Let's Get Honest! Absolutely Uncommon Analysis of Family & Conciliation Courts' Operations, Practices, & History

'A Different Kind of Attention Develops Sound Judgment' | 'Suppose I'm Right Here?' (See March 23 & 5, 2014). More Than 745 posts and 45 pages of Public-Interest Investigative Blogging On These Matters Since 2009.

Posts Tagged ‘Richard Fine

“Center for Judicial Accountability” (reStrain) versus “Center for Judicial Excellence” (reTrain) Theories.

leave a comment »

NOTE:  in this post, I’m going to use [QUOTE:] and [/ENDQUOTE] rather than mess with wordpress’s fickle built-in quote function, which looks like this, and the “WYSIWYG” (what you see is what you get) doesn’t function on the input screen.

BLOCKQUOTE . . . . ASDF;LKJASDF;LKJASDFL;KJADSFL;KJ    ETC.

When judges round up citizens without known business before the courts — simply because they are in the courthouse that day — or send them off to jail for SPEAKING at a public hearing! — then it seems there’s a little struggle about who gets to train whom.  In an era when the Catholic Church extremists (one who MIGHT become US President, for what that’s worth) are complaining that someone is restraining their right to restrain women (i.e., about contraception) — then it’s clear too many have already been trained, like dogs, to submit to the ridiculous.

Let me talk about how I heard about the Sassower Mother/Daughter combo. . . .   and the answer is, probably by coincidence.   A friend of mine was looking for an attorney to help her file a federal case — and she’s got a GOOD one — out of state, as the state is obviously a goner when it comes to several civil rights issues.  MOST states are goners in the family law arena already, but this had some extra flavors to it.

As things go, the woman is originally from California, home of “Let’s Incarcerate Taxpayer Advocates” and “how DARE you imply that payments by the county to a judge affect the judge’s decisions when ruling on a case involving the County’ Richard Fine.   Home of a whole lot of interesting creations, including retroactive immunity for judges, the AFCC (it seems) and the concept of One-Stop-Justice-Shops, which they want to take international, and are:

[QUOTE:]

How to Start a Family Justice Center  

Across the country and around the world community leaders, advocates, law- enforcement agencies, service providers, shelters, and concerned community leaders are exploring the possibility of starting a Family Justice Center in their own community. A Family Justice Center is a co-located, multi-disciplinary approach to services for victims of family violence and their children.  The goal is simple:  To provide one safe place where victims and their children can go to get all their services under one roof.***  The model seeks to wrap victims in support and services and end the frustrating journey for victims of having to go from agency to agency, telling their story over the over again in order to get the help they need.*** . . .

The first step for interested communities is to attend the International Family Justice Center Conference and buy “Dream Big: A Simple, Complicated Idea to Stop Family Violence” (Wheatmark 2010) and the Alliance’s “how to” manual entitled “How To Start A Family Justice Center in Your Community”, both authored by Casey Gwinn and Gael Strack. . . . .
…The Alliance also hosts a FJC Directors’ Leadership Training Institute for new Directors and new Directors are strongly encouraged to participate in this Institute.  For more information and a description of the services available to help you start a Family Justice Center in your community, contact the Assistant Director of Technical Assistance at (888) 511-3522 or email the Alliance at info@nfjca.org .
copyright © 2009 Family Justice Center Alliance. All rights reserved. 
[/ENDQUOTE]

got that?  The first step is to patronize our Conference (DVD of the plenary sessions only $99) and BUY!  Sponsored by NCADV, who also is real good at selling things.   THIS group is all about TRAINING — and that TRAINING is an increasingly self-referential closed set of informations that actual victims of the FAMILY courts cannot get a word in edgewise into the PR material.  Especially not with Denise Gamache of BWJP sitting on the board, or Oliver Williams (also fatherhood promoter), etc. (see below):

But, the concept is a ONE-STOP-SHOP . . . . .

**This version is much simpler.  THey only have to go ONE place to not get the help/truths that they need.

***Question.  Sometimes Police are corrupt.  How helpful is it when a teenager who’s been raped by a police officer when she reports?  What about when police simply choose not to arrest and D.A.’s choose not to prosecute — which they CERTAINLY have the right not to (not that women seeking protective orders are generally told this, or other relevant information)???

FOR EXAMPLE:

She Dialed 911. The Cop Who Came to Help Raped Her.”  This is a 2012 report; a 19-year-old Milwaukee mother of two …”had returned to high school as a mother of two and after graduation she had continued on to the University of Wisconsin, where she was studying criminal justice with the thought of becoming police officer or a lawyer.”  She calls 911 when a brick was thrown through the window and was sodomized and raped by the responding officer …

[QUOTE:]”Her revulsion in the aftermath was so visceral that she vomited as she ran outside. The cop’s partner had become concerned when he did not immediately see Cates and called for back-up. Other cops began arriving and saw a woman screaming incoherently about being raped.

Cates {officer} appeared and grabbed her by the waist, spinning her around. Her swinging feet may or may not have struck the partner. She was handcuffed and taken in, told at the stationhouse that she was being charged with assaulting a police officer.   She became more coherent but no less outraged and vocal as she continued cry out from a holding cell that she had been raped. She also continued to vomit. The other cops dismissed her as a liar.

After 12 hours, she was interviewed by internal affairs and taken to a hospital, where a rape kit was used to collect evidence. She was then taken to the county jail and held for four days before being released without actually being charged.    She took her story to the Milwaukee District Attorney’s office. A prosecutor subsequently wrote, “While I did find the victim’s version of events credible, I did not believe that her testimony would be strong enough to successfully prosecute Officer Cates.”

In other words, Cates was still a cop and she was still an inner-city teenage single mom. She stopped going to school as she fell into a deep depression, making two serious suicide attempts.

Article by Michael Daley in “The Daily Beast” US News — and it’s ONLY from January 29, 2012….  Though it ended with justice, the criminal justice system lost what would’ve been a good woman — she changed majors ….

Many things in this system are soul-killers . . . . .

[QUOTE:]

National Advisory Board (of the Family Justice Center National Alliance)

PDFPrintE-mail
Saran Buel Yvonne Carrasco Sue Else
Sarah Buel, J.D.
Clinical Professor of Law
Director, Diane Halle Center for Family Justice
Sandra Day O’Connor College of Law, Arizona State University
Yvonne Carrasco
Consultant to Foundations & the Non-Profit Sector
Sue Else 
President
National Network to End Domestic Violence
Denise Gamache Dean M. Hawley, MD Michael Mason
Denise Gamache
Director
Battered Women’s Justice Project
Dean M. Hawley, MD
Professor
Indiana University School of Medicine
Clarian Pathology Laboratory
Michael Mason
Chief Security Officer
Verizon Communications
Nancy E. O'Malley Kim Wells Oliver J. Williams
Nancy E. O’Malley
District Attorney
Office of the District Attorney Alameda County * * *
Kim Wells
Executive Director
Corporate Alliance to End Partner Violence
Oliver J. Williams, Ph.D.,
Executive Director
Institute on DV in the African American Community
Professor, School of Social Work
University of Minnesota
Others have different opinions on both this initiative // alliance, and on District Attorney Nancy E. O’Malley, as I’ve seen before.  Commenter “Steve White” (“boatbrain” user name) tells his story from 2006-2007 – -and he seems to be quite the investigator.  hover cursor — I pasted all the comments into link in case the link becomes extinct…”    I note he was arrested and talked about “spurious harrassments.”  This “justice center” is a jobs perk for those in the circle, a retirement plan for Casey Gwinn, and an attempt is being made to standardize the model in California just now.  It’s the LAST thing citizens actually need who are seeking justice!  — combo.  I’m also thinking of starting a boycott Verizon move, knowing how it’s sharing the reputation for helping victims by funding stuff like this.  From the Steve White link, comments date to 2007, and relate to this same topic:
The hiring of Nadia Lockyer seems to violate state law. Under California Government Code Section 87100, an elected official is not allowed to “influence” a decision which will benefit a member of his immediate family financially. 

Under the California Constitution, Tom Orloff is subordinate to Bill Lockyer. How can any subordinate not be “influenced” by the fact that one applicant is his boss’ wife? 

Also, the Family Justice Center Nadia Lockyer was hired to receives Federal grant money. It appears the rules for spending that money may also have been violated. The applicable rule is one which requires any decision made by a state official which will effect him or his immediate family financially shall be “an arm’s length transaction” where he does not have any direct influence over it.

But again, Bill Lockyer is Tom Orloff’s boss, so how can Tom Orloff be at “arm’s length” from Lockyer? 

Anyone wishing to contact me for updates should email boatbrain@aol.com

THAT was all an aside.  After some years looking at these groups (and knowing that none have provided any significant help to women challenged AFTER filing for their protection, from losing their children improperly later, anyhow) –it’s a sorry situation.

/ / / / / / / / / /

ANYHOW, in the process of simply networking locally (that’s called paying attention to people that cross my path in the course of daily life, and sometimes hearing their stories….) . . . . . we were looking for a certain attorney who was defending yet ANOTHER individual improperly arrested during an unrelated trial — when the apparent issue was complaining about police brutality, then complaining about the destruction of his complaint about police brutality, and so forth.

That information can be found at The Badger Flats Gazette which appears to be this man’s on-line blogging of police brutality and coverup, starting approximately like this:

[QUOTE:]

I am Gene Forte, publisher of the Badger Flats Gazette, that has been exposing public official corruption in Merced and Monterey County.

Since July 2009, I have provided evidence  to the Fresno FBI Office that Merced County law enforcement are covering-up that they falsely arrested and assaulted me at the Los Banos Courthouse and the Merced Courthouse.

They did it to intimidate me.  I was not a criminal defendant going to the courthouses for an arraignment, or to start trouble.

I was arrested at the Merced Courthouse when attending a Case Management Conference as the plaintiff  in the lawsuit I had against Merced County DA Larry Morse.

When I was arrested at the Los Banos Courthouse, I was about to attend a traffic hearing with my minor son.

During the past two years, I have provided the Fresno FBI with approximately 65 pages of evidence of:

1.  Information and audio recordings proving that I was falsely arrested and assaulted by the deputies.

2.  Grand Jury Tampering by Merced County Counsel James Fincher of the investigation of my arrest.

3.  Proof that the Merced County Sheriff’s Department Citizen Complaint about the  false arrest had not been investigated and disappeared.

4.  Confirming that the FBI Was Ordered Not to Investigate Color of Law Abuses by Merced County 

Fresno FBI Agent Robinson,  referred to the above as  a ” stack of information.”

There is no voluminous stack as you can see from the fax cover indicating the number of pages.

Agent Robinson was saying that just to be insulting and demeaning.

I am currently scheduled to go to trial in March to defend against the charges of my arrest.

 – – –

Merced County DA Morse told me that no charges would be filed against me provided I didn’t file litigation against them for police brutality.

I told him in polite terms to go to hell.

[/ENDQUOTE]

While I pick up the tone of the blog (it’s full of graphics and illustrations), this is not my case, except that it’s clear that a real habit of rounding up whistleblowers and doing things to silence them and just “lose” their complaints is becoming just too routine.
So here’s another one — which is how I learned about “Sassowers” and the Center for Judicial Accountability
HERE is a November 17, 2004 letter from a Southern California Attorney on behalf of “Elena Sassower” who apparently was incarcerated for speaking these 23 words in a Public Hearing.   The letter describes the situation, as the attorney writes “President Bush” and “Sen. Orrin Hatch” about the situation and asks them to release her before Thanksgiving.  The letter also summarize his previous, 11/8/2004 letter.
It is self-explanatory, and short enough . . .  On 5/22/2003, in a PUBLIC HEARING on the Judicial Confirmation, she said these 23 words, from the back of the room, and respectfully:
[QUOTE:]

Mr. Chairman, there’s Citizen’s Opposition to confirmation of Judge Wesley based on his documented corruption as a New York State of Appeals Judge. May I testify?

[/ENDQUOTE]
see the link for more details, or look up on-line yourself.
Here’s the opening comments from her 2004 “trial” posted at http://www.tulanelink.com/tulanelink/sassower_04a.htm
[QUOTE:]

Congress shall make no law … abridging the freedom of speech … or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

First Amendment,  U.S. Constitution

Having failed to elicit any response from members of the Senate Judiciary Committee with whom she corresponded concerning her opposition to the confirmation of Judge Richard Wesley to the Second Circuit Court of Appeals, Elena Ruth Sassower journeyed to Washington to attend the Committee’s hearings on May 22, 2003.  The Committee was ready for her.  Denied the opportunity to participate in the “public hearing,” Sassower rose from her seat upon adjournment and requested permission to make a statement, whereupon she was handcuffed, jailed, and eventually put on trial for “Disruption of Congress.”  Her trial commenced on April 14, 2004 in D.C. Superior Court in front of a jury, Judge Brian F. Holeman presiding.  Sassower’s prepared opening statement to the jury is reprinted below.


My name is Elena Ruth Sassower, and I am the criminal defendant charged with “Disruption of Congress.” As you know, I am acting pro se, which means I am representing myself. Since I am not a lawyer, Mr. Goldstone is assisting me as my attorney-advisor. The reason I am representing myself is because this is a case about fundamental citizen rights — and, in such a case, I felt it appropriate that one citizen speak directly to other citizens.
You are not here because you have nothing else to do. You all have busy lives, and you have taken time from your work responsibilities and family obligations to be here. It is, after all, your civic responsibility, living in a country whose founding document — our U.S. Constitution — begins with words which our Founding Fathers wrote large, “We the People.” So, too, I am here because of my civic responsibility. Not because I had nothing else to do on May 22, 2003 — or because it was easy for me to travel from New York to Washington to be at the Senate Judiciary Committee on that date.
Nothing that is said in these opening statements is evidence. The evidence comes from the witness stand. I promise you that this criminal defendant will be embracing her right to take the stand in her own defense. Therefore, it would be wasteful and disrespectful of your time and that of the Court to make a lengthy opening statement — which is not evidence. Better to reserve it to when I can speak under oath.
However, I will tell you — and will prove to you over the course of the next few days — that the criminal charge against me is not just bogus, but malicious.

Apart from everything else, the evidence will show that the Senate Judiciary Committee’s public hearing to confirm New York Court of Appeals Judge Richard Wesley to the Second Circuit Court of Appeals was already over when, as coordinator and co-founder of the Center for Judicial Accountability, I rose on behalf of the citizens of New York State and the Second Circuit to respectfully request to testify with “citizen opposition” to Judge Wesley’s confirmation to the Second Circuit Court of Appeals. This, based on his documented corruption as a judge on New York’s highest state court — our New York Court of Appeals.

The evidence will also show that at the Senate Judiciary Committee — if not at every other committee of the Senate and House — it is unprecedented to arrest a citizen for respectfully requesting to testify at a public committee hearing, even when it is not over.

[/ENDQUOTE]
This is how I came to learn about CJA (although it turns out I’d breezed past some of the related websites over time, seeking help for my own case):  here’s an After and Before photo of Ms. Sassower, in which we learn she was a 48 yr old Brown graduate and Hebrew School teacher, for Pete’s sake!
[QUOTE:]
Judicial Watch
Citizen Activist & CJA Founder is released
from D.C. jail after serving 179 days for respectfully
requesting to testify at a U.S. Senate Judiciary
Committee Public Hearing.

LATE BREAKING NEWS
FOR IMMEDIATE RELEASE  
Thursday, December 23, 2004
Contact: Harold Somer, 212 541 4838
or cell phone 646 236 6492
CJA: 914: 997-8105
email:  judgewatch@aol.com

JUDICIAL REFORM ACTIVIST ELENA RUTH SASSOWER FREE, FREE AT LAST!
Washington D.C. —   Prisoner of Conscience Elena Ruth Sassower, who has been called “the Rosa Parks of the judicial reform movement” for her efforts to get rid of “back of the bus” justice, was released today from the DC Jail in Washington DC 20003.   48-year old Brown University graduate, Hebrew School teacher, and youth leader, has served an unprecedented six month sentence for a “Disruption of Congress” charge in violation of First Amendment rights.
. . . .
Judge Wesley was one of five judicial nominees of President Bush, whose nominations were before the Senate Judiciary Committee. Wesley’s was a lifetime appointment to a federal judgeship on the U.S. Second Circuit Court of Appeals, which reviews federal district court appeals, including from New York. All five were confirmed after a two hour “rubber stamp” hearing, with politically pre-arranged guaranteed confirmation, Ms. Sassower’s was the lone voice to express intended opposition at the Public Hearing.
{{Apparently no one else was paying attention, or they were too busy?  or too afraid?}}

In a statement issued by Doris L. Sassower, Cofounder and Director of the Center,** which has been documenting judicial corruption for years, she says: “I am very proud of my daughter’s triumph of endurance to withstand the heinous conditions to which she was wrongfully subjected in Jail. We should honor her heroism and courage in standing up to governmental tyranny for all Americans, performing their duty as citizens to defend our Constitution and Bill of Rights here at home. Our First Amendment was designed to protect Americans from abusive police state tactics employed to suppress legitimate and properly expressed dissent. On the law and the facts, the government had no criminal case. What it had was a judge who was a political puppet and showed his bias from start to sentence.
[/ENDQUOTE]
And this is how I learned where Elena got some of her courage (and knowledge) from — her mother is an attorney as well.  Er, WAS….
READ ON, from the “OUR HISTORY” section of “CENTER FOR JUDICIAL ACCOUNTABILITY,” (inc. in 1994 in New York — and I checked).  They were tired of the party politics of tradeoffs which included Judge-ships as part of party politics:
From  CENTER FOR JUDICIAL ACCOUNTABILITY  (color-coding is mine, to help keep the parties & issues straight)
[QUOTE:]

What began as a local effort by a group of citizens to fight political manipulation and dishonesty in local judicial elections has become the impetus for a national organization.  

In 1989, the Ninth Judicial Committee, a grass-roots group in the Ninth Judicial District of New York State, just north of New York City, was formed to do something about written Deal between the Democratic and Republican parties trading seven judgeships over a three-year period. By the Deal, the parties agreed to “cross-endorse” the same judicial candidates, effectively disenfranchising voters of their constitutional right of election — the major party slates being identical.

The Deal, which also provided for contracted-for resignations to create new judicial vacancies and a split of patronage, was thereafter implemented at judicial nominating conventions that violated the most basic Election Law safeguards. The Governor, the State Board of Elections, the State Commission on Judicial Conduct, and bar associations refused to investigate.

Consequently, in 1990, the Ninth Judicial Committee spearheaded litigation to challenge the Deal and the judicial nominating conventions. The litigation was dumped by the courts in decisions which violated fundamental legal standards and falsified the factual record.   

In the ensuing years, the Ninth Judicial Committee worked tirelessly to expose the political corruption of judicial elections in New York, as well as of the so-called “merit selection” of judges to New York’s highest court.  In that connection, in 1993, we twice testified before the State Senate Judiciary Committee. 

The Ninth Judicial Committee also undertook a ground-breaking six-month investigation of the federal judicial nominations process. Our fully-documented study, submitted to the U.S. Senate in 1992, established the deficiencies of the screening process upon which the President makes his nominations of our lifetime federal judges. In 1993, we presented that study and other documentary evidence to the National Commission on Judicial Discipline and Removal to refute its methodologically-flawed report as to the adequacy of existing mechanisms for disciplining federal judges.

By 1993, the Ninth Judicial Committee, having far transcended its local origins, inspired the formation of the Center for Judicial Accountability (CJA), which became formally incorporated in 1994.

 [/ENDQUOTE]

If the screening process for the US President to nominate LIFETIME federal judges is deficient — and how many parents, others, with serious issues — hope to present them at the FEDERAL level which deals with serious issues, like civil rights violations, or other violations of FEDERAL (US) law — then what hope remains for justice?   We have hoped to get beyond cronyism in local counties –sometimes even states — but if the FED judge-ships are gone, then what hope is there for the entire system?
In 2003 & 2004, the Judiciary Committee then in session made it clear EXACTLY what it felt about women (these WERE women…) speaking “out of turn” even if they had every right to speak.  Perhaps their insistence on their First Amendment Right might be contagious and others might catch it — so Lock Her Up it was (this happens to Hims as well, we know).  She was also asked as condition of her (Elena’s) release to sign some totally unacceptable conditions, including “anger management classes” which the attorney writing out then-President Bush (in a  footnote) likened to Soviet indoctrination camps.
WHICH is basically the same idea, and where this is — FYI — headed, unless PEOPLE (as in “we, the…”) stop it!    This was in Bush’s FIRST administration, and he’d already set up that faith-based office, too.
ANYHOW — here comes CJA and they are speaking up.  They have FIRST-hand experience of retaliation by judges upon their lives, and so mince no words in dealing with the problem.  Here’s Elena’s mothers prior experience (also overlaps with the timeframe of the Ninth Judicial Committee).
Much of the material re:  DORIS L. SASSOWER is posted right on the CJA site.  Here’s a 1989 letter stating she’s a member in good standing of the American Bar Foundation (Exhibit B-2)  She has been concerned about JUDICIAL SELECTION PANELS since 1971 (funny how many of us even think about that?  Are we that involved in our local government?) .  Here’s a Letter to the Editor (June, 1991 — 20 years later) on Cross-Endorsements .
And a NYT Op-Ed Oct. 26, 1994 “WHERE DO YOU GO WHEN JUDGES BREAK THE LAW?
(READ!)

This shows how her law license was suspended:

immediately,

indefinitely, and

unconditionally

. . .with no notice of charges,

no hearing,

no findings of professional conduct,

and no reasons.

The op ed, written three years AFTER, updates us, that there has been allowed:

no hearing on the basis of suspension, and

no appellate review.

And then she asks:  “CAN THIS HAPPEN IN AMERICA?”
Because obviously it did.   At the time her license to practice was suspended, she was pro bono in a voting rights case about this cross-endorsement practice.   It also said she had a career history of family law reform and equal rights.
And we wonder why some family law attorneys tend to sell us short on their demands.  They want to keep practicing!
(October 26, 1994 — what a Halloween Nightmare for her.  This is also the year the the Violence Against Women Act was passed in Congress….)
. . . . . . . . . Doris Sassower was honored as an early feminist, too, in fact among “Feminists Who Changed America:   1963-1975
I imagine Rick Santorum would call her “radical” even now, about 40 years later…..  But then again, isn’t he IN his forties?
http://soundviewmanor.com/pdf/book_packet.pdf
(Please do click on it and see the photo of Ms. Sassower with Gloria Steinem.  For a reminder, in 2005, or so, Gloria Steinem also had a letter demanding some accountability on the HHS spending towards fatherhood funding, IF I remember it right….)
[QUOTE:]

WPCNR LEGACIES OF WHITE PLAINS. From Center for Judicial Accountability. December 7, 2006: Doris L. Sassower, of White Plains, NY, a leading feminist lawyer who, at 35, was the youngest President of the New York Women’s Bar Association, is profiled in the just- published book, Feminists Who Changed America, 1963-1975. “The women’s movement was, apart from the civil rights upheaval, the major social revolution of the 20th century,” says Sassower.

