Electing Judges

Do not re-elect bad family court judges - 2016

They’re not politicians, so they shouldn’t act like them.votefamily - Parental Rights Class Action - 2015

The trouble with electing judges
| The Economist
 |

Excerpt:

OF ALL the ways in which America is exceptional, its practice of electing judges is one of the least obvious and most striking. The spectacle of someone who has the power to hand out death sentences making stump speeches, seeking endorsements and raising funds has long seemed odd to outsiders. Alexis de Tocqueville, whose travels around the country coincided with the spread of judicial elections, predicted that “these innovations will, sooner or later, have disastrous results.” It is a view shared by many of the judges running for office around the country.

Judicial elections are becoming a lot like any other. Tennessee’s recent race was a good example. A few days before the poll Gary Wade, the chief justice on the state’s Supreme Court, sat in his office, a room enlivened by a bearskin rug on the floor, complete with paws and snarling mouth. Mr Wade had faced the voters five times before, but this election was the first time he had to do any actual campaigning. Tennessee’s race became unexpectedly political: the three judges up for retention were hit with adverts denouncing them as Obamacare-loving liberals, though their court has never ruled on the subject. The judges responded by raising over $1m to buy adverts of their own.

PrawfsBlawg: Law and Politics

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WHAT OF GRANDPARENTS’ “RIGHTS”?

WHAT’S THE SOURCE OF GRANDPARENTS’ “RIGHTS”?

what-of-grandparent-rights-2016– thefitparentsrights

A fit parent’s “liberty” is defined as the right to establish a home and direct the upbringing of one’s children.  Meyer v. Nebraska, 262 U.S. 390, 399 (1923). Such is what makes it a “liberty interest”. This liberty interest is fundamental to the citizens of the United States of America.Washington v. Glucksberg, 117 S.Ct. 2258, 2268, 521 U.S. 702, 720-21 (U.S.Wash.,1997).

Therefore, this right is protected by the Due Process Clause of 14th Amendment to the  United States Constitution.

This means, if the state-as in a judge- wants to infringe or terminate this fundamental liberty interest, he or she had better apply the process due to a parent first. Otherwise, its action is explicitly forbidden. Id. at 721. If the state cannot show that it has a narrowly tailored compelling interest, then the state cannot touch the fit parent’s right at all. Ibid. No other avenue is constitutionally available to accomplish state action, which will adversely affect a parent’s fundamental liberty interest.

grandparent-alienation-2016

If a parent appeals an adverse action by a state which has affected his or her fundamental liberty interest, the reviewing Court must apply the Strict Scrutiny standard of review, to determine whether the state action was indeed achieved without the state showing that it had a narrowly tailored compelling interest to take the action it did. Id. Grandparent Family Bond Obstryction - Public Health Crisis -- 2016This is a compulsory standard. It’s not an option. Nowhere does it say that if the reviewing Court has sat down and collectively decided, for whatever arbitrary reasoning, that it should apply a lesser standard, that it can do so.

That being said, tell me. Where exactly do Grandparents’ “Rights”, come from? When a parent is brought before a Court and his or her fundamental liberty interest is at stake, there are only TWO competing interests here- the parent’s and the state’s. Santosky v. Kramer, 455 U.S. 745, 759-60 (U.S.N.Y., 1982). If the parent is fit, then the child’s interest, coincides with his or her fit parent’s. Id. at 745, 748, 760-761 (1982). The child’s interest does not stand alone. As such is the case, where exactly-constitutionally- does the Grandparent’s so called “interest” fit into the equation? I can tell you where-nowhere- because they don’t have any “rights”- not under these United States’ Constitution..

no-system-ever-devised-to-cause-so-much-harm-as-family-court-2016

The Justices who decided Troxel v. Granville, 530 U.S. 57 (2000), deliberately failed to apply the Strict Scrutiny standard of review, to the threatened fundamental liberty interest of the mother in that case for this precise reason.

