Archive for the ‘Vocabulary Lessons’ Category
Alienation Ain’t Going Anywhere —
NOTE: This continues my last post. Curious about Lauren v. Ted, I went and fetched it.
The evidence before me demonstrates a pattern of willful and calculated violations of the clear and express dictates of the parties’ Stipulation of Settlement,” Ross wrote in Lauren R. v. Ted R., 203699-02.
To review, the reporter, reviewing the ruling:
Supreme Court Justice Robert A. Ross in Nassau County ruled that the mother, Lauren R., willfully violated a court order by deliberately alienating the elementary school-age children from her ex-husband, Ted R.” (cite, below)
Ex-Wife Ordered Jailed for Alienating Children From Father
I SAID, INCREDULOUS:
Let’s look at ” willfully violated a court order by deliberately alienating“:
Did the court order mention not alienating — or was the court order about visitation? One is clear-cut. The other is a psychological assessment, less clear-cut, and gives judges a free license to call in the obedience-training authorities. Whether or not it is “deliberate” or as a consequence of moving on in life, is a matter for a mind-reader. Excuse me, “mental health professional,” a field I no longer respect (and this is probably why).
What kind of world do we (as a culture) want? One of action crimes, or thought (intent-) crimes ?? Guess which one you have here?
Only if the court order specifically SAID “don’t alienate” (which is too broadly worded to be enforceable, anyhow) is “deliberately alienating” a violation of it. However, this appears to be referring to failing to comply with visitation/vacation schedule, but doing it in a mean way. I believe that a Law Journal, of all places, should keep those issues separate. So should stipulations and custody orders, but often they don’t, setting the parents up for repeat litigation.
I wanted to know, was “not alienating” built into the court order (incredible as it seems, the answer is YES, this time. I say, “Houston, we have a problem!”)
Seeing this ruling, I felt readers should see how this is done, and who the judge quoted, and in general pick up on the practice of (OPINION ALERT. The rest of this paragraph is my feelings. Of course, much of this blog is — excepting the data research, charts, dockets posted, and news articles, etc…. But especially this next “rant” is a sound-off)
making custodial mothers (physical custodial/joint-legal) — apparently because they are women — responsible for relationship, even if they’re in a new one. This means, that somehow, any new man in the life, can’t “father” a children if it would, say, jeopardize their previous father. Put this in the pot and see how this blends with the fatherhood crisis. The biological Dad (presumably) is out of the home, and a remarriage has taken place. The systems of laws clearly influential in this ruling, were originally (Or, as slid through Congress) aimed at low-income fathers (which the “access/Visitation” policy literature, not to mention the “fatherhood” literature, assures us is the real problem. If it’s not the REAL Dad in the home, (even if there’s another father figure), those kids are screwed for life. Also, it’s important to encourage LOW-income fathers to be persuaded to pay their child support; and the way to do this has been declared, in policy brief after policy brief, is to use the children as a carrot, removing the child support enforcement as a stick, but keeping it there just in case. Theoretically.
This example is “replete with” language and references exhibiting this policy. While Lauren R. may or may not be a nice person — for all we know, she’s a B _ _ _ ch — the practices stand, and she has been threatened with weekends in jail for her behavior.
My CMA:
LINKING, COPYRIGHTs, Etc. – — the link to this opinion is on yesterday’s post, and here is:
Lauren R. v. Ted R.
NASSAU COUNTY
Family LawNew York Law Journal
June 07, 2010
Copyright © 2010, ALM Properties, Inc.
ALM = “American Lawyer Media”
Let me COMPLETELY CMA (that’s CYA with a pronoun change) on posting so much of this opinion here:
Disclaimers: I believe that posting this is legal and within the copyright use (general, limited) as my link on this blog states. My purpose in posting here is to illustrate, for general purposes and information:
- HOW this judge reasoned,
- how the stipulation was written, and
- who this judge cited, in jailing [or threatening to] an alienating EX, which court personnel were called in — and for how much*** — to get their piece of the action BEFORE she was threatened with jail and/or custody switch (?) (the ultimate threat) and
- What “remedies” are considered available (in NY, here) for Bad Moms (and presumably Bad Dads) in violation of DIVORCE-RELATED CIVIL DECREES
- how GENDER-NEUTRAL, mostly, the “parental alienation” is in theory, but gender-specific, in practice, it seems (my challenge to readers yesterday stands — find me a man treated this way by any court for the same reasons) — and in short,
- HOW our country moved from the “rule of thumb” (diameter of switch with which one could beat one’s wife, hear tell) to the Judiciary rules and case precedents, etc. (remedies for, rather than beating, just emotionally terrorizing into compliance, or making it clear that the authority of the bench could indeed throw more weight around if compliance isn’t good enough for any woman/slut who remarries (or, doesn’t) with kids and doesn’t do it well, etc. . . . . to demonstrate, and set an example (per HIS attorney) of how very few inches forward we have moved in the past century, vis-a-vis mothers who don’t retain their men… . .
(pause to remember the originally intended VERB of this supremely compound subject sentence…..)(oh yeah, it’s coming…)
ARE RELEVANT TO OTHER PARENTS. IT IS VALUABLE INFORMATION TO THE PUBLIC… As such, I hope I don’t get put in jail for putting this information up.
***“defendant’s counsel, $11,287.50 for Attorney for the Children’s fees, and $19,833.32 for Parenting Coordinator fees,”
To obtain the access so as to answer my initial questions (how could “not alienating” be in a court order?? and why wasn’t the custody interference sufficient?), I had to subscribe to this New York Law Journal. So will you, for pay, or as I did “Free Limited Access,” which means that in exchange for free, they collect data from me and can potential send me marketing material. Being in a good mood, I allowed this. “Free” anything, on-line,” is kind of like a FREE lunch, Food Stamps, Free Legal Services, or Free Restraining Order Clinics. Either you pay, or, you fork over some of your data for the privilege of accessing these things. So, I’m not linking the title today — see yesterday’s post — ,because who knows if my particular link leads to my particular self, which I don’t feel like putting on-line today, particularly after some commentary on the judge’s commentary that reading it inspires (like, “causes to well up”) within my soul.
My CMA, ct’d.
From what I can tell on the Permissions page, my purpose here is not any of those listed: I am not republishing it in a book/ebook for educational or promotional use. I am not republishing it in a print or electronic PUBLICATION for informational or promotional use. I am obviously not photocopying it (don’t you, either!) I am not sending it in an email. I am not republishing it in a marketing MATERIAL because I am not marketing anything. I am advised to click HERE for any other potential use, and that “HERE” says that about 3 different entitites (Rightslink(r), Incisive Media, and Copyright Clearance Center.com) are all in on the action of protecting Judicial opinions from being too widespread without someone being paid for this, and able to trace it.
Speaking of DIGITAL CLEARANCE ISSUES . . . Consider this an ALERT. I make it maroon, as it’s a “parenthetical” to this post.
While I am on this topic of DIGITAL CASE INFORMATION (although this is an ALM publication, and the New York Law Journal, something else — opinions are published in it, I gather — and case dockets, caes information totally another category, today, I ran across THIS concern, expressed by a man in Los Angeles. The fine print here is supplemented from some REAL detailed research, related, on the Justice System [All of it, including enforcement Sheriffs, etc.] in Los Angeles County, which he has called an “Extra Constitutional Zone,” while wryly commenting that the similar behavior is found in courts across the country. However, this article is about digital storage of case information, and compromises in the system as a human rights crisis. Read the fine print, he’s right, I bet:
THIS is a VERY brief, readable summary of the situation, which I am still mentally processing, of automated court systems, beginning in the 1980s, 1990s: “COMPUTERIZED or CON-PUTERIZED” (8/18/2010) — thank you, Janet Phelan, and Dr. Zernik. This is momentous — and a separate post…Here’s a clue to the extent of the problem:
Amidst the rumblings that “equal justice under the law” is being applied selectively and unequally, a new charge is now being levied against the courts, coming from an unlikely source. Joseph Zernik, 54, Ph.D., is a molecular biologist and former college professor. Born in Israel, Zernik came over to the US in 1983, to attend the University of Connecticut where he subsequently received his Ph.D. in molecular biology He was later to work as a professor –first at the University of Connecticut and later at the University of Southern California. Along the way, he also studied computer systems and orthodontics.
By the way, this is the kind of background — more than social scientists and psychologists (or attorneys) that is likely — when attention is given to the legal processes — and systems — in the courts — that can help us. The analytic and systems expertise (logic, in other words) beats rhetoric and reframing every time. I feel… Marshall McLuhan {1911-1980…hover cursor for descr.}warned us that the MEDIUM was the MASSAGE {hover cursor for descr.}(long ago) — this talks about the impact of the MEDIUM (of digital case records) on our legal process.
Beginning in 2002, Zernik began to scrutinize government and corporate data base systems, first in schools and later in banks and in courts. In 2007, he began researching how court computer systems, such as “Sustain,” installed at the Los Angeles Superior Court and PACER/CM/ECF, installed at the federal courts, have circumvented some of the basic and fundamental processes which we have previously taken as sacrosanct.
Around 1985, the Los Angeles Superior court installed “Sustain” as its first civil case management system, to replace the previous paper-based operations. The federal courts began computerizing their systems around the early nineties, according to a spokesperson for PACER, which is the Public Access system of the federal courts, developed under the guidance of the Administrative Office of the US Courts. Actually, the federal court installed TWO systems. One, called PACER, was for general public access. The other system, CM/ECF, is accessible only for the court itself and for court authorized attorneys. However, even on such attorneys restrictions of access were placed and authorization was granted only to view certain records.
In other words, alleges Zernik, there are now two separate systems in place –one for the public and one for the elite tier of lawyers and officers of the court. The courts therefore created two docketing systems, separate and unequal, and asserted the right to segregate persons into one system or the other. As a result, the public right to inspect public documents was severely mitigated. The spokesperson for PACER stated that there were indeed two systems in place, one for public access and one for filing.
Apart from the obvious issues raised by two separate systems which are apparently functioning for different tiers of individuals—the public on one hand and the lawyers and court officers on the other– Zernik uncovered further cause for alarm. When the court systems became computerized, the common law practices also altered, subtly and nearly undetectably. . .
BACK TO NASSAU COUNTY, NY a.k.a.,
How an ANTI-ALIENATION DIVORCE STIPULATION led to a Mom ordered to jail for violating it.
Justice Robert A. Ross
Decided: May 25; 203699-02
The continuing jurisdiction of the Supreme Court to modify or annul its custody and visitation judgments and orders, is set forth in Domestic Relations Law §240. Such authority is similarly provided to the Family Court pursuant to Family Court Act §467. In post judgment proceedings regarding a modification of custody and visitation, the standard is the “best interest of the child,” when all of the applicable factors are considered. See, Friederwitzer v. Friederwitzer, 55 NY2d 89.
Roughly translated, these two courts’ authority to mess with (alter) either parent’s life continues until all children reach majority, or some other worse event intervenes, which we hope it doesn’t. Think about this when conceiving children. Er– guess that advice is not too practical, how about BEFORE conceiving children.
Parental access, commonly referred to as “visitation,” is an important right of the non-custodial parent and the child. See, Weiss v. Weiss, 52 NY2d 170.
Roughly translated — the word “parent” and “noncustodial parent” obscures the purpose of these rights (rights?) — as seen by why women like me have to write blogs like this. The switch from mother and father to “parent” is not straightforward — it’s obscuring gender bias. Even the Wikipedia definiton of “noncustodial parent” forwards reader to the US Dept. of HHS site, “Fatherhood.hhs.gov” where, after the TOP left square, which reads
2006 Initiative / TANF Reauthorization
The Deficit Reduction Act of 2005 {{See 1996 for where this originated}} provides funding of $150 million each year for healthy marriage promotion and fatherhood. Up to $50 million each year may be used for activities promoting fatherhood, such as counseling, mentoring, marriage education, enhancing relationship skills, parenting, and activities to foster economic stability.
{{well, treating ex-wives like this may send a message to women not to, ever, become an ex-wife. Your life may not survive marriage, but it’s equally unlikely to survive leaving a marriage, at least emotionally intact. So in SOME sense, pushing this, nationwide, can — like threat therapy — warn married women not to mess up..This policy, essentially, is the welfare state mentality’s answer to the welfare state mentality, if you can follow the logic there.}}
one can scroll down to
Access, Visitation, Paternity, & Child Support
About half of all children spend some part of their life apart from one or both of their parents, and most often the parent that does not live with the child is the father. The laws that cover these relationships are the responsibility of the state (Family Law), but
Yeah, a BIG BUTT…

(Bighorn sheep charging) . . . The LAWS. . .. BUT . . . . (in contrast with the LAWS, we have a new concept, FEDERAL FUNDING to STATES to help them develop PROGRAMS….to “help.” They just want to “help”….
the Federal Government does provide states with fundingto assist in the development ofprograms that help establish paternity, collect child support, and provide non-residential parents with access to their children.
{{note — though found on “fatherrhood.hhs.gov” this refers to funding to help noncustodial PARENTS. See Dombrowski. See “rightsformothers.com.”. . . I never did see why so many people (women, in particular) fail to acknowledge that these A/V programs are related to the child support system. The federal government says they are….
OK, one more grammar review before i move back to this ruling: This program, the ACCESS VISITATIOn NONCUSTODIAL PARENT and CHILD language, as cited (years ago) on FATHERHOOD.HHS. GOV says it this way. The STATES’ LAWS . . . . BUT the Federal Funding to STates to develop programs. Laws – – — BUT, . . . . Federal Funding. Laws — BUT — Federal Funding (to counteract the laws, to “help” the laws. Well, if the Feds are helping with existing Laws, why then is the word “BUT-T-T-T-T needed to describe the system?? . . . Also, (convenientlly for this end), motherhood.gov doesn’t mention to mothers going into the courts to look here for the 2nd half of the States Laws (which they focus on), BUT > T > T > T…
I’m driving this in, because what follows here is full of legal cites, and precedent, to justify the situation. But his language will soon reveal, alienation, alienation, alienation . . . .
In a scenario where one parent is demonstrated to have interfered with the custodial rights of a parent, a number of mechanisms exist [see, Scheinkman, New York Law of Domestic Relations, Second Edition, §23.14] to aid in the enforcement of custody orders and judgments, including:
1. Criminal Sanctions, pursuant to Penal Law §135.45 and 135.50;
2. Suspension of alimony or maintenance, pursuant to Judiciary Law 750,753;
3. Tort action for custodial interference;
4. Orders of Protection, pursuant to Domestic Relations Law §240
While the most factually apparent ground to change existing custody arrangements involves physical danger, the act of alienating a child against a parent presents a nefarious form of conduct that must be met with careful consideration and immediate, comprehensive remediation by a Court (see, Zafran v. Zafran, 306 AD2d 468; Lew v. Sobel, 46 AD3d 893). A change in custody should not be permitted solely as a means for punishing a recalcitrant parent (see, Lew v. Sobel, supra), but always requires due consideration of all of the other custodial factors. See, Robert T.F. v. Rosemary F., 148 AD2d 449.
Note. I’m not checking the cites. Any attorney should. What the heck is “Judiciary law?” (above). And I’ve never heard of a TORT for custodial interference, I thought family law was out of the realm of torts. Maybe NY is different than the other coast, where I live. But, if it was the same, it would still take an indignant judge to sign an order.
I love the ‘While . . . . physical danger [See, “Girl, Interrupted” Kristin Stillman] [“phsyical danger might cause a child to die, or suffer injury, (by contrast, this language says, a far , far worse) ALIENATING A CHILD is NEFARIOUS!! and requires immediate, comprehensive remediation. {{see “DastardlyDads.blogspot.com” for what is NOT “nefarious conduct,” per judges}} I also have to “love” the judge’s dismissal of “most factually apparent ground” in favor of “punishing a recalcitrant parent.” So much for “best interests of the child” — the motived is to punish a recalcitrant parent…. I’ve never heard “recalcitrant” used of an adult before. It means, literally, to “kick back.” Merriam-Webster definition give an Antonym (opposite) as the desirable state of women in this culture, this world, and with the help of judges, precedents, Federal programs, and rulings like this, surely they will return to this Edenic state:
Good grief!!! Recalcitrant has been used (in this example) of an employee, and a youth. Well, welcome, parents, to that category! The problem with recalcitrance is, a parent becomes:
While mindful of the consequential future effect of this determination (see, Lauer v. City of New York, 95 NY2d 95, 100), ….
Any sentence starting with “While” followed by data, or a statement of a situation, etc., is setting up the reader to consider that data LESS important than what follows, while declaring to the reader that this author at least weighed the pros and cons, but feels that the “while” side is less important than what’s upcoming. For a great example of this, look above, and the 2006 Access Visitation program blurb doing essentiall the same thing, only in a “This BUT that format.” “access/visitation is a matter of State & family law, the FEDERAL GOVERNMENT funds programs. . . . . etc.” Here, since the part in the while section is going to be overcome, it is vaguely worded and only gets one cite, prob ably someone suing the City of NY over a disastrous custody situation result. Maybe I’ll look it up. If this was a death, and this judge referred to that death as “the consequential future effect of this determination,” what does that say about this judge’s decision-making process?
Check out this case — and how UNrelated it is , on the surface, to the divorce case here: My cites (I’m not an attorney) are not 95 NY2d 95,100 (which sounds like an opinion), but show which case was cited. The divorce here resulted from a NY Medical Examiner’s initial diagnosis as an infant death as homicide by blunt instrument head trauma. At the time, the couple was married, and put through hell, particularly the father, who was fingered for this. Later, a re-examination of the child’s brain showed a brain aneurysm. Lauer v. City of NY sued over this. At the very high risk of losing reader’s attention here, I’m going to cite the (UNpublished) opinion on-line, so we see what the 10 words preceding a Supreme Court judge’s proclamation that willful interference with a custody order raises a strong probablility of parental unfitness:
2 No. 59
Edward G. Lauer,
Respondent,
v.
City of New York, et al.,
Appellants.
2000 NY Int. 62
May 16, 2000
This opinion is uncorrected and subject to revision before publication in the New York Reports.
Julian L. Kalkstein, for appellants.
Peter James Johnson, Jr., for respondent.
KAYE, CHIEF JUDGE:
On this appeal we revisit a familiar subject: whether a member of the public can recover damages against a municipality for its employee’s negligence. Here we answer that question in the negative.
The Facts
Three-year-old Andrew Lauer died on August 7, 1993. That same day, Dr. Eddy Lilavois, a New York City Medical Examiner, performed an autopsy and prepared a report stating that the child’s death was a homicide caused by “blunt injuries” to the neck and brain. Although the report indicated that the brain was being preserved for further examination, the following day a death certificate was issued stating that Andrew’s death was a homicide. Based on the Medical Examiner’s conclusion, the police began investigating what they thought was a homicide, focusing primarily on plaintiff, Andrew’s father. Weeks later, on August 31, 1993, the Medical Examiner and a neuropathologist conducted a more detailed study of Andrew’s brain. The report, prepared in October 1993, indicated that a ruptured brain aneurysm caused the child’s death, thus contradicting the earlier conclusion. The Medical Examiner, however, failed to correct the autopsy report or death certificate, and failed to notify law enforcement authorities.
Meanwhile, the police department’s investigation into Andrew’s death continued. Some 17 months later, in March 1995, after a newspaper exposé, the autopsy findings were revised, the police investigation ceased and an amended death certificate was prepared. As a result of this incident, the City Medical Examiner who had conducted the examination resigned.
Plaintiff and his estranged wife subsequently commenced separate actions. Lisa Lauer’s action against the City of New York and Dr. Lilavois, seeking damages for intentional and negligent infliction of emotional distress, was dismissed. In affirming the dismissal, the Appellate Division held that her allegations failed to establish “that she fell within any recognized orbit of duty upon which liability may be based” (see, Lauer v City of New York, 240 AD2d 543, 544, lv denied , 91 NY2d 807). {{ALWAYS RECOGNIZE THAT “ORBIT OF DUTY ON WHICH LIBABILITY MAY BE BASED.”}}
In the present action seeking $10 million in damages against the City of New York, the Office of the Chief Medical Examiner, Dr. Lilavois and the Police Department, plaintiff alleges defamation, violation of his civil rights, and both negligent and intentional infliction of emotional distress. He claims that defendants’ conduct–including the Medical Examiner’s negligent performance of the autopsy, failure to correct the erroneous report and death certificate, and failure to disclose that Andrew’s death was not a homicide–“precipitated the destruction of [his] marriage * * * forced him to sell his home and leave his neighborhood, and caused him to become the object of public scorn, humiliation, ridicule, embarrassment, harassment and contempt throughout the City of New York.” He further alleges that he “sustained severe and debilitating emotional distress, emotional anguish, anxiety and mental suffering.”
