NYT letter to editor, A Call for Drastic Changes in Educating Lawyers, Ethan Bronner, Feb. 11, 2013

It was a relief to read that there is almost universal agreement that the current system is broken. A focus is needed to create more skill levels to reduce education expenses & taylor training & consumer cost for non-court matters. However, I am disappointed that no mention was made re need for more practical training re lots of specific issues, one key one being anything relating to family courts (including raising the prestige level), another being excessive hourly billing re anything likely to head to court, a third being addressing loophole issues (such as scads of delaying tactics), & a monumental fourth one being establishing enforceable checks & balances on unfair (or worse) behavior by any court actors, but especially judges.

A task force member noting “The house is on fire” is right on target! How about making an educational project in lawschool to address closing loopholes (students could choose specialties)?

Susan Titus Glascoff

(WWho in Amer, etc, masters Health Advocacy & Math....)

PS-Commentary-other articles,(next blog entry 2 pg questionnaire on web re “YOU Be Judge- 10 questions about legal accountability, & disturbing facts.” [Taub case-legal abuse grows- proposed settlement very convoluted, trying to hide fact it subtracts out all it 1^st gives, awards abuse!!]

1. 2/11/13- “Measure to Protect Women Stuck on Tribal Land Issue,”- the fact that the horrors of what has been happening have long been ignored is despicable & again makes us not much better than how India & many countries with third-world areas treat females. Note Mr. Udall said, “Native women should not be abandoned to a jurisdictional loophole.” Choose any topic- you'll find a crying need to close legal loopholes!

2. 2/6/13- “A Death Penalty Fight Comes Home to Maryland,” - it notes that prosecutors & jurors ignored glaring problems with witnesses. WHY? HOW? Mr. Bloodstone only managed to win his release after 9 years in the state's most decrepid & violent prison. How about those who don't possess such willpower or intelligence or get lucky enough to snag some lawyer's interest? Then he was merely awarded $300,000 in compensation, yet the legal system awards plaintiffs millions for lesser suffering! What about victims in civil court, especially the excruciating pain for protective parents when custody is awarded to abusers, even in the face of documented evidence (& many of course can't produce that, but the testimony is usually searing when it is the truth- credible studies put lying about this very low- I think less than 5%). How about those impoverished by the system? What about the intangible costs to society from cycling abuse?

3. 2/5/13- “In 2 Trailers, The Neighbors Nobody Wants,”- hmmmm.......society doesn't want released sexual predators near where they live, but how about fact the media keeps ignoring that for thousands (The award-winning documentary, NoWayOutButOne, notes ~58,000 cases per yr reported where child is awarded into custody of an abuser) the abuser is in the house?

4. 2/11/13- “The Ignorance Caucus,” Paul Krugman- his sarcasm is excellent noting Mr. Cantor calling for an end to federal funding of social science research is “Because it's surely a waste of money seeking to understand the society we're trying to change.” And Mr. Krugman also correctly directs his anger at the NRA bullying fed. agencies into ceasing nearly all research about firearms & violence. How about another research project for law students & professors as well- how can we establish laws & regulations that prevent minority views blocking the majority, esp. when it is over 60%?

5. 2/12/13- “Carpe Diem Nation,” David Brooks- “we forget- most our ancestors were immigrants who left everything to establish a new life, working hard for better future for their kids... We've become so greedy we sacrifice our kids' future!” How about legal research: curbing right to sue, insisting on reasonable awards &malpractice premiums, fair treatment non-whites long abused?

YOU BE the JUDGE- answer questions about Legal Accountability, Feb. 2013, S.Titus Glascoff                                                                                                                                         

Definitions: 1^st read 1-10 top- pair exactly with questions 1-10 bottom- answer YES or NO for each.    [Note- #7-10, are criminal offenses, except #8 + tax evasion- part of #9- can be criminal or civil]

           1) purpose of court- where justice is administered,

2) justice- happens when result is based on legal or moral principles,

3) job description- Judges must ensure all proceedings are fair, protect rights of all involved,


4) Judicial Complaint Commission-to protect public(can file complaint), promote confidence in integrity, independence, & impartiality of judiciary, including encouraging high standards,

5) abuse of judicial discretion- violation of due process(gov't.fairness), reason, facts of case,

6) contempt of court- willfully disobeying court orders & regulations; judges are not required to enforce own orders; victims can file contempt motion -judges may dismiss it, order fines or jail,

7) extortion- undue exercise of power (ex.- bribery) to get money from people,

8) fraud- deceit to gain advantage, especially (not necessarily) if financial responsibility,

9) obstruction of justice & money laundering overlap-ex: interfering by actions or words with court actions, tax evasion, illegal property transfers, using courts as weapon of retaliation, etc,

10) RICO (Racketeer Influenced & Corrupt Organizations Act), Congress- guilty- individual or Mob-violated at least 2 federal & 8 state statutes showing pattern, enterprise/conspiracy.

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1.  Can the purpose of courts be met if : a) loopholes & other delaying tactics deny timely access?              b) Medical services are denied since malpractice premiums high(awards too high, easy to sue)?

2.  Is justice denied if opposing side has more money to drag case on longer than you can afford?

3.  Have judges fulfilled their job description if they rule for one side versus opposing facts given?

4.  Judicial Complaint Commission is not allowed to correct judges' orders that even violate laws. Appellate judges do that. Both groups rarely rule vs other judges.  Isn't outside review needed? (1996-2006 study-all federal judges in 50 states, 1000s complaints, in 29 none got sanctioned.) (Documented 58,000 cases/yr -courts give custody to abuser when clear evidence abuse given.)

5.  Would you consider it an abuse of judicial discretion if in a 7yr bankruptcy/divorce case wife is forced to Chap.11 bankruptcy/foreclosure, judges saying- husband wealthy/still ignoring orders, including taking or interfering with wife's rent collections, not paying home mortgage, ETC?

6.  Contempt of court motions (for not obeying judge orders), & related required “motions” - lots are often filed by victims (taking lots time & money from them + taxpayer expense + other cases delayed, etc).    Is it fair to require victims to repeatedly try to get judges to enforce their orders?

7. If a father was found guilty of extortion (wire-tapped evidence given re recipt of 1^st $75,000 of $2-300,000 requested) for agreeing to cover up sex abuse of son, is 3 months probation enough?

8. Would you call it fraud-someone often filed taxes yrs late,spent lots more than income declared, ignored judges' orders to make many kinds of payments & this forced a person into bankruptcy?

9. a) Would you consider it obstructing justice & money laundering if apartment bldg. ownership transferred for $10 (to foreign citizen) against judge orders?  b) If judges ignore that, including if victim filed contempt motions, would you consider that using courts as a weapon of retaliation?

10. Some of approx. 35 violations on RICO list are: “if it relates to sexual exploitation of children, wire fraud, extortion, money laundering, obstruction of justice, fraud connected with a chap.11 case, enterprise-“including individual, partnership, association, or other legal entity OR group of individuals associated in fact though not a legal entity.”  a)  If someone claimed as income rent from several bldgs (he transferred his ownership against judge's orders), would you agree that meets RICO requirement for enterprise or conspiracy since they could not do it alone?  b)  If yes, & they did all things listed (>2 fed, 8 state) in this paragraph, would you judge them guilty of RICO?
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PLEASE forward this widely- friends, politicians, media.  Cost of suits + defensive practices are built into everything, & abusive practices are well known to have high recycling rates- a costly spiral!!

                           Don't judges, etc need checks/balances just like us?

                                  Our Kids 'Kant' Wait So Neither Can We!

Disturbing facts- A) Google- “Judicial Hellhole.” The American Tort Foundation ranks many across the U.S. & lists several criteria such as “impossible to get a fair trial.” Isn't that a Third World Tactic??
[Google award-winning documentary, NoWayOutButOne- given Congress inside book, Our Broken Family Courts, 10/12]

Quotes from 3 lawyers, 2 male, from case- #10- partly described - a) “Court must enforce orders to maintain respect for the judicial system & prevent breakdown & respect for laws. Not enforcing orders causes lots more legal fees & contributes to anarchy. Find this man in contempt & fine or jail him.”  b)  Lawyer is former nun & U.S. Bankruptcy Trustee- “Failure to stop abuse in this case is a challenge & affront to the credibility of your honor (female). You have authority to stop fraud here. U.S. Bankruptcy Court is not a playground for foul & offensive practices.”    c)  “I've worked in matrimonial court 14yrs, 100s of cases, some high profile. Hold this man in contempt since he often misrepresented facts.”  The case is in Brooklyn, N.Y.   NYTimes Feb. 8, 2013 - “Prosecutor's Appeal for 7^th Term: 'We're Not Done' ” - agree,Dist.Atty.Hynes has made some good progress recently.   Many know he's long had to battle Mob influence, ETC., but too many victims continue to suffer, including children.   If he & feds “stepped up to the plate” in above case, which will make prominent news, don't you think he could then retire setting a good example that could act as catalyst to force national discussion that abuse in our courts must stop?

C)  An article recently stated that our legal system has increasingly become far more about profit than justice. A google legal abuse site reported that divorce issues have become the biggest money maker for the non-criminal (civil) legal system.  Wouldn't helping stressed families help society?  Regardless of the topic, is stressing loopholes & who can afford the most aggressive lawyer, etc, etc. healthy for our society? 1-2 decades ago it was reported that we litigated 10 TIMES more per person than England.         Read book, The Death of Common Sense, by lawyer, Philip. K. Howard..