White Plains’ Doris Sassower, right, with the feminist icon, Gloria Steinem at a reception at Columbia University, celebrating the publication of Feminists Who Changed America. Photo, Courtesy Center for Judicial Accountability.

The book, edited by Barbara J. Love, was released on November 13. Publication was celebrated with an all-day gala event at Columbia University and Barnard College in NYC, sponsored by the Veteran Feminists of America. The program included a symposium on the women’s movement at Columbia Faculty House, followed by a reception hosted by Barnard President, Dr. Judith Shapiro, and dinner honoring Sassower and feminists such as Gloria Steinem.

Sassower battled her own profession for years, and galvanized bar leaders into action that won greater equality between the sexes in and outside the legal profession. In 1993, {{actually, 1994}} she co-founded the Center for Judicial Accountability, Inc., a national, nonpartisan, nonprofit organization, based in White Plains, NY, which she describes as “documenting the corruption of our federal, state, and local judicial nominating processes for appointment, as well as for election, and of all remedies for redress of judicial abuse and other misconduct.” Find out more at http://www.judgewatch.org

Her articles, speeches, and legal cases challenging sexism, as well as other papers, are archived at the Schlesinger Library of Harvard University.

[/ENDQUOTE]

Here’s some of her credits (from same link).  I’ll use the quotation mark:

Sassower, Doris L. (1932 – ) It was her “second-class citi- zen” experience at NYU Law School as one of six women in the 1955 class that turned Sassower into a future leader of the women’s movement. By 1968, at age 35, Sassower was elected president of the New York Women’s Bar Association. Her 1968 Trial Magazine article, “What’s Wrong with Women Lawyers?” concluded that nothing whatever was wrong with women lawyers but the discrimination against them in the legal profession, reflecting the societal sexism of the time.

In February 1969, Sassower presented these “radical” views to the National Conference of Bar Presidents, the first woman ever invited to do so.

In that same year, four years prior to the U.S. Supreme Court ruling in Roe v. Wade, Sassower led the New York Women’s Bar Association to become the first bar association to endorse repeal of New York’s abortion law. In April 1970, Sassower co-convened a national conference on Breaking Down the Barriers in the Professions. More than 500 professional and academic women from across the country and abroad listened to documented reports on the unequal status of women in America. This, she says, led to the formation of the Professional W omen’s Caucus, the first respected professional support for what became known as the women’s movement. In 1971, as head of PWC’s legal arm, Sassower filed a class action complaint against every American law school receiving federal funds, based on their identified discrimination against women.

Sassower brought a test case under NYC’s human rights law and made new law for women by expanding city and state jurisdiction to include financial institutions and credit houses under the rubric “public accommodations.” In 1972, she became the first woman practitioner nominated at a judicial convention for the New York Court of Appeals. She also became the first woman named to the New York State Bar Association’s judiciary committee, serving for eight years. Sassower’s advocacy skills transformed the world for women and men, particularly in family law.

It’s in this arena of family law it gets interesting:

By the early 1970s, she had become known as “the mother of joint custody,” also arguing-well before the U.S. Supreme Court so ruled that statutory denial of alimony to men was unconstitutional sex- stereotyping. In 1977, Harvard Law School hung her portrait as part of its 25th anniversary celebration of its admission of women. Her pioneering efforts have been recognized nationally. In 1981, NY State NOW honored her with a Special Award for “outstanding achievements on behalf of women and children in the area of family law.” Since her retirement from law practice, Sassower has worked, pro bono, as co-founder and director of the Center for Judicial Accountability, Inc. In 1997, she won a national Giraffe Award, given to those who “stick their necks out for the Common Good.” In addition to her J.D. from NYU Law School (1955), Sassower holds a BA from Brooklyn College (1954). She has three children. Archives: Schlesinger Library, Radcliffe Institute, Cambridge, MA. (ABS)

Love, Barbara, ed. Feminists Who Changed America 1963-1975. Chicago: University of Illinois Press, 2006

This is where it becomes interesting, where this Equal Custody cuts across domestic violence protections, and harms situations where one parent is abusive, particularly notable in marriages or partnership which are in either a backwater or a backlash to feminism, and so even more restrictive on the women during marriage, including their ability to work.   In this circumstance, the “Equal Parenting” theme — shared by men’s rights groups and fatherhood promotion, and now ensconced into welfare policy under “access/visitation” has created another type of divide between certain feminists and mothers struggling to protect their children in the same family law courts. ..      The reasoning here simply didn’t take into account that the family law arena would absorb criminal matters, and treat them (again) as PRIVATE matters, which they are not.
So I found THIS link (1970s) very interesting, part of an interview of Doris Sassover, from 1977:

“By and large [the women’s movement]

has hurt women in divorce court more than it has helped them.”

Why? Because there is still an ingrained male chauvinism in our court system resulting from judges who punish women for not conforming to their own standards of behavior—wives who have asserted themselves in order to have careers or more than one role. Women on the bench are often of the same generation and no different. Aren’t things better for women in states with no-fault divorce laws?

One must differentiate between no-fault divorce, where fault is not a factor in a separation, and fault as a factor in the award of alimony. No-fault divorce, of which I am in favor, is a humane approach, but in some states it has been adopted without sufficient thought. The new laws simply permit husbands and wives to terminate a marriage unilaterally without providing for financial security or property rights for the wife.What about the stereotype of the divorced man who complains about being “taken to the cleaners”?That is a popular idea, but it’s a myth…

NOTE:  this was 20 years before welfare reform, and we can see a dollar went further in those days — average attorney cost $100/hour ???
[QUOTE:]

Who Should Pay Alimony?  Divorce Lawyer Doris Sassower Offers a Surprising Answer

By Sally Moore, Dick Friedman

Currently, one out of three American marriages fails. When it happens, lawyers—at fees averaging $100 an hour—try to untangle the two knottiest and frequently bitterest problems divorce brings: child custody and alimony. In the case of alimony, both men and women charge that the present laws are economically and socially unjust, and many states have enacted or are pondering changes in legislation. According to New York attorney Doris Sassower, 44, even the best-meaning proposals are often based on myths and sometimes make the aftermath of a divorce worse—especially for women. Past president of the New York State Women’s Bar Association, Sassower has been a lobbyist for women’s rights legislation, but because in her legal practice she represents both sexes, she prefers to be called a “human rights attorney.” She is married to a lawyer and is the mother of three girls. {{who are the others, I wonder now, in 2012!}} In her Park Avenue office, Sassower discussed alimony with Sally Moore and Dick Friedman of PEOPLE.
What are the changes you see in alimony law? Most states are catching up with the idea that divorce laws should be de-sexed—that sex should not be the criterion for an award of alimony, nor should the award be based on fault but on the economics of the situation. How do new trends in alimony affect child custody? 

More and more men are assuming the child-rearing roles and asking for exclusive or joint custody of children. In such cases, it is justifiable for a man to ask for alimony and child support. 

Are women taking a greater initiative in seeking divorce? 

Yes. An increasing number of women want a divorce, particularly in marriages of long standing, and their husbands not only don’t want divorce but fight desperately to prevent it. I have handled any number of cases where the men will not let go to the point where women are so wretched they are willing to forget what the law entitles them to. 

Why are men resisting divorce? 

It’s a blow to their male egos. It isn’t possible for them to think their wives no longer want to live with them. They rationalize by saying they can’t afford two households. That’s a valid argument, but often not the true issue. 

Why have these changes been so long in coming? 

Because there is a legal tradition of divorce being a battleground. For example, in New York State, until 1966 adultery was the only grounds for divorce. **This set up the ugliest situations, all unnecessary because inevitably there were other reasons to dissolve the marriage. 

{{**only reason allowed in the Bible, that I’m aware of, either..  Then again, at the time, the penalty for adultery was death by stoning..}}
How often is alimony awarded? A recent national report concluded that alimony is awarded in only 14 percent of divorce cases. Moreover, the bulk of alimony awards are totally inadequate, and enforcement is a travesty. The same study concluded that only 46 percent of women awarded alimony collect it regularly. The process of collection is like rolling stones up a hill. Why are women unjustly treated? 

Quite simply, in many states the laws are an obscenity. In some states, there are no provisions for an equitable division of marital assets. They are distributed basically in accordance with whoever owns the title to the property—usually the husband. In New York still, if a husband can prove his wife guilty of one act of misconduct—regardless of his actions or what provoked her—she loses all chances of alimony. And if the case has to be litigated, a woman often can’t find a lawyer to represent her. She has no money, and all the marital assets are in the husband’s name. I have seen millionaires’ wives in that situation. 

Don’t husbands have to pay their wives’ attorneys’ fees? 

Counsel fees are awarded at the discretion of the court. That usually takes months, and often the amount is so small it deters a worthwhile attorney. 

Has the women’s movement helped? 

By and large, it has hurt women in the divorce court more than it has helped them. 

[/ENDQUOTE]
SO, interesting, huh?  I see two things — that the domestic violence advocates appear not to have been talking too diligently to these feminists, and the latter may have not understood that by the 1990s (if not late 1980s) we (the US) were in a definite “Jim Crow” era as to women’s rights as actually having merit.  Also recall that by the 1980s, the Internet boom had not yet taken off (far as I know).  The country had only recently been taken off the gold standard, etc.    As of the 1990s fatherhood and the fatherlessness crisis was up and running.  I didn’t notice because was in my own abusive marriage by then, but I sure did notice that there was a serious backlash to anything smacking of independent thought or action, based on my gender and talked about as such.  It took YEARS to get free, and now I have to turn the TV on and listen to a male-dominated religion, with a Republican Primary figurehead, spouting off about how forcing religious groups to violate their “conscience” by allowing women contraception (see top issue, where the 19 year old mother of two was raped by the police officer.  Under Santorum, she’d have to bear that guy’s child too, no doubt….).
What a situation, for this person to then witness her own daughter incarcerated for about six months primarily for SPEAKING and for STANDING ON HER CONSTITUTIONAL RIGHTS (first amendment) in a PUBLIC HEARING!
People who have been through such things –as both Sassowers have, it seems — do not go for “train the judge” theory as do the Center for Judicial Excellence groups and friends, which is the general theme in their conferences, and publications — that experts such as ourselves have to train others to detect domestic violence in a custody matter (OH?) . . ..   Not that the judges actually might be dishonest, corrupt, or even on the take . . . . .
HERE (from the site) is a partial (the top) list of what the CJA actually does — they focus on the JUDICIARY which I think is appropriate — they do more  than complain about “Battered Mothers Losing Custody” (even though battered mothers do lose custody) — they focus about process and actually have sensible (to me) solutions:
They do not, as CJE seems to recommend, seem interested in forming more task forces and commissions, and actually think this will change something.

A national, nonpartisan,
nonprofit citizens’ organization
documenting how judges break the law
and get away with it.

Our Mission . . .

To improve the quality of our judiciary by removing political considerations from the judicial selection process and by ensuring that the process of disciplining and removing judges is effective and meaningful.

What We Do . . .

  • Educate the public about the paramount importance of the judiciary and its role in protecting our constitutional form of government.

  • Document the nature and extent of judicial incompetence, abuse, and dishonesty and the failure of judicial conduct commissions and screening panels to protect the public.

  • Network judicial activists and legal reform groups around the country to promote citizen involvement, concerted action, and protection for judicial “whistleblowers”.

(etc.  /ENDQUOTE]
ALSO, a seemingly related (or, working along the same lines) group, explains why GRAND JURIES DO NOT WORK and what is the real purpose of COMMISSIONS FOR JUDICIAL PERFORMANCE (whose function is to whitewash complaints the public, including even police officers, and insulate the judiciary from the effect of any CITIZEN-controlled, versus JUDICIARY-controlled, Grand Jury).
#########
J.A.I.L. recognizes this can be achieved only through making the Judicial Branch of government answerable and accountable to an entity other than itself. At this time it isn’t, resulting in the judiciary’s arbitrary abuse of the doctrine of judicial immunity, leaving the People without recourse when their inherent rights are violated by judges.
[QUOTE:]
http://www.jail4judges.org/J.A.I.L._News_Journals/2004/2004-07-03.html
Why Grand Juries Do Not Work
(By Ron Branson – J.A.I.L. Founder & CIC)
The other day, while sitting in a restaurant, Barbie said to me, “Look, someone left a newspaper,” and she handed me the Sunday Los Angeles Times. As I took it, out fell a center section entitled, “Civil Grand Jury – Los Angeles County 2003-2004. Final Report – June 24, 2004.” Ironically, this “Final Report” is only published once a year, and here it was in my hand as if the Lord wanted me to see it. I left the entire paper at the restaurant and took only this report. I already knew I had in my hands the makin’s for a very good J.A.I.L. News Journal.
. . . .{{so we deduce Mr. Branson is a believer.  however, that’s not why I’m posting this here.  I’m posting it because it answers MANY questions I’ve had about where should (what’s left of life energies) focus be put, when it comes to reform? Because it’s increasingly clear that too many judges KNOW they are totally out of control, and don’t seem to care much about it, either.  More upcoming on that topic soon…}}
Ah, we now have learned that the Los Angeles County Civil Grand Jury is hand-picked by the judges, their foreperson is selected by the presiding judge, and the Supervising Judge oversees the Grand Jury. Yes, folks, it is judges both coming and going when it comes to the Grand Jury. It is virtually a hand-picked committee by the judges, for the judges, and of the judges, and they even oversee it. But hang on to your hats, there is more shocking news forthcoming about these judges before I lower the boom in this Report.) I’m saving the best for last.
We all know that Grand Jurors are autonomous, that is, they can think for themselves, act for themselves, and they can follow corruption no matter where it goes – right?  There is no one within their territorial jurisdiction that is beyond their reach. At least that is what we have thought. But wait a minute. We are told in this report, “The Civil Grand Jury cannot investigate the Judiciary.” What’s that? Judges are the only branch of government within its territorial jurisdiction that is off-limits to them. Let me quote that again, “The Civil Grand Jury cannot investigate the Judiciary.” Notwithstanding anything these judges do, this Grand Jury cannot investigate them, for they have no jurisdiction, and these judges enjoy immunity regardless of how corrupt they become.
[/ENDQUOTE]
This will take some reading and thinking — and I’m not going to spoonfeed it a lot more to readers.  Chew your own meat!    But it’s clear situations are beyond “out of control” — we are heading towards what a friend of mine recently called, becoming in the US, a “Banana Republic”  (look it up!).
Based on the power — currently being freely exercised — by judges to terrorize individuals not just IN their courtrooms on some cause, but even those that are NOT engaged in litigation presently — and to attempt to seriously silence whistleblowers with incarceration, including young or old, and male or female — (that goes for the judges, too) — and to totally take justice into their own hands, and conference nationally about HOW TO KEEP IT THERE — I think that things have to change.  Fast.
By the grace of God (and if I get the work done!) — within the next week I intend to post some sites outlining the development of “judicial commissions” statewide, as well as the gradual implementation across the US of the Department of Children and Family Services in various executive departments of the states.  I have been seeing how the offices are being used by interests outside the state to standardize justice according to a Corporate/Foundation/Government (i.e. ,Federal Government) wide statute, and really, truly prepare the US as a country to blend in with other countries who do not have bills of rights, who DO have national churches or religions, some of them horribly abusive towards women, and in general remove the concept of individual rights from the face of the planet, except when it pleases those who have the power to call up on that tune to keep it.
J.A.I.L. acronym is not saying, go around jailing judges.  it’s reminding us that we have this power to put them in jail should it become necessary to criminal behavior (and failing to get in line with the Constitution).  It also is a reminder that this is what judges are doing to people, without cause — especially people critiquing them, or speaking out against serious taxpayer fraud and violations of their own state constitutions.  Which brings us to Richard Fine case too — and he spent 18 months, not 180 days — in coercive solitary confinement, got disbarred also, and was economically hurt (he was married, they lost their house, I heard) — for being “vexatious” litigant.
By the way (I didn’t post the link, but found it on Justia) this was also leveled against Ms. Sassower (at the time divorced) and Ms. Sassower (Brown grad) also — but that’s another day.   I can see they were definitely a thorn in the flesh, which is as it should be.  Often our so-called short suits are really our best fighting points…..
[QUOTE, from the J.A.I.L. site:]

Lives and finances are being ruined, properties are being lost, innocent people are going to jail, and families are being torn apart and destroyed.

Attorney Richard Fine was in for jail for fifteen months beginning March 4, 2009 because of his discovery of illegal payoffs by the Los Angeles Board of Supervisors to Los Angeles County Superior Court Judges as annual salary bonuses. These payoffs began in the late 1980’s. Because of Richard Fine a hurried attempt to make these payments retroactively legal was made with the passage of California Senate BillSBx2-11

[/ENDQUOTE]

Here he is, apparently, being led off:

Please Sign Petition – Free Richard Fine // Por favor, Firme la petición – Liberar a Richard Fine

RICHARD FINE was arrested on March 4, 2009 and is held since then in solitary confinement in Twin Tower Jail in Los Angeles, California, with no records,  conforming with the fundamentals of the law, as the basis for his arrest and jailing. 

Richard Fine – 70 year old, former US prosecutor, had shown that judges in Los Angeles County had taken “not permitted” payments (called by media “bribes”). On February 20, 2009, the Governor of California signed “retroactive immunities” (pardons) for all judges in Los Angeles. Less than two weeks later, on March 4, 2009 Richard Fine was arrested in open court, with no warrant. He is held ever since in solitary confinement in Los Angeles, California. No judgment, conviction, or sentencing was ever entered in his case.

Please sign the petition: Free Richard Fine –

http://www.thepetitionsite.com/1/free-fine

SPEAKING OF UPCOMING PRESIDENT’S DAY — a NJ MOTHER, desperately trying to get a restraining order because boyfriend had threatened to kill her if she terminated the relationship, choking her, was told no cops available, it was a holiday — “take it to family court.”

NOTE:  The Domestic Violence and for the most part, the Professionalized “protective parent” industry treated Mr. Fine’s case like dirt — basically ignoring it.  While people all over the country, men and women, are going to jail over child support, or reporting abuse — certain entities ,year after year, picked certain poster child (or adults, as the case may be) they wanted everyone to free, including “FREE ELSA NEWMAN.”   I find this odd….  What about the person who caught California withholding millions of collected child support distributions from needy families?  Doesn’t he merit a little protest?

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.”
~Thomas Jefferson, “The Declaration of Independence.”

Ron Branson explains how his experience of being tasered by LAPD relates to his formation of J.A.I.L. — no decision was rendered in his suit, so he could not appeal (it’s starting to sound familiar)  Link also has video of man with (it says) pregnant wife and baby in car being tasered painfully for asking what he was being stopped for.
The Police are there to serve and protect.  Here’s what happened in 2010 when a young mother, of a young daughter (not yet 4 months old) pleaded for help, to save her child’s life — when the father had, after she fled him (which he threatened to kill her for doing, allegedly) begun to include the child in his threats.  She knew about protective orders and BEGGED for one — but it was a holiday:
[QUOTE:]Courthouse News Service
Cops’ Day Off May Have Been a Fatal Mistake
By CHERYL ARMSTRONG

http://www.courthousenews.com/2012/02/10/43776.htm

NEWARK (CN) – A grieving mother says in Federal Court that an abusive ex-boyfriend threw their infant daughter over a bridge and into the icy Raritan River after police officers refused to intercede because of the Presidents Day holiday.
Venetta Benjamin claims that her relationship with Shamsiddin Abdur-Raheem became physically and verbally abusive about one month after she learned she was pregnant.
{{which is often when such abuse begins}}
Benjamin says she fled to her mother and then to the East Orange Police Department (EOPD) when the threats became more frequent and started to involve her daughter.
     Benjamin says she tried to get a domestic violence temporary restraining order (DV-TRO) against Abdur-Raheem on Feb. 15, 2010, but the attempt failed because it was Presidents Day.
“Despite entreaties by Venetta for protection for herself and Zara, EOPD personnel attending the front desk turned her away,” the complaint states. “They claimed due to the President’s Day holiday they could not help her and directed Venetta to report to the Superior Court of New Jersey Family Division-Essex County on February 16, 2010, to seek a DV-TRO.”
East Orange personnel “failed to contact the on-duty judge assigned to handle application for DV-TROs,” Benjamin claims.
But when Venetta went to the courthouse the next day, leaving her mother to look after Zara, Abdur-Raheem “forcefully kidnapped Zara,” according to the complaint.
“While on the Garden State Parkway, Shamsiddin stopped his car on the Driscoll Bridge and tossed Zara off the bridge into the frigid water of the Raritan River below which resulted in Zara’s death,” the complaint states.
     At the time of her death, Zara was three days shy of turning 3 months old.
[/ENDQUOTE]
The American writer: O. Henry (William Sydney Porter, 1862–1910),
coined the phrase banana republic.

BANANA REPUBLIC: (WIKIPEDIA)

[QUOTE:]

banana republic is a politically unstable country that depends heavily on exports of a limited resource (e.g. fruits or minerals), typically having a heavily impoverished lower class ruled by a much smaller wealthy elite. In political science it is more precisely defined as being dependent upon limited primary productions, and being ruled by a plutocracy that exploits the country by means of a politico-economic oligarchy.[1]

The term banana republic originally denoted the fictional “Republic of Anchuria”, a “servile dictatorship” that abetted (or supported for kickbacks) the exploitation of large-scale plantation agriculture, especially banana cultivation.[1] In U.S. politics, the term banana republic was a political descriptor first used by the American writer O. Henry in Cabbages and Kings (1904), a book of thematically related short stories derived from his 1896–97 residence in Honduras, where he was hiding from U.S. law for bank embezzlement.[2] It is generally considered pejorative.

In practice, a banana republic is a country operated as a commercial enterprise for private profit, effected by the collusion between the State and favoured monopolies, whereby the profits derived from private exploitation of public lands is private property, and the debts incurred are public responsibility. Such an imbalanced economy reduces the national currency to devalued paper-money, hence, the country is ineligible for international development credit and remains limited by the uneven economic development of town and country.Kleptocracy, government by thieves, features influential government employees exploiting their posts for personal gain (embezzlement, fraud, bribery, etc.), with the resultant deficit repaid by the native working people who “earn money”, rather than “make money”. Because of foreign (corporate) manipulation, the government is unaccountable to its nation, the country’s private sector–public sector corruption operates the banana republic, thus, the national legislature usually are for sale, and function mostly as ceremonial government.[3]

[ENDQUOTE]
Do we need much more evidence than that the “RARITAN RIVER BABY-TOSS INCIDENT”  the presence of the Family Courts enables police, who are to arrest for criminal behavior to then be prosecuted by district attorneys, provides them an “easy out”???  Or an indicator that the police and family law elements are indeed as coordinated as the Family Justice Center Alliance wishes them to be, resulting in more dead kids?
Or that restraining orders are no better than the paper they are — or are not — written on, signed by a judge or not signed by a judge?
This was how criminal elements of my case were handled, from the onset of family law case, until TODAY.  Police refused to enforce, and got upset with me when I asked them to, as well.   This includes attempts to REclaim my children after the father had abandoned them, too!   It was Criminal Law + Family Law AGAINST the individual parent, particularly female parents.
We (parents) don’t want to spend our lifetimes trying to sue for damages — we want to spend them with our ALIVE children!

