Posted by susan titus glascoff at 2/11/2013 2:22 PM
YOU BE the JUDGE- answer questions about Legal Accountability, Feb. 2013, S.Titus GlascoffDefinitions: 1st 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.
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 1st $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?
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!
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 7th 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?!