On defendants’ motion, Supreme Court dismissed the defamation and civil rights causes of action, but allowed plaintiff to pursue his emotional distress claims. A divided Appellate Division modified Supreme Court’s order (see, 258 AD2d 92). All of the Justices agreed that the defamation and civil rights claims were properly dismissed. They also unanimously concluded that plaintiff’s intentional infliction of emotional distress claim warranted dismissal; that any causes of action based on performance of the initial autopsy were immunized as a governmental exercise of discretion; and that the Medical Examiner’s failure to correct the reports and accurately inform the authorities were “ministerial” acts. The Appellate Division divided, however, as to whether plaintiff could maintain a claim for negligent infliction of emotional distress based on those ministerial acts, a majority concluding that he could.
I don’t know if this was a custodial-father case, but the judge citing it here is TWO parents suing the city for damages on the basis of a Medical Examiner’s mistake, and failure to inform them of it. Wife was estranged at the time her appeal was she in 1993? Certainly there are more relevant cases in NY since then, however this judge cites one referring to an infant’s death, bad enough, being deemed a homicide, and tearing up the family’s subsequent decade as “consequential effect” before getting down to business, which is going to be ordering a recalcitrant, alienating ex-wife to jail. Here’s the sentence, again:
While mindful of the consequential future effect of this determination (see, Lauer v. City of New York, 95 NY2d 95, 100), ….
inasmuch as a Court’s finding of willful interference “per se raises a strong probability that the custodial parent is unfit” (see, Young v. Young, supra; Glenn v. Glenn, supra), whena pattern of alienation by the custodial parent is proven in any prior proceeding, that alienating conductmust [emphasis added] be considered and addressed by the Court in any subsequent proceeding involving custody/parental access. See, Audobon v. Audobon, 138 AD2d 658; Martin R.G. v. Ofelio G.O., 24 AD3d 305. Also, see CPLR §4213[b]; Robert T.F. v. Rosemarie F., 148 AD2d 449.
Apparently 4 cites re: alienation are given. 4 to 1, weighing in on the nefariousness of alienation, and it as a basis for action in subsequent custody/parent access proceedings. Wonder if any of those involved a woman as the injured party..
I too think that parents unable to comply with custody orders EXCEPT for good cause (like, death threats — google “Judge Lemkau,” in California, or similar cases in almost any of the 50 states). However, in my case, it meant nothing, even though I’d been repeatedly bringing this up, and myself as a custodial parent (sole physical only) was fit, and never deemed unfit, til — when complying with a court order, my kids disappeared — overnight. And no court or law enforcement (or anyone else) did anything about it. That principle haveing been now thoroughly established, no subsequent court orders were obeyed more than coincidentally, including custody/visitation. At this time, I knew nothing of these programs to help with “Access/visitation” although I specifically (a year before kids were taken) asked a judge for a safer exchange alternative. . . .. However LAUREN & TED’s court order/Stip. is so vague and overbroad as to be ridiculous. At least the part cited here.
The doctrine of res judicata bars the issue of whether alienation occurred in the subsequent change of custody hearing ordered herein. See, O’ bdoherty@chat.nyc.amlaw.corp Brian v. City of Syracuse, 54 NY2d 353, 357; Matter of Waldman v. Waldman, 47 AD3d 638; Braunstein v. Braunstein, 114 AD2d 46, 53; Town of New Windsor v. New Windsor Volunteer Ambulance Corps, Inc., 16 AD3d 403. {{HOWEVER}} Considering that parental alienation of a child from the other parent has been determined to be “an act inconsistent with the best interest of the child (Bobinson v. Bobinson, 9 AD3d 441; Stern v. Stern, 304 AD2d 649; Zafran v. Zafran, 28 AD3d 753; Zeis v. Slater, 57 AD3d 793), and that it has been proven in this contempt proceeding – – the “strong likelihood of unfitness” becomes a “factor” that must be considered in the change of custody hearing ordered herein.
Parental alienation is tied with UNFITNESS as a factor, although res judicata on alienation cannot be an issue in this custody change (as I get it). I tried to llok up “Brian v. City of Syracuse, 54 NY2d (etc.) but so far, it’s mostly this case, a slap in the face that lists the wife as the “Ex-Wife from hell” and is featured on “Parental Alienation Canada.” Father’s Rights groups are rejoicing, and someone even took out a “laurenlippe.com” website where you can see the collateral press damage. Maybe I jumped on the wrong bandwagon here, but I am reading that divorce stipulation, and it just doesn’t look fair.
Protraction or delay in parental alienation cases often serve to reinforce the offending conduct and potentially undermine any remediation that a court could fashion with appropriate therapy, parent coordination, and/or, a change in custody. See, Steinberger, Father? What Father? Parental Alienation And Its Effect on Children, NYSBA Family Law Review, Spring 2006;
{{At least this is honest, and says “Father” and not just “parent”}}
Johnston, J.R., Children of Divorce Who Reject a Parent And Refuse Visitation: Recent Research & Social Policy Implications for the Alienated Child, 38 Fam. L.Q. 757, 768-769. Under the circumstances of this case, this Court’s finding of a willful violation of an existing order of custody in the form of parental alienation requires a prompt evidentiary hearing to determine whether the children’s best interests, under the totality of the circumstances, warrant modification of the previously entered custody order. See, Friederwitzer v. Friederwitzer, 55 NY2d 89; Corigliano v. Corigliano, 297 AD2d 328; Martin R.G. v. Ofelio G.O., 24 AD3d 305; Carlin v. Carlin, 52 AD3d 559.
J.R. Johnston is probably Janet Johnston. I have a post (older) of Lundy Bancroft debating some of her assessments as failing to identify potential abuse — on this blog.
So much to say, so little time. Well, I told you, “Alienation” ain’t going anywhere!
PROCEDURAL HISTORY
By Order to Show Cause dated December 14, 2007, defendant sought an order to have the plaintiff held in contempt for her willful and deliberate failure to comply with the Stipulation of Settlement, dated October 30, 2003, in that she allegedly interfered with his right to frequent and regular visitation with and telephone access to the parties’ children, D. and N.; and by alienating the children from the defendant through numerous acts of disparaging the defendant to the children. {{Parts A 7 Parts B}} The Court granted defendant’s motion by its Amended Decision and Order dated September 9, 2008, to the extent that a hearing was ordered. This contempt hearing was held before me on May 15, 21, July 13, 15, 16, August 3, 4, 5, 6, 17, 18, 19, September 17, 2009, January 4, 5, 6, 7, 8, 11, 12, 19, February 3, and 22, 2010.
If she dished out hell, surely this scheduled was some of it back. How could a single hearing occupy so many days? Because someone can pay an attorney to be there, constantly? or two attorneys? And they put the rest of us through hell/mediation because the courts are clogged? 12 hearings in 4 months, summer 2008, then a year break (no summer vacation for THIS custodial mother with her kids), a ruling Sept. 2008 ordering a hearing and a year break. A hearing Sept. 2009, a season off court and 10 hearings in TWO months…Poor people don’t get this, but this is affecting poor people.
The parties’ Stipulation of Settlement was incorporated but not merged into the parties’ Judgment of Divorce (Stack, J.). Pursuant to the unequivocal terms of the Stipulation, she was prohibited from “alienating the children from the defendant, plac[ing] any obstacle in the way of the maintenance, love and affection of the children for the defendant,” or to “hinder, impair or prevent the growth of a close relationship between the children and their parents, respectively, or cause others to do so.” Moreover, in sharing joint legal custody of the children, she was specifically required to consult with the defendant regarding decisions affecting the children’s education, health and religion. That Stipulation also clearly provided that each of the parties was to “exert every effort to maintain free access and unhampered contact,” “to foster a feeling of affection,” and not to “do anything which may estrange the children from [the defendant] or injure the children’s opinion as to the Father which may hamper the free and natural development of the children’s love and affection for the [Defendant].”
I think most cases are set up for failure from the start. Mine was. Domestic violence precipitated the separation (no divorce action even involved. Despite this, frequent visitation (more than frequent), and so vaguely written a visitation order as to guarantee difficulties around exchanges. Joint legal custody — one cannot do “joint legal custody” with an abuser; there is no “we” anywhere in there. Case in point, the DV. Even before divorce was ever initiated we were handled as though it was just a family squabble, even though a restraining order AND kickout was granted.
Here, Ted apparently was fore-armed to protect any “emotional abuse” by how it was worded. Her own divorce stipulation had a strict prohibition on it, worded in very similar terms to a restraining order; in fact, it in effect was one. The phrase “or cause otehrs to do so,” is in protective orders. If we were a fly on the wall, and read the whole stipulation, would there be ANY prohibitions on the father? The admonition to “both” parents not to estrange the children’s opinion of the Father” is a contradiction. Why would the Father estrange his own children? That makes no sense. The stipulation “not to do ANYTHING which MAY estrange the children from (Dad) or injure their opinion of the Fatehr” — good grief. A woman is to predict their possible response to anything she does or says, at all? How can a court order a party to “foster a feeling of affection.” Define, please !!!
To sustain the defendant’s application regarding contempt, he must demonstrate that the plaintiff has violated a clear and unequivocal court order which actually defeated, impaired, impeded or prejudiced the other party’s rights (see, Great Neck v. Central, 65 AD2d 616) or were calculated to affect those rights (Stempler v. Stempler, 200 AD2d 733). The movant must meet this burden by clear and convincing evidence (Bulow v. Bulow, 121 AD2d 423). The Court may not hold a party in contempt where payment may be enforced by other enforcement procedures (Wiggins v. Wiggins, 121 Ad2d 534), unless such remedies would be an exercise in futility or ineffectual (Farkas v. Farkas, 209 AD2d 316). Upon a finding of contempt, the Court may impose a period of commitment to jail (Powers v. Powers, 86 NY2d 63) or fine, or both.
In this instance, a lawful court order, in the form of a Judgment of Divorce incorporating the parties’ stipulation of settlement, was in effect. The plaintiff was shown to have actual knowledge of its terms. Ottomanelli v. Ottomanelli, 17 AD3d 647; Freihofner v. Freihofner, 39 AD3d 465; Kawar v. Kawar, 231 AD2d 681, 682. This order of parental access was not only in effect before and during the hearing, but unsuccessful efforts were made during the course of the hearing to utilize counseling and parenting coordination to remediate the alienating conduct of the plaintiff. See, Lew v. Sobel, 46 AD3d 893. See, also, Judiciary Law §753; Massimi v. Massimi, 56 AD3d 624.
. . . .
THE COURT’S ROLE IN ADDRESSING ALIENATION
Differing “alienation” theories promoted by many public advocacy groups, as well as psychological and legal communities, have differing scientific and empirical foundations. However, interference with the non-custodial parent’s relationship with a child has always been considered in the context of a “parent’s ability to encourage the relationship between the non-custodial parent and a child,” a factor to be considered by the Court in custody and visitation/parental access determinations. See, Eschbach v. Eschbach, supra. Our Appellate Courts recognize such factor, as they have determined that the “interference with the non-custodial parent and child’s relationship is an act so inconsistent with the best interests of a child, as to, per se, raise a strong probability that the offending party is unfit to act as a custodial parent.” See, Leistner v. Leistner, 137 AD2d 499; Finn v. Finn, 176 AD2d 1132, 1133, quoting Entwistle v. Entwistle, 61 AD2d 380, 384-385, appeal dismissed 44 NY2d 851; Matter of Krebsbach v. Gallagher, 181 AD2d 363, 366; Gago v. Acevedo, 214 AD2d 565; Matter of Turner v. Turner, 260 AD2d 953, 954; Zeiz v. Slater, 57 AD2d 793.
Where, as in the instant case, there is a finding of a willful violation of a court order demonstrated by a deliberate interference with a non-custodial parent’s right to visitation/parental access, the IAS Court, as a general rule, must schedule an evidentiary hearing before making any modification of custody. See, Glenn v. Glenn, 262 AD2d 885. See, also, Entwistle v. Entwistle, 61 AD2d 380; Young v. Young, 212 AD2d 114; Matter of LeBlanc v. Morrison, 288 AD2d 768, 770, quoting Matter of Markey v. Bederian, 274 AD2d 816; Matter of David WW v. Lauren QQ, 42 AD3d 685; Goldstein v. Goldstein, 2009 N.Y. Slip Op. 08995 [Dec. 1, 2009].
. . .
“In vivid testimony, the defendant recalled how the plaintiff willfully prevented him from exercising his rights to visitation with the children from November 4, 2007 through December 21, 2007”
This is approximately one month and some weeks. It is NOTHING compared to what mothers have suffered, often for years, and often without remedy. While it’s wrong, I note that the father filed an OSC by December 14th, and got action on it quickly. I wonder, in those many, many hearings, whether Mom got to testify at all.
Here’s a paragraph of the judge judging her by her emotional affect in the courtroom, and interpreting it:
Plaintiff half-heartedly testified that she wants the children to have a relationship with the defendant. Her view of the defendant’s role was a numbing, desired nominality, evident by her actions that were without any semblance of involvement by the defendant – – notwithstanding the clear joint custodial provisions. At critical points in the cross-examination, plaintiff was noticeably off balance – – hesitating and defensive – – with answers that dovetailed to either narcissism, or, a poor grasp of the affects of her conduct. The plaintiff was dispassionate, sullen, and passively resistant to the alienating efforts of the plaintiff. ***The continued litany of instances of alienating conduct, turned repression of the defendant’s joint custodial arrangement into farce.<+> The endurance in recounting instance upon instance of alienating conduct herein, was as daunting as it was indefensible.<*>
She is wrong for being off-balance, hesitating, defensive (this is a hearing of a contempt, and protesting it is her proper stance as a litigant! Being “defensive” isn’t wrong in this situation! And anyone might hesitate in giving an answer in court! Particularly a mother being grilled…
However, a judge throwing around psychological interpretations and language, as if they were FACT (“answers that dovetailed to narcissism or a poor grasp of the affects of her conduct.”) — this is testimony outside his expertise. (Unless he switched “effects” to “affects”). He’s trying to sound psychological, and misused the words: “Affects” characterize people, not conduct. He’s over-reaching, and over-interpreting. Here’s yet another evidence of “interpretation” of effect (results) as per se being evidence of a single cause, when most effects of any sort can have more than one, or multiple contributing causes:
The fact that the children were as angry as they were with the defendant in November and December, 2007, demonstrates, in my view, that efforts to alienate the children and their father were seemingly effective. The children demanded that defendant meet “their” demands before they would permit him to visit with them again. They demanded that defendant permit N. to attend F. A., that he withdraw his objection to their participation in therapy with their mother’s therapist
Is it possible that they were angry because they could not attend F.A. or wanted to participate in therapy? While as minors, they do not get to “demand” anything of their father as a condition of visitation, this judge states that their anger is evidence per se of efforts to alienate.
I’d be sullen too, in any such hearing. But this judge holds it against her. The sentence between *** and <+> makes no sense. The litany was from the father. So, if the “litany” turned (repression of joint custody) into something, then the “litany” was the agent of making a farce. A litany is a religious term, and involves recitation.
“The endurance in recounting instance upon instance of alienating conduct herein was daunting” — i.e., Poor, brave, Dad, enduring severe emotional pain by having to recount how many times his rights were disregarded.
Poor brave Dad brought the custody action; someone helped this hearing on — and on, but recounting facts is innate to bringing any action. Also, I wonder why these facts weren’t simply written out in a Declaration supporting the OSC. Why the courtroom drama? No kudos to him for having to recount his own emotional pain. The grammar goes like this, of that sentence: “The endurance . . . . . was indefensible.” Endurance is good. The situation requiring this endurance is what the judge considers indefensible. ENDURANCE — good. INDEFENSIBLE — bad. Basically, the judge is offended.
In this paragraph “reading” the mother, the judge has mis-used “affects” and “litany,” diagnosed “narcissism” (without quoting the counselors in the case, assuming one was actually qualified to diagnose, and had done so, but based on HIS reading of it) and is starting to get his words mixed up. Maybe that’s one of his “affects.” Selfishness is a character trait. “Narcissism” is a different, more extreme term so over-used, it’s almost become meaningless except to reveal a speaker who thinks him- or herself a psychiatrist. DSM has become mainstreamed in MSM (mainstream media) and shows up in legal opinions. to lend an air of expertise or authority.
These kids will probably do OK, relative to others in similar predicaments. I bet they are fed, and they are well-educated. Consider (evidence of a contempt):
Another example occurred on June 13, 2009, when plaintiff quietly escorted D. from Alice Tulley Hall during the intermission, ignoring the instructions from the G. Y. Orchestra staff that everyone remain until the conclusion of the entire program. Plaintiff purported she was unaware that defendant attended this special program in Lincoln Center. Defendant, who was in attendance at the concert, was left waiting at the stage door with flowers for D. Plaintiff ignored his text messages questioning where his daughter was. The plaintiff, when confronted with the notion that she may have precipitously ushered her daughter away before her father was able to give her flowers, retorted to the Court that “it was not her responsibility to make plans for T.”
Daughter “D.” is in a youth orchestra which performed in Alice Tulley Hall/Lincoln Center. Whatever else goes on between her parents (and stepdad) she has exposure to some other youth musicians, concertizing, and probably is able to talk with these kids as well. She will likely go to college and have a good shot at life as an adult. The “parental alienation” promotion was (ostensibly!) not aimed at families of this income level, though clearly emotional abuse affects everyone. I have seen worse behavior among rich people than poor, it seems, and the specialty can be forms of emotional abuse. . . . . In this particular incident, it seems to me that as a joint legal custodial parent, the father, being aware of this concert, might have texted the Mom — I’d like to see her afterwards, rather than just assumed he would, although certainly that was a reasonable assumption, that kids would stay. However, as these are elementary aged kids (or were, at some point in time, there may have been any number of reasons for leaving before it was out, even despite staff instructions.).
I omitted the central narrative, including accusations of breast-fondling and CPS involvement, which was met with retaliation for reporting by CPS.

From “Parental Alienation Canada” – the ex-wife from hell
Lippe [ALLEGEDLY] often went nuclear,
launching foul-mouthed tirades at Ted Rubin in front of the girls
— calling him a “deadbeat,” “loser,” “scumbag” and “f – – – ing asshole.”
Just wanted to note: what was the standard of proof in these hearings? Because when facts are quoted minus the attribution, by a judge (i.e., who said them) they become facts, in effect. Interpreting the word “deadbeat” was brought up — who paid for music lessons? Was this a stay-at-home Mom, or a working one?
In the relationships between people to psychologize without reference to what actually happened, in its larger context, is definitely tricky ground. In a custody switch to this Dad, is he working FT and remarried? Who would care for them during the week if not? Would they then lose any child support he was paying, or is she capable of putting in for it? Did any of this make the hearing (I’d bet not).
AGAIN, my blogging here is not to say this was a nice Mom or he was a bad Dad. She has plenty of hate mail, all over the internet, and I haven’t actually found a single positive word anywhere. So, I took the opposing side, and wanted to know how the jail thing happened to this women, but men who do worse, and go on to murder, are sprung from jail. Let’s get real about this system. The reality of their initial stipulation is, it was outrageous. that’s where the damage occurred.
Well, this is a 7,000 word post, and that’s enough for one post. Again — plenty of mothers are no longer seeing their kids, court order or no court order. What are our bankrupt options?
Flat-lining Language = Homogenizing America (Part 1: Raw Milk Wars)
FLAT-LINING LANGUAGE IS LIKE HOMOGENIZING MILK. IT BREAKS UP THE GLOBULES OF FAT AND DISTRIBUTES THEM EVENLY THROUGHOUT THE LIQUID — NO “CREAM AT THE TOP.” ALTERNATELY, THERE IS SKIM MILK, WITH THE CREAM MARKETED SEPARATELY.
It may not be obvious that I’m talking about the fatherhood initiatives in the family law system, and the concepts that we are just to all get along, and not FIGHT in certain circumstances. But I am.
Flat-lining is eliminating the depth perspective by commandeering the communication lines (technology, distribution), and restricting the language. Ideally this is all enough to keep a society (like a machine) in good working order.
But AMERICA is large geographically, and ethnically and culturally kinda diverse. More effort needs to be put into the training mechanism(s) and to engage people in monitoring themselves automatically and adopting a common speech with reduced terminology = Ideas Reduction
(think I’m kidding? Research the background of Dr. Seuss!).
Upstarts that refuse to think properly, or keep getting out of their assigned seats in this virtual classroom, asking impertinent questions, relying on independent feedback to judge themselves, or in general refuse to assimilate, can be sabotaged, or if necessary disciplined — preferably in private.
When this becomes public, further actions will be taken to make an example of them.
This is for society’s good.
One LONG post ahead of you. Use the scroll button and have fun. If you want to skip 1/3 of it for later, go to RAW MILK WARS – 1 and RAW MILK WARS – 2 and understand what business government is in. The middle 3rd will simply flesh out the detail, talking about Water Wars in Los Angeles.