D) In 2008 a retired judge (agrees system broken) prepared a “guestimate” for me that in the NYCity area it cost about $4500 to operate one courtroom for one day.   THAT is taxpayer expense!   Some areas have been cutting hours courts are open, etc, etc. to balance budgets. That only increases backlogs.   How about cutting loopholes?!  Also, doesn't  failure to sanction unfair judges tarnish many good ones?!

Abuse Freedom United, Radio Interview, Nov. 6, 2011, 7-9 PM, by Jane Boyer of Susan T. Glascoff

(STG- Masters- Health Advocacy & Math, Member Who's Whos in America & 5 other WWs due to 40+ yrs public advocacy of many topics, former school board member & math teacher, ongoing ~10yrs-Exec. Director Advisory Bd. to Nat'l Coalition for Family Justice- gender-neutral 501C3 since 1988 helping divorcing people experiencing problems with courts; 3 sons, 2 stepsons, 5 grandchildren, website- www.advocateforlegalaccountability.com)

THEME- Lack of legal accountability, no matter the topic, is strangling the U.S. Reported ~ 2 yrs ago-

Illinois newspaper- “We import lawsuits, export jobs,” FL Sentinel- “1/10 of our small businesses go out of business due to legal excess,” Atty. Philip Howard in book, “Death of Common Sense,” ~30% of health care costs go to legal system,” legal abuse web site- greatest % of civil cases concern divorce.

PRIME ISSUE- Justice system has turned upside down- It's too often Who Can Win, NOT What's Just.

TONIGHT'S FOCUS- How it affects families, esp. our children, hence our future in ALL regards!

Consider Kent Keith's (lawyer, PhD, Harvard, Oxford, etc.)book, “Anyway” pg 114- “If there is hope for our children, there is every hope. If there is no hope for our children, there is no hope at all. The future of the world depends on the kinds of people today's children turn out to be.”

KEY “TERMS”- power & control, judicial discretion/immunity, loopholes, media, rules of evidence & legalese, overwhelming, common sense, checks/balances, transparency, big cost, hrly billing, plea brgn, guardians ad litem, impoverishment, fraud, interconnected, Occupy Wall St., outrageous compensation, power of compounding, denial, Dr. Jekyl/Mr. Hyde, cycling abuse,PTSD, cliches, credibility, substance abuse, FBI,etc, invitation to creative compassionate, constructive dialogue incld. contests & incentives.

HIGHLIGHTS OF DISCUSSION:

Since everything is interconnected, isn't Occupy Wall Street the OVERWHELMING result of public belief that multiple aspects of how our government is operating have been compounding towards dysfunction? Isn't legal system one branch of government? Don't all know it's too easy to sue, & legal bills can impoverish or even bankrupt you? Conferences, books, & many media have been presenting for decades that we need legal reform, yet it never seems to be a theme of national dialogue, even now with OWS? WHY NOT?? It was just reported that Mr. Corzine, former head of Goldman Sachs, paid a lawyer $400,000 to insure severance pay for his next job would be $12.1M.

ALL contracts are legal documents, including compensation, but also including marriages & divorces. All know that children of divorce have more problems concentrating in school, have higher rates of turning to substance abuse, & generally tend towards more behavior that either hurts themselves &/or society including often as adults. There's tons of evidence that abusive behaviors cycle (judges & guardians need FAR more training re that). SO WHY are we ignoring that divorce has become a huge industry here versus trying to do everything we can to lessen the rate (There are some wonderful school programs on challenges of good partnering & parenting- so why isn't some form REQUIRED? An excellent book by Ruth Tod- “Positive Parenting for a Peaceful World,” should be read by all. Atty. Lynn-Gold-Bikin's “Partners” HS program that uses charades for dialogue, & similar programs are too scantily used.) or DO EVERYTHING POSSIBLE to help insure the best results possible when divorce is inevitable?

What often happens in divorce/family courts instead? Many cases drag on for years, impoverishing either entire family or one spouse relative to other. Custody has become a huge battle where kids are treated like commodities & hidden issue is often not custody but child support. Consider the Brooklyn, NY notorious Taub case ongoing 6 ½ yrs. Mother bankrupt though father was noteded by court to be worth at least $43M. Home & 3 small rental properties deeded to her are in foreclosure due to courts not enforcing OWN orders- maintenance, child support, paying marital mortgage, not interferring with rent collection, questionably dismissing RICO vs husband. Foreclosures & bankruptcies cost everyone, as does operation of courts (Retired judge prepared guestimate for me -it costs ~ $4500/day to operate 1 courtroom in NYC area. Many states are cutting legal budgets, but NOT cutting legal manipulation, so things are getting worse). Mr. Taub- got suspended sentence re extortion re covering up sex abuse of then-14yr old son whom he stole custody of, mother has't seen since; all courts ignored + tax evasion, etc. Oldest daughter by 1st marriage (testified re years abuse by stepfather) is fighting judge giving persmission for her estranged husband to get kids' passports without LAW'S required signing by both parents; judge ignored father owes ~$194,000 child support ~8yrs for 5 kids & had criminal order for supervised visitation for sexually touching 10 yr old daughter. In court hall 10/31 Mr. Taub asked “How can wife win last 5 appeals -lost 42; judges/lawyers like $. I can drag this 5 more yrs?” STG there.

There have been judicial conferences, etc, drawing up legal reform guidelines; little changes because judges continue to have near total immunity & discretion. How about some common sense? Consider -legal definition of fraud -“deliberate intention to deceive if have a fiduciary responsibility.” Don't most court cases involve fiduciary responsibility? If records etc. are withheld (in Taub case no judge fully enforced Discovery in 6+ yrs), as in scads of cases, that IS fraud! Hence, courts are promoting fraud & IT MUST STOP! FBI interviewed me 3x!??? Last wk 23 yr old daughter released tape of father, Family Court Judge Adams of TX, beating her with leather belt; both she & her mother reported yrs of abuse. Shouldn't that result in immediate expulsion from the bench? Common sense anybody?? Justice?? The award-winning documentary NoWayOutButOne.com has just been released where mother & kids got asylum in Netherlands FROM U.S. due to abusive courts. Shame on us!! The 9^th annual Battered Mothers' Custody conference (national, held in Albany, NY & attended by many men who are outraged by this as well) gets no major media coverage- why not? Pres. Obama created a post on violence against women (to which I report) but little has visibly changed. 1996-2006 study, all federal judges, 843 in 29 states & thousands complaints- NONE got sanctioned- doesn't such tarnish good judges or impair their efforts? Doesn't absolute power tend to corrupt absolutely? Is ANY group good at policing itself? IN 2005 I prepared huge Big Picture Legal Reform Report (well-documented) I sent to over 200, including 23 senators, media, etc. & in 2002 sent 200 petitions to at least one major newspaper per state, ETC. I requested legal reform be topic for presidential debates in 2004 & 2008. I'm trying to get it as topic for 2012 -will YOU HELP spread word? I ALWAYS request only compassionate, constructive solutions & suggest state & local contests & incentives. Years ago it was reported we litigated 10x more per person than England. Excessive, abusive litigation & fear of it is strangling the U.S. Can we survive this way?

1821- Thomas Jefferson, “The germ of destruction of our nation is in power of the judiciary.” Reason given was lack of checks & balances. He soon said- “The only remedy is to inform the public discretion.” I believe the germ is a cancer about to metastasize via the power of compounding & fact that everything is interrelated. Helen Keller- “None are so blind as those who will not see.” Edmund Burke- “All it takes for evil to flourish is for good people to do nothing.” Margaret Mead- “Never doubt a small group of thoughtful citizens can change the world. Indeed, it is the only thing that ever has.” Pascal- “Justice without force is powerless, force without justice is tyrannical.” Samuel Johnson- “Nothing will ever be attempted if all possible objections must first be overcome.” Sylvester Stallone- “I think I'd like to be remembered as someone who beat the odds through just plain determination... that I persevered. Because I think that being somewhat of a pest to life, constantly plaguing & pursuing, will bring results.” Latter has surely been my motto, but I think time has run out because the power of compounding of interrelated issues is about to skyrocket out of control if we the people don't LOUDLY INSIST NO MORE NONSENSE NOW!!!! Retired Chief NY State Judge Judith Kaye said something like-“Courts lose effectiveness when they lose public respect.” I ask, “How can we promote

democracy or survive if our legal system is a sham?” Our Kids 'Kant' Wait So Neither Can We!!

PS- Since interview Appellate Court denied mother's appeal to stop judge from ignoring law that states for minors to get passports, both parents must sign!  Does the U.S. really want to allow international abduction? Etc!

Note NYC is listed as the 6th Judicial Hellhole by the American Tort Reform Association. Can we ignore judicial hellholes?

NYPost- comment re 4/28 “Judge kicks 'War of Roses' couple out of house,” answered 4/29/11

                            (90++% below- documented, rest my opinion, but none lightly given) (Email me at susantitusglascoff@hotmail.com if you want copy of outrageous Memorandum decision by Judge D'EDmic)

LIE- husband has NOT lived on other side of ridiculous wall 1st Judge Sarah Krauss (later recused for bias) ordered installed 2005, so only kicking out wife. Husband visits, has other(s) live there to illegally (vs one of many ignored court orders) control utilities (turn heat way down, etc), make late loud noises, etc., AS COURT HAS BEEN INFORMED! HOW ABOUT- “ALL SOCIETY LOSES WHEN COURTS DON'T OPERATE FAIRLY, NO MATTER THE TOPIC?”