This is a serious problem — and not even mentioned in the Task Force on Children Exposed to Violence!

There IS no alternative when justice is in a chokehold (or tasered, or bought out) than “We, The People” addressing this ourselves, in our proper stance — this is where the power to govern came from, and this is where it can be taken back from, should it turn to tyranny.
However, thanks to the power of media, distraction, confusion, ignorance of our legal rights, and most of all, the power of SILENCE on issues, is creating an increasingly passive population (except when it offends some religious sensibilities, it seems).

This has to change. Or, I suppose the alternative is to give it up and attempt a reverse immigration to a safer country for women, infants, and people who simply hold jobs, support themselves or their families, and are not trying to run the world or establish some universal utopia . . . . a “future without violence” — and without the conflict that comes from protecting one’s rights and confronting fraud, dishonesty, and myths.

Child Support System Eliminates Due Process: “No Judicial Signature Required” court orders, Built-in Conflicts of Interest, etc.

with 3 comments

Excerpt from a savvy mother’s letter to a Congressman requesting cuts to OCSE funding:

Support Congressman _____’s proposed deep cuts to the $4 billion of untraceable funding in the HHS TANF budget used to keep these pork barrell programs going unchecked. OCSE is encouraging support enforcement agencies to illegally usurp judicial authority on cases like mine to improperly capitalize on grant money. The federal HHS Office of Child Support Enforcement funding guidelines provide that the more families fight, the more federal money DCSS and the Court will receive. The Court is in charge of awarding these federal funds to the nonprofits, but also orders litigants to retain their services. Court and child support programs are required to collaborate with fathers rights nonprofits which service the courts, which gives these nonprofits a vested interest in the outcome of the cases. This incentivizes extortion, corruption, and fraud.

Anonymous (to you…) recent letter.  The reasons we should stop funding this — it’s untraceable, it funds litigation that destroys families and it literally does incentivize extortion, corruption and fraud.   I’ll quote more at the end of the post.

Today’s 5th most popular post, just now, was my “Let’s Eliminate the OCSE“, which begins:

No, that’s not a joke.  I’m serious.

Or, we could just continue to watch this institution gradually eliminate the Bill of Rights, and the U.S. Constitution, in fact the entire concept of individual rights whatsoever, in favor of social(ism) science run amok.

This post also ran amok (as you can see) but the links are valuable.

The OCSE has to go.  It’s out of control, and is hurting men, women, and children — generation after generation– while loudly proclaiming it is, instead, helping society, families and kids.

WHAT DO YOU WANT — A SOCIAL SCIENCE SOCIETY, OR LIBERTY?

Obviously, it’s either/or, not Compromise/And.  Even the experts know this

Good choice in posts…  This system fuels the courts, and is controlled financially by the HHS/OCSE (Federal Gov’t) which takes no real responsibility for what happens to the $4 billion or so (per year) enforcement expenditures after it hits the states, except as pertains to getting its investments back.  It also takes very little responsibility (if any) for actually getting “Undistributed/able Collected” child support to the children.  Moreover, in California, late 1990s, when an individual attorney tax advocate (employed by Los Angeles) DID take responsibility, filing a class action lawsuit to say (to the District Attorney)– start distributing those $14 million!  California apparently managed to somehow eventually dismiss the case, jail and disbar the 69 year old attorney (for a year and a half, solitary confinement).

As part of the last decade to 15 years of this single attorney’s work (Obviously not alone, but the cases he was on), it came out that the counties were paying the judges in the form of benefits (not only health insurance) — resulting in the Los Angeles judges among the highest in the nation, while some California counties paid their judges zero benefits.  These payments were in violation of the California Constitution as judges are to be paid by states, not counties.  They are state employees:  “no problem.”  A law granting retroactive immunity and (essentially) reversing the impact of the case won stating, counties are NOT to be

So, here are litigants, and almost every single parent in a custody “dispute” (battle) is going to have a child support order, if not issues with arrearages — and these are set at the County, not state, level.  At the county level also are diversionary and social experimentation programs (assigned by whoever oversees these matters, which would be a county employee) which can bring funds into the county and benefits to those running the programs (also often county employees) and here comes a man and a woman (generally speaking) with children; and unlikely that either one knows that these programs represent income to the people they are standing in front of (up to and possibly including the judge).  A court-appointed, county-paid mediator (or evaluator) is a county employee.  One who does regular business as an independent contractor with the court has a vested interest in decision-making that doesn’t undermine this person (or organization’s) own income.  Court transcriptionists are often county employee, and a transcript serves as a witness in a proceeding; it provides a record that can be read into following proceedings.

When the District Attorney’s office pursued child support on the basis that child support was an order, not an administrative glitch, there was more distance.  Unfortunately, at least in Los Angeles, that factor was abused.

Moreover, if the man (not the woman) is the noncustodial parent, there are wheelings and dealings surrounded the fatherhood grants which can affect how much child support reaches the other household. . . and I’ve already proved, neither HHS and a lot of states, knows the difference between what Dad paid and what Mom got, as filtered through the county.

Moreover, if the man is eligible for compromise of arrearages — which apparently there is a form to solicit — he can get it without a court order or a judge’s signature, because the form is an administrative form, not the result of a hearing.  (I’ve seen the form and will try & upload one; this also happened in my case, while children were in my household.  I was not informed, and when I tried to get full information, it was verbal and not written.  Had this been an actual hearing there would have to have been minutes and a record).   The employees deciding this are county employees — whether attorney, or child support official, or whomever.

There are multiple issues in the highly-charged matter of child support which are NOT conducive to due process on either side — obligor or obligee.  However, it’s clear that the federal influence is strong, and the federal influence at this point is highly “fatherhood” (fatherhood programs, that is), oriented.  And without due process, an essence of the U.S. justice system, not to mention the Bill of Rights to our Constitution, is gone.   What are we fighting for on foreign soils when we’ve lost it on our own?

MULTITUDE OF NEW OFFICES, JUDGES DEPENDENT ON HIS WILL, FUNDAMENTALLY ALTERING FORMS OF GOVERNMENT, MOCK TRIALS FOR MURDER.

Here’s a snippet of our snipped up, shredded, and basically shelved-by-technology “Declaration of Independence.”  This Declaration is UNIQUE to the U.S.A. and part of its heritage, even as organizations actually running and running around the courts continue to boast about how international they are, sharing practices with countries that are either socialist, or monarchies, which I find a little disturbing (I’m referring to the AFCC, Kids’ Turn, etc. and “affiliates”):

from The Declaration of Independence

He has obstructed the Administration of Justice by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.

Think about the importance of an impartial judiciary.  Because in this post we are going to talk about how California judges were funded, and what happened one person, in particular, who challenged the built-in conflict of interest, and how the California legislature responded to that challenge:  State vs. County control.  Or both.   And how this affects people whose issue — such as child support — is ruled upon at the County level.   We don’t have a ruling King (I think), or a ruling religion (I think) or a Pope. This country exists because those methods of government were rejected; the writers of this Declaration rejected rulership by religion, by tyrant or even benevolent monarchy; they’d seen enough.  They noticed who was paying the judges!

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance.

I think most Americans would now agree with this, excepting only who the “He” might be in this century.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

and, . . . for example:

For protecting them, by a mock Trial from punishment for any Murders which they should commit on the Inhabitants of these States:

..the following comment doesn’t apply specifically to this statement in the Declaration.  However, it is a comparison to the compromise against punishment for crimes inherent in the family law venue.

…  {{It wasn’t a murder because they were related; it was a family dispute.  The courts drove him to it.  He was beside himself for loss of his wife and children; financial distress drove him to it.

Mourad Samaan {A recent California custody battle-murder-suicide} disgraced his family’s name by failing to stick around and take responsibility (go to prison, face the death penalty perhaps) for murdering his innocent two-year old daughter,  what kind of cowardice is that, to kill a toddler?  What kind of man would do that?  On the other hand, he was not the only factor that enabled this.  He had almost fifty years of life; she not even three.  It also wasn’t a real abduction, just a parental one, which means the FBI (acc. to its rules) waited before sending out the alert, by which time it was already too late.}}

For taking away our Charters, abolishing our most valuable Laws and altering fundamentally the Forms of our Governments:

This has been intentional when it comes to family law, and the pace of alternation has been picking up speed; multiplying with the help of the internet and through various associations, mostly subdivisions of themselves based around the next business plan concocted during their conferences and/or trainings, which are then also sold on the internet or at conferences.  Part of the business plan includes selling product through the courts to start with.      My post today will discuss this.

For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

A word about “suspending Legislatures”

While our Legislatures have not been suspended, the process by which laws passed by them get circumvented has just about virtually suspended the entire judicial system — in certain categories of law.  I can’t speak to all categories, I am speaking FAMILY law.  The laws are (deceptively, to the naive) actually still on the books.  The “thou shalt not kill, thou shalt not steal, thou shalt not bear false witness” type laws.     So are the rules to protect and restrict abuse of judicial power and conflicts of interest  (to my understanding).  But they are not respected, often not known –rights we don’t know we have are unlikely to get respected just by existing, on paper (and electronically), SOMEwhere — and when they are known, what’s not known enough is how many forces are against their just and impartial enforcement in any given case.

AFCC takes credit for changing Divorce Process

Here’s an AFCC recruitment flyer.  It boasts 50 years of innovations in the court, “generating major reforms in separation and divorce.”

For almost 50 years, AFCC and its members have served as a catalyst for generating major reforms in separation and divorce. Dispute resolution processes such as child custody mediation, parenting coordination and divorce education are just a few of the innovative ideas developed by AFCC members.

Developed by AFCC members, but paid for by the public who did not vote on them, and was not included in the discussion of these ideas.  Possibly because the parents also most involved in the courts cannot afford the airfare and hotel accommodations (which, if they could, would not be tax deductible under “continuing education” as they are for court-professionals) if they even are alerted to who AFCC is and what they do to start with.  Paid for by the public includes through the IRS, and through Child Support system.  Mediation, Parenting Coordination and (mandated) Divorce Education – – alter the form of government.

The flyer is too modest.  Family law appears to have been conceived (pun intended) somewhere between (childless) Roger Alton Pfaff, a judge, and Meyer Elkin, a psychologist, somewhere shortly after women got the vote.   See “Shady Shaky Foundations” page, to the right.  In 1941, Pfaff was a California Assemblyperson.  By 1951 he was a Los Angeles area traffic judge.  (humorous article on the Judge getting stung by a traffic violation himself, 1959 from 2009 viewpoint).   (more of his speeches as L.A. Sup. Ct. Judge)  He was born 1907 in Iowa, unmarried, Republican, California legislator 1940-1942, and had visited every continent but South Africa (South Africa is a continent?) per “One Voter Project: One Voter | ElectionVolunteer | JoinCalifornia
Copyright © 2005-2011 Alex Vassar & Shane Meyers”

He was a legislator, then a judge.   AFCC “about us/history” page begins with a quote from Pfaff:

A Legacy of Innovation and Collaboration

The Association of Family and Conciliation Courts (AFCC) took root in California in the spring of 1963 with the creation of the California Conciliation Courts Quarterly, the first publication to promote the interchange of ideas between California’s conciliation courts. Judge Roger Alton Pfaff, presiding judge of the Superior Court of Los Angeles, wrote:

California has become a model for conciliation services as a part of the judicial function for other states to emulate and each year we find jurisdictions creating such services

I do believe I finally looked up their various incorporations (after the IRS and FTB started taking interest) and assure us that it wasn’t in 1963 this group at least incorporated, and began to actually pay taxes…  A 1994 Obit of Meyer Elkin credits him with founding the L.A. County “Conciliation Court”, and describes it, and his life:

Meyer Elkin; Founder of L.A. County Conciliation Court

April 15, 1994  (latimes)

Meyer Elkin, 78, founder of the Los Angeles County Conciliation Court. The unusual mediation unit, which he set up in 1955 as a part of Los Angeles County Superior Court, handles divorce and custody disputes and provides court-ordered counseling for the families involved. Elkin also founded and edited the professional journal Conciliation Courts Review and helped to found the Assn. of Family Conciliation Courts. After growing up in Brooklyn, N.Y., he began his career as a parole officer in Tuscon. A social worker deeply involved in community social problems, Elkin worked throughout his life to aid families and young people. After his retirement in 1977, he devoted his attention to what is now El Nido Family Centers in Los Angeles. He served on the board, as president and as an adviser to the nonprofit family counseling agency. Elkin earned the Koshland Award, California’s top accolade for achievement in social work, and the Leadership Award of the American Assn. of Marriage and Family Counselors. On March 17 in Beverly Hills of emphysema

OTHER CONCERNS ABOUT ALTERED GOVERNMENTAL FORMS & INFLUENCES:

Add to this there have been serious concerns raised by a Los Angeles-area man about the dual system of docketing; in other words, good luck trying to even read your own court order and get the original one.  Or, your own docket activity — register of actions in a particular case.  This man’s name is Joseph Zernik, and that’s not today’s topic.  But it is in the background.  This article mentions both the docketing and

  • The recent revelation in the San Bernardino County Sentinel that many California judges are receiving large and unexplained property “loans” which are possibly redolent of bribes and payoffs

(reminder:  Probate and family court are closely related).  Also, the inability to inspect one’s own record is outrageous!

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.

Moreover, here (scroll down some) is an account of what happened to Zernik after this was publicized —

On January 31, 2010, this reporter (link above; Janet Phelan), having toiled over pages
>         of Zernik’s evidence, agreed to write an article summarizing
>         his findings. Within a week, Joseph Zernik was arrested and
>         jailed at Twin Towers in Los Angeles. Joseph Zernik had never
>         been jailed before.

Note:  at this time, Richard Fine was still in solitary coercive confinement, of indefinite duration Los Angeles….

>         Zernik reports being pulled over on February 6, 2010 by the
>         LaVerne police. Zernik relates that the police did not inform 
>         him he had broken a traffic law nor did they write him a 
>         ticket. Instead, he states that he was asked if he were indeed
>         Joseph Zernik. When he replied affirmatively, he was told that
>         there were two outstanding bench warrants for his arrest and
>         that he was being taken into custody. The warrants, as it
>         turned out, were for minor vehicle related infractions that
>         were about two years old and which Zernik believed had been
>         resolved. Zernik, who drives an unusual and easily
>         distinguishable make and model of car, thinks he may have been
>         under surveillance.

>         What happened then and in a subsequent arrest on February 19th
>         is tantamount to a Disneyland “Mr. Toad’s Wild Ride,” littered
>         with court documents issued from non-existent courts, finessed 
>         records and computer irregularities of the type which Zernik
>         had previously pigeonholed as fraudulent in other cases.

The signs are everywhere that the legal/enforcement system has gone amok, and done around the simple topic of money.

Conflicts of interest:

It’s understood by the fact that judges actually must file a “disclosure” statement that “conflict of interest” compromises the judicial pro  cess.  NO PROBLEM!   Whether or not those on file are completely accurate, so much of the decision-making is outsourced anyhow, removing that stipulation, and setting up a labyrinthe of conflicts of interests players in the courts.

While these are many, they are most overtly funded by the huge, Title-IV (Welfare) Entitlement-Involved, and Federally Centralized (starting in the 1990s, the centralization escalated) Office of Child Support Enforcement (OCSE), a Program Office of the gigantic “Health and Human Services” (HHS) Branch of the Executive Branch of the US Government.

OCSE is parallel to the IRS in that it has the legal right to garnish your wages, tax intercepts, and jail you if you don’t pay up.  It also has the discretion to not enforce – at all — and compromise arrears without bothering to notify the parent whose household the children are in.  Courts then have the discretion to also bargain-down the amount owed (which accumulates at 10% per year, payments applied to interest only, at least in California) if the (father) participates in a wonderful federally-supported program of some sort — ALMOST any sort (parenting education, fatherhood, abstinence education, marriage promotion,).

The other programs supported by “Access Visitation” in particular are funding the industries and market niches I’ve been reporting on — parenting education, parent coordination, supervised visitation, mediation, counseling, and in general social science experimentation on captive audiences.  They are captive through extortion — either threat of financial destruction (to Noncustodial OR custodial parent, or both), and to the custodial parent, threat of financial destruction AND/or loss of children (or both).   Alternately, there is the option for REALLY bad parents (if one isn’t producing income to the counties from the federal programs) of sticking the child(ren) in someone else’s home, and attempt to get both parents to pay the state for this abuse.

The collected monies from child support system are NOT tracked properly and as I’ve shown, some states maintain an approximate balance (among the VERY few states, and VERy few counties within the states that, as far as I can see in GAO or HHS/OIG/OAS reports) of maybe $2 million at any time, but the same reports declare openly, they JUST DO NOT KNOW how much money is there.

UNMONITORED, OVERSEEN (sort of), UNDISTRIBUTED, UNKNOWN QUANTITIES of MISSING MONIES:

Among the multitude of nonprofits that are formed to catch this deluge of manna from (federal) heaven on a daily basis, we have been seeing how they are so excited about the opportunity that many of them “forget” to incorporate (and stay incorporated), register as nonprofits (which is the law in every state, as far as I know), they forget to file tax returns (federal) that the public can look at when income exceeds $100K and sometimes $1M per year.  The nonprofit use of “membership” corporations whose sole purpose is to start a new profession for their members — which will then take business from distressed families in a custody action — is increasing.  Attorneys, Mediators, sometimes judges, psychologists, psychiatrists, social workers, and people with previous, overt, connections to either the COURTS or the COUNTIES — form these organizations, which (again) are not properly monitored and do not obviously give a complete accounting of their monies to even the counties distributing the funds. Money transfers from hand to hand in unknown quantities to enable the specific oppression of individuals who otherwise, would be about their lives without feeling driven to stalk, harass, and/or kill each other, sometimes with a stranger (or police officer) or so in the process.  which in this environment, they now do.

TO REVIEW:  1990s-2011, Marv Byer, Richard Fine, Sturgeon v. L.A.. Lockyer-Isenberg Trial Court funding, SBX2 11 (retroactive immunity quickly voted for unconstitutional behavior by Counties towards Judges) and

Who’s Paying For These Courthouse Buildings?

When Marv Byer (seems like aeons ago) had some checks subpoenaed, checks were found written out to one organization, but cashed by another.  This would not have been discovered without seeing (subpoenaing) the front and back of the checks.  

Here’s the article.  It’s been posted before, it’s not new, but my point is — it took an accountant stuck in the courts to finally “check the checks.”

 “Is Justice for Sale in L.A.“?

by Kelly Patricia O’Meara, “insight on the news,” May 3, 1999:

Private bank accounts that benefit judges are at the heart of this brewing scandal — one that state and local agencies resolutely have failed to investigate, adding further suspicion. Bank accounts funded in part by fees from local lawyers and others involved in the family-court system are troubling litigants. Many feel it is impossible to know whether they’re facing a judge who has benefited financially from an attorney appearing before the court.

By the end of this post, it will be further clarified:

Former presiding judge Robert Parkin tells Insight that an account critics dub a slush fund is nothing more than “coffee-and-flowers” cash for the Los Angeles Superior Court Judges Association, or LASCJA. But documents obtained by Insight show the bank account served a great many purposes and that the judges’ association, a private organization, did not pay taxes on funds run through the account for the benefit of its members — who also would be subject to taxes.

“Documents obtained . . . show that the bank account …..”  They would not have known this without obtaining the documents.  How many of similar nonprofits, or judges’ associations (etc.), of this nature, are still around, and no one has even thought to obtain the documents, or done so?

Please review the next few paragraphs, which are varying accounts of what the “LASCJA” fund was for, and where it got its money from.  The first two speakers (Parkin and Maillano) were Presiding Judges (former, and then-current):

Judges often participated on their own time in writing articles for various bar groups and assisted in lawyer-orientation programs, seminars and the like with various bar associations. Often when judges declined payment for these services, the bar associations made donations to the judges’ association,” Mallano said. Former presiding judge Parkin confirms Mallano’s explanation of the LASCJA account to Insight, adding, “I think one judge edited a book or something and contributed the $20,000 he made into the account.” According to Parkin, taxes never were paid on any of the funds going into the account.

Parkin and Mallano’s description ignores a great deal of money moved to the LASCJA accounts — from direct payments by attorneys and other court personnel for minimum continuing legal education, or MCLE, classes to assorted “seminars” conducted by Superior Court judges — according to copies of banking records obtained by Insight.

The process by which the checks were being collected and deposited into the judges’ account raises still more questions about the LASCJA and highlights the perceived conflict that arises from the judges’ financial relationship to other child-custody professionals who work for the court.

Dozens of checks, obtained by Insight, deposited in the LASCJA account were made out to several other institutions, including the Judges Miscellaneous Expense Fund, the Judges Trust Fund, the Family Court Services Special Fund and the Family Court Services. These organizations are not registered with the IRS or the California State Franchise Tax Board, and if the Bank of America has accounts for any of them, the checks were not deposited in those accounts.

(Guess who gave me the original idea to actually check whether corporations doing business and collecting fees, exist?)

Not only were attorneys who argue cases before the family court making payments to the judges’ fund, but so were the court monitors — appointed by the judges and paid a professional fee of as much as $240 a day as observers during child visitations. These monitors qualify for their jobs by paying to take a training and certification course from the judges, with the check going to the fund, whereupon they are placed on the exclusive list the judges use when assigning monitors.

The Los Angeles County Bar Association’s contributions to the fund were payments to the judges run through a joint partnership with the court on MCLE classes. They split the proceeds from legal and professional seminars.

So, in addition to the ethical issues involved in how the bank account has been maintained, its funding also raises numerous legal issues, according to attorney Richard I. Fine, a taxpayers’ advocate. “If a private group [the LASCJA] is using a public building and everything associated with that private group is being paid for with taxpayers’ dollars, then it is clearly fraudulent,” Fine contends.

That’s the Richard Fine that got de-“Esq.’d” and thrown into solitary confinement for 18 months, after reporting this (and the $14 million of collected but not distributed child support that the local District Attorney’s Office was sitting on….Silva v. Garcetti . . .  for which the California Legislature then passed a law specifically to grant retroactive immunity (SBX 211) let the entire California Judicial System have to be shut down for taking bribes from the county in cases involving the county, sitting under judges which were paid, in part, by the counties.