“Few discoveries are more irritating
than those which expose the pedigree of ideas.(1)”
(1) Lord Action, quoted in pg. 57 of Introduction to “The Road to Serfdom,” quoting from “Review Sir Erskine May’s Democracy in Europe [1878] reprinted in The History of Freedom and other Essays,? etc. This Road to Serfdom is edited by Bruce Caldwell, and written by F.A. Hayek , this Definitive Edition co. 2007, the estate of the author (Hayek).
Hayek lived and published this starting between World Wars I and II, being an Austrian immigrant and economist, aware of German ideas of centralized planning, and who (in the London School of Economics) felt that his British compatriots (himself being naturalized) were missing some key points about the concept of a PLANNED ECONOMY, in the war against facism and communism.
Recently I blogged, asking whether it’s Psychology, Color, Gender, or Just Money? What happens when there’s an overlap? I think the point being missed — now, as then — is that in the war on This (or that, or something else) — (today, for an example, I have the MILK wars, good grief) — it’s the techniques of wartime organization used in peacetime that are problematic.
If some of us don’t start waking up to who is causing wars, constantly, neither gender, nor psychological viewpoint, nor color — nor the US $$ — may even matter. I think the critical issue MORE Americans need to understand is that, the issue IS Money. OUr public education system doesn’t, naturally, tell us even a good definition of what money IS. Or Income, or Wealth. Believe me, the people who designed these institutions have a GOOD concept of what those terms mean. The rest of “us” need to better understand what they are, as technology increases the speed of information and with it, change.
In answer to your question on the quote (say WHAAT??), No I do NOT really know who the above people or publications are, except The Road To Serfdom is as interesting as the Raw Milk Wars for what it has to say about the times I live in TODAY. For example, after enough alive years, one knows whether one is on this road or not, and whether a change of direction is indicated. Which, I wish to inform us, it IS.
For example, I resent an administration’s (CLEAR) intent to homogenize ME, or more specifically, MY — and His -CHILDREN — into the word “fatherless” and then load the word “fatherless” with only a negative value.
When someone was booted out of the family home (but NOT the kids life), their lives were on the road to being VIOLENCE-less, at least “domestic” VIOLENCE-less, not FATHER-less. This was vital because they HAD been on the road (along with me, and probably him too, though one never knows with narcissists and other overentitled or (fill in the blank) people) to becoming LIFE-less.
Their father at this point became, it’s true, “NON-CUSTODIAL,” but when you are married and cohabiting custody is a non-issue unless you are experiencing false imprisonment in the process, which I was at times, with varying degrees of drama or lengths of (figurative) leashes.
LIFE, LIBERTY and PURSUIT OF HAPPINESS. There IS a descending order of priority in the list, you know. Some people will say a person who died is free from pain, but I’d prefer to continue tolerating a tolerable amount of pain (life has it, right)? while still breathing
So, whether it’s “homo-phobic” or “homogenized,” I care less than what changing language is contributing to people becoming “home-less.”
Or what’s possibly worse, “Thought-less.” Thinking is work and takes practice.
Note: Thinking (writing) and formatting on-line are mutually exclusive activities, at least for me. I’ve erred in favor of the former, and given up on the Quote function on this blog. Try and figure out who’s talking or (for comparison)
Homogenizing America was never a good idea
I come from a generation old enough to remember ITS generation wanting to blend in and forget their ancestry, i.e., I’m half recent immigrant. The other half (by the way) was all-farmer.
Homogenizing and Pasteurizing Milk has become commonplace, in fact the dairy industry is a hot topic (including its subsidies, and pushing MILK through the public schools, even though it may have adverse effects on some ethnicities.
How do I know that? There was a time when our kids were little I couldn’t always afford milk, and couldn’t breastfeed. I wasn’t enamored of “Enfamil” (i.e., putting corn syrup into an infant), its price OR contents, and so asked around and read around.
Right now, Raw Milk has almost been outlawed as potentially “dangerous.” Yet Raw Milk doesn’t have its enzymes boiled out, and when it was standard, the choice was either clean up the dairies, or boil the crap out. Guess which one became standardized.
TODAY’s POST is ONLY going to deal with the Homogenized vs Raw analogy. As usual, it gets pretty interesting, and the teacher part of me just had to share the details. I expect i may get up to 3 or 4 articles on this topic on-line. But keep in mind, I have not forgotten what this blog is about. I just approach it from a few different landing zones for a 3D picture of the issues.
So this post is just some tools for comparison, and hopefully illuminating.
Related, but not about milk:
I have actually waded through some verbiage (cow/farm muck analogy intended) in some of the fatherhood propaganda that DID make “testimony” submissions on time for H.R. 2979. Prior to that, a while back, I labored, painfully and in small print, through a New York site (which I since lost the link to) multi-page VERY fine-print explanation of how helpful the court-ordered, mandatory (etc.) parenting plans were, and what great strides they were making to improving the state’s parenting. I even went through the footnotes. I noticed, apart from everyone footnoting each other, that when they ran out of ideas, they simply began repeating them. MOreover, half the footnotes were themselves “Ibid”s. To conceal how often the SAME source was cited, occasionaly another source would be sprinkled in, after which a bunch more “Ibids.”
I came to the conclusion that the process of “evaluating” and reporting on it was something similar to patchwork quilting, verbally stitching together a whole lot of used fabric into certain motifs in a communal setting – only with less skill and artistry. The communal setting part, though seemed to apply (i.e. social scientists speak each other’s language and resonate to the same rhythm. That’s fine, if it’s not the ONLY one around. The chief feature being, monotony.
Monotony is important if you are trying to run a drill team. It has its place — LIMITED.
The other conclusion I came to, wading through the footnotes on why parenting plans through the court were a great idea, was that I should’ve been paid at least minimum wage for the effort, and wondering what the authors were getting for the same effort of spouting it off, with footnotes. If outlined, the ideas (absent references, which seemed to lend them some authority), condensed and examined without the fluff, sounded ridiculous.
I realize my posts can get monotonous in tone too, but hopefully the interesting links and anecdotes may compensate, particularly today’s. If you don’t like them, go back to a TV (if your culture or house has one) and turn on TMZ (paparazzi headquarters..)
War on Drugs, Terror, Violence, Poverty?
On the Family? On Democracy?
No, it’s the Raw Milk Wars: (Guns ARE involved)
RAW MILK WARS – (1)
This one is in DailyFinance, and eventually involves a sheriff’s office, which should tell you that it’s possible to have a war over almost ANY concept. The article takes us back to 1977, so it at least covers the timespan in which the Family Law system (feminism/fatherhood) have come into fruition.
Note the religious war and (battle cry of ) Saving the Children references that start the article!
Wherever the battle cry runs to religious topics, dressed up with saving someone vulnerable, we will quickly see that it’s basically about the profit motive, if not plain old greed dressed up in altruism.
I happen to think that the profit motive isn’t bad, of itself; in fact remove it, and the incentive to work with diligence and intelligence (which are “healthy attitudes”) diminishes. It’s in the best interest of all of us for ALL of us to play a role in restricting the influence of greed, though.
In the holy war over raw milk, the lives of our children are at stake, or so the faithful on either side of the battlefield assert. And, if you had been at the Rawesome food buying club on June 30, [2010] when Los Angeles police officers, agents from the Federal Bureau of Investigations, Food & Drug Administration {{that’s, L.A, the FBI, and the FDA in case you weren’t awake}} and at least one Canadian agency** knocked on the door, guns drawn, you might believe the war was more literal than figurative. As one Rawesome member said, “Why do you need guns?” when the enemy is, as far as anyone can tell, millions of microbes too small for the human eye to see, and surely, for the man-made bullet to destroy.
**RAW MILK WARS – (2) below is from Canada [by way of Germany] and should not be missed. It’s unclear who ticked off which country first, but clearly these are related. Keep the cursor on the scroll button and don’t miss the Canadian version, which REALLY makes you go “huh? — what’s wrong with THAT”?
The FDA has long banned interstate sales of raw milk, and many states restrict or prohibit the sale of raw milk entirely. Raw milk drinkers and would-be sellers, who had previously purchased raw dairy products through legal loopholes began fighting back in early 2010, filing suit against the FDA claiming that banning interstate sales is unconstitutional. The FDA responded in late April, insisting that “plaintiffs do not have a fundamental right to obtain any food they wish.” The case is now pending while the crackdowns continue.
What’s wrong with Raw Milk, you might ask? Isn’t it Healthy?
Aren’t Pasteurized Milk Practitioners utilizing the most recent, evidence-based science?
The Raw Milk Debate
Raw milk is milk that has not been heated to at least 145 degrees, a temperature sufficient to kill the living things present in all mammals’ milk. These enzymes and bacteria have been shown to strengthen the immune system, develop healthy bacteria in the intestines and reduce the chances of everything from respiratory disease to obesity. Anything that yogurt manufacturers say about the “good” bacteria in yogurt is also true of raw milk.
Pasteurization, on the other hand, destroys both the good and the bad bacteria (like E. coli); it, along with homogenization (a process in which the fat globules in cream are broken to such a small size that they remain suspended evenly in the milk), allows milk to be transported over great distances and have a much longer shelf life. The widespread use of pasteurization and homogenization meant that dairies no longer needed to deal directly with consumers, as in the days of the milkman delivering glass bottles to your doorstep.Meaning, a middleman was going to be involved, which might logically (without outside help) affect the prices.
As the FDA sees it, the most important benefit of pasteurization is the virtual elimination of the dangers of bacterial infections. It was a huge concern in the late nineteenth century, as dairies moved closer to cities to provide nourishment for the newly industrial and urban population. But the concentrated quarters of the cows and a change in diet caused disease to start spreading. Pasteurization, say scientists, greatly reduced its spread.The FDA officially banned interstate sales of raw milk in 1987, but it wasn’t until 2006 that the so-called “crackdown” began.
As with domestic violence, kidnapping, child-trafficking, other crimes, it is the INTERSTATE nature of it that allows the Federal Level to get involved (i.e., jurisdiction). FEDERAL Bureau of Investigation, and the Food and Drug Administration is FEDERAL in nature.
Agricultural departments in several states, with the help of the FDA, started to stage raids of small dairies and buying clubs that were “replete with undercover agents, sting operations, surprise raids, questionable test-lab results, mysterious illnesses, propaganda blitzes, and grand jury investigations,” writes journalist David Gumpert, who has followed the raw milk war and written a book on the topic.
Here’s more indicators it might be HEALTHY not to kill off those enzymes…
A Movement Takes Shape
As early as the 1970s, proponents of healthy eating and sick people in search of cures began to consume raw milk as a health-giving tonic. At the time, Dr. Aajonus Vonderplanitz (along with cookbook author Sally Fallon) came to the conclusion that drinking raw milk from cows who are raised on a ruminant’s diet — grass, and clover, and not much else — and treated well could be the basis for the most nutritious possible diet — and a movement was born.
Vonderplanitz says he has been “fighting” the government’s efforts against raw milk since 1977. He started an organization known as the Right To Choose Healthy Food, where he’s taught raw foodists {{i.e., what Adam and Eve used to be?… [ : )]}} how they can sidestep the rules governing commerce, and especially interstate commerce, by organizing into private clubs and leasing animals.
Vonderplanitz’s organization also runs the Rawesome Club in Venice, California, and has chapters throughout the U.S. and “a few” in Canada.. . .
Vonderplanitz continued to “just not collaborate and get along” with the government on telling Raw Foodists what they can and can’t eat. No national coalitions to cooperate grants for him (I refer to NCADV, and statewide domestic violence coalitions taking money, though lots less, from the same HHS agency that funds fatherhood grants– another topic, for another day).
When certain groups just won’t “see the light” of their civil rights not existing, there is always force. Clearly this was a major threat to the populace, because here come the Guns:
Guns and Dairy
Shortly after Rawesome opened on June 30, nearly a dozen officers of the LAPD (with guns drawn), a senior investigator for the L.A. City District Attorney; a L.A. Environmental Health Specialist for the Environmental Health Food and Milk Program Food Inspection Bureau; an investigator for the U.S. FDA, Los Angeles District; a consumer safety officer for the USFDA Import Operations Branch Los Angeles District; and a supervising special investigator for the California State Animal Health and Food Safety Services of California Department of Food and Agriculture; and two other individuals without business cards who identified themselves as being with, respectively, the FBI and the Canada department of agriculture loudly knocked on the door, Rawesome members say. The officers searched the premises and seized 17 large coolers of milk and other dairy products.
The search warrant claims that the property “was used as the means of committing a felony.” The only items listed on the search warrant were dairy products. On the same day, a farmer who provides raw goat milk to Rawesome members was also raided by about 20 government agents. Her computer was seized; her third computer, that is, two previous computers having been seized, and never returned, in 2008 and 2009.
Besides listing the agencies involved, Sandi Gibbons, the public information officer for the Los Angeles County District Attorney’s Office, would only say that the case was initiated by the California FDA, and that it was “in connection with a continuing criminal investigation involving state and local investigators.”
LET’s TALK ABOUT SOME TERRIFIC ISSUES THAT SEEM TO STEM FROM LOS ANGELES, WHICH MAY REQUIRE A RENAMING — BECAUSE THESE ARE NOT “Angelic” in nature.
WOW. In Googling “Los Angeles County Judges Slush Fund” I had a specific, family-law related issue in mind (the shady origins of the idea of Conciliation Courts, and a group (now international) called “AFCC” which began, some of us think, operating under the L.A. County EIN# — i.e. a private group not paying any taxes and funds being used to help rig cases — until it was exposed later by an audit, some of this detailed under (while we’re on the topic of liquid) “johnnypumphandle.com” site” by a father shocked at what happened in his daughter’s custody battle.
However, when it comes to the City of Angeles, and mis-use of $$, it seems we have a range of issues to choose from. For example, given the crimes against humanity, violence, and all sort of bloodshed in the city,one might think this is a priority. But HERE is an issue of the City trying to quietly dodge a taxpayer group proposing that the $30 MILLION in fees derived from water taxes actually be used for the purpose for which it was collected, and, being alert, caught the Mayor and his City Attorney’s Office trying to transfer the 30 million quietly by filing a suit called — for real! — “Los Angeles v. All Persons” and hoping no one would really notice…
As I read it, . . .
DWP Slush Fund
In Los Angeles vs. All Persons, a tough judge makes Villaraigosa return $30 million
On March 25, L.A. Superior Court Judge Kenneth Freeman handed down a tentative ruling against the city’s practice of skimming 5 percent off the top of Angelenos’ water bills, and slamming city officials for this sleazy move just when City Hall can least afford to give back any ill-gotten funds.
For years, city leaders propped up the general fund with as much as $30 million in revenue derived from an added tax on water used by residents and firms.
So this isn’t about MILK (raw or otherwise) but WATER. Supposedly. Well, $$OMETHING wa$ flowing in the wrong direction in this case, probably why they call it “$lush.”
In 1996, the Howard Jarvis Taxpayers Association crafted state Proposition 218, the Right to Vote on Taxes Act, which Californians approved to make sure that “revenues derived from the fee or charge shall not be used for any purpose other than that for which the fee or charge was imposed.”
Wow. THAT’s a radical concept. And one that relates to the topic of my blog, here..
The City fought this, in the courts, for 10 years. After all, $30 million is a pocketful of funds! HJTA fought back. The WAR was on for taxes to be used for the purpose for which taxes were collected. Good for them. But it WAS a fight. The bureaucrats versus the “businesses and residents.”
Los Angeles city officials began expressly disregarding that law, but the Jarvis group kept losing when it butted heads with the city in appellate courts. That is, until 2006, when California Supreme Court upheld Proposition 218’s requirement that fees paid by the public must provide the related service.
Phew! Now that THAT’s settled, they can get back to REAL crime, like Raw Milk Mongering, and the people & who were being billed extra for their WATER can expect some ROI on their taxes, right?
Wrong. These people are SLICK….:
City Hall wasn’t too keen on the ruling. In 2007, knowing that the practice might be deemed unconstitutional, city attorneys under Rocky Delgadillo tried a slick maneuver: They floated an announcement in the obscure Metropolitan News-Enterprise for three days**, stating that anyone opposed to the 2006-2007 transfer of nearly $30 million from DWP water fees to City Hall coffers — where it was spent on anything Mayor Antonio Villaraigosa and the council wanted to spend it on — had to quickly file as a defendant if they wanted the practice stopped. If no one stood up, the court would enter a default judgment and the transfer of funds would be validated forever
**3 days on accountability for a debated $30 million affecting an entire City.
For comparison, on the OPPOSITE coast, Washington, D.C. House Ways & Means committee, though somewhat more in public, announced for a whole WEEK that a public comment period could be submitted for testimony on the “Hearings on Responsible Fatherhood,” also affecting the expenditure of $$____ million affecting an entire nation, and in cases, and in some cases immediate life and death prospects (i.e., DV issues). What’s with THAT?
Father’s Day, yearly, is sometimes HELL WEEK for noncustodial mothers who’ve lost children to abusive fathers through help from these programs — the majority of us (I’d say) still don’t “get” (or wish to, because it’s disheartening) that those courts are NOT about “justice” but about Ju$t-u$, and the battle is won before the case gets litigated, if it gets there. They are roped into trying to appeal to a judge’s or attorney’s or evalutor’s sense of reason and decency with things like FACTS, and getting frustrated in the process.
I think we all need a healthy dose of antibiotics by understanding how life works, and articles like these give one a general framework into which we can understand at least something of the nature of the opponents and their tactics.
“The [DWP] knew they were vulnerable so they sued the whole city,” essentially suing all residents of Los Angeles, says the association’s president Kris Vosburgh. “They were hoping no one would notice.”
The sly trick failed. The taxpayers’ association jumped in as a defendant in the city’s tellingly titled lawsuit: The City of Los Angeles vs. All Persons.
Two and a half years later, in late March, Judge Freeman whacked the city’s legal arguments, stating bluntly: “The City argues, without authority, that under Home Rule, Proposition 218, a constitutional provision, must give way to its transfer ordinance. However, a charter city’s regulation remains subject to the state and federal constitutions.” Freeman wrote that the movement of huge sums of cash raised by DWP overcharges, then transferred for the use of the City Council and Villaraigosa, was “unconstitutional and void.”
On April 9, the final day to do so, Delgadillo filed a response to the judge’s tentative ruling. Among a long list of reasons why City Hall is still fighting the return of money overpaid by Los Angeles households and businesses was that DWP “has software dating back to the 1970s.” DWP’s chief information officer, Matthew Lampe, estimates $5 million to $8 million is needed just to hire contractors or pay city workers for the months needed to figure out how to pay back the $30 million in overcharges.
DWP argues that it “would have to lease a separate mainframe computer and completely write or modify six computer programs” to return the ill-gotten funds.
Watchdogs argue that there should already be plenty of money available to update computers, as well as power lines and pipes, but Villaraigosa and the City Council use the DWP as an ATM machine. Last year the DWP transferred $175 million to the general fund. It’s going to hurt, badly, to now have to give back $30 million to DWP. For comparison, that’s more than enough dough to fund — entirely, for a year — the city’s Animal Services department, or the entire Planning department or the mayor’s experimental antigang program.
So, can we spell, ‘VESTED INTERESTS’? And, anyone working for this City in the cause of keeping ill-gotten taxpayer funds IS still on salary, most likely, and that salary itself comes from somewhere, most likely including taxpayer funds.
Which explains to me why, if we (whoever the “we” be) are going to clean up the mis-use of taxpayer funds in the FAMILY LAW system, “we” had better figure out a way to sustain ourselves meanwhile, because it looks to be a long, dragged out fight, if not a siege.
The fatherhood concept through HHS and DIVERTING WELFARE FUNDS THROUGH THE OCSE (CHILD SUPPORT ENFORCEMENT AGENCY) TO MARKET THE CONCEPT, PLUS CO-OPTING (BUYING OUT, I.E.) THE DV FIELD (THROUGH FEDERAL GRANTS SYSTEM) THEN to SELL PUBLICATIONS TO PROFESSIONALS AND THE PUBLIC (THEREBY MAKING CAREERS IN THE PROCESS) WAS A BRILLIANT MULTI-LEVEL MARKETING PLAN, ALMOST AS GOOD AS A “SEPARATE BUT EQUAL” DOCTRINE TO HELP KEEP RECENTLY FREED SLAVES IN THEIR GENERAL ECONOMIC STRATA, WITH HELP FROM THE CHURCHES OF COURSE TO JUSTIFY THIS
L.A. JUDGES SLUSH FUND, EXAMPLE #2, exhibit from 1999 –
The TOP part of the article deals with the effect of the slush fund on family court cases. This bottom part relates to, incidentally, for example, the (extortion) habit of forcing plaintiffs to pay lunch & tip for Jury & bailiff (??). Just to get a flavor of the enterprise there:
. . . So while the court in Glendale appears to be keeping the jurors and bailiffs fed in a bizarre act of enforced charity, Los Angeles District Attorney Gil Garcetti has run into trouble with the $13 million he has been withholding from child-support payments under exotic circumstances. Insight’s May report on this resulted in a lawsuit filed by Richard Fine in the name of John Silva of Sylmar, Calif., an aggrieved parent who has paid child support since 1984 that records indicate was never forwarded by Garcetti to Silva’s children. Fine has just won the right of discovery against the district attorney on his way to forcing disbursement of the huge fund. Although Garcetti tried to get the class-action lawsuit dismissed because, as Fine recalls, “he said he was doing the best he could and therefore we didn’t have a right to sue him,” the judge ruled in favor of Fine and the case continues to move forward.