Grandparent Child Relationship Obstruction - 2016Instead, it applied a less stringent standard, having nothing to do with the 14th Amendment, so that it could leave room for the individual states, to concoct their own particular processes by which each could infringe or even, as in my case, terminate the liberty interests of fit parents, by averting the Due Process Clause. In other words, applying the wrong standard gave state legislatures the power to enact laws granting such “rights” to grandparents to intervene into divorce and custody disputes. Under the Due Process Clause of the 14th Amendment to the United States Constitution, this “standing” does not exist.

Because of the Troxel Court’s “instructions” as the state of Georgia refers to the case, Clark v. Wade, 273 Ga. 587,  603-604 (2001), this state claimed that it had the power to sever my custodial relationship with my child, remove her from my home, terminate my legal rights to her and “award” “custody”, to her paternal grandparents- all without finding me unfit. Isn’t that something? After serving my country and vowing to die if need be, to defend the United States Constitution, my own rights were snatched right from under me. It said that it had the parens patriae power to do what it thought was “best” for my child. It had and has, no such power. Neither does any other state.

Here’s why.

Number 1., Washington, 521 U.S. at 721 says the state can’t do anything with a child without first proving that it has a narrowly tailored compelling interest.

2. The state can’t achieve such interest without following the bifurcated steps established in Santosky, 455 U.S. at 745, 748, 760-761 .

3. Before we even get to any of all this, the state is explicitly prohibited from applying the best interest standard between a parent and a third party to begin with. Reno v. Flores, 507 U.S. 292, 303-304 (1993).

Nevertheless, there are parents across America whose constitutional rights to their children have been deprived by state action, under color of law. This has been a collective, nationwide violation, extending from the top of our judicial system, to the bottom. This is the state of America today.

But for the United States Supreme Court’s decision in 2000, I would not have been robbed of my right to continue to have the home that I had established for my child, or my right to continue to raise her, so long as I was fit. Grandparent Contact Denial - 2016

I know that such willful deprivation is actionable under federal civil and criminal law against state officials. I also know that one must request relief from the very defendants and perpetrators who have violated him or her- a futile effort that I learned the hard way.  My question is, what happens when the willful deprivation comes from the top?

***I am a paralegal. I am not a licensed attorney. Anything I’ve posted here or on this site, may not and should not be construed as legal advice. If you are in need of legal advice, please consult with a licensed attorney. If you are in Cobb County, Georgia, good luck.

Source: WHAT’S THE SOURCE OF GRANDPARENTS’ “RIGHTS”? – thefitparentsrights

The BEST Parent is BOTH Parents

A million sports fans are descending on San Francisco to celebrate the Super Bowl and so are Family Rights and Father’s Rights activist, homeless advocates, Black Lives Matter protesters and dozens of other activist groups.https://www.facebook.com/TheLoveAndIronProject/photos/a.256371791120035.62529.256359997787881/405790026178210/?type=1&permPage=1

If the issue has ever made headlines, expect to see a protest about it in the Bay Area next week.

The protesters hope to use the national spotlight from the Super Bowl to draw attention to everything from immigration and urban farming to police brutality and the rights of African Americans.

Lisa Marie Alatorre, from the Coalition on Homelessness, told the San Francisco Chronicle her group is hoping to capitalize on the Super Bowl to get the word out about their message.

“A lot of people are upset, and having millions of eyes on San Francisco is an opportunity to get national and international solidarity with the people and causes here.”

51933-policethepoliceEarlier this month, Black Lives Matter protesters shut down the San Francisco Bay Bridge during rush hour by chaining themselves and their cars to the freeway to protest the city’s handling of the Mario Woods police shooting.

Now, in the lead up to the Super Bowl, some law enforcement officials are worried about copycat rallies that could disrupt traffic and hamper week-long festivities.

Cat Brooks, co-founder of the Anti-Police Terror Project, told the Mercury News she would be shocked if there were no protests during Super Bowl weekend.

“It would behoove organizers who want to get the message out about the atrocities happening to black and brown people to utilize that weekend when there will be so many people here from around the world.”
Read morewww.facebook.com/ParentalAlienationMiamiFlorida

Source: Activists Flock To Super Bowl 50 For Massive Protests

Biggest Civil Rights Problem - Most Urgent Social Cause - 2015

Injustice against one American is injustice against all Americans. Help us put the Justice back into Child Protective Services and get them focused on finding and saving abused children. It’s time we removed them from the profitable business of tearing loving non-offending families apart.

 

Fight back and get your kids back NOW!

Fight Corrupted Family Courts and CPS

Fight back and get your kids back NOW!

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How to SueJudge

Has a judge violated your constitutional rights? Have you been discriminated against by being treated differently than other people in similar situations by reason of race, religion, national origin, gender, sexual preference or political opinion? Have you lost certain rights without a meaningful hearing or even an opportunity to be heard?

Have you been deprived of any other constitutional protection? Have you been subject to Court action for the purpose of intimidating you from exercising an opinion, or practicing your faith? Don’t let them get away with it.judging the judges

Although it is almost impossible to recover monetary damages from a judge (unless you can prove he or she acted ultra-vires beyond his or her legal jurisdiction) it is in fact possible to obtain relief in equity against a judge through civil rights actions. Equitable relief includes:

  • declaratory relief – (rulings by another judge in the form of opinions establishing the constitutionality or lack of constitutionality of another judges actions.)
  • injunctive relief – a command or order to do something or refrain from doing so.

As a general rule, however, judges cannot be held liable for money damages for acts done in the exercise of his judicial function, within the limits of his jurisdiction, no matter how erroneous, illegal or malicious his acts may be. (48A Corpus Juris Secundum §86) A minority of decisions have held that if an inferior judge acts maliciously or corruptly he may incur liability. Kalb v. Luce, 291 N.W. 841, 234, WISC 509.

Federal Civil Rights statutes, and possibly Bivens actions, appear to offer the best path for redressing constitutional grievances with state and federal judges, respectively, in Federal Court. As a practical matter, such cases will usually be brought by pro se litigants. Neither the politics nor economics of law practice permits lawyers to pursue such cases nor makes them affordable except to a small elite of citizens.Code of Judicial Conduct - 2015

However, lawyers who do successfully sue state judges in federal court in Title 42 U.S. Code § 1983 cases can recover attorney’s fees from judicial defendants provided they can show time sheets kept contemporaneously with their work.

judge You Failed - CRBlog2016

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“How will you fix this?” We asked Republican and Democratic Primary Candidates

American Fathers asked Republican and Democratic Primary Candidatesflorida-election-topic-20152

Fatherlessness is the #1 social problem of our time because it is the root cause of at least 20 other social problems.
How will you fix this??Fatherless

Social problems including: teen suicide, mass murder, crime, drug usage, parental suicide, teen pregnancy and even over 50% of all mental health problems in the U.S. today. The divorce industry is essentially a a criminal racket that is destroying society for its profit motives! Literally! Fatherless Homes Now Proven Beyond Doubt Harmful To Children Children from fatherless homes are*: – 15.3 times more likely to have behavioral disorders – 4.6 times more likely to commit suicide – 6.6 times more likely to become teenage mothers – 24.3 times more likely to run away – 15.3 times more likely to have behavioral disorders – 6.3 times more likely to be in a state-operated institutions – 10.8 times more likely to commit rape – 6.6 times more likely to drop out of school – 15.3 times more likely to end up in prison while a teenage – 73% of adolescent murderers come from mother only homes – 6.3 times more likely to be in state operated institutions YouTube Channel Art - 2015

Who is leading the way in Fatherlessness?
America!!
THE USA leads the industrialized world in fatherlessness.
Right now, around 41 percent of children are born to single mothers.

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Drums, Sweat And Tears

Seeking no more and no less than legal equality and genuine equity under the law

Men: construction workers, college professors, computer salesmen. In the suffocating dark of a tepee, squatting on naked haunches by a mound of sizzling rocks, they re-enact the sacred rituals of the Sioux and Chippewa, purifying their souls in the glandular fellowship of sweat. Men: media consultants, marketing consultants, media-marketing consultants. With hands cramped from long hours at their keyboards, they smack in happy abandon the goatskin heads of their drums, raise their voices in supplication to west African tribal gods more accustomed to requests for rain than the inchoate emotional demands of middle-class Americans. Men: Jungian therapists, substance-abuse counselors, Unitarian ministers. Mustaches quivering with freshly aroused grief, they evoke the agony of drunken fathers, of emasculating bosses, of a culture that insists on portraying them as idiots who would sneeze them selves to death if their wives didn’t come up with the right antihistamine. Yes, men. What teenagers were to the 1960s, what women were to the 1970s, middle-aged men may well be to the 1990s: American culture’s sanctioned grievance carriers, diligently rolling their ball of pain from talk show to talk show.Seeking no more and no less than legal equality and genuine equity under the law

These are exciting times: the men’s movement is dawning, the first postmodern social movement, meaning one that stems from a deep national malaise that hardly anyone knew existed until they saw it on a PBS special. The show was “A Gathering of Men,” Bill Moyers‘s 1990 documentary on the poet Robert Bly. Bly’s is a voice in the desert of America’s backyards, calling for the missing father – the father whose indifference, abuse or alcoholism has permanently wounded his sons. The broadcast “gave shape to the disconnected, rambling conversations that had been taking place all over the country,” Moyers says. Since then, Bly’s new book, “Iron John,” has spent 30 weeks on the best-seller list, a stunning achievement for a cross-cultural analysis of male initiation rites.

Another current best seller is Sam Keen‘s “Fire in the Belly,” a book about what American men lack. There are at least two national quarterlies devoted specifically to the movement – MAN!, with around 3,500 subscribers, and Wingspan, with a (free) circulation of more than 125,000. And the past year has seen a flurry of interest in new general-interest men’s magazines, including a failed venture by Rupert Murdoch and Rolling Stone’s soon-to-be-published Arrow. Hundreds of men’s groups around the country – 163 in the Northeast alone – sponsor hundreds of conferences, workshops, retreats and gatherings. If the epiphenomena of the men’s movement seem a trifle outre – wanna-be savages banging drums in the moonlight on weekend camp-outs – this was no less true of the women who ignited the feminist movement with the flames from their own burning brassieres.

And it is a movement about which hardly anyone can feel neutral. Many men have found a weekend retreat to be a profoundly moving and impressive experience. Among them is Quinn Crosbie, the 49-year-old director of New Start, a counseling center in Santa Monica, Calif., who had his first ritual sweat this month at a men’s retreat in Topanga Canyon: “We were chanting and sweating and screaming and hollering. It was fun and uplifting because it involved prayers and a lot of affirmation. People talked about pain.” Many other men, of course, regard the chance to spend several hours talking about pain as a great reason to see a movie instead. “Thank God I haven’t spent any of the ’90s on either coast,” says Chicago lawyer Tom Lubin, who welcomes men’s retreats as a chance to stay in the city and meet the women left behind. “Before I heard about this trend, I was thinking of moving.”

What the movement doesn’t have, at least not yet, is a serious political or social agenda. There are groups working to make divorce and custody laws more favorable to men, but it would be a mistake to think of the men’s movement as merely a political response to feminism. White men cannot plausibly claim to be underrepresented in the upper echelons of American society. Nor is the movement concerned with the quotidian lives of men in relation to their lovers and families. It is not about taking paternity leave, taking out the garbage or letting one’s partner come first. The movement looks inward. It seeks to resolve the spiritual crisis of the American man, a sex that paradoxically dominates the prison population as overwhelmingly as it does the United States Senate. “The women’s movement has made tremendous strides in providing a place for women in the world,” says Eric McCollum, who teaches family therapy at Purdue. “The men’s movement is going to provide a place for men in the heart.”