Jan. 3, 2011, a “Lawrence John II” Riverside (CA) “Civil Rights examiner” (on-line reporter) writes of this SBX2 11:

In the recent Human Rights report presented by the United Nations in the year 2010, historically documented the hypocrisy of the United States of America.

It mentioned in its documentation, the Human Rights Complaint that I wrote on behalf of Dr. Richard Fine, documenting the torturous treatment of an American Citizen; Dr. Richard Fine at the hands of the California Judicial System and the Los Angeles County Sheriffs Department. 

And further, it documented that the California Judicial System is “out of control.”  The citizenry of California just kept their eyes closed when it’s Governor and Attorney General (now Governor) signed off on SBX-211.  If the ideological statement attributed to the legal mindset of the Judicial Branch of this Nation rings true…. “As does California, so does the Nation…”  Then California’s SBX-211 should be remembered as by its true name: Charon.  “Charon”, from Greek mythology is the Ferryman bringing the dead across the river Stix to hades.  For California’s SBX-211 was the deathblow to the once Honorable Judicial Branch of the United State Government.

That being the case, will the distant possibly of a “ninth civil rights act”, reaffirm what the United States Government can and cannot do?  Thus rendering the US Constitution as nothing more then an old, ink stained paper full of lofty ideals and impossible vision?  And if that comes to pass….  So does the Bill of Rights, for one cannot survive in its idealism and vision without the other.
Continue reading on Examiner.com The funny thing about Civil Rights… – Riverside Civil Rights | 

:

Letter from California Judges Association Opposes Elimination of Extra Judicial Benefits

Written by David GreenwaldWednesday, 21 July 2010 05:30

(in which they argue for extension of actually stopping these payments because it’s “arduous” to transition from county to state government.

Catch some of the comments; I posted 3 here:

“Alphonso” 7/21/2010:

Judicial salaries have been equalized throughout California and, at the direction of the legislature, the Branch has been working diligently to resolve the inconsistencies in judicial benefits,” he continued.”

I want him to explain why 17 years is not enough time. All of the County paid for benefits should be eliminated – that might improve the focus on completing the “Study”. This is nothing short of delay tactics so they can continue collecting money they are not entitled to and it is easy to consider that a form of stealing.

“Neutral”

The termination shall not be effective as to any judge during his or her current term while that judge continues to serve as a judge in that court or, at the election of the county, when that judge leaves office.

So how – *exactly* – will the decision affect any sitting judge? (Hint: it won’t.)

“courtwatch” 8/01/10: (almost entire comment):

The base salary of California judges already makes them the highest paid judges in the nation. Number One. Numero Uno. Here is the official National Judicial Compensation Survey performed by the National Center for State Courts:

http://contentdm.ncsconline.org/cgi-bin/showfile.exe?CISOROOT=/judicial&CISOPTR=288

Of the $30,388,289 million total in extra benefits paid by counties to their judges, $23,482,932 is paid to Los Angeles judges. Many counties pay no extra benefits to their judges. This is in a December 15, 2009 Judicial Council report which was required by SBX 211. The summary of benefits paid, by county, can be found in Appendix D to the report, most specifically pages D-10 to D-14. See:

http://www.courtinfo.ca.gov/jc/documents/reports/121509item12.pdf

SBX 211 is highly controversial, as it legalized payments made by counties to judges which were formerly deemed illegal, and granted retroactive immunity to those who had paid and received the benefits. Perhaps most controversial is the fact that Los Angeles attorney Richard Fine — the most determined and vocal critic of the hefty LA county benefits, has been disbarred and jailed since March of 2009, without formal charges, without a trial, without an end to his incarceration in sight. 

Sept. 18, 2010 (about two months after this article, and perhaps symbolically, on Yom Kippur), Richard Fine was released by Judge Yaffe:

Fine, the 70-year old lawyer and self-styled taxpayer advocate sent to jail ‘indefinitely’ by a ticked-off Superior Court judge (was) released abruptly last night.”  (see link for more discussion, including Fine’s speculations on why Yaffe let him go).  A YEAR AND A HALF for a 70 year old attorney that was in his work, saving the taxpayers millions of $$.

The Fine case is a growing public relations nightmare that is not going away–and the story has been featured on CNN.
http://www.cnn.com/2010/CRIME/05/24/jailed.lawyer.richard.fine/index.html

The public outrage about the county benefits, and about Fine’s incarceration (whatever they accuse him of, give him a trial for heaven’s sake!), is growing:  http://www.youtube.com/watch?v=v6DuQgQokLM 

SB 11 as chaptered February 2009.  Note, Fine was jailed on March 4, 2009, right from the courthouse in handcuffs, as described here (the “freerichardfine” petition site has incredible detail on the various cases, and a timeline)

    Since the late 1980s, the Los Angeles County Board of Supervisors, acting on behalf of Los Angeles County, has illegally paid huge (over 25%) bonuses to Los Angeles County Superior Court judges (now  totaling about $57,000 per year each, on top of their already overly-generous State compensation) “to attract and retain quality judges to serve in [Los Angeles] county,” giving each judge a gross salary of more than a quarter of a million dollars ($260,000+) each year, in flagrant violation of California’s Constitution, which defines such judges as elected employees to be compensated only by the State.  (By comparison, the highest ranking judge in all America, the Chief Justice of the U.S. Supreme Court, makes only $218,000 yearly, and Federal District Judges receive only $157.000.)

The Supervisor’s stated justifications for awarding the bonuses, “to attract and retain quality judges” is nonsensical.  There is no need to “attract” judges; thousands of attorneys would eagerly take any judicial opening, gladly accepting far less as a salary just because they would be honored to hold the position and serve the County’s citizens.  “Retaining” judges is an even worse argument; judges are elected, the only way to use money to “retain” them would be to contribute to their re-election campaigns, an illegal use of taxpayers’ funds.

As of 2009, Los Angeles County taxpayers have lost over $300 million dollars in being made to foot the costs of these judges’ bonuses.

What were the Supervisor’s true motives?  Did the judges do anything improper for the County in exchange?

. . .

Has the world gone mad?  Is it, or is it not, improper for a judge to accept a large sum of money from a litigant who is before him in numerous cases,  And if you found that the judge consistently ruled in favor of that party?  Richard Fine took the obvious position that “yes,” it’s most certainly improper … and so his troubles began.

Mr. Fine, an almost 70-year-old attorney with a long and very distinguished career as the one-time head of the Los Angeles City Attorney’s anti-trust unit and counsel for plaintiffs in a number of highly publicized class actions and taxpayer suits, a man who has saved California taxpayers almost $1 billion dollars so far, found himself jailed on trumped-up contempt charges on March 4, 2009, at the end of a running clash with certain judges since 1999 who refuse to concede the impropriety of their  appearance of bias when deciding cases concerning the County at the same time they were receiving hefty payments from the County (who isn’t their employer).

Read the Drama & Chronology (from the freerichardfine site):

This time line here (in form of a spreadsheet, with years being Column 1) may help “turn the lights on” to the various judges’ behaviors after having their failure to disclose conflicts of interest (as required by law) and ruling on cases involving Los Angeles County — and involving fine.  There is retaliatory action building (including refusal to pay claims on cases won, or attorneys’ fees where he was the lead plaintiff’s counsel in a winning case, etc.).   In this timeframe, CHILD SUPPORT CASE (Silva v. Garcetti) is also involved. Trial court funding act, ca. 1997; by 2005 the Silva v Garcetti is being dismissed, (suit was for illegally withholding $14 million of child and spousal support payments)….  The judge dismissing the case had received county payments…  the judge; this went to the California Supreme Court.  Afterwards, it was found that an appellate judge (Todd) had recently been a superior court judge, and received county payments….(and failed to disclose).

etc.  It’s the extent of the “etc.’s” that makes one wonder why those ruling on the law do not seem to believe they, too, should be subject to it.

Among the details (in this chronology linked above, and I note the spreadsheet also contains reference links), somewhere inbetween having shot down Silva v. Garcetti (around 2005) on child support, and Sturgeon v. Los Angeles County going through, an attempt actually started by a commissioner (not a judge) to get Richard Fine disbarred (and bankrupt him — kind of like what happens in a family law case), there is some fast action beween the California Judges Association (which is a nonprofit we support with taxes at the county level, if I’m not mistaken) lobbyist, and the State legislature Senate President pro tem, Darrell Steinberg, & the California Judicial Council, a plan to pass this SBX2 11 was hatched and carried out.  In a VERY few short months (end of 2008, beginning of 2009).  It was handled apparently in a “sneaker” session,

As introduced on 2/11/2009, no mention of judges’ pay was in the bill.  Legislative digest reads, in sparse terms:

SB 11, as introduced, Ducheny. Budget Act of 2008. This bill would express the intent of the Legislature to enact statutory

changes relating to the Budget Act of 2008.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

1 SECTION 1. It is the intent of the Legislature to enact statutory 2 changes relating to the Budget Act of 2008.

Does that mention anything about judges?

"SBx2-11 was amended in the Senate on 2/14/09 and purportedly introduced by President Steinberg as: 
 ""An act to add Sections 68220, 68221, and 68222 to the Government Code, relating to judges."" 
 In the amended version, all references to the original intent of SB 11 were stricken."

History of the bill, in part, available at
http://www.leginfo.ca.gov/pub/09-10/bill/sen/sb_0001-0050/sbx2_11_bill_20090220_history.html  It appears that there were also some oddities in the bill; for example, an amendment (3 days later) appears to have stricken the original purpose of the bill and replaced it with another, i.e., the intent of it was concealed from the public, who would’ve had to be VERY alert to catch this.  A “Rule 29” was suspended.    This rule pertains to not sneaking in amendments to a:

“bill, constitutional amendment, concurrent resolution, joint resolution, or Senate resolution”

after the last day they are allowed to for the year.  Rules 29.3, .4 & .5 protect from a midnight-hour ramrodding legislation through, or from changing proposed (categories above) without having at least a copy of the changes on the legislator’s desk!  In other words, they know what they’re voting on.  This bill was a “Senate Rule 29.3(b) suspended.  NOTE — though in the US, not a state senate, the “Access Visitation” wording in welfare code was (I heard) a similar deal — beyond midnight hour, and Ron Haskins, in particular did this.  The Access Visitation wording occurs in Title IV and gives the HHS Secretary extraordinary powers to affect the use of (as I’m recalling it) child support enforcement funding — that $4billion we keep talking about here….

29.3. (a) The consideration of a bill, constitutional amendment, concurrent resolution, joint resolution, or Senate resolution that has been amended by amendments offered from the floor, except committee amendments reported with measures or amendments offered with a motion to amend and rerefer to committee, is not in order until the amended measure has been in print for not less than one legislative day. Any measure so amended shall be placed on the second reading file.

(b) A bill, constitutional amendment, concurrent resolution, joint resolution, or Senate resolution shall not be recommended for amendment by any committee after the last day specified in the Joint Rules for the 2011–12 Regular Session to amend bills on the floor, as specified in paragraph (13) of subdivision (a) of Joint Rule 61 for odd-numbered years, and in paragraph (16) of subdivision (b) of Joint Rule 61 for even-numbered years.

Bills Approving Memoranda of Understanding

29.4. The Senate may not pass a bill that approves a memorandum of understanding, for purposes of Section 3517.5 and following of the Government Code, until the final version of the subject memorandum of understanding is received by the Secretary of the Senate and made available for review for seven legislative days and its availability for review noted in the Senate Daily Journal for that period.

Amended Forms of Measures

29.5. No bill, constitutional amendment, concurrent resolution, joint resolution, or Senate resolution may be considered for passage unless and until a copy of the measure as last amended is on the desk of each Member in printed or electronic form.

In looking for this rule, I found the “Senate rule 29.3(b) suspended motions included a lot from Human Services and Education Financing.

SO, the legislature passed the retroactive immunizing bill at the 9th hour (beyond it), deceptively deleting the original text and within 3 days amending it to serve a different purpose than as introduced.  AS I understand it from this (brief!) reading….

So it was first, “cya” (cover your behinds) and then, get the whistleblower:

Here’s the text, first the Legislative Digest, then the Bill, which names names that provoked it:

Senate Bill No. 11

CHAPTER 9

An act to add Sections 68220, 68221, and 68222 to the Government Code, relating to judges.

[Approved by Governor February 20, 2009. Filed with Secretary of State February 20, 2009.]

legislative counsel’s digest

SB 11, Steinberg. Judges: employment benefits.

The California Constitution requires the Legislature to prescribe compensation for judges of courts of record. Existing law authorizes a county to deem judges and court employees as county employees for purposes of providing employment benefits. These provisions were held unconstitutional as an impermissible delegation of the obligation of the Legislature to prescribe the compensation of judges of courts of record.

Why I’m belaboring this point:  If Judges are County Employees and Child Support Attorneys & agency employees obviously are, then in ANY child support case, practically, there is a built-in conflict of interest.  Now continue reading and notice how this was de-fanging the situation, letting sitting judges receiving benefits continue doing so, including after retirement, and so forth, and further delaying STOPPING the illegal payments til a further study could be done.  (how highly paid are judges?  Remember the Wall Street 24/7 — along with psychologists with advanced degrees, it showed up as one of the top 9 highest-paid for least-hours of work professions around, unlike (for example), medical doctors.  The judges could’ve afforded to moderate their lifestyles, I’m sure.  Moreover, this didn’t even address the moonlighting and other businesses they were still able to partake in, plus stocks, real estate investments, and functioning as landlords, or on boards of directors of nonprofits…   Was there really any excuse not to simply stop the illegal payments?

This bill would provide that judges who received (unconstitutional) supplemental judicial benefits provided by a county or court, or both, as of July 1, 2008, shall continue to receive supplemental benefits from the county or court then paying the benefits on the same terms and conditions as were in effect on that date. The bill would authorize a county to terminate its obligation to provide benefits upon providing 180 days’ written notice to the Administrative Director of the Courts and the impacted judges, but that termination would not be effective as to any judge during his or her current term while that judge continues to serve as a judge in that court or, at the election of the county, when that judge leaves office. The bill also would authorize the county to elect to provide benefits for all judges in that county. The bill would require the Judicial Council to report to the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, and both the Senate and Assembly Committees on Judiciary on or before December 31, 2009, analyzing the statewide benefits inconsistencies.

This bill would provide that no governmental entity, or officer or employee of a governmental entity, shall incur any liability or be subject to prosecution or disciplinary action because of benefits provided to a judge under the official action of a governmental entity prior to the effective date of the bill on the ground that those benefits were not authorized under law.

This bill would provide that nothing in its provisions shall require the Judicial Council to increase funding to a court for the purpose of paying judicial benefits or obligate the state or the Judicial Council to pay for benefits previously provided by the county, city and county, or the court

AND….

Ch. 9 2

The people of the State of California do enact as follows:

SECTION 1. The Legislature finds and declares all of the following:

(a) It is the intent of the Legislature to address the decision of the Court of Appeal in Sturgeon v. County of Los Angeles (2008) 167 Cal.App.4th 630, regarding county-provided benefits for judges.

(b) These county-provided benefits were considered by the Legislature in enacting the Lockyer-Isenberg Trial Court Funding Act of 1997, in which counties could receive a reduction in the county’s maintenance of effort obligations if counties elected to provide benefits pursuant to paragraph (l) of subdivision (c) of Section 77201 of the Government Code for trial court judges of that county.

(c) Numerous counties and courts established local or court supplemental benefits to retain qualified applicants for judicial office, and trial court judges relied upon** the existence of these longstanding supplemental benefits provided by the counties or the court.

SEC. 2. Section 68220 is added to the Government Code, to read:

(see site, similar to digest, above):

SEC. 7. The provisions of this act are severable. If any provision of this act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

**judges relied on their benefits?   what a shame.  Some of our children also relied on child support orders, including child support orders directing a parent to provide medical coverage (“benefits”), not having been alerted to the “compromise of arrears” and similar programs with an incentive to  NOT disburse them, and to extort the fathers into participation in federally-supported programs which support benefitted the states and counties financially, while we were sitting at time sin front of state-paid judges and county-paid CS agencies

Here’s JUST a little more publicity on how Sturgeon v. County of Los Angeles did not survive appeal, and comments on this bill.  You don’t live in California, though?  Trust me — what we do here,  IS affecting your state’s courts and practices outside the courts!  Birds of a feather fly together.

Metropolitan News-EnterpriseThursday, March 17, 2011  Page 1

S.C. Won’t Hear Challenge to Ruling on Judicial Benefits

 By KENNETH OFGANG, Staff Writer

The California Supreme Court yesterday declined to review a Fourth District Court of Appeal ruling upholding the right of counties to pay benefits to local trial judges.

The high court, at its weekly conference in San Francisco, voted 6-0 to deny review in Sturgeon v. County of Los Angeles, 191 Cal.App.4th 344. The court has one vacancy due to the recent retirement of Justice Carlos Moreno.

The court’s order leaves intact a measure enacted at a special session of the Legislature to continue county payments of benefits to local trial judges, over and their state salaries.

Why should they hear it, when SBX2 11 (sorry I keep getting the labeling of this wrong, but it’s posted above)? ??   Pass the buck to the legislature.

The Fourth District’s Div. One, in an opinion by Justice Patricia Benke, said SBX2 11 adequately addressed the deficiencies which caused the court to declare the benefits unconstitutional in Sturgeon v. County of Los Angeles (2008) 167 Cal.App.4th 630.

Harold P. Sturgeon, whose taxpayer suit resulted in the 2008 ruling, sued again after lawmakers enacted SBX2 11 at a special session called to, among other things, “consider and act upon legislation to address the economy, including but not limited to efforts to stimulate California’s economy, create and retain jobs, and streamline the operations of state and local governments.”

The bill also immunized all public entities and officers against any liability resulting from past payment of local judicial benefits. Judges in other counties have long complained that their benefits are far less generous than those paid by Los Angeles County, which include participation in the county’s “MegaFlex” cafeteria benefits program—which allows a beneficiary to receive additional taxable income equal to 19 percent of salary, or benefits costing the county an equal amount—along with a “professional development allowance” and a 401(k) match of up to four percent of the judge’s salary.

Professional development allowance.  Yes, the City & County of SF, for example, is going to pay child support nonprofit association membership, and expenses to attend training at the child support conference.  Similarly, at least some judges are paid to attend training at their judicial conferences run by the nonprofit association.

More from Metropolitan New on this topic (June 24, 2011).  Now the

Metropolitan News-EnterpriseFriday, June 24, 2011 Page 1

A.G. Seeks Input on Questions Regarding Judicial Benefits

 By SHERRI M. OKAMOTO, Staff Writer

Attorney General Kamala D. Harris is soliciting judicial organizations and others to weigh in on the question of whether judges may be disciplined for authorizing supplemental compensation to be paid to themselves from public funds, it was learned yesterday.

The Commission on Judicial Performance submitted two questions to Harris in late May, inquiring whether lawmakers would have the authority to pass a measure which “purports to preclude the [CJP] from disciplining California superior court judges for authorizing supplemental compensation to be paid to themselves from public funds, and/or receiving that supplemental compensation, on the ground that such benefits were or are not authorized by law.”

Sounds like they are fishing for an excuse, or more immunity.

Harris was also asked to address the scope of SBX2 11, special legislation passed in 2009 which the Fourth District last year said adequately addressed the deficiencies which had led it to declare the supplemental benefits unconstitutional in Sturgeon v. County of Los Angeles (2008) 167 Cal.App.4th 630.

Oh yes notice — SBX2 11 was not the topic the special legislative session was called for, it says:

The CJP spokesperson declined give a specific reason for why the group had posed the questions to Harris, except to say “we wanted to know what she thought.”

Sturgeon and Judicial Watch had also unsuccessfully challenged the passage of SBX2 11, contending the Legislature had lacked authority to enact the measure because it addressed a subject—judicial compensation—that was not among the specified subjects for which the governor called the Legislature into session. That case was Sturgeon v. County of Los Angeles, 191 Cal.App.4th 344.

Copyright 2011, Metropolitan News Company

He adds that “unless the public entity has passed an ordinance specifically allowing the private group to exist and specifically stating that the public will bear the costs — separate phones, leasing office space, furniture, computers, etc. — then it should be paid for by the private organization.”

LOCKYER-ISENBERG TRIAL COURT FUNDING ACT, SUMMARIZED as $5 Billion Construction Boom for California

(supported by Court fines and fees  . . . . . . )  Authority, and eventually facilities, are transferred from the counties (which can’t afford to rennovate) to the State.  Notice that around this same time (1997) the child support also was transitioning from local to State Control when it comes to disbursement, and intravenously hooked up to the welfare system (Title IV-D), which as of 1996 reforms, included more provisions for alternate uses of both TANF and OCSE’s federal funds:

I’m putting many of the paragraphs out to give the overview. Published in a business magazine, apparently around April 2011:

Thursday, September 22, 2011

FEATURE: APRIL 2011


Halls of Justice

Crumbling courthouses create construction opportunities

Story by Bill Romanelli | Photo by Anne Chadwick Williams

Roughly 70 percent of California’s 530 trial court facilities were built before 1980. Few counties have had the resources to keep the buildings updated or well maintained, and the result is that many of them simply don’t serve the public or the court well. According to a report by the Task Force on Court Facilities, 90 percent of the state’s trial courts need significant renovations, 90 percent were built before 1988 seismic codes took effect and 25 percent lack space to assemble jurors. More disturbing, the task force published its report in 2001; the situation has only gotten worse in the ensuing decade.

“We have these Perry Mason visions of wood-paneled rooms where justice is being administered, but it’s not like that at all,” says S. Ernest Swickard, assistant director of design and construction services for the state Office of Court Construction and Management. “In reality, we’ve got some cases being tried in portable buildings or trailers in dirt parking lots.”

Recognizing the need, state legislators began a systematic process as far back as 1997 to create a process and funding mechanism for uniform courthouse standards. It took almost a decade, and it couldn’t have come at a better time for California’s battered construction industry.

The process all began with the Lockyer-Isenberg Trial Court Funding Act of 1997. That legislation represented a change in government operations as it shifted the responsibility for funding trial court operations from the counties to the state. It also created the Task Force on Court Facilities to identify facility needs and likely funding mechanisms. As part of its 2001 report, the task force went a step further and recommended that both the funding and operation of the facilities be shifted from the counties to the state.

In 2002, the Trial Court Facilities Act was the legislative vehicle for shifting trial court facilities — operations, maintenance and modifications — from county to state governance under the direction of the Judicial Council.

Minor detail.  This one:

In 2003, the Administrative Office of the Courts, essentially the staff agency to the council, created the OCCM to conduct the laborious process of transferring the facilities from all 58 counties to the state. That process was finally completed in December 2009. While that was in process, Gov. Schwarzenegger in 2008 signed Don Perata’s Senate Bill 1407, which provided $5 billion in revenue bonds to build and renovate California courthouses.