. . . . “We’ve learned from discovery that they have 100,000 files that date as far back as 1984 involving more than $13 million held by Garcetti,” says Fine. “We’ve got to request that the files be matched up — the payer and payee — and then require Garcetti to distribute the money. This is one of the greatest human tragedies I’ve ever handled. People are knocking on his door asking for money owed to them and he’s basically saying forget it. People have lost their homes and gone hungry and he couldn’t care less. This is a prime example of bureaucratic laziness. If we changed the structure and paid the employees of his department based on the number of cases that got paid, I guarantee that all $13 million would get paid out in 30 days.”
. . . . The California Legislature apparently concurs with these sentiments and recently passed a law, to become effective in 2001, removing the collection of child-support monies from Garcetti and all district attorneys throughout the state. Despite these victories the district attorney still is garnisheeing Silva’s paycheck for alleged child-support arrears for which Silva has receipts from Garcetti’s office. Garcetti’s enforcement personnel refuse to acknowledge Silva’s proof that he paid the support and continue to seize money from his payroll check against an alleged $60,000 arrearage.
. . . . Silva’s monthly payments vary depending on his biweekly income. His take-home pay is approximately $1,200, of which Garcetti often will leave him with $200 to care for a family of four. In fact, two weeks after Silva’s story ran in Insight , Garcetti took all but one dollar of his $1,200 paycheck. Silva didn’t bother to cash the check and soon will file a lawsuit against Garcetti.
. . . . Fine understands what’s happening to the man responsible for the class-action lawsuit that is seeking to stop these practices. “This appears,” he says, “to be retribution. They continue to mess with John because they’re trying to get back at him for filing the suit.”
Copyright © 1999 News World Communications, Inc.
This account is so convoluted — and I’ve actually STUDIED it before- the effort to follow it , the word “labyrinthe comes to mind. I recommend an ATTEMPT to comprehend it. At the bottom, it notes Richard Fine has had some progress, and it talks child support garnishments, and the D.A.’s failure to get the garnished payments TO the recipient, meanwhile a family of four is living on $200 out of a paycheck of $1,200.
For an update on that case, last I heard, Richard Fine wasn’t looked on too kindly in those circles, and had been put in “coercive solitary confinement” (he’s an elderly gentleman) and there is a FREE RICHARD FINE movement. The failed child support collections through the DA’s office has been transferred to a statewide agency, which is just as imprenetrable and unfair as ever (trust me, they’re a factor in most custody cases) and THEIR funds are being diverted to fatherhood type of initiatives, we believe. Which I can document, and which I think makes a good case for BOYCOTTING CHILD SUPPORT ENTIRELY, EVEN IF YOU NEED IT! Keep the system out of your life, especially you’re a parent with kids, because that status can be changed quicker than the support collected from an unwilling contributor, and your kids may get YOUR wages, but you probably won’t see them.
BACK TO MILK! THIS TIME IN CANADA:
RAW MILK WARS – (2)
Here’s another Raw Milk Story that we should read, because (though in Canada) it shows you WHY, unrestrained, governments innately WILL want to get things “organized” and monopolize production, restrict initiative, and in general stamp out the competition. THIS version is about a highly qualified German family that came to Canada in 1983, were successful, after which the war began. It also contains the reference to that “pus” which comes when you stress out a cow. The stressed out, overproducing, high-protein fed, work, work work (i.e., make milk) cow has a lifespan of 42 months, it says. Theirs (this family’s) lived about 12 years, because they were allowed to dry out part of each year. Gee, sounds like a principle I read of in an old book, it’s called the Sabbath, both weekly and every 7 years, and farmers should know about it, too. Yep, this one has many analogies to the current topic, I mean, of LetsGetHonest – SOME government policies really stress us out, even if it’s “for our own good” or (since mothers no longer are a vocabulary word in some circles), “for the Well-being of Families.”
The Incredible Story of Michael and Dorothea Schmidt and Real Milk in Canada
by Sally Fallon
[I picked this one because the trouble dates back to 1994, and seems to have been a direct result of their success, via good management and prior experience, training, and in general love for what they were doing. Self-motivation & good management is generally going to threaten governments, who need dysfunction and psychological immaturity in order to justify their expansion, like budgets, beyond the original blueprint justifying their existence.
I cannot force anyone to read this, any more than I can force them to read Andrea Dworkin, Susan Faludi, or actually plow through some of the documentation justifying homogenizing a nation into “Fatherful and Fatherless,” the former being the scapegoat and the latter being the desired state of all children, regardless of where Mama went, or what Papa did to her causing her to go in front of the fatherful children.
But I hope you will. Some things never change, and this type of behavior will seem like “otherwordly” unless you have experienced a variety of it in some other field, like civil rights regardless of gender or marital status.
This expatriate Caucasian/German couple’s “crime” was their success. They were in the “Jim Crow” era of the dairy world in Canada, I suppose.
The owners are Michael and Dorothea Schmidt who purchased Glencolton when they came to Canada from Germany in 1983. Michael Schmidt is an innovator and an activist. He grew up in the Waldorf education system and has a master’s degree in farming. His entire practical training took place on certified organic farms in Germany.
{{I heard that “homeschooling” is illegal now in Germany. In the U.S., some parents who can’t homeschool opt for Waldorf instead, at least as a little less traditional.}}
In 1978 Schmidt started a biodynamic organic dairy farm in southern Germany. This farm became the first certified organic farm with cheese processing facilities and today cheese from this farm is distributed throughout Germany. Three years later, Schmidt helped establish the first biodynamic organic farm in Egypt, supplying breeding stock for dairy cows. Today this Egyptian experiment is a flourishing research center and community farm. In recent years he has helped train Russian farmers in the principles of biodynamic farming and has participated in a research project in China.
Documented success in Germany, Egypt, Russia, and maybe even China. Surely Canada would be open to the idea…
Once in Canada, Michael introduced spelt to North America and participated in joint research projects with Guelph University, offering the farm for annual farm tours for the students from Guelph. He founded OntarBio Organic Farm Products, Inc. and Saugeen Highland meats to market certified organic meat in Canada. He also developed an export market in Europe for about thirty organic farms in Ontario. With the support of the government, he launched the first North American organic baby cereal, SUMMA, with distribution in Canada and the United States. OntarBio was later transformed into a farmers’ cooperative with over eighty members. In 1989, Schmidt helped introduce roadside grazing using 500 to 1000 sheep, for landscaping and to avoid spraying for weeds.
Healthy, Self-sufficient Farms and Cows
A COW FOR ALL SEASONS
The Schmidts’ first cows at Glencolton were black and white Holsteins, the “official” cow of Canada, the breed that produces the most milk and the highest profits in a confinement dairy system. But the Schmidts soon became interested in the Canadienne breed. Descended from the Normandie cow, the Canadienne was the first cow on the North American continent. It is a small cow that can withstand the cold Canadian winters. Her milk is very rich-high in butterfat, lactose and milk solids-making it an ideal milk for cheese.
He sounds like an all-round helpful, intelligent, businesslike kinda guy….even working with some government help, too, and prospering. In some countries, acceptable. But in North AMERICA clearly this spells Trouble, which brings us to the Homogenizing (and Pasteurizing) of Individual Initiatives in FAVOR of Government Regulated Centralized Planning, because the powers that be love us, obviously (take that on faith, if not exactly to the bank…):
Survival of the Fittest
(a.k.a. Worst, Meanest, Dumbest, Most Dishonest,) Institutional Structures to Protect us,
a.k.a.
“Why Well-run, Healthy, Self-sustaining Farms and Cows
must be declared a Public Health Hazard, Tarred, Feathered, and Put out of business
(and how this is done)”
NOW, A little biology/banking lessons on cows — bear with me, I’m going to milk the topic for all it’s worth, because it seems clear to me that the desired (US) national landscape is a populace so immature they will constantly be sucking off the government teat, while being taught that their real problem is not enough real men around, which will be fixed by declaring the crisis, scapegoating (alternately, patronizing) the breeders (i.e., female-headed households, “multiple-partner fertility” and poor, particularly black, women on welfare) and trying (thereby) to breed ENTERPRISE out of the country. I call THIS a war on the general populace’s pocketbooks. See, my POV (Point of View) is different. I’m a Mom, although acting on it has become illegal in this country.
Michael’s search for pure breeds sent him to Quebec. The Canadienne is the poor man’s cow. In the early 1900s, government policy forbade grants to farmers who had Canadiennes and no bank would give loans for any breed except Holsteins. Banks love the Holstein, explains Schmidt, because she is expensive to maintain-leading to more bank loans, more debt for the farmer, more worry and more and more emphasis on squeezing the highest level of production out of the original investment. The Canadienne, by contrast, can survive on hay. She has low production but is inexpensive to maintain. In 1987, the Schmidts purchased 12 purebred Canadiennes from a Quebec farmer. Since that time their herd has been closed. They have bred the Canadienne genetics into their original Holsteins, using several Canadienne bulls.
When Michael Schmidt talks about what’s wrong with modern milk production, he begins with a reverent description of the cow. The undomesticated cow produces 1000 to 1500 liters of milk per year. When the cow was domesticated, this amount was increased to about 4000 liters-a number that works out to about 1000 gallons per year-with good nutrition and careful handling.
The cow has four teats which tradition distributes as follows: one for the calf, one for the other animals on the farm, one for the family that lives on the farm and one for families that live in the towns or cities. The output of the cow can be increased to 6000 or even 7000 liters per year without undue stress on the cow and this is as it should be since so many people now live in cities. You can’t keep a cow in a high-rise apartment. Michael Schmidt’s cows are not pushed, however. They give about 4000 liters per year, although the amount varies according to the milker. Europeans hired milkmaids who had lovely singing voices, to coax more milk from the cows and Michael notices that the Glencolton cows give more milk when it’s Dorothea’s turn to do the milking.
But the coaxing songs of the milkmaid cannot compete with modern methods for increasing production. The modern cow, bred for volume and kept in confinement, gives anywhere from 12,000 to 24,000 liters per year. Milk production is pushed upwards with a high protein diet, a diet to which the udder responds with the production of pus. The average life span of the modern factory cow has declined to about 42 months. In fact, she is only bred once, then milked for as long as 600 days. After that, she is shipped off to the butcher. By contrast, the cows at Glencolton Farms are allowed to go dry during the winter and live in excess of 12 years.
I live in California, and from time to time drive by these huge containment lots, where cows are in the open and crowded together by what looks like the thousands, without room to maneuver. You can smell it from far away. One wonders what kind of hormones of stress, if not injected or fed, must be in their bodies, like that. This is compensated for by ads for “Happy Cows” from California, and out of state cows (personified) vying to get here. So what doesn’t go into production, probably DOES go into advertising at least.
Then there is the question of the number of cows in a herd. Currently the Schmidts keep about 30 milking cows in their barn. Confinement operations range from 1000 to as many as 10,000 cows in one location. The high density of a single species makes disease more likely and antibiotics routine. By contrast, the Glencolton cows have had no warble fly for over ten years. Schmidts vet bill for the year 2000 was $500.
Schmidt’s cows feed on lush green pasture from late May to early November. During the winter they receive hay from his own pastures and a supplement of weeds, sticks and herbs, finely ground and all from the farm. He purchases no grain, no feed at all from outside the farm. The modern confinement dairy cow gets all her food shipped in. At best her diet consists of hay and corn; at worst it contains foodstuffs totally unsuited to the cow-bakery waste, soy meal, chicken manure and citrus peel cake loaded with organophosphate pesticides.
There are no old tires on the Schmidts’ farm because Michael does not make silage. Silage is fermented green crop or hay, usually produced in plastic-covered piles, held down by old tires. It’s a well-known fact in Germany, explains Michael, that you can’t make good hard cheese from cows that have been fed silage. In fact, in some districts, such as Emmenthal, silos are forbidden.
The Schmidts’ cows receive water twice a day, at milking time. There are no troughs in the field and none in the main barn-only in the milking parlor. By restricting water, the cow is encouraged to produce more saliva. A cow can produce 30 gallons of saliva per day, and this elixir is the magic substance that breaks down cellulose in grass, twigs and branches.
Good food, high saliva production and small herd size make for superbly healthy cows. The proof, says Michael, is in the manure, which he picks up off the barn floor and shows proudly to visitors. The manure seems to be contained in a silica coating-it is firm and sweet smelling. It also makes wonderful compost.
Obviously this talented couple didn’t really know “what the _ _ C K“ they were doing as to farms, cows, or grains, and were a hazard to the wider community as will develop later . . . .
THE BIODYNAMIC FARM
Michael and Dorothea’s farm is a biodynamic farm. They follow the guidelines left by the Austrian philosopher Rudolf Steiner who described the farm as a living organism, its vitality created by the effective use of the enlivening forces of sunlight and the symbiosis of the organisms that populate the farm. The basis of biodynamic farming is composted manure and straw, swept out of the stalls at milking time, allowed to break down, then spread on the fields.
ENTER TROUBLE, A DIRECT CONSEQUENCE OF SUCCESS. IN AN OPEN MARKET SITUATION, THE PRICES AND CONSUMER WANTS WOULD DICTATE WHICH TYPE OF MILK, COW, AND FARM PREVAILS.
BUT IN CENTRALIZED, PLANNED ECONOMIES, COMPETITION CANNOT BE TOLERATED. SOMEONE HAS TO GO. LAWS OR NO LAWS, THERE ARE WAYS TO MAKE THIS HAPPEN:
The Milk War began in 1994 after the filming of a Canadian Broadcast Company documentary on Glencolton. “It was our own fault,” says Michael. “We should never have agreed to the publicity.” CBC pre-publicity said that the documentary “would shake the entire dairy industry.”
The first battle in the Milk War came two days before the documentary was to be aired. The Owen SoundHealth Unit raided the farm, seizing $800 worth of dairy products. The products were tested to prove that they were unpasteurized but no test was done to find out whether there were any harmful bacteria present. Charges were laid under the Health Protection and Promotion Act. The Owen Sound Health Unit and the Ontario Milk Marketing Board (OMMB) announced that the Schmidts dairy operation was a health threat, but none of the families drinking this risky product was warned by the Ministry of Health that they were consuming something harmful.
In April at a Toronto farmers’ market, officials of the North York Health Unit conducted a raid, supported by two police cruisers, which proceeded to block Michael Schmidt’ van and prevent his leaving. A two-hour search followed but the officials found no dairy products.
Michael’s jury trial occurred in May of 1994. The government argued that raw milk carried all sorts of hazards. Dr. Murray McQuigge claimed that 22 cases of food-borne disease related to the consumption of raw milk had occurred during the past three years. Even farmers who drank raw milk were cited as hazards because they could be carriers of bacteria. One government witness was an undercover agent who had bought butter and milk and had sent a sample to the lab. The results showed high levels of bacteria, but under cross examination it was revealed that the agent had waited six weeks to send in the sample!
The prosecution trotted out all the arguments against raw milk that had been appearing in the Toronto press. Raw milk had no health benefits, said the experts, but was a source of TB, Salmonella, E. coli, Listeria, Coxiella (which causes Q fever) Streptococci and Staphylococci. Although cases of contamination with VTEC (verotoxic E. coli) have never been linked to consumption of raw milk, that did not prevent health officials from engaging in guilt by association. Officials also cited death of a Peterborough infant who mysteriously died of meningitis in 1984. A panel of medical experts said that the baby caught the bacteria from another baby in the hospital nursery whose mother drank raw milk during her pregnancy!
Many witnesses for the defense presented evidence that raw milk had proven therapeutic for them. They voiced concerns about the indiscriminate use of antibiotics and bovine growth hormones which, although technically illegal in Canada, are smuggled over the border and used in some herds. A number stated that they were lactose intolerant and unable to consume pasteurized milk. Dr. Ken McAlister, a general practitioner, testified that he had never encountered any health problems among hundreds of patients who consumed raw milk He cited a 400-bed hospital in Germany where raw milk was given as a treatment for many serious diseases. The defense noted that 17 American states and all European countries allow the sale of raw milk and raw milk cheese.
Under cross examination Dr. McQuigge, the government’s chief witness, admitted that TB and brucellosis are rare in dairy herds now and that Salmonella is more likely a cause of contamination in meat or eggs than milk. Meningitis has often been traced to contaminated water supply, as was typhoid and other bacterial diseases. Schmidt’s lawyers forced the health department to retreat to the lame argument that “flying birds over the fields might drop E. coli and contaminate the milk.”
The presiding judge said that the verdict would take four weeks but it actually took four months. During this period, the Schmidts continued to provide raw milk. But in August, 1994, the day before the verdict, Michael came out of his barn to the sight of police cruisers. At the behest of one humorless inspector, the police confiscated milk, butter and cheese. Michael convinced them to dump it rather than take it away so at least the pigs would profit.
After the verdict, in which the Schmidts raw milk was found to be a health hazard, there was a civil trial that charged the Schmidts with seven counts, ranging from mislabeling to resistance to the direction of a health officer.
During this period, other damage occurred on the farm, damage that could not be directly laid to health authorities. Milking machines were destroyed and two cows were found dead. The building that housed the cheese equipment was broken into four times. The Ontario Provincial Police (OPP) investigated with no results. All they could do was warn the Schmidts not to let their daughters walk to school and to “be careful.”
There was one more official raid in which the Owen Sound Health Unit attempted to remove butter from the Schmidts private cooler. A heated exchange between the authorities and Michael ensued. The authorities left without the butter but the Schmidts were punished for defending their own food against confiscation with more charges.
Who’s monitoring the Stop VAW Grant recipients? (Oregon)
Anne Caroline Drake website, with characteristic pointed questions and pulling facts together, asks about:
Oregon’s new “Domestic Violence Czar,”
Erin S. Greenwald
And whether cleaning up the DV IN-house will be on the agenda, as shutting up women trying to leave DV if they are NOT on the government payroll, or federal dole.
(This is just an excerpt — her site has photos & details.)
Will Greenawald Clean Up the Mess?
Ms. Greenawald is being paid $97,008 under a federally-funded Stop Violence Against Women Act Grant:
Greenawald will be responsible for developing training materials, best-practice policies and other publications to improve the identification, investigation and prosecution of domestic violence, sexual assault and stalking.
Given the fact that a high percentage of recent dometic violence in Oregon were committed by her peers, I would have hoped her first priority would be to rid the ranks of Oregon’s criminal “justice” system of domestic violence perpetrators.
Kroger must not have done a basic Google search of Ms. Greenawald before he hired her. The first thing I found was a very disturbing YouTube video. I had read about the case featured in the video earlier today in a comment by PearlWhitcomb to a story in the Oregonian about Ms. Greenawald’s appointment:
My next post shows more on the studying fatherhood grants, just a tiny sampler I think we should know about, involving Cornell University…
Whether Fatherhood or Violence Against Women Acts,
WHO IS MONITORING THE GRANTS RECIPIENTS?
Again, “GUIDESTAR.org” is a good start. Start LOOKING at some of the 990s, and then asking, how long are we going to fund “studies” before some actually practice (like stopping it!) gets into place.
The scam, my friends, is that the US population (certain sectors of it, male and female) ARE the study. I know that wasn’t Anne Caroline Drake’s point, above, but it’s mine.
What kind of characters are attracted to these positions?
And isn’t DV about simply abusive inordinant control and out-of-control-dictatorship behavior by the abuser?
So then what is the word “CZAR” doing in there? I mean, think about the connotations.
Think also about the connotations that you can “domesticate” “violence.”
Animals are domesticated, like cats & dogs, and cattle. What is this person going to “rule” over — domestic violence itself?
At what point does language become meaningless, and how many years past that point are we, in these matters?
Uninformed Consent — medical/legal parallels
In the last post, I mentioned that it’s perhaps time we stopped presenting ourselves or our children to become the stuff of behavioral modification research, and our problems to fund other’s professions, which prolong the problems. Among other things.
(1)
Particularly in the field of Psychology.
Did you read that article yet?:
What Is Psychology?Psychology has as its aim the understanding of human behavior, and as a secondary goal, the treatment of behaviors deemed abnormal. Almost immediately upon the formation of the field, efforts were made to place psychological studies on a scientific basis. Early psychological studies were conducted by Wilhelm Wundt at the University of Leipzig, Germany. One of his students, G. Stanley Hall, then went on to establish the first American psychological laboratory at Johns Hopkins University.
Hmmm. Wasn’t JOHNS HOPKINS? referred to on yesterday’s posts, about “Ten Key Findings on Responsible Fatherhood?” (Or whatever variation of studying the practice of “fatherhood” that particular, grants-funded report was on…)
The Urban Institute scholar moved over to Johns Hopkins School of Social Policy and continued collaborating and reporting on how poor folk respond to interventions….
This is social engineering, for sure, just as surely at the CFFPP

![]()
(or is it The mission of the Center on Fathers, Families, and Public Policy?
(just a little verbal confusion there — is it about Family? Or Fathers? Or does the “family” consist of fathers and children only? Do mothers get a mention?)
Either way, it’s to transform society:
(CFFPP) is to help create a society in which low-income parents – mothers as well as fathers – are in a position to support their children emotionally, financially, and physically.
BACK TO IS PSYCHOLOGY A SCIENCE? and its uncomfortable German connection….
Then, in 1900, Sigmund Freud introduced psychoanalytical theory in his book “The Interpretation of Dreams.” This was the first ultimately large-scale effort to apply psychological knowledge to the problem of treatment or therapy.
Human psychology and the related fields of psychoanalysis and psychotherapy achieved their greatest acceptance and popularity in the 1950s, at which time they were publicly perceived as sciences. But this was never true, and it is not true today – human psychology has never risen to the status of a science, for several reasons:
Ethical considerations.
If you want to study the behavior of rats or pigeons, there are no significant ethical limitations – you can kill them, you can cut them up, you can dress them out in EEG probes while they play violent video games, no one will complain. They are expendable, they are animals.
But as to the study of human beings, there are severe limitations on what kinds of studies are permitted. As an example, if you want to know whether removing specific brain tissue results in specific behavioral changes, you cannot perform the study on humans. You have to perform it on animals and try to extrapolate the result to humans.
One of the common work-arounds to this ethical problem is to perform what are called “retrospective studies,” studies that try to draw conclusions from past events rather than setting up a formal laboratory experiment with strict experimental protocols and a control group. If you simply gather information about people who have had a certain kind of past experience, you are freed from the ethical constraint that prevents you from exposing experimental subjects to that experience in the present.
But, because of intrinsic problems, retrospective studies produce very poor evidence and science. For example, a hypothetical retrospective study meant to discover whether vitamin X makes people more intelligent may only “discover” that the people who took the vitamin were those intelligent enough to take it in the first place. In general, retrospective studies cannot reliably distinguish between causes and effects, and any conclusions drawn from them are suspect.
Think about this for a moment. In order for human psychology to be placed on a scientific footing, it would have to conduct strictly controlled experiments on humans, in some cases denying treatments or nutritional elements deemed essential to health (in order to have a control group), and the researchers would not be able to tell the subjects whether or not they were receiving proper care (in order not to bias the result). This is obviously unethical behavior, and it is a key reason why human psychology is not a science.
. . .
This raises another ethical issue, that of informed consent. Has the client been properly informed as to the nature of the procedures — will the sessions consist of research, diagnosis, therapy, or some mixture? But there is no remedy for this problem, because the clinician can’t tell the client what is going to happen, because he doesn’t know, and he is certainly not going to resist publishing any interesting, unforeseen results as research findings.
Overall lax standards.
The items listed above inevitably create an atmosphere in which absolutely anything goes (at least temporarily), judgments about efficacy are utterly subjective, and as a result, the field of psychology perpetually splinters into cults and fads (examples below). “Studies” are regularly published that would never pass muster with a self-respecting peer review committee from some less soft branch of science.
(2)
RE: HARVESTING A POOR, LONG-DECEASED BLACK WOMAN”S CELLS, and blood from her relatives, and PROFITING FROM IT:
In a far earlier post, I’d put up “A Woman’s Undying Gift to Science” about how cells were harvested and used for research: Henrietta Lack:
Books of The TimesPublished: February 2, 2010
(review) by Dwight Garner.
The woman who provides this book its title, Henrietta Lacks, was a poor and largely illiterate Virginia tobacco farmer, the great-great-granddaughter of slaves. Born in 1920, she died from an aggressive cervical cancer at 31, leaving behind five children. No obituaries of Mrs. Lacks appeared in newspapers. She was buried in an unmarked grave.
To scientists, however, Henrietta Lacks almost immediately became known simply as HeLa (pronounced hee-lah), from the first two letters of her first and last names. Cells from Mrs. Lacks’s cancerous cervix, taken without her knowledge, were the first to grow in culture, becoming “immortal” and changing the face of modern medicine. There are, Ms. Skloot writes, “trillions more of her cells growing in laboratories now than there ever were in her body.” Laid end to end, the world’s HeLa cells would today wrap around the earth three times.
Because HeLa cells reproduced with what the author calls a “mythological intensity,” they could be used in test after test. “They helped with some of the most important advances in medicine: the polio vaccine, chemotherapy, cloning, gene mapping, in vitro fertilization,” Ms. Skloot writes. HeLa cells were used to learn how nuclear bombs affect humans, and to study herpes, leukemia, Parkinson’s disease and AIDS. They were sent up in the first space missions, to see what becomes of human cells in zero gravity.
Bought and sold and shipped around the world for decades, HeLa cells are famous to science students everywhere. But little has been known, until now, about the unwitting donor of these cells. Mrs. Lacks’s own family did not know that her cells had become famous (and that people had grown wealthy from marketing them) until more than two decades after her death, after scientists had begun to take blood from her surviving family members, without their informed consent, in order to better study HeLa.
Ms Skloot, who wrote the book:

Ms. (had she lived at the time “Ms.” was used) Lack & (husband) David:
(3)
U.S. Congresswoman Carolyn B. Maloney, New York to Speak at HERS 2010 Hysterectomy Conference
http://hersfoundation.org/conference.html
Now here’s one on the over-use of Hysterectomy — and upcoming conference (NY) from the HERS FOUNDATION on the inappropriate cutting on women, and taking personal CHUNKS of them out unnecessarily, and without INFORMED CONSENT on the aftereffect and consequences. This has now happened (not this exactly, but the process) in 3 generations of females in my line, myself being the middle one. I can’t speak about any potential others because I don’t know my forebears that well, but I know that one of them was getting whanged on by her husband while attempting to raise children.
I am going to paste the particulars, because a number of parallels between showing up for medical help, and showing up for the courts exist; two of the attorneys showing up here have dealt with that, as in, class actions. Place information is at the link above.
Conference Agenda
Saturday, April 24, 2010
8:30 – 9:30 a.m. Registration 9:00 – 9:10 a.m. Welcome 9:10 – 9:40 a.m. Keynote Speaker
U.S. Congresswoman Carolyn B. Maloney, New York
Chair of House-Senate Joint Economic CommitteeMaloney has been a powerful advocate for women’s rights since before her first election to the House in 1992, dubbed the “Year of the Woman” for the number of females elected to Congress. Closely allied with groups like Emily’s List and the National Organization for Women, she has taken an active role in pushing for passage of virtually every major piece of women’s rights legislation.In 2008, Maloney published “Rumors of Our Progress Have Been Greatly Exaggerated,” a book detailing the ongoing struggle for women on a number of fronts, including equal pay, healthcare and politics.9:40 – 10:00 a.m. The Medicalization of Women
Sybil Shainwald, JD
The Law Offices of Sybil ShainwaldShainwald is dedicated to advocating for safe and effective healthcare for women. She pioneered DES litigation and was co-counsel in Bichler v. Lilly, the nation’s first DES Daughter legal victory in 1979. She proved that DES-exposed individuals had been harmed after the pharmaceutical industry failed to test the safety of DES, and continually promoted the drug even after it was known to be a carcinogen and absolutely ineffective.10:00 – 10:30 a.m. The Female PelvisMitchell Levine, MD
Clinical Instructor
Tufts and Harvard Schools of MedicineWhat the pelvis looks like when the uterus and ovaries are removed, and what fills the empty space. What happens when the blood supply, nerves and ligaments attached to the uterus are severed.10:30 – 10:45 a.m. Break 10:45 – 12:00 p.m. The Voices of ExperienceModerator
Nora W. Coffey
President, HERS FoundationPanel
Jen Bandes
Nicole Choate, RN
Sylvia Gill
Melanie Miller
Tawanda QueenWomen describe what they were told before and after hysterectomy. They discuss the impact of the surgery on every aspect of their lives.12:00 – 1:30 p.m. Lunch 1:30 – 2:00 p.m. Your Vote is Mightier than the Lobbyist’s DollarIndiana Representative Bruce Borders
District 45
Member of Insurance CommitteeThe legislative process, and what you can do to help pass a Hysterectomy Video Informed Consent Law.2:30 – 3:30 p.m. Common Conditions, Treatment Options, and Consequences of HysterectomyMitchell Levine, M.D.
Clinical instructor
Tufts and Harvard Schools of MedicineAlternatives to hysterectomy for common symptoms and conditions, including ovarian cysts, fibroids, endometriosis, hyperplasia, prolapse, HPV, pelvic pain and obstetric hemorrhage.3:30 – 3:50 p.m. Proud Flesh: A Hysterectomy JournalGenevieve Carminati, M.A.
Associate Professor of English
Coordinator, Women’s Studies
Montgomery CollegeReading from the journal she began shortly after she underwent a hysterectomy at the age of 25.3:50 – 4:00 p.m. Break 4:00 – 5:00 p.m. Medical Malpractice: The Legal and Medical IssuesRobert E. Myers, J.D., L.L.M.
Senior Trial Attorney
The law firm of Coffey Kaye Myers and Olleyhttp://www.felaattys.com/protect-your-rights.php(When Injury Strikes)….What constitutes medical malpractice, what to ask a lawyer, and what you should expect from your lawyer. An expert in medical malpractice, Myers will discuss the basic elements for pursuing a claim and establishing damages.
5:00 – 6:00pm Round Table DiscussionSpeakers and AttendeesBruce Borders
Genevieve Carminati
Nora W. Coffey
Mitchell Levine
Carolyn B. Maloney
Robert E. Myers
Sybil Shainwaldh ttp://www.sybilshainwald.com/The primary thrust of Sybil Shainwald’s practice has been, and continues to be, women’s health law. Ms. Shainwald pioneered Diethylstilbestrol (DES) litigation. She was co-counsel in the nation’s first “DES daughter” case, Bichler v. Lilly. Since that time, she has represented thousands of women and men, from around the country and worldwide, who were exposed to DES. She has been given numerous awards for her work, including an award by the DES Cancer Network.Throughout her years of practice, Ms. Shainwald has litigated cases involving drugs and medical devices that have inflicted harm on women and their offspring. She was a member of the national Plaintiff’s Negotiating Committee for the court-appointed Plaintiff’s Steering Committee in the silicone breast implant litigation. She was also named as the Chair for the Foreign Plaintiff’s Subcommittee representing all the interests of foreign women.Not only has Ms. Shainwald been an avid litigator of women’s health issues, but she has been active in numerous women’s health organizations as well. She has also appeared on every major TV network, written, testified and lectured extensively on obstetrical malpractice, IUDs, unnecessary hysterectomies, hormone therapy, and products liability litigation
NOT TO MENTION;
(4)
The Greatest Experiment Ever Performed on Women
Exploding the Estrogen Myth
![]()
Barbara Seaman
Reviewed thus in 2007:
Seaman is a science journalist and cofounder of the National Women’s Health Network. She takes on the drug industry in this book, condemning the common use of hormone replacement therapy, especially estrogen. She has studied women’s health both during fertile years and post menopausal. Physicians prescribe hormone replacement therapy for many women’s health purposes, from birth control to menopausal ailments. Seaman believes that hormone replacement therapy is over prescribed and dangerous. The Greatest Experiment Ever Performed on Women examines how the drugs have been used since their beginnings back in the 1940’s and 1950’s. She talks about the different cancers that the drug has been known to cause and others that the medical field won’t admit but she believes has caused. Seaman gives a good history of female medicine going back hundreds of years to different herbal remedies that have been used for menopause.
Seaman doesn’t call for estrogen and other hormone replacement drugs to be banned, although it’s close in this book. Instead she advocates using them sparingly and at the lowest doses possible. Over the past 50 years the dosages keep lowering as problems start appearing. Yet this is the type of drug that has very long term effects not only on women’s bodies, but the sexuality of both sexes. She scathingly reduces the medical field to a “men’s only” club that pat the little woman on the head, tell her that they know best, and send the female patient out with a medication that could cause death.
I’m not saying that men, too, or girls & boys, are not “experimented” on, improperly, and often for frightenly racist, if not “eugenic” reasons. This is an INSTITUTIONAL issue, as well as an ATTITUDINAL. Some of this is frightening to consider:
As of just about a full year ago (April 19, 2009):
Gov. Charlie Crist has ordered the Florida Department of Law Enforcement to investigate 31 graves near the school. “Please determine whether any crimes were committed and, if possible, the perpetrators of these crimes,’’ Crist wrote.

For their own good: a St. Petersburg Times special report on child abuse at the Florida School for Boys
By Ben Montgomery and Waveney Ann Moore, Times Staff Writers
. . .
They remember walking into the dark little building on the campus of the Florida School for Boys, in bare feet and white pajamas, afraid they’d never walk out.
For 109 years, this is where Florida has sent bad boys. Boys have been sent here for rape or assault, yes, but also for skipping school or smoking cigarettes or running hard from broken homes. Some were tough, some confused and afraid; all were treading through their formative years in the custody of the state. They were as young as 5, as old as 20, and they needed to be reformed.
It was for their own good.
Someone is always needing to be taught a lesson, apparently, if not medicated for failing to comply with social norms.
Using Psychology to discredit normal human reactions to extreme circumstances aint’ exactly new, and sometimes simply approaches, not ‘therapeutic jurisprudence,” but basic namecalling….
OR,
by Phyllis Chesler
Palgrave Macmillan, 2005
Review by Tony O’Brien, M Phil on May 31st 2006Women and Madness is the reissued, revised edition of a book first published at the height of second wave feminism in 1972. The Female Eunuch (Germaine Greer), and Sexual Politics (Kate Millet) were published in 1970. Chesler’s book has a more specific focus than the other two; it is concerned with ‘madness’, or perhaps more correctly the social construction of madness in western patriarchal societies.. . .Women and Madness was written at the time of the DSM II, a diagnostic system that was used to support the sorts of subjective value judgments Chesler rightly complains of. How ironic then, that the use of the more objective criteria of the DSM IV makes little difference to the gendered distribution of mental illness. It will come as no surprise to Chesler to see that despite the influence of political arguments such as those of Women and Madness, change has been limited. Public health literature is depressingly consistent in showing that despite increased knowledge of risk factors, it is still the poor and the oppressed who experience the worst health outcomes. Chesler is under no illusions that the struggle she articulated three decades ago continues.
Women and Madness is a revolutionary book.
NOW —
While He Saids and She Saids still abound, and the hate flows around, the new/old theme is basically that protest – or conflict — or disagreements — are now a “sickness” to be fixed.
Enter the Family Law System, in one of its primary organization’s own words. . . . . With a lot of help from the Fatherhood and Healthy Marriage funders…. We need to FIX people!!! No longer is it “what happened in re: law” but whoever protests the loudest is the bad guy. The pendulum has swung from “irreconciliable differences” (some of them very legitimate) to the 20th/21st century version of “Arbeit Macht Frei,” (although I do NOT mean to diminish the comparision, only refer to the principle of establishing agencies to force reconciliation “for the sake of the kids).
The principle is to look at the “fixers” and the guardians of what is “correct” acceptable social behavior… In this case, it is the social science (with heavy religious overtones in many cases) superstructure of foundations & grants to nonprofits (and “principal investigators” – sounds like an experiment to me, or research, right? On PEOPLE …)
that is driving the court system in the ditch (or, rather has) and made a mockery of its purpose, methods, and end goals, which used to include the concept of “Justice” and a bit of fair play…
Next June (maybe catch it after the HERSFOUNDATION one on informed consent about hysterectomy)
http://www.afccnet.org/conferences/afcc_conferences.asp
CHANGING THE CONCEPT, FIXING MARRIAGES, the JUDGE AS THERAPIST (or Dispensary);
In 1975, Review Editor Meyer Elkin editorialized on the language of family law:
Why do we continue to use the language of criminal law in family law? Is it primarily tradition that causes us to continue to use the old words in family law? Or is it something else? Is it a reflection of the prevailing ambivalence of this society which, on the one hand, tells people that divorce is okay, but by its actions, or lack of it, shows that many still do not accept the idea of divorce in a pair-oriented society? We need to develop new words that will alleviate stress on the divorcing family rather than add to stresses already present….Family law is entering a new period. There is now present an opportunity for introducing new practices and procedures—and words that will represent the combined expertise of both law and the behavioral sciences who, after all, are equally concerned and have similar goals regarding the strengthening of the family. Lets us now start the search for the words.
AFCC members and courts continued to lead the way in developing new services throughout the 1970s. In 1973, the Los Angeles Conciliation Court began a pilot program to mediate custody and visitation disputes. Divorce education workshops for parents began to emerge in several AFCC member courts.
…The dilemma that fathers have in this venue, is that it’s a powerful tool WHEN the cookie crumbles in the right (towards them, if a batterer or abuser, or simply uninterested in that Child Support Thang…) direction. Then the cries are loud and doleful about violation of constitutional rights (particularly among religious groups not particularly friendly to the concept of WOMEN as HUMANs….). It’s a tough choice — play victim? Or go with the flow?
Could you have it much clearer? For sure, it’s a combo of behavioral science AND law.
Let’s see if a site promising women help with protection against violence is actually going to SAY that up front that mediation, for example, is inadvisable when there is domestic violence issue, BUT that to have a “required outcome” of more noncustodial parent time (to get them female-headed households off welfare, and provide nonpaying parents an incentive — not of course, to continue endless litigations til someone ‘breaks,” but to man-up and support their offspring), and moreover, they’re mandatory, too, and funded by a huge ($10 mil/year/nationwide) federally funded program called “Access/Visitation,” and so forth…
It says: “JUSTICE IS NOT SERVED TIL VICTIMS ARE.”
(in a nice logo) and has a nice executive director, with background in — Sociology, and passing the bar in 1997.
She is currently the Executive Director of the Alameda County Family Justice Center, a one-stop service delivery center comprised of multiple public, non-profit, and government agencies with the single mission of providing easily accessible, coordinated, and culturally sensitive services to victims of domestic violence, child abuse, elder abuse and sexual assault and exploitation.
married to
About us
The Alameda County Family Justice Center (ACFJC), under the leadership of Executive Director Nadia Davis-Lockyer, Esq., is a new community initiative launched by more than 50 organizations and 150 people who have joined together to provide comprehensive services required by domestic violence victims and their families.
Cal Watchdog talks about this, some:
Her 2003 marriage to Lockyer –30 years her senior – came as a shock to political watchers statewide. They had, according to an April 19, 2003 Los Angeles Times story, been dating for a year when they got married that spring. In fact, she was already pregnant when they took their wedding vows.
At least one of her supporters believes her age is an advantage. “It’s great to have the participation of a relatively young person who can better understand what students are going through,” John Hanna, a Rancho Santiago Community College District trustee who has worked with Davis-Lockyer on education issues for years, said. “The Board of Governors is typically drawn from an older population that’s not a reflection of the student body.”
Then again, all this may be academic. Stern said he believed that the “doctrine of incompatible offices” would kick in if Davis-Lockyer gets elected to the Alameda County Board of Supervisors, forcing her to give up her Community Colleges Board seat. When asked if this was true, Paige Marlatt Dorr, a spokeswoman for California Community Colleges Chancellor Scott, said her office’s legal advisers weren’t sure and would ask the state Attorney General’s office for a legal opinion should Davis-Lockyer win the election.
A call to the AG’s office asking whether the incompatible offices doctrine was relevant to Davis-Lockyer’s case was also not conclusive. “That question would require legal analysis, which we are not able to provide to the public,” Christine Gasparac, press secretary to Attorney General Jerry Brown, e-mailed on Feb. 2. Gasparac added that I was free to refer to the AG’s 204-page Conflict of Interest pamphlet. Chapter 11, which deals with incompatible offices, seems to indicate that Stern is correct.
“The doctrine of incompatible offices concerns a potential clash of two public offices held by a single official,” states the pamphlet. “When a person holds offices with two governmental entities and there is overlapping geographical and subject matter jurisdiction the offices generally are incompatible.” The pamphlet then lists a dozen examples, the first of which is “county board of supervisors member and community college board member.”
