Note: This is incredible!Â Do you think the courts are biased against women?
Read this story from New York:
A review prompted by complaints about unfair handling of divorce cases has led to a shakeup of Westchester’s matrimonial courts, the state court system announced yesterday.Â
THE JOURNAL NEWS
(Original Publication: June 23, 2006)
WHITE PLAINS â€” A review prompted by complaints of unfair handling of divorce cases has led to a shake-up of Westchester’s matrimonial courts, the state court system announced yesterday.Surrogate Anthony Scarpino was named supervising judge of the divorce courts and several judges handling matrimonial cases were reassigned. The role of special referees who mediate divorces will also be curtailed, said David Bookstaver, a spokesman for the state Office of Court Administration.
The review began in March in the wake of a feud between Westchester County Judge Francis Nicolai, the administrative judge of the 9th Judicial District, and special referee James Montagnino. Court officials announced yesterday that Montagnino has been transferred to the 3rd Judicial District in Albany.
Montagnino, a former county prosecutor and longtime court system employee, had been accused by several litigants of treating them unfairly. Several female plaintiffs took particular offense at a lecture he gave at Pace Law School two years ago in which he discussed the “10583 Syndrome,” a reference to Scarsdale’s zip code. He was talking about the mentality of stay-at-home mothers in upscale communities having a sense of entitlement to huge divorce settlements from their wealthy husbands.
Montagnino insisted that the comment was taken out of context from a discussion of the distribution of assets and that he was not biased against women and treated all litigants appropriately. He questioned the timing of the investigation, saying it was in response to his own criticism of Nicolai.
The shake-up led to the removal of state Supreme Court justices W. Denis Donovan, Bruce Tolbert and Richard Liebowitz from the matrimonial courts. Justices Linda Jamieson and Lewis Lubell will now handle divorce cases and Justice William Giacomo will continue to handle matrimonial trials, but will be reassigned to another court, Bookstaver said.
WOW!Â Â A referee (magistrate) removed from domestic relations cases because of a lecture in which suggested that some divorced women have a sense of entitlement to huge divorce settlements from their wealthy husbands?!?!?!?!Â Heaven forfend!Â How could he suggest such a thing?
Now, imagine that we could get any action to correct the documentable unfairness of judges in custody determinations (not in speeches about these things–in their actual decisions that take children away from loving fathers).
Donald C. Hubin, Professor
Department of Philosophy
337N University Hall
230 North Oval Mall
The Ohio State University
Columbus, OHÂ Â 43210-1365
My “Parental Rights and Due Process” (The Journal of Law and Family Studies 2(1999)123-150) is available on line at:Â Â http://people.cohums.ohio-state.edu/hubin1/Research/PRDP.PDF
Visit PACE on line at:Â www.PACEgroup.org
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