None of the bill’s $5 billion comes from general fund revenues; the funds are provided entirely by court fees and fines. But these billions aren’t entirely for construction costs. Land acquisition, operations, maintenance and other costs are included, but there’s no doubt it’s helping the state’s construction industry.

Between June 2006 and June 2010, the state’s construction industry lost 405,000 jobs, according to the Associated General Contractors of America. Bearing in mind that California is lagging behind the rest of the nation, the national unemployment rate of 22 percent in the construction industry is disturbing at best.

“I’d say this is very welcome work for the design community and the construction industry,” says Chuck Cunningham, president of Cunningham Engineering Corp. “It’s one of the few areas where there’s both a clear need and dedicated source of funding.”

… most of the building is centered around the state capitol, Sacramento:

The OCCM says it’s currently managing 52 capital projects valued at more than $6 billion, with an estimated direct and indirect job generation of 134,000 (not all in construction, however). There are also more than 4,700 modification/renovation projects completed or under way at an estimated value of $107 million. These range from construction of new, 70-courtroom buildings to minor renovations of one- to two-courtroom facilities. 

The Capital Region is among the chief beneficiaries of this aggressive program. Of the 52 high-priority projects currently in progress, eight are within the six-county area, representing a combined budget of more than $1.1 billion. Three of those, including a planned $500 million Sacramento County criminal courthouse, a new $165 million courthouse in Woodland and a new $270 million courthouse in San Joaquin County are among the more notable. 

… with the input of judges on the construction process

Not to be overlooked, of course, is the role the judges themselves can, should and often insist on playing. They know how their courtrooms need to work, so the smart builders have learned to collaborate with them.

“It’s not just that judges have a lot of say, they have the last say,” says Stephen Allen, president of SW Allen Construction Inc. “The AOC has even gone as far as warning us if we get into an argument with the court, we’ve already lost; they’re not going to back us up. There’s nothing more important than keeping the court happy.”

Courts: The Judicial Branch of California

Summarized

Questions and Answers Concerning Implementation of AB 233 (December 1997, PDF, 103 KB)
Answers to significant questions raised by counties and courts about implementation of AB 233, the Lockyer-Isenberg Trial Court Funding Act of 1997 (Stats. 1997, ch. 850),.

Special Report on Trial Court Funding (September 1997, PDF, 168 KB)
General-audience newsletter about the trial court funding restructuring, including a summary of the bill, reactions to the legislation, an outline of key implementation issues, and a court funding timeline.

Trial Court Funding Resource Manual: “Ensuring Equal Access to Justice” (1998 edition, PDF, 582 KB)
Detailed information about AB233, the Lockyer-Isenberg Trial Court Funding Act, which provided for state funding of the California trial courts; also includes information about 1998 trial court funding legislation.

(FYI)…..  Major deal intersecting with the SBX2 11 and the issue of County v state funding.  Across the country, despite the recession, there are courthouse construction projects (and corporations) going up, often in the family law arena.

WELL we are in a budget crisis, and this text here is from one person’s letter to a Senator asking him to do something about it.  I thought it was an concise summary of the DCSS (Dept. of Child Support Services) being an administrative agency and some of the troubles with this.  I have permission to quote without identifying who.  the letter gave identifying information about a case, but also showed me the various forms that enable this administrative agency, DCSS, to literally function as judge, clerk, witness, litigant — you name it.  Child Support would’ve perhaps been better off under District Attorney’s offices, with insistence that they act strictly as enforcement and get the cash to the kids, not sell kids essentially for cash, through litigation.  The further we get from administering justice in places and under offices that have legislation limiting their rights, the better those rights are going to be.

As you are aware, DCSS is an administrative agency overseen by congress, and so if they are in the courtroom on any case, it is as attorneys representing the county’s interests. As is the case with any party to litigation, the County attorneys (eg. DCSS) cannot hold secret ex parte meetings with judges, act as court clerks, or issue judicial decisions as has become customary in the family courts.

   

The bigger problem here is that the judges are in fact county employees, DCSS is paid by the county, the transcriptionist is paid by the county, and they are all applying for funding together[from the county, state, and feds] for collaborative programs. As you can see from the blank DCSS arrears abatement form, no judicial approval is required to set aside, modify, or enforce these rogue court orders—which do not even get registered with the court, and the parties do not get notice either. There is no oversight because they are all in business together, and running up a huge tab at that.
These child support “incentive” programs (fatherhood, Access and Visitation) are illegal because ARRA funds cannot be used on programs which fund litigation and promote discrimination. Using child support services as the recruiting arm to extort fathers, these tax dollars are used to illegally fuel the nonprofits serving the family court “high conflict” litigation industry. Fathers pay support, but the kids don’t get it. If HHS can’t justify the money they already got last year, you should not vote in favor of doubling the budget for them this year. TANF is for NEEDY families, but these funds are not needs based and available all men regardless of income.
In a time when families are starving, unemployed, and losing homes, this money serves no legitimate purpose. We want courts and child support agencies deciding cases based on laws and facts. Poor people want things like jobs, education, childcare and housing. They do not want federally funded family court litigation and counseling from the court’s inbred nonprofit therapy industry. I can provide you with millions of dollars in reciepts demonstratrating abuse of ACF funding from families in [state] and around the country who have also been bankrupted and destroyed by these programs.

 

When people are incarcerating whistleblowers, we know that they know what’s happening is wrong & illegal.  

    Although “Family Justice Center” was not the topic, the same person (re: another nonprofit staffed almost entirely by public employees, including at least one judge) mentions she doesn’t understand:

why judges would recharacterize their court rooms as nonprofit organizations, then petition for $4mm in federal funding as board members, to pay them to decide cases as public servants which we already compensate them for.

 That’s seriously disturbing trend, but an old one, since Meyer Elkin (eventually of “AFCC”) set up a mediation unit in Los Angeles County Courthouse (see description above).      

There are all kinds of adjustments and tweaks.  Here’s one on the California State Site:

 

The Federal Deficit Reduction Act of 2005 – Implementation of the $25 Annual Service Fee

In the Federal Deficit Reduction Act of 2005, Public Law 109-171, all states were instructed to impose a $25 Annual Service Fee to non-welfare families (never-assisted cases) who are disbursed $500 or more during the federal fiscal year. The mandate went into effect January 1, 2008.  As of October 1, 2010, the State will no longer pay the fee on behalf of families.

Beginning October 1, 2011, and every October 1 thereafter, DCSS will assess the $25 Annual Service Fee to all never-assisted cases that meet the criteria for assessment. The service fee will be withheld from the never-assisted custodial party’s next child support payment(s) until the $25 is fully recovered. Although the first disbursement(s) paid to the custodial party on or after October 1 will be reduced by $25, the NCP will get full credit for the amount of the collection received.

(For services received the custodial parent’s household loses a little $25 once a year, but it’s credited to the NCP’s account anyhow.  However for every new non-welfare case treated as a welfare case the state and fed share a $2 to $1 bonus anyhow).  Child Support Services is expansionist in nature.)

this also is in the news page of the California Statewide Site:

California Department of Child Support Services

Father’s Day 2011 – the President’s Fatherhood and Mentoring Initiative

The mission of the California Department of Child Support Services is to make sure that children have the financial support they need to grow, learn and succeed. But other types of support are just as important. Our children’s lives are also shaped by the involvement of their parents.

Despite the “our” language, there’s a vast gap between the typical noncustodial parent with a child support order, and the children of legislators, judges, and county attorneys, not to mention President Obama and First Lady Michelle’s daughters.  Our childrena re not theirs, and their children are not mine.  I’m sure they’d be offended if I characterized their children as “ours” conversationally.  Why should I (we) not be equally disturbed when official government publications call our (real, biological) children, in conversation with someone whose wages are being garnished, perhaps, “our children” ??  Get real! !!!

To promote responsible fatherhood, President Obama has launched the President’s Fatherhood and Mentoring Initiative. The initiative is a national call to action to address fatherlessness in America. DCSS encourages fathers to sign the pledge and receive articles, tips and resources on responsible fatherhood.

DCSS encourages fathers to sign the pledge and continue to justify the siphoning off of their kids’ futures (and their own income) into the more competent (??) fatherhood managers.  The more participation, the more grants and contracts can be “justified.”  For all this talk of “family” it seems pretty clear that the real “family” being encouraged is Papa Obama (substitute name of current US President; this began far back, with Clinton, continued with Bush, expanded with Obama, trillion$$ debt notwithstanding).

For more information on the President’s initiative and to sign the pledge, go to www.fatherhood.gov.

CHILD SUPPORT FORMS & LITERATURE EXPLICATING ONE TYPE OF COMPROMISE (of arrearages!) from another!

Final Statement of Reasons — “Update of Initial Statement of Reasons.

Among the “stakeholders” listed are several categories required to be consulted by DCSS.  The first one listed (and they’re not alphabetical) was “counties” which is the most important — because this is a moneymaker for the counties, evidently.    NOT ON THE LIST:  Custodial or noncustodial parents.  Only their “advocates” (??).

Here (for example) is a “Compromise of Arrears” application package from CA (current I believe APril, 2011).  It has all the forms.  There is no mention of making any notice to the custodial party, or any court hearing to be held in the matter.  The closest it comes to mentioning the custodial parent (who is obviously going to be affected!) is in fine print under a privacy notice, on about the next to last page:

The information in your case may be discussed with, or given to the State or other public agencies that can legally receive such information, and to the other parent or his/her attorney to the extent required by law.

The agency official responsible for maintenance of the form is your local child support agency. Legal references authorizing solicitation and maintenance of this personal information include Family Code Section 17440(c) and 17212. Copies of this form are maintained in confidential files of the Department of Child Support Services or local child support agencies for 4 years and 4 months after the closure of your child support case. You have the right of access to this form upon request by calling the local child support agency handling your case.

I was never informed that there’d been a Compromise of Arrears until after a custody-switch.  I had been repeatedly in the office seeking information on the case before and after that time.  I had put hours of call, help-seeking, and office time into this agency’s office to get them to fulfil their obligation to collect support when it was being systematically withheld to control my (then custodial parent) household, for example, if I made an independent, legal action of almost any sort on behalf of our children, or confronted the father on violating visitation orders.  I sought others to get the public agency to do its job in this case.  To my understanding, a seek-work order was never even issued!  It does appear, in retrospect, that the case was flagged from the start for potential fatherhood programs because it originally (briefly!) involved public assistance shortly after filing to escape the abuse, which had involved injury and death threats at the time.

The child support is now a moot point, and my children as well as hundreds and likely thousands of others – in our state — are experiencing the same mis-use of funds to collect child support to start and propagate diversionary activities which theoretically help child support, but in fact, support the likes of people who started Kids Turn and engaged in a lending (lien) situation with the San Francisco Trial Courts.

I did not pursue too far this post, but the proliferation of organizations (real and fake/”front” groups) makes it harder and harder to track them and easier and easier for checks both written out from AND deposited to certain of these groups’ bank accounts to simply be cashed by someone else.  There have been instances of a check written out to one group stamped (back of check) and endorsed by another which shouldn’t have a relationship with it.

The way to put a leash on the OCSE is not through begging them (and certainly not threatening), it’s through intelligent expose to one’s local legislator.  Before doing that, go to “National Fatherhood Initiative” and your local state and find out whether yours is already on a legislative task force (many are).  Even fathers should be doing this — because they need more liberty and freedom to pursue jobs, and less parenting education, reunification and access visitation social science demonstration project which their lives fund.

The other reaons OCSE needs an overhaul (or replacement, or having its function switched to a different US department) other than that they’ve been consistently abusing the privileges and have a clear gender preference in their program material (although more and more mothers are becoming noncustodial THROUGH these programs, to the detriment of the next generation) . . . . is that it’s claiming to be the solution to the welfare roles, while privately trying to increase them by making regular cases noncustodial.  Moreover, their fatherhood programs (and marriage promotion) are not limited to low-income personnel.  The system was, in fact, designed NOT by low-income fathers (or mothers) seeking help — but from the TOP (HHS appointees, White House Appointees) down with a princely attitude that they were better qualified to run society through strategic re-engineering of the household unit, aka family.

Behind them are corporate and private family foundations (wealth) who also would be more interested in ultra-competition for jobs in their factories (etc.), driving down wages . . . rather than lifting their subject material (families with child support orders or having been driven to welfare) up to their own understanding of how to become wealthy — which includes how to minimize (or dodge) paying taxes and hide — sometimes launder — money.  The poor suckers who have a job — but not job security — in a context where employers have to report all “New Hires” whether or not one of them is a noncustodial parent — sets a class distinction and inability to do the same thing that helped make others wealthy to start with.

In America, somehow that seems just wrong.  While I’ve been seriously de-mythologized (long ago) about justice in our country (being female and a mother after violence in the home and single because of that), I’m not ready to throw the whole “unalienable rights” concept out!

Written by Let's Get Honest

September 23, 2011 at 10:29 am

I turn, You turn, We all (must) turn to “Kids’ Turn” (and spinoffs)…per AFCC.. [Orig. Publ. May 23, 2011, #2 of 2, same-day].

leave a comment »

Post Title:  I turn, You turn, We all (must) turn to “Kids’ Turn” (and spinoffs)…per AFCC.. [Orig. Publ. May 23, 2011, #2 of 2, same-day]. (short-link ends “-GO” (last character is “O” as in “Ohio”, about 6,500 words)


[Title, short-link, background-color, borders and some tags added Sept. 30, 2019 because I’m linking to this older post..//LGH]


Yumm…..  More goodies in the search to solve this problem, including why does the SFTC (That’s SF Trial Courts) have a LIEN on Kids’ Turn, which is constantly seeking more donors so poor kids can consume its services?  (Richer ones, there’s a probably no-cap? sliding scale……)

How many mental health professionals is it possible to squeeze into one court case? And how is it done?

Ideally, as many as possible — one after another, after another.  There is sure to be a need for them, given that the entire concept of mental health in the family law system is an oxymoron (see the word “law”).

Of course the family law system got its jumpstart with mental health professionals in alliance with legal professionals, somewhere shortly after women go the vote (but before all states had ratified it).  The longer the system exists (generation after generation) the more mental health problems there are guaranteed to occur, given the source of them is the practitioner’s cognitive dissonance with state law (for example, against child abuse, child stealing, or valiant statements that there is a rebuttable presumption against custody going to batterers.  Or, for that matter, child abusers.  It’s a few steps away from fingerpainting — with the paint jars being the jargon used by various fields, which end up generally speaking in one big sticky mess.

Of course, you’re not supposed to see them at play behind closed doors, but since the advent of the Internet (which helps the conferences occur, obviously — and the curricula get disseminated — I’ll show how in a bit here) it’s also fun to track ’em down and catch’em in the act.  Like my last post did with AB 2263, an attempt to legislate Kids’ Turn (ONLY) for a Judicial Council sponsored (public payments, I’m sure) analysis of how effective Kids’ Turn — excuse me, “programs that provide services to children undergoing divorce” (or whatever they called it to cover up that the original meaning intended was simply a nonprofit group brainstormed by — you guessed it — family law judges, etc.– this one in particular).

Well Gray Davis vetoed even the sanitized version of let’s build a LEGISLATIVE pipeline from this group to the entire divorcing population (Parental) of California — and the world, but we can start it here — and stick someone else, like taxpayers — with the bill.      That was back in 2002.

Did that stop the idea?  Heck no!  I found the 48th Annual AFCC conference (Kids’ Turn is self-identified as an AFCC member.  I guess a nonprofit can be a member of an association of court professionals (judges, commissioners and so forth) with mental health professionals with attorneys, etc.)

So, how IS it done? (other than out of the ready earshot of a court litigant, namely, parent in a custody battle). 

(1)

FIRST OF ALL:  FORM RAPID DEPLOYMENT UNITS — OF ONE JD, ONE Ph.D. (mental health, what else?) and one MSW or LCSW, or LMFT.  Each has a specific purpose.  Right now, we find this combo in pre-game a coaching session complete with powerpoint slides and diagrams:

….Understanding the Roles of Mental Health Professionals in Collaborative Practice

Conference : 48th Annual Conference

  • A major strength of collaborative practice is the work done by the family with mental health professionals. Collaborative professionals frequently work in interdisciplinary teams to facilitate peaceful resolution. The collaborative process may include one “neutral” mental health professional, or two “aligned” mental health professionals. Both of these approaches may include a child specialist to help understand and facilitate focusing on the needs of the children. In some areas, mental health professionals work as neutral facilitators and as case managers. The program will provide an overview of each role and the strengths and advantages of each.
Ms. Doyle strikes me as quite smart (Purdue) but I note the primary emphasis is Counseling Psychology and an M.Ed.D.; even her JD has this emphasis.  She is definitely on a mission, and is herself married, looks like a good match, MORE THAN well-employed, and no kids are mentioned.
Who better to coach others on divorce and co-parenting (and flying around, like to Florida,  to do so is just part of the trials and tribulations of the work….) ? (or is this a 2nd marriage and her theory is born from experience?)
Ms. Doyle is dedicated to the concept of assisting families to civilly resolve issues involved in custody, divorce and related disputes and training dedicated professionals to join the Collaborative community. Toward that result, she and Mary McNeish Stengel, LCSW, established Collaborative Training Solutions, Inc., (CTS) a company completely separate from her law and mediation practice ….
 Ms. Doyle sees spreading the Collaborative word as a mission. There are many professionals and communities that have not been educated in the Collaborative model of dispute resolution. Some don’t have training available within a reasonable distance because of population and geographical challenges. In addition to reaching larger populations, Ms. Doyle enjoys traveling to communities to provide trainings where local professionals are excited and want to be trained, yet may otherwise have to travel great distances for training because their community is too small to attract a large trainee group”

Session Handouts for AFCC’s 48th Conference

….NOTE — this is an UPCOMING Conference (June, 2011) called ‘What’s Gender Got To Do With It?”  See my posts of January, 2011 — when I talk about are you speaking mother, father, or mediator?  Pick a conference — there’s something for everyone (but the house wins when the coins are finally tossed.. that’s “mediator” rhetoric)…

The powerpoint slides (available on-line at above link) show few photos, but there’s one — of a father with a kid on his shoulders — next to “Maintain Focus on What is In the Best Interests of the Child,” which is under “Elements of Coaching” slide.  But let’s go to the diagram, the playbook:

The slide “WHAT DOES IT LOOK LIKE?” shows two clients in the center, surrounded by larger circles, each one inhabited by a professor.  This reminds me of a child’s game, such as “Ring Around the Rosy” or “Duck-Duck-Goose”.  Either way the clients (litigants, most likely, parents….) are indeed surrounded by spheres of influence with lines between them; it does remind me of a corral:

“The Suggested Playahs”:

Two per client:  Coach & Lawyer

At top and bottom:  “Child Specialist“** (at the top — this category reigns supreme, obviously) and bottom, “Financial Specialist” which of course has to undergird the program, or who would fund he other specialists?  How can you have a family law case without ferreting who’s got the assets that are going to be soaked in this process?  So, FInancial Specialists are very, very important, especially for moneyed divorcing (or separating) parents.

Alternately, if one parent is Title IV-D (welfare), then the “Financial Specialists” are the program managers, and child support administrators, etc.  After all, with $4 billion enforcement fees (per year, nationally speaking) surely some of these employees can figure out who’s got the money in each case.  It’s in the public’s best interest for the courts to know….

**Child Specialist:  (slide) is a NEUTRAL third party who focuses exclusively on the children’s concerns and/or their interests, advocates for the children and consults to the parents and their team.  (Why GALs wont work is ….)

MOST professionals like to get paid for their work.  Given that this includes child specialists, I say that it’s a rare person holding demi-god (i.e., neutral and not in the least subject to temptation to skew the scale) status.  (“Mea culpa, mea culpa” for bringing this up)

When any judge takes payments from any County (in addition to state salary, whether this is in the form of benefits, or anything else) that’s a conflict of interest — the County has a vested interest in certain types of cases, and LOTS of these cases involve children, and child support, sometimes foster care and adoptions as well.

One attorney (non-aligned) noticed this and wrote about it in January, 2009.  (I don’t think he was an AFCC member….):

LA County Payments to LA Superior Court Judges Cost Taxpayers Almost 1 Billion Dollars and Denied Constitutional Rights to the People of LA CountyJanuary 07, 2009

By Richard I. Fine (View author info) 

Los Angeles, California –
The commencement of the of unconstitutional payments by LA County to LA Superior Court judges was “unnoticeable” to the people of LA County in the late 1980s. Yet, its effect began to permeate the Los Angeles political and judicial systems to the extent that fundamental constitutional rights were compromised.
Twenty years after the commencement of the payments, the political and judicial systems of LA County are rife with conflicts of interest, lack of disclosure and the failure to enforce constitutional rights and laws.A well traveled “money trail” exists from LA County who makes payments to LA Superior Court judges [present and past] who decide cases in favor of LA County.

Seems to me it took only a few months for a Superior Court Judge to throw in in Jail and the California Bar to disbar him.    After all, his emphasis was constitutional issues (California State), and individual legal rights to fair and unbiased judicial hearings — not exactly your basic mental health, custody-coaching, professional-referral-basis expanding scheme.

So, he got tossed (well, led from the courtroom in handcuffs, and it seems the arrest record also fudged somewhat) into solitary coervcie confinement, as we now know, in an attempt to break his spirit (Note:  it failed.  18 months later, he was finally released, and is still at it).  This is an interim report from some groups / individuals that took up this banner — about no danged conflicts of interests in our courts, dammit!  You will note, Mr. Fine’s comments were from his jail cell (and he has also been disbarred).

Los Angeles, CA Full Disclosure Network® presents a 3 min video report on the November 23, 2009 remarks made by Los Angeles County Supervisor Michael D. Antonovich at a meeting of the Los Angeles County Lincoln Club in North Hollywood. The Supervisor provided an update regarding the controversy over long-time practice of the County making payments to Los Angeles Superior Court Judges. Civic leader David R. Hernandez provides his account of the presentation in the video.

Fourth District CA Court of Appeals decision in November of 2008 ruled the county’s payments were illegal in theSturgeon v. County of Los Angeles lawsuit that revealed Judges, who are all elected officials, were not disclosing the extra payments they received from the County to litigants in the courtroom in cases involving the county nor on the Form 700 Economic Interest statements as required by the California Fair Political Practices Act.