Well, that’s all for today. …
Big Brother (Forget the Sistahs) Throughout the Land…
OK, so this post is long. But do you really want a right-wing Psychologist (or programs he set up after being, ah, er, deciding to resign) running some of the largest federal policies affecting day to day life for many Americans?
http://nafcj.net/fathers_rights_and_judges.htm
Big Brother the MatchMaker:
(and some of the costs… and some of the organizations that got in on the action)…
Here’s the OFFICIAL point of view — from one of my older Blogroll Links:
DO NOT PASS GO unless you can DIGEST & COMPREHEND THIS (and some of its significance)…This is 2006, like, OLD, folks…. And still going strong. This is one administration ago. This is BEFORE we elected a President raised by a single mother. Excuse me, I uttered the “M” word! good gracious me…I mean, by a “father-absent” household —
OFA Healthy Marriage and Promoting Responsible Fatherhood Initiatives
In February 2006, President George W. Bush signed the Deficit Reduction Act of 2005, which reauthorized the Temporary Assistance for Needy Families (TANF) program administered by HHS’ Administration for Children and Families (ACF). The DRA reauthorization also included $150 million to support programs designed to help couples form and sustain healthy marriages. Up to $50 million of this amount may be used for programs designed to encourage responsible fatherhood. In its welfare reform law of 1996, Congress stipulated three of the four purposes of the TANF block grant to states be related to promoting healthy marriages.
“A key component of welfare reform is supporting healthy marriages and responsible fatherhood,” Dr. Horn added. “Approval of these funds will help to achieve welfare reform’s ultimate goal: improving the well-being of children.”
The Healthy Marriage Initiative, administered by ACF, was created in 2002 by President Bush to help couples who have chosen marriage gain greater access to marriage education services, on a voluntary basis, where they can acquire the skills and knowledge necessary to form and sustain a healthy marriage. Funding for responsible fatherhood includes initiatives to help men be more committed, involved and responsible fathers, and the development of a national media campaign to promote responsible fatherhood.
On September 30, 2006, the Office of Family Assistance announced grant awards to 226 organizations to promote healthy marriage and responsible fatherhood as authorized by the Deficit Reduction Act.
“These programs will help couples form and sustain healthy marriages, and equip men to be involved, committed and responsible fathers in the lives of their children,” said HHS Assistant Secretary for Children and Families Wade F. Horn, Ph.D.
[[That he was former President & Founder of the National Fatherhood Initiative I suppose was just coincidence…]]
These grants, overseen by ACF’s Office of Family Assistance, must have procedures in place to address issues of domestic violence and ensure that program participation is voluntary. Grant funds may be used for the following purposes:
- Competitive research and demonstration projects to test promising approaches to encourage healthy marriages and promote involved, committed and responsible fatherhood;
- Technical assistance to states and tribes;
- Marriage education, marriage skills training, public advertising campaigns, high school education on the value of marriage and marriage mentoring programs; and
- Promoting responsible fatherhood through counseling, mentoring, marriage education, enhancing relationship skills, parenting and activities to foster economic stability.
Every statement and program (including the strange concept that PROGRAMS can, or even SHOULD fix MARRIAGES, which are between individuals…)
WIKIPEDIA ON Dr. Horn, the Psychologist:
Wade F. Horn is an American psychologist who received unanimous confirmation (under President George W. Bush) in 2001 as the Assistant Secretary for Children and Families. Before his resignation on April 1, 2007, he oversaw the function of the Administration For Children and Families, an agency within the United States Department of Health and Human Services. He also served under President George H. W. Bush as Commissioner of Children, Youth, and Families within the Administration For Children and Families.
Horn represents a key advocate for the re-envisioning and re-vising of the Federal Head Start program. A key proponent for family involvement in education, Horn served as president of the National Fatherhood Initiative. Horn is also a strong advocate for “abstinence education.”
He received his Ph.D. in 1981 from Southern Illinois University. He served as an assistant professor of psychology at Michigan State University and was an affiliate scholar at the right-wing think tank, The Hudson Institute.
Secretary Leavitt praised Wade Horn for his leadership, citing his actions to “significantly improved the lives of vulnerable children and strengthened the American family as he led the Administration for Children and Families (ACF) for the past six years.”
He continued, “Under Wade’s leadership, we passed and implemented the next chapter of welfare reform, launched the first-ever healthy marriage and responsible fatherhood grants, began outreach to victims of human trafficking, helped increase the number of adoptions in America, connected children of prisoners with mentors, and created a strong partnership with faith-based organizations.”
About that resignation in 2007:
-
-
From “Media Transparency” (1/31/05)
-
-
If you like the way Wade Horn is doing business with right wing pundits, in the words of Al Jolson, the popular singer of the 1920s, “You aint seen nothing yet!” In late-December 2004, the Washington Times reported that in addition to his hefty responsibilities as the Assistant Secretary for Children and Families in the Administration for Children and Families, at the U.S. Department of Health and Human Services, Horn will now be in charge of drumming up support for, and doling out grants to, abstinence-only sexual education programs.
Recent headlines about Horn’s work have focused on revelations that syndicated newspaper columnists Mike McManus and Maggie Gallagher had joined conservative commentator Armstrong Williams as part of a loose coalition of the shilling: right wing pundits who take government money to support Bush Administration policies.
In early January, USA Today revealed that Williams, a prominent African American radio and television personality, had received $240,000 from the Department of Education – through a contract with the Ketchum public relations firm – for his support for the president’s No Child Left Behind project.
Paid to promote marriage
Wade Horn has been in the marriage promotion business for quite some time. He is a co-founder and former president of the National Fatherhood Initiative which, according to its Web site, made its national debut in March 1994 with Don Eberly – a former White House advisor and civil society scholar who served as Deputy Assistant to the President for the Office of Faith-based and Community Initiatives – serving as President, Horn as Director, and David Blankenhorn as Chairman of the Board of Directors.
-
From Feministing (04/07), “Party On, Wade“
-
-
Horn has indeed been cozy with hardline social conservatives. His achievements include:
- overseeing multi-million-dollar funding increases for abstinence-only education programs and crisis-pregnancy centers
- promoting abstinence-only programs for not just teens, but for adults, too
- running the National Fatherhood Initiative before he became a government employee, and then funding his organization with millions of federal dollars
{{THIS IS A KEY CONCEPT …}}
- shunting federal dollars toward various other religious groups and right-wing organizations he is personally affiliated with, such as Marriage Savers
- deciding that low-income women need a husband more than they need job training, and funding “marriage promotion” programs with welfare dollars
- once arguing that Head Start programs should only admit children of married couples
(See Talk2Action for the complete lowdown.) Horn’s temporary replacement, Daniel Schneider, seems to be ideologically in step with him. At a recent congressional hearing, Democrat Barbara Lee questioned Schneider about why the only federal sex-ed funding goes to abstinence-only programs:
“It seems very unbalanced to me,” Lee told Daniel Schneider, deputy assistant secretary for the Administration for Children and Families, at the March 8 hearing.Schneider said states and local governments provide ample funding for “comprehensive” sex education and that “abstinence education has been ignored in the past, to some extent.”
Yeah. Except for the fact that state and local governments don’t fund comprehensive sex ed, they put their money toward securing federal matching grants, which are strictly for abstinence-only. And I don’t think that pouring millions of federal dollars into abstinence-only programs is “ignoring” them, by any stretch of the imagination.
Before joining ACF in 2006, Schneider was chief of staff for Rep. Jim Ryun (R-Kansas), one of the most conservative members of congress. While there, Schneider got cozy with Prison Fellowship Ministries, but I could find little else about his pre-ACF days.
Horn is clearly confident in Schneider’s ability to carry the right-wing, anti-woman torch. As Horn told Focus on the Family, “The good news is that the people who did the work are still going to be here. The initiatives which have been launched will continue for the rest of the time that this president is in office.”
Wheee! Glad to have Horn out of the way, in the private sector at an accounting firm. But it looks like we’re going to have to wait for a new presidency to see real change at ACF
From The Democratic Underground (05/07, Bill Berkowitz Article. Suggest you finish this one, all of it: “Wade’s Horn of Plenty“
In fact, I’m posting most of it right here:
Sent Friday, May 4, 2007 8:26 am
To xxxx……..com
Subject Berkowitz-Wade’s Horn of plenty:Friends & family get HHS millions
Wade’s Horn of plenty
Former Department of Health and Human services official signs on as a consultant with Deloitte Consulting LLP after questions are raised about federal government grants and abstinence-only sex education programsBill Berkowitz
WorkingForChange
05.04.07It’s difficult to know exactly what Wade Horn was thinking in the days prior to his resignation from the Department of Health and Human Services (HHS): Perhaps he didn’t relish the thought of having to defend his pouring of millions of dollars in taxpayer money into abstinence-only sex education programs that have been thoroughly discredited; perhaps he was worried about being brought in front of a congressional committee and asked to account for some of his other grant-making decisions.Perhaps he was concerned about being subjected to charges of cronyism — involving contracts to organizations he has been closely affiliated with — and/or nepotism — involving subcontracts attained by his wife’s company from organizations that received faith-based money. Perhaps he was thinking that the revelation “shortly before his resignation” that the nearly $1 million he gave to the National Fatherhood Initiative ( NFI ), where he was the president for at least three years until joining the Bush administration in 2001, was only the tip of the iceberg.
Perhaps it was all of the above.
Whatever the reasons, in early April, Wade Horn opted to resign from his post as the Assistant Secretary for Community Initiatives at HHS . During his tenure at HHS Horn was the Bush Administration’s point man for welfare reform, Head Start and abstinence-only education, and as such, he was a veritable faith-based slot machine for religious organizations, some of which he had longtime close relationships.
Despite charges by David Kuo, the former second-in-command at the White House Office on Faith-Based and Community Initiatives who, in his book “Tempting Faith: An Inside Story of Political Seduction” claimed that the Bush Administration short-changed Christian faith-based organizations, Horn was responsible for placing hundreds of millions of dollars in the religious right’s and conservative philanthropy recipients’ collective coffers.
On April 18, a little more than two weeks after his rather unexpected resignation, Horn joined Deloitte Consulting LLP as a director in the organization’s Public Sector practice. According to PR Newswire, Horn “will be a key advisor to health and human services clients of Deloitte Consulting’s state government practice”
Why did Horn suddenly resign?
In two recent postings at Talk to Action, Cynthia Cooper, a playwright and the author of several nonfiction books, carefully tracked some of Horn’s shenanigans. In a post called “Hand That Feeds” (March 3, 2007), Cooper wrote that Horn, who oversaw a budget of $47 billion, was “very kind to Religious Right organizations, including the one that he founded in 1994 with Religious Right money — the National Fatherhood Initiative (website) in Gaithersburg, Maryland.”
According to Cooper, Horn gave “the National Fatherhood Initiative a … ‘ Capacities Building ‘ grant in the amount of $999,534 from a program he started in his agency and called by the familiar-ringing name of the ‘Responsible Fatherhood Initiative.'”
Cooper also pointed out it was Horn who “approved the hiring of columnist Maggie Gallagher” — who also worked for the National Fatherhood Initiative — “to promote marriage”; and “gave money to writer Mike McManus to support marriage promotion, while also giving money to McManus’ organization, Marriage Savers (website) (‘a ministry that equips … local congregations to prepare for lifelong marriages …’).” Horn was also a founding board member of Marriage Savers.
In addition to the NFI grants, in 2006, the organization received a $2.279 million no-bid contract from the Assistant Secretary’s office, investigative reporter Mike Reynolds told Media Transparency. That money, according to OMB Watch, is part of a $12.382 million contract that runs through the year 2011, three years after the end of President Bush’s second term.
Before Horn resigned, Cooper notes that he had been “recently handed additional money to dispense — the $157 million in abstinence-only education. He has a nifty idea that abstinence programs could go beyond students, and become engaging programs for adults, as well.”
After Cooper’s story on Horn appeared in early March, several other commentators added to the conversation. In a posting titled “Blowing the Whistle on Wade Horn”, the revealer asked: “Why is Wade Horn invisible to the press? Is it because the media is part of a vast right-wing conspiracy? Is it because reporters hate women and queers? Not likely. Rather, it has more to do with a decades-long decline in press coverage of the federal government’s middle managers, who oftentimes have more influence over our everyday lives than the boldface names. Such stories don’t sell papers, but they do serve the public interest.”
In her regular column for the National Organization of Women, Kim Gandy, president of NOW wrote “Right Wing ‘Father’land” in which she pointed out that Horn, “Opposing everything NOW stands for (from abortion rights to economic justice), … founded the National Organization of Fathers , and openly stated his belief that ‘the husband is the head of the wife just as Christ is the head of the church.’ He even advocated that federal benefits, such as Head Start and subsidized housing, should only be available to children of married couples, not single parents. So of course the Bush administration put him in charge of all the welfare and public assistance programs that primarily serve those very same single mothers he so detests. And did he find a way to derail the funding away from single moms? You bet he did.”
The National Family Planning and Reproductive Health Association said in a statement that in his position, Horn “administer both the Abstinence Education Grants to States program (Title V) and the Community-Based Abstinence Education (CBAE) program. During Horn’s tenure, the CBAE program saw major funding increases, bringing the current total for federally funded abstinence-only-until-marriage education programs to $176 million per year. Horn also oversaw a dramatic tightening of HHS restrictions on how abstinence-only funds can be used, and promoted an increased emphasis on marriage and faith-based initiatives.”
In her follow-up post after his resignation titled “Wade Leaps” (April 3), Cooper pointed out that there were other troubling things going on during Horn’s reign: “Horn had stonewalled successfully for years. A legal action filed with the HHS Civil Rights division by Legal Momentum, pushed some buttons. It alleged sex discrimination in 34 of 100 programs funded under the ‘Responsible Fatherhood’ initiative, and cited the funding that went directly to Horn’s old program as running as high as $5 million.”
“As Democrats control the House and Senate and Henry Waxman is driving the House Oversight committee, Wade Horn had to know that he and his discredited faith-based abstinence-only programs and their funding were smack in Waxman’s crosshairs,” Mike Reynolds, author of a book on politics, money and the religious right to be published by St Martins Press in 2008, told Media Transparency in an e-mail exchange.
“Given the choice between answering subpoenas and facing the CSPAN cameras like the hapless Attorney General Alberto Gonzales or moving on to a more lucrative position at Deloitte Touche Tohmatsu seems like a no-brainer to me,” Reynolds added. “And it’s no surprise that he landed at Deloitte since his old boss at HHS , Tommy Thompson, heads the Deloitte Center for Health Solutions.”
All in the family
Reynold has also been keeping a sharp eye on Horn’s wife Claudia, who founded and heads Performance Results Inc. (PRI), which according to its website is “an organizational services and support firm specializing in evaluation, evaluation training, and data systems to support evaluations.” PRI has worked as subcontractor for the Institute for Youth Development (IYD) and its sister nonprofit, the Children’s Aids Fund (CAF).
Reynolds pointed out that IYD, which has received millions of dollars from HHS , provides technical assistance and training to abstinence-only groups, crisis pregnancy centers, “healthy marriage” programs and other Bible-based ministries regarding how to receive government grants and how to manage their respective operations.
Claudia Horn also provides ResultsOnline, “a customized, web-based program evaluation system that enables users to design their own program evaluation, create customized surveys, input participant information, and create powerful summary reports.”
In the course of his research, Reynolds found that “according to its GSA filing, PRI’s ‘sales to the general public/state or local government’ for 2005 was $1.1 million, with an additional $250,000 coming from federal contracts. As project director … Horn charges $1,551 per day for training. PRI’s client list posted on their web page includes the Department of Justice, Office of Personnel Management, HUD, the Institute for Youth Development and the National Fatherhood Initiative. …
With IYD and NFI — both so closely entwined with the Assistant Secretary — regularly pulling in millions of federal dollars from his CAF for their ‘faith-based’ outsourcing and then subcontracting to his wife’s company to service those federally-funded programs appears to be far less than six-degrees of separation.”
Claudia Horn is also the co-author, along with Patrick F. Fagan, Ph.D., Calvin W Edwards, Karen M Woods and Collette Caprara of a recent Heritage Foundation Special Report titled “Outcome-Based Evaluation: Faith-Based Social Service Organizations and Stewardship” (March 29, 2007).
The Special Report deals with something the authors call “Outcome-based evaluation (OBE)” which they claim “is a tool … faith-based organizations to define specifically what success means for their programs and then measure the degree to which they achieve those goals. This discipline not only documents effectiveness, but also helps the organizations to refine the work they do and thereby begins a cycle of continuing improvement and greater success.”
-
Last, but not least, from NAFCJ.net:
E-mails from the past implicate father rights leaders in organized case rigging with the HHS program system.
Fathers rights e-mail chatter from 2004-2005 discusses HHS officials “invitation only” meetings to work with them to ensure they received grant money and state agencies were “father-friendly” . Government officials are not supposed to conduct “invitation only” meetings with special interest groups Meanwhile, they have made excuses to mother’s leaders that they can’t meet with them, because that would violate “open meeting” requirements.
Walter B.’s e-mail from February 2005 talks about how Wade Horn, (then HHS-ACF Secretary) used his influence to get more fatherhood grants for them and make state agencies more father friendly. July 2004 message from an anonymous writer described what happened with Dick Woods money and how they got more for their programs and cases. The Aug 2004 is a forward from ACFC head, Stephen Baskerville, which describes how former OCSE {{Translation: Office of Child Support Enforcement — get the connection? Noncustodial fathers pay child support, or supposedly do…Many do, but under the FATHERHOOD (new state religion?) promotion, many are paying less, now that they are getting legal help for custody-switching, child support abatement, etc. activities that SISTAHS just don’t get!!}} head ran a invitation only meeting for fathers rights activists.
FEB 2005 July 2004 AUG 2004More on Fathers Rights local groups:
While they try to appear as independent people united at the grass roots to fight individual injustices – they are in reality cogs in a highly organization national scheme to recruit male litigants into the AFCC-CRC organized litigation racket. The men are used to keep the case litigation as active as possible so each court hearing can be billed to federal HHS-ACF program funds.
As to that last point in red: “The men are used,” it’s true. The real “scam” is simply a transfer of wealth operation, from the hands of WHOEVER is the custodial parent into someone who is going to help litigate issues, on and on, until the children age out, and possibly beyond.
I have thought I should change the motto of this website from how the “family” “law” system hurts us all to a more honest representation — how it’s simply another business model. It certainly doesn’t hurt court professionals.
I’m “so” reassured that a major player in the largest US Branch, the Executive Branch (not that they are all that separate any more), whose head is the President of the United States, has programs still in place from an American Psychologist, and a right-wing conservative one at that, who for sure sounds to me like misogynist, right-wing one as well.
DON’t THINK, however, that a person’s Democrat leanings make a major difference when it comes to bad attitudes towards women…
Which President wrote THIS, in 1995, and very likely in response to the 1994 NFI, which was a parallel backlash to the VAWA.?
Back in 1995 president _____ directed all federal agencies to review their programs with an eye to strengthening fatherhood.
{{A link to this letter is on my blogroll to the right…}}
AND THIS on FATHER’s DAY 2000? A REPUBLICAN”
The research and the results are clear: Supporting responsible fatherhood is good for children, good for families, good for our Nation. It’s why we propose building on our progress with a $255 million responsible fatherhood initiative called “Fathers Work/ Families Win.” The fact is, many fathers can’t provide financial and emotional support to their children, not because they’re deadbeat but because they’re dead-broke.
Our initiative would help at least 40,000 more low income fathers work and support their children. Unfortunately, in the spending bill passed in the House this week, the Congress turned its back on this challenge by not including any money for this important initiative. So I ask Congress to work with me across party lines to pass a budget that makes sure more fathers can live up to their responsibility. Working together, we can help fathers better fulfill the emotional, educational, and financial needs of their children.
As we prepare to celebrate the first Father’s Day of the new century, let’s do all we can to help more fathers live up to that title, not just through their financial support but also by becoming more active, loving participants in their children’s lives.

Now all of these are conferencing together, and drawing away tax dollars to STILL not stop the killing of families from, basically, insane court orders.
It’s not an insane system in the eyes of the people whose livelihood depends on a never ending supply of family conflicts!!
Even some men are saying Big Brother’s program is an insult to men, in punishing them for money they don’t have, and treating them as if they weren’t adults: From:
Playing Politics With The Federal Fatherhood Initiative
© 2006 by Carey Roberts
Originally published on ifeminists.com
Reproduced with permission of the author.
June 14, 2006 — Last week the Pope issued a wake-up call to persons of all religious persuasions. Never before in history, the pontiff warned, has the family been so threatened as in today s culture. As the traditional defender and protector of the family, it’s no surprise that fathers and fatherhood have taken the brunt of the Leftist-feminist onslaught.
Fatherhood has come under attack on six fronts:
1. Smearing dads with the patriarchal epithet.
2. Claiming that fathers and mothers are socially interchangeable.
3. Removing fathers legal say in abortion decisions.
4. Encouraging moms to summarily evict their husbands under the pretext of domestic abuse.
5. Allowing inequities in child custody awards.
6. Enacting child support laws that send men to jail for not paying money that they don’t have in the first place.
No wonder American families are falling apart. And no surprise that so many eligible bachelors avow no interest in marriage.
Back in 1995 president Bill Clinton directed all federal agencies to review their programs with an eye to strengthening fatherhood. With the high-profile backing of vice president Al Gore, the federal Fatherhood Initiative sprang to life. Conferences were held, research agendas were developed, and fathers were on a roll. But the Lavender Ladies began to fret over the infiltration of fathers rights groups and plotted to throw a monkey-wrench into the operation. Finally someone had a stroke of genius: we’ll insert the adjective “responsible” before the word fatherhood. Who could ever oppose that?
So in his June 17, 2000 Father’s Day radio address, Bill Clinton gave his blessing to the catechism of Responsible Fatherhood, making it clear that responsible dads always make their child support payments on time.
Problem is, that high-sounding phrase is a demeaning affront to fathers. It’s like saying mothers need to be taught how to be nurturing, and of course we need a government program to take care of that. What mom in her right mind would ever go to a class called, Caring Motherhood? With the Fatherhood Initiative now under the ideological thumb of the child support zealots, the whole effort quickly lost its momentum.
A few months later George W. Bush was elected on a platform that included shoring up the traditional family. Bush tapped Wade Horn to head up the Administration for Children and Families, a gargantuan $49 billion welfare bureaucracy that covers everything from Head Start, child abuse, homeless youth, and child support enforcement.
A psychologist by training, Dr. Horn had served as president of the National Fatherhood Initiative for eight years. Horn seemed destined to be the go-to guy to re-focus and re-energize the Fatherhood Initiative.
In the religious tradition, confession must precede atonement. Unfortunately, the Administration for Children and Families has never admitted the heinous sin of Great Society welfare programs that made fathers redundant, thus decimating the traditional family in low-income communities. Wade Horn did not wish to do battle with his own Office for Child Support Enforcement. In fact, he became its vocal proponent. In 2003 Horn wrote in Crisis magazine, “In such cases, are we to simply turn our backs on negligent non-custodial parents who refuse to support their children financially?”
That stinks like a pile of fresh barnyard manure.
I happen to agree, however not with the next sentence, because it’s simply false. I say that based on anecdotal evidence in some communities where I have worked. Even the head of the OCSE one year, Nicholas Soppa, was himself behind on support and spending weekends in jail for this, while working weekly at the same administration that was charged with collecting support! I’m sure he was not a low-income family.
Again, re: this statement, Mr. Roberts apparently WOULD like the Fatherhood Initiative, if only that pesky child support factor weren’t so influential. He has pegged the influence correctly, it is being used to restructure families, for sure, and from there, society. He writes (this being 2006):
So in his June 17, 2000 Father’s Day radio address, Bill Clinton gave his blessing to the catechism of Responsible Fatherhood, making it clear that responsible dads always make their child support payments on time.
Problem is, that high-sounding phrase is a demeaning affront to fathers. It’s like saying mothers need to be taught how to be nurturing, and of course we need a government program to take care of that. What mom in her right mind would ever go to a class called, Caring Motherhood?
Mr. Roberts, I hope you are not a conservative evangelical Christian. You must not be, or you know that classes just about of this level, and an insult (at least I take it as one) are still going on throughout mainstream and nondemoninational churches, even in our “blue” California…
You are right, it is in essence a national religion, and frighteningly similar to “der Vaterland,” particularly from a feminine perspective.
With the Fatherhood Initiative now under the ideological thumb of the child support zealots, the whole effort quickly lost its momentum
SO, SINCE YOU are UNHAPPY WITH BIG BROTHER, and WE (I’m speaking for women missing their kids, women tired of being stuck in (and by) the family law venue, tired of being examined, categorized, labeled, and psychoanalyzed, when a brief review of the facts, in many cases, might suffice to tell who is, and who is not complying with existing relevant law, why don’t we ALL learn to settle our differences OUT OF COURT.
HOWEVER, my friend, that doesn’t include with the back of the hand, depriving a woman of her necessities or of making some decisions about her own life, lecturing her in private (since you don’t like federally funded public lectures on this topic) how to be a mother or a woman, threats, degrading talk, or any of the activities that prompted feminism to start with. No, it did NOT just rain down out of the sky.
You guys went to war (REMEMBER?) . We went to the factories to help make munitions and ships. Then you came back, and wanted US back, and to forget what we’d just learned, including a thing or two about budgeting.
Some horses, once out of the barn, are simply not going back. Like in the book of Esther in the Bible, there is always some politician trying to teach a woman — even a queen — that she is replaceable, lest women through out the land get some hairbrained idea that they have a right to say no to things that insult and degrade THEM!
We are not going back to rural America, it just ain’t going to happen. So some things are going to have to change, and if you don’t like the FEDS getting into the Marriage business (I certainly don’t), then some adjustments to the Norman Rockwell version of reality have to be made.
ONE of them might be dismantling the dysfunctional educational system** and teaching your own kids. THAT’D be an involved father, and if enough people did this, they might have a better sense of their purpose and meaning in life. Including the ones who drive Lexuses and don’t have to enroll their kids in the local, caste-sorting public school.
Pardon my passion, but I happen to have some…
Here’s Diane Ravitch on that system (March 2nd article):
Dr. Ravitch is now caustically critical. She underwent an intellectual crisis, she says, discovering that these strategies, which she now calls faddish trends, were undermining public education. She resigned last year from the boards of two conservative research groups.“School reform today is like a freight train, and I’m out on the tracks saying, ‘You’re going the wrong way!’ ” Dr. Ravitch said in an interview.
Dr. Ravitch is one of the most influential education scholars of recent decades, and her turnaround has become the buzz of school policy circles.
. . .
In 1991, Lamar Alexander, the first President Bush’s secretary of education, made her an assistant secretary, a post she used to lead a federal effort to promote the creation of state and national academic standards.
Since leaving government in 1993, Dr. Ravitch has been a much-sought-after policy analyst and research scholar, quoted in hundreds of articles on American education. And she has written five books, including “Left Back: A Century of Battles Over School Reform” (2001) and “The Language Police: How Pressure Groups Restrict What Students Learn” (2003), an influential examination of the censorship of school books by left- and right-wing pressure groups.
(BY THE WAY, I DON’T STAND IN EXACTLY THE SAME POSITION SHE DOES ON THIS TOPIC…)
or, EARLIER (I haven’t read this link yet):
Get Congress Out of the Classroom – New York Times
Oct 3, 2007 … Diane Ravitch, a professor of education at New York …
http://www.nytimes.com/2007/10/03/opinion/03ravitch.html
Women do the bulk of the world’s work, and we most certainly bear its babies. Won’t hurt to treat us like full-status human beings, particularly in the land whose pledge of allegiance reads “with liberty and justice for all.”
You can’t have justice with out-come based courts, or for that matter SCHOOLS (Ravitch has been saying). I’m a musician, and I know that it was the joy of the process that kept my attention, and will keep the attention of kids when they are given something that doesn’t insult THEIR intelligence to do, in their schools and with their lives.
The entity to give that to them is not the federal government, as far as I am conc
Double Standards, The Shock Effect: Barry Goldstein, Yevgenia Shockome, Richard Fine
(LINK to photo at bottom of this post);
This article, plus reacting comments, is from a legal blog (trackback below);
(1)
BARRY GOLDSTEIN, Esq.
Attorney Sanctioned For Web Site Post
The New York Appellate Division for the Second Judicial Department imposed a five year suspension of an attorney found to have committed a laundry list of ethics violations in two matters. One involved misuse of funds entrusted to the attorney in connection with his representation of a not-for-profit tenants housing resource center; the other involved representations to and about a court in a domestic relations case where custody had been transferred from his client to her ex-husband:
The respondent represented Yevgenia Shockome, the mother in the child custody matter, and in a divorce action in the Supreme Court. The respondent wrote an article entitled, “A Call for Genia’s Law by Barry L. Goldstein, Stop Family Violence,” which was posted on a web site for the Battered Mothers’ Custody Conference as part of a campaign to free the respondent’s client, who had been imprisoned after being held in contempt by Judge Amodeo. One or more of the following excerpts from that article were dishonest, false, or misleading:
i. “Without an evidentiary hearing or any written explanation, Judge Amodeo took the children from the mother who has raised them and sent them to the abuser.”
ii. “Judge Amodeo got around this in his decision by constructing a bizarre conclusion that he, the Judge, had caused the mother’s PTSD.”
iii. “At one point it was discovered that the court had erased two of the transcripts[,] further delaying the appeal.”
iv. “The decision demanded that the mother stop therapy with her present therapist and instead use someone selected by the court.”
v. “I had to make a motion to withdraw from the case in front of Judge Amodeo for medical reasons… The law requires that when a party loses an attorney for medical reasons, that she is entitled to at least a 30-day stay to obtain another attorney. Instead, Amodeo continued to make her come to court unrepresented, to face more abuse. After the 30 days has passed (with no stay) he decided that she had enough time to find an attorney.”
vi. “The police were called and they found that the supervisor had attacked the mother and child.”
viii. “Judge Amodeo called numerous conferences to attack and berate the mother for interfering with the phone calls and the father’s relationship with the children.”
The court rejected the following contentions:
In determining the appropriate measure of discipline to impose, the respondent asks the Court to consider, with respect to the escrow violations, that they were “technical errors,” that “he was just an honest attorney attempting to help others,” and that he has since corrected his ways. The respondent’s witnesses testified to his reputation for cooperation, honesty, and sincerity.
While the respondent contends, with regard to the charges relating to the Shockome matter, that these disciplinary proceedings were brought by the Grievance Committee in retaliation and as a penalty for his criticism of Judge Amodeo and the courts, we find no basis for such a contention. To the contrary, we find the respondent’s utter failure to appreciate the fact that his conduct exceeded the bounds of propriety as a courtroom advocate, his complete lack of remorse, and the pervasive nature of his deceptive conduct to be aggravating factors. Irrespective of the respondent’s sincerity in his beliefs, his overzealous behavior which took the form of disparaging remarks on the court, false accusations about Judge Amodeo disseminated in a public forum as part of a campaign to pressure the court into changing its rulings, and noncompliance with multiple court orders, truly constituted conduct prejudicial to the administration of justice.
The attorney had no record of prior discipline.(Mike Frisch)
January 2, 2009 in Bar Discipline & Process | Permalink
TrackBack
TrackBack URL for this entry:
http://www.typepad.com/services/trackback/6a00d8341bfae553ef010536a346b5970bListed below are links to weblogs that reference Attorney Sanctioned For Web Site Post:
I think these are worth reading. Those who follow either feminist or “male supremacists” blogs will recognize some familiar names, or handles, for example, Glenn Sacks, or “Mike Murphy” (tireless, that one…). As well as Mr. Goldstein’s response, for example:
Some of the posts here reflect the repeated lies by male supremacist groups about the Shockome case.
The Newsweek reporter spent weeks confirming that Ms. Shockome’s case was overwhelming. She spoke with myself and Ms. Shockome and with the abuser and his attorney. She spoke with national experts and male supremacist representatives. Most important she reviewed the actual evidence. The mother had 11 witnesses including five experts and neutral witnesses such as the school nurse, son’s therapist and couple’s counsellor, The abuser was his only witness. The evaluator admitted the father probably abused the mother physically, verbally and emotionally throughout the marriage and was probably witnessed by the children. She admitted the mother was a safe parent and there was no alienation. She said the mother’s PTSD was probably caused by the father’s abuse (the genuine experts were more certain). Nevertheless she couldn’t use this information because she couldn’t determine the father’s abuse to a CERTAINTY. In other words she and the judge used a certainty standard against the mother and probability standard for the abusive father. The Court’s own Committee on women in the Courts found gender bias is widespread and gave as an example giving women a higher standard of proof. You can’t have a more obvious case of bias, but when I referred to Judge Amodeo as biased they called me a liar and that was one of the charges against me.
One of the posters was right that what they did was a very conclusionary statement with no evidence to support their findings and ignoring all the evidence that contradicted them. They also overturned many of the findings of the referee who heard the evidence and found I had a lot to contribute as a lawyer (although he didn’t have the background to understand all of the false charges)
At the start of the process I warned the grievance committe that it has become standard abuser tactics to file frivolous professional complaints against anyone who dares help his victim. The custody system in NY is already broken and many other children are forced to live with abusers. This decision will make it harder for protective mothers to find attorneys who will speak up for them. As a result more women will stay with their abuser in order not to lose her children and some won’t survive. In their desire to retaliate against me for exposing an abusive judge they have placed the lives of battered women in danger.
My warning proved prophetic as the male supremacists jumped all over the story and in fact most people first learned about it from them. Ironically they are using it to support their bogus PAS theory. This was one of the issues in the case. Even Judge Amodeo denied he was using PAS and acknowledged it is illegal in NY because it has no scientific basis.Posted by: Barry Goldstein | Jan 7, 2009 10:30:52 AM
And someone pointed out the Free Speech element:
This is a very troubling case.
“[T]he respondent contend[ed], with regard to the charges relating to the Shockome matter, that these disciplinary proceedings were brought by the Grievance Committee in retaliation and as a penalty for his criticism of Judge Amodeo and the courts”. The court claimed that it found no basis for such a contention but also failed to state why. In fact, the opinion makes it quite apparent that the opposite is true. The New York courts have allowed themselves to become embroiled in a pissing match with the respondent. This is the conduct which is most “prejudicial to the administration of justice”.
The court lists many, many charges yet fails to deal with the facts on almost any of them. There is no disclosure of the timeline so it is not clear whether the trust account investigation was a product of the respondent’s public criticism. Notably, all of respondent’s claims relating to the Stockome matter are presumed to be wrong without any discussion. The only consideration of the facts is contained in the sentence “Based on the respondent’s admissions and the evidence adduced at the hearing, we find that all charges are sustained, with the exception of Charge 10 (Statement No. vii), Charge 11 (Statement No. vii), and Charge 23.” Yet the veracity, or lack of veracity, of these statements is the central issue. The fact that the courts themselves were the object of the criticism makes it even more critical that they deal with the facts in detail. In fact, much of the opinion is argumentative attempting to counter the criticism levelled publicly by the respondent. The court clearly does not like what he has to say.
Not once does the court address the first amendment issue which is clearly central to this case. Judges of the courts are obviously public figures as are other government officials. If the subject is a public figure, the First Amendment affords a safe haven provided the libel is not published either knowingly or with a reckless lack of investigation. New York Times Co. v. Sullivan, 376 U.S. 254, 270-285 (1964).
This would almost invariably prevent any other government official from punishing the respondent for his speech. Yet here, the judges are using their disciplinary power to achieve what, as a matter of public policy, they are precluded from achieving in other ways.
Respondent’s “words were directed at public officials and their conduct in office.” Gentile v. State Bar of Nevada, 501 U.S. 1030, 1034 (1991) (Kennedy, J.). Speech “relating to alleged governmental misconduct … has traditionally been recognized as lying at the core of the First Amendment.” Butterworth v. Smith, 494 U.S. 624, 632 (1990).
>>> The judicial system, and in particular our criminal justice courts, play a vital part in a democratic state, and the public has a legitimate interest in their operations. See, e.g., Landmark Communications, Inc. v. Virginia, 435 U.S. 829, 838-839 (1978). “[I]t would be difficult to single out any aspect of government of higher concern and importance to the people than the manner in which criminal trials are conducted.” Richmond Newspapers, Inc. v. Virginia, 448 U.S. 555, 575 (1980). Public vigilance serves us well, for “[t]he knowledge that every criminal trial is subject to contemporaneous review in the forum of public opinion is an effective restraint on possible abuse of judicial power…. Without publicity, all other checks are insufficient: in comparison of publicity, all other checks are of small account.” In re Oliver, 333 U.S. [at] 270-271. <<<
Gentile, 501 U.S. at 1035 (Kennedy, J.).
Judges must accept that they are public figures and that they will, on occasion, face criticism and that that criticism may, at times, be unfair. If a judge cannot tolerate this then he has no business being a judge.
Stephen
I also appreciate this post because it illustrates at least cites to support the statements. Again, ALWAYS check out anything cited (that is, if you want to know whether the cite was valid).
I’d recommend subscribing to this blog (why not?); at least it’s informative.
Clearly, the fathers’ groups don’t like ex parte restraining orders, and the mothers’ groups don’t like losing their kids in the same manner.
MEANWHILE, My “thang” is of course, tracing the funding that attracts certain power-mongers to certain professions, however ethical others in the same professions may also be. The public needs ALL of the judges, and attorneys, to be held to ethical standards — particularly judges, who sign the orders. We also ought to know how the system works.
Typically this isn’t on the average person’s agenda to learn, but I’m still trying to think how “ignorance” of relevant fields of life is an asset. It’s not. Ditto, “intellectual dependence.” Learning takes time, effort and is costly, but inportant. One of THE most important things to know in life is whether one’s associates, hired help (whether nanny or attorney), OR (did you ever think of these as “hired help”? But they are!!) federally funded, state-funded, county-funded, or otherwise-funded nonprofits are ethical also.
Nonprofits, by definition, are exempt from taxes (right?). So whatever services they don’t provide, when their existences says, because we are nonprofit and helping society, we should not also be taxed — is relevant.
And they come in all shapes and sizes.
(2)
Here’s links (from LIZNOTES) to this Shockome case. FYI, I have not read all the details, but know it by reputation only:
GENIA SHOCKOME CASE
Poughkeepsie, Duchess County, New York
Yevgenia Shockome, Case No. 29594
On Thursday, May 5, 2005, Yevgenia Shockome, a pro se battered mother seven months pregnant, who already had inexplicably** [liznote 1] lost custody of her children to her abuser three years before in Judge Damian J. Amodeo’s Duchess County Courtroom, was jailed on Mother’s Day weekend for objecting to Amodeo’s order permitting her abuser to move with her children to Texas. [liznote 2]
TRANSCRIPT of Genia Shockome’s May 5, 2005 hearing
that landed her in jail for 30 days
Links to more information about this case:
http://www.batteredmotherscustodyconference.org/GeniaAD2.pdf
http://www.scamsandscandals.com/genia.html
** LIZNOTE: The court’s 2004 order, available here [liznote 1]
I have other things to do, and blog on today. I am just following up on a comment to my first post regarding Mr. Goldstein.
However, also in 2009, here’s some coverage of what happened to Mr. FINE when HE tried to confront judicial bribery. At least, according to this account:
(3)
RICHARD FINE, Esq.
“Attorney Jailed in Attempt to Disqualify L.A. Judge for Taking Bribes.”
Attorney At LawLos Angeles, CA On Wednesday, March 4, 2009 the Full Disclosure Network attended a Los Angeles Superior Court Contempt hearing in Judge David Yaffe’s Department 86 courtroom where he sentenced prominent Anti-Trust attorney Richard I. Fine to county jail indefinitely, until such time as he provides to the Judge his personal financial information. Judge Yaffe’s actions came after attorney Fine pointed out the Judge had taken illegal money from an interested party in the case.
TAKEN INTO CUSTODY
Immediately following the sentencing an entourage of ten or more Sheriff Deputies and Court personnel surrounded the slightly built, grandfatherly 69 year old attorney and placed him in handcuffs. Fine who was dressed in a charcoal grey suit, white dress shirt and red bow tie, readily cooperated and did not appear to be a flight risk. However, the Court was taking no chances as the procession led down the halls of the Los Angeles County Court House to the prisoners exit where the Sheriff’s Department provide transportation to the jail.DEVELOPERS VS HOMEOWNERS
The hearing involved the case of Marina Strand Colony II Homeowners Association vs County of Los Angeles and was prompted by attorneys representing the Del Rey Shores Development who sought to collect legal fees awarded to them. Richard Fine challenged the credentials of the Debtor Court Referee and Judge Yaffe who he claimed had been receiving illegal payments, estimated to be in the hundreds of thousands of dollars from the County Board of Supervisors since 1988. The attorneys for the developer asked Judge Yaffe to order Fine to take down his website from the Internet, the request was denied.EXCLUSIVE TELEVISION INTERVIEW
One day prior to the com tempt hearing, Full Disclosure conducted a one hour exclusive interview with Richard Fine who warned of the possibility that Yaffe would likely commit another illegal act by refusing to disqualify himself from conducting the hearing and that any ruling would be illegal as well. In fact during the hearing Fine admonished the Judge his participation would only continue the criminal activity. The Full Disclosure interview is to be shown on 40 cable systems and the Internet in April 2009. A transcript of the entire hearing will be posted on the Full Disclosure Network website soon.DISTINGUISHED LEGAL CAREER
This extraordinary judicial action of ordering the indefinite incarceration of such a prominent attorney whose long and distinguished career included service in the U. S. Department of Justice in Washington D. C. followed an intensive exchange where attorney Fine objected to Judge Yaffe’s failure to disqualify himself. According to Richard Fine, Judge Yaffe along with all of the Los Angeles County judges have each been accepting up to hundreds of thousands of illegal dollars from the Los Angeles County Board of Supervisors, that is specifically prohibited by the California Constitution and the Canons of Judicial Ethics.WRIT OF HABEAS CORPUS
The fact that the Judge insisted on hearing the matter, which involved the County of Los Angeles, was challenged by Fine in a Writ of Habeas Corpus filed with the California Supreme Court just moments before the hearing. Fine pleaded unsuccessfully to the Judge to delay sentencing till both the State and Federal courts had an opportunity to consider his requests for re-hearing.JUDGES CRIMINAL ACTS FORGIVEN BY LEGISLATURE?
