https://chicago.suntimes.com/news/convicted-judge-still-a-judge-one-week-later-but-effort-to-remove-her-afoot/

One picture says it all.

Our new administration.

As many of you are aware, in 2016 sometime, the FBI took down the email that received civil rights complaints.

However, I just received the URL of a Facebook Page for the FBI DOJ where you can make posts and provide links to crimes committed against you.

Check this out and report your court corruption here:

https://www.seattletimes.com/nation-world/bill-to-update-guardianship-laws-cleared-senate-panel/

FRANKFORT, Ky. (AP) — A bill aimed at easing the state’s growing burden as guardian of vulnerable elderly and disabled people moved a step closer to clearing the legislature Wednesday.

The measure, which seeks to ease the strain by ensuring that more relatives take on guardianship roles, won unanimous approval from the Senate Health and Welfare Committee, without any changes.

The bill goes next to the full Senate. The House approved it by a vote of 79-3 early this month.

It comes as the state struggles with growing caseloads of people who become wards of the state. The state is currently guardian for 4,448 wards, said Tim Feeley, deputy secretary of the Cabinet for Health and Family Services.

“We have a system where our guardianship program continues to grow and grow and grow, and we can’t keep up with it,” he told the committee.

State guardians are juggling caseloads of 65 to 70 wards apiece, about three times more than that recommended by national guidelines, Feeley said.

Under the current system, when families are fighting over who will serve as a relative’s guardian, judges sometimes resolve the matter by appointing the state as guardian, the bill’s supporters said.

Under the bill, judges would have to determine that “exceptional circumstances” exist to appoint the state as guardian.

The bill “makes the family have to work it out,” said main sponsor Republican Rep. Daniel Elliott of Danville.

Unlike some neighboring states, Kentucky has no cap on the number of wards in its public guardianship program, and Feeley spoke against imposing such limits.

“I don’t think a cap is the right idea, because there’s always one more case that we need,” he said.

Much of the discussion in committee focused on another provision, which would allow jury trials to be waived in guardianship matters when all participants consent to a judge deciding the case.

FIRST AMENDMENT

Law allowing actors to censor publication of their ages violates First Amendment, judge rules

BY DEBRA CASSENS WEISS

POSTED FEBRUARY 21, 2018, 11:55 AM CST

IMDb logo/Twitter.

A federal judge in San Francisco has overturned a California law that gives actors the power to remove information about their age from online profiles on the IMDb website.

U.S. District Judge Vince Chhabria ruled that the law is a direct restriction on truthful speech that violates the First Amendment, report the Recorder, BuzzFeed News, Courthouse News Service, the Hollywood Reporter and the Associated Press.

The law was intended to combat age discrimination in the movie industry, according to California and the Screen Actors Guild-American Federation of Television and Radio Artists. But that argument, if successful, “would enable states to forbid publication of virtually any fact,” Chhabria said in Tuesday’s opinion.

“That a third party could misuse truthful information is almost never sufficient to justify suppression of that information,” Chhabria wrote.

The actual problem the state is trying to solve, Chhabria said, is sex discrimination. The problem, he said, is “the movie industry’s insistence on objectifying women, overvaluing their looks while devaluing everything else,” he wrote.

The law requires online entertainment employment service providers, such as IMDb, to remove age-related information from an online profile at the request of a paid subscriber, even if the information was supplied by another source.

From Joanne:

And Ken, I want you to note that the ARDC continues to toss out valid complaints against attorneys, while viciously prosecuting attorneys like you, myself and Amu who publish entirely truthful information about embarassing cases, judges and attorneys.

We have entered a new era of truth and justice and the ARDC is operating in the old energy of lies, deception and injustice, which is no longer successful and will not survive.

The new generation is coming in and demanding truth and justice.  Within 10 years, all of these young people who are disgusted with the perfidy of the older generation will be admitted to the bar, and if the ARDC wants to see what is coming in and they think you, I and Mr. Amu are nothing but oodles of trouble, just wait.

Many young people I talk to (age 15 to 29) are thoroughly disgusted with the legal system, the medical system, the political system, etc. and they won’t stand for this nonsense.  If you will recall, it became quickly known throughout the world that kids who walked early, talked early, began reading without a teacher or school, seem to “know” math, science, physics and were called “indigos” and “crystals” and gave their bad teachers sh** all the time, are now becoming adults and they continue to not like what they see in this world and they were put here to change it.  The old bad energy cannot hide from them.

They want all the older generation covering up the lies, perfidy and deception to be hogtied to a rail, tarred and feathered and run out of town.

It’s coming.  I talk to a lot of young people in their 20’s.  They are far more militant about truth, justice, kindness, compassion for the elderly and young than you or I.

The old bad energy is going to die off soon and all I can say is “good riddance”.

Joanne

On January 8, 2018, Daniel Houlihan faxed a perfctly valid complaint regarding corruption in the Cook County Court System to the JIB and all the authorities from presiding judge Timothy Evans, the states attorneys, the FBI and the White House.  It is shown below:

 

Daniel T HoulihanDaniel T Houlihanphone: 847 990 0947410 Western #409DesPlaines, IL 60018
email dannyhoops60@yahoo.com
Illinois Judicial Inquiry Board100 W. Randolph St, Suite 14-500Chicago, IL 60601phone: 312 824 5554Fax no. 312 814 5519
January 4, 2018
VIA HAND DELIVERY
ATTN: COMPLAINT INTAKE

 

RE: Judge Lynn O’Malley, Cook County Case No. 2012 P 2221 Estate of Patrick Houlihan, Deceased
Dear Madam/Sir;
I would like to file a complaint against the above judge.  Not only did she break a land trust and give property directly to my sister without putting it into the estate as she should have, but she engaged in docket tampering, changed court dates on me, denied my right to my hearing on removing my sister as Administrator of my father’s estate (Patrick Houlihan), she denied all my objections to the Administrator’s Final Accounting, and then closed the Estate. On October 13, 2016, opposing counsel attorney Blocher set a date of December 13, 2016 for hearing on Son Daniel Houlihan’s (“Son Daniel”), pleadings, namely, his Objections to the Third Accounting and to the closing of the Estate.  The court, however, docketed the date for Dec. 14, 2016 at 2 pm.  I was unaware of the discrepancy in docketing of dates, until the day before the hearing when a witness called me and said that he was not going to come because the computer docket showed a date different than the date in the Order of Dec. 13, 2016. (Exhibit B, hereto). On Dec. 13, 2016, I showed up in court prior to noon and talked to the clerk about the discrepancy. The clerk told me she had been made aware of the discrepancy, and that she had corrected the error “4 hours earlier.”  It is not known at this time whether the clerk changed the docket of her own accord, or whether she was told to do so by Judge O’Malley.I then told the clerk that I would appear on Dec. 14, 2016 at 2 pm as the computer properly showed the date for the hearing and ask for a continuance.  I filed and served on that date Motion for a Continuance to be heard on Dec. 14, 2016, because at the time of writing of that pleading, the computer showed a court date set for Dec. 14, 2016 and not Dec. 13, 2016.  At the same time, I explained to the clerk that he had been told many times before by the judge, that if a matter was not on the computer docket, for whatever reason, it could not be heard and the docket can never be changed.  That would be improper. On Dec. 13, 2016, after the docket had been changed that day, Opposing counsel Blocher entered the attached Exhibit A, which Judge O’Malley vacated because the date of Dec. 13, 2016 never appeared on the computer docket until Dec. 13, 2016 in the morning according to the clerk. According, the Order is improper and must be vacated, and the Hearing on the Objections to the Third Accounting must be rescheduled and witnesses subpoenaed for a new trial date. In addition, there were some questionable bank records regarding numerous checks which Judge O’Malley would not give me time to investigatea) David Blocher – no fee petition, no notice, Judge O’Malley just finds fees are reasonable in summary order.  Attorneys fees. $19,776.70 check no. 5025 dated 7/12/16b) Attorney Tom Paris, attorneys fees, no fee petition. No notice.  Objections filed and ignored.  $3,000.00, check #5142 on 6/22/15c) Attorney Tom Paris, attorneys fees, no court order, no fee petition. $5,000.00 check #5049 dated 4/4/2014d) son Brian Soraghan,$3,000.00  check 5026 dated 8/9/16, no court order for this disbursement (Brain Soraghan is not an heir, he is a grandchild and all grandchildren were specifically disinherited in Patrick Houlihan’s will.  Brian Soraghan is the Executrix’s son)e) checks to Kathleen Bucholz (wife): check no. 5121 for $4,624.00Check no. 212 for $4,624.00Check no. 213 for $4,624.00–from a Trust Account held only in the name of Patrick HoulihanThese checks were never approved by the probate court, were never put on the accounting and the disbursements were never explained.  They were objected to but Judge O’Malley ignored the objections.F) payment to Executrix of $15,000.  No petition, no notice, objection filed there is not detailed statement of Exeuctrix’s work but Judge O’Malley approves these in a summary order. Prior to the Estate being closed I asked for 60 days to reset the hearing date and denied my request to hear my petition to remove the Administrator.  I asked for a Petition for Letters of Office so that I could properly prepare accountings and distribute the assets of the Estate.In addition, I objected to the payment of any Attorneys Fees to Opposing Counsel Blocher  inasmuch as there was a Petition filed for Waste and Mismanagement by the Executrix, and if Breach of Fiduciary Duty is found, then Deborah Soraghan should have paid those fees.  In addition, Deborah Soraghan asked for $15,000 in Executor Fees, but filed no detailed time records of the dates, times and amounts of hours spent has been filed by her.  The Judge approved this payment regardless of my protestations..In support of my complaint against this Judge:
Exhibit A – Order of Oct. 13, 2016 setting hearing date for Dec. 13, 2016Exhibit B – Until Dec. 13, 2016 when docket was changed by Judge/Clerk, the court’s docket showed a hearing date of Dec. 14, 2016 which was an errorExhibit C – Computer printout of Court Docket showing hearing date of Dec. 13, 2016.It should also be noted for the record, that none of this was my fault.  I had prepared witnesses and exhibits for trial, I had been told by the judge a case could not be called unless it was on the docket, and yet when I appeared at noon on Dec. 13, 2016, no one apologized for the error, all that happened was the docket was changed, and all my hard work came for naught.Exhibit D – Objections to Final AccountingExhibit E – Motion for a Continuance
I believe that this Judge is corrupt and should have been removed from my case, and all her rulings should be overturned. Very Truly Yours,
Daniel T. Houlihancc: 1 ) FBI via email2) Lisa Madigan Illinois Atty General fax 312 814 38063) US Attorney General Jeff Sessions, via USPS mail4) Kim Foxx, States Atty fax 312 603 47085)  Illinois Office of Inspector General Cook County Fax 312 603 97446)  Chicago Police, 1st Dist. Commander Robert Klich Fax 312 745 36497)  Timothy Evans, Presiding Judge Cook County Court System fax 312 603 53668) Office of Inspector General State of Illinois fax 312 814-8444

A set of Exhibits were attached detailing all aspects of the crimes committed (stealing of estate assets, docket tampering, spoliation of evidence, denial of due process)

https://drive.google.com/open?id=1czURaIv5wUjTxJpUkB8C8y56Tzh9Hti6

Now below are the response letters he received wherein all of these authorities admitted they will do nothing about the crimes which have occurred against him:

https://drive.google.com/open?id=1OQagQdQDZvN0aK1_aKful1SnqY2vPh7f

The real question is why are these elected people being paid for doing nothing where some $300,000 is missing from an estate.