Consider that Judge D'Emic, & all judges, ignored that maintenance was rarely paid to wife for 6yrs, orders for husband to pay home mortgage were never enforced, etc. causing wife's bankruptcy last 3 yrs. Letter FROM IRS to wife's lawyer July 2009 said husband's last tax returns was 2004. (Could YOU get away with that?) Husband had 3 federal fraud convictions in 1998, was in bankruptcy 1998-2001. He declared $77,000 in 2002 (Judge D'Emic reports $650,000 by 2006, ~$1 Million now, but neither reflects even just all rents he collects, as all judges have been informed). Yet Judge D'Emic reports he immediately got loans to build apartments (over 40 luxury, illegally in commercial zone, AND versus Judge Carolyn Demarest -later recused for bias- orders transferred that property to daughter- March 2007). COULD YOU GET LOANS UNDER THOSE CIRCUMSTANCES? Simon Taub stole custody of 14 year old son, mother hasn't seen him since. Mr. Taub has currently had his extortion hearing postponed 3x re keeping quiet re sexual abuse of that son. He still hasn't provided courts with his bank statements (more ignored orders- part of Discovery), yet has been acknowledged by judges to be wealthy (bankruptcy Judge Stong estimated he's worth $40+ million). Judge D'Emic ordered only wife's small properties sold, proceeds halved (little value will be left- all in foreclosure) while he pays wife far less than reasonable value for his properties he gets to keep. Also, from wife's share, he gets to deduct some of legal fees (wives usually get legal fees when husband is sole breadwinner; also get to stay in marital home). All wife's lawyers have soft-pedaled case, withdrawn, succumbed to “intimidation,” etc. Judge D'Emic “ignored” that legal fees equal millions, most incurred by Simon (Caused many delays, etc.). Chana owes at least several hundred thousand!

Monthly maintenance Judge D'Emic ordered- sad joke since maintenance has never been enforced (Future enforcement likely to take court time for years, continuing to cost public, denying access, etc.), & is surely less than should come from multimillionaire! Part of reason first divorce action was denied is because Judge Carolyn Demarest wouldn't allow testimony of NOTED expert domestic violence witness re his 7 hrs interviewing wife, determining she exhibits all parameters of an abused wife! Wife's credibility has been frequently questioned. Isn't that backwards? ETC!! Another judge dismissed RICO (fed. racketeering)  filed pro se. Consider that Simon has only one mailbox for illegal apts, has often been in tax arrears, ETC! Hmm...

Chana Taub is going to appeal (more court time; she has no choice AGAIN). Let's cheer for her AND START EXTENSIVE PUBLIC DIALOGUE RE ESTABLISHING EFFECTIVE CHECKS & BALANCES ON OUR LEGAL SYSTEM! Excessive legal costs hurt business, health care, families, individuals, & fuel state & federal deficits! Judicial hellholes (official term) exist across U.S. Unfair judges & lawyers hinder good ones! A study -1996-2006 reported of ~ 840 federal judges in 29 states, thousands of complaints, NONE got sanctioned. Do YOU think that makes sense??

At request of president of National Coalition for Family Justice I've attended this case since Feb. 5, 2007 since court abuse was suspected. Investigative sources have done little. I am in Who's Who in America, etc. due to 40+ yrs of public advocacy. I have no self interest, but am worried about future of our country. Can we lead this way? "OUR KIDS KANT WAIT SO NEITHER CAN WE!")

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I hope the connection re Supreme Court case below will be made to money, since one of issues is often not only wanting to punish the mother, etc., etc.,  but also because the father doesn't want to pay child support.  I know organizers all know this, but I think that item ought to be mentioned in all press releases as I'm sure it doesn't really occur to some (most?)) of the public, legislators, etc. and may even not be totally realized by some of the judges.  The whole thing is of course about power & control, and our entire legal system, no matter the topic, has too often become about who can win, not justice. I believe stressing this bigger picture will help get legislators & the public more involved.   We need to establish checks & balances on our legal system re evidence gathering ( many "anecdotes' all pointing in the same direction should constitute evidence), re delaying tactics of multiple sorts, etc.

An article in NYT 4/27/11, "Who Protects the Animals," said, "The problem is the system that enables cruelty and a lack of not just law enforcement but actual laws."  Monica Getz & others have long also stressed that far more needs to be done re judge, guardian, etc. training re DV, most esp. re charlatan aspect of most abusers and how well they present in court (which I know has been stressed at conferences, etc., but I hope will be strongly emphasized again now, and I believe reference to that also needs to be in all media presentations), discussion of bi-polar disorder, etc.  Since PR re the conferences, etc. must be short, consider just including a topic list of issues so it at least starts getting others thinking and feeling involved.  This is NOT female vs male (In fact many female judges have been found to be more abusive to mothers than male judges- ex. Brooklyn, NY Judge Robin Sheares was recently removed from Family Court to Criminal Court because of years of complaints, final one being that she jailed a mom for refusing to send 10yr old son from NY to AZ to visit father jailed for several rapes), but rather a pro human plea.

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1) Recent report- over 10 yrs, 29 states, about 845 federal judges, & thousands of filed complaints,guess how many got sanctioned?  NONE!!  Other states- not much better.   Many places labeled -"judicial hellhole."   WHAT- here in U.S. & we can't do anything about it??
2)  Few months ago-"Florida Sentinel"- said that due to legal abuse, 1/3 of its small businesses incur damaging costs, 1/10 go out of business.
3)  Few months ago- Illinois newspaper- "We import lawsuits & export jobs."

4) March 23, 2010- USA Today- "Tennessee Moves to Split Custody evenly in Messy Divorces,"- well, first of all no divorce isn't messy, but the worst are ones which almost always mean one partner (far more often the men, even according to good fathers' groups such as VP Biden's Founding Fathers) is extremely controlling- emotionally, financially & sometimes physically abusive, as many studies show.  (However,  there are many female judges who are far harder on moms & kids than male judges- see #9 below.)  BUT regardless of how decent each parent it, kids cannot be treated as commodities & need continuity, most esp. when already hurting from parents splitting.  Before TN, at least 14 states already have this presumption of 50/50 custody.  States MUST NOT be allowed to have autonomy to abuse children!  Tons of studies prove abuse cycles vast majority of time, meaning creates adults who have far less chance of making good partners (marriage or business), parents, & even friends.  Couldn't we even say it is a national security issue?   Again, I emphasize we URGENTLY need to discuss not only establishing far more legal accountability, but K-12 & society-wide programs on conflict management & challenges of good partnering (business or family) & parenting.  Can't we have state contests with incentives for creative compassionate, constructive solutions??!!  ETC!!!!!!!!!!!!!!!!!!!!!!  (Some people must find me trustworthy & dedicated & believe I have insightful ideas or else I wouldn't be listed in Who's Who in America, WW in Amer.Women, WW in World, WW in Business & Finance (all free, hence can't be accused of increasing their rosters for financial gain.)

5) May 15, 2010, NYTimes, Op-Ed Bob Herbert- noted many Vietnam vets wept as told stories re being thrown at tender age into flaming sewer of combat & how suffering impacted them & their families since.   Hence, I ask , "Can you imagine even worse to be abused at home since childhood, including affect on protective parent (usually mom) &/or abuse of them as well?  What if add court abuse?   How can we constructively, compassionately counter abuse if done by vet. or victim of earlier family abuse?

6) May 16, 2010, NYTimes- "Opportunism Knocks"- After fender-bender car accident, woman was "deluged with letters & calls  from lawyers & medical professionals encouraging lawsuits."  Many states complain re excessive court costs & are curtailing court availability to help balance budgets.  Shouldn't ALL states be evaluating how to curb- frivolous suits, court tactics that promote delay no matter the issue, hourly legal billing that defies accountability, excessive fees,- as well as how to insure prompt, fair evaluation of complaints vs judges & lawyers AND imposing sanctions?  Transcripts cost hundreds, often thousands of dollars & can be altered. Wouldn't it be cheaper & prevent altering if videotaped, then give tape to court & one to each side before leave?

7) May 18, 2010-NYT- "Norway Tops List of Best Places To Be Mother; Afghanistan Rates Worst,"- U.S. ranks 28th, noting more young mothers die in childbirth.  However, I say another issue is unfair treatment in courts. Census stats note lifestyle drops average 45% relative to exes, & average means many fare FAR worse, though of course it also means some do at least reasonably OK.  Despite seeming good enforcement laws re child support, cases abound across U.S. showing too often not enforced.  See #9.

8)  May 19, Washington Post- "A Patch for Wall Streets Bad Habits," asked if  "amendments to financial reform bill will determine whether Wall Street's banks will serve the American economy or whether the American economy will continue to serve Wall Street's banks?"  I say "ditto re whether our court system serves those with most power, incl. some of the lawyers & judges, or whether legal system serves the welfare of the least powerful in each case, no matter the topic?"

9)  May 9, 2010- CNNiReport- "Mother's Day March on White House and Congress Against Organized Crime in Family Courts," was only media coverage I could find re march involving organizations from across U.S.    REREAD THE TITLE- shouldn't that warrant immediate broad coverage till resolved?  Elsewhere on my blog as well as ongoing to judges, politicians, & media I've been continuing to report re the ongoing 5 yr Brooklyn, NY Taub divorce case (& I've been saying I'm partly using this case to exemplify how bad some of our courts have become across the U.S.). 
        Please consider- summer 2009 NYT reported mob involvement in many of NYC area bldg & police depts. as well as 44 arrested in NJ for money laundering (11 from Brooklyn, incl. 3 or so rabbis).  I had over 2 1/2 hr interview  (I brought much official data) with NJ FBI headquarters in Newark noting Simon Taub has int'l cash furniture business (hundreds of thousands per yr) that involves some sales, etc. in NJ.  They agreed I had some definitive data, but did nothing.  I brought letter from July 2009 from IRS noting he hadn't filed tax returns since 2004- noting none ever over $250,000, most far less including under $100,000, yet he'd had his primary business, a sweater factory, declare bankruptcy 1998 (after having sold stock in it worth about $25million about 2 yrs prior, & I provided indications money went to Switzerland), & then went on without permits (nyc.gov listed 103 violations & over $50,000 in unpaid fines- building dept, didn't know this??????)  to turn that bldg & others into about 50 apts and also buy about 3 apt. bldgs in Israel.  WITH WHAT?
      Over 60 pages of highly documented recusal (dismissal) papers vs. divorce Judge Carolyn Demarest were deemed insufficient by NY state judge in charge of judicial conduct.  Appeal of over 40 more pages has now been sitting in front of Appellate over one yr. while meanwhile this judge has been given permission to continue ruling on this case & is set to rule again May 24.  Meanwhile, the wife, Chana Taub, filed for bankruptcy July 1, 2008 to keep her home & small rental properties (her only source of income but neither Judge Demarest nor bankruptcy Judge Elizabeth Stong- whom earlier on this blog I mistakenly called a breath of fresh air- have enforced Simon Taub from interfering with rent collection or made him pay maintenance or child support) from foreclosure.  Yet, Judge Stong just decided Chana is inept at managing her properties & appointed another federal trustee ($10,000 retainer up front & gets to use additional lawyer at $600/hr) to take over, vs protests of Chana's atty & her sister's (has been loaning Chana legal fees) atty. who have tried to forcefully but diplomatically tell the judge she isn't doing her job!   For instance a detailed recounting was provided showing that request for relief from Simon's many types of harassments has been postponed 15 times!  What chance do YOU think these lawyers have? 
        Meanwhile, Chana's daughter from first marriage has been trying to get divorce for years, too.  But she testified re Simon's abuse of her mother at divorce trial of Chana's, & was given anonymous note she'd suffer the consequences.  Indeed, her Family Court Judge Robin Sheares hasn't enforced child support for 5 young kids for over 1 1/2 yrs, & has indicated she'd send mother to jail if she doesn't allow very extensive visitation to father who was ordered by criminal court to have 2-3 yrs of supervised visitation after "Indicated" finding (plea bargained down from sexual molestation) of 2 of the kids.  He is seeking custody & judge is indicating she might grant it if mother doesn't cooperate.
      Is above unique? NO, though of course each case is somewhat different.  But the Mother's Day March was precisely about such egregiously operating courts in many places across U.S.- as has been WIDELY reported for years, but never seems to make major media, etc., etc.
10)  Pres. Obama's new post on Violence Against Women (started last June, & I then received a call saying I had been "vetted" to report to them.  I , & of course many others, have since reported lots.  I was told it would take about a year for them to get solutions geared up, so I and many others are anxiously waiting.   I could say more, some of it somewhat skeptical, but I'll still give them the benefit of the doubt.  It seems some of the usual political roadblocks still wield too much power.

1,a)    List of articles as they appear on blog .    SORRY- website does NOT list titles with links to each article, so you must scroll down through each entry.  They are not numbered on the site.  22 total  incl.  list,   4/18/09. Note: everything represents my opinion, but as you'll see much includes reference to specific data as well as decades of research & general public advocacy by me & fact that I have masters degrees in health advocacy (incl. some re law) & math.  I also am a member of 6 Who's Whos- WW in America, WW in American Women, WW in Business & Finance, WW in the World, Kiplings WW, & Cambridge WW where I was 2x their Professional of the Year re advocacy.  I would not have been invited into these if I made false allegations.  I do it all pro bono.  What probably increased my level of advocacy was when my middle 1 yr old son got 3rd degree burns (1978) from touching outside of a closed oven door, oven at 300. The pres. of the co. said I shouldn't have my son in the kitchen when the stove was in use!  The Consumer Product Safety Commission denied getting my report.  When I sent them 2nd copy showing, via Freedom of Information Act, that there were 20,000 reported cases of similar burning per yr, the CPSC acknowledged my 2nd sending by returning a copy of my 1st cover pg which they forgot they had stamped the day after receiving it 3 months earlier!  I got stove legislation passed saying stoves wouldn't meet code unless one could touch the outside for 4 seconds before getting burned- enough time to react.  The problem was a $3 gasket that wasn't around the inside of doors unless it was a self-cleaning oven!

 

INSERTED 2 new articles (long lapse was due to moving, plus so often write, meet, etc. in other forums, that little time)

1,b) Scary new statistics & media re lack of legal accountability, cameleon bankruptcy court in Brooklyn, NY, interrelating issues, April 2011

1,c) Misrepresentations by NYPost  (NOTE: article relates that husband- wealthy- & his lawyer are very happy with results- that by definition defies the meaning of compromise- to say nothing of fact wife will actually get virtually nothing though reading the article & judge decision would lead you to believe otherwise to some extent. AND isn't it strange there is no rebuttal by wife's lawyers????   Hmmm.....suffice it to say that all sorts of intimidations have been ongoing & even our highest investigative source is doing essentially nothing - SCARY FOR THE U.S.!!!!) re same by Judge D'Emic, followed by UPCOMING HISTORIC SUPREME COURT CASE RE ABUSIVE FAMILY COURTS.

               

2)   My comments (& NYT article below) noting Brooklyn Dist. Atty Hynes & police corruption;  ?? justice across U.S.          Published      4/18/09

                               

3)   NY State Commission on Judicial Conduct Dismissal of Complaint vs Judge Carolyn Demarest +

       refusal to recuse     (Dismissal despite 40 pgs documented complaints)      Published on blog 3/5/09

 

4)    Recusal Papers filed vs Judge Carolyn Demarest re Brooklyn, NY Taub v Taub divorce case                                     Published  on blog 2/10/09

               

5)   One proof of lifetime advocacy - positive response letter from 1986 re improving public school education   (Begins-"If only your insights & enthusiasm could be bottled & shipped around the U.S.")                                                                                                                                                                    Published on blog 2/5/09

               

6)   Letter to World Jewish Congress Foundation re petition to stop discrimination (to lead must set

        better example here)               Published on blog 2/5/09)

7)  Barack Obama letter to STGlascoff re my 2005 report, "Big Pic re Legal Reform, All Topics, butEsp.Family Issues"    (Obama agreed need for reforms,liked ideas)     Published on blog 2/5/09 

                                              

8)   NYTimes Letter to Editor re, "If This Isn't Slavery, What Is," Nicholas Kristof    (re sex trafficking worldwide, but says U.S. only "sometimes," yet NYT reported 60,000/yr HERE in article couple yrs ago)

          (Jan.  4, 2009), Jan. 8                           Published 2/4/09

                               

9)   Respected Advocate Calls for Legal System and Media Accountability.  (web press release)

                                                                                       Published on blog  2/4/09

               

10)   Press release -Cambridge Who's Who for member Susan T. Glascoff - legal/media accountability & win/win ideas   (member several who's whos, exs- Who's Who in Amer, WW in Amer.  Women, etc.)                                                                                             Published on blog  11/25/08  (but on web 12/5)

               

11)   Press release by Kipling's Who's Who for member Susan Titus Glascoff -legal and media accountability Nov.'08                                 Published  11/25/08

 

12)   Letters from 7 others, plus mine, re NYTimes blatantly distorting facts in Oct. 5, 2008 article re Taub court case      (I & Taub sisters interviewed by NYT for 7 hours)           Published   on blog 11/25/08

               

13)   NYCity Mayor Bloomberg- Request to get 225 mayor coalition to discuss legal accountability, July, 2008      (No answer ever received even though promised)       Published  on blog  11/25/08

                               

14)   Commission on Presidential Debates, Nov. 16, 2007, Fahrenkopf, Kirk, Kennedy -request to discuss legal reform (No answer received although bd. member made request)  Published on blog   11/25/08          

 

15)   Impact on Taxpayers of Systematic Devastation of Families, but EspeciallyWomen and Children, in U.S. “Divorce” Courts Impedes Leadership   (prepared for my speech 4/08 at Atlanta, GA Summit on Econ. Justice for Women; NY judge estimated $4500 to operate one courtROOM for one day )                                                                                                      Published on blog  4/24/08

               

16)  Honorable Ariel Belen, Aug 8. 07 letter, 10/27 update, Taub case      (Said could do nothing re complaints)                                                                          Published on blog    10/30/07

               

17)   Professional of the Year in Advocacy (Currently Legal Accountability of all

    types, but Especially Family Courts)                                        Published on blog  5/25/07

                               

18)   Public Demand for Presidential Campaign Debates Regarding the Need for Judicial Accountability and Legal Ethics Enforcement           (petition on web for 2004

presidential election to get public request to have legal accountability discussed-

    (petition was aborted as website was broken into & web sponsor refused to fix it)

       (11 MILLION websites were asking for reforms!)                                        Published   on blog  5/24/07

 

19)   (My) Presentation to the NY Matrimonial Commission  (speech by me to them in Feb.2005

                                                  Published on blog  5/24/07            

               

20)  Dysfunctional families and dysfunctional family courts- We MUST interrelate  

  issues.      (Gives many varied examples)                                                           Published on blog  5/23/07

               

The NYTimes article on pgs 2-4 below is a perfect example of why in my opinion Brooklyn, NY should be classified as yet another “judicial hellhole” in the U.S., as many other spots are already labeled or suspected.  It is pathetic and scary when kids can be arrested totally without cause, as in this case.  That both the district attorney’s office and the police aided and abetted this is horrendous.  It should result in the removal of District Atty. Charles Hynes and any police involved.  It surely supports why elsewhere I have long said that it is almost impossible to get justice in Brooklyn and why I have refrained from bringing anything to the DA’s office, and why I have been critical of the police there. Yet someone in a position of authority just said to me re the NYT article below, "Be careful what you say, Susan, or you'll be discounted for overreacting.  DA Hynes and the police can't be judged too harshly because they acted unfairly to black kids, when they have handled many other cases well."  I couldn't believe my ears!!   Didn't Barack Obama get elected president on "Change we can believe in??" Below are just a few specifics about other abusive practices in Brooklyn AND beyond, no matter the topic or who is involved.
   [It was recently reported in Florida (#2 ranked judicial hellhole in U.S.) that due to legal abuse 1 in 3 small businesses have reduced profit and must raise prices and 1 in 10 often go out of business.   Illinois notes "we import lawsuits and export jobs." Few people are aware that a Presidential Task Force a few yrs ago found that abusers are twice as likely to seek custody.  The totally horrendous statistic from another study reported over 70% of them get it- that's legalized torture of children in the United States!  Judge Jane Harper in Charlotte, N.C. gave custody to a father AFTER she ordered him to attend abuse counseling, which he never did, AND mother was long known to be very caring, kids did not want to switch, etc.  Defensive medicine & legal costs account for nearly 1/3 of health costs.   Brandeis Univ. reported that many divorced women over 63 rank among our poorest.  A woman in Kinnelon, NJ got mad when already-awarded housing support was slow in coming.  She soon lost her 950 sqft house to foreclosure.  Then public funds were  used to pay $63,000 to have her evaluated, against her will, in a pysch ward for 3 wks, finding nothing. She remains homeless, having gotten numerous runarounds from various social services, wasting more money.]
       What is reported in NYT article below supports Chana Taub’s claims (she has been trying to get a divorce in Brooklyn for almost 4 yrs, but her main supreme court judge, Carolyn Demarest, has refused to recuse, and the DA’s office has ignored violations that have even made the news) that she cannot get justice there.  Even the brief removal of her case to Judge Laura Drager in NYC was sent back to the same judge, even though the first divorce filing had been dismissed (questionably).  Judge Drager said she didn’t want to counter another judge.  But neither did the STATE of NY!   The fact that the NY STATE Judicial Complaint Commission just said there were insufficient grounds for recusal of Judge Demarest– over 40 pages with lots of official documentation prepared by a lawyer were sent- casts even a broader cloud about what is happening in NY courts- injustice is obviously not limited to this case!
       In fact many studies prove it is almost impossible to get judges recused (merely dismissed from a given case) across the country.  As for removal from the bench, for CA federal judges only one was even disciplinedout out of 766 complaints in 2001 - statistic reported by legalreform-now.org.! Sanctioning or removing judges NEEDS the check & balance that would come from groups comprised of a majority of non-lawyers since NO groups are good at policing themselves-it  goes against human nature!  Wasted court time also costs taxpayers billions per year.  A retired NY judge "guestimated" it costs about $4500 to operate one courtROOM for one day!  HOW can we solve our financial crisis or indeed anything else without establsihing more checks and balances on our legal system ?  Indeed, how can we lead??

     As the NYT article below clearly shows, the lack of justice extends way beyond issues of divorce.  In fact in Brooklyn the building dept. has been ignoring for years that Chana Taub’s husband has apt. buildings that are totally illegal – 103 violations were listed ( no building permits or certificates of occupancy since bldgs in commercial zone, safety violations, etc) and over $50,000 in unpaid fines.  The Post Office has been ignoring that the buildings have no mail boxes, the fire dept. has been ignoring fire safety violations, and police ignore much, too.  I’ve been told that part of the problem is insufficient funds to enforce regulations – wouldn’t collecting the fines help?  Etc., etc.!!!!  But nothing is more despicable than the legal system of the United States deliberately harming children!  That's "Taliban" tactics!          8/11/09 UPDATE RE HORRENDOUS LEGAL ABUSE TACTICS IN BROOKLYN (though similar horror stories have been reported across country).  Female Brooklyn Family Court Judge Robin Sheares July 29 gave divorced father 5 day custody of 8 & 10 yr old sons of oldest daughter (who had testified in court re her stepfather's abusive behaviors when she lived at home with him & her mother) of Chana Taub EVEN though 5 yrs ago he had criminal conviction for inappropriate sexual touching, etc. of one of these sons plus of oldest daughter (then 10) & had 3 yrs supervised visitation and since no overnights.  Judge said mother would be handcuffed & jailed if Aug. 4 she didn't return to court with kids' passports.  She ordered Chana Taub out of courtroom & said she'd be handcuffed & jailed if she returned.  Then she ordered additional 9-day visit  ( even though kids protested first order to stay overnight & during that stay 10 yr old was so upset he refused to eat the entire time) when the mother said she needed new lawyer.  Mother filed an appeal & I protested to higher judge, noting I've also been asked to give data to Pres. Obama's new post on domestic violence.  Order for 9-day visit was overturned, but there's been no sanctioning of Judge Sheares or of the guardian ad litem, Jennifer Marshall, who ignored numerous bad behaviors on record about the father. (Note: June 2007 Brooklyn Judge Garson was sentenced to 10 yrs in jail for bribery for insuring divorcing mothers got almost no financial settlement & often lost custody etc. One lawyer was also jailed, but all know they couldn't have pulled off what they did without more help.  The NJ  FBI scandal  (money-laundering, etc) published in July included 3 Brooklyn Rabbis. My opinion- there might be a connection. WHAT DO YOU THINK??

WHERE DOES ONE TURN WHEN SEVERAL HIGH-LEVEL AUTHORITIES HAVE BEEN FOUND CORRUPT?  HOW CAN U.S. BE LEADERS IF WE DON'T CLEAN UP OUR LEGAL SYSTEM, SINCE IT INCREASES HEALTH CARE & BUSINESS COSTS, & ENABLES CYCLING ABUSIVE BEHAVIORS THERE WHILE ALSO TRAINING RECRUITS FROM OUR CHILDREN???????????????????????

April 18, 2009, The New York Times
Op-Ed Columnist
No Cause for Arrest
By BOB HERBERT
The youngsters who were surrounded by New York City police officers and arrested for no good reason while walking along a street in the Bushwick section of Brooklyn nearly two years ago are being vindicated.
The city has agreed to settle false arrest lawsuits brought by 16 of the youngsters and will pay them from $9,000 to $23,000 each. The settlement papers are expected to be signed by the youngsters on Saturday, according to their lawyer, Michael Scolnick.
The arrests and prosecution of the young people — more than 30 in all — amounted to an outlandish abuse of police and prosecutorial power. Police officers swooped in and arrested everyone in the group, boys and girls and young men and women, ranging in age from 13 to their early-20s.
They were not just arrested while walking peacefully down a quiet street in broad daylight, but they were publicly bad-mouthed by police officials and the Brooklyn district attorney. In fact, the kids had done nothing wrong. They lacked even the normal exuberance you might expect from a large group of young people. They were grieving.
The youngsters had assembled in a park on May 21, 2007, and proceeded to walk toward a subway station. They were planning to attend a wake for a friend who had been murdered in what the police believed was a gang-related crime.
According to the police, the group went on a rampage on a residential, tree-lined block of Putnam Avenue. Top Police Department officials, including Commissioner Ray Kelly, said the kids were yelling, blocking traffic and climbing on top of parked cars.
The Brooklyn district attorney, Charles Hynes, told a radio audience: “They were not just walking on one car; they were trampling on all sorts of cars. It was almost as if they were inviting their arrest.”
The only problem was that this rampage never happened. No evidence was ever produced of the kids blocking traffic (there was hardly any vehicular or pedestrian traffic on the street), or of anyone clambering on top of cars. Witnesses who saw the kids, including one man who used his cellphone to take photos of some of them who were handcuffed on the sidewalk, said they had been orderly, quiet and well behaved.
The arrests took place right outside the first-floor windows of Greer Martin, a woman who spoke on the record a few days after the arrests, despite her reluctance to have her name printed in a newspaper, because she felt the police officers had abused their power. “I was shocked beyond shock,” she told me. “My windows were open, and it didn’t look like the kids had done anything wrong.”
Leana Mejia, a student at John Jay College who was among those arrested, said the cops were the ones out of control. “They cursed us and pushed the guys,” she said. “And then they handcuffed us. We kept asking, ‘What are you doing?’ ”
If the police or prosecutors thought the kids would plead guilty to some minor offense and go quietly on their way, they were mistaken. The kids fought back, asserting their innocence and refusing to acquiesce in their humiliation. The authorities stalled and some of the cases dragged on for months, some for more than a year.
The prosecutors had nothing. Because the rampage was a fantasy.
One by one, the cases were dismissed. In some instances, the prosecutors themselves threw in the towel.
Diana Rodriguez, an assistant D.A. in Mr. Hynes’s office, told me on Friday: “As to some individual defendants, we felt we could not prove their guilt beyond a reasonable doubt. So there were some cases that we on our own moved to dismiss.”
Many of the youngsters sued, charging that they were falsely arrested and illegally held at a local precinct house, some of them for a day and a half.
In agreeing to settle the lawsuits, the city refused to acknowledge any wrongdoing. But it has agreed to pay from $20,000 to $23,000 to individuals who were held in custody overnight and subjected to prolonged exposure to the criminal justice system. Others, many of them younger, reportedly will receive $9,000 each.
When asked to comment on the case, Mr. Scolnick said: “My impression is that the bulk of our police officers do what they are supposed to. On the other hand, what I have been told by my clients is that their being stopped on the street merely for being on the street is about as common an occurrence in their lives as me getting up in the morning and brushing my teeth, and that’s pretty outrageous.
“I can’t imagine that 32 young white people walking down the streets of Scarsdale to pay their respects to a friend would have been arrested that way.”