In concluding his argument before Judge Yaffee’s ruling, Richard Fine noted on the record that the California Legislature, the Governor and Judicial Council, all have admitted and recognized the illegal and criminal acts committed by Judge Yaffe and all Los Angeles Superior Court Judges and Supervisors when the Governor signed into law the State Budget legislation this February. Inserted into the budget bill was a provision granting Judges and elected officials immunity for illegal acts specifically prohibited by the State Constitution.
I support Richard Fine’s struggle and feel terrible that he has been incarcerated for so long without any seeming legal basis. I know of judicial corruption and wish more would fight back against a truly enterprise.
I have however heard rumors that he had some problems of his own with ethics. Any truth to claims that he took money from clients and didn’t follow up with services?
(3B More on Fine) (Note these seem to all be in early 2009… Quite a banner year):
Thursday, February 12, 2009
Page 1
Supreme Court Orders Disbarment of Attorney Richard I. Fine
By KENNETH OFGANG, Staff Writer
The California Supreme Court yesterday ordered that a prominent Beverly Hills attorney be disbarred for filing a stream of disqualification motions and other papers containing what the State Bar Court found to be false and frivolous charges regarding members of the state bench.
Let’s TALK about this double standard. That is, basically, what the family law venue DOES, in part by taking hearsay evidence. Apparently it’s OK to file strings of ex partes by one parent against another, so long as it’s good for business. This, however, is NOT permissible when the motions are against judges, and requiring THEM to hold to ethical standards.
That’s the DOUBLE standard, in part.
The high court, at its weekly conference in San Francisco, voted 6-0 to deny review and to adopt the State Bar Court’s recommendation that Richard I. Fine lose his license to practice law. Justice Kathryn M. Werdegar was absent and did not participate.
Honn was declared involuntarily inactive in October 2007 after Hearing Judge Richard Honn said Fine’s “remarkable academic and professional background” as a leading antitrust and taxpayer rights lawyer did not justify his “improper and vindictive reactions” to rulings of Commissioner Bruce Mitchell and other judicial officers.
‘Never-Ending Attack’
The hearing judge said Fine “engaged in what amounts to an almost never-ending attack on anyone (including attorneys and judicial officers) who disagreed with him or otherwise got in his way.” Fine, Honn said, “kept digging himself into deeper and deeper problems” and failed “to appreciate the harm he has imposed on so many people and on the court system.”
Fine, the onetime head of the Los Angeles City Attorney’s antitrust unit and counsel for the plaintiffs in a number of highly publicized class actions and taxpayer suits, has blamed his troubles on state judges and other officials whom he accuses of retaliating against him for his years of challenges to the benefits paid to Los Angeles Superior Court judges by the county.
Fine claims that judges who receive the benefits have a conflict of interest in any case involving the county, and that they have, over the years, improperly failed to disclose the conflict and to disqualify themselves from cases to which the county is a party.
The Court of Appeal last year ruled in Sturgeon v. County of Los Angeles that the benefits are unconstitutional because they have not been authorized by the Legislature. The court did not say that judges who have been receiving the benefits had a conflict of interest as contended by Fine, but Fine—who was not involved in the Sturgeon case—said the decision vindicated him.
Fine told the MetNews he intends to seek review in the U.S. Supreme Court based on what he said are violations of his constitutional rights to free speech and due process of law. He has argued, among other things, that Honn had an undisclosed conflict of interest because the disciplinary charges stemmed from his battle with the county, which gives $30,000 a year to Special Olympics of Southern California, on whose board Honn serves.
Honn’s participation in the case violates the “implicit right to honest services” and should be investigated as a violation of federal fraud statutes, Fine said.
Federal Suit
The now-disbarred lawyer is also suing the State Bar in federal court, arguing that the statute that permits disbarment for acts of moral turpitude not amounting to crimes violated the Due Process Clause. That suit, pending before Judge Dale Fisher in the U.S. District Court for the Central District of California, has been on hold pending the outcome of the State Bar proceedings, Fine said.
“This is political payback for my having exposed the corruption in the judicial system,” Fine said yesterday. “….I would have to question whether the California Supreme Court ….even read the papers….This is on one of the greater travesties of justice…They want to take the lawyer who has saved the taxpayers more than $1 billion dollars and put him out of the bar when they have done nothing about the corruption in the judicial system.”
He added that there is “not one scintilla of substantive evidence” that he has violated ethics rules.
ALL of this, friends, to further explain why Mr. Goldstein MIGHT have felt it appropriate to, in the web page “custody visitation scandal,” put a little disclaimer, that such decisions MIGHT look like judicial bribes were involved, but probably did not. I can certainly understand that. . . . . .
Here’s another coverage:
Veteran attorney in L.A. held on contempt of court charges
March 05, 2009|Victoria KimSporting a burgundy bow tie and with silver-gray hair fringing a mostly bald head, 69-year-old veteran attorney Richard Fine made an unlikely arrestee as he was hauled off to jail Wednesday morning from a downtown Los Angeles courtroom.
But this marked the second time Fine has landed behind bars on contempt of court charges — this time for refusing to answer a jurist’s questions and for practicing law without a license. Judge David Yaffe ordered Fine to sit in jail indefinitely, until he relents and follows court orders.
And a 2008 article, same topics:
January 31, 2008
Taxpayer advocate Richard Fine faces disbarmentTarzana attorney Richard Fine is charged with moral turpitude with a recommendation by California State Bar Court Judge Richard Honn that Fine be disbarred, the Los Angeles Daily News reports (here).Honn alleges in state bar documents that Fine “filed meritless lawsuits” to retaliate against judges who ruled against him. Fine alleged L.A. Superior Court judges hadn’t disclosed the nearly $40,000 paid to them annually by the county, on top of their salary, in cases where the county was a party.
This is the same line of reasoning Liz Richards has been following since the 1990s (http://www.nafcj.net), and others, including Marv Bryer, who actually required an audit of what was called a “slush fund.”
Fine argued his case at state Supreme Court, who haven’t ruled yet.
Fine told the Daily News that the state bar began action against him because he filed cases against judges – rather than his earlier cases against the state legislature and governor. According to the newspaper, “legal observers say the case against Fine is unusual.” What do you think?

Vonderplanitz says he has been “fighting” the government’s efforts against raw milk 















“Parental Alienation” is Sign Language….Like “Domestic Violence”
leave a comment »
Don’t ask me why I decided to post this draft, revealing my thoughts the other day. I don’t feel like telling. Hope never dies that exposing verbal idiocy might result in a net reduction of it.
At least on the part of the consumers — the marketers, well, this language use is wise.
PART 1:
PARENTAL ALIENATION
The words “Parental Alienation” signify that somewhere on this earth, a certain business sector, playing on human emotions, is prospering. As does “domestic violence” “child abuse” “Children and Families” and “Fatherhood” (enough syllables, seems to roll well off the tongue), and “false allegations,” “resource center” and “batterers’ intervention,” “supervised visitation,” and the like. These noun phrases are now just part of the landscape, and have developed their own specialized biosphere, with flora and fauna.
If you were a fine-feathered, raptor, and could soar with piercing vision, specialized hearing (and feathers) and incredible adaptations for dive-bombing your prey from on high in spirals, like the peregrin falcon, or hearing it underneath the snow, like certain owls (obviously I’ve been watching PBS here), and your prey were compromised populations, you JUST might be an initiative, a conference, a collaboration, a task force, a commission, or a nonprofit organization part of one of the above.
RAPTOR FORCE: Eagles, Falcons, Hawks, and Owls
I already brought up the concept of the Family Law System as a Giant Squid, fearsome tentacles lurking in the dar, able to tear apart ships, the stuff of mythology. Now it’s time to get the view from on high, the “Task Force” viewpoint, the elite, all-seeing, dive-bombing, never-see-it-coming social policy collaboratives (etc.).
Well, like raptors, they come in different flavors, and target different prey. But they’re all aerial artists. Some are solo, some fly in woods, some even work in teams, I learned through this show.
The owl uses sound — its ears are uneven. Its specialized facial feathers help with that.
The peregrin falcon is a dive-bomber. Specialized eye covering deflects flying sand particles, which at high speed, could sure hurt.
With birds, you can see this by their shapes, although closer look gets a finer appreciation. With humans, one has to be more sensitive to language and behaviors to figure out whether they are distressed prey, congregants meeting to figure out what to do about distressed prey, or raptors coming in for those lower on the food chain.
Some go for distressed Dads. Some go for distressed Moms. So long as the conciliation code (at least in my state) rules that ANY couple having a squabble about custody, that squabble per se gives jurisdiction of their young to the raptors. Excuse me, Conciliation Courts, a.k.a., later, Family Courts. Now, what typically distresses said Dads, or Moms, is generally the other Parent. Which brings us to “Parental Alienation.”
(1)
“Parental:”
Define “Parental.” Go ahead — I dare you.
For that matter, define “Parent.” Go ahead. I dare you, find an all-purpose word that fits all definitions, starting with the noun, before it became verbified (to parent) and adjectified (“Parental”), specified as to who has the kids (Custodial/noncustodial — a term also associated with prison, i.e., “taken into custody” as well as with winning a court debate, i.e., “custody granted.”), and finally market-niched (“Parenting classes”).
The word is already de-gendered, as if the world were not, or any of its 3 Abrahamic world religions were not.
(meaning includes “obeying.” This can get complicated in practice, as in:
In this case, the parent is childified…. and the prosecutor, in behalf of the education establishment, is parentified. Ironically, the word “educare” has a root meaning of Lead Out, not Box In (or, Stuff in, as in knowledge into people’s heads).
PARENT:
Now, like they say Eskimos have different words for snow, we have diversified words for “parent” — step-, bio-, surrogate- foster- adoptive- in addition to the older “grand-” (indicating biological). Whoever the kids in custody are living with at the time, they had better obey the Residential Parent, or the court may just switch them to the other one, or to another type of breeding ground called Juvenile Hall.
Such a diversity of language indicates a thriving business, and that obviously some parents are absent, or incompetent, or need supervision, etc. Which just goes to show who the “real” parent is as to assigning custody, but the real “parents” are as to assigning responsibility for any screwups.
Occasionally the word “father” or “mother” will show up in a new sarticle, or in a grants application, but generally, to say it’s neutral, it’s about custody rights, which means “PARENTAL.” Glad I established that. This word does NOT stand on its own when challenged — by anyone, almost — but it does mean, someone is open for business.
(2)
Alien-ation
Alien-Nation, etc.
Let’s keep this one short. I keep thinking about Arizona, where “aliens” are bad and you can be arrested for being alien improperly. So, I’d have to say that “alien” is bad in connotation, even though much business is done by resident “illegal aliens,” and in fact, some business would close were it not. Now, apart from UFO space-ship variety (promoting a different set of businesses, much of it digital, but also involving conferences…)
“Parental Alienation” is bad if a parent does it, but good if you’re in the business of protesting it, or running seminars for judges about it. The call “Parental Alienation” indicates a resonance to the AFCCNET.org philosophy that the goal is to reconcile marriages for the good of the nation. So the net value is neutral (one group of parents and affiliated associations use this term, an opposing group opposes the use of this term. This extends up into the stratosphere, where raptors flying around the Federal Aeyrie (?) can snag some grants to handle the problem, and plummet to street level with demonstration projects and initiatives. So, it’s good for them. Bad for taxpayers, I’d have to say.
============
WHO SETS THE DEBATE? The debate is not “PARENTAL ALIENATION” v . “CHILD ABUSE” any more than it is, categorically, Fathers v. Mothers, or Conservatives v. Liberals.
I see it as “teachers” vs. “taught.” My point in that last post is that I am no longer interested in the verbiage (pro/con) surrounding “alienation.” I am more interested in dishonest usage of the word “Parent” to obscure gender bias, but beyond that, I think it’s time to figure out the profit motive, and think seriously about the role of wealth (as opposed to jobs) in the larger picture. Then the networks become a little more plain to understand, beyond the rhetoric. ALthough I may not communicate it too well, an attempt is at the bottom of today’s post.
Meanwhile . . . .
Words are understood in their usage and in context, including who is speaking.
Parental Alienation is essentially a term coined to get certain things done, including therapists into the legal process, and conferences training judges (etc.) about it, into certain people’s resumes. Perfectly reasonable and pre-existing terms to describe the same thing aren’t as good a market niche. For one, “Stockholm Syndrome” or “traumatic bonding” or “custodial interference” in context might do as well. Or “brainwashing” or “child abuse.”
The debate about “Parental Alienation” is at a stalemate, but the field is full-throttle ahead, regardless of what any organization pronounces about it. It’s derailing the more important questions, and the distraction is intentional, I”m sure of it.
PART 2:
“Domestic Violence”
Domestic Violence Industry Awareness Month – My Comments on this site, responding to another Press Article, by DV Nonprofit responding to a family (he killed his kids) fatality surrounding Battered Shelter & “Unsupervised Visitation” and judge “just not understanding.”
After writing that comment (post-length, actually), I went back to TAGGS.hhs.gov and looked at how many (millions$) were going to Family Violence Prevention and Marriage/Fatherhood Promotion — in the same state. What a shocker. The real question is who is tracking BOTH sets of funding, and why not shut BOTH of them off, leaving some more funds at the local level, and perhaps some marriages might be less economically stressed, which might save lives (though poverty is no excuse for murder, nor is family “honor” !)
This blogger “gets” the grants racket. Needless to say, this POV is not circulated prominently by the DV experts.
Suggest just read the page. In case anyone wonders, I have never spoken to that blog author, I just happen to share many of the Points of View she reports (not all — for example, I’m not in favor of GPS ankle bracelets…). I suspect this will make sense to someone who has experienced some of the types of events she reports on.
It’s a long page, worth scrolling all the way through (and reading).
“Www.FamilyLawCourts.com/Domestic.”
or
To Discipline an Unethical Judge, Just Establish a Commission to Consider Whether To..
“Parental Alienation” & “Domestic Violence”
Street Level — this shows which infantry you are in.
Strategic Level – either way, it’s profit, but this is how task forces are delegate to one area or the other.
Another blogger gets this — same as above, on the business of DV — now she weighs in on “Parental Alienation” (although, the Lauren & Ted case, last 2 posts, she took the opposite side I did), it just might be worth a read.
A Nation of Stockholm Children (Aug. 2009, on Open Salon):
. . .(KEEP READING . .. . )
I’m not sure media blackout is the issue, but media spin, and a public so overwhelmed with info, they cannot process it. We do not know how the critical “operating systems” of the country actually work, including courts, law enforcement, government, and the role of religion in all this, child support systems, and the increasingly tightening of networks through the Internet.
Note: I cannot continue “teaching” (publicizing) through posts until my Internet access is up to speed (i.e., MHz very slow!). Just continue to keep in mind: The U.S.A. is the world’s largest per capita jailor, and captive audiences are captive for demonstrations of the latest theories, behavioral management techniques, or justification for (yet more) grants.
I saw a poster on a blog that says what to do, well enough:
It’s time to remember what this man did, and how he did it.
Also, to understand the INNATE characteristics of money — which is to congregate at centers of wealth, and drain from the extremities. That’s the kind of money the U.S. (at least) has, i.e., that which we BUY at interest, which will never be paid off, from the Federal Reserve. There are reasons we “have” to become a nation of consumers, and that failing to consume enough of what we really don’t need (and makes us sick, in some cases) has become an indication of “treason.” In examining the courts from the roots up, it does go to Washington, D.C., and to understand the monetary setting of policy by super-wealthy foundations and families (through government, through universities, etc.), it’s also necessary to grasp, even if dimly, that the North/South (?) division of the globe into countries forced to become export economies, rather than self-sufficient, to pay off THEIR debt — means that those products have to come back to the more industrialized countries. Yeah, I”m an armchair economist, but search “Susan George” on this blog (or just get the book) for a clue.
The Internet flattens, but access (or restricted access) to it also further segments society. The section in Maroon in yesterday’s post bears follow-up (if you can).
Here, is a description of what centrally based (and non-bona fide) money does to communities:
Now let’s think a little bit about TIME. If a person is earning an hourly wage, then TIME in court is wages lost, to say the least. What about their “psychic” emotional and other energy. including creative and thought energies, which would otherwise be put into taking care of their own basic needs, and their family’s (such as it may be, if in a divorce or custody situation). It’s GONE from the mix. In waltzes in (federally, state, then “local” meaning, a child support agency at the county level) – and says we are going to transfer income from A to B. Consider the bureaurcarcy in that, and the antagonism it creates. Families have died over this. Let me repeat. I have yet to hear of a mother murdering over child support, but their is no lack of newsprint on fathers, in this context. His basic authority and social credibility — income producing — has been challenged by the government. Meanwhile, this same Child Support agency waltzes into the newly single mother’s life, perhaps (and if abuse was involved, likely newly poor single) and says, we will interface for you. And yet, this entire system, it later develops, has been co-opted as a custody-switching agency. A federalization of basic life processes. So I say, boycott it. It’s got the power to incarcerate — or not. At will, if a mother has signed over her rights as a result off initially going on welfare. (A fact not typically made much of — but in years to come, will figure highly in any contested case…).
So, here are all these taxes going to socially engineer the country, and causing a lot of strife, and competition for working in the fields supported by this social engineering. How many of the services provided are the most basic ones that we couldn’t do without, and how many of the infrastructures and institutions created are transparent enough for the average participant to actually comprehend
I am certainly not a go-back-to-the-farm proponent, but the codependency here is too much, upon JOBS. The key difference between “job” and “business” is who keeps the profits, and who gets to deduct expenses before taxes.
People who were raised to just love what they do, and specialize in it, are called “professionals,” often, which brings up — who is going to pay for them to do what they love doing, and market it, contract it, do administration, etc. (unless people wish to “do it all” and “keep it small”?) One of the safest places to be a professional in a field that will rarely go away, is to do it for the US Government (I think). And in the courts, too.
Well, there’s a lot more to all this, but the key in the courts is where is the money moving around to, whether through professional referrals, trainings, or simply directly from litigants to fees. Multiply that to all contested custody cases involving children, per state, be aware there are 50 states (and US territories), and think about it.
There is, FYI, a two-tier court track:
1. Can afford fees. They will be “soaked;” one party may be bankrupted later, or up front, to inspire more fights.
1a. Then the therapists can come in and counsel how to reduce conflicts.
2. Can’t afford fees. These will be the revolving door cases, but because there’s such an easy way to get INTO court again, any old OSC almost will do it, and most litigant’s aren’t smart enough to move to dismiss up front (on any of a variety of grounds), these will repeatedly be brought back to court — and possibly produce a candidate for food stamps, SSI, or some other part of the welfare system to continue justifying its existence. Their data will be mined for further studies by social scientists (etc.) in remote locations.
2a. Occasionally a 1a or a 2a may result in someone going off the deep end, with a weapon. However, as this eventually causes social and economic deterioration, over a period of decades, no lack of new, fresh faces for the family law system (and associated professions).
Just a little more on “interest”:
Basically this site is reminding us that, compounding interest or not, what about taxes?
(co. 2004-2008, Evans Financial Group)
My point being, OK, OK,
be aware of the rhetoric,
but pay attention to common “cents” on where the “dollars” are going.
In some respects, could any ex be worse than this system long-term? The answer in many cases is, yes. But, maybe a civic duty is to get the field reports out, for posterity.
What are ALL the relevant elements of any situation — as best you can ascertain them.
Which of those are actionable — now, and in the long run.
What can you do not to overwhelm your personal comprehension system into “Paralysis”?
The human psyche can absorb a LOT of information (varies with individuals), but to act on it is natural. I think that overload jsut builds up tension and frustration, and a sense of powerlessness. To know what to act on, with purpose towards a certain goal, is critical to humanity. Being in systems of such chaos (and corruption) as these family law systems, is dangerous to the health. It tests character to handle it.
To give this post a semblance of structure, I’d like to conclude the way I started:
“Don’t ask me why I decided to post this draft, revealing my thoughts the other day. I don’t feel like telling. “
SHARE THIS POST on...
Written by Let's Get Honest|She Looks It Up
October 21, 2010 at 6:03 PM
Posted in AFCC, Biosphere, Business Enterprise, Cast, Script, Characters, Scenery, Stage Directions, Context of Custody Switch, Designer Families, Domestic Violence vs Family Law, etc., Giant Squid, in Studies, Metaphors for Family Law, My Takes, and Favorite Takes, Organizations, Foundations, Associations NGO Hybrids, Raptors, Vocabulary Lessons
Tagged with "Parent" explained- perhaps, AFCC, Alienation, Education, Jaycee Dugard, Linguistic Dissonance, obfuscation, social commentary, Studying Humans, U.S. Govt $$ hard @ work..