Same for the case of Sykes ($3 million missing and unaccounted for and never investigated and Mary Sykes eventually murdered in probate guardianship), Jay Brouckmeersch (murdered in probate and never investigated after complaints filed), Irwanna Lahoody ($600k missing from a joint account and never investigated).

The pattern is absolutely ridiculous.

Who in their right mind would pay these people a dime for looking the other way when crimes are being committed, and that means MAJOR crimes, not petty thefts.

Washington State May Make It Easier to Sterilize People With Disabilities

In 1936, Ann Cooper Hewitt filed a lawsuit against her mother — and with good reason. At the age of 20, her mother Ann had sterilized her against her will. Having succeeded in classifying her as having an intellectual disability, Ann’s mother was legally allowed to authorize the operation over Ann’s objections. Her mother’s lawyer responded by claiming that Ann’s sterilization had been “for society’s sake” due to the girl’s “erotic tendencies.”

Even in the age of the eugenics movement, where tens of thousands were involuntarily sterilized by state governments who sought to breed “better” human beings by removing disability from the gene pool, the Hewitt case attracted nationwide attention. Could a diagnosis of disability allow parents to control their child’s reproductive future against his or her will?

Ann believed it could not, summarizing her fate matter-of-factly. “I had no dolls when I was little, and I’ll have no children when I’m old,” she said. “That’s all there is to it.”

We’ve come a long way since the age of the eugenics movement, particularly when it comes to matters of reproductive choice and bodily autonomy. And yet, state laws still allow people with disabilities to be sterilized without their consent. Today the state of Washington is considering a proposal that the ACLU believes could expand the use of sterilization for individuals under guardianship.  Guardianship is a surprisingly common legal arrangement where a third-party is authorized to make virtually all decisions for a person with a disability.

Currently, state law fortunately prohibits guardians from authorizing sterilization without court approval — but the state judicial system is currently considering a proposal to create a form to more clearly articulate how guardians can request permission for this procedure. While the proposal is designed to clarify existing law, advocates with disabilities and the ACLU believe that creating this form will streamline the process and increase the number of guardians requesting the sterilization of those under their power.

Ivanova Smith, a new mother with a developmental disability, has written beautifully in the ACLU of Washington’s blog about how people with disabilities can become loving, responsible parents, if they so choose. People with disabilities should not be denied this choice. Given the unfortunate history of involuntary sterilization of people with disabilities across the country, states must take extra caution to avoid imposing sterilization against those who, for whatever reason, do not freely choose it. It is vital that we leave behind the days in which people with disabilities lacked reproductive choice.

Whether it comes from parents, the court system, or anyone else, sterilization should never be imposed on a person without their consent.

For those who do choose it for themselves, sterilization can be an appropriate medical procedure. But the presence of guardianship seriously complicates the issue. Guardianship entails loss of legal adulthood, meaning that an individual lacks capacity in the eyes of the law to make their own decisions or express their own will and preference on how they should be treated. Measures to make it easier for guardians to permanently sterilize people with disabilities should be viewed as suspect. The Hewitt case is only one example in a long line of disagreements over who gets to make choices about medical procedures applied to people with intellectual disabilities.

Such decisions are often treated as family choices rather than questions of individual autonomy, which should require an expression of preference on the part of the person receiving the procedure. Some guardians cite fears of sexual assault in choosing to sterilize people with disabilities — yet sterilization in no way prevents the sexual assault of people with developmental disabilities, an all too common occurrence. Instead, it can merely hide evidence of it. As such, there are credible concerns that guardians may seek sterilization as a means of lessening the complications emerging from abuse, rather than taking the measures necessary to stop it. The state of Washington should decline to streamline the process for guardian-imposed sterilization. The state can ensure that individuals who require decision-making support have a clear process by which they — rather than their guardian — can request such a procedure (if it is truly their choice to do so). Guardianship, with its total loss of decision-making authority by the individual, is not the appropriate mechanism for this. Instead, the state should consider joining Texas, Delaware, and jurisdictions around the world in implementing supported decision-making, a new legal arrangement that allows people with disabilities to choose trusted advisors to help them with their choices without surrendering final decision-making authority.

Control over one’s own body is one of the most fundamental civil liberties. Everyone deserves the right to have the final say about what happens to their own body. People with disabilities are no different.

Full Article & Source:
Washington State May Make It Easier to Sterilize People With Disabilities

http://4closurefraud.org/2018/02/09/fl-3rd-dca-reverses-ruling-that-found-hsbc-forged-mortgage-documents/

MIAMI COURT WIPES RULING THAT FOUND HSBC FORGED MORTGAGE DOCUMENTS

A state judicial panel remanded the case to the trial court to enter a final judgment of foreclosure.

A Florida appellate court vindicated HSBC Bank USA N.A., reversing a Miami-Dade Circuit judge who’d found the lender forged mortgage documents to prosecute a real estate foreclosure.

Citing seven points in its analysis of the trial court’s findings, the Third District Court of Appeal Wednesday ruled in favor of New York-based HSBC, and remanded the case to Miami-Dade Circuit Judge Beatrice Butchko to enter a final judgment of foreclosure.

“This is a very disappointing decision, which ignores most of Judge Butchko’s groundbreaking ruling,” said Bruce Jacobs, the Miami foreclosure defense attorney who won at trial.

Butchko in April 2016 dismissed HSBC’s foreclosure suit against homeowners Joseph and Margaret Buset. In response to an accusation of forgery against Ocwen Loan Servicing LLC, she sided with borrowers who accused the loan servicing company of faking a mortgage assignment for HSBC.

“Judge Butchko found Ocwen and HSBC relied on false testimony, false evidence, violated the court’s discovery order and then lied about their violation of that order,” the defense attorney from Jacobs Keeley said. “Judge Butchko found the documents were untrustworthy. She found Ocwen’s loan boarding process was a legal fiction.”

Jacobs of Jacobs Keeley in Miami argued at trial that to prove the plaintiff had legal standing to sue, the financial services firm forged documents in 2012 to show the transfer of the debt about seven years earlier from one lender to another.

“They’re creating fake evidence of transactions that didn’t really happen,” Jacobs told the Daily Business Review after Butchko found the mortgage assignments “never legally occurred.”

The judge found the lender pursued the case with “unclean hands” and lacked competent evidence to support its lawsuit. She also granted the homeowners’ request to force the financial institutions to show why she shouldn’t punish them for committing a fraud on the court.

But the defense victory fizzled on appeal.

Rest here…
(behind paywall)

~

4closureFraud.org

For those of you involved in corrupt guardianship cases (Sykes, Lahoody, Rector, etc.), the courtroom player will often include the police as part of the scheme to steal in probate court and murder the elderly victim in the process.

Here is one officer who got caught.

https://www.ktnv.com/news/las-vegas-police-officer-april-parks-others-indicted-in-guardianship-case

Decorated police officer scams the elderly:

A Las Vegas Metropolitan Police Department lieutenant was jailed Wednesday, Valentine’s Day, caught up in a sweeping indictment involving elder exploitation. Contact 13 Darcy Spears continues her years-long expose on guardianship abuse with this heart- breaking case.

He was supposed to serve and protect but instead he’s accused of felony crimes for using Clark County’s guardianship system to steal from the estate of a vulnerable couple. And this police officer is directly connected to others first exposed in our ongoing investigation of guardianship corruption. 

Lieutenant James Thomas Melton is a decorated police veteran. As a sergeant, Melton received a group Medal of Valor and Purple Heart in 2009 for being wounded during a domestic violence call where a baby was pulled away from gunfire.

He was also a homicide detective and Metro’s SWAT commander, making about $300,000 a year including benefits.

But Valentine’s Day, a fall from grace as Melton was indicted by a grand jury and charged with stealing the life savings, over $700,000 from an 87-year-old widow suffering from dementia.

Court records claim Melton deceived the court after the victim died, representing that she was still alive so he could be named beneficiary on various accounts.

And Melton didn’t act alone. The indictment shows he hired private guardian April Parks. Parks is already in jail facing over 200 felony counts after our investigation revealed she was double-billing and exploiting clients. 

Parks, her attorney Noel Palmer Simpson and former office manager Mark Simmons all face additional charges of exploitation for working with Melton.

According to the indictment, Melton is also accused of stealing the victim’s Ford Explorer and taking $2,187.50  from her Disabled American Veterans Charitable Service Trust.

TRUMP WINS IOWA BY COUNTRY MILE 

with the internet now, there are no more secrets for public officials, and investigative reports find a gold mine of informatio on corruption:

You have a wonderful life. You’re running a business, have money in the bank and get to visit with all your friends and family whenever you like. Then one day you wake up to find someone shoving a pill down your throat in some lowdown nursing home situated in a dangerous part of the city. Without your permission, they’re liquidating your business and making all of your money disappear. You do whatever you can to try to get out of this nightmare, but discover the people who did this to you are simply too powerful. Think it can’t happen to you? Think again.

This is the true story of a newly licensed nursing facility administrator (LNFA) and the people she meets. The stories they tell her are both hard to believe and impossible to ignore. She begins investigating and the more layers she peels away, the worse it gets. Eventually, this leads to catastrophic consequences for three special people under her care. Can she repair the damage and stop the madness before it’s too late? Or are the forces against her too powerful?
A Breach of Trust exposes the weakest link in the freedoms we all hold dear. Cross the wrong line, say the wrong thing, and at any moment you too could be stripped naked and taken captive. It is for these three special friends and all the future victims that Susan Hodges offers this advice: whatever you do, don’t cross these people because soon, you might discover your life belongs to them now!

I have not read this book, but it has been rated 5 stars on 18 reviews.

Here is a dramatic trailer for the book.  The actress does a great job.

EB sent me this article on how Michigan is changing laws so that Realtors cannot open Decedents Estates quick and sell homes on the cheap causing heirs to take huge losses on the sale of homes owned by their deceased loved ones.

But note in the news stories, the Michigan officials admit they received a stream of stories over just how many years?

And how does giving notice and changing a waiting period to sell homes from 42 days to 63 days really help anyone when you know probate is a fixed game and a fixed sale and profits are only accessible to cronies of the wealthy and powerful.

I vote this a red herring, but watch for yourself.

7 Action News Investigation prompts probate law change, protects heirs

https://www.wxyz.com/news/local-news/investigations/7-action-news-investigation-prompts-probate-law-change-protects-heirs

A 7 Action News investigation has now changed the law in Michigan.  On Tuesday, Governor Rick Snyder signed the legislation that will increase protections in the law for heirs after a loved one dies.

Since November 2016, 7 Investigator Heather Catallo has been exposing several loopholes in the law that allowed real estate brokers and Attorney General-appointed lawyers called Public Administrators to open probate estates after a loved one dies. Catallo’s relentless reporting showed that Macomb County real estate broker Ralph Roberts and his company, Probate Asset Recovery, used that power from the courts to sell the homes and take thousands of dollars from the probate estates.

After the 7 Investigators exposed this, Attorney General Bill Schuette shut the practice down, and Schuette supported the changes to the law.

“Actions that came to light last year made it clear that now is the time to make changes to the public administration system,” said Schuette in a statement Tuesday. “What has happened in the system is unacceptable and these changes to an almost 40-year-old law will help ensure this never happens again. By creating a clear, current and direct path for public administrators to follow in the probate process we can better protect Michigan citizens and weed out any bad actors.”

Oakland County Sheriff’s detectives are also now conducting a criminal investigation into these practices.

In May 2017, Oakland County Treasurer Andy Meisner and Oakland County Clerk Lisa Brown brought together a bi-partisan group of lawmakers to close the loopholes.  Two bills sponsored by Rep. Jim Ellison (D-Royal Oak) and Rep. Jim Runestad (R-Highland Twp.) were signed into law Tuesday.

“We had the constant drum beat of stories that just got worse and worse that you chronicled, and I think that is major factor in why the legislature felt like ‘hey you know what, we need to deal with this one and we need to deal with it quickly,’” Meisner told Catallo.

Meisner is pleased the bills passed, especially since several probate judges and lawyers opposed the changes to the law.

“We reached out to the probate bench and to the bar, and solicited their input about it,” said Meisner. “Despite our reaching out, they didn’t connect with us, they didn’t provide any feedback – and then they submitted a letter before the committee hearing opposing the legislation… It reflects poorly on the probate bar and the judges that they came out against the legislation, and I hope in the future when they’re confronted with this sort of obvious wrong doing that they take the stand of the people.”

Here are more details from Public Act 13 of 2018:

-Heirs will now have 63 days instead of 42 days to open a probate estate, before a Public Administrator can open the estate;

-A formal hearing is now required for a Public Administrator to be appointed;

12CONTINUE READING

Copyright 2018 Scripps Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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http://www.chicagotribune.com/news/local/breaking/ct-met-judge-mortgage-fraud-trial-20180205-story.html

What attorneys can bill for (per billing rules at most large law firms):What attorneys can bill for (per billing rules at most large law firms):
Preparing pleadings 1 hour or $200 per page (attorneys should keep drafts day by day), depending on complexity.  Set a reasonable rate in advance with the attorney.
Put your attorney on a budget of expenditures per month or per task.
Legal Research:  Billing ok for:  Esoteric legal research .5 hrs to read a case, as long as cases are not unusually long .Attorneys should not bill for easy stuff they should already know like how to do an appeal brief, how to prepare a deed, how to prepare court forms, etc. Attorneys should save their list of cases they read if the client asks.
Reading or reviewing an email or pleading. Attorneys should only bill for actually writing a letter, motion or appeal brief and then it should only be 1/2 hour per page for routine motions (extension of time, motions to withdraw, etc.).  Disputing a will or trust will be more or for more complex pleadings.
Attorneys should not bill to write up an email and then call you to tell you the same stuff.  However, if you talk to an attorney, the attorney CAN bill you for confirming what was said during the conversation in a letter or email, and should make it clear in writing any important legal advice as to what to do or not to do.
No charges for secretarial time, organizing a file, making labels for a file, making a pleadings book, etc.  That should be built into overhead.  Overhead is not billable.
Travel time should not be charged, but waiting in court can be charged.  An attorney should try to have 2 or 3 motions calls per am or pm and then charge the client a proportionate share.  Say the attorney has 3 calls and starts at 9 am and leaves at 1 pm.  That’s 4 hours of work.  If s/he had 3 court calls, then each client can be billed 1.25.
Have an agreement on what, if anything, can be billed for travel time.  Argue that an attorney should not charge for travel time from a suburban building to a downtown court.
Duplicate bills.  Two bills for reviewing the same email, same correspondence by different attorneys or paralegals.
Reviewing correspondence that is not necessary to your case.  Reviewing case law not essential to your case or which is common to their field of law they should know updates on
Filing unnecessary pleadings to the case.  (Like updating a record on appeal over and over when documents are not clearly needed. These can be added as an exhibit)
If in doubt get a second opinion on your bills.
Late filed appearances should be a no no.  If your attorney takes a chunk of money (typically $3,000 to $10,000) to file an appearance, they should file their appearance right way.  If not, ask for the money back and hire another attorney.  Once you pay an attorney you should not have to dread opening up your mail to find another nasty, scathing letter from opposing counsel containing another bunch of ridiculous threats (such as taking your first born) that you don’t understand.  That’s your attorney’s job to take the stress off of you.
A pox on attorneys who take $5,000 and then don’t file an appearance for weeks on end and then at the last minute before a hearing.
A double pox on attorneys who take $5,000, don’t file an appearance for weeks, and then withdraw the day before a hearing and then you don’t even have money to hire another attorney for the hearing while they take their sweet time to return your money, or they dispute returning it with silly excuses.
A triple pox on attorneys at the disciplinary boards who you file complaints with, which are wholly ignored because they cover up for lying, cheating, scheming, dishonest attorneys that take your money and do nothing.
Other online articles on attorney billing
http://www.mylawcoach.com/my_weblog/2008/03/what-attorneys.html
https://www.timesolv.com/cant-attorneys-bill/

http://www.abodia.com/t/law/files/Challenge-to-Jurisdiction.htm

Challenge to Jurisdiction

Federal Rules of Civil Procedure, Rule 60. Relief from Judgment or Order below

“Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court lacks jurisdiction, the court has no authority to reach merits, but, rather, should dismiss the action.” Melo v. US, 505 F2d 1026.

A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

“Court must prove on the record, all jurisdiction facts related to the jurisdiction asserted.” Latana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F Supp. 150.

“The law provides that once State and Federal Jurisdiction has been challenged, it must be proven.” Main v. Thiboutot, 100 S. Ct. 2502 (1980).

“Jurisdiction can be challenged at any time.” and “Jurisdiction, once challenged, cannot be assumed and must be decided.” Basso v. Utah Power & Light Co., 495 F 2d 906, 910.

“Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal.” Hill Top Developers v. Holiday Pines Service Corp., 478 So. 2d. 368 (Fla 2nd DCA 1985)

“Once challenged, jurisdiction cannot be assumed, it must be proved to exist.” Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389.

“There is no discretion to ignore that lack of jurisdiction.” Joyce v. US, 474 F2d 215.

“The burden shifts to the court to prove jurisdiction.” Rosemond v. Lambert, 469 F2d 416.

“A universal principle as old as the law is that a proceedings of a court without jurisdiction are a nullity and its judgment therein without effect either on person or property.” Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732.

“Jurisdiction is fundamental and a judgment rendered by a court that does not have jurisdiction to hear is void ab initio.” In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.

“Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act, its proceedings are absolutely void in the fullest sense of the term.” Dillon v. Dillon, 187 P 27.

“A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a tribunal is its power to act, and a court must have the authority to decide that question in the first instance.” Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67 S.Ct. 1409.

“A departure by a court from those recognized and established requirements of law, however close apparent adherence to mere form in method of procedure, which has the effect ofdepriving one of a constitutional right, is an excess of jurisdiction.” Wuest v. Wuest, 127 P2d 934, 937.

“Where a court failed to observe safeguards, it amounts to denial of due process of law, court is deprived of juris.” Merritt v. Hunter, C.A. Kansas 170 F2d 739.

“The fact that the petitioner was released on a promise to appear before a magistrate for an arraignment, that fact is circumstance to be considered in determining whether in first instance there was a probable cause for the arrest.” Monroe v. Papa, DC, Ill. 1963, 221 F Supp 685.

Read US v. Lopez and Hagans v. Levine both void because of lack of jurisdiction. In Lopez the circuit court called it right, and in Hagans it had to go to the Supreme court before it was called right, in both cases, void.

Challenge jurisdiction and motion to dismiss, right off the bat. If you read the Supreme Court cases you will find that jurisdiction can be challenged at any time and in the case of Lopez it was a jury trial which was declared void for want of jurisdiction. If it [jurisdiction] doesn’t exist, it can not justify conviction or judgment. …without which power (jurisdiction) the state CANNOT be said to be “sovereign.” At best, to proceed would be in “excess” of jurisdiction which is as well fatal to the State’s/ USA ‘s cause. Broom v. Douglas, 75 Ala 268, 57 So 860 the same being jurisdictional facts FATAL to the government’s cause ( e.g. see In re FNB, 152 F 64).

