † >OL2:768 in my study of judges and their judiciaries, which is titled and downloadable thus:
Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting * †
* Volume 1: http://Judicial-Discipline-Reform.org/ OL/DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page number up to OL:393
† Volume 2: http://Judicial-Discipline-Reform.org/ OL2/DrRCordero-Honest_Jud_Advocates.pdf >from OL2:394
Visit my website at, and subscribe to its series of articles thus:
http://www.Judicial-Discipline-Reform.org > + New or Users >Add New
Dare trigger history!(*>jur:7§5)…and you may enter it.
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
2165 Bruckner Blvd.
Bronx, New York 10472
http://www.Judicial – Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net, DrRCordero@Judicial-Discipline-Reform.org, CorderoRic@yahoo.com
Put your money
where your outrage at abuse
and passion for justice are.
DONATE
in support of professional research and writing,
and advocacy to advance the common interest
in exposing unaccountable judges’ riskless abuse:
here
or
at the GoFundMe campaign at
https://www .gofundme.com/expose-unaccountable-judges-abuse
https://www.linkedin.com/in/dr-richard-cordero-esq-0508ba4b
****************************************
Re: How J. Kavanaugh can be questioned at the Senate hearings based, not on allegations and partisan opinions, but rather on his and his peers’ 100% dismissal of the 478 complaints about them that they officially reported to Congress, to determine whether he has been impartial, fair, and law-abiding as a judge and would be so as a justice
How Judge Kavanaugh can be questioned
at the Senate hearings based,
not on allegations and partisan opinions,
but rather on his and his peers’
100% dismissal of the 478 complaints about them
that they officially reported to Congress,
to determine whether he has been
impartial, fair, and law-abiding as a judge and
would be so as a justice
http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >OL2:768
By
Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
http://www.Judicial–Discipline-Reform.org
Dr.Richard.Cordero_Esq@verizon.net,
DrRCordero@Judicial-Discipline-Reform.org ,
CorderoRic@yahoo.com
You can forward this email to
the members of
the Senate Committee on the Judiciary at
https://www.judiciary.senate.gov/about/members
see also the addresses in §G infra
(You may cut this email at the bottom to fit the inline email form)
Senator Chuck Grassley, Senator Dianne Feinstein
Senate Committee on the Judiciary
U.S. Senate
Washington, D.C.
Dear Sen. Grassley, Sen. Feinstein, and Committee Members,
This email is intended to be of interest to you because it concerns the conduct of Judge Brett Kavanaugh based, not on allegations or opinions, but rather on the official statistics of the District of Columbia Circuit (DCC), required under 28 U.S.C. §604(h)(2) to be submitted to Congress and the public annually by the Administrative Office of the U.S. Courts.
You and your colleagues in Congress have without dispute accepted those statistics for decades; are presumed to be familiar with them; and have relied on them to oversee the performance of the federal courts.
Hence, the information hereunder will enable you to question J. Kavanaugh at the hearings scheduled for September 27 on a basis trusted by you, verifiable by others, and persuasive thanks to its objective demonstration by ‘the math of abuse’ of power.
- J. Kavanaugh has participated in the dismissal of 100% of the 478 complaints about him and his peers lodged with DCC
- Theofficial statistics at stake here concern the handling by J. Kavanaugh and his peers of complaints about them in the 1oct06-30sep17 11-year period during which he has served on DCC. Those statistics and their analysis can be retrieved through the links in §F infra.
- The statistics show that 478 complaints about them were lodged. He tolerated the dismissal of the 478 of them regardless of their gravity and without any investigation, except in one case, which also ended up in complaint dismissal; as a current member of the DCC Judicial Council, he has participated in the 100% denial of petitions to review those dismissals.
- Such 100% record betrays his and his peers’ complicity in an unlawful agreement to protect each other from any adverse consequences of their complained-about conduct. Theirs is not the “good Behaviour” required by the Constitution, Article III, Section 1(*>jur:22fn12a), but rather behavior in dereliction of duty.
- Indeed, the essence of being a judge is being impartial and fair. That is how a judge conducts himself who is faithful to his oath of office(*>jur:53fn90), and thereby discharges his duty, to uphold the law.
- Judge Kavanaugh has shown that he is neither impartial between complainants and complained-about judges nor fair to the plight of complainants, other parties, and the rest of the public, whom he has recklessly left at the mercy of complained-about judges regardless of the gravity of their alleged misconduct. He has held himself and his peers unaccountable. As a result of such assurance of risklessness, he has emboldened himself and them to keep engaging in ever graver misconduct.
- J. Kavanaugh’s partiality and unfairness in covering up for himself and his peers in DCC provide probable cause to believe that he:
- covered up the sexual misconduct of Former 9thCircuit Chief Judge Alex Kozinski, for whom he clerked and with whom he interviewed prospective clerks for Supreme Court justices; and
- covers up for himself regarding the sexual assault accusations of Dr. Christine Blasey Ford.
- That probable cause is undergirded by my study of judges and their judiciaries(e.g.,*>jur:21§§1-3), which is titled and downloadable thus:
Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting * †
* Volume 1: http://Judicial-Discipline-Reform.org/ OL/DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page number up to OL:393
† Volume 2: http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf >from OL2:394
This email is at OL2:768.
- Judge Kavanaugh’s conduct contradicts his statement “I’m a pro-law judge” and renders it perjurious
- J. Kavanaugh has acquiesced and enforced DCC’s institutionalized cover-up of his and his peers’ complained-about conduct. So, he has impeached his assertion under oath during his confirmation hearings that ‘he is not a pro-prosecution or pro-defense judge, but rather he is a pro-law judge’. If he were the latter, he would have denounced and refused to apply DCC’s unlawful policy of 100% exoneration of judges.
- On the contrary, he and his peers have arrogated to themselves the power to abrogate in effect, and risklessly show contempt for, the law governing complaints about judges: the Judicial Conduct and Disability Act of 1980 (28 U.S.C. §§351-364;jur:24fn18a).
- In defiance of the law, J. Kavanaugh has protected his and his peers’ interest in escaping any discipline resulting from their complained-about conduct, while depriving complainants of their fundamental due process right: to be heard. They abuse their power to elevate themselves as Judges Above the Law(*>OL:5fn6).
- Issues for the Senate Judiciary Committee to question J. Kavanaugh on
- The official statistics allow the Committee to challenge him onhisenforcementof the DCC unlawful policy of 100% exoneration of himself and his peers from complaints about them.
- The Committee can require that J. Kavanaugh disclose his copies of all complaints involving him. All complaints are self-interestedly kept secret, contrary to the tenet “Justice should not only be done, but should manifestly and undoubtedly be seen to be done”(*>jur:44fn71). Such secrecy prevents ascertaining the nature, extent, and gravity of individual and collective misconduct, and detecting its patterns and trends.
- Also, the Committee can examine all the statements that J. Kavanaugh may have made concerning the Catholic Church’s decades-old policy of covering for abusive priests while leaving at their mercy ever more Church members and the rest of the public. Do his statements reveal the partiality and unfairness of a hypocritical double standard in favor of himself and his peers? Can he claim to be a pro-law judge when his conduct is guided by what is anathema to his duty as such: “The Law is NOT Equal For All”?
- Let the Committee question him on the official statistics(§F infra)showing that he and his peers do not even read the majority of briefs, never mind write the dispositive orders(cf.†>OL2:546¶¶4-7). Their pretense at applying the law to briefs that they have not read causes injury in fact and renders them liable to a host of causes of action(OL2:729).
- Such abusive conduct prompts the emergence from aMeToo!public intolerant of any form of abuse of a national movement of current, former, and prospective parties to demand that the courts refund filing fees, pay damages, and require judges to dispose of each case by writing a decision and that it be reasoned and address the brief section “Relief Requested”.
- Requested action from you in your own andWe the People‘s interest
- Questioning J. Kavanaugh and all judicial candidates based, not on allegations and opinions, but rather on their own statistics will draw to you significant media and public attention. It can establish the framework for a bipartisan approach on the objective basis of “the math of abuse”.
- Such questioning can attract the attention of a huge (OL2:719¶¶6-8) untapped voting bloc: The Dissatisfied With The Judicial And Legal System. They are waiting for a courageous politician to expose unaccountable judges’ riskless abuse of power. You can become their national Champion of Justice.
- Thus, I respectfully request that you:
- question J Kavanaugh using the official statistics of his and his peers, as discussed above;
- publish this email on your website; and otherwise share and post it widely;
- share it with the journalists that cover you and ask them to have their media outlets publish it.
- The publication of this email can set in motion a generalized media investigation into judges’ abuse similar to the one into sexual abuse sparked byThe New York Times‘s publication of its Harvey Weinstein exposé. It will be traced back to your concern for integrity and accountability in the federal and state judiciaries. It can lay the foundation for your reelection campaign and even a presidential bid.
- My offer of a presentation
- The above shows the kind of strategic thinking(OL2:445§B, 475§D) that informs the presentation that I offer to make to you, your colleagues, and supporters on what you can gain by exposing unaccountable judges’ riskless abuse of power.
- So I look forward to hearing from you at your earliest convenience. Meantime, I kindly request that you acknowledge receipt of this email.
Sincerely,
Dr. Richard Cordero, Esq.
Judicial Discipline Reform
- Links to official court statistics and their analysis
- Article on using official statistics and “the math of abuse”to expose J. Kavanaugh, DCC Chief Judge Merrick Garland, & peers’ abuse of power: http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_JJ_Kavanaugh-Garland_exoneration_policy.pdf
- Table of complaints against judges lodged in, and dismissed by, DCC in the 1oct06-30sep17 11-year period:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_table_exonerations_by_JJ_Kavanaugh-Garland.pdf
- Collected official statistics on complaints about federal judges in the 1oct96-30sep17 21-year period:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_collected_statistics_complaints_v_judges.pdf
- Template to be filled out with the complaint statistics on any of the 13 federal circuits and two national courts:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_template_table_complaints_v_judges.pdf
- Article on “the math of abuse”: neither judges nor clerks read the majority of briefs, disposing of them through unresearched, unreasoned, arbitrary and fiat-like dumping forms;http://Judicial-Discipline-Reform.org/OL2/DrRCordero-Honest_Jud_Advocates.pdf>OL2:760, 457§D
- Contact information about senators
- Members of the Senate Judiciary Committee
https://www.judiciary.senate.gov/about/members
Sen. Chuck Grassley: https://www. grassley .senate.gov/constituents/questions-and-comments ; Phone: 202-224-3744; Fax: 202-224-6020
Sen. Dianne Feinstein: https://www. feinstein .senate.gov/public/index.cfm/e-mail-me ; Main: (202) 224-3841; Fax: (202) 228-3954
Sen. Amy Klobuchar: https://www. klobuchar .senate.gov/public/index.cfm/email-amy ; phone:202-224-3244; fax: 202-228-2186
Sen. Mazie K. Hirono: https://www. hirono .senate.gov/contact ; Phone: (202) 224-6361; Fax: (202) 224-2126
Sen. Kamala D. Harris: https://www. harris .senate.gov/contact/email ; Phone (202) 224 – 3553; Fax (202) 224 – 2200
Sen. Cory Booker: https://www. booker .senate.gov/?p=contact ; Phone: (202) 224-3224; Fax: (202) 224-8378
Sen. Dick Durbin https://www. durbin .senate.gov/contact/email ; p: 202.224.2152; f: 202.228.0400
Sen. Richard Blumenthal: https://www. blumenthal .senate.gov/contact ; tel. (202) 224-2823; fax (202) 224-9673
Sen. Christopher A. Coons: https://www. coons .senate.gov/contact/email-chris ; Washington, D.C. 20510; Phone:(202) 224-5042
Sen. Patrick Leahy: https://www. leahy .senate.gov/contact ; tel. (202) 224-4242
Sen. Sheldon Whitehouse: https://www .whitehouse.senate.gov/contact/email-sheldon;P: (401) 453-5294; F: (401) 453-5085
- Key Senate members who are not JudiciaryCommittee members
https://www.senate.gov/general/contact_information/senators_cfm.cfm
Sen. Charles E. Schumer: https://www. schumer .senate.gov/contact/email-chuck ; 780 Third Avenue, Suite 2301, New York, NY 10017; Phone: (212) 486-4430; Fax: (202) 228-2838; DC: Phone: (202) 224-6542; Fax: (202) 228-3027
Sen. Lisa Murkowski: https://www. murkowski .senate.gov/contact/email ; Phone: (202)-224-6665; Fax: (202)-224-5301
Sen. Susan Collins: https://www.collins.senate.gov/contact ; tel. (202)224-2523; schedulers Darci Greenacre and Elsa Thibodeau at scheduling@collins.senate.gov
Sen. Kirsten Gillibrand: https://www.gillibrand.senate.gov/contact/email-me ; NY: Tel. (212) 688-6262; Fax (866) 824-6340; DC: Tel. (202) 224-4451; Fax (202) 228-0282; phone at (212) 688 – 6262 or email casework@gillibrand.senate.gov ; senator@Gillibrand.senate.gov
Visit the website Judicial Discipline Reform at,
and subscribe for free to its series of articles thus:
http://www.Judicial-Discipline-Reform.org > + New or Users >Add New
Put your money
where your outrage at judges’ abuse
and your passion for justice are.
Donate here
or
at the GoFundMe campaign at
https://www.gofundme.com/expose-unaccountable-judges-abuse
https://www .linkedin.com/in/dr-richard-cordero-esq-0508ba4b
Dare trigger history!(*>jur:7§5)…and you may enter it.