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Crazy women are NOT that skilled at hiding their crazy

On men, women and victims

There is a part of me that sparks a gag reflex when I think about writing dating advice claptrap. And while I am still not going to sink into such pablum, some responses to a meme I recently made reminded me of a theme I have seen echoed through parts of what some would call the manosphere for years.

The best explanation would be to show you the meme I placed on Facebook, highlighting one of the early comments to it:

And now the comment:

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That’s just the way it is in our nation’s domestic relations courts.

The deeper you get, the more foolish you become until you are likely to face bankruptcy in the end


Still Spending Money on Useless Family Law Lawyers?

Programs to Help Families in Conflict.

Here’s a Solution. | Leon Koziol.Com

300,000 lawyers in California alone, more than a million nationwide and a comparable number of candidates in law school. That’s a lot of lawyers anxious to find employment. If you have an ax to grind with your ex, some score to settle for ego purposes, or you just like to fight for attention, then you make a perfect employer for a divorce or family court lawyer prepared to manufacture controversy for profit. Even if you’re not a fighter and more of a reasonable type, there is no shortage of issues and not enough money to satisfy a lawyer once you’ve hired one.

That’s just the way it is in our nation’s domestic relations courts. The deeper you get, the more foolish you become until you are likely to face bankruptcy in the end. Once they get you in the door, the system makes you think it’s all for your children’s “best interests,” but those same children may easily lose the funds for a good college education. Worse yet, you may have to start all over again building a new life, a new savings account and a logical explanation for sacrificing so much for so little.

That’s why parental advocate, Dr. Leon Koziol, has been crusading for reform. On March 1, 2015, he released an alarming report describing the complexities of today’s domestic relations courts and the vast harm they are causing to our families, moral fiber and productivity in the workplace. On March 18, 2015, he will begin a promotional tour in Nashville regarding his reform efforts. Already the responses have been coming in for answers to the many problems faced by victims in these courts. To address them, he will be sponsoring a series of conference calls.

The following topics will be featured for those wishing to participate at no cost:

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Children Need Both Parents

State lawmakers should pass much-needed reform of child-custody laws.

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Dr. King’s famous “I have a dream” speech was about being a father

What MLK Taught Me About How to Be a Dad

“We don’t take black money.”

Those were the cruel words my father-in-law, Dr. Little, heard when he was a young man at a public golf course in 1959.

“Good,” he responded. “Because money is green.”

He left his cash on the counter, turned around, and walked out the door to go play a round of golf.

Later, he and his friends were escorted away by police for playing on a “whites only” course. Rather than exploding into a violent rage, as many others would have done, Dr. Little stayed calm and held his head high during his arrest.

That highly publicized event and his example of a dignified man were instrumental in the future of the golf course, which would be integrated a few years later.

On MLK Day, I find myself reflecting on my father-in-law’s story. I am also reminded that Dr. King’s famous “I have a dream” speech was about being a father. It was about envisioning the future he wanted for his children, and then working to make that dream a reality.

“I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character,” he said.

We can all learn something from Dr. King, Dr. Little, and Championship Fathers across the globe …

More important than a man’s circumstances—his race, his socioeconomic status, his custodial or marital situation—is the way in which he handles his circumstances and envisions the future.

Do you model self-control? Do you remain calm and rational, even when others are becoming bitter … perhaps even violent? Can you hold your head high because you know you are acting like the dignified man you want your children to see?

Do you communicate to your children that the world is a good place and that the future is bright and colorful?

Or do you act as though the world is a bleak place to live?

When I think about what other fathers—black, white, Asian, Latino, poor, rich, married, divorced—have been through, I am motivated to hold the mantle just as high and to walk with dignity.

I am reminded to be mindful about what my children see through my eyes and how they envision the future.

What are your deepest longings for the world in which your children grow up? How do you want them to see you? The future?

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