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       Federal Rules of Civil Procedure, Rule 60. Relief from Judgment or Order

>(b) Mistakes; Inadvertence; Excusable Neglect; Newly Discovered Evidence; Fraud, etc. On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(b); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (6) any other reason justifying relief from the operation of the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken. A motion under this subdivision (b) does not affect the finality of a judgment or suspend its operation. This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., Sec. 1655, or to set aside a judgment for fraud upon the court.

Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill or review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action.

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This rule does not limit the power of a court to entertain an independent action to relieve a party from a judgment, order, or proceeding, or to grant relief to a defendant not actually personally notified as provided in Title 28, U.S.C., § 1655, or to set aside a judgment for fraud upon the court. Writs of coram nobis, coram vobis, audita querela, and bills of review and bills in the nature of a bill of review, are abolished, and the procedure for obtaining any relief from a judgment shall be by motion as prescribed in these rules or by an independent action. Where necessary parties in government have actual notice of suit, suffer no prejudice from technical defect in service, and there is justifiable excuse for failure to serve properly, courts should not construe rule 4 of these rules governing service so rigidly, or construe this rule governing relief from orders so narrowly, as to prevent relief from dismissal, especially where dismissal signals demise of all or some of plaintiff’s claims. Jordan v. U.S., C.A.D.C. 1982, 694 F.2d 833, 224 U.S.App.D.C. 267.   A liberal construction of this rule is particularly appropriate where equitable considerations are involved. Johnson Waste Materials v. Marshall, C.A.5 (Tex) 1980, 611 F.2d 593. This rule authorizing a court on motion to relieve a party or a legal representative from a final judgment or order for any reason justifying relief is to be liberally applied in a proper case, that is, in a case involving extraordinary circumstances or extreme hardship. U.S.S. v. Cirami, C.A.2 (N.Y) 1977, 563 F.2d 26, on remand 92 F.R.D. 483.   See, also, Marquette Corp. v. Priester, D.C.S.C.1964, 234 F.Supp. 799;U.S. v. $3,216.59 in U.S. Currency, D.C.S.C.1967, 41 F.R.D. 433. Subd. (b)(4) to (6) of this rule that court may relieve party from final judgment if it is void, if it is no longer equitable that judgment should have prospective application or for any other reason justifying relief from operation of judgment, is to be liberally construed to carry out purpose of avoiding enforcement of erroneous judgment. Blanchard v. St. Paul Fire & Marine Ins. Co., C.A.5 (Fla.) 1965, 341 F.2d 351, certiorari denied 86 S.Ct. 66, 382 U.S. 829, 15 L.Ed.2d 73.  This rule should be liberally construed for purpose of doing substantial justice. In re Hankins, N.D.Miss.1973, 367 F.Supp. 1370. See, also, Fackelman v. Bell, C.A.Ga.1977, 564 F.2d 734; Radack v. Norwegian America Line Agency, Inc., C.A.N.Y.1963, 318 F.2d 538; Triplett v. Azordegan, D.C.Iowa 1977, 478 F.Supp. 872; Tann v. Service Distributors, Inc., D.C.Pa.1972, 56 F.R.D. 593, affirmed 481 F.2d 1399. This rule establishing requirement for granting relief from a final judgment or order is to be given a liberal construction. U. S. v. One 1966 Chevrolet Pickup Truck, E.D.Tex.1972, 56 F.R.D. 459. 7. —- Void judgment clause: Although this rule providing for relief from judgment is not substitute for appeal and finality of judgments ought not be disturbed except on very narrow grounds, liberal construction should be given this rule to the end that judgments which are void or are vehicles of injustice not be left standing. Brennan v. Midwestern United Life Ins. Co., C.A.7 (Ind.) 1971, 450 F.2d 999, certiorari denied 92 S.Ct. 957, 405 U.S. 921, 30 L.Ed.2d 792.

A claim for relief from judgment on basis of “any other reason justifying relief from operation of the judgment” is cognizable where there is evidence of extraordinary circumstances or where there is evidence of extreme hardship or injustice, and, once extraordinary circumstances or hardship is found, this rule is to be liberally applied to accomplish justice. U. S. v. McDonald, N.D.Ill.1980, 86 F.R.D. 204.

Attorney’s motion for reconsideration on ground that court lacked jurisdiction to order him to pay court reporter could be entertained under rule governing relief from judgment and was not subject to time constraints of rule governing motion to amend judgment. U.S. v. 789 Cases of Latex Surgeon Gloves, C.A.1 (Puerto Rico) 1993, 13 F.3d 12

Void judgments are those rendered by a court which lacked jurisdiction, either of the subject matter or the parties, Wahl v. Round Valley Bank 38 Ariz. 411, 300 P. 955 (1931); Tube City Mining & Milling Co. v. Otterson, 16 Ariz. 305, 146 P. 203 (1914); and Milliken v. Meyer, 311 U.S. 457, 61 S.Ct. 339, 85 L.Ed. 2d 278 (1940).

A void judgment which includes judgment entered by a court which lacks jurisdiction over the parties or the subject matter, or lacks inherent power to enter the particular judgment, or an order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that the party is properly before the court, Long v. Shorebank Development Corp., 182 F.3d 548 ( C.A. 7 Ill. 1999).

A void judgment is one which from the beginning was complete nullity and without any legal effect, Hobbs v. U.S. Office of Personnel Management,  485 F.Supp. 456 (M.D. Fla. 1980). Void judgment is one that, from its inception, is complete nullity and without legal effect, Holstein v. City of Chicago, 803 F.Supp. 205, reconsideration denied 149 F.R.D. 147, affirmed 29 F.3d 1145 (N.D. Ill 1992).

Void judgment is one where court lacked personal or subject matter jurisdiction or entry of order violated due process,  U.S.C.A. Const. Amend. 5 – Triad Energy Corp. v. McNell  110 F.R.D. 382 (S.D.N.Y. 1986).

Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed. Rules Civ. Proc., Rule 60(b)(4), 28 U.S.C.A.; U.S.C.A. Const. Amend. 5 – Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985).

A void judgment is one which, from its inception, was, was a complete nullity and without legal effect, Rubin v. Johns, 109 F.R.D. 174 (D. Virgin Islands 1985).

A void judgment is one which, from its inception, was a complete nullity and without legal effect, Lubben v. Selevtive Service System Local Bd. No. 27,  453 F.2d 645, 14 A.L.R. Fed. 298 (C.A. 1 Mass. 1972).

A void judgment is one which, from its inception, is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind the parties or to support a right, of no legal force and effect whatever, and incapable of enforcement in any manner or to any degree – Loyd v. Director, Dept. of Public Safety, 480 So. 2d 577 (Ala. Civ. App. 1985).

A judgment shown by evidence to be invalid for want of jurisdiction is a void judgment or at all events has all attributes of a void judgment, City of Los Angeles v. Morgan,  234 P.2d 319 (Cal.App. 2 Dist. 1951). Void judgment which is subject to collateral attack, is simulated judgment devoid of any potency because of jurisdictional defects,  Ward v. Terriere,  386 P.2d 352 (Colo. 1963).

A void judgment is a simulated judgment devoid of any potency because of jurisdictional defects only, in the court rendering it and defect of jurisdiction may relate to a party or parties, the subject matter, the cause of action, the question to be determined, or relief to be granted, Davidson Chevrolet, Inc. v. City and County of Denver, 330 P.2d 1116, certiorari denied 79 S.Ct. 609, 359 U.S. 926, 3 L.Ed. 2d 629 (Colo. 1958).

Void judgment is one entered by court without jurisdiction of parties or subject matter or that lacks inherent power to make or enter particular order involved and such a judgment may be attacked at any time, either directly or collaterally,  

People v. Wade,  506 N.W.2d 954 (Ill. 1987). Void judgment may be defined as one in which rendering court lacked subject matter jurisdiction, lacked personal jurisdiction or acted in manner inconsistent with due process of law Eckel v. MacNeal,  628 N.E. 2d 741 (Ill. App. Dist. 1993).

Void judgment is one entered by court without jurisdiction of parties or subject matter or that lacks inherent power to make or enter particular order involved; such judgment may be attacked at any time, either directly or collaterally

People v. Sales, 551 N.E.2d 1359 (Ill.App. 2 Dist. 1990). Res judicata consequences will not be applied to a void judgment which is one which, from its inception, is a complete nullity and without legal effect, Allcock v. Allcock 437 N.E. 2d 392 (Ill. App. 3 Dist. 1982).

Void judgment is one which, from its inception is complete nullity and without legal effect In re Marriage of Parks,  630 N.E. 2d 509 (Ill.App. 5 Dist. 1994). Void judgment is one entered by court that lacks the inherent power to make or enter the particular order involved, and it may be attacked at any time, either directly or collaterally; such a judgment would be a nullity People v. Rolland 581 N.E.2d 907, (Ill.App. 4 Dist. 1991).

Void judgment under federal law is one in which rendering court lacked subject matter jurisdiction over dispute or jurisdiction over parties, or acted in manner inconsistent with due process of law or otherwise acted unconstitutionally in entering judgment, U.S.C.A. Const. Amed. 5, Hays v. Louisiana Dock Co.,  452 n.e.2D 1383 (Ill. App. 5 Dist. 1983).

A void judgment has no effect whatsoever and is incapable of confirmation or ratification, Lucas v. Estate of Stavos,  609 N. E. 2d 1114, rehearing denied, and transfer denied (Ind. App. 1 dist. 1993).

Void judgment is one that from its inception is a complete nullity and without legal effect Stidham V. Whelchel,  698 N.E.2d 1152 (Ind. 1998).

Relief form void judgment is available when trial court lacked either personal or subject matter jurisdiction,  Dusenberry v. Dusenberry,  625 N.E. 2d 458 (Ind.App. 1 Dist. 1993).

Void judgment is one rendered by court which lacked personal or subject matter jurisdiction or acted in manner inconsistent with due process, U.S.C.A. Const. Amends. 5, 14 Matter of Marriage of Hampshire,  869 P.2d 58 ( Kan. 1997).

Judgment is void if court that rendered it lacked personal or subject matter jurisdiction; void judgment is nullity and may be vacated at any time, Matter of Marriage of Welliver, 869 P.2d 653 (Kan. 1994).

A void judgment is one rendered by a court which lacked personal or subject matter jurisdiction or acted in a manner inconsistent with due process In re Estate of Wells, 983 P.2d 279, (Kan. App. 1999).

Void judgment is one rendered in absence of jurisdiction over subject matter or parties 310 N.W. 2d 502, (Minn. 1981). A void judgment is one rendered in absence of jurisdiction over subject matter or parties, Lange v. Johnson, 204 N.W.2d 205 (Minn. 1973).

A void judgment is one which has merely semblance, without some essential element, as when court purporting to render is has no jurisdiction, Mills v. Richardson, 81 S.E. 2d 409, (N.C. 1954).

A void judgment is one which has a mere semblance, but is lacking in some of the essential elements which would authorize the court to proceed to judgment,  Henderson v. Henderson, 59 S.E. 2d 227, (N.C. 1950).

Void judgment is one entered by court without jurisdiction to enter such judgment,  State v. Blankenship  675 N.E. 2d 1303, (Ohio App. 9 Dist. 1996).

Void judgment, such as may be vacated at any time is one whose invalidity appears on face of judgment roll, Graff v. Kelly, 814 P.2d 489 (Okl. 1991). A void judgment is one that is void on face of judgment roll, Capital Federal Savings Bank v. Bewley, 795 P.2d 1051 (Okl. 1990).

Where condition of bail bond was that defendant would appear at present term of court, judgment forfeiting bond for defendant’s bail to appear at subsequent term was a void judgment within rule that laches does not run against a void judgment  Com. V. Miller,  150 A.2d 585 (Pa. Super. 1959).

A void judgment is one which shows upon face of record a want of jurisdiction in court assuming to render the judgment,  Underwood v. Brown,  244 S.W. 2d 168 (Tenn. 1951).

A Void judgment is one which shows upon face of record want of jurisdiction in court assuming to render judgment, and want of jurisdiction may be either of person, subject matter generally, particular question to be decided or relief assumed to be given,  State ex rel. Dawson v. Bomar,  354 S.W. 2d 763, certiorari denied, (Tenn. 1962).

A void judgment is one in which the judgment is facially invalid because the court lacked jurisdiction or authority to render the judgment, State v. Richie,  20 S.W.3d 624 (Tenn. 2000).

A void judgment is one which shows on face of record the want of jurisdiction in court assuming to render judgment, which want of jurisdiction may be either of the person, or of the subject matter generally, or of the particular question attempted to decided or relief assumed to be given,  Richardson v. Mitchell, 237 S.W. 2d 577, (Tenn.Ct. App. 1950).

Void judgment is one which has no legal force or effect whatever, it is an absolute nullity, its invalidity may be asserted by any person whose rights are affected at any time and at any place and it need not be attacked directly but may be attacked collaterally whenever and wherever it is interposed,  City of Lufkin v. McVicker,  510 S.W. 2d 141 (Tex. Civ. App. – Beaumont 1973).

A void judgment, insofar as it purports to be pronouncement of  court, is an absolute nullity, Thompson v. Thompson,  238 S.W.2d 218 (Tex.Civ.App. – Waco 1951).

A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court that did not have jurisdiction over the subject matter or the parties.” Rook v. Rook, 233 Va. 92, 95, 353 S.E.2d 756, 758 (1987)

A void judgment is a judgment, decree, or order entered by a court which lacks jurisdiction  of the parties or of the subject matter, or which lacks the inherent power to make or enter the particular order involved,  State ex rel. Turner v. Briggs, 971 P.2d 581 (Wash. App. Div. 1999).

A void judgment or order is one that is entered by a court lacking jurisdiction over the parties or the subject matter, or lacking the inherent power to enter the particular order or judgment, or where the order was procured by fraud, In re Adoption of E.L.,  733 N.E.2d 846, (Ill.App. 1 Dist. 2000). Void judgments are those rendered by court which lacked jurisdiction, either of subject matter or parties,  Cockerham v. Zikratch,  619 P.2d 739 (Ariz. 1980).

Void judgments generally fall into two classifications, that is, judgments where there is want of jurisdiction of person or subject matter, and judgments procured through fraud, and such judgments may be attacked directly or collaterally,  Irving v. Rodriquez,  169 N.E.2d 145, (Ill.app. 2 Dist. 1960). Invalidity need to appear on face of judgment alone that judgment or order may be said to be intrinsically void or void on its face, if lack of jurisdiction appears from the record,  Crockett Oil Co. v. Effie,  374 S.W.2d 154 ( Mo.App. 1964).

Decision is void on the face of the judgment roll when from four corners of that roll, it may be determined that at least one of three elements of jurisdiction was absent: (1) jurisdiction over parties, (2) jurisdiction over subject matter, or (3) jurisdictional power to pronounce particular judgment hat was rendered, B & C Investments, Inc. v. F & M Nat. Bank & Trust, 903 P.2d 339 (Okla. App. Div. 3, 1995). Void order may be attacked, either directly or collaterally, at any time,  In re Estate of Steinfield, 630 N.E.2d 801, certiorari denied, See also Steinfeld v. Hoddick, 513 U.S. 809, (Ill. 1994).

Void order which is one entered by court which lacks jurisdiction over parties or subject matter, or lacks inherent power to enter judgment, or order procured by fraud, can be attacked at any time, in any court, either directly or collaterally, provided that party is properly before court,  People ex rel. Brzica v. Village of Lake Barrington, 644 N.E.2d 66 (Ill.App. 2 Dist. 1994).

While voidable orders are readily appealable and must be attacked directly, void order may be circumvented by collateral attack or remedied by mandamus,  Sanchez v. Hester,  911 S.W.2d 173, (Tex.App. – Corpus Christi 1995). Arizona courts give great weight to federal courts’ interpretations of Federal Rule of Civil Procedure governing motion for relief from judgment in interpreting identical text of Arizona Rule of Civil Procedure,  Estate of Page v. Litzenburg, 852 P.2d 128, review denied (Ariz.App. Div. 1, 1998).

When rule providing for relief from void judgments is applicable, relief is not discretionary matter, but is mandatory, Orner v. Shalala,  30 F.3d 1307, (Colo. 1994).

Judgments entered where court lacked either subject matter or personal jurisdiction, or that were otherwise entered in violation of due process of law, must be set aside,  Jaffe and Asher v. Van Brunt, S.D.N.Y.1994. 158 F.R.D. 278.

A  “void” judgment as we all know, grounds no rights, forms no defense to actions taken thereunder, and is vulnerable to any manner of collateral attack (thus here, by ).

No statute of limitations or repose runs on its holdings, the matters thought to be settled thereby are not res judicata, and years later, when the memories may have grown dim and rights long been regarded as vested, any disgruntled litigant may reopen the old wound and once more probe its depths. And it is then as though trial and adjudication had never been. 10/13/58 FRITTS v. KRUGH. SUPREME COURT OF MICHIGAN, 92 N.W.2d 604, 354 Mich. 97.

On certiorari this Court may not review questions of fact. Brown v. Blanchard, 39 Mich 790. It is not at liberty to determine disputed facts (Hyde v. Nelson, 11 Mich 353), nor to review the weight of the evidence. Linn v. Roberts, 15 Mich 443; Lynch v. People, 16 Mich 472. Certiorari is an appropriate remedy to get rid of [({a  void judgment one which there is no evidence to sustain.})] Lake Shore & Michigan Southern Railway Co. v. Hunt, 39 Mich 469. 

In Stoesel v. American Home,  362 Sel. 350, and 199 N.E. 798 (1935), the court ruled and determined that, “Under Illinois Law and Federal Law, when any officer of the Court has committed “fraud on the Court”, the order and judgment of that court are void and of no legal force and effect.” In Sparks v. Duval County Ranch, 604 F.2d 976 (1979), the court ruled and determined that, “No immunity exists for co-conspirators of judge. There is no derivative immunity for extra-judicial actions of fraud, deceit and collusion.”  In Edwards v. Wiley,  374 P.2d 284, the court ruled and determined that, “Judicial officers are not liable for erroneous exercise of judicial powers vested in them, but they are not immune from liability when they act wholly in excess of jurisdiction.” See also,  Vickery v. Dunnivan,  279 P.2d 853, (1955). In Beall v. Reidy,  457 P.2d 376, the court ruled and determined, “Except by consent of all parties a judge is disqualified to sit in trial of a case if he comes within any of the grounds of disqualification named in the Constitution. In Taylor v. O’Grady,  888 F.2d 1189, 7^th Cir. (1989), the circuit ruled, “Further, the judge has a legal duty to disqualify, even if there is no motion asking for his disqualification.”  Also, when a lower court has no jurisdiction to enter judgment, the question of jurisdiction may be raised for the first time on appeal. See DeBaca v. Wilcox,  68 P. 922.  The right to a tribunal free from bias and prejudice is based on the Due Process Clause. Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his/her property, then the judge has engaged in the crime of interference with interstate commerce; the judge has acted in his/her personal capacity and not in the judge’s judicial capacity. See U.S. v. Scinto,  521 F.2d 842 at page 845, 7^th circuit, 1996. Party can attack subject matter jurisdiction at anytime in the proceeding, even raising jurisdiction for the first time on appeal, State v. Begay,  734 P.2d 278.  “A prejudiced, biased judge who tries a case deprives a party adversely affected of due process.” See Nelson v. Cox,  66 N.M. 397.

There is no time limit when a judgment is void:

       Precision Eng. V. LPG, C.A. 1^st (1992) 953 F.2d 21 at page 22, Meadows v. Dominican Republic CA 9^th (1987) 817 F.2d at page 521, In re: Center Wholesale, Inc. C.A. 10^th (1985) 759 F.2d 1440 at page 1448, Misco Leasing v. Vaughn CA 10^th  (1971) 450 F.2d 257, Taft v. Donellen C.A. 7^th (1969) 407 F.2d 807, and Bookout v. Beck CA 9^th (1965) 354 F.2d 823. See also, Hawkeye Security Ins. V. Porter, D.C. Ind. 1982, 95 F.R.D. 417, at page 419, Saggers v. Yellow Freight D.C. Ga. (1975) 68 F.R.D. 686 at page 690, J.S. v. Melichar D.C. Wis. (1972) 56 F.R.D. 49, Ruddies v. Auburn Spark Plug. 261 F. Supp. 648, Garcia v. Garcia, Utah 1986 712 P.2d 288 at page 290, and Calasa v. Greenwell, (1981) 633 P.2d 555 at page 585, 2 Hawaii395.   “Judgment was vacated as void after 30 years in entry,” Crosby. V. Bradstreet, CA 2^nd (1963)  312 F.2d 483 cert. denied 83 S.Ct. 1300, 373 US 911, 10 L. Ed. 2.d 412.  “Delay of 22 years did not bar relief,” U.S. v. Williams, D.C. Ark. (1952) 109 F.Supp. 456.

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>A motion to set aside a judgment as void for lack of jurisdiction is not subject to the time limitations of Rule 60(b). See Garcia v. Garcia, 712 P.2d 288 (Utah 1986).

>A judgment is void, and therefore subject to relief under Rule 60(b)(4), only if the court that rendered judgment lacked jurisdiction or in circumstances in which the court’s action amounts to a plain usurpation of power constituting a violation of due process. United States v. Boch Oldsmobile, Inc., 909 F.2d 657, 661 (1st Cir. 1990)

>Where Rule 60(b)(4) is properly invoked on the basis that the underlying judgment is void, “‘relief is not a discretionary matter; it is mandatory.'” Orner v. Shalala, 30 F.3d 1307, 1310 (10th Cir. 1994) (quoting V.T.A., Inc. v. Airco, Inc., 597 F.2d 220, 224 n.8 (10th Cir. 1979)).

>In order for a judgment to be void, there must be some jurisdictional defect in the court’s authority to enter the judgment, either because the court lacks personal jurisdiction or because it lacks jurisdiction over the subject matter of the suit. Puphal v. Puphal, 105 Idaho 302, 306, 669 P.2d 191, 195 (1983); Dragotoiu, 133 Idaho at 647, 991 P.2d at 379.

>A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void. The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack. 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

>”A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It is clear and well established law that a void order can be challenged in any court”, OLD WAYNE MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).

>”Jurisdiction, once challenged, cannot be assumed and must be decided.” Maine v Thiboutot 100 S. Ct. 250.

>”The law requires proof of jurisdiction to appear on the record of the administrative agency and all administrative proceedings.” Hagans v Lavine 415 U. S. 533.

Though not specifically alleged, defendant’s challenge to subject matter jurisdiction implicitly raised claim that default judgment against him was void and relief should be granted under Rule 60(b)(4). Honneus v. Donovan, 93 F.R.D. 433, 436-37 (1982), aff’d, 691 F.2d 1 (1st Cir. 1982).

>”A judgment is void if the court acted in a manner inconsistent with due process. A void judgment is a nullity and may be vacated at any time.” 261 Kan. at 862.

>A judgment obtained without jurisdiction over the defendant is void. Overby v. Overby , 457 S.W.2d 851 (Tenn. 1970).

>Although Rule 60(b)(4) is ostensibly subject to the “reasonable” time limit of Rule 60(b), at least one court has held that no time limit applies to a motion under the Rule 60(b)(4) because a void judgment can never acquire validity through laches. See Crosby v. Bradstreet Co., 312 F.2d 483 (2nd Cir.) cert. denied, 373 U.S. 911, 83 S.Ct. 1300, 10 L.Ed.2d 412 (1963) where the court vacated a judgment as void 30 years after entry. See also Marquette Corp. v. Priester, 234 F.Supp. 799 (E.D.S.C.1964) where the court expressly held that clause Rule 60(b)(4) carries no real time limit.

Challenge to Jurisdiction

Challenging jurisdiction is one of the best defenses you can make, because if you use the right argument it is almost impossible for you to loose!

If they attempt to tell you that you can’t question their jurisdiction you can easily shut them up with these court rulings!

Are we on the record? I don’t say anything further until we are.

Where is the competent fact witness? Where is the damaged party?

Who brings the claim? Who is underwriting this action?

As a man, as an accused by law, I come with the presumption of innocent and I can go with that.

Hey, as keeper of the records for the thing, I’m willing to plead the defendant guilty upon validated proof of claim.

Where is the Form 1099OID?

Who are you people and why do you deem yourselves better than me?

Equality under the Law is paramount and mandatory by law.

I am unrepresented, I don’t “do Attorneys” as I have found them to be injurious to my freedom, life, liberty and pursuit of happiness.

Am I under arrest or am I free to go?

I am a man, not a corporation or a legal “person” nor am I a surety for one.

I am a man. I am competent. I am here under duress. I do not consent to this matter.

I reserve all rights at all times in all places and I waive no rights at any time or in any place. I do waive benefit privilege.

If I am here at all, I am here in special appearance to challenge jurisdiction and to have this matter dismissed.

I see a yellow fringe around your flag which clearly advertises “admiralty matters settled here” – so again I say, where is the contract?

Where is the contract wherein I knowingly and willingly, with full disclosure, consented or otherwise agreed to be treated this way?

I believe this court lacks a jurisdiction. I want to see the supposed jurisdiction that was duly placed into evidence.

Can this court move on facts not in evidence ?

I do not understand the nature and cause of the accusation with regard to the elements of personal jurisdiction, venue, underwriting and the nature of the action until the prosecution properly alleges them.

I cannot rebut an unstated presumption.

I am therefore unable to plea to the charges until I have had an opportunity to raise a meaningful defense against the elements.

https://www.law.com/nationallawjournal/sites/nationallawjournal/2018/02/01/minority-attorneys-take-a-closer-look-at-the-scotus-diversity-dearth/?kw=Minority%20Attorneys%20Take%20a%20Closer%20Look%20at%20the%20SCOTUS%20Clerk%20Diversity%20Dearth&et=editorial&bu=National%20Law%20Journal&cn=20180202&src=EMC-Email&pt=Afternoon%20Update

I’m sure this comes a no shock to anyone, but law clerks for the US Supreme Court are demanding more diversity.  Few persons of color have that job.  Too few women are selected still when law schools are 50% male.

Read on for an interesting article on the issue:

Justices of the U.S. Supreme Court pose for a formal group photograph in the East Conference Room of the Supreme Court in Washington, D.C., U.S., on Thursday, June 1, 2017.

U.S. Supreme Court justices should step up and state publicly that they want greater diversity among their law clerks, said Howard University School of Law Dean Danielle Holley-Walker.

“The first step,” Holley-Walker, a Harvard Law alum, said, “is always to say, ‘This is something that is important to us. We want to see a change happen and we are committed to taking steps to make a difference in terms of the makeup of our clerks.’ That is not something that I’ve heard expressed by many of the justices.”

Holley-Walker made the statement in response to The National Law Journal’s research, first released in December, on the persistent dearth of minority law clerks at the nation’s highest court.

NLJ research found that since 2005—when the Roberts court began—85 percent of all law clerks have been white. Only 20 of the 487 clerks hired by justices were African-American, and nine were Hispanic. Twice as many men as women gain entry, even though as of last year, more than half of all law students are female.

Former clerks have their pick of top-tier job offers and can command $350,000 law firm hiring bonuses. Four current justices were formerly clerks at the court—a record number, as are the general counsel of Apple Inc. and Facebook Inc. For aspiring appellate litigators and academics, a Supreme Court clerkship opens the creakiest doors.

But this term, of the 36 clerks hired by sitting justices this term, only one is African-American, two are Hispanic and three are Asian-Americans, based on the NLJ research.

Some prominent minority lawyers have commented on why the numbers are so low, and what the court and others involved in clerkship recruiting should do about it.

“It’s an uncomfortable topic for all of us in the bar, in the courts, law professors and the like because we all bear some of that responsibility for what these numbers are,” said Neal Katyal, a partner at Hogan Lovells. “I don’t think this conversation should be about blaming nine justices. Katyal, a Yale Law School graduate, clerked for Justice Stephen Breyer. A former acting solicitor general, Katyal, who is Asian-American, shared his thoughts in a December podcast about law clerk diversity hosted by The National Law Journal.

Crystal Nix-Hines, a partner at Quinn EmanuelUrquhart & Sullivan, Harvard Law School alum and a former clerk for Justice Thurgood Marshall, agreed.

“I think there’s a broader systemic problem. It starts in law school or perhaps even earlier,” said Nix-Hines, who is African-American. “If you’re not at a great law school, and you’re not on the law review, or at the top of your class, or known to a feeder professor or judge, the chances of getting a Supreme Court clerkship are pretty slim.”

The low numbers span the court’s ideological spectrum. Since Chief Justice John Roberts Jr. joined the court in 2005, just 8 percent of the law clerks he’s hired have been racial or ethnic minorities. Only 12 percent of the clerks hired by Justice Ruth Bader Ginsburg and Justice Clarence Thomas since 2005 were minorities. Ginsburg has hired only one African-American clerk since she joined the high court in 1993, and the same goes for Justice Samuel Alito Jr., who became a justice in 2006.

By contrast, more than 30 percent of Justice Sonia Sotomayor’s clerks have been nonwhite, making her chambers the most diverse among those justices who have been on the court for more than a year. (Justice Neil Gorsuch has hired seven clerks so far over two terms, three of whom are nonwhite, for a total of 43 percent.)

Holley-Walker, who is African-American, said justices and feeder judges need to cast their net wider to achieve a diverse class of clerks. “If you only hire from one or two law schools or at the most, five law schools, and those schools only have a certain number of diverse graduates every year, then you’re really cutting down on the number of potentially diverse clerks that you could hire,” said Holley-Walker, who noted that only one student from Howard Law, a historically black institution, has ever served as a Supreme Court clerk. James McCollum Jr., a Howard graduate, clerked for now-retired Justice John Paul Stevens in 1984 and 1985.

Since 2005, Breyer, Ginsburg, Elena Kagan and Anthony Kennedy have hired 10 percent or fewer of their clerks from law schools outside the U.S. News & World Report Top 10. The late Justice Antonin Scalia hired just a single graduate from a school outside the top 10 during that period.

Harvard and Yale law schools have tightened their grip on the clerk “market,” providing half of the court’s law clerks since 2005, compared to 40 percent in 1998.

As one possible resource to diversify clerk ranks, Holley-Walker pointed to Just the Beginning Foundation, formed by African-American federal judges to connect minority and other students with the law and judges.