From JD: INS detention centers provide massive campaign funds to elected representatives; foreigners for cash
Are immigrant detention centers suffering from the same problems as forced nursing home placements? Campaign cash for favors?
How do we stop all this? It’s all like the poor houses and work houses of 19th centurn England.
Read on:
Updated at 2 p.m. June 21 to include contributions to U.S. Rep. John Carter, R-Round Rock. The headline was updated to reflect that GEO is the top donor for three Texas congress members.
WASHINGTON — One of the country’s largest operators of private immigration detention facilities has made significant contributions to several Texas members of Congress.
The GEO Group’s PAC and executives have given $32,900 to Houston Republican Rep. John Culberson’s campaign this election cycle, according to Federal Election Commission documents and OpenSecrets.org. GEO is Culberson’s largest donor.
In Texas, GEO operates detention centers for Immigration and Customs Enforcement in Karnes City, Laredo, Pearsall and Conroe.
Culberson is facing a tough re-election race against Democrat Lizzie Fletcher. The race has been rated a ‘toss up’ by nonpartisan analyst Cook Political Report.
Culberson received the most funding from GEO out of Texas members of Congress, but GEO is also the top donor this cycle for U.S. Rep. Henry Cuellar, D-Laredo, who received $32,400, and Round Rock Republican Rep. John Carter, who received $31,600.
Both Culberson and Cuellar serve on the House Appropriations Homeland Security Subcommittee, which funds private immigration detention centers. Culberson is also the chairman of and Carter serves on the House Appropriations subcommittee on commerce, justice and science, which oversees funding for private prisons.
Cuellar’s campaign manager Colin Strother said that GEO is one of the largest employers in Cuellar’s district, and that Cuellar has not allowed campaign contributions to influence his decisions.
“If you live in a district in the state of Washington, you get boating money. If you live in a district in Nebraska, you get agriculture money. We have a district with lots of jail facilities that employ lots of people,” Strother said.
Culberson’s campaign did not respond to requests for comment.
GEO has also donated to other Texas lawmakers, including Republican Sen. John Cornyn, who received $10,000; House Committee on Homeland Security Chairman Rep. Michael McCaul, R-Austin, who received $2,500; Rep. Vicente Gonzalez, D-McAllen, who received $2,500; Rep. Kenny Marchant, R-Coppell, who received $1,000; and Rep. John Ratcliffe, R-Heath, who received $1,000. Republican Sen. Ted Cruz received $150.
GEO has come under scrutiny by immigrant rights organizations for alleged mismanagement and abuse in detention facilities. GEO faced class-action lawsuits in which detainees alleged that they were forced to work. In a GEO facility in California, three detainees died in custody. The American Civil Liberties Union accused GEO of denying detainees food, water and bathroom access.
“We strongly dispute these allegations. On a daily basis, our dedicated employees deliver high quality services, including around-the-clock medical care, that comply with performance-based standards set by the Federal government and adhere to guidelines set by leading third-party accreditation agencies,” GEO said in a statement.
Another one of the largest groups that runs private immigration detention centers in the United States is CoreCivic. The company runs facilities in Houston, Laredo, Dilley and Taylor.
CoreCivic PACs have given less money to candidates than GEO, but still contributed to three Texans, according to OpenSecrets.org: Culberson with $11,000, McCaul with $3,500 and Cuellar with $1,500.
Washington correspondent Camille Caldera contributed to this report.
From FB: Cal. AG nominee investigated for ethics violations
Steven Bailey, GOP nominee for California attorney general, faces ethics panel

Republican Attorney General candidate Steven Bailey, speaks at a candidate debate Wednesday, March 21, 2018, in Sacramento, Calif.
Republicans’ nominee for California state attorney general is facing an ethics tribunal just two months before the November election.
Former judge Steven Bailey is accused of using his office to further his statewide campaign, improperly accepting gifts and steering business to a firm where his son worked — all in violation of judicial ethics. Bailey served as an El Dorado County judge from 2009 through the end of August 2017.
Bailey says the allegations “simply lack merit” and blames political gamesmanship. Three special masters from the Commission on Judicial Performance will begin considering them Tuesday.
The hearing in Sacramento creates another hurdle as Bailey tries to unseat Democratic incumbent Attorney General Xavier Becerra, who was appointed to fill a vacancy last year.
No decision is expected from the commission until well after the Nov. 6 election. Bailey eventually could be publicly admonished even though he is no longer a judge, but not disqualified from the attorney general’s race.
“Judge Bailey initially expressed interest in running for attorney general because of the office’s recent trend toward hyper-partisan politics to the detriment of public safety,” James Murphy, one of Bailey’s attorneys, said in a statement to The Associated Press. “We question if this inquiry is nothing more than a politically motivated and brazen attempt to sabotage his campaign.”
He denied that Bailey’s actions interfered with his judicial impartiality and blamed inadvertent error for several of the allegations, including that Bailey provided a written testimonial for a political survey company.
The commission is deciding whether to discipline Bailey over claims of conduct “that brings the judicial office into disrepute” and of “willful misconduct in office” — the worst possible charge and enough that it could potentially have prompted his removal were he still a judge.
They include allegations that for a year he improperly used his judgeship to raise funds and promote his candidacy for attorney general. Bailey says in his response that he retired months before filing his formal declaration of candidacy in February and that the board is infringing on his constitutional right to free speech and to run for office.
He is also alleged to have repeatedly ordered defendants to use an electronic monitoring service without disclosing that his son worked at the company providing it or that the company’s owner was a friend who worked on his 2008 judicial campaign. The commission also alleges that he ordered a defendant to pay $140 in restitution in 2009 after a letter signed by the judge’s son said the man owed that amount for electronic monitoring.
Bailey says in response that he followed the ethics advice of other judges that he did not have to routinely disclose the relationship with his son, and that the owner was a “professional acquaintance” with no real involvement in his campaign. He says the monitoring company was approved by the county probation department, as required by law, and that he arranged to have a second, competing company also provide monitoring services.
Bailey also is accused of accepting hundreds of dollars in gifts between 2009 and 2012, including nearly $350 from a Placerville attorney. The commission says he appointed the same attorney to oversee a case in 2011 at the unusually high rate of $350 an hour to be paid by the defendant, without disclosing that the attorney was a friend.
He denied failing to report or falsely reporting travel-related payments and reimbursements, saying he believed all the gifts were permitted.
He also denied that he was showing bias by telling another judge in response to a compliment about a shirt that he got it from a “gay guy” and that “gays really know how to dress.”
The hearing is expected to last until Sept. 14 before one appellate judge and two superior court judges appointed by the state Supreme Court. The special masters then have about 60 days to report their findings to the commission. Both sides may respond to that report in writing and in an oral argument before the commission.
The commission must ultimately decide if the allegations are proved by clear and convincing evidence and whether to impose discipline.
Featured in Politics
From NL: On Brent Kavanaugh–his stats: 100% dismissal of all complaints against him–the math of abuse of power
How Judge Kavanaugh
can be questioned at the Senate hearings
based on official court statistics,
rather than allegations and partisan opinions,
to determine how he has treated
you and the rest of We the People
as a judge and would do so as a justice
http://Judicial-Discipline-Reform.org/ OL2 /DrRCordero-Honest_Jud_Advocates.pdf >OL2:768
By
Dr. Richard Cordero, Esq.
Ph.D., University of Cambridge, England
M.B.A., University of Michigan Business School
D.E.A., La Sorbonne, Paris
Judicial Discipline Reform
New York City
http://www.Judicial- Discipline-Reform.org
Dr.Richard.Cordero_Esq @ verizon.net,
DrRCordero @ Judicial-Discipline-Reform.org ,
You may share and post this email
in its entirety, without any addition, deletion, or modification,
with credit to its author, Dr. Richard Cordero, Esq.,
and the link to his website:
http://www.Judicial-Discipline-Reform.org.
You can forward this email to
the members of
the Senate Committee on the Judiciary at
https://www.judiciary.senate.gov/
(You may cut this email at the bottom to fit the inline email form)
Senator Chuck Grassley, Senator Dianne Feinstein
Senate Committee on the Judiciary
U.S. Senate
Washington, D.C.
Dear Sen. Grassley, Sen. Feinstein, and Committee Members,
This email is intended to be of interest to you because it concerns the conduct of Judge Brett Kavanaugh based, not on allegations or opinions, but rather on the official statistics of the District of Columbia Circuit (DCC), required under 28 U.S.C. §604(h)(2) to be submitted to Congress and the public annually by the Administrative Office of the U.S. Courts.
You and your colleagues in Congress have without dispute accepted those statistics for decades; are presumed to be familiar with them; and have relied on them to oversee the performance of the federal courts. Hence, the information hereunder will enable you to question J. Kavanaugh at the hearings scheduled for the week of September 24, on a basis trusted by you, verifiable by others, and persuasive thanks to its objective demonstration by ‘ the math of abuse’ of power .
- J. Kavanaugh has participated in the dismissal of 100% of the 478 complaints about him and his peers lodged with DCC
- The official statistics at stake here concern the handling by J. Kavanaugh and his peers of complaints about them in the 1oct06-30sep17 11-year period during which he has served on DCC. Those statistics and their analysis can be retrieved through the links in§F infra.
- The statistics show that 478 complaints about them were lodged. He tolerated the dismissal of the 478 of them regardless of their gravity and without any investigation, except in one case, which also ended up in complaint dismissal; as a current member of the DCC Judicial Council, he has participated in the 100% denial of petitions to review those dismissals.
- Such 100% record betrays his and his peers’ complicity in an unlawful agreement to protect each other from any adverse consequences of their complained-about conduct. Theirs is not the “good Behaviour” required by the Constitution, Article III, Section 1(*>jur:22fn12a), but rather behavior in dereliction of duty.
- Indeed, the essence of being a judge is being impartial and fair. That is how a judge conducts himself who is faithful to his oath of office(*>jur:53fn90), and thereby discharges his duty, to uphold the law.
- Judge Kavanaugh has shown that he is neither impartial between complainants and complained-about judges nor fair to the plight of complainants, other parties, and the rest of the public, whom he has recklessly left at the mercy of complained-about judges regardless of the gravity of their alleged misconduct. He has held himself and his peers unaccountable. As a result of such assurance of risklessness, he has emboldened himself and them to keep engaging in ever graver misconduct.
- J. Kavanaugh’s partiality and unfairness in covering up for himself and his peers in DCC provide probable cause to believe that he:
- covered up the sexual misconduct of Former 9thCircuit Chief Judge Alex Kozinski, for whom he clerked and with whom he interviewed prospective clerks for Supreme Court justices; and
- covers up for himself regarding the sexual assault accusations of Dr. Christine Blasey Ford.
- That probable cause is undergirded by my study of judges and their judiciaries(e.g.,*>jur:21§§1-3 ), which is titled and downloadable thus:
Exposing Judges’ Unaccountability and
Consequent Riskless Wrongdoing:
Pioneering the news and publishing field
of judicial unaccountability reporting * †
* Volume 1: http://Judicial-Discipline-Reform.org/ OL /DrRCordero-Honest_Jud_Advocates.pdf >all prefixes:page number up to OL:393
† Volume 2: http://Judicial-Discipline-Reform.org/ OL2 /DrRCordero-Honest_Jud_Advocates.pdf >from OL2:394
(This email is at OL2:768.)
- Judge Kavanaugh’s conduct contradicts his statement “I’m a pro-law judge” and renders it perjurious
- J. Kavanaugh has acquiesced and enforced DCC’s institutionalized cover-up of his and his peers’ complained-about conduct. So, he has impeached his assertion under oath during his confirmation hearings that ‘he is not a pro-prosecution or pro-defense judge, but rather he is a pro-law judge’. If he were the latter, he would have denounced and refused to apply DCC’s unlawful policy of 100% exoneration of judges.
- On the contrary, he and his peers have arrogated to themselves the power to abrogate in effect, and risklessly show contempt for, the law governing complaints about judges: the Judicial Conduct and Disability Act of 1980 (28 U.S.C. §§351-364;jur:24fn18a).
- In defiance of the law, J. Kavanaugh has protected his and his peers’ interest in escaping any discipline resulting from their complained-about conduct, while depriving complainants of their fundamental due process right: to be heard. They abuse their power to elevate themselves as Judges Above the Law(*>OL:5fn6).
- Issues for the Senate Judiciary Committee to question J. Kavanaugh on
- The official statistics allow the Committee to challenge him onhisenforcement of the DCC unlawful policy of 100% exoneration of himself and his peers from complaints about them.
- The Committee can require that J. Kavanaugh disclose his copies of all complaints involving him. All complaints are self-interestedly kept secret, contrary to the tenet “Justice should not only be done, but should manifestly and undoubtedly be seen to be done”(*>jur:44fn71). Such secrecy prevents ascertaining the nature, extent, and gravity of individual and collective misconduct, and detecting its patterns and trends.
- Also, the Committee can examine all the statements that J. Kavanaugh may have made concerning the Catholic Church’s decades-old policy of covering for abusive priests while leaving at their mercy ever more Church members and the rest of the public. Do his statements reveal the partiality and unfairness of a hypocritical double standard in favor of himself and his peers? Can he claim to be a pro-law judge when his conduct is guided by what is anathema to his duty as such: “The Law is NOT Equal For All”?
- Let the Committee question him on the official statistics(§F infra)showing that he and his peers do not even read the majority of briefs, never mind write the dispositive orders(cf.† >OL2:546¶¶4-7). Their pretense at applying the law to briefs that they have not read causes injury in fact and renders them liable to a host of causes of action(OL2:729).