Chana Taub gave me permission to publish this. You can read that the Commission on Judicial Conduct dismissed the complaint vs Judge Carolyn Demarest even though 45 pages of legally prepared data along with 48 pages by Chana, all with much documentation included (some being from official court transcripts) were sent requesting recusal (resigning from case) -see next blog entry for some actual pages.   YET, Commission claims "insufficient indication of judicial misconduct" !!!!!!!!!!!!!!!!!!!!!!!
     The judge's letter just below this Commission letter is misleading at best.  The 3rd sentence states the jury concluded that cruel and inhuman treatment was not proved, but viewing the next entry's sample pages you'll see the jury was not allowed to hear critical information such as findings from 7 hours of interviews of Chana by a renowned expert domestic violence witness.  In 1st paragraph on 2nd pg judge says she shouldn't recuse because the court system has been overburdened by protracted litigation caused by the parties.  Hmmm..... Simon Taub is the one who has brought multiple side suits, etc. and whom this judge allowed to repeatedly postpone and stall hearings due to supposed ongoing health problems, but was called on it by a different judge & miraculously it hasn't happened since!  The judge quotes from another case saying proving bias must be "based upon something other than rulings in the case."  That defies common sense!  In fact it makes no sense for recusals in general to be voluntary as that defies human nature.  Few individuals or groups are good at policing themselves!  The judge notes the case is now in bankruptcy court.  She OMITS that she did not even award enough maintenance for Chana to pay her supposed share of the mortgage (& threatened to JAIL her), & didn't even enforce that & numerous other orders, including that husband take home out of foreclosure since she acknowledged he is the moneyed spouse, yet she contradicted herself  by also commenting he couldn't pay.
      Bankruptcy judge noted it seems Simon is worth $41million.  With such wealth should there be foreclosures & bankruptcy?? Doesn't that hurt all creditors & ultimately,via ripple effect, all taxpayers?  WHY are there thousands of complaints vs judges in every state, no matter the topic, yet hardly any recusals & impeachment is virtually nonexistent?  Doesn't this tarnish our many good judges & impair the ability of the U.S. to lead??  Philip K. Howard, Esq., best-selling author of  "The Death of Common Sense," has new book, "Life Without Lawyers- Liberating Americans from Too Much Law."  He notes doctors waste billions in defensive medicine & excess litigation, costs, & awards, plus fear of suit increasingly negatively impact schools, businesses and families.  A mockery is being made of our system.  He says "All life is interconnected."  He advocates balance & accountability & encourages ideas & involvement, some via websites, one is Lifewithoutlawyers.com.  LACK OF LEGAL ACCOUNTABILITY IS A BIG PART OF OUR FINANCIAL CRISIS!

 

 

At the Matrimonial Part 5 J of the Supreme Court of the State of New York, held in and for the County of Kings, at the Courthouse located at Civic Center, Brooklyn, New York, on the ____ day of _________, 2008.

 

 

 

P R E S E N T :         HON. CAROLYN E. DEMAREST

                                    Justice, Supreme Court

 

------------------------------------------------------------------x

CHANA TAUB,

                                                                                            Index No. 26534/07

 

                                                            Plaintiff,                 

                                                                                   

                                    -against-                                          ORDER TO SHOW CAUSE

 

 

                                                                                   

SIMON TAUB,                                                                    Oral argument is requested

                                                            Defendant.

 

-----------------------------------------------------------------x

 

            Upon reading and filing the annexed affirmation of Chana Taub, affirmed the 26^th  day of September, 2008, upon the annexed affirmation of Chana Taub’s attorney, Neil Iovino, Esq., affirmed the 26th day of September, 2008, upon the annexed exhibits, and upon all of the pleadings and proceedings heretofore had herein,

Let Simon Taub, or his attorney, show cause before this Court at Part 5 J of the Supreme Court at 360 Adams Street, Brooklyn, New York, on the 7th

 

Page 1 (from total of 45,+ 2,16,17,23,24,33,34,38,40,45), then pg 1, 2 from 48 more

PAGE 2         day of  October, 2008, at 9:30 a.m., or as soon thereafter as counsel can be heard, why an Order should not be made and entered herein:

1.      Recusing the presiding justice in connection with the above captioned case; and

2.      For such other and further relief as to the Court may seem just and appropriate.

 

SUFFICIENT CAUSE APPEARING THEREFOR, it is

 

ORDERED, that pending the hearing and determination of this Order to

Show Cause, this court shall not issue any further decisions, orders, or directives; and it is further

 

ORDERED, that service of a copy of this Order to Show Cause and

the papers upon which it is based upon Simon Taub’s attorneys, Mallow, Konstam & Hager, P.C., at 321 Broadway, New York, New York 10007, by overnight delivery, on or before the ______ day of _______________, 2008, shall be deemed good and sufficient service; and it is further

 

ORDERED, that opposition papers, if any, shall be served upon Chana Taub’s attorney and filed with the Court, so as to be received in hand by both the Court and Chana Taub’s counsel no later than 12:00 noon on                          page 2

PAGE 16      it has been shown (again) that the court has been operating under a mistaken belief? 

39.  If this court is not biased and prejudiced against me, I would invite this court to search the record to find one criticism of Mr. Taub and his financial misconduct and violation of court orders.  

40.  This court has criticized and demeaned me for being on the “14^th or 15^th lawyer”.  See Exhibit 1, page 28 lines 19 to 21.  While this is false and not even close, Mr. Taub has had more attorneys than me in all these legal proceedings.  In addition, Mr. Taub has been coming to almost each court appearance accompanied by two attorneys who are both partners of the same law firm.  Yet, where is the court’s criticism of Mr. Taub?  What is the source of payment of Mr. Taub’s legal fees on the one hand, yet inability to pay even $350.00 per week as court ordered on the other hand?

  41.  There have never been any issues of fact that this is a long term marriage, that I have never worked during the marriage, that Mr. Taub did not want me to work during the marriage, that he wanted me to raise our children and maintain a Jewish home, that I do not have a college degree, and that Mr. Taub earns well over $250,000.00 per year.  Yet, and this court granted me only $350.00 per week maintenance  for my support on the one hand, yet directed me to contribute $2,000.00 on a $5,000.00 mortgage.  In effect, the court ordered me to do something that was impossible for me to do.  However, the court does state in response to comments by Mr. Taub’s attorney and my not contributing

 PAGE 17     $2,000.00 per month that the court could put me in jail.  (See Exhibit 1 page 42, lines 11 to 13.) 

42.  How can there not be prejudice and bias, or the appearance of prejudice and bias, when a court orders a person to pay $2,000.00 per month toward a mortgage, yet receive only $1,400.00 per month in interim maintenance?  As will be detailed below, this court acknowledged it did not know how I was going to get the money to make up the shortfall.

43.  With only Mr. Taub  collecting rent on his properties and my properties, yet only the properties in my name are in foreclosure, but none of Mr. Taub’s properties are in foreclosure, how can the court say there is no bias or prejudice when I am not enabled by the court to receive the rents and pay the expenses on the properties I own?  The court never questions Mr. Taub about how he is able to keep his properties out of foreclosure but not the marital residence, for example, which is just in my name.  (See Exhibit 1, page 54, lines 1 to 7; page 55, line 7 to page 56 line 5.)

44.  The court ordered Mr. Taub to pay all of the monthly mortgage charges on the marital residence.  (See Exhibit 1 page 57, lines 16 to 17.  See also Exhibit 11—Order  dated October 30, 2007.)

            45.  I then brought a contempt proceeding because Mr. Taub was not paying the mortgage on the marital residence or the $350.00 per week interim maintenance.  Rather than dealing with Mr. Taub’s violations of a  court order, the court stated “I am not concerned about contempt.  I am concerned about going forward.”  (See Exhibit 1, page 33 line 25, to page 34, line 2.)

PAGE 23         59.  On the one hand, the court does not look at my exhibits and records that prove the points I make and, on the other hand, accepts Mr. Taub’s mere say so.  For instance, on March 7, 2008, in connection with a contempt application I brought against Mr. Taub, the court states:  “Now, as to this alleged contempt, I have accepted, based upon the documents that have been produced here, the representations of defendant [Mr. Taub] that he was unable to comply.  He’s saying it’s because he doesn’t have the money, but we don’t have to get there, because the foreclosure action precluded him from complying.  But now that’s been vacated.  I’m denying the motion for contempt against Mr. Taub based on the failure to comply with the October 30th order.”  See Exhibit 13, page 43 line 21 to page 44 line 4.  Yet, as detailed below, this court has stated that Mr. Taub is the only party with resources. 

60.  If there is no bias or prejudice, how can Mr. Taub have “resources” for some purposes, yet not have “money” for other purposes?

61.  Again, the court criticizes only me and states that “Mrs. Taub helped herself to an awful lot of money, which increased the amount of payments due on this [the marital residence]”.  See Exhibit 13, page 49, line 11 to page 50 line 8.  The court has no interest in determining any financial fault on the part of Mr. Taub such as Mr. Taub’s failure to pay only $350.00 per week for many months, his removal of even larger funds of money ($300,000.00 cash from a marital safe), and Mr. Taub’s interim collecting of rents on his and my real estate properties while not paying the expenses on my properties, which has resulted in PAGE 24         my properties going into foreclosure, but his properties remaining viable money makers.  

62.  If there is no bias or prejudice, why has this court refused to appoint a receiver on all properties as opposed to allowing Mr. Taub to manage his and mismanage my properties?

63.  How can there not be bias or prejudice when this court continually refuses to get to the bottom of these issues, but at every turn, is quick to criticize or punish me, yet dismiss or defer Mr. Taub’s financial fault?  

64.  In a proceeding before this court on April 4, 2008, when it was pointed out that Mr. Taub listed in his statement of net worth only four real estate properties in his name, my attorney pointed out that Mr. Taub listed as liabilities other even more significant real estate properties, but failed to note them as assets.  (See Exhibit 14, page 16, line 10 to page 18 line 3)  Yet the court never criticizes Mr. Taub for this obvious attempt at concealing his interest in certain assets.

65.  During these same proceedings On April 4, 2008, it is represented to the court that a motion has been made for all of the properties before Judge Knipel in the constructive trust action, except 1259 52^nd Street Brooklyn, New York, to be withdrawn or removed from that proceeding.  (See Exhibit 14, page 21, line 10 to 23.)  This is further evidence that a constructive trust action was orchestrated by Mr. Taub in order to tie up our marital assets.

66.  Real estate located at 10 Grand Avenue, 6-8 Grand Avenue and 23-27 Grand Avenue, all in Brooklyn, New York, were transferred by Mr. Taub to his

 

PAGE 33    socks every day, that Mr. Taub threatened to chop my hands off, that most of the time I was quiet and afraid to answer or question Mr. Taub, that I was so afraid to be with Mr. Taub that I slept in our daughter’s room.  Alexander further testified that if I ever objected to Mr. Taub’s conduct, Mr. Taub would behave even more violently, but that he never saw me scream at Mr. Taub.   Alexander even testified he was afraid of his father.  See Exhibit 18, transcripts of proceedings on March 19^th, 20^th, and 21^st, 2007.

            91.  Our daughter, Cheryl Taub, also testified regarding what she observed.  She testified that she loves her father but not what he’s doing to me.  See Exhibit 18, page 37.  She also testified that especially the last two years, Mr. Taub would come home every day and become enraged at me and scream at me for no reason, and if I were not home the minute he arrived, he would “just fly into a rage and start screaming and cursing her,” that she was scared of her father, that he broke off a door handle to our daughter’s room when I had sought refuge in my daughter’s room and that literally for several hours he was screaming at me, that if I tried to defend myself, Mr. Taub would get “more mad and start yelling more and throwing things around more”, he never gave me any credit for working so hard to prepare for Shabbat and the 20 to 30 guests he invited each week, that he would always tear up my mail, that I was assaulted by Mr. Taub who put his hands around my neck, threw a TV at me, and so on.  See Exhibit 18.  

PAGE 34     92.  She also testified she was afraid of her father who told Cheryl on one occasion he “would have no problem getting rid of my mother”, and on another occasion that he could easily stage a car accident.

            93.  Nechama Markovics, my daughter, also testified regarding Mr. Taub’s abuse.   Without repeating what our other children observed, she testified she observed Mr. Taub always treating me “like a slave”, that I did not defend myself because “She was too afraid of being punished”, that there was a safe in the house where large sums of cash were held, and that “My mother was never permitted to take any money out of that without permission, though she was forced to open it up and allow him to take out and remove large sum,” that during one of Mr. Taub’s fits of rage and anger, “He took apart the whole kitchen.  Everything that was there, he threw it out.  He went from one end to the other.”  See Exhibit 18.

            94.  Dr Evan Stark, a renowned expert on battered spouse syndrome and domestic violence and abuse, was only allowed to testify generally about battered spouse syndrome.  Although Dr. Stark had examined and interviewed me for many hours, Dr. Stark the court did not allow him to testify as to whether, in his opinion, I met the criteria of a battered woman.   If he had been allowed to testify, he would have testified that I was a battered woman, and that I had experienced the four dimensions of coercive control (violence, intimidation, isolation and control) and that this was all consistent with the pattern of everything known to be typical in these cases from the literature and clinical experience  (Exhibit 29). Certainly, his testimony would have added to the

 

(STGlascoff copying end of this paragraph which is on pg 35)-  “credibility of my claims that I have been abused throughout the marriage.  Nevertheless, because of the court’s bias and prejudice against me, the court accepted Mr. Taub’s claims that this expert should not be allowed to testify and offer an opinion in this case.”

                                  PAGE 38 follows

 

 

 

103.   The court repeatedly said I was not to be trusted with managing my own properties (Exhibit 16, page 62, lines 3-25 & page 63, lines 1-5).   In fact, on the official nyc.gov. website under building violations, Mr. Taub is listed as having 103 violations on his properties, most not corrected.  Unpaid fines show over $50,000 outstanding, and violations listed include fire violations, illegal apts. etc…  For buildings listed in my name for when I was managing them before filing for divorce in June 2005, there were listed only 2, no fines, and I corrected my violations quickly.  (See Exhibit 33 for nyc.gov violation printouts.) 

104.  Exhibit #29, note that Dr. Evan Stark sent Susan Titus Glascoff his summary of his interview with me.  He sent his observations to her since she has attended most of the hearings, starting with February 5, 2007. She was requested to attend by Monica Getz, President of the National Coalition for Family Justice.  The coalition observes when questionable court practices have been reported.  Ms. Glascoff and Ms. Getz attended twice together, and Ms. Getz attended most of the few times Ms. Glascoff could not. Ms. Glascoff has read most of the transcripts dating from the summer of 2005.  Both Ms. Getz and Ms. Glascoff have reported bias and illegalities to higher judges regarding my case.  Ms. Susan Titus Glascoff is the Executive Director of the National Advisory Board to the Coalition for Family Justice.  She is a lifelong public advocate and is a member of three “Who's Whos”. 
             105.   I am attaching herewith as Exhibit 34 my documentary – mostly verbatim quotes from this court, whose bias and prejudice is clearly evident at each of my appearances with this court for the past two years.  

SUPREME COURT OF THE STATE OF NEW YORK               PAGE 40

COUNTY OF KINGS

------------------------------------------------------------------x

 

CHANA TAUB,

 

                                                                                              Index No. 26534/07

                                                Plaintiff,                 

                                   

                                               

                        -against-                                                         Attorney’s Affirmation

 

                                                                                   

SIMON TAUB,                                  

                                

                                                Defendant.

 

-----------------------------------------------------------------x

 

 

 

            Neil Iovino, being an attorney duly admitted to practice law before the courts of the State of New York, affirms the following under penalty of perjury:

            1.  I am Chana Taub’s attorney in the above entitled actions and submit this affirmation in support of the relief requested by Chana Taub in the annexed Order to Show Cause.

            2.   This motion is not precluded by the existing bankruptcy stay that exists pursuant to the Plaintiff’s bankruptcy case under case number 08-44210.  The primary purpose of the bankruptcy stay is to put the Debtor and the Debtor’s property under the protection of the Bankruptcy Court.  See Section 362 of the Bankruptcy Code.  That this stay involves property of the estate is also evidenced by the Bankruptcy Abuse and Consumer Protection Act of 2005 which

(AGAIN STG copying top next pg -41)   “expanded scope of marital exceptions to Automatic Stay.. Included.. maintenance…. Recusal not involve debtor property.”

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF KINGS

------------------------------------------------------------------x

 

CHANA TAUB,

 

                                                                                              Index No. 26534/07

                                                Plaintiff,                 

                                   

                                               

                        -against-                                                         Attorney’s Affirmation

 

                                                                                   

SIMON TAUB,                                  

                                

                                                Defendant.

 

-----------------------------------------------------------------x

 

 

 

            Neil Iovino, being an attorney duly admitted to practice law before the courts of the State of New York, affirms the following under penalty of perjury:

            1.  I am Chana Taub’s attorney in the above entitled actions and submit this affirmation in support of the relief requested by Chana Taub in the annexed Order to Show Cause.

            2.   This motion is not precluded by the existing bankruptcy stay that exists pursuant to the Plaintiff’s bankruptcy case under case number 08-44210.  The primary purpose of the bankruptcy stay is to put the Debtor and the Debtor’s property under the protection of the Bankruptcy Court.  See Section 362 of the Bankruptcy Code.  That this stay involves property of the estate is also evidenced by the Bankruptcy Abuse and Consumer Protection Act of 2005 which

(AGAIN STG copied top next pg- 41)  “expanded scope of marital exceptions to Automatic Stay...Exceptions..maintenance.. Recusal not involve debtor property.”

SUPREME COURT OF THE STATE OF NEW YORK                     PAGE 40

COUNTY OF KINGS

------------------------------------------------------------------x

 

CHANA TAUB,

 

                                                                                              Index No. 26534/07

                                                Plaintiff,                 

                                   

                                               

                        -against-                                                         Attorney’s Affirmation

 

                                                                                   

SIMON TAUB,                                  

                                

                                                Defendant.

 

-----------------------------------------------------------------x

 

 

 

            Neil Iovino, being an attorney duly admitted to practice law before the courts of the State of New York, affirms the following under penalty of perjury:

            1.  I am Chana Taub’s attorney in the above entitled actions and submit this affirmation in support of the relief requested by Chana Taub in the annexed Order to Show Cause.

            2.   This motion is not precluded by the existing bankruptcy stay that exists pursuant to the Plaintiff’s bankruptcy case under case number 08-44210.  The primary purpose of the bankruptcy stay is to put the Debtor and the Debtor’s property under the protection of the Bankruptcy Court.  See Section 362 of the Bankruptcy Code.  That this stay involves property of the estate is also evidenced by the Bankruptcy Abuse and Consumer Protection Act of 2005 which

(AGAIN STG copying top next pg- 41)  “expanded scope of marital exceptions to Automatic Stay...Included...maintenance...Recusal not involve Debtor property.”

Recusal Motion Exhibits                               PAGE 45

 

1. 10/30/07 transcript
2. 7/6/06 transcript
3. 8/21/06 transcript
4. 9/7/06 transcript
5. 2/16/07 transcript
6. 5/1/07 transcript
7. Letter from court dated 10/1/06 adjourning Chana’s emergency application
8. Mr. Rosenthal’s letter dated October 11, 2006 in response
9. HUD Settlement Statement on refinance of marital residence
10.  Order to Show Cause only, with restraint, dated September 20, 2006 signed by Judge Krauss
11.  Order dated 10/30/07
12.  1/29/08 transcript
13.  3/7/08 transcript
14.  4/4/08 transcript
15.  “Simon’s Income”, prepared by client regarding several properties, and list of 10 Grand rentals—tenant, premises, annual rent
16.  11/14/06 transcript
17.  12/11/transcript
18.   Transcripts, jury divorce trial, children’s testimony, Dr. Stark, Osgood, etc. 3/19/07, 3/20/08, 3/21/08, 3/22/08, 3/26/08
19.  2/5/07 transcript
20.  2/15/07 transcript
21.   Order dated 6/1/07
22.  7/17/07 transcript
23.  Order to Show Cause dated 6/20/08
24.   Medical Records from Maimonides Medical Center re:  Mr. Taub having “eloped”
25.   Transcript of proceeding on July 1, 2008
26.   1^st page of Bankruptcy petition showing date when filed
27.   Note from court rejecting responsive/cross-motion papers
28.  Copy of rejected responsive/cross motion papers, with proof of service upon opposing counsel
29.  Dr. Stark’s e-mail to Ms. Glascoff, testifying re: Chana Taub—abused wife
30. Transcript of Tape not allowed in jury trial
31.  Mr. Taub’s conviction on three counts of Federal fraud
32.  Mr. Taub’s forgeries (bank)
33. nyc.gov printout of violations on Mr. Taub’s properties vs. Mrs. Taub’s properties
34.  Mrs. Taub’s documentary of bias and prejudice by the court 

 

   (STGlascoff- note there were 48 more pages submitted with above by Chana Taub, including lots documentation- BELOW is just opening summary pg + next pg which goes onto 3rd pg since different size print in originals)

      JUDGE DEMAREST SHOULD BE RECUSED BECAUSE OF:

1.    BIASED STATEMENTS, BIASED DECISIONS, BIASED ORDERS

2.    ABUSE OF DISCRETION & ABUSE OF JUDICIAL POWERS

(A)    Since first taking the case, July 2006, refused to ENFORCE HER OWN OR Chana’s lawyer’s requests for discovery FOR TWO YEARS (still not done)!

(    Refused to order that Simon Taub give an accounting for the over $200,000.00 income he collects and pockets EACH AND EVERY MONTH from his large properties, in addition to Chana’s two small properties, while completely depriving Chana of any rental income.  Denied all Chana’s motions and pleadings for an accounting - at least of rents stolen from her own properties.

(C)    Refused to order/enforce child support or pendente lite, no “status quo.”

(D)   Denied every single one of Chana Taub’s motions

(E)    Refused to order legal fees.

(F)     Distorting & Obstructing the truth, in order to assist Simon against Chana.

(G)   Deliberate “ignorance” of the law, so as to deprive Chana. 

(H)   Refused to address prejudice against Chana when Simon refused “Get”

(I)      Judge Demarest ordered Simon to pay marital mortgage several times, TWICE Chana filed Contempt Motions when Simon violated her orders, TWICE  Judge Demarest vacated her own orders, to assist Simon in WASTING the marital assets.

(J)     Made improper and unreasonable orders against Chana.

(K)   Continuous inflammatory, BIASED statements against Chana

(L)    ADVOCATING AND/OR ORDERING MARITAL ASSETS TO BE WASTED AND LOST.

(M)                       SIGNED INAPPROPRIATE AND POSSIBLY ILLEGAL RESTRAINING ORDER, PRECLUDING CHANA FROM GOING TO FAMILY COURT (4/4/08).

 

Judge Demarest supported, condoned, endorsed and awarded all of Simon Taub’s flagrantly wrong and unethical actions throughout the legal proceedings which have led to absurd and harsh orders against Chana Taub and enormous legal fees.   Chana Taub is petrified to step into Judge Demarest’s Court, knowing that she will not be given a fair determination before her, and even worse – will be target of some new, bizarre and abusive Order endangering her and her children’s lives.

*   *   *   *   *

FROM THE TRANSCRIPT  OF 9/7/06:

 

1)  P. 6, Lines 2-21:   ATTY. ROSENTHAL:   “On the calendar for today, it was my understanding, was the issue of spousal support and child support.  That motion has been kicking around.  This case is about 14 months old, and to date there has been no decision on the issue of spousal and child support and it’s one of tremendous importance.”

                                        THE COURT:   “Before we get any further than this, one of the issues that I intend to address and this is… we are going to find out whether there’s any reason to be addressing any of this…..   And the motions you referred to, some of them were made long before I got the case and I previously indicated that I felt that, at least as to some of these motions, they should probably be deemed dismissed and started again because I have no prior knowledge of any of the matters that took place in the courtroom.  So, I’m not going to try to resurrect them.”

(If one spouse has no money, shouldn’t pendente lite and child support be the first important issue to address?  Judge Demarest always found ways to refuse support by diverting from the subject (above) and by denying outright.)

 

P.6, Lines 19-20, Judge claims to have no “prior knowledge” of Chana’s motions pleading for support, but immediately following that, P.7, Lines 2-14, she has full knowledge of Simon’s motions!)

 

2)  P. 7, Lines 2-25:   THE COURT:     “I would note that there’s a motion to punish for contempt that is against your client (Chana) for failure to account for certain property that was removed from the marital home by her, prior to my ever getting this case.”     “And while I find no merit at this time in the motion to punish for contempt, because she has finally complied.”         

(At the same time, Judge Demarest has “no prior knowledge” of Chana’s motion that Simon account for his millions.  Judge does not threaten Simon to “punish for contempt” even though he is in contempt, he never gave any accounting.)

                                   ATTY.. ROSENTHAL:   “This is a Court of equity.  We have here a money spouse to my right and we have a non-money spouse here…”

 

 

 

 

 

 

As handwriting on letter shows, I sent out 60 page highly researched report to 3 pages of recipients nationwide re ideas to improve public school education.  One of the items I remain firmly committed to is limiting class size for K-3 to 15- it would pay for itself ! !  It would enable teachers to better insure a positive first impression of school via more individual attention, hence higher success rates learning the crucial basics of the 3 R's.  Less remediation would be needed later which is expensive, and there would be less class disruption not only K-3, but thereafter  since students who feel successful are more likely to pay attention, helping not only them but rest of the class.  Disruption causes more need for teaching time, which also translates into money.   Etc.  Positive first impressions affect almost everyone positively, no matter the topic!  I also discussed pay incentives for excellence in teaching, etc.  I taught high school math in the early 1970s and a few years later was elected as a school board member elsewhere.  
      My mother taught emotionally disturbed children for many years and used to say she could always tell the children of divorce without being told who they were!  An article in the 1993 "Reader's Digest" reported from a study that indicated children of divorce were far more likely to need remediation, be disruptive, and drop out compared to the rest of the population.  Much has been written about this, yet in "Leave No Child Behind" discussions, little if anything is mentioned about their specific needs though they surely form a sizeable per cent of our population.
     Please read the other blog entries to realize the connection to legal accountability.  As nearly all my advocacy below mentions, more needs to be done K-12 re incorporating teaching conflict management and the challenges of good partnering and parenting- that would help children not only to be more receptive to learning, but enable them to become better business and family partners and parents.  However, divorce can never be eliminated, hence it is imperative that courts operate FAR more fairly to limit the damage!  Add to that the legal stranglehold on schools in  terms of rules and bureaucracy  due to fear of suit.  Monkey bars, seesaws, and often even slides have been eliminated because multimillion dollar suits have been won against schools when a child gets injured, regardless of fault.  In the 2009 book (easy read and only about 210 pages) by Philip K. Howard, a lawyer, "Life Without Lawyers," with subtitle,"Liberating Americans From Too Much Law," the author notes that discipline in schools has been bureaucratized.  Mr. Howard says, "NYC requires over 60 steps and legal considerations to suspend a student for 5 days....A 2007 California study on teacher retention, trying to understand why 18,000 teachers quite each year, found that bureaucracy was the leading factor....In every successful school, teachers and principals feel free to act their best judgment.  Values don't come to life without the freedom to assert them.  Enthusiasm energizes the entire culture, but  there's no enthusiasm without spontaneity and originality."  Etc!