Antonovich responded to a question about the continuing public concern that county payments created a “conflict” for judges and if this conflict was going to be resolved?
Here are some of the points made by Supervisor Antonovich:

  • Recent [FEB 11, 2009] legislation, Senate Bill SBX2 11 has now made the payments legal.
  • All new judges (appointed or elected) will not be receiving payments from the county.
  • Most other California counties have been paying (illegal) benefits to the judges
  • This was not just a Los Angeles County practice
  • L A Judges have not always ruled in favor of the County (payments started in 1988)
  • Several court rulings have been in against the County and in favor of illegal aliens

Featured in the video: are two prominent critics of the illegal payments made to Judges by the County and below are comments from Richard I Fine from his L.A. County Jail cell.

Richard Fine Fires back, in an L.A. Op Ed, as to Ron George. I’m enclosing here, for contrast with the profession-mongering family law field, via AFCC, to see a contrasting view of “in the best interests” of — one based on stop wasting our tax dollars, and concealing how this is done, not to mention, undermining the US Bill of Rights, labeled:

The Deception of California Supreme Court Justice Ron George”

 

REBUTTAL TO L A TIMES OP-ED
By Richard I. Fine
 

In his September 14, 2009 Los Angeles Times Op-Ed article California Supreme Court Chief Justice Ronald George stated that the Judicial Council of California decided to close the California Courts one day a month until June 2010. He acknowledged the hardship on Californian’s and praised the Superior Court Judges who volunteered to take a one day pay cut.

FAILED TO DISCLOSE AUTHORSHIP

However, he did not disclose that the same Judicial Council of California of which he admitted he is the Chairman, also wrote Senate Bill SBX2 11. This bill was introduced by Senate President Pro-Tem Daryl Steinberg on February 11, 2009 passed by the State Senate on February on 14th , 2009 and passed by the State Assembly on February 15, 2009 signed by the Governor on February 20, 2009 and became effective on May 21, 2009.EXTRA JUDICIAL BENEFITS & CRIMINAL IMMUNITY
Such bill reinstated “supplemental county benefits” to Superior Court Judges in addition to their State Salary and compensation. Such supplemental County benefits have been held to be “unconstitutional” in the case ofSturgeon vs County of Los Angeles 167 Cal Ap 4th 630 (2008) review denied 12/23/08. Such bill also gave retroactive immunity to the Judges and others from criminal prosecution, civil liability and disciplinary action.$30 MILLION MORE DURING FISCAL CRISIS?
By omitting to disclose Senate Bill SBX2 11 and it’s retroactive immunity,Chief Justice George did not inform the people that the loss to the taxpayers in L.A.County alone of these supplement payments to the Superior Court Judges in fiscal year 2009-2010 is estimated at $30 million dollars this loss is greater than the contributions of all of the Judges of one day’s pay per month over a year. In effect, under Senate Bill SBX2 11 the judges are making more money during this financial crisis while the citizens of California suffer.DUE PROCESS DENIED
Worse yet, because of the retroactive immunity the decisions of the judges receiving county payments before 05-21-09 violated the due process clauses of the 14th Amendment to the US Constitution and the California Constitution.

(end of commercial break from AFCC/Family Court Fantasia. back to our regularly scheduled post subject matter, here….)

OK Gray Davis in 2002 scotched (Vetoed) the concept of legislating Kids’ Turn, the whole Kids’ Turn and basically nothing BUT Kids’ Turn** (or — OK, maybe a look-alike or spinoff, such as Kids First, or Kids in the Middle, or Children in the Middle, or . .. or . . . . . anything that would require lots of people, some of who would recommend that parents be ordered to consume social-service product of, for example, a single AFCC acolyte (or, fully fledged priest) from Tarrant County, Texas . . . . .  ).

Since the Governor (not the terminator) said NO! although the legislature (with its sanitized version) clearly said “YES” and wanted him to sign it  . . . .  did these zealots take “No!” for a final answer?  Heck, No — they are salespeople first of foremost, and educators at heart.

[[**more commonly known as:

The Whole Truth and Nothing But the Truth! So Help Me God!and you gotta visit the website, there….  unlike these AFCC people, the author has a sense of humor in presenting reality…..]]

All true educators need to get continual access to people who need training after all, ambulance chasers chase ambulances, right?  But what’s a psychologist and M.Ed.D. to do without some governmental subsidies? (“incentives”) — compete in the free market base don the quality of the product?    NO! — back to the gameboard.

All that was just (long) introduction and setting the stage.  This is the juicy center of the dialogue, and why I started this post  — after the last two Kids’ Turn Posts.  They’re just UNbelievable….  Anyone wnat to go to Florida and take notes at this upcoming conference?  Lookee here:

Here’s some “Kids in the Middle” presenters.  I’ll be back tomorrow — not done yet here…


Session : AFCC1111
5. Working with High Conflict Parents: How Conflict, Personality Disorders and Gender Influence Outcomes for Children
Conference : 48th Annual Conference
Speaker(s) :
  • High conflict parents are the most difficult to work with in divorce proceedings. They utilize an inordinate amount of time and patience for professionals working with them. In addition, enduring conflict between parents, both pre- and post-divorce, has the greatest negative impact on children of divorce. Attorneys, mediators and guardians are in a position to recognize and minimize parental conflict when they possess knowledge about how gender and personality disorders play a role. This workshop focuses on recognizing the key elements at play and providing strategies for ensuring positive outcomes for the entire family system.
  • CLICK THE pdf ICON FOR SESSION HANDOUTS DOWNLOAD PDF File

Kids in the Middle profits from the Court-referrals and Schools-referral clientele, and says so on its 2009 Annual Report:

Workshops at the 22nd Judicial Circuit Court, Family Court ␣ 330 parents attended mandated parent education workshops.

 

Yes it is a Nonprofit, and in 2009, despite over $2,000 in interest income (how many people would this house for a month?), and over $1 mil in income, it operated $55K in the hole, which seems to be a standard in some of these groups.  Probably because there are simply so many young and old, and middle-aged people that need this help, a little overeager promotional spending?

Ms. Berkowitz’s KIDS IN THE MIDDLE.org site has a book list.  I always find these informative, for example, a few choice ones:

THE MAN’s DEAD (a vicious death involving knives.  Some say suicide, some disagree….), BUT HIS SELF-PUBLISHED IDEAS LIVE ON AMONG CONVERTS…..

JUDGE INA GYEMANT STARTED KIDS’ TURN in SF in 1987.  THE LEAST SOMEONE IN A SPINOFF CONCEPT (which “kids in the middle(r)” obviously is…) COULD DO IS HELP PROMOTE THIS JUDGE’S LITERATURE, RIGHT?  Will Judge Ina return the favors, in her professional or avocational capacities?

PHILIP STAHL ~ highly under-reported by women’s groups protesting PAS theory — they simply don’t pay attention to the distribution systems like I started to  ~ ~ CARRIES THE GARDNER TORCH, AND HE’S GOOD AT IT.  HE’S PART OF THE JUICY CENTER OF MY POST HERE TODAY — ABOUT HOW HIS BOOKS (AND OTHERS) ARE PROMOTED..  THROUGH COURT-MANDATED PARENTING PROGRAMS DIRECTING EVERYONE TO CONSUME JUDGE-ORIGINATED LITERATURE PUSHED THROUGH JUDGE-ORIGINATED (OR MENTAL HEALTH PROFESSIONAL-ORIGINATED) NON-PROFIT, AND SOMEONE HAS TO SAY THIS — FRONT GROUPS.  OR STRAIGHT OUT FOR-PROFIT COLLABORATIONS AMONG THE VARIOUS PROFESSIONALS ALL OBSESSED WITH “helping” OPK (other people’s kids) with the problems THEY perceive, from THEIR perspective (only) and with OUR (public) money, like as not…

While the parents they are coaching, already under huge financial stress often enough, are (if taxpayers and wage-earners) picking up, collectively, the slack which nonprofits — because of their wonderful public benefits to all of us, and the universe — get out of paying, i.e., funds for themselves and services like libraries, police, schools, public transportation infrastructure, and far less urgent public priorities than indoctrinating kids and parents in the right way to think about their own children, and their own situations, and of course how not to use criminal terminology in one’s thought processes, even if convictions show that it’s occurred.  After all, let’s just “focus on the family” and forget about those other unpleasant matters — eech!

Let’s take a look at a slide, so we know what to expect from this “What’s GENDER Got to Do With It?” AFCC upcoming conference among mental health professionals, attorneys and judges in the family law system:

Workshop Objectives

 Know how to recognize a client who may have a personality disorder.

 Understand how the traits of a client with a personality disorder can lead to chronic conflict and therefore poor outcomes for their children.

 Understand how gender issues can combine with some personality disorders, resulting in extreme dysfunction and poor outcomes for children.

 Understand why personality disorder traits make it difficult for parents to meet their children’s needs.

 Understand the increased risk for alienation when a parent has a personality disorder.

 Learn strategies to manage and support the client with a personality disorder.

I don’t suppose any “personality disorders” might result from abuse, virtual POW situations in the home, or years of trying to avoid provoking a violent incident — or seeking outside protection (and not getting it) from someone molesting one’s own kids on unsupervised weekend visitations….    Or having suddenly lost one’s kids’ after trying to do something about that and having been unprepared for the impact of federal incentives to switch custody and eliminate child support arrears through access visitation funding….

But, as it’s said, Cobblers see shoes, and Mental Health professionals see Personality Disorders and not what might have CAUSED them….  To People selling hammers, the problem is a nail… To people obsessed with unmonitored contact with distressed minor children — and these often show up in M.Ed.D. forms, i.e., as educators — the problem with divorce is the parents…. both of them — and the solution is to separate the kids and coach them on how to think about their parents and themselves….This also pertains if the source of conflict may entail, say, poverty — it’s still more critical that the problemsolving money goes to nonprofits coaching Kids and Parents…..

Here’s another slide.  Given the scope of the problem (neurotic divorcing parents), Kids in the Middle, Inc. and it’s 23 paid staff (some of who are, obviously getting some frequent flyer miles in, too) stand ready to stand in the gap against the bad parents, and provide services to fix their viewpoints:

About Kids In The Middle ®

Our Services: Consultation Assessments Group Therapy for Children Individual Therapy for Children Family Therapies Treatment Reviews Individual Therapy for Parents Co-Parenting Counseling Parent Groups

Diagnostic Supervised Visitation Mandated Co-Parenting Education Classes

(at least 3 of these categories come under the federal access visitation (incentive) grants to increase noncustodial parenting time.  We know in practice, this rarely occurs with a mother, even though more and more mothers are being completely eliminated from contact with their children through these and similar programs.  Moreover, to keep the professional straights, AFCC  around the country & state chapters are  also heavily promoting (supposedly to meet the grassroots demand from the general public) “Parent Coordination” as a new field.  Wait til you see my post on THAT one….)

Here’s another.  Notice that being “wounded” disqualifies one’s ability to co-parent (which might result in recommendation of sole custody to the other parent, logically speaking….).  There is no mention of who is inflicting which wounds.  THe total oblivion to the blood on the streets of women and children (and sometimes men, by suicide after killing the women, or just the children) around divorce.  Those aren’t their concern, I guess.  After all, dead people don’t consume mental health services….at least court-mandated; I imagine it could seriously screw up surviving relatives and witnesses….

Assessing Parental Ability to Co-Parent

What we look for:

 Level of cooperation as parents in the marriage  Is conflict pervasive or focused on a few issues? Level of trust  Level of “woundedness” of one or both parents Level of acceptance of the separation

Ability or inability to let go of issues from the marriage Level of animosity Ability to recognize and express the other parent’s

strengths Mental Health Issues

DastardlyDads.blogspot.com reports some of these (I’m glad someone else does, I couldn’t do this consistently — too close to home!)  Here’s one from May, 2011 — this month.

Dad charged with 1st-degree murder; 17-year-old daughter found in dumpster (Washington, DC)

After much public display of grief and gnashing of teeth, dad RODNEY JAMES MCINTYRE has been arrested in the stabbing murder of his 17-year-old daughter. Her body was found in a dumpster. Seems that Daddy was sexually abusing her. Not one word here about this girl’s mother….INVISIBLE MOTHER ALERT. http://dcist.com/2011/05/father_of_ebony_franklin_charged_wi.phpFather of Ebony Franklin Charged with First Degree MurderNearly 6 months ago, MPD made the gruesome discovery of the body of 17-year-old Ebony Franklin in a dumpster in the ally of the 1000 block of Fairmont Street NW. Now, they have arrested Rodney James McIntyre, Ebony Franklin’s father, for her murder. Ebony was stabbed 17 times.Sources say McIntyre was linked both by DNA and cell phone records to Franklin’s death.

Police Chief Cathy Lanier indicated in her press conference announcing McIntyre’s arrest that there was also evidence of a sexual relationship between Ebony Franklin and her father.

McIntyre had been quoted in the press saying that “The way my baby was found in the trash, it’s unacceptable. What I want to know as her father, what really took place with my child?”

Now why must parents who may have gone through some serious, criminal hell spots be exposed, unilaterally, to consume classes by professionals who blame both parents for failure to get along with each other in situations where there is a clear perpetrator?  . . . . . . . .   I’ll let you figure out your own answer, I have also….  The entire forced shared-parenting/ joint-parenting field ignores situations like this, and that if separation HAD been allowed by the family law system, how many children would be alive now, that aren’t?  And their mothers?  and their fathers?  What kind of sick obsession is it to change the language of criminal law into the language of, “my mental illness — and she alienated my children — made me do it”?  This IS the language of AFCC; their main site acknowledges this, and it has now become the norm….

 

The real motivation is greed and fear of no professional niche for people raised on education theories and psychology. .. back to this particular group:

I’m so re-assured that these mandated classes will keep us on the right track.  However, if they don’t, these same ladies are also training Advanced GAL classes (from a 2010 Missouri Bar agenda):

Child-Focused Divorce Therapy & How Attorneys Can Keep Kids Out of the Middle of Divorce Disputes

Speakers: Judy Berkowitz and Carol Love, Kids In The Middle, Inc., Kirkwood [MO]*

[GEE:  I wonder if the punch-line is to recommend classes/services from groups like, say, “Kids in the Middle”…]

(*Kirkwood is an affluent suburb of St. Louis)

NOW LET’S SEE ANOTHER SET OF AFCC WORKSHOPS/ MP3s on HOW TO THINK RIGHT (a.k.a., marketing seminars for court professionals)….

  • A little more “Parenting Coordination” promo, a little more “Alienation Theory” promo never hurts:

ession : AFCC1101
2. Advanced Challenges in Parenting Coordination
Conference : Pre-Conference Sessions from the 48th Annual Conference
Speaker(s) :
  • Successful parenting coordination is dependent on a research-based understanding about what works and what doesn’t. This institute will help participants optimize outcomes with difficult parenting coordination cases by constructing a framework for success. Presenters will address parenting coordination from the mental health {{1st things first — Mental Health First, Legal  — 2nd}} and legal {{legal rights?  legal ethics?  or how to expand the legal profession(and further undermine civil rights) by engaging mental health professionals?}} perspectives offering a multidimensional understanding of the process. Participants will be better prepared to address complex parent coordination cases.  {{PARENTING COORDINATION EXISTS to handle the Complexity Groups like AFCC have already introduced.  Apparently, this has gotten out of hand, and not parenting coordination itself has (already) gotten “complex” and needs coaches to tell coordinators how to keep it together…}}
  • Debra K. Carter, Ph.D., National Cooperative Parenting Center, Bradenton, FL Hon. Hugh Starnes (ret.), Ft. Myers, FL Denise L. Baier, M.A., Ft. Myers, FL B. Kerry Brown, M.S.W., Temple Terrace, FL


Session : AFCC1102
3. Differential Responses to Alienation: Risk Factors, Indicators and AssessmentConference : Pre-Conference Sessions from the 48th Annual Conference
Speaker(s) :
  • Alienation has serious consequences for children and families. Based on a differential response model, the presenters advocate for early identification of parent-child contact problems and risk factors for the occurrence of alienation, and the implementation of appropriate, targeted responses. **  This institute (“INSTITUTE”???) provides a framework (indoctrination model) for assessing and intervening with families to resolve parent child contact problems before behaviors become entrenched; and help judges, lawyers and mental health workers to effectively respond to cases of alienation.** The analytical framework presented is based on a review of literature and case law, interviews with practitioners and scholars, and clinical experiences.
  • Nicholas Bala, LL.B., LL.M., Queen’s University, Kingston, ON, Canada Barbara Jo Fidler, Ph.D., Toronto, ON, Canada Michael Saini, Ph.D., M.S.W., University of Toronto, Toronto, ON, Canada

***”Alienation” is like the headless horseman.  It’s been proved scientifically unsound and rejected by the American Prosecutors (etc., etc.) — but it rides on, in places like this.

A group taking Violence Against Women funds is now in bed with the “let’s not talk about it!” AFCC, lending a false legitimacy to the discussion.  I have tracked funding from this one (BWJP) and am presently p*ssed off at the alliance — although hardly surprised by it.  FOr the record, attempts were made to contact Ms. Frederick about AFCC regarding mis-use of the federal program funds to pay off custody switching to batterers/molesters (as I recall Liz Richards relating this — I was the person who alerted her to BWJP hooking up with AFCC).   For a number of years, HHS grants of $1.78 Million went to this organization.  The mutual blindness is probably not accidental — it’s a symbiotic relationship to keep the grants coming and support the published professionals — while parents, I must say, perish, or just about….

Session : AFCC1122
16. Examining the Family Court Response to Cases Involving Domestic Violence: Findings of the Henry County Ohio Safety Audit
Conference : 48th Annual Conference
Speaker(s) :
  • This workshop describes the methodology and outcomes of a recent study of the legal and social service systems used to resolve child custody matters involving allegations of domestic violence. The Safety Audit, an institutional ethnography process, generated practical recommendations for strengthening the responses of various family court practitioners to custody cases involving domestic violence. Local and national audit team members will share the findings and recommendations of this audit and discuss the challenges of the process.
  • Loretta Frederick, J.D., Battered Women’s Justice Project, Winona, MN Hon. Denise McColley, Henry County Family Court, Napoleon, OH Richard L. Altman, J.D., Magistrate, Napoleon, OH PamWeaner, J.D., Legal Aid of Western Ohio, Defiance, OH
  • CLICK THE pdf ICON FOR SESSION HANDOUTS DOWNLOAD PDF File

These people truly do not know what time of day it is.  What they do know, however, is where their next plane ticket is coming from.  The difference in perspective comes from a consciousness and quasi-religious (in some cases, less than quasi-) belief that the world is fair, and that certain types of professionals are essential to keep it balanced — if only those danged parents would be more docile when ordered to sit still and be taught at!

Here, Ms. Frederick is on a Domestic Violence Task Force (“Wingspread Conference”) with a bunch of AFCC-ers, giving their concerns about the matter a veneer of respectability.

http://www.afccnet.org/pdfs/AFCC%20Five-Year%20Report%20Web.pdf

(hover/click to see summary text on link.  Looks like AFCC, bored with the US, is providing social science libraries to developing nations, to make sure they develop right — Philistines, Nepal, Sri Lanka, Pakistan, Mongolia.  I don’t suppose any of these materials might take into account cultural differences or, for example, address family problems caused by — shari’a law, and   honor        killings?   ???  Are we still into co-parenting issues there, too?  Or is it just the ol’ bread and butter parental alienation, plus bring on the court-referred mental health professionals?  Do we think that these countries are going to need fatherhood commissions to balance out the destructive feminists in developing nations who — for example — attempt to marry out of their faith, or are guilty of having been gang-raped without 4 male witnesses to testify it wasn’t consensual adultery — punishable by death, to the woman at least..?)

I really have to question AFCC’s motives in all this — what “world” do they live in? Where are their heads at?

And we are letting this PRIVATE, JUDGE~MENTAL HEALTHPROFESSIONAL-ORIGINATED, NONPROFIT(and originally, tax-dodging) PRIVATE organization basically run the family law system, which receives PUBLIC funds, from the top (California Judicial Council, Texas Supreme Court, at least, and plenty of superior court judges are members) to bottom and even let them train paraprofessionals who don’t even belong there to start with  ?   ???  And we then fund domestic violence organizations who don’t fess up to they’re going along with the program, pretty much, by failing to report the grants angle (i.e., how it plays into custody decisions….)

???

So, YEAH, I’m disturbed by this.  Why shouldn’t I be?  Did Ms. Frederick or BWJP report on, say, in 1999, how Ohio Legislature voted a Fatherhood Commission in to law, and did they warn single mothers, including single battered mothers, how this might impact their custody cases?  See “5101.34 Ohio Commission on Fatherhood

or how its membership was specifically targeted to single females? ….  Or how this then, a mere 2 years later (2001) apparently, led to supreme-court appointed a TASK FORCE ON FATHERHOOD (you always need a task force, right?)  I hope blog readers scan through THIS document, and search for “Philip Stahl” (an expert who testified, what else), learn how people were flown out to Maricopa County, Arizona home of Dawn Axsom – oh, I forgot — she was murdered, along with her mother, on a court-ordered visitation after pleading with a family law judges to leave, as there had been death threats — to hear AFCC presentations.

Ohio Task Force on Family Law and Children

Family Law Reform: Minimizing Conflict, Maximizing Families*

*if that sounds like your basic AFCC presentation, it is….   Experts giving testimony:

Experts and Stakeholders

Individuals who testified before the Task Force

Nancy Neylon Executive Director Ohio Domestic Violence Network

The Hon. Judith Nicely President Ohio Domestic Relations Judges Association

Kevin O’Brien President of the Board Parents And Children for Equality

Eileen Pruett, J.D. Director of the Office of Dispute Resolution Supreme Court of the State of Ohio

Nancy Rodgers, J.D. Vice Provost, Academic Administration The Ohio State University

Jeff Sherrill, Ph.D. Meers, Inc. Ohio Psychological Association

Michael Smalz, J.D. Statewide Attorney Ohio State Legal Services Association

The Hon. Leslie H. Spillane Judge, Butler County Court of Common Pleas Domestic Relations Division

Philip Stahl, Ph.D. Psychologist Author “Conducting Child Custody Evaluations: A Comprehensive Guide” and “Complex Issues in Child Custody Evaluations”

Tracy Ulstad, J.D. Ohio State Legal Services-NAPIL Equal Justice Fellow

Sanford Braver, Ph.D. Professor of Psychology Arizona State University Author “Divorced Dads: Shattering the Myths”

Gerard Clouse, J.D. Attorney, Sowald, Sowald and Clouse

Christine Coates, M.Ed., J.D. Mediator and Parent Coordinator Past President, Association of Family and Conciliation Courts

Robert Emery, Ph.D. Professor of Psychology, Director of Clinical Training Director of the Center for Children Families and the Law University of Virginia Author: “ Marriage, Divorce and Children’s Adjustment”

Judy Greenberger School Psychologist, Shaker Heights City Schools Ohio School Psychologists

Don Hubin, Ph.D. Professor of Philosophy The Ohio State University

Magistrate Eva Kessler, J.D. Chair, Domestic Relations Practice Area Ohio Association of Magistrates

Deborah Kline Association for Child Support Enforcement

Michael Lamb, Ph.D. Head of Section on Social and Emotional Development National Institute Of Child Health and Human Development

The Hon. Charles Loman III Judge, Montgomery County Court of Common Pleas, Domestic Relations Division Kids Turn Program

(Did someone say there is a Kids Turn Program right on a court website?  Well that simplifies matters…CN find record of this one easily, or much on the judge….)