- Such abusive conduct prompts the emergence from aMeToo!public intolerant of any form of abuse of a national movement of current, former, and prospective parties to demand that the courts refund filing fees, pay damages, and require judges to dispose of each case by writing a decision and that it be reasoned and address the brief section “ Relief Requested ”.
- Requested action from you in your own andWe the People’s interest
- Questioning J. Kavanaugh and all judicial candidates based, not on allegations and opinions, but rather on their own statistics will draw to you significant media and public attention. It can establish the framework for a bipartisan approach on the objective basis of “the math of abuse”.
- Such questioning can attract the attention of a huge (OL2:719¶¶6-8) untapped voting bloc: The Dissatisfied With The Judicial And Legal System. They are waiting for a courageous politician to expose unaccountable judges’ riskless abuse of power. You can become their national Champion of Justice.
- Thus, I respectfully request that you:
- question J Kavanaugh using the official statistics of his and his peers, as discussed above;
- publish this email on your website; and otherwise share and post it widely;
- share it with the journalists that cover you and ask them to have their media outlets publish it.
- The publication of this email can set in motion a generalized media investigation into judges’ abuse similar to the one into sexual abuse sparked byThe New York Times’s publication of its Harvey Weinstein exposé. It will be traced back to your concern for integrity and accountability in the federal and state judiciaries. It can lay the foundation for your reelection campaign and even a presidential bid.
- My offer of a presentation
- The above shows the kind of strategic thinking(OL2:445§B, 475§D) that informs the presentation that I offer to make to you, your colleagues, and supporters on what you can gain by exposing unaccountable judges’ riskless abuse of power.
- So I look forward to hearing from you at your earliest convenience. Meantime, I kindly request that you acknowledge receipt of this email.
- Links to official court statistics and their analysis
- Article on using official statistics and “the math of abuse ” to expose J. Kavanaugh, DCC Chief Judge Merrick Garland, & peers’ abuse of power: http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_JJ_Kavanaugh-Garland_exoneration_policy.pdf
- Table of complaints against judges lodged in, and dismissed by, DCC in the 1oct06-30sep17 11-year period:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_table_exonerations_by_JJ_Kavanaugh-Garland.pdf
- Collected official statistics on complaints about federal judges in the 1oct96-30sep17 21-year period:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_collected_statistics_complaints_v_judges.pdf
- Template to be filled out with the complaint statistics on any of the 13 federal circuits and two national courts:http://Judicial-Discipline-Reform.org/retrieve/DrRCordero_template_table_complaints_v_judges.pdf
- Article on “the math of abuse”: neither judges nor clerks read the majority of briefs, disposing of them through unresearched, unreasoned, arbitrary and fiat-like dumping forms; http://Judicial-Discipline-Reform.org/ OL2/DrRCordero-Honest_Jud_Advocates.pdf > OL2:760, 457§D
Visit the website Judicial Discipline Reform at,
and subscribe for free to its series of articles thus:
http:// www.Judicial-Discipline-Reform.org > + New or Users >Add New
Put your money
where your outrage at judges’ abuse
and your passion for justice are.
Donate here
or
at the GoFundMe campaign at
https://www . gofundme .com/expose-unaccountable-judges-abuse
https://www .linkedin.com/in/dr-richard-cordero-esq-0508ba4b
Dare trigger history!(*>jur:7§5)…and you may enter it.
Contact Dr. Cordero by sending your email to this bloc of his email addresses: Dr.Richard.Cordero_Esq @ verizon.net , DrRCordero @ Judicial-Discipline-Reform.org , CorderoRic @ yahoo.com .
From FB: 95 and 101 year old couple cares for each other at home
Merle says being in a nursing home for a stint was the worst thing that ever happened to him, so his wife Stella, age 95 took him home.
From SS/AAAPG.net–All hands on board. Linda Aters false arrest for failure to pay an attorney in an abusive gship $11k
while I still don’t know all the details, this woman is in jail for failure to pay $11k. Her assistant says she had no money to pay $11k to some probate attorney because they took all her money.
Please write, call and fax the parties involved and here they are:
Linda Aters, false arrest/imprisonment Maricopa County, Arizona
Sheriff Penzone 602-876-1000
Community Outreach 602-876-1685
Professional Standards Bureau 844-887-4483
Chris De Rose is clerk of the Superior court
email him: coccustomerrelations@mail.maricopa.gov
clerk of court phone number
Matthew E. Delinko, SBN 030540
BAUMAN LOEWE WITT
& MAXWELL, PLLC
8765 East Bell Road, Suite 210
Scottsdale, AZ 85260
Telephone: (480) 502-4664
4 Facsimile: (480) 502-4774
Emails:mdelinko@blwmlawfirm.com
and the judge’s name is Steven Holding in probate. Phoenix AZ
PROBATE
(This includes questions about Wills, Guardianship, and Affidavits of Real and Personal Property) To view information on the website you may click here, or you may call (602)37-CLERK, or (602)372-5375 for assistance.
Clerk’s office chris de rose:
case no. CASE NO.: CV2017-054872
court media relations: courtpio@mail.maricopa.gov
Bryan Bouchard
Public Information Officer
her attorney is
Brent M. Gunderson
Gunderson Law Group, P.C.
1839 S. Alma School Road, Suite 275
Mesa, AZ 85210
TelephonelFax: (480) 750-7337
E-mail: Brent@gundersonlawgroup.com
Attorney for Defendant Linda B. Arters
Also, Barb Stone is still in prison for protecting her mother and embarrassing the shizzola out of the lawyers and judges involved. I will be getting more info on her case this week to write, fax and call.
We have to stick together on abusive probate guardianships and demand that they end.
Joanne
From RM: Great list of youtube videos to watch on the probate/guardianship horror show which is always playing at a theater near you
From IAHC: Irish barristers come to the US to help on Innocence Projects
ON 16 OCTOBER, 1995 Audrey Edmunds was minding a neighbour’s, 7-month-old daughter Natalie at her home in Wisconsin in the US.
Edmunds had left Natalie alone in a bedroom for half an hour, but when she came back the child appeared to be choking and was unresponsive.
Emergency services were called, however by then Natalie’s condition had deteriorated and she died soon after.
An autopsy revealed extensive brain damage, and a forensic pathologist determined the cause of death to be shaken baby syndrome.
Edmunds was later convicted of murder. A court ruled that she had killed Natalie by shaking her to death.
Shaken baby syndrome (also known as abusive head trauma) is a term used to describe a number of conditions which when taken together are thought to show that a baby has been violently shaken.
Diagnosis of shaken baby syndrome has been the determining factor in a large number of murder, manslaughter and child abuse cases in the US.
However, the science behind the condition has long been questioned by experts, and convictions are increasingly being challenged across the US with the help of the Innocence Project.
The Innocence Project
After years of failed appeals and parole hearings Edmunds – who always maintained her innocence in Natalie’s death – had her case taken up in 2003 by the Wisconsin Innocence Project.
The Innocence Project was first set up in 1992 and it aims to exonerate the wrongly convicted. This is done through DNA testing and reforms to the criminal justice system to prevent future injustice.
Shaken baby syndrome cases have increasingly become an increasing part of Innocence Project cases as the science behind convictions becomes more and more questioned.
With the help of the Innocence Project, Edmunds was able to challenge the expert opinion that had led to her conviction in 1996. She was eventually fully exonerated.
It was another shaken baby case that Irish junior barrister Mark Curran spent the majority of his time focussed on when he worked with the Wisconsin Innocence Project over the summer.
Curran was one of five Irish barristers to be awarded a scholarship from the Bar of Ireland last year to travel to different states in the US and work with Innocence Projects there.
Speaking this week at the launch of the Bar’s 2017 scholarships, Curran said he didn’t know what to expect when he went over.
“I didn’t really know what I was getting into when I arrived in Wisconsin and what the day to day life as an innocence attorney would be like,” said Curran.
He said that a senior colleague sent him a link to the David and Goliath Wikipedia page as an example of the quintessential innocence project case.
“That’s what it is to be an Innocence Project attorney,” said Curran.
“It’s small very dedicated, underfunded group of individuals who are seeking to exonerate inmates.”
These inmates would in many cases have exhausted the appeals process and be near the end of having any chance of proving their innocence.
Curran said that 99% of the time he spent working in Wisconsin was on a single case of a child who died from shaken baby syndrome.
His case involved a man who was convicted in 2006 for the reckless homicide of his 11-week-old son and had been sentenced to 40 years in prison without parole.
“A huge amount of cases are being taken by Innocence Projects right across the United States challenging shaken baby syndrome cases,” said Curran.
As the last five to 10 years in particular show the science behind shaken baby syndrome… just isn’t as solid as was previously thought.
Read: Dean Strang on Steven Avery: ‘I’m very hopeful that they will discover new evidence and get him back in court’
Read: Gang members, DNA evidence and Making a Murderer: The burden of proving innocence in the US
Five Irish barristers to travel to US to work on Innocence Project cases

Up to five Irish barristers will travel to the US this year to help exonerate wrongfully-convicted individuals with support from The Bar of Ireland.
Paddy Armstrong of the Guildford Four, who was falsely convicted of carrying out bombings in 1975, spoke at the launch of The Bar of Ireland’s 2018 Innocence Scholarships in the Law Library.
Since 2010, The Bar of Ireland has sponsored junior members to travel to the US to work on Innocence Project cases.
Mr Armstrong, who spent 15 years in prison after being convicted of helping carry out the Guildford and Woolwich bombings in 1975, commended The Bar for for supporting access to justice.
He said: “It’s a sad state of affairs that in 2018 people the world over are still being robbed of their human rights and spending years in prison for crimes they did not commit.
“People working in the legal profession gain very valuable insights by both witnessing this injustice and in working to counter it first-hand. I commend The Bar of Ireland for supporting these scholarships on an annual basis, and in particular I thank the barristers who travel each year. I am very confident your efforts and commitment mean the world to the people at the centre of the innocent projects cases you represent.”
Also speaking at the launch were two barristers who were awarded Innocence Scholarships in 2017: Maria Watson BL, who travelled to Wisconsin, and Patrick Crowe BL, who travelled to Florida.
Paul McGarry SC, chairman of the Council of The Bar of Ireland, said: “Every year we are reminded of the importance of our Innocence Scholarships when participants return home and share their experiences with us. The experience they gain both professionally and personally working on cases of such importance is invaluable.
“As barristers, advocating for access to justice on behalf of our clients is central to our day to day work. Doing so on behalf of wrongfully convicted and imprisoned individuals heightens that mission even further.”
Humbolt County California corruption victim seeking low cost/fee housing near San Francisco
This is a very nice young man, age about 30, who has filed a federal court lawsuit regarding a false corrupt guardianship case. Since he is a targeted individual (by police and authorities), it is best his location and information should be kept confidential.
Call or email me if you some room for this nice young man. He has suffered quite a bit. he is Christian.
From EB: Massive fraud found in Palm Beach gship cases of Betsy Savitt–fees to be disgorged
EXCLUSIVE: Betsy Savitt guardianship report alleges ‘wrongdoing by sitting judges’
Posted: 8:15 p.m. Wednesday, September 05, 2018
A confidential investigation into controversial professional guardian Elizabeth “Betsy” Savitt contains “allegations or suggestions of wrongdoing by sitting judges,” an administrative judge revealed on Wednesday.
The revelation surfaced during a first-of-its-kind hearing into whether Savitt should face sanctions for conflict of interest with judges involved in her guardianships, including her husband, former Circuit Judge Martin Colin.
The action against Savitt by the state Office of Public and Professional Guardians is based on the report by the Inspector General of the Clerk of Court in Palm Beach County. The new guardianship office is asking for sanctions against Savitt. Those sanctions could effectively bar her from practicing in this county and may include repayment of up to $190,000 in guardianship fees.
Savitt, as a professional guardian, was a so-called “member of the judicial community,” dining with judges and even going on vacation with one. The former chief judge felt it necessary to move all her cases out of the South County Courthouse, concerned with the appearance of coziness between Savitt and judges there.
Savitt’s attorney, Ellen Morris, tried in vain to exclude the investigative report, with its judicial allegations of wrongdoing, from Wednesday’s proceeding. Morris in a pleading said the report contains “statements and conclusions that are highly objectionable throughout.”
But Administrative Law Judge Mary Li Creasy said she found nothing in the report that makes it confidential under state law — no Social Security numbers or medical information of incapacitated seniors or disabled adults. Palm Beach County Clerk Sharon Bock has refused to turn over the report despite a public records request filed by The Palm Beach Post on June 20.
Creasy said Morris’ concerns about the allegations against judges was also not a basis to bar the report as evidence against Savitt.
2012 investigation of Savitt
Anthony Palmieri, the clerk’s deputy inspector general, testified at the hearing that in May 2012 the clerk’s office alerted then-Chief Judge Peter Blanc about a conflict of interest involving Savitt and Colin. He didn’t know what Blanc did with the report but Blanc told The Post last week that he cautioned Colin to be careful not to preside over his wife’s cases.
Savitt testified she didn’t know until recently that her husband signed orders in her cases. She said if she had known, she would have alerted her attorney to “a mistake.”
However, she also repeatedly said she had no conflict of interest despite the fact that her husband sat as a guardianship judge who at times ruled on her cases and granted fees in other cases to attorneys who worked for her. Morris argued state guardianship statutes don’t specifically say that a guardian married to a guardianship judge has a conflict of interest.