Holley-Walker said she was surprised to learn from the NLJ stories that liberal Justice Ginsburg has hired only one African-American law clerk since she joined the high court in 1993.

“It was surprising because we know that she has a deep commitment to diversity and inclusion in terms of women and also people of color,” Holley-Walker said. “I don’t doubt her commitment at all.”

In terms of gender diversity, Ginsburg and Breyer have hired men and women in equal numbers. In contrast, other chambers continue to be male-dominated. For instance, Kennedy, has hired six times as many men as women law clerks since 2005. And Gorsuch, in his second term, has hired just one female law clerk.

“The justices, and the legal profession as a whole, should aspire to be as intentional as Justice Stephen Breyer, who has hired more black clerks than any other justice and as many women as men. This doesn’t just happen,” said Yolanda Young, a Georgetown University Law Center alum who heads Lawyers of Color, a nonprofit devoted to promoting diversity in the legal profession. Young is African-American.

For Katyal, knowledge also makes a difference. He said he was among minority law students who arrived at law school not knowing the shortcuts to clerkships—such as becoming a research assistant to a well-connected professor. Students need that information early in their time at law school.

Another factor is financial, Katyal said. Students of all backgrounds with student loan debt may find law firm salaries more attractive than the $79,720 salary of U.S. Supreme Court law clerks.

“As I talk to minority student groups across the country, I get that question a lot which is ‘How can I afford [clerkships]?’” Katyal said. “The last thing we should do is be having people pull their punches just because of money.”

Lisa Helem contributed to this story.

From an email I received today:

Where did the term boycott originate? One of the first examples (although there were boycotts earlier; they just weren’t called boycotts yet) involved Charles Cunningham Boycott (March 12, 1832 – June 19, 1897). Boycott was an English land agent who was ignored and ostracized by his Mayo Irish community in Ireland after treating them badly. In fact, he was so bad that they named the action after him.

(A message from our sponsor:)

All donations to The Resistance will be matched 10x by Charles Boycott himself! Okay…maybe not, but we need your help to keep The Resistance going. Help our work with a donation of $20.18 today >>

After Boycott retired from the British Army, he worked as a land agent for Lord Erne, a major landowner in the Lough Mask area of County Mayo who lived off the exorbitant rents he charged tenants. Evictions by Boycott were many, and bloody. In 1880, Boycott’s opponents Charles Stewart Parnell and the Land League campaigned for the Three Fs (fair rent, fixity of tenure, and free sale) and in opposition to evictions. When Boycott set about evicting 11 tenants, the Mayo branch of the Irish Land League urged Boycott’s employees to withdraw their labor, and began a campaign of isolation against Boycott in the local community. The nearby shops in Ballinrobe refused to serve him, people quit working for him, and Boycott found himself a marked man. Boycott was furious and made a crucial mistake: he complained to the London media. If he had kept his mouth shut he might have been fine, but now it was a story, and the boycott campaign became a YUGE issue. Here is his complaint:

“Sir, The following detail may be interesting to your readers as exemplifying the power of the Land League. On the 22nd September a process-server, escorted by a police force of seventeen men, retreated to my house for protection, followed by a howling mob of people, who yelled and hooted at the members of my family.

“On the ensuing day, September 23rd, the people collected in crowds upon my farm, and some hundred or so came up to my house and ordered off, under threats of ulterior consequences, all my farm labourers, workmen, and stablemen, commanding them never to work for me again.

“My blacksmith has received a letter threatening him with murder if he does any more work for me, and my laundress has also been ordered to give up my washing…The shopkeepers have been warned to stop all supplies to my house, and I have just received a message from the postmistress to say that the telegraph messenger was stopped and threatened on the road when bringing out a message to me and that she does not think it safe to send any telegrams…I can get no workmen to do anything, and my ruin is openly avowed as the object of the Land League unless I throw up everything and leave the country. I say nothing about the danger to my own life, which is apparent to anybody who knows the country.”

The story exploded in the media. About 50 Ulster Loyalists volunteered to come to Boycott’s aid and bring in his crops. Then it went international. The Brooklyn Eagle reported on November 9, 1880:

“Four troops of Hussars were dispatched hence for Ballinrobe by special trains at 2 o’clock this morning. Four hundred infantry have just arrived at Ballinrobe and will encamp near Lough Mask.

“These precautions are taken in view of the intention of the Northern Orangemen to send laborers to harvest the crops of Mr. Boycott, Lord Erne’s agent, for whom the local peasantry, at the instigation of the Land League, refuse to work. The Government will protect a moderate force of laborers, but refuse to furnish anything approaching armed demonstrations, which would certainly provoke a collision.”

All of this led to a ridiculous scene. Dozens of reporters rushed to the West of Ireland to report on 50 men harvesting crops surrounded by a regiment of the 19th Royal Hussars and more than 1,000 men of the Royal Irish Constabulary.

Cost to guard harvesters: £10,000

Profit from harvest: £500

The fact that an armed thug for a greedy landowner is ostracized to the point that the “boycott” is named after him: Priceless

Charles Boycott got out of town, clearly an unwelcome member of the community. He left Ireland on December 1, 1880, in disgrace, his name forever attached to a campaign to bring down tyrants. In 1886, Boycott became a land agent for Hugh Adair’s Flixton estate in Suffolk. He died at the age of 65 on June 19, 1897, in his home in Flixton, after an illness earlier that year. His name lives on, in infamy, forever.

The practice of boycotting spread and gave the peasants bargaining power. By the end of 1880, Irish peasants were boycotting all over Ireland, as the Land League implemented one of the most successful non-violent actions against unfair conditions and oppressive landowners in the world’s history.

Boycotting is effective. It is easy to feel powerless when we are under the rule of tyrants, but we will not be subjugated. As Resisters, it is our duty to use every tool at our disposal so that when the history is written we will have shown that we fought back, we would not lay down, we would not capitulate.

Amazingly, Justice Maureen Connors writes up a decision dismissing a case based upon lack of jurisdiction, but ignored service upon Mary Sykes in 09 P 4585

Johnson v. Platas, 2016 IL App (1st) 143468-U (Ill. App., 2016)  see http://www.illinoiscourts.gov/r23_orders/AppellateCourt/2016/1stDistrict/1143468_R23.pdf

And how is this a “rule 23” decision that is not supposed to be cited.  Now attorneys in Illinois cannot cite cases that fully support the 5th Amendment?  I believe that violates the First Amendment.  Rule 23 is clearly unconstitutional under the First Amendment.

“The government is the potent omnipresent teacher. For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that the end justifies the means — to declare that the government may commit crimes — would bring terrible retribution.”  Judge Louis Brandeis, Olmstead v. US 277 US 438.

From DTH, regarding the estate of his father in Cook County Illinois, DH:

This is a letter in response to an assistant states attorney from the offices of Lisa Madigan advising me that my complaints against the Probate Court and its staff would not be investigated or prosecuted because they don’t do that.

If not the Attorney General of Illinois, then who will stop these crimes against me and other innocent Illinois citizens?

Dear Mr. Matulis;

This is in response to your assertion that the Attorney General of Illinois (Lisa Madigan) has no jurisdiction to investigate or prosecute public corruption or crimes committed by court staff, the clerk of court’s offices and judges and Cook County Sheriff’s department employees.

I vehemently and assiduously beg to differ with this assertion of yours.

You told me my only relief lies with the Illinois JIB. (Judicial Inquiry Board)

However, the Illinois JIB rarely prosecutes cases. Thousands of grievances against judges are filed each year in Illinois but only less than .5 percent result in any discipline.

In this case, Judge O’Malley changed a docket date to deny me my hearing. She did it in a conspiracy with her clerk and Attorney David Blocher. All of these persons have committed the crimes of docket tampering, file tampering, destruction or spoliation of evidence and each is a felony.

The JIB has no jurisdiction over criminal activities.

I note that Judge Jessica Arong O’Brien’s assistant just pled guilty in federal court to loan or bank fraud so she can testify against Judge O’Brien next month and get a lighter sentence.

The FBI is doing it.

Also, it is incorrect that “there are no problems” in probate.

I would like to direct your attention to the following blogs which have tons and tons of stories about theft of estates by judges and attorneys and GALs: http://www.marygsykes.com, NASGA or National Association to Stop Guardian Abuse, http://www.probatesharks.com, http://Www.aaapg.com, and many others.

In addition, I am attaching a PDF file of numerous cases in Illinois and from the US relating numerous tales of probate court corruption.

Finally, I would like to direct your attention to two instances where the Cook County Sheriff’s offices were complicit in corruption at the Daley Center.

During a first court date, I was told by Deputy Coughlin “this is my floor, I do what I want on my floor, and if you don’t leave the building immediately I will have you arrested.” This was after I was try to open my mother’s estate and the judge wouldn’t let me because I didn’t have an attorney. I told the judge there is no law and nothing in the Illinois Probate Act that requires me to have an attorney. That’s when the Judge (Malone) told the clerk to get the sheriffs on me. After Deputy Coughlin escorted me out of the Daley Center, she told me that if I came back (to court) for any reason, she would have me arrested.

During another court date, on my father’s estate, Sheriff Sanchez told me “if you don’t play the game the way the judges want, then you get to see ‘Big Bubba’”–implying a threat I would be beaten, arrested or abused. And she took me to see “Big Bubba” who held me up for a few hours telling me I did something wrong in court, when I did not. The judge was letting my sister steal about $300k from my father’s estate with impunity. The judge was mad that I told him that.

I would appreciate your investigating these crimes and keeping our courts safe, open and transparent.

DTH

Who is looking into that?

Today I got a call from a client who sent off grievances to the FBI, the DOJ, the states attorneys, the OIG, the OIEG and other places.  An attorney from Lisa Madigan’s offices called him up and says that Lisa Madigan will not prosecute a judge who helped an attorney and his client break a trust and steal $300,000+ from an estate and who changed a court date (docket tampering and file tampering, both felonies), he says he never heard of any probate corruption before.  The client gave him this blog and NASGA blog and probatesharks.com so he will get an earful.  How do these people get hired for $50k plus per year and they deny knowing anything about court corruption and deny it as if it does not exist?  Un freaking believable.  I will publish the name of the attorney soon as I get it.

From: “HQW.IG.Complaints” <IG.Complaints@myflfamilies…

To: “JOANNE@JUSTICE4EVERY1.COM” <JOANNE@JUSTICE4EVERY1.COM>

Subject: RE: From Office of Inspector General – 2018010278

Date: Jan 22, 2018 3:33 PM

From Courtney Lynn Blasiol, published with permission:

I fell asleep and woke up having a nightmare about the speech I am giving Tuesday going horribly wrong. Since it is a topic that I am passionate about I was just going to wing it but decided to jump up and prepare a speech.

Please tell me how it sounds. I don’t want it to sound formal or scripted, I want it to sound authentic and down to earth. I intend to add some unscripted conversation into it but overall I would like to follow this format. If there are typos or misspellings it is not because I am stupid or careless, it is because I am exhausted and I wrote this with a migraine so I can’t even hardly see what I am writing due to my visual aura disturbing my vision.

Please don’t be harsh. I wrote this in like 5 minutes. I have written anything important since I was in college, my writing skills are rusty to say the least, my public speaking skills are nonexistent. 😉

**********************************************************************
Hi, thank you for allowing me to speak to you for a few minutes about domestic violence from a survivior’s perspective. All of you are on the frontlines of this battle. You have the very challenging task of responding to these calls and responding in a manner that keeps women and children safe. I do understand that men can be abused as well but since 95% of interpersonal violence is perpetrated against women I am going to speak about that.

My brother used to be a deputy in Caroline County so I have been able to hear about the challenges of these calls. Not only are they difficult to evaluate but they are some of the most dangerous calls you can go on. I do not envy your position at all, and as a survivor I am grateful for the job you do. I am going to give you a little information that you may find helpful, you may not but as a survivor they are things we want you to know.

I think perhaps one of the most important issues is bias. We all have biases, we don’t even realize it sometimes, these biases frequently lay just below the surface of our concious thought and we do not intend any harm with them but they can be dangerous when trying to make a determination if dv did occur or not. When it comes to DV there are a few dangerous biases that can happen.

The first one is that false accusations of abuse are rampant. They aren’t. Women make false accusations less than 2% of the time, I believe the actual number is 1.8%. So if a woman is saying abuse occurred it is most likely true. On that same note many abusers will play the victim and accuse the real victim of being the abuser. This is a common tactic of DV abusers to silence their victims. To complicate the situation further, the victim may have harmed the abuser, there may be marks, but it was very likely self defense. To illustrate this, back in October of 2011 my husband at the time took my 4 children hostage when I was out of the house taking a breather. It had been a long rough day parenting my little 9 month old who had been extremely clingy and I had needed about an hour of time to restore myself. My husband did not like this, he wasn’t an active participant in parenting and he took offense to me getting some time to myself and leaving him to care for the children. As a punishment he locked them all inside our master bathroom and told them all that “mommy was coming back to kill them”. They knew the truth but they were fearful of him and kept quiet. When I returned home my house was quiet. WIth four kids it was usually loud and lively. I could not find the children. I searched everywhere calling their names. Finally I approached the master bedroom and the door was locked. My husband wouldn’t open the door and he wouldn’t answer me, I started to cry and beg. He finally came out and told me that I was “(insert expletive) insane and that I was a harm to myself and others”…remember this was all because I took an hour to drive to Starbucks and come back. For 45 minutes I called for my children to answer me. They didn’t. I finally gave my husband a warning that I would have to call the police if he didn’t show me that the children were okay. He knew that I was panicked. As I was dialing 911, he walked up behind me and hit me hard across the back of my head and took the phone out of my hand and threw it to the ground, shattering it. Our baby was in his arms and she kept reaching out to me crying “mama, mama, mama!” and he wouldn’t let me touch her, every time I attempted to he would slap my hands away. As he towered over me (he is 6’4) screaming at me and poking his finger into my forehead, he eventually had me cornered in our kitchen…within reach of our knives. I saw his eyes darting back and forth between me and the knives and at one point his arms reached towards the knives…I slapped him. I was NOT abusing him, this was self defense and I knew that it would startle him momentarily allowing me to push past him to run upstairs to my other children. I didn’t make it far, he set our daughter on the floor and pushed me to the hardwood floor and then turned my body around, slammed my head to the ground, restrained my wrist, spit on me, and told me he was calling the police. When the older children came out of the room crying he left me alone, I gathered up the children and left for a week. While I was gone he would send me harassing texts that the sheriff’s department was looking for me. During that week he told people we knew and posted on my facebook profile that I had “punched him in the face with our baby in our arms, just missing the baby’s head.” Had the sheriff’s office been called that night and a deputy responded it would have been a very confusing situation to walk in on. I am certain my husband would have told them the story he told his friends and posted on my facebook wall, but it would not have been true. Yes, I did slap him, with an open hand, but it was in self defense, not out of anger and/or aggression. These things are very, very different. Always be mindful of the potential of this happening when you respond to a call.

Another bias I have run into since leaving is the bias of socioeconoimic status. I never actually called the sheriff’s dept on my husband so I can’t say that the deputies responded with this bias but the court system has. I have been told multiple times by officials in the court system that affluent and educated men don’t abuse their wives or children. I am here to tell you that they do and it is easier for them to get away with it because most people think of an abuser as a guy in a “wife beater shirt” sitting in a lazy boy chair sipping beer after beer. This is a dangerous misconception! Just because there is a BMW parked in the driveway of the large fancy house of the call you are responding to does not mean that the well dressed and well spoken man who opens the door is not abusing his partner. Abuse cuts across all social classes! But because of this bias, women in higher socioeconomic classes actually have a harder time escaping from their abuser.

And the last misconception/bias is the one that the victim/abuser dad gives off themselves by their emotional states. I can only speak from my own experience and the experience of many other victims that have shared their stories with me but let’s just say…not everything is as it seems. Odds are that when you make contact with the couple, the female is likely to be upset, crying, maybe even screaming in hysterics. She may be hostile as well. The other party is likely to be calm, charismatic, charming, maybe even using humor to laugh off his partner’s current emotional state insinuating that she is a “few cards short of a full deck” and prone to dramatics to get her way. He will have excuses for whatever she may have told you. He will seem believable, she may not. You will perhaps think that she is just one of those crazy women calling the police to manipulate or punish her partner. Tread cautiously. I urge you to please try to convince her to reach out to a domestic violence center, give her the number, you can even give her my number, she can text me, I will do everything in my power to get her help. She will probably not present well and will not be very likable but please don’t judge her credibility based on this. Victims live in a primal survival mode, in this mode we are operating off of our ancient reptilian brain, we don’t have higher thought, we are not very likable in this mode. But this is how we operate when we are in fear. This should actually be a red flag that something did occur.

While I have your attention I would like to talk to you about one more thing…strangulation/choking. If a woman tells you that she has been choked/strangled…PAY ATTENTION! Strangulation is the biggest predictor of future homicide. According to Casey Gwinn at the strangulation training institute “If a man strangles a woman once with his hands, he is 800 percent more likely to later kill her than a man who assaults a woman but does not strangle her.” There are other lethality risks (presence of stepchildren, presence of guns, suicidal threats, presence of substance abuse, presence of mental illness, etc) but strangulation is the primary one and something you all need to pay close attention to. I don’t know how it is here in Hanover but I was told in Caroline that they can only arrest for strangulation if there are marks…in 50% of strangulation cases there will NOT be marks but you can look for other indicators. One is a raspy/hoarse voice. Often victims may use the bathroom on themselves involuntarily. Also petechiae (little red pinprick marks) around the eyes or under her eyelids may be present. A victim strangled to unconsciousness suffers internal brain damage and often long-term health consequences but may have no external marks at all. Any observations you document will be key in prosecution if he is charged and goes to trial. Not only is it important for the victim for these men to be identified it is important for you, it is a matter of life or death for you as it has been found that 50 percent of all police officers killed in the line of duty are killed by men who have previously strangled women. please learn all you can about strangulation and its lesser known indicators, try to focus less on the presence or absence of bruises around the neck and on other indicators that may be present. Make sure to add any signs you see to your reports, the more the better. Make sure the victim receives medical help immediately, before you leave the call,
She may have survived but she can die hours or even weeks later from swelling of the tissue inside her throat or fluid build up in the lungs caused by the strangulation. It is important to let her know what grave risk she is at by staying with a partner who strangles her. To quote Casey Gwinn again: “Men who strangle women are the most dangerous men on the planet.” and to quote his colleague Gael Strack: “Strangulation is the last warning shot.” You can save many lives by being diligent in a case where a victim says she was choked/strangled.

Thank you for the work you do, it is important work, it is brave work. Thank you for risking your own lives to protect ours.

https://www.ktnv.com/news/contact-13/state-adds-more-oversight-to-protect-vulnerable-citizens

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KTNV

SHOW CAPTION

Las Vegas, NV (KTNV) – Thanks in part to a Contact 13 Investigation, the state is stepping up to help protect our most vulnerable residents.

Contact 13 Chief Investigator Darcy Spears has new information in her ongoing expose of a system that many say fails to protect those who need help the most.

Our series of reports prompted the Nevada Supreme Court to take a serious look at how the guardianship system was failing. One of the key recommendations – create a permanent Guardianship Compliance Office to support and protect the rights of people under guardianship.

Today the Nevada Supreme Court announced Kathleen McCloskey will run the new office. McCloskey previously worked for Nevada Aging and Disability Services.

Her first task will be hiring an investigator and forensic financial specialist to help courts overseeing guardianship cases.

Our investigation revealed heart-wrenching stories where loved ones were isolated from family. Houses were sold without court approval and entire life savings were drained away.

The Guardianship Compliance Office will also set up a toll-free hotline where anyone who suspects abuse or exploitation in a guardianship case can report those concerns.

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CONTACT 13

Guardianship Compliance Office Manager named

CONTACT 13 – HOW TO REACH US

You can reach the Contact 13 Call For Action team at 702-368-2255, weekdays between 11a.m. and 1p.m. orclick here to submit a complaint form.

Excellent new documentary on Guardianship has been released by award-winning filmmaker Billie Mintz (Jesus Town USA, National Geographic) Coming soon to a theater near you, and in real-life, guardianship is coming to you too, if you don’t protect yourself and your loved ones.

https://vimeo.com/166043022/ <– Click on this link to view trailer