(This link is FYI amusement — although the mother in the case is not amused.  She did get the expense reports, however, and out one of Judge Loman’s associates for billing taxpayers on Thanksgiving Day, after having hand-delivered a final decision.  This is a PAS/Sexual abuse allegations, custody went to Daddy case, might be interesting reading….)

{2011, it looks like a ‘Parent Education Department:

“The court is led by Administrative Judge Denise L. Cross and Judge Timothy D. Wood.  The Judges are assisted in performing the duties of the court by nine Magistrates, the Legal Services Department, the Court Operations Department, Bailiffs, Court Reporters, the Legal Secretary Department, the Assignment Office, the Compliance Office, the Family Relations Department, the Mediation Services Department, the Management of Information Systems Department, the Finance Department, and the Parent Education Department.”

The required seminar (3 hrs) is “Helping Children Succeed After Divorce” as a link to this 5-yr divorce case shows, interesting docket, too.

OHIO 2001 Task Force Experts — Anyone want to bet how many of the above are members of AFCC, besides those who actually admitted it?

Here (remember — back in 2001) is the preface to the final report of this task force, showing what they did:

However, given the scope and importance of the project, the General Assembly extended this deadline, to allow this research effort to be advanced more fully.

More than two dozen experts from around the state and across the country presented testimony to the Task Force over a six-month period. Representatives from a variety of parents’ organizations,** as well as a panel of teens who had experienced their parents’ divorces, brought their unique concerns to the Task Force. Staff members obtained research articles and statutes from around the nation and the globe to find the latest policies and practices. Members of the Task Force traveled to Phoenix, Arizona, to meet with staff at the Maricopa County Court system, a nationally recognized leader in court services and pro se programs, and to conferences sponsored by the Association of Family and Conciliation Courts, an internationally acclaimed organization which provides research and programs for professionals dealing with families in conflict.**

{**and has an official policy to change the “old” language of criminal law to the “new” language of (psychology, essentially…..) –}

{**anyone see a feminist flavor within range of the task force?  Or someone willing to talk about domestic violence?    . .. Note — contents highlight the access visitation conferences.  I attended the BMCC (Battered mothers Custody Conferenc) in NY state this past January (2011) — and practically no one had HEARD of “access visitation” nor — naturally — was it even discussed.  One reason, among others, I left there in disgust.  They are no better than the fatherhood groups that don’t help fathers — it’s just about the dole, the $dollar….}

At the end of the information gathering process, the Task Force examined all of the information obtained with one goal in mind, enhancing the well being of Ohio’s children and families in a fiscally efficient and responsible way. Ideas were discussed and debated, and suggested statutory language created. The Task Force focused on the idea that Ohio’s legal and social service institutions should minimize conflict between parents and protect children from the effects of their parents’ conflicts, while providing opportunities and support to parents as they continue to be parents to their children, regardless of family structure. The following report and recommendations are the result of this extensive research effort and debate and have been unanimously approved, without any abstentions or dissents, by official action of the 17 members of the Task Force present at the final meeting on June 1, 2001.

So, given all this lead-in, I really ought to show you the Philip Stahl Promotion in the 48th annual conference (guess AFCC was only in its 30s way back then…..):

TO BE CONTINUED ON MY NEXT, HYPER-LINKED POST …

 

All the World’s a Stage. Or, is it Classroom? Or, is it Human Laboratory?

with 2 comments

Well, it depends on the point of view.  In yesterday’s obnoxiously long post, I ran across the phrase “Recalcitrant parents” being used in Kids’ Turn propaganda.  The word “recalcitrant” is generally applied to the word “child” —

A Sampler of Timeless  “Wisdom” across the centuries:

  • “All the World’s A Stage” … the bottom line is…

1600s, roughly:

William Shakespeare – All the world’s a stage (from As You Like It 2/7)

All the world's a stage,
And all the men and women merely players:
They have their exits and their entrances;
And one man in his time plays many parts,
His acts being seven ages. At first the infant,
Mewling and puking in the nurse's arms.
And then the whining school-boy, with his satchel
And shining morning face, creeping like snail
Unwillingly to school. And then the lover,
Sighing like furnace, with a woeful ballad
Made to his mistress' eyebrow. Then a soldier,
Full of strange oaths and bearded like the pard,
Jealous in honour, sudden and quick in quarrel,
Seeking the bubble reputation
Even in the cannon's mouth. And then the justice,
In fair round belly with good capon lined,
With eyes severe and beard of formal cut,
Full of wise saws and modern instances;
And so he plays his part. The sixth age shifts
Into the lean and slipper'd pantaloon,
With spectacles on nose and pouch on side,
His youthful hose, well saved, a world too wide
For his shrunk shank; and his big manly voice,
Turning again toward childish treble, pipes
And whistles in his sound. Last scene of all,
That ends this strange eventful history,
Is second childishness and mere oblivion,
Sans teeth, sans eyes, sans taste, sans everything.

Whatever you may think of that phrase, it’s full of metaphors, and takes a few minutes to chew on them, translate into perhaps common terms (what is he referring to, in other words?) and you come out with a perspective on life  pretty close to “from dust to dust.”  Shakespeare’s seven stages of man go from infant to infant:  A child “mewling and puking in its nurses’ arms…”  and towards the very end, like the last scene, “sans (without) teeth, sans eyes, sans taste, sans everything.”  There is a real truth to this, and perspective — Life has stages, beginning, and end.    Noting this, with elegance, puts man — meaning ALL of us — humbly in place; all have exits and entrances, and all go to the same final stage — helpless, like a child…

For his shrunk shank; and his big manly voice,
Turning again toward childish treble, pipes
And whistles in his sound.

At least it makes you think!

The World is a stage, and a sense of perspective says there are different acts, AND bottom line, the play is over, it has an exit, no matter how poorly or well we played our parts.  He pokes fun at the sixth stage, a Justice — “full of wise saws (sayings)…”.  He’s going to slip into high-pitched voice, no teeth, and that impressive presence is going to turn back into a helpless infancy on the way out…

Shakespeare’s speech finds something to mock in every stage — appropriately, because,

the bottom line is… there will be an exit.

Hundreds of Years BC (or, to be Politically Correct, “BCE”):

Solomon (book of Ecclesiastes, “the Preacher”)


  • Vanity of Vanity, all is Vanities — the bottom line is …


From Ecclesiastes 12 (last chapter)–

Remember now thy Creator in the days of thy youth, while the evil days come not, nor the years draw nigh, when thou shalt say, I have no pleasure in them; 2While the sun, or the light, or the moon, or the stars, be not darkened, nor the clouds return after the rain: 3In the day when the keepers of the house shall tremble, and the strong men shall bow themselves, and the grinders cease because they are few, and those that look out of the windows be darkened,4And the doors shall be shut in the streets, when the sound of the grinding is low, and he shall rise up at the voice of the bird, and all the daughters of musick shall be brought low;

Basically, he’s describing that seventh stage of life, in a very picturesque way, rich in symbolism.

5Alsowhen they shall be afraid of that which is high, and fears shall be in the way, and the almond tree shall flourish, and the grasshopper shall be a burden, and desire shall fail: because man goeth to his long home, and the mourners go about the streets: 6Or ever the silver cord be loosed, or the golden bowl be broken, or the pitcher be broken at the fountain, or the wheel broken at the cistern.
7Then shall the dust return to the earth as it was: and the spirit shall return unto God who gave it. 8 Vanity of vanities, saith the preacher; all is vanity.

And he gently mocks the endless writings….

. . .of making many books there is no end; and much study is a weariness of the flesh.

To be condensed into:

Let us hear the conclusion of the whole matter: Fear God, and keep his commandments: for this is the whole duty of man. 14For God shall bring every work into judgment, with every secret thing, whether it be good, or whether it be evil.

Again, the bottom line is Fear God, because what you do, including what you tried to do in secret, is going to be judged (in the resurrection, is implied):

Remember thy Creator while young, and Fear God, keep his commandments.  THere’s even a rationale provided:  “for God shall bring every work into judgment, every secret, whether good, or whether evil.”

Even those who may not believe in that future judgment, or in terms such as “good” or “evil” (perhaps this is a sad loss in our society, to openly say we believe there is good and there is evil — as opposed to functional & dysfunctional, healthy and unhealthy (as defined by ……?) might be able to grasp some interest in the symbolism, the recommendation towards humility in life. Some of the phrasing, about Times and Seasons has made it into music, old and new…   it’s simple enough to grasp the concept….

“Simple Pictures are Best!”

The basic commandments cited were about ten only (one for each finger, in intact humans), not too many to count…and they too had a condensed internal order to them that refer to ethical behavior and not putting onesself first as “God” in worship, or in relationships.  Most of these have some direct parallel in law today  — i.e., thou shalt not bear false witness ( slander, libel, perjury), though shalt not steal (self-explanatory!), thou shalt not commit murder (homicide), and a few most have tossed since — honor the sabbath, honor mother and father, don’t commit adultery (definitely tossed by the wayside), and stop coveting all your neighbor’s stuff.

How about just TWO concepts?

Anyhow, moving on…  Jesus, in the gospels, further simplified those 10 down into just 2:  Love God with all your heart, soul, mind and strength and love your neighbor as yourself. Hard to remember?  No.  Hard to do?  Yes.  But one need not Ph.D- it (pile it higher deeper) (Ph.D.) to practice, or sit at the feet of one to practice these, either.  It relates to choice, determination, and will  — not education only..

Even atheist George Carlin (search my site — believe I linked to this YouTube) was able to boil those 10 down to 2 also, and with some humor. Most normal people could figure these out.  It takes  a special mindset NOT to….

Fast forward to somewhere between 30 and 70 A.D. excuse me, politically more correct, “CE”).  This — still in Shakespearean English (but in any language — Greek, Hebrew — the elegance of language still holds)

Or, OK, THREE main concepts…

  • Things go better with “Love” (Charity) — without them, it’s just all show and noise”

The apostle Paul, to some Gentiles with significant “relationship” problems, including even incest, strife, and divided loyalties, ignorance, and (this addresses), the omnipresent hyperinflated EGO…

<< 1 Corinthians 13 >>
King James Version

1Though I speak with the tongues of men and of angels, and have not charity, I am become as sounding brass, or a tinkling cymbal. 2And though I have the gift of prophecy, and understand all mysteries, and all knowledge; and though I have all faith, so that I could remove mountains, and have not charity, I am nothing. 3And though I bestow all my goods to feed the poor, and though I give my body to be burned, and have not charity, it profiteth me nothing.

There is a difference between doling out tons of charity, and living with this love and concern for others’ well-being.  They are not the same things, and sometimes people sitting atop and running charitable foundations can be real pompous and arrogant.  I can think of few things more arrogant than the attempt to train the entire U.S. population (at its own expense) in concepts like “fatherhood” or “abstinence” and so forth….  let alone “healthy relationships.” Sorry, but that’s ARROGANT!  Congresspeople that voted for this are not likely monogamous, uniformly faithful to their own wives (and/or husbands — though its the male indiscretions we hear most about), or even all straight.  The intent is to legislate this for the common folk — not the upper echelon or the policymakers.

Bear with the Bible stuff, please…

I wouldn’t be exposing readers to all this scripture without a point, be patient please.  To recall:  all the world’s a stage, in the bottom line, all is vanity — you’re going to die, one way or another/strength will fade; constant writing of books is weariness of the flesh, and MOST wisdom can be condensed down in to a very few basics — whether 2 items (Fear God & Keep his Commandments), 2 OTHER items (Love God with all you got AND your neighbor as yourself), or here, we are going to have THREE items, and ranked as to which one ranks the highest:

12For now we see through a glass, darkly; but then face to face: now I know in part; but then shall I know even as also I am known. 13And now abideth faith, hope, charity, these three; but the greatest of theseis charity.

This world view values humility, and realizes that changes happen — that we are NOT know-it-alls or perfect.  So, until then, recognize this, and focus on the three most important qualities:

  • Faith
  • Hope
  • Charity

The first two relate specifically to the religion — faith in Jesus Christ, hope in the return, and future judgment of good & evil, and that we are on the right side of that judgment, and recognition that, like it or not, a lot of secret things will exist till then.  ALl will come out in the wash.  Faith and Hope relate SPECIFICALLY to where the individual will stand at that future judgment, and expects it to come.

I don’t take this (case in point, see blog!) to mean passivity in the face of evil, or lack of social justice efforts.  But anyone who undertakes serious reporting of corruption, crime, or attempts to clean up institutions, or to live so clean one-self regarding all standards– will soon learn it’s a rough road (if a good one) and a risky one, and vast in nature.  Without some kind of personalized hope, personalized faith in what one is doing, the sustained effort simply wouldn’t be worth the pain and drain!

People who have this faith and hope (whether in this religion, or other causes they actually are personally committed to) are hard to manipulate, sway, and intimidate — and threaten people to whom those practices are normal.

Among such groups are parents attempting to protect their children from abuse, and I have to say judging by the courts, that SOMETHING about the mother-child relationship must be quite threatening to the status quo — because it has been disrupted, intentionally and systematically, by judges, and “in the best interests of the child.”  The real bottom line in the courts is, parents cannot decide for themselves, and must not be allowed to.  they are infants, they are incompetent, they are “recalcitrant” some literature from Kids Turn said (last post….).  They need to be taught….  ALL of them…..

We just passed the month of Valentine’s Day.  That’s about romance.  This is a deeper kind of action:

The Greatest of these is Charity.

It will abide beyond the Faith and Hope…

It is the deepest motivator.

 

the bottom line is… charity.  And a healthy dose of humility — because now, we know in PART…

Now, I’d like to contrast the above sections with where we are now, in the permanently in need of education, training and I suppose, diapering?, population of the United States of America primarily from the Executive Branch, and again, at its own expense…

No more stages of humanity — for those teaching or for those taught.  Of childhood and development, yeah sure – but once in the courts, immaturity for ever seems to be assured.  THis is basic public policy (those doing the teaching and “training” excepted, of course).  We have really sunk so low to a permanent, unchangeable state of needing to be taught and trained….  And this is reflected in the degraded, pompous, self-important language of the trainers, which bears no relationship to the timeless wisdom of the ages — Love God (i.e., YOu are not God..) Love your neighbor, work no ill to your neighbor, and keep things in perspective…life has stages, and consider how you spend them, because assuredly there is an exit.

Nope, no more of that.  Instead we have “constructs” and “Initiatives” and “Explications”.  We have ever-expanding “mental health” needs (probably because the society is so insane!….).

How about “Parenting Coordination”?

I’ll just pick a random AFCC conference agenda, or a random term, for a sampler:

  • All North America — well, at least (here) USA — and heck, let’s throw in Canada — needs PARENTING COORDINATION:
  • Parenting Coordination.  The bottom line is. .  we need parenting coordinators.

    But someone has to Coordinate the “parenting” coordinators — so why not put together a task force to define practices in this new field defined (and created) by the court system itself…

This is from May, 2005

Guidelines for Parenting Coordination

Developed by The AFCC Task Force on Parenting Coordination May 2005

Scratch the surface (or look at the foundations — see my blog!) of almost any family court, or “domestic relations” court, or “Unified Family Court” system — and this AFCC organization will be there, and probably helping run it as well.

Just enjoy the elegance, catch the flavor, catch the drift…..

The Guidelines for Parenting Coordination (“Guidelines”) are the product of the interdisciplinary AFCC Task Force on Parenting Coordination (“Task Force”). First appointed in 2001 by Denise McColley, AFCC President 2001-02, the Task Force originally discussed creating model standards of practice. At that time, however, the Task Force agreed that the role was too new for a comprehensive set of standards.

The Task Force instead investigated the issues inherent in the new role and described the manner in which jurisdictions in the United States that have used parenting coordination resolved those issues. The report of the Task Force’s (2001-2003) two- year study was published in April of 2003 as “Parenting Coordination: Implementation Issues.”1

The Task Force was reconstituted in 2003 by Hon. George Czutrin, AFCC President 2003-04. President Czutrin charged the Task Force with developing model standards of practice for parenting coordination for North America and named two Canadian members to the twelve-member task force. The Task Force continued investigating the use of the role in the United States and in Canada and drafted Model Standards for Parenting Coordination after much study, discussion and review of best practices in both the United States and Canada.

AFCC posted the Model Standards on its website, afccnet.org, and the TaskForce members also widely distributed them for comments. The Task Force received many thoughtful and articulate comments which were carefully considered in making substantive and editorial changes based upon the feedback that was received.

I was in the court system at this time.  No one asked MY opinion….  Of course we weren’t the type of family that could afford the custody evaluation/parenting coordinator route.  There are two tracks in the courts (surely you know this by now) — families with money to be drained out — they go for the custody evaluation route — and families WITHOUT money to be drained out — they go the mediator route, with the end goal of getting the minor children away fro BOTH parents and into the foster care system somehow.  Alternately, someone in government could end up personally adopting children, or adolescents, if such is desired.  (see my Wacko in Wisconsin series — an account is detailed, and the on-line docket supported the pattern the forlorn, probably bankrupt by now mother, described).  Sometimes foster care kids get trafficked (Franklin County, NE coverup being a horrible example).  Sometimes they run away and get picked up by other abusers, as has happened in the Northern California area at least once.  So the No-MOney-to-extort segment of society, they are encouraged to fight in court, and then, any number of alternatives may result — but I do know in my case, when I said I was NOT going to call in CPS on a simple (but blatantly illegal) violation of a physical custody order, the local law enforcement stood by with their arms folded.  I wasn’t going to, as a mother, produce some income for the county up front by abandoning my children, so “forget you!”

Track one — extort money from the parents by promoting litigation on frivolous issues, call in some parenting coordinators, custody evaluators, court-appointed attorneys, or in short almost anything court-associated.  The medical equivalent would be something similar to dialysis — blood is drained out, recirculated at huge expense, and put back into the parent’s and children’s blood stream, a total sea change of relationships…

Track two — is “Give us your kids, or forget you”

Back to the sample of “literature” in the endless education field of the courts:

Even the name of this document was changed to “Guidelines for Parenting Coordination” to indicate the newness of the field of parenting coordination and the difficulty of coming to consensus in the United States and Canada on “standards” at this stage in the use of parenting coordination. The AFCC Board of Directors approved the Guidelines on May 21, 2005.

The members of the AFCC Task Force on Parenting Coordination (2003 – 2005) were: Christine A. Coates, M.Ed., J.D., Chairperson and Reporter; Linda Fieldstone, M.Ed., Secretary; Barbara Ann Bartlett, J.D., Robin M. Deutsch, Ph.D., Billie Lee Dunford-Jackson, J.D, Philip M. Epstein, Q.C. LSM, Barbara Fidler, Ph.D., C.Psych, Acc.FM. Jonathan Gould, Ph.D., Hon. William G. Jones, Joan Kelly, Ph.D., Matthew J. Sullivan, Ph.D., Robert N. Wistner, J.D.

1 See AFCC Task Force on Parenting Coordination, Parenting Coordination: Implementation Issues, 41 Fam. Ct. Re. 533 (2003).

Joan Kelly, Ph.D. (not ‘J.D.”) appears to be one of the grand dames of the system – her name, and her work is “everywhere.”  Then again, AFCC has great PR.

At the bottom of this post (under the line of ~ ~ ~ ~ ~ ~ ~ ‘s) I’ll post a classic 2003 condensed summary of the interrelationships, still a good writing on this (Cindy Ross).  The same intelligence is also found at NAFCJ.net (Liz Richards’) blog, which has been exploring these matters since 1993…

The key to the system is the “business and professions” model analysis.  Where professional organizations, and certain professionals who conference, task force, promote certain legislation, etc., fit into this picture is that these ASSOCIATIONS (affiliated with certain professions – judges, mediators, psychiatrists, mental health services providers, and of course, now, parenting coordinators….) are going to, each and every time, try to drum up more business.  Why not — the groups boast memberships with judges on them ,and have learned how to become “principal investigators’ or “program directors” in various funding streams, and then channel those streams one way or another — and parents who lack the skill to investigate and challenge this — are babes in the wood when it comes to the family court process.  THey get lost there, too.


  • the bottom line apparently is, “NO exit from this system, at least in this life…”

The system expands — endlessly — and gets more and more pompous and arrogant in the positions, the languages, and the number task forces needed to change a light bulb. Experts fly to and fro across the country to collaborate with each other on the next (scam) (possible profession to establish from the messes created by the courts to start with!). …. Most parents are not alerted to the hyper-active flight schedule of their overlords….  or where they congregate.

What pithy language, what clear terms, what graphic real-life symbolism comes from this trade:

Overview and Definitions

Parenting coordination is a child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists high conflict parents to implement their parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with prior approval of the parties and/or the court, making decisions within the scope of the court order or appointment contract.

And a little grammar fluke “assist parents . . . .. to implement their parenting plan”  The correct usage is “assist parents . . IN implementing their parenting plan…

To review the wonderful terms, nouns, verbs, adjectives.


PARENTING COORDINATION IS  a . . . . . . PROCESS.

….Wow, I’m gripped already…. I can’t wait to hear the rest of the plot.

What kind of process?

. . . . it is a child-focused alternative dispute resolution process….

Wrong on both counts.

(1) It’s not focused on the children, it’s focused on the professionals, and drumming up more business for them.  Decently written “parenting coordination plans” (what are we, cattle??  In need of personal assistants to write in dates and times of drop off, pick up?) would need extra help to implement.

(2)  From what we are reading about the courts, the disputes don’t get resolved — but rather heightened and escalated until someone breaks, or someone else shuts down emotionally socially, etc.

…in which a mental health or legal professional ….

i.e., what AFCC is primarily composed of, and of course not any ordinary person.  People outside the fields promoted and endorsed by this group NEED NOT APPLY.  (i.e., an elite squad of only the truly informed…)

…with mediation training and experience…

Of course.  The “mediation” promotion (also endless in this field) is CENTRAL to family courts and has already been identified as how to increase noncustodial parenting time.  They have rules, but don’t follow them.  Fact-finding on the parents is DISCOURAGED in some circumstance.  Recently, an ETHICAL mediator was fired (for doing the right thing — actually reading where criminal records existed — unheard of almost, in this field) and won a case that her firing was discriminatory retaliation for, basically ,whistle-blowing.

This quote is from TODAY’s post, article by Peter Jamison, cover story on the SF Weekly.