“I don’t have a conflict of interest arising from my marriage,” Savitt said. “I didn’t appear in front of Judge Colin. He wasn’t presiding over any of my cases. He wasn’t the judge on any of my cases.”
The Post reported Sunday that Colin’s was an invisible hand in Savitt’s guardianship cases. He asked Delray Beach elder law attorney Sheri Hazeltine in the fall of 2009 to represent his wife as the tennis instructor aimed to enter the lucrative field. A professional guardian is appointed to oversee the affairs of seniors who are found incapacitated by the court. They can handle all financial, health care and residency decisions for the ward.
At least twice, Colin appointed Hazeltine, who took action that led to Savitt becoming a guardian.
Savitt, in testimony, denied Hazeltine’s account that Judge Colin pegged her to represent Savitt. Hazeltine at the time had numerous cases in front of Colin and told The Post that being a sole practitioner with a disabled child that “there was a natural measure of fear involved” in being asked to do something for her home-court judge.
Hazeltine said she quit as Savitt’s attorney when she learned that the guardian was taking fees prior to judicial approval.
Savitt also testified that there had never been any complaints from family members of her ward about a conflict of interest.
‘Never said a word’
However, James Vassallo said Savitt never disclosed that she was married to a guardianship judge and if he had known, he would have never allowed her to be guardian to his father, Albert Vassallo Sr.
“Never ever did she say a word to me about that,” Vassallo said. “I would never have hired her. I found out later. She told me that it didn’t matter what I said, she was married to a judge and that she could do whatever she wanted.”
Vassallo said Wednesday that he spent $20,000 fighting Savitt over his father’s trust and to keep her from funneling money to his sister, who had previously taken money from his dad and was the reason he sought the guardianship in the first place.
“And I’m still getting bills that my father owes, like from the hospital and stuff, that she never paid.”
Thomas Mayes, son of Savitt ward Helen O’Grady, said in The Post’s 2016 investigation, Guardianships: A Broken Trust that Savitt never disclosed her conflict with her husband.
The Mayes family learned that Savitt was married to a judge when Circuit Judge Rosemarie Scher, then presiding over their case, said she’d been out to dinner with the couple and described the judge’s wife as “part of the judicial community.”
“Savitt never told us beforehand, which I thought she should have,” said Mayes. “The lawyers never told us.”
Savitt testified she disclosed her marriage by identifying her husband as “Martin Colin” on her guardianship applications. However, Savitt didn’t identify him as a sitting judge, saying that the court or the clerk of court would automatically just know.
Palmieri testified that just putting Colin’s name under spouse in the guardianship applications did not go far enough.
One easily refutable statement by Savitt, under oath, at Wednesday’s hearing was that no other judge but Colin recused himself from her cases. In fact, Circuit Judge John Phillips recused himself routinely. Also, after The Post’s investigation, then-Chief Judge Jeffrey Colbath required south county judges to recuse themselves from Savitt’s cases. He also removed all of Savitt’s cases from the South County Courthouse out of concern of conflict of interest.
A large swath of time at Wednesday’s hearing was spent delving into when Savitt took money from the life savings of her wards prior to a judge’s approval.
Savitt admitted she wrote checks out of the wards’ accounts prior to judicial approval and deposited them into a personal checking account but insisted she was serving the wards’ best interest.
Palmieri testified that of the 2,000 guardianship cases he has investigated, only Savitt has taken retainers. The Post found Savitt took $20,000 in retainers in at least seven guardianship cases.
Savitt testified she took retainers at the advice of her counsel at the time.
Palm Beach County’s judicial circuit prohibited the practice after The Post reported on Savitt and Colin.
Morris argued at the hearing that Savitt eventually disclosed the retainers to the judges presiding over her cases and that they were all approved.
Vacationed with judge
Savitt also addressed her relationship with Circuit Judge David French, who oversaw the majority of her cases. Michael McKeon, senior attorney for the Department of Elder Affairs, asked Savitt whether she was “friendly” with French.
“I’m friendly to all the judges,” Savitt said.
Savitt said French is a friend and that she vacationed with him in the Bahamas in 2006 or 2008 before he was a guardianship judge. She couldn’t remember the last time she visited his home.
When asked whether she believes she has a conflict when it comes to French, Savitt said no. “Judge French takes an oath. He would recuse himself,” she said.
Despite an order from the chief judge to recuse himself from Savitt cases, French appointed the guardian to a pro bono case in January 2017 — her last guardianship appointment. The appointment allows Savitt to remain on the wheel for random appointments under new rules.
The latest case, involving senior Mavis Samms, includes accusations from the family that Savitt allowed the senior’s home to go into foreclosure.
“Savitt has made a mess of my mom’s finances,” according to an emergency motion filed by Samms’ daughter, Paula, in May 2017.
McKeon asking Savitt to be declared “unfit to serve as a guardian” due to the conflict of interest and acting in bad faith toward her wards.
Morris, representing Savitt, said the guardianship office brought the complaint in bad faith and that she would be seeking attorney fees.
The hearing will continue today. Judge Colin and Hazeltine are listed as witnesses.
What The Post Found
The savings of incapacitated seniors flowed into the household of Palm Beach County Circuit Judge Martin Colin courtesy of Colin’s wife — professional guardian Elizabeth “Betsy” Savitt. Fees in most of her cases were approved by another judge who is a friend of her husband’s. See the stories from the beginning at myPalmBeachPost.com/guardianships-colin-savitt/
From DF: Polypharmy in the elderly; taking too many prescription meds can be risky or even deadly
https://www.agingcare.com/articles/polypharmacy-dangerous-drug-interactions-119947.htm
Polypharmacy in the Elderly: Taking Too Many Medications Can Be Risky
Polypharmacy occurs when a patient takes too many medications for their own good. It is most common among seniors and individuals with multiple medical issues. Because older people metabolize drugs differently, the combined effects of numerous medications can be especially harmful.
Being on too many medications can lead to potentially dangerous drug interactions and exposure to many side effects at once. Keep in mind that this applies not to just prescriptions, but also to over-the-counter (OTC) medications and dietary supplements, which patients often use as needed without informing their doctors.
Treating only one chronic medical condition may require several prescriptions, but for seniors who often have several ailments, their medication regimens can be very complex. It can get to the point where the patient doesn’t know all the drugs they are taking, why they’re needed, or how to take them properly. What’s worse is that even their physicians may not be aware of all the medications they’re taking.
The average older adult takes four or more prescription drugs each day. While each one was created to treat or correct a specific medical problem, each comes with its own risks and side effects. The more medications a person takes, the higher the chances are for experiencing adverse reactions, negative side effects and even life-threatening conditions.
Symptoms of Polypharmacy
“Polypharmacy is a huge problem in our society,” says Stephen Sinatra, MD, internationally renowned cardiologist and author of, The Great Cholesterol Myth. According to Sinatra, elderly patients are often put on five or more medications at once and it’s no surprise that they develop serious side effects. This is especially true for people who have been diagnosed with heart disease or recently suffered a heart attack or stroke. “Unfortunately, many doctors attribute these side effects to just getting older,” Dr. Sinatra notes, but age isn’t always the culprit.
If a loved one takes multiple prescriptions, OTC medications and/or supplements each day, it’s important to keep an eye out for the following red flags:
- Tiredness, sleepiness or decreased alertness
- Constipation, diarrhea or incontinence
- Loss of appetite
- Confusion, either continuous or episodic
- Falls
- Depression or general lack of interest
- Weakness
- Tremors
- Hallucinations, such as seeing or hearing things
- Anxiety or excitability
- Dizziness
- Decreased sexual behavior
- Skin rashes
Responsible Medication Management Can Minimize Polypharmacy
The first and most important step is to inform every physician involved in your loved one’s treatment of every medication and supplement your loved one takes. The easiest way to do this is to collect every pill bottle/container and make a detailed account of their medication regimen. The list should include each drug’s name, strength (in milligrams or international units), recommended dosage and instructions (such as frequency and timing), and any cautions stated on the bottle or package.
Retain a copy for your own records and provide each of your loved one’s physicians with a copy. Each time a drug is added, removed or changed, be sure to update the document. This tool allows all doctors to get a complete and accurate picture of your loved one’s health and medications before making any treatment decisions. Having a copy on hand in the event of an emergency can be extremely useful as well.
Whenever a new drug is prescribed, it is crucial to read the printed medication guide that comes in the package. This insert will provide information about the medicine, how to take it, possible interactions with certain medical conditions, other drugs, and foods, and tips for avoiding adverse effects while taking it.
Try to Use One Pharmacy to Fill Prescriptions
As another line of defense against medication related problems, make your loved one’s pharmacist a larger part of their care team. Some people like to shop around for the best prices on their prescription medications, which often means filling them at several different pharmacies. Unfortunately, this prevents pharmacists from gathering information about all the medications a patient is taking and detecting possible side effects and interactions. It’s best to use one pharmacy for all prescriptions to minimize the chances that potential risks are overlooked.
Schedule Regular Brown Bag Check-Ups
Depending on how frequently a senior’s regimen changes, it’s wise to attend a “brown bag” checkup with your loved one’s physician or pharmacist at least once a year. Traditionally, this involves bringing all a senior’s medications in a brown bag (or you can use a current copy of your loved one’s medication list) to discuss improvements that might be made to their regimen. Of course, a doctor will have more insight into and control over these changes, whereas a pharmacist can only make minor alterations to a prescription after receiving approval from the prescribing physician.
Vik Rajan, MD, president and founder of Houston Patient Advocacy in Texas, recommends asking these questions during a medication check-up with a doctor:
- What medications is my loved one taking and why?
- How necessary is each medication? Can any be removed or have dosages reduced?
- Are any medications interacting with each other in a negative way?
- Could these medications be causing additional symptoms or conditions?
It may be wise to schedule a doctor’s appointment specifically dedicated to answering these questions to ensure you have time to address all your concerns. It’s difficult to squeeze everything into a generic 15-minute appointment.
A pharmacist can run a database analysis of each drug your loved one is taking and the overall combination. This service identifies possible side effects and drug conflicts, often at no additional cost. While consumers can usually walk in and consult with a pharmacist, making an appointment with the pharmacy for a full medication review will help ensure you won’t be kept waiting.
Polypharmacy may be the biggest threat to seniors’ health, quality of life and longevity. As a caregiver, you can work with your loved one’s care team and spearhead efforts to prevent medication issues. Following all the suggestions above can help you get started.
From DSS: Judge rules suit valid against State Bond for probate court abuse of Willie Jo Mills
On May 15, 2018, federal judge Lee H. Rosenthal in Houston issued a landmark ruling allowing a wrongful death lawsuit to proceed against the $500,000 public official bond of state probate judge Christine Butts in Harris County. The claim against Judge Butts’ bond was brought to the Southern District federal court of Texas by Sherry Johnston who alleges Judge Butts turned a blind eye to the preventable decline of her aging mother Willie Jo Mills while she was a ward of the State of Texas under guardianship.
“It is unconscionable that this abuse can occur under the watch of the U.S. Attorney General in 2018,” said Taso Pardalis, an attorney and partner with Pardalis & Nohavicka Lawyers in New York. “Approximately 5 to 10% of adult guardianships in this country are reported to have a fraudulent aspect — yet the percentage is most certainly much higher.”
In North Carolina, Ginny Johnson claims she had been named her father Hugh Beverley Johnson’s power of attorney and health care proxy but after a sibling filed for guardianship in Wake County’s Special Proceedings Estate Division Probate Court, a professional guardian was appointed instead.
Johnson says she cared for the 95 year old Hugh in the colonial home she was raised in for 35 years until one day, three months after her dad had been guardianized, she came home to find herself locked out of their Raleigh house with no trace of her Dad.
“My father was in great shape until he was warehoused by the court appointed guardian in a care center that starved him, restricted him from seeing me and didn’t shower him regularly,” Johnson said.
A year later, the elderly military veteran, who had owned a dry cleaning business, passed away at 96 years old, according to Johnson who has since filed a wrongful death lawsuit with the North Carolina Industrial Commission.
The Commission declined to comment.
“We are the state’s designated tribunal/court for tort claims against the State of North Carolina and, as such, we simply cannot comment on any potential, pending or adjudicated claim before us,” said J. Brian Ratledge, general counsel with the North Carolina Industrial Commission.
Johnson is among a growing number of adult children who regret involving their local court to stop the negative dynamics of their dysfunctional families.
“Family dysfunction and sibling rivalry are the primary reasons the matriarch or patriarch of a family is typically guardianized and ultimately starved, drugged or isolated to death unless they are restored to capacity,” said Dr. Sam Sugar, founder of Americans Against Abusive Probate Guardianship(AAAPG) in Hollywood, Florida.
Errol Rappaport has taken to standing in front of the residence daily where his 100 year old mother Frances resides with a sign that says, “I want to see my Mommy” in order to draw attention to the emotional pain he is experiencing at being alienated from his parent who is under a court appointed guardianship.
“I am my mother’s son, her flesh and blood,” Rappaport said. “I don’t understand why I cannot visit unannounced. My mother wants to be around family members when she passes away not caregivers.”
Rappaport says he was taking care of his elderly mother and father just fine but after his father died, relatives allegedly asked to sell the family’s $6 million apartment located at 200 Central Park South apartment and 59th Street.
When Rappaport opposed the sale, he says he was hauled into housing court where a judge appointed a guardian over his mother who was then moved to an apartment in Queens. Originally, the devoted son could visit the elderly Frances 5 hours a day but now he is allegedly only allowed to visit 2 hours and he has to schedule that time 48 hours in advance.
“What are they hiding?” Rappaport said.
The court appointed guardian in Rappaport’s case is Sabrina Morrissey, an attorney who declined to comment.
“Even though a guardianship should be used to honor the best interest of the ward, it’s become clear that the system has become a business,” said Pardalis.
A “ward” is a legal term used to describe a senior citizen who has been guardianized due to cognitive decline, such as memory loss. But younger adults are also at risk for becoming a ward of the state due to autism, mental illness or car accidents that lead to disabilities.
The AAAPG’s Dr. Sugar says he gets new calls daily from adult children who are either left penniless, restricted from visiting their parents or both.
“It’s the worst punishment to inflict on an adult child whose parent is at the end of their life because they may never see their mother or father again,” Dr. Sugar said. “Court insiders collude on these restricted visitation orders to crush any challenge to the Judge or guardian’s ultimate authority.”
Active pending adult guardianship cases in the U.S. range from fewer than 1 million to more than 3 million, according to the National Center for State Courts, but with baby boomers entering their golden years and experiencing Alzheimer’s or dementia, that number is on the rise.
By 2020, some 14 million seniors are expected to be afflicted, according to the Alzheimer’s Association data, and they will be at risk for guardianization by the courts.
“The court and the court appointed guardian cannot strip the person of all their assets unless they first declare the individual incapacitated at which point the guardian owns them the way a master owns a slave,” said Dr. Sugar who authored the best selling book Guardianships & The Elderly:The Perfect Crime.
That’s because once an individual is placed under guardianship, he or she becomes a ward of the state, forfeiting their assets while losing all of their rights.
Critics claim guardians appointed by judges, whether they are greedy family members or court insiders, rob the estate by overcharging for tasks and duties that family members perform out of love.
“Private guardians are legally allowed to charge a ‘reasonable’ fee but the State has not defined the term,” Pardalis said. “Some private guardians charge rates as high as $600 an hour for tasks as menial and mundane as writing emails. Fees are billed to the ward’s estate and without sufficient supervision by the State of the guardian’s operations, there is a high potential for financial abuse.”
Orders of restricted visitation can also be very expensive.
For example, Mary Bush in West Chester, Pennsylvania is required to pay $50 to visit her 87 year old mother Genevieve Bush who resides at Park Lane nursing home.
An APS worker and a Sheriff must also be present, according to Bush’s visitation order.
“The court has unjustly labeled me a criminal and violated my due process rights,” Bush said. “My mom had a million dollar estate that has been liquidated by court appointed guardians.”
The Honorable Judge Katherine Platt of the Chester County Court of Common Pleas declined to comment specifically on the Bush guardianship but stated that neither the county nor the state profit from senior citizens who are wards of the state of Pennsylvania under guardianship.
“If anything, they are a drain on judicial resources,” Judge Platt said. “Judges are law trained. We are not social workers and most of us don’t have advanced degrees in the mental health arena. Family dynamics, in some cases, go beyond what our constitutional commission requires of us.”
Judge Platt says she has witnessed court appointed guardians and judges alike being pulled into the dynamics when a parent of a dysfunctional family is guardianized.
“If a court appointed guardian has to deal with dysfunctional relatives of an incapacitated person, they are entitled to be compensated for the time it takes to intercede,” said Judge Platt, an Orphans’ Court judge.
As for orders of visitation that limit an adult child’s visitation with a relative at the end of their life, Judge Platt said, “There’s nothing written in our statute that defines severity.”
But Philadelphia Attorney Alan Denenberg defined severity in a federal lawsuit he filed in the U.S. District Court for the Eastern District of Pennsylvania against two Westtown East Goshen Police Officers whom he alleges conspired to violate Ms. Bush’s 4th Amendment Rights under the U.S. Constitution by using excessive force in the parking lot of Park Lane nursing home where Ms. Bush’s mother resides under guardianship.
Bush v. East Goshen Township et al, against Sergeant James Renegar and Ted Lewis of West Chester, outlines four counts including assault and battery under state law.
“Sgt. Renegar lunged at the Plaintiff Mary Bush, grabbing her cell phone and throwing it to the ground,” stated Counselor Denenberg in an August 29, 2018 Amended Complaint. “Sgt. Renegar then body slammed the Plaintiff onto the pavement causing her head to strike the hard surface. Although she was not resisting arrest, Sgt. Reneger got on top of the plaintiff, twisted her left arm way up her back and threatened to shoot or taser the Palintiff.”
The adult guardianship system in the U.S. is in plain need of greater oversight. But in the meantime, in order to avoid a full-on custody court battle that leads to restricted visits with relatives at the end of their lives, Judge Platt recommends professional mediation.
“Sometimes real contentions exist between family members and there’s quite a discernment that needs to take place to evaluate deep seated historical grievances,” she said. “Mediators have more time for the nuances.”
Meanwhile, the adult children who feel defrauded and are restricted from visiting their elderly relative are increasingly joining immigrant parents who are protesting being separated from their children under detention.
“We feel their pain,” Bush said. “It’s the same situation except it’s our elderly parents who are being detained and we are Americans being separated from them.”
Good news: from FB post: Jury awards $16.4 million against probate lawyers for abusing an elderly man in a nursing home
For those of you who are trying to decide whether you can sue in Federal Court for the abuses your loved one suffered, read on:
Alleged Elder Negligence in Florida Leads to Multimillion-Dollar Jury Award
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Case shows just how easy it is for seniors to lose control of their lives and finances.
Oliver Bivins was allegedly living in a dirty and uncared for condo in Palm Beach, Florida, when his son Julian wanted to relocate him back to Amarillo, Texas, where the Bivins family had made their fortune in oil and gas.
“I thought it would be a no-brainer to transfer Oliver home,” said attorney J. Ronald Denman, litigator with the Bleakley Bavol Law, whom the younger Bivins had hired in 2011.
Instead, the case dragged on for six years. Denman had unwittingly signed on to an elder guardianship case in which a diagnosis of incapacitation had turned Oliver Bivins into a ward of the state of Florida along with his tens of millions of assets.
“Once Oliver was in that system, my client Julian couldn’t get his dad or assets out of it,” said Mr. Denman.
In his doting age, Bivins had reportedly fallen prey to a care manager’s emergency application for court-appointed guardianship on a weekend trip to Florida.
Court-appointed guardians Curtis Rogers and Stephen Kelly allegedly filed a motion to prevent Mr. Bivin’s son from living with his grandfather and when a judge approved it, he was ordered to move out and leave Oliver to fend for himself.
“The lawyers hired by the court-appointed guardian began attacking Julian, making him out to be a bad guy when the truth is that Julian loved his dad and wanted to take care of him,” Mr. Denman said.
About 21.6% of 1.4 million Palm Beach County residents are aged 65 years or older, according to the U.S. Census Bureau, and according to the Clerk & Comptroller of Palm Beach County’s chief communications officer, Nannette Rodriguez, the number of guardianship cases has fluctuated from 2,700 to 3,000 since 2014 but Ms. Rodriguez stopped short of commenting on any specific case and declined to confirm or deny whether complaints had been filed with the Clerk & Comptroller’s office about any of the defendants.
When an individual, such as Oliver Bivins, is deemed a ward of any state of the U.S., he is stripped of his constitutional rights, civil rights and ability or right to enter an attorney/client relationship. As a result, Mr. Bivins was forced to rely upon a court-appointed guardian to do so on his behalf.
“In Oliver’s case, he was still quite aware of what was occurring but was helpless to do anything to change the direction of the guardians or the attorneys they hired,” Mr. Denman said.
It was not until Denman filed a complaint in the U.S. District Court Southern District of Florida West Palm Beach Division against the guardians, Mr. Kelly and Mr. Rogers, and their attorneys Brian O’Connell and Ashley Crispin that the devoted son found relief.
The September 2015 Bivins v Rogers lawsuit alleged that Mr. O’Connell and Ms. Crispin in their role as lawyers for Mr. Rogers, while he was acting as guardian for Oliver Sr., owed similar duties to Oliver Sr. and were fully aware that the work they were doing for Mr. Rogers was for the benefit of Oliver Sr. but that Mr. Rogers and his attorney s were negligent and reckless in the exercise of their fiduciary duties to Oliver Sr., resulting in damages.
Attorney Brandon J. Hechtman, who was part of the defendant’s legal team, stated in an email that he could not provide PacerMonitor News with specific commentary.
According to court records, defendant’s counsel argued that they were representing the guardian directly as opposed to the ward and therefore should not be held responsible for the condition of Oliver Bivins or his estate because they had no direct attorney-client relationship with the ward.
“In reality, the attorneys are supposed to act in the best interest of the ward, who in this case was Oliver Bivins, because they get paid by the ward’s money,” said Mr. Denman.
For years, watchdog groups like Americans Against Abusive Probate Guardianship (AAAPG) have advocated for federal and state authorities to outlaw elder guardianship not only in Palm Beach County but in all 50 states.
Under guardianship, seniors are often starved, overmedicated, abused, robbed and isolated, and family members are banned from visiting, according to Dr. Sugar, who founded AAAPG in Ft. Lauderdale, Florida.
“Judges, lawyers and guardians are not medical professionals and should get out of the business of caring for the elderly,” said Dr. Sugar whose AAAPG acts as a clearinghouse of cases nationwide. “Victims like Julian and Oliver Bivins are among the families who have the financial means to pay for justice. Others are not so fortunate. I get new phone calls every day from family members who are concerned for the welfare of their aging family members who have been involuntarily or unknowingly placed under guardianship.”
Attorneys for Ms. Crispin and Mr. O’Connell have not responded to Pacer Monitor’s requests for comment.
To win the Bivins case, Denman based his argument on Saadeh v. Connors, in which a 1996 opinion of former Florida Attorney General Robert Butterworth stated services performed by an attorney who is compensated from the ward’s estate are performed on behalf of the ward even though the services are technically provided to the guardian. After emigrating from Jordan with his wife, Karim Saadeh raised a family of three children and became a very successful businessman. After his wife’s death in 2007, Mr. Saadeh met a younger woman and allegedly began loaning her money, which his adult children objected to by contacting an attorney named Colette Meyer.
An incapacitation petition was filed and after a hearing, the court-appointed a guardian.Butterworth further wrote, “Under the state’s guardianship statutes, it is clear that the ward is the intended beneficiary of the proceedings. Section 744.108, Florida Statutes, authorizes the payment of attorney’s fees to an attorney who has rendered services to the ward or to the guardian on the ward’s behalf.”
According to the Bivins’s federal complaint, the Palm Beach County court-appointed guardians had not only allowed several of Bivins’s properties to deteriorate but also reversed the transfers of money the older Bivins initiated for Mr. Bivins, his beneficiary son.
A federal jury sympathized with Mr. Bivins plight, ruling that Ms. Crispin and Mr. O’Connell, the attorneys appointed to oversee the estate of Oliver Bivins, were deemed liable for professional negligence and for breaching their fiduciary duty to the elderly Bivins who died in 2015 at 98 years old.
In July 2017, Julian Bivins walked away with a jury verdict and award of $16.4 million
From AD of FB: Guardianship is the worst civil penalty for an US Citizen there is
BALTIMORE, March 22, 2018 /PRNewswire-USNewswire/ — The National Council on Disability (NCD) – an independent federal advisory body – today will release and discuss the findings and recommendations of a seminal national report that thoroughly examines guardianship – the process through which an adult can be found legally incapable of making decisions for him or herself and another adult appointed to make decisions on behalf of that individual – in view of the estimated 1.3 million Americans subject to guardianship and the goals of longstanding national disability rights policy. The report release presentation will occur in Baltimore, Maryland at the Jacobus tenBroek Disability Law Symposium.
“Former Congressman Claude Pepper famously said of guardianships, ‘The typical [person subject to guardianship] has fewer rights than the typical convicted felon… It is, in one short sentence, the most punitive civil penalty that can be levied against an American citizen, with the exception, of course, of the death penalty,'” said Phoebe Ball, NCD Legislative Affairs Specialist who worked extensively on the report. “NCD chose to examine this topic at depth given the implications for someone’s civil rights and liberty under guardianship – that an individual is losing the authority to make decisions regarding where to live, whether to work and where, where to travel, with whom to socialize, and how to manage money and property. We need to explore alternatives to guardianship such as supported decision making that enable people to avoid this civil death.”
The findings and recommendations in the report, Beyond Guardianship: Toward Alternatives that Promote Greater Self-Determination for People with Disabilities, are the product of qualitative research on the experiences with guardianship and decision making alternatives of people with disabilities, their families, and professionals within the guardianship system gleaned through interviews; in addition to an extensive review of relevant scholarship and recent studies.
Report Findings:
Amongst its key findings, NCD’s Beyond Guardianship study found that:
- Guardianship is often imposed when not warranted by facts or circumstances, because guardianship proceedings often operate under erroneous assumptions that people with disabilities lack capability to make autonomous decisions and rely upon capacity determinations that often lack sufficient scientific or evidentiary basis.
- Although guardianship is considered a protective measure, courts often lack adequate resources, technical infrastructure, and training to monitor guardianships effectively and hold guardians accountable, which at times allows for guardians to use their positions to financially exploit people subject to guardianships or subject them to abuse or neglect.
- People with disabilities are often denied due process rights in guardianship proceedings.
- Although most state laws require consideration of less-restrictive alternatives, courts do little to enforce those requirements. Similarly, though every state has a process for the restoration of one’s rights lost through guardianship, the process is rarely used.
- There is a lack of data on existing guardianships and newly filed guardianships, which frustrates efforts of policymakers to make determinations about necessary areas for reform.
“People with disabilities should be given the maximum opportunity to make decisions for themselves and to live the lives that they want to live,” said Neil Romano, Chairman of NCD. “At NCD, it is our responsibility to offer policymakers the best information available so that can make decisions designed to move people with disabilities toward full inclusion and equality in our society and help them fully realize their American birthright of life, liberty, and the pursuit of happiness.”
Report Recommendations:
For each major finding, NCD offers recommendations to federal and state policymakers to address areas of concern.
A small sampling of the report’s recommendations includes:
- The Department of Justice (DOJ), in collaboration with the Department of Health and Human Services (HHS), should issue guidance to states (specifically Adult Protective Services [APS] agencies and probate courts) on their legal obligations pursuant to the Americans with Disabilities Act (ADA).
- The Administration for Community Living (ACL) currently funds the National Resource Center for Supported Decision-Making and several demonstration projects at the state and local levels. These grants should be expanded to be able to fund more geographically- and demographically-diverse projects and pilots that specifically test SDM models and use SDM and the court systems to restore people’s rights as a matter of law, particularly for people who are older adults with cognitive decline, people with psychosocial disabilities, and people with severe intellectual disabilities.
- DOJ should make funding available to train judges in the availability of alternatives to guardianship including, but not limited to, supported decision making. This training should also include information about the home and community-based–services system and the workforce development system so that judges understand the context in which decisions are being made by and for people with disabilities.
- A state guardianship court improvement program should be funded to assist courts with developing and implementing best practices in guardianship, including training of judges and court personnel on due process rights and less-restrictive alternatives.
Report: Beyond Guardianship: Toward Alternatives that Promote Greater Self-Determination for People with Disabilities is available for download at: http://www.ncd.gov/publications/2018/beyond-guardianship-toward-alternatives.
SOURCE National Council on Disability
You just read:
Federal Report Examines “Civil Death” of the Rights of People with Disabilities and the Elderly under Guardianships, Calls on Department of Justice to Ensure Full and Fair Due Process Rights
From AP News: Chicago Federal Court Judge relieved of duties for ethics violation
CHICAGO (AP) — A federal judge in two of Illinois’ highest profile cases has been removed from hearing all his criminal cases after it was revealed he exchanged emails with an employee at the U.S. attorney’s office in which he commented on and joked about one of his trials in progress at the time.
Some legal experts said Tuesday the matter could lead to a review of hundreds of cases to see if Judge Colin Bruce had sent out similarly inappropriate emails during trials before, a review process that could create trial delays and logjams at the U.S. District for Court for central Illinois.
“It is an understatement to say that this is outrageous,” said Phil Turner, a defense attorney in Chicago and a former federal prosecutor in northern Illinois with no cases before Bruce. “It’s extremely unusual and way beyond the pale.”
The Urbana-based Bruce had been presiding over ex-U.S. Rep. Aaron Schock’s corruption case and the case of Brendt Christensen, accused in the 2017 kidnapping and slaying of Yingying Zhang, a Chinese scholar at the University of Illinois. Neither case has yet gone to trial.
Schock, a Peoria Republican, resigned in 2015 and was indicted on allegations of misusing funds in 2016. The 37-year-old has pleaded not guilty.
Prosecutors are seeking the death penalty for Christensen, saying he tortured Zhang, 26, before killing her.
Chief U.S. District Court Judge James Shadid said in a one-sentence statement Tuesday that he had “temporarily reassigned” all of Bruce’s cases in which federal prosecutors are a party. He didn’t say why.
Bruce’s emails to a paralegal at Springfield’s U.S. attorney’s office came to light last week in a motion for a new trial by Sarah Nixon, convicted in December 2016 of international parental kidnapping. She was sentenced last year to just over two years in prison. The U.S. attorney’s office disclosed the emails to the defense in May, saying it had only recently become aware of them, according to Nixon’s motion.
In one Dec. 17, 2016, email Bruce sent before Nixon’s trial had ended, he said sarcastically that a prosecutor had done “a WONDERFUL job of repeating the bull—- the defendant said as if the defendant’s story was all fact.”
“This trial went from slam-dunk for the prosecution to about 60-40 for the defendant,” he wrote. A Dec. 18 email added: “I really cringed when the inexperienced DOJ attorney started (cross-examining) the defendant.”
Turner said Bruce’s comments, if conveyed to the trial prosecutors, could have helped them adjust how they questioned witnesses.
Bruce’s office declined any comment Tuesday, as did prosecutors.
But in a filing last week following Nixon’s motion for a new trial, Bruce recused himself and defended his emails to someone he described as a longtime friend. He said the point of the emails was to explain why he hadn’t attended a retirement party for an outgoing U.S. attorney.
“At the time it was sent, and now, I consider the email exchange to be innocuous and merely a private email conversation with someone entirely uninvolved in this case,” he wrote.
Turner said he expected many defense attorneys whose clients were convicted in cases heard by Bruce to ask for an investigation, which he said would include examining the judge’s email archives.
The temporary reassignment of Bruce’s cases, he said, could easily end up becoming permanent, saying an argument could be made that the judge should be booted from the bench entirely.
From EF: On Wells Fargo and Mortgage Fraud in Illinois=where is her property?
When WFB steal hundreds of billions and pay a fine that is a small percentage of what they stole that only gives the thieves incentive to steal even more.
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FB request: Where to find Illinois Rules of Court–go fish in 5 places
The Illinois Rules of Court are confusing, not all in one convenient place and disorganized.
Women like organization, so I am appalled.
Here are the 5 places to check before you file anything in an Illinois court.
Always check before you file:
- Supreme Court of Illinois Rules: SCOI has a set of rules they like.
- Illinois Code of Civil Procedure: the State Legislature passes Rule for Court that they like. While these don’t seem to overlap, why aren’t these two state organizations organizing the rules?
- Cook County Rules of Court: Timothy Evans and his Judges’ committee passes our local Rules of Court which means Cook County and the Suburban Court System get rules. Well SCOI and the legislature get to pass rules, so they need to have a whack at it.
- Cook County Rules: Even more confusing, each of the districts in Cook County gets to have their own rules of court. For example: in Cook County you can bring in laptops and cell phones. In outlying courts you can’t. Go figure. They say it’s for “safety purposes” but I think that’s nonsense. No studies have been done. It was all anecdotes when they implemented these rules. Further, they made no evaluation of lesser restrictive rules to accomplish any alleged safety concerns. I vote political BS or nonsense.
- My fav, the judge’s website. Here is where you will find when to bring courtesy copies, where to bring them, how many days you have to serve courtesy copies and all sorts of minutia BS. But if you don’t know it, your judge might fall into grudgeland against you. Joke: what’s the diff between a liberal and a conservative judge? Answer: a liberal judge only holds a grudge against you for violating his/her rules for 30 days; a conservative judge will take 5 to 10 lawsuits to forgive a grudge.
Any way, that’s my humor and info for the day.
Why can’t they just KISS? esp for the pro se’er’s out there. Keep it Simple, Stupid.
From FB; how many of you have found this to be true?
Image

From KKD: The victims continue to tell their stories to the authorities
Time to do somehing
Preparation of a time line
The purpose of a time line is to provide law enforcement with a concise, accurate, and usable set of facts upon which they can evaluate the claim that you are presenting to them. In particular, the object of a complaint to law enforcement is to obtain an HONEST INVESTIGATION coupled with an accurate and honest evaluation of the facts of your case. Ergo, innuendos, adjectives, conclusions and attempts at persuasion are counter-protective. An intelligent law enforcement agent is well aware, as an example, that a judge who accepts something of value from a litigant is dishonest, a crook, and a criminal and therefore does not need to be told. An unusual fact, such as the Court file being devoid of a Sheriff’s return or a notice to the next of kin. The fact of the file revealing that the petitioner directed the sheriff to serve summons on the elderly person in Cook County, when the elderly person respondent was living with the petition in DuPage County speaks for itself. The investigator does not have to be told that there is something wrong.
The time line should be objective and as accurate as possible. If dates are not readily available, the time line should endeavor to make that clear and arrange events in chronological order. The preparation of the time line should be annotated with documents. For instance:
1. Date – Summons filed seeking Sheriff to serve respondent with summons. Copy of summons attached as exhibit 1. Note: Sheriff directed to serve summons on respondent at 11234 x street, Chicago, Illinois. See docket entry 12 – being a letter from GAL John Doe to Court requesting a 2nd GAL to be appointed as respondent resides in DuPage County. Copy of letter to Judge attached as exhibit
2. Date – Court appoints Adam **** as GAL see Doc entry.
Later on in the time-line when the chronology is appropriate. The time will reveal–
1. August 2010 – Court appearance before Judge M*** C****. Status – File reveals: 1) service of summons has not been had. No summons in the file directing Sheriff to serve respondent in DuPage County. 2) no physician’s affidavit in file. See Transcript attached hereto and made part hereof as exhibit 45. NB. Note GAL and Court stating to Petitioner that Dr. X has been co-operative and has testified in the past as to incompetency. See lines 20, 21 page 5 of transcript of proceedings.
In certain instances, the clerk has prepared the record for appeal. You will find that every page of the record is numbered. References to those numbers are important. The more relevant information that you provide the investigator the better.
Indeed, the preparation of a timeline is tedious work and time consuming. The frustration of being given the runaround is equally frustrating and not productive. An HONEST INVESTIGATION is going to require someone to detail all the facts and to put them into a discernible form. The preparation of an accurate time line not only provides you with all the facts and documents “in hand” but it also provides the investigator with a bird’s eye view of the entire situation, a list of witnesses, and documents.
If after the relevant tim line has been accurate and concisely prepared it would not be out of line to write cover letter. In this cover – letter you can vent your gripes. For instance, the fact that the Judge was in August 2010 giving legal advice to the Petitioner is grounds for you to suggest that the Judge’s conduct was wrongful. The Judge is not on the bench to aid a Petitioner, the judge is there as a trier of fact and pursuant to Illinois statute 755 ILCS 5/11a – 3 and following the Petition must prove the incompetency and the degree of incompetency by clear and convincing evidence. A judge who is an advocate has breached the public trust as the judge is, pursuant to the Federal and State Constitution required to protect the interests of the respondent.
The judge is not protecting the respondent when the aforesaid judge is advising the petitioner as to what physician will be available to perjure himself. If you read the statute that I cited you will note that the guardianship is limited – it is limited to only those disabilities that they respondent actually inhibit the respondent from enjoying the benefits of his/her citizenship. This is consistent with ADA – not the holocaust or the gulag!
I am not concerned as to the form the complainant wishes to use – it is important that all the salient and important facts be accurately provided the investigation. The object is an HONEST INVESTIGATION and evaluation. The conciseness of the fact recitation is also important. There are literally millions of senior citizens who have been drawn into this travesty and are being denied their basic CONSTITUTIONAL RIGHTS. It is important that your situation receive that HONEST INVESTIGATION and all the miscreants have some sleepness nights.
Ken Ditkowsky
Lawyer and civil rights activist.
Humor for the day: How to escape a nursing home: Pixar Short George and AJ
From FB: Anyone surprised? All 4 WV judges subject to impeachment for corruption
All of West Virginia’s Supreme Court justices impeached over spending
CHARLESTON, W.Va. — West Virginia lawmakers completed the extraordinary move of impeaching all four state Supreme Court justices Monday night for spending issues, including a suspended justice facing a 23-count federal indictment.
The state House of Delegates voted to impeach Justice Allen Loughry on eight articles, setting the stage for a trial in the state Senate.
Beth Walker became the final justice to be impeached when an article was approved stating all four justices abused their authority. It said they failed to control office expenses, including more than $1 million in renovations to their individual offices, and not maintaining policies over matters such as working lunches and the use of state vehicles and office computers at home.
Walker had dodged impeachment earlier Monday night when lawmakers decided to overlook her $131,000 in spending on office renovations. A short time later, another article was withdrawn against Chief Justice Margaret Workman, who spent $111,000 in renovations.
Justice Robin Davis was impeached for $500,000 in office renovations. And lawmakers approved articles against Loughry for spending $363,000 in renovations to his office; having a $42,000 antique desk and computers, all owned by the state, at his home; lying to the House Finance Committee about taking home the desk and a $32,000 suede leather couch; and for his personal use of state vehicles.
Loughry, Workman and Davis also were impeached for their roles in allowing senior status judges to be paid higher than allowed wages. Lawmakers say the overpayments violated state law and stopped when they were challenged by the Internal Revenue Service.
Another impeachment article was withdrawn dealing with an accusation Loughry used state money to frame personal items at his office.
Minority Democrats on the House Judiciary Committee that approved the articles last week had tried to speed up the impeachment process in the hopes of beating an Aug. 14 deadline for arranging a special election in November if any justice is removed from office or leaves office. Instead, the committee took its time, even conducting a tour of the state Supreme Court offices earlier this month.
Republican Gov. Jim Justice will be allowed to appoint new justices to replace any who are impeached — with no requirement that they be from the same party as the incumbent.
Democrats have accused Republicans of attempting to wrest the court away from voters, who elected the current justices in nonpartisan elections.
Delegate Barbara Evans Fleischauer of Monongalia County said Democrats agreed all along there was enough to recommend Loughry’s impeachment. But she said going after the other justices “was a power grab, was a takeover of the court and using the impeachment process to take over another branch of government.”
“We’re taking away from the people,” she said
Some legislators said they didn’t support impeaching any justice for wasteful spending, only for articles pertaining to lying, cheating or stealing.
But John Shott, a Mercer County Republican who chaired the House Judiciary Committee hearings that drew up the impeachment articles, asked whether there is public confidence in the court, and if not, “we need to take action to try to rebuild that trust.”
Several lawmakers noted the Supreme Court has a separate budget and is currently allowed to spend as it sees fit. But Shott said the court should spend that money wisely “and for the benefit of its citizens.”
A proposed constitutional amendment this fall would bring the state courts’ budget partly under legislative control.
Loughry, who wrote a 2006 book chronicling West Virginia political corruption, was indicted in June on 23 counts of mail fraud, wire fraud, lying to federal law enforcement, witness tampering and obstruction of justice. Justice and legislative leaders have asked him to resign. Loughry has not responded and did not testify at the committee hearings.
One impeachment article accused Loughry of lying to the House Finance Committee in January about his involvement in his office renovations, including a custom-designed wooden-inlay map showing all 55 West Virginia counties embedded in the floor.
Loughry was suspended earlier this year. Justice Menis Ketchum retired and agreed to plead guilty to a federal wire fraud count involving the personal use of state-owned vehicles and fuel cards.
A special election already is set in November to fill the remainder of Ketchum’s term.
Circuit judge Paul T. Farrell has been sworn in to act as the court’s chief justice for the Senate trial, whose timeline is uncertain. The court’s fall term starts in early September. In the event that one or more justices is on trial in the Senate, the court said last week it would hear all cases on the docket as scheduled.
The last time the Legislature was involved in similar proceedings was 1989, when state Treasurer A. James Manchin was impeached by the House of Delegates after the state lost $279 million invested in the bond market. Manchin resigned before the state Senate took up the impeachment measure. He was never charged and the state recovered $55 million from lawsuits against nine New York brokerage firms involved in the losses.
From MG: On the Bradley Amendment and child support obligations: is it all fair?
Bradley Amendment (Federal Law: Public Act 99-509 (42 U.S.C. § 666 – yes, I appreciate the irony of the number 666 as the sign of the Beast/Devil), and its effect on Child Support.
Quickly, here is what the Devil’s Law (okay, I’m pushing the irony envelope here), I mean Bradley Amendment does:
-Automatically triggers a lien each time child support is due. That means, if you miss 3 payments, you have three separate liens against you. Each occurring on the date that the child support is due. The obligee does not have to do ANYTHING to initiate the lien. It’s an automatic judgement against the obligor, as if you got sued 3 times and lost 3 times.
-Since it is non-expiring, it never ends. It does not matter if you are 95 on Social Security eating dog food; it survives. There is no Statute of Limitation. I guess that the government puts this on par with murder.
-But unlike murder, it survives death. That is, if you die, you cannot be charged with murder. But for child support purposes, if you die (or the obligee dies, or the child dies) the lien still exists. It ends up in probate court for them to find anything of value to satisfy the lien. It does not matter if you are 95 and your child is now 75. Or if your child died before you and you inherited from your child’s estate, and then you died; the obligee gets the money.
-It cannot be discharged in Bankruptcy. Here is where the corruption of family court makes it worse. Judges often tell attorneys (or attorneys do on their own) to list attorney fees as “in the nature of child support” (whether true or not) so that attorney fees are treated as non-dischargeable.
-It cannot be discharged, even if it was based on lies/fraud/mistake (mother named wrong dad).
-It does not matter if the Child died. If the State does not enter in the computer that the child died, child support continues without discharge.
AND NONE OF THIS CAN BE CORRECTED RETROACTIVELY. That is, once the date the support is due, it is written in stone. In other words, it cannot be corrected, despite lies, fraud, mistake, stupidity, unconstitutionality, you name it.
AND THE BIGGIE IN STUPIDITY: There is no judicial discretion. Zero. Ziltch. No matter how warped, stupid, or unconstitutional the results. Here are some of my favorites of stupid (and unconstitutional) results. There are cases where the obligor was:
-In a coma (and failed to go into court to reduce their child support, not that a judge would even reduce it.). I heard of a case where a judge ordered a obligor in Australia who was in a long-term coma be placed in custody for contempt until he started paying.
-A captive of Saddam Hussein during the Gulf War. I guess Dictator Saddam Hussein would not give the guy time to file for a modification to child support.
Here are some actual cases (with the State’s response):
-Bobby Sherrill, a Lockheed employee in Kuwait from North Carolina, was captured by Iraqis and spent nearly five months as an Iraqi hostage. Sherrill was arrested the night after his release for not paying $1,425 in child support while he was a hostage.
–Clarence Brandley, a Texas high school janitor, was wrongly convicted in 1980 of murder. After spending many years in prison and on death row, he was released in 1990 and he then sued the state of Texas for wrongful imprisonment in 1993. The state then responded with a bill for nearly $50,000 in child support that had not been paid while in prison.
–Taron James, a U.S. Navy veteran from California, was forced to continue to pay child support until 2006, even after the child was demonstrated by DNA test in 2001 to be not his; James paid $12,000 in such payments. There are lots of cases similar to this one.
-Larry Souter was wrongly convicted of murder in 1992 and spent 13 years in prison before being exonerated and released in 2005. Upon release, he was ordered by the court to explain why he shouldn’t be held in contempt for failing to pay $38,000 in combined back child support, interest, and penalties (damn, interest and penalties too). Notice a State pattern – we wrongly convicted you, you could not pay (because we wrongly locked you up), so now we’re going to punish you more.
Link this with the perverse incentives of Title IV-D, and a obligor has no chance.
And that my kids, is today’s lesson on the Bradley Amendment and Due Process in America. Sleep well.
MG–advocate for fair child support payments
From KKD: we have to clean up the probate messes, from the court to the nursing homes that abuse the elderly and disabled
August 8, 2018.
Official Corruption that has been discussed, to wit:
1. Guardianship. Centered around the Mary Sykes case 09 P 4585 and the October 9, 2017 New York article. Dr. Sugar’s Book is an expose of the central aspects of the criminal enterprise. It should be noted that there are good and necessary guardianships, but they are overshadowed by those designed to fit into the grand scheme of HUMAN TRAFFICKING IN THE ELDERLY.
a. Guardianship fraud like the Sykes case is designed to PUT THE VICTIM on ice until they can be denuded of all property, property, and value. The vast majorities of these guardianships involve:
i. Isolation of the victim
ii. Obtaining control over the victims’ property
iii. Rendering the victim helpless and solely in the control of the traffickers – usually the guardian, but in the case of Alice Gore, the guardian ad litem
iv. “spreading the wealth” this can be accomplished by outright theft – assets, like Mary Sykes’ gold coins just disappear and are not inventoried. Any mention of the stolen goods is brought before a corrupt judge who listens carefully to every word of complaint and then finds that the complainer is a liar and interfering with the due administration of the estate.
v. Elimination of the victim. Use of Opioids (supplied by health care providers – such as the government) keep the victim alive for as long as insurance company or government health care money, such as Medicare can be garnered. After the last practical dollar is extracted the victim is put to death. Cremation covers up a wealth of questions.
b. Guardianship fraud derived from legitimate attempts to help a disabled person. In this situation, a co-operate Judge, corrupt lawyers and Guardian ad litem get together to rape and estate. They set up the family individual who is a legitimate guardian and accuse the guardian of acting improperly. An irate judge threats doom and gloom but relents and does not send the family member appointed guardian to jail – a judge is rendered that is enough to put the fear of God into the family member and a pawn is appointed guardian. The pawn is manipulated into bit by bit transferring all the value assets of the Estate into the pockets of the co-operate judge, the guardian ad litem et al. The Alice Gore case is a classic example of this fraud.
c. Variations on the theme. Including PURPOSE DIRECTED GUARDIANSHIP. The Jaycox case is an illustration. Jaycox recognized that something was wrong and refused to authorize further payment. The nursing home then petitioned the Court for a guardian. When Jaycox engaged counsel (yours truly) and thwarted the attempt to obtain a guardianship, Jaycox died and was cremated. Carol Wyman was subjected to ELDER CLEANSING because her husband had the clout and could use guardianship to obtain control wherein a divorce would be against his best interests.
2. Frauds associated with the CARE OF THE ELDERLY. (It should be noted that several of the large health care providers have referred to the elderly as a commodity!)
a. Outright criminal activity such as Medicare Fraud. The key example is the Philip Esformes criminal trial – a billion dollars in Medicare money was stolen. Trial is set for October 2018. This case involved all the elements, to wit:
i. Payment of money to public officials – in the Esformes case a government health care person assigned to make certain the nursing homes are run in a sanitary and proper contradiction was bribed – she pleaded guilty got five years in prison.
ii. Kickbacks. See Omnicare case, Larkin Hospital, etc. This is standard practice and involves a portion of the fees derived from the victim are spread to those individuals – doctors, lawyers, hospital administrators, and other who delivered the victim to the criminal conspiracy.
b. Hospice fraud. The Seth Gillman plea of guilty illustrates this fraud. No one does this encompass placing people in hospice who are not dying but extending the life of a dying person to collect as much money as possible. With cremation available a dead victim can have administered thousands of dollars of medications and service by the simple entry on a chart. Controlled doctors sign death certificates, and with Cook County, Dade County, et al so ripe with fraud and corrupt public officials ******
c. Opioid and drug fraud. A doped up human trafficking victim requires little care and is pure profit. An average of $3000 a month pays for the care of a nursing home patient in the ELDER CLEANSING program, however the billing can be $12,000 to over $15,000 a month for the care. No one knows the difference; the victim has a drug induced sleep. It is much easier to administer a patient dead to the world. As an example, Physical Therapy can be administered to sleeping patient by merely pushing his/her wheel chair out of the room and into the hall. Insurance and the Government pay without question for not only the opioids, but the PT.
d. General targeting: After last year’s hurricane a LARKIN hospital related nursing home (also apparently related to Esformes had a problem – their air conditioning went out. Removing the patients to another facility would cut off the Federal Health Care payments, so they made do with fans. 14 people died. The issue was money over health care.
e. Service fraud: With the advent of breaking up the monopoly owned by large utilities the nursing home moguls have set up their own service companies such as electric, and gas. The costs and profits now go into the “pot” and can be adjusted so as to justify the large month charges made from government health care programs. It should be noted that the “facility” owned by the moguls usually do not employ many on staff people. They employ services to furnish them nurses, doctors, techs etc. The employment costs thus also can be manipulated.
3. Cover-up of fraud
a. Official cover up. This occurs in guardianship cases when the criminal enterprise has one or more objectors. Family members are motivated by Love of the victim, the anticipation of an inheritance, or just being good person. These people ask questions. For instance, a common question is: Why does mother sleep so much of the time? Another is what is wrong – mother is getting worse – not better! These questions can be stalled only for so long. In the Sykes case, the Gore case etc. The cover-up usually takes the form of a stall. When that does not work, it evolves into pure intimidation. If the “loved one” (i.e. the person motivated to address the criminal enterprise) is too insistent personal threats are directed to the “loved one” The threat seizes on some real or imagined offense and the fraudsters threaten civil or criminal action against the “loved one.” In the guardianship scenario the Judge is called into the matter. The judge listens to all the evidence and then rules that the offending “love one” is doing serious harm to the designated victim by the inquiry – she is being agitated/ From that point on asking if mother can visit with x is agitation and results in a RULE TO SHOW CAUSE. Again, the Judge sternly listens to all the evidence and rules that the family member (et al) has violated an order of court and contempt of court (and possibly jail) is on the docket. It this does not work then:
i. Disciplinary proceedings in the Courtroom. a stern judge again listens to all the evidence and issues just enough penalty that intimidation sets in. This process can be multiple hearings and can even result in jail. The fact that there is no criminal conduct or even wrongful conduct is irrelevant. The object is to silence the victim and her family. The most officious strategy is to actually render a judgement against the loud mouth objector. (in the case where the objector actually has some status – such as being appointed the actual guardian in the case – the judgment can be enforced by attaching the bond)
ii. Referral of the matter to “law enforcement”, the Attorney Disciplinary Commission. This is trickier because law enforcement employs too many honest people and too many people must be clued in and compensated. Because of legitimate Court procedures the appeal process is impotent, and the justice system is even more impotent. Nowhere is this more evident that in the JoAnne Denison disciplinary case. JoAnne exposed every event cited supra in her blog tying it to Judges sitting in the Probate Division of the Circuit Court of Cook County. When JoAnne would not “shut up” her cry for an HONEST INVESTIGATION was deemed to be ETHICALLLY CHALLENGED by the jurists who were openly and notoriously engaged in HUMAN TRAFFICKING of the elderly, she and (me too) were charged with DISCIPLINARY OFFENSES and suspension of law licenses was sought. When after Denison ignored one threat after another to SHUT UP and continued a Petition for an interim suspension of her license was filed by the IARDC. Mr. Larkin, the administrator argued that public was harmed by the exposure of Judicial corruption AND her exposure of judicial corruption was akin to YELLING FIRE IN A CROWDED theater. She was suspended.
The case of Goodman out of Arizona is the most obnoxious that can be imagined. Goodman informed me that he found serious fraud in several cases. He attempted to address them in the Probate Court, but was thwarted. He then filed Civil Rights suits. The miscreants went after him hammer and tong. The obtained Rule 11 (and Rule 11 like) sanctions against him and as well as suspension of his law license. When he continued to fight – challenging the violation of his personal civil rights more sanctions were levied against him and they literally bankrupted him. Janet Phelan had her entire inheritance stolen from her and lives in exile in Mexico.
This is the swamp that we are asking the President to drain!
Ken Ditkowsky
From FB/PBS: US nursing homes are chronically understaffed and dangerous
https://pbs.org/newshour/health/most-nursing-homes-are-not-adequately-staffed-new-federal-data-says
Most nursing homes are not adequately staffed, new federal data says
ITHACA, N.Y. — Most nursing homes had fewer nurses and caretaking staff than they had reported to the government, according to new federal data, bolstering the long-held suspicions of many families that staffing levels were often inadequate.
The records for the first time reveal frequent and significant fluctuations in day-to-day staffing, with particularly large shortfalls on weekends. On the worst-staffed days at an average facility, the new data show, on-duty personnel cared for nearly twice as many residents as they did when the staffing roster was fullest.
The data, analyzed by Kaiser Health News, come from daily payroll records Medicare only recently began gathering and publishing from more than 14,000 nursing homes, as required by the Affordable Care Act of 2010. Medicare previously had been rating each facility’s staffing levels based on the homes’ own unverified reports, making it possible to game the system.
The payroll records provide the strongest evidence that, over the past decade, the government’s five-star rating system for nursing homes often exaggerated staffing levels and rarely identified the periods of thin staffing that were common. Medicare is now relying on the new data to evaluate staffing, but the revamped star ratings still mask the erratic levels of people working from day to day.
At the Beechtree Center for Rehabilitation & Nursing here, Jay Vandemark, 47, who had a stroke last year, said he often roams the halls looking for an aide not already swamped with work when he needs help putting on his shirt.
Especially on weekends, he said, “it’s almost like a ghost town.”
Nearly 1.4 million people are cared for in skilled nursing facilities in the United States. When nursing homes are short-staffed, nurses and aides scramble to deliver meals, ferry bedbound residents to the bathroom and answer calls for pain medication. Essential medical tasks such as repositioning a patient to avert bedsores can be overlooked when workers are overburdened, sometimes leading to avoidable hospitalizations.
“Volatility means there are gaps in care,” said David Stevenson, an associate professor of health policy at Vanderbilt University School of Medicine in Nashville, Tenn. “It’s not like the day-to-day life of nursing home residents and their needs vary substantially on a weekend and a weekday. They need to get dressed, to bathe and to eat every single day.”
Dr. David Gifford, a senior vice president at the American Health Care Association, a nursing home trade group, disagreed, saying there are legitimate reasons staffing varies. On weekends, for instance, there are fewer activities for residents and more family members around, he said.
“While staffing is important, what really matters is what the overall outcomes are,” he said.
While Medicare does not set a minimum resident-to-staff ratio, it does require the presence of a registered nurse for eight hours a day and a licensed nurse at all times.
The payroll records show that even facilities that Medicare rated positively for staffing levels on its Nursing Home Compare website, including Beechtree, were short nurses and aides on some days. On its best-staffed days, Beechtree had one aide for every eight residents, while on its lowest-staffed days the ratio was 1-to-18. Nursing levels also varied.
The Centers for Medicare & Medicaid Services, the federal agency that oversees nursing home inspections, said in a statement that it “is concerned and taking steps to address fluctuations in staffing levels” that have emerged from the new data. This month, it said it would lower ratings for nursing homes that had gone seven or more days without a registered nurse.
Beechtree’s payroll records showed similar staffing levels to those it had reported before. David Camerota, chief operating officer of Upstate Services Group, the for-profit chain that owns Beechtree, said in a statement that the facility has enough nurses and aides to properly care for its 120 residents. But, he said, like other nursing homes, Beechtree is in “a constant battle” to recruit and retain employees even as it has increased pay to be more competitive.
Camerota wrote that weekend staffing is a special challenge as employees are guaranteed every other weekend off. “This impacts our ability to have as many staff as we would really like to have,” he wrote.
New rating method is still flawed
In April, the government started using daily payroll reports to calculate average staffing ratings, replacing the old method, which relied on homes to report staffing for the two weeks before an inspection. The homes sometimes anticipated when an inspection would happen and could staff up before it.
The new records show that on at least one day during the last three months of 2017 — the most recent period for which data were available — a quarter of facilities reported no registered nurses at work.
Medicare discouraged comparison of staffing under the two methods and said no one should expect them to “exactly match.” The agency said the methods measure different time periods and have different criteria for how to record hours that nurses worked. The nursing home industry also objected, with Gifford saying it was like comparing Fahrenheit and Celsius temperatures.
But several prominent researchers said the contrast was not only fair but also warranted, since Medicare is using the new data for the same purpose as the old: to rate nursing homes on its website. “It’s a worthwhile comparison,” said David Grabowski, a professor of health care policy at Harvard Medical School.
Of the more than 14,000 nursing homes submitting payroll records, 7 in 10 had lower staffing using the new method, with a 12 percent average decrease, the data show. And as numerous studies have found, homes with lower staffing tended to have more health code violations — another crucial measure of quality.
Even with more reliable data, Medicare’s five-star rating system still has shortcomings. Medicare still assigns stars by comparing a home to other facilities, essentially grading on a curve. As a result, many homes have kept their rating even though their payroll records showed lower staffing than before. Also, Medicare did not rate more than 1,000 facilities, either because of data anomalies or because they were too new to have a staffing history.
There is no consensus on optimal staffing levels. Medicare has rebuffed requests to set specific minimums, declaring in 2016 that it preferred that facilities “make thoughtful, informed staffing plans” based on the needs of residents.
Still, since 2014, health inspectors have cited 1 in 8 nursing homes for having too few nurses, federal records show.
With nurse assistants earning an average of $13.23 an hour in 2017, nursing homes compete for workers not only with better-paying employers like hospitals, but also with retailers. Understaffing leads predictably to higher turnover.
“They get burned out and they quit,” said Adam Chandler, whose mother lived at Beechtree until her death earlier this year. “It’s been constant turmoil, and it never ends.”
Medicare’s payroll records for the nursing homes showed that there were, on average, 11 percent fewer nurses providing direct care on weekends and 8 percent fewer aides. Staffing levels fluctuated substantially during the week as well, when an aide at a typical home might have to care for as few as nine residents or as many as 14.
A family council forms
Beechtree actually gets its best Medicare rating in the category of staffing, with four stars. (Its inspection citations and the frequency of declines in residents’ health dragged its overall star rating down to two of five.)
To Stan Hugo, a retired math teacher whose wife, Donna, 80, lives at Beechtree, staffing levels have long seemed inadequate. In 2017, he and a handful of other residents and family members became so dissatisfied that they formed a council to scrutinize the home’s operation. Medicare requires nursing home administrators to listen to such councils’ grievances and recommendations.
Sandy Ferreira, who makes health care decisions for Effie Hamilton, a blind resident, said Hamilton broke her arm falling out of bed and has been hospitalized for dehydration and septic shock.
“Almost every problem we’ve had on the floor is one that could have been alleviated with enough and well-trained staff,” Ferreira said.
Beechtree declined to discuss individual residents but said it had investigated these complaints and did not find inadequate staffing on those days. Camerota also said that Medicare does not count assistants it hires to handle the simplest duties like making beds.
In recent months, Camerota said, Beechtree “has made major strides in listening to and addressing concerns related to staffing at the facility.”
Hugo agreed that Beechtree has increased daytime staffing during the week under the prodding of his council. On nights and weekends, he said, it still remained too low.
His wife has Alzheimer’s, uses a wheelchair and no longer talks. She enjoys music, and Hugo placed earphones on her head so she could listen to her favorite singers as he spoon-fed her lunch in the dining room on a recent Sunday.
As he does each day he visits, he counted each nursing assistant he saw tending residents, took a photograph of the official staffing log in the lobby and compared it to what he had observed. While he fed his wife, he noted two aides for the 40 residents on the floor — half what Medicare says is average at Beechtree.
“Weekends are terrible,” he said. While he’s regularly there overseeing his wife’s care, he wondered: “What about all these other residents? They don’t have people who come in.”
From YouTube: John Oliver honestly discusses the Criminal Justice System
Youtube often sends related videos on many topics based upon what you have watched in the past. Since I watch and review a ton of legal videos, this popped up in my feed from youtube.
The sad part is that I cannot tell you in all of this sad story what is false.
Leave a comment below if you disagree with John Oliver on any of these topics.
I have heard from a ton of criminal defendants, and I assure you the poor are the main targets of govt abuses: guardianship, child custody, the criminal “justice” system and many other courts where the mighty dollar reigns supreme.
Joanne
Managing your Attorney: the Litigation Process
Managing your attorney: the litigation process.
Okay so you got sued. Maybe it was a slip and fall your property, maybe a dog bite or an auto accident. Whatever happened, even if it’s a crazy lawsuit, you got sued. People can get sued for the right reasons, the wrong reasons or even crazy reasons.
At periodic intervals, look at the online docket, or better yet, go down to court and check on the computer file. Print out anything you don’t understand or didn’t receive from your attorney and take it to your attorney. Get a second opinion if you still have questions. You might not be able to sue for malpractice if you knew your atty was screwing up and you did nothing about it. Do regular file checks, don’t trust your attorney.
1) did you get served, did you get served properly? Go to the court and look for first court date and make sure you or a family member over 14 residing in your house was properly served. If not, check about objecting to jurisdiction. If they served the cleaning lady, a nurse, someone not residing with you, first step is your attorney objecting to jurisdiction.
2) jurisdiction by posting. If the sheriff has attempted 2 or 3 times, the plaintiff can get an order for posting. By posting, there can be no money judgment, but there can be an order for eviction or against property.
3) if you were served, make sure your attorney filed an appearance promptly.
4) at the time the answer is due, your attorney should file a “motion to dismiss”. Failure to do so, is often malpractice. Check it out. Ask him/er why this was or was not done. Once the motion to dismiss is denied, the court will require your attorney to file a written answer to your complaint. Make sure they do it on time and you review it before it is filed. At that time, the court will set a “case management schedule” or “trial schedule”. Make sure your attorney gets every task done on time. Judges hate it when you miss deadlines. Miss enough deadlines and you might get sanctioned. Plaintiffs can have their suits tossed out (DWP’d or Dismissed without Prejudice) for missing multiple deadlines.
5) Next step is sending out written discovery to all crucial witnesses. As soon as the motion to dismiss is decided (may take 2 to 6 months or more), and you did not get a dismissal, it’s time to start discovery. Your attorney should serve written discovery consisting of interrogatories, requests for documents and requests to admit. Failure to serve any or all of these before discovery ends, may be malpractice. Give your attorney a list of crucial witnesses and documents and demand s/he serve discovery. Once written discovery is over, the attorney should depose all crucial witnesses.
6) If you think the plaintiff does not have a case after discovery is over, instruct your attorney to file a Judgment on Pleadings (this is where you take all the pleadings filed in the case and attach it to a motion explaining why you feel plaintiff still does not have a case). If that is denied, you can file a Summary Judgment Motion. If the Plaintiff has a weak case, it may be malpractice to fail to file one or both of these. Again after the MSJ or JOP is filed, it may take the court 2 to 6 months to render a decisions.
7) After fact witness discovery closes, the attorneys will tell the court if they will have expert witnesses. If you will be having experts, this part of the case will proceed very quickly right to trial, so get ready and have your witnesses in mind for the close of fact discovery. You will then declare your witnesses and provide discovery and a written expert report to the court. If their witness for whatever reason, seems weak and not helpful (e.g. a Realtor testifying to building construction, an engineer testifying to patent infringement, which is a legal opinion), your attorney should move to strike their BS witnesses. Make sure they file a motion right away.
Next, the experts will be deposed for trial. Make sure your attorney deposes their experts before trial and you check out their expert reports.
8) Trial. Look closely at the trial schedule. Your attorney generally has a ton of work to do for trial, making an exhibit list, a witness list, having exhibit binders (this can be done electronically, if the judge allows), preparing a trial brief where your attorney explains the facts of the case and any relevant case law.
Your attorney should give you a copy of the trial binder so you know what will happen at trial.
You will also get to make “opening statements” and your attorney should get these to you in advance.
At the close of the plaintiff’s case, your attorney can ask for a “directed verdict” meaning plaintiff didn’t show enough evidence to even get his/her case to the jury and no reasonable juror could find for plaintiff.
At the close of defendant’s case, the jury will come back with a verdict. Your attorney can then make a Motion for Judgment as a Matter of Law, meaning no reasonable jury could have come to that conclusion.
Client rights:
You have the right to review and sign off on all pleadings prior to filing.
You have the right to request your attorney correct pleadings that are done wrong.
You have the right to fire your attorney at any time by just calling and/or emailing or texting your attorney instructions to file a Notice to Withdraw. In Illinois most judges will give you 21 days to get a new attorney.
Your attorney should not make any agreements with the otherside without informing you first. Many clients put this in their retainer agreement that any settlements of their case or substantive issues in their case must be in writing and signed by you.
Criminal trials: You have the right to a speedy trial (160 days in general if not in jail or prison, 120 days if incarcerated), you have the right to the attorney of your choice or no attorney. You have the right to fire your attorney. You have the right to see your entire file, whether it is in the clerk’s office, the state’s attorney’s office or with your attorney. However, an attorney can withhold your file if you bill has not been paid. Insist that your attorney scan in all documents and share them with you on gdrive so you have them all. Put it in the retainer agreement.
Attorneys are supposed to give clients of all documents they receive or send out on the client’s case within a few days. Insist on that. Put it in your retainer agreement. Insist all documents are kept on gdrive and shared with you.