{FYI:  I have submitted 2 comments (under this name) on the site Rightsformothers.com which, if approved, may shed some more light on the article and what it does, and does not, cover.}}

Emily Gallup, a Stanford-educated mediator in the Nevada County Family Court, was fired after her supervisors criticized her for reviewing parents’ criminal histories when making her custody recommendations. In a March 2010 written reprimand of Gallup prepared by Court Executive Officer Sean Metroka, and obtained by SF Weekly, Metroka states that it was “unprofessional and unacceptable” for her to have requested a criminal history report in a recent case she was handling. “I admonished you not to take the role of a court investigator,” he wrote.

Research on parents is part of a mediator’s job, as it is for evaluators, minors’ counsels, and judges — no single court official is specifically designated as an “investigator.”

Hmm.  I was told — to my face — by a court mediator that he could NOT even look at information I submitted which completely countered the story portrayed in court.  It included handwritten notes from my daughters at a young age, and some photographs of them.  But I was told that because it hadn’t been filed also with my ex (on the record) he couldn’t look at mine.  THis didn’t go both ways — the information he himself had, submitted by my ex, I hadn’t received before the meeting.  And I had ONE shot to state my case as to a multi-page, pre-fab, INDEXED parenting plan which I hadn’t seen in advance, to “come to an agreement” or take it back to court.  My ex didn’t type at the time, and it clearly wasn’t his work.  Moreover, once I (year or so later!) learned the rules of court for parenting plans involving domestic violence — this didn’t follow any of them.  I suspect by then he’d already been contacted by a fatherhood-funded program attorney, who knew what to do — file for divorce and custody, and set up a parenting plan that didn’t state place, or exact times, and was GUARANTEED to produce a lot of debating and negotiating on these matters — and there was a restraining order on at the time….

I can see wisdom in the mediator NOT going beyond the court file– contrary to this article’s portrayal.  How can a parent respond to invisible information he or she has not received or been served?  It dilutes the legal due process.

Metroka says that Gallup went too far, conducting criminal background checks in cases where they weren’t relevant. “It’s easy to violate [parents’] due-process rights if you try to make more out of a case than is there when it’s presented to you,” Metroka says. “Emily’s position is that in every case a mediator should investigate and get every piece of evidence she can before the mediation.”

Just last month, Gallup prevailed in a grievance against the family court system over her dismissal. Arbitrator Christopher Burdick found that she “had reasonable cause to believe that Court’s Family Court Services department had violated or not complied with statutes and rules of court,” and ordered an audit of the court to investigate the claims in her grievance.

“They’re making these monumental decisions based on air,” Gallup says. “They think if you have too much information about a parent, that makes you biased. My contention is, if you have more information, that will make you less biased.”

Something doesn’t smell quite right about this situation.  Perhaps Gallup is not aware, as some of us are, of the true purpose of mediation– which is to increase noncustodial parenting time, per federal grant, and allow the Secretary of the HHS to suggest (and get states to implement and evaluate) demonstrations on people that come through the courts, generating MORE revenue for those in courts employ, or at least in their entourage.  She musta been a rookie….

For example, suppose — in a “mis”-guided (according to this mindset) attempt to comply with the state code, (I can’t speak to Nevada, but IF it has the rebuttable presumption against custody going to a batterer code) — she checked for a criminal background in domestic violence.  This would compromise the mission of retaining federal funding and INCREASING custody to such people, and it would actually add some weight to a protective parent’s position.

OK continuing with this 2005 AFCC Coordinating the Parenting Coordinators whose job is to help IMPLEMENT an already- written coordination plan that parents are working with — people who do this must also:

Overview and Definitions

Parenting coordination is a child-focused alternative dispute resolution process in which a mental health or legal professional with mediation training and experience assists high conflict parents to implement their parenting plan by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with prior approval of the parties and/or the court, making decisions within the scope of the court order or appointment contract.

. . . assists high conflict parents to implement their parenting plan….

[pause to adjust to the “assist . . .. to” syntax error again.  OK, I’m better now …I’ll go on…]

Any legal professionals ought to know that one way to encourage a parent to comply with a written plan incorporated into any court order is, if it becomes habitual, file a contempt and seek some kind of sanction for it through the courts, putting this IN the court record..

Let us remember again – parents that comply with well-written parenting plans don’t drive more business to the courts.  This behavior should NOT be encouraged……

FIRST OF ALL both parents may not need assistance.  ONe may be an asshole, simply decides not to comply, thereby causing problem for either custodial or noncustodial parent, who then gets frustrated.  I suppose enough of that frustration, and disruption of the children’s schedules and lives and/or someone’s work, might cause the other parent to come into a state of “needing assistance” and circuitously justify saying BOTh “parents” need this help.

“HIGH-CONFLICT PARENTS” — How about someone — for god’s sake! — actually investigating what the conflict is about, i.e, analyzing it, putting that on the record, and fixing it through normal legal means, promptly?  This incessant lumping of both parents into “high-conflict” when only one may have started and continued to cause it is wrong.    It’s a lose-lose combination.

Any good parent has conflict with certain BEHAVIORS, one of which is called, failing to comply with court orders.  Complying with court orders is a GOOD value to give children.  IF the courts themselves cannot recognize this (because some organizations wish to perpetuate work for their members) then who will?

well, here’s some more decisive, to the point, and clear writing:

…by facilitating the resolution of their disputes in a timely manner, educating parents about children’s needs, and with prior approval of the parties and/or the court, making decisions within the scope of the court order or appointment contract.

….facilitating the resolution of their disputes in a timely manner…

[by creating a co-dependent behavior between the parenting coordinators and the parents, in total conflict the court’s own theory that any domestic violence (etc.) issues are just disputes and parents should WORK IT OUT THEMSELVES!]

[“facilitating dispute resolution in a timely manner” and involving more court personnel is an oxymoron.  It’s a contradiction of terms!  Add to this Task Forces that can’t write straight, and what a mess!  Most family law cases I personally know lasted a minimum of five years, some, three -times that.  These professionals are most likely WHY….]

…educating parents about children’s needs. .

AHA!  We come to the juicy caramel center of what this is about — another opportunity for endless education, including Kids’ Turn -type agenda..

Why don’t these professionals content themselves with HAVING and RAISING their own children — grandchildren, if they need to — and thus be able to help form new characters etc.  Or, are they the cast-offs from the public education system, which is constantly having “peripheral” positions cut, such as psychologists and counselors, librarians, and sports/arts/ etc.  roles?

 

“…..and with prior approval of the parties and/or the court, . . .

“…OR the court?” Meaning, if the parties don’t approve beforehand, the COURT can make more “prior approval” decisions WITHOUT their approval or prior knowledge? (commonly called ex parte when it changes a court order, so I guess this one just means, sort of fine-tuning the terms of an existing one.  If that.  . .   It shoulda been fine-tuned out the gate. ….

making decisions within the scope of the court order or appointment contract.

In other words, high-conflict parents (some of which conflict might be with poorly-written court orders, or inappropriate decisions to start with) should become co-dependent/passive and learn to let these people make their decisions instead.  Also, if some highly legitimate causes of conflict exist (like someone threatened to abduct, or did) — then how nice to have already got a new profession in place in case some illiterate judge goes back to allowing shared parenting after custody-switch, etc.  (Many mothers know that the “shared parenting” with an abuser escalates in conflict, and leads to various crises, and sometimes on calling on the courts (a mistake, probably) to resolve this . . a judge will switch custody.  Thereafter, she may not see her kids again — PERIOD.  Or, only for pay — and a high pay — such as supervised visitation for HER (because of potential “parental alienation..”).  … And so on.

<><><><><><><><><><><><><><>,

(Apologies today — my hyperlink function on this computer is temporarily not functional — so I am pasting titles, not links, to material discussed….).

MORE FROM TEXAS AFCC, 2007, ON THIS SAME TOPIC:

Report of the Texas Association of Family and Conciliation Courts Taskforce on Parenting Coordination

(translation:  two years later, still needing more task forces..)

Members

Jack Bannin, San Antonio, TX Carrie Beaird, Dallas, TX Mike Booth, Dallas, TX Mary Bullock, San Antonio, TX Deborah Cashen, Houston, TX Jeff Coen, Dallas, TX

Bradley Craig, Arlington, TX Deborah Higgs, Galveston, TX Sondra Kaplan, Houston, TX

Toni Jo Lindstrom, Texas City, TX Susan Marsh, Houston, TX Judith Miller, Houston, TX Leta Parks, Houston, TX

Aaron Robb, Keller, TX Christy Schmidt, Dallas, TX Dina Trevino, San Antonio, TX Robin Walton, San Antonio, TX

Compiled by Aaron Robb, Chapter President August 8, 2007

Read a bit of this and see how it’s clear they wish to limit WHO can be a parenting coordinator to affilliated professions…. and missed the legislative bandwagon that might have allowed such a professional restriction…  This article cites the one above, summarizing the scenario like this:

The AFCC parent organization began examining the issue of parenting coordination early in this century, forming a Taskforce on Parenting Coordination composed of nationally known experts in this emerging field.

“Nationally Known Experts in this emerging field.” .   That’s “rich.”  why does this, somehow, remind me of The National Fatherhood Initiative’s self-description as having been started by a “few prominent thinkers” back in the 1990s?  Maybe it’s just the tone, I can’t say for sure.

“this emerging field”  — -give me a break!  With time, one comes to understand that in some lips the words ’emerging field” actually means a field that they (themselves, or close associates) are personally developing and promoting — in part by naming task forces after it — and it didn’t “emerge” like grass, or buds at springtime, or chickens from eggs, except that it IS sure that the seed was planted long ago that the sky’s the limit on professions that can spring out of the family court high-conflict parenting theme….

Supervised Visitation “emerged” the same way, as did “Batterer Intervention Programs.”  Neither has proven particularly effective, both require lots of conferences, task forces, publications, and nonprofits to actually DO the supervising and intervening.  Also those last two terms are known compromises with the battered women’s movement which in late 80s/early 1990s was much more pushing for full separation of the women and children from the danger, whether in shelters, or through full-custody.

The initial Taskforce produced a report entitled Parenting Coordination Implementation Issues in August of 2003 outlining the various forms and formats of practice that fell under the general heading of “Parenting Coordination.” The task force was reconstituted in 2003 and continued its work, expanding to examine best practices in both the United States and Canada.1

In 2004, in anticipation of growing interest in parenting coordination services in the state, Texas AFCC conducted a formal survey of our members, examining basic issues of role clarity and role delineation. At the same time Texas AFCC was approached regarding input on legislation that was being drafted regarding parenting coordination for the 2005 legislative session.

(Probably by someone affiliated with a father’s rights program… or CRC, etc.)

Responses from AFCC members to the survey came [“amazingly” given what AFCC is basically comprised of] from a mix of legal and mental health professionals, however the actual legislation regarding parenting coordination failed to address many of the prevailing opinions noted in the survey.

Chief among these was a strong consensus (89%) that to be qualified as a parenting coordinator a practitioner should be a mental health professional. A majority (56%) also noted that a parenting coordinator should be trained as both a mediator and parent educator.

If this became law, then any HIGH-CONFLICT PARENTS with POORLY WRITTEN PLANS (or, one or more parents who refused to comply with them) ARE GUARANTEED TO HAVE A HIGH-PRICED MENTAL HEALTH PROFESSIONAL — OR ATTORNEY — WITH A MEDIATIOR (PROMOTE MORE ACCESS FOR NONCUSTODIAL PARENT) MINDSET, AND A PENCHANT FOR EDUCATING PARENTS.

I CANNOT THINK OF ANY FIELDS I WOULD LESS LIKE HAVING IN MY PERSONAL OR RELATIONSHIP LIVES.  WOULD YOU?  SUPPOSE ONE PARENT JUST DECIDES TO ABANDON THE KIDS ON WEEKENDS WHEN YOU MIGHT HAVE, FOR EXAMPLE, A SOCIAL LIFE OR DATE.  OR HE MIGHT…  CALL IN THE MENTAL HEALTH PROFESSIONAL AND SIT DOWN — BOTH OF YOU — FOR MORE LECTURES ON HOW TO BE A PARENT, LET ALONE AN ADULT WITH A COMMITMENT OF SOME SORT!

THIS IS WHAT THIS GROUP APPEARS TO WANT.

A substantial majority of members (74%) also indicated that they believed parenting coordination Services should be non-confidential to allow reporting back to the court.


THIS NEXT SECTION IF FUNNY, IF YOU THINK ABOUT IT:

The AFCC Board of Directors accepted the final report and Guidelines on May 21, 2005.

Unfortunately this direction from the parent organization came too late for our local group to effectively act on it. HB 252 (relating to the use of parenting plans and parenting coordinators in suits affecting the parent-child relationship) had been introduced in February 2005 and had been voted out of the House by April 2005. It was subsequently voted out of the Senate in May 2005 and sent to the governor just days after the parent organization’s years worth of work on this issue came to a close.

Sounds to me like the would-be coordinator coordinator’s task force, dreaming about expansion into Canada, wasn’t too coordinated — and didn’t pay attention (or process input from the local Texas AFCC group) in time for the parenting legislation to be voted on!  They were behind the 8-ball.

And this is who is trying to restrict the profession to people like themselves!

Parenting coordination is a maturing field and nationally there are many different theoretical and practice models for services that fall under the broad heading of “parenting coordination.”

Keep your (God-damn) “practices” away from my kids, and me.  If I have a broken leg, I’ll go somewhere around a medical practices. If a loose tooth (both of these factors which may occur around “high-conflict” marriages and/or divorces), a dentist.  If I am short an academic degree, or wishing to enter a new field MYSELF, I will approach someone qualified in that PRACTICE and will myself engage, and PRACTICE that they are qualified to teach, forming a contract between me and that person which PROBABLY would be bound the contracts, (i.e., breaking it would be a “tort” and could be handled in CIVIL courtrooms, unlike “relationship” issues which land up in this morass of family law….)

But for the “crime” of having a relationship (marriage, or out-of-wedlock birth parent) that went sour — in other words, it wasn’t a great match, or something seriously deficient or wrong showed up — we are to be doomed FOREVER to being ordered into FAMILY COURT PRACTICE PROFESSIONS (“parents forever, right?”) by a group of people who can’t find something more useful to do with their lives, and which might require hard sciences or truly disciplined practice THEMSELVES….

Here it is — they want more “training.”

Increase education and training requirements for parenting coordinators to include basic and advanced family mediation experience as well as formal parenting coordination training for all parenting coordinators.

Commentary: Given that parenting coordination is now firmly codified as a hybrid ADR procedure it seems only logical that the state should require parenting coordinators to have family ADR training. Issues of positional vs. interest based negotiations and other mediation related issues are core to helping families progress past their disputes and adopt a healthier problem solving strategy. This is reflected in not only the AFCC Guidelines but the Texas Association for Marriage and Family Therapy Parenting Coordinator Taskforce Recommended Practice Guidelines for a Family Systems Model of Parenting Coordination within the Context of Texas Family Law report as well.

Can you do this?  Read aloud the title (it’s ONE title) for another related to the courts organization (AMFT).  Read it in one breath, without stop, and with a straight face.  i dare you.  Now picture how many more such taskforces are flying around the land, invisibly spreading bad grammar, creating emerging fields, and writing model practices for those fields, and of course setting up the entrance fees to get into them, through more training…..

Did you?  Try again: The Texas association for marriage and family therapy parenting coordinator taskforce (break for the short-winded)…  recommended practice guidelines for a family systems model (what other kind of models would there be for ‘parenting coordination’  Extra-familial systems model, like with the athletic department of junior’s afterschool needs, or there’s a budding gymnast in the high-conflict parenting family??) within the context of texas family law

Wow — brilliant.  I myself was thinking of developing some practice guidelines that CONFLICTED with texas family law — that way, more business for the cognitive dissonance folk, mental health professionals.

 

They go on to note (apparently catching up with FL Attorney Liz Gates — who wrote this I bet much earlier in Therapeutic Jurisprudence )

Ethically dual roles are problematic (and highly restricted) for many professionals.  {{they’re more than problematic, they create a conflict of interest….}}

Attorneys, therapists, and others who may have had a previous relationship with a family member bring history to the process that may undermine their effectiveness as a parenting coordinator. A parenting coordinator who goes on to serve in one of these other roles with a family may be seen in hindsight as self-serving, and compromises the integrity of the process.

That bird has flown the coop already.  People know, parents know, they blog and write and complain on the nepotism, cronyism and backroom deals around the courts — with or without the new field of parenting coordinators.. Here’s a wise group in 2007 noticing that..  This problem is intrinsic to the family law profession, let alone an expansion in that profession..into uncharted territories where “need” is anticipated — probably because these people INCLUDE many judges who are able to order such things, if they choose to..

 

But, they want more training — naturally.

My friends, … about those court-ordered train the trainers trainings — I have to tell you something:

“Where the Wild Things Slush FundsAre.”

 

Looking for where the money went, or kickbacks tend to happen?  Look no further — you got it!

From “NAFCJ:  Fathers Rights and Conciliation Court Law’ (article by Cindy Ross of N. CA area):

When AFCC affiliates assist fathers get [in getting] custody and get [in getting] out of paying child support, they instigate frivolous litigation for their own financial gain. They take kickbacks and other improper payments to rig the outcomes of the cases. Judicial slush funds, such as the “hearts and flowers” fund exposed in Los Angeles Superior Court, are established using fees charged for child custody “training” seminars. [20]

Because Conciliation Court codes specify how funding is dispersed to the court itself, huge sums of money are diverted out of federal and state block grants by AFCC affiliates, in the guise of “amicable settlement of domestic and family controversies”. [15] (See Codes 1800-1852). The National Fatherhood Initiative (NFI) was founded in 1994, to “lead a society-wide movement to confront the problem of father absence”, i.e., to embed the fathers’ rights agenda into government policies and programs. [21]

 

This is such OLD news, but [far too] few women seem to be acting to do anything about I.  I’ve heard of more men – such as the Richard Fine folk — who at least understand the process and strongly advocate against this.  No mention of this was made in the SF Weekly Article above…. and at this late stage of the game, I’d have to say that this omission is suspect.  People who work in and report on these fields KNOW the basic literature that’s out on it, it is no longer an unsolved mystery…

 

This is not kindergarten any more.  See my Shady Shaky Foundations page, look at other sources, connect the dots, and don’t believe everything said in FRONT of the curtain. Become a Toto (Wizard of Oz) and bark, and keep on barking .

 

Maybe all the world IS a stage, but we need permission to “exit stage left” from this family court system, and as we are forced into the roles, it’s time to find out who wrote the screenplay, and who’s on the Lights, who’s pulling curtains where, and who is providing the cue cards…

 

To Be, or Not to Be, that is the question…”

A recent hit movie “The King’s Speech” shows how a man overcame a stutter because he had to be king in the time of radio — and when Hitler was  threatening Europe and Great Britain.  He didn’t want to be a public speaker, OR king — and as presented, he’d suffered some serious childhood abuse, emotional and physical (like not enough food) which probaby precipitated the stutter — but he stepped up to the plate once he fired the bad speech coaches (including the ones recommending smoking!) and got an off-ball, un-doctored Australian who actually knew how trauma works, and how to get past it.  The relationship was STILL voluntary, even by a king, or future king — but once it was entered into, it became successful.

We are in times like that.  I’d rather be doing something else, and investigative reporting is not my primary field, and smoking out slush funds is very disturbing.  But it certainly beats walking around in a daze, wondering what happened, and blaming something or someone else for the problem!

I changed from doing free PR for psychologist professionals who talk about PAS and bad custody decisions (and not slush funds, federal funds, and fatherhood funding, etc.).  I changed because I missed my daughters, and I love them, and as part of this love, I want the truth out.  As part of caring about my local communities, I want to spare others going through three or four years of anguish as I did (at least) BEFORE I connected some of these dots.

 

Remember — Three things abide, BUT, the greatest of these is charity.
How’s yours these days?

 

 

~ ~ ~ ~ ~ ~ ~ ~ ~ ~

For footnote to Joan Kelly being omipresent (sort of) in these organizations and their literatures:  From 2003,



NEWSMAKINGNEWS.COM
http://www.newsmakingnews.com/ross,familycourtcorrupt2nd2,19,03.htm

Family Court Corruption, Part 2: Fathers’ Rights and Conciliation Court Law: Federally funded misogyny and pedophile protection

by Cindy Ross © 2/19/03

Numerous reports have identified bias against women and corruption in family courts across the country. In bizarre and illegal rulings, family court judges ignore or deliberately suppress evidence of male perpetrated family violence and child molest. Fathers who are batterers and sex offenders are routinely granted visitation and custody, while mothers and children trying to escape abuse are punished through financial sanctions, loss of custody, supervised visitation, jail and institutionalization. [1]
While publicly touted as “responsible fatherhood programs” official federal documents say the purpose of their programs is to provide noncustodial fathers with free attorneys to litigate for custody. [4]

. . . . {{SO — read those document, just don’t buy the “party line” that it’s really all about “relationship coaching” and healing, and so forth… It ain’t.

AFCC affiliated experts who have established federal “model custody” programs using PAS methodology, include Joan Kelly, a founding official of CRC, and Judith Wallerstein of the Center for the Family in Transition.

 

Richard Gardner originally based his PAS theory on Wallerstein’s and Kelly’s research. [23] Joan Kelly sets up family court services programs and trains judges and “special masters” (mediators with quasi-judicial authority), using Access to Visitation grant funding. She is also connected — primarily through CRC — to Michael Lamb, of the National Institute of Child Health and Human Development. Kelly and Lamb promote materials developed by Richard Gardner (and other pedophiliac experts), in conferences and seminars regarding “parenting time” and “alienation”. [8]

Judith Wallerstein, is an advisor to NFI. According to CA NOW’s “Family Court Report 2002”, in 1986, Wallerstein provided testimony — along with David Levy of CRC — to the House committee on Children, Youth and Families. regarding the “problems of single female parent families”. [24]

Members of Wallerstein’s Center for the Family in Transition and Kelly’s Northern CA Mediation Center, have “reformulated” PAS as “alienated children”, possibly to distance themselves from Richard Gardner.

However, in addition to being connected to some of the most egregious local (Marin County, CA) PAS cases, as the “Northern CA Task Force on the Alienated Child”, their group promotes PAS custody switching methods and “threat therapy” at AFCC conferences around the country and the world.

[25]Wallerstein, Horn, Eberly and others connected to NFI, CRC and AFCC have expanded the Conciliation Court agenda to include not only divorce prevention, but marriage promotion. By merging conciliation court and fathers’ rights agendas with a “faith based” marriage “movement”, they call for even more federal programs promoting “two-parent” families, through “marriage initiatives” funded by TANF/Welfare grants. [26]

 

And we wonder why the economy is in such crisis!

~ ~ ~ ~ ~ ~ ~ ~ ~

%d bloggers like this: