Posts belonging to Category Judicial Misconduct



Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall (VIDEO)

Due to a clerical error, Texas father Clifford Hall received a bill charging him nearly $3,000 in overdue child support last year. Hall quickly repaid the amount, even paying an additional $1,000 to balance his debt. But despite his repayment, Hall was sentenced to six months in jail. He and his attorney Tyesha Elam joined host Nancy Redd to share his story on HuffPost Live.

Errors in the automated child support withdrawal amounts from Hall’s paycheck caused a payment shortage, but when Hall discovered this imbalance, he worked to pay it immediately.

Elam explained, “I assumed as soon as he brought me the receipt catching him up as well as the letter advising him of the overpayment, I thought, ‘oh this one will be easy.’ I’m thinking, ‘let me let the opposing counsel know and we’ll be done with this matter.’”

“But the opposing counsel informed me that she wasn’t willing to settle the case. She wanted $3,500 in attorney’s fees and she was confident from this judge that she could get it. So she refused to settle. So we had to move forward.”

The situation escalated due to a law in Texas, which stipulates that overdue child support could lead to jail time, Elam explained. “As of June 14, 2013, in the state of Texas, a person can get behind on their child support, show up to court, paid up, and still go to jail. The maximum sentence is 6 months in jail, and that is exactly what Mr. Hall was sentenced to.”

When he heard the verdict, Hall was shocked. “My mouth just dropped. I’m looking around–I looked at my attorney like, ‘she’s joking, she can’t be serious,’” he explained. “We’re just sitting there like, ‘wow, I’m going to jail for six months. I’m going to jail for six months. I’m going to jail. This is so unfair, this is not right, this isn’t justice. This is not right.’ How is this in my son’s best interest? That doesn’t even make sense.”

Elam was unable to appeal the judge’s decision, so Hall was left with no choice but to turn himself in. His sentence began on Jan. 21, 2014.

via Clerical Error In Child Support Payments Leads To Six-Month Jail Sentence For Clifford Hall (VIDEO).

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Movie about injustice in family courts

Just received this:

Dear Supporters,

I hope this email finds you all well.

It has been sometime since our last email and so much is happening. The film
is back and ready for national distribution. On top of that we are finally
at the first step towards the Academy Award Qualifications for 2012 with the
Los Angles Screening booked and ready to see July 11 through the 17th, 2012.
Go to www.supportthemovie.com and click on show times.

Yes Yes that is true. We are screening the film for a full 7 Days at 2
times per day and we have tons of seats to fill. So you guessed it…. we
need your help to do it!

We have been working diligently on this film that tells a story that needs
to be told. It’s something that we feel will make a positive impact on many
lives and the social economics of this great country we live in known as
America.

The land of the free…… or is it?

What really does matter is that the film persuades and shows people that YES
we do have a problem with our current policies.

There are problems with millions of dollars of ERRORS in the child support
system. There are problems with the divorce industry as most of you know it,
and the custody battles or the visitation as “visitors” to our own children.
We can go on and on listing more and more problems. What has been added to
the film now is more on the Parental Alienation and the simple fact that the
custodial parent has more rights than the non custodial parent.

The newer and final version (OMG yes final! lol) contains:

* New never before seen footage and interviews that will shock you.

* Also- are the Judges tainted? Find out when one steps down after we
interview her and found out she was allegedly receiving some form of
incentives the more she sent guys to prison for child support arrears. On
top of that the state even denies she ever worked there….you can be the
judge now!

* We cover the exorbitant amount of money that goes into creating so
called “dead beat dads” at a time when our politicians are looking for
budget cuts and the tax payers are footing the bill.

* We have revisited the way the non-custodial parent is basically
forced out of the child’s lives by having only 4 days a month of parenting
time and becoming a “visitor” in the lives of their own children.

* Who our we really Supporting here ?

* When does the “pay before you play” with your kids ever end?

* Military – We cover the military troops that fight for our freedom
only to come back and find they have been wrongfully named biological
fathers becoming victims of paternity fraud then ultimately stripped of
everything they own while they were away.

We have tried to cover everything including the myth of the dead beat mom or
dad.

Our team continues to strive until show time. All of us have only time to
give and have used all of our own funds to get to this stage.

Now friends it really is up to YOU!

Would you please support us in Los Angeles , July 11-17th, 2011. Tickets
will be $10.00 each. For group tickets please contact us.

Buy a Ticket today, (www.supportthemovie.com) get a T- Shirt or Pre Order
The full DVD that will be shipped out to you on July 28th right after we
screen in New York city starting the 19th – 26th of July 2011.

Bottom line if you or someone you know has been through what is called “the
system” then you know we need reform and we need your help to make this
happen.

We need it starting today and right now. You can even just buy the team a
cup of coffee if you would like to. Every bit helps.

Go to www.supportthemovie.com for Show times and updated info. Follow us on
Twitter and go ahead- friend us and “like” our Support? Page on Face Book.

The train is moving again and we hope to see you aboard! Please pass this
on.

THANK YOU!
Sincerely,

Aginelo
Trailers Click Here: http://www.youtube.com/user/SupportTheMovie
contact information
Email: info@supportthemovie.com
Phone: 888-997-9987
Fax: 877-815-0907

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Being good citizen and concientious father sends this man to prison for 7 years

In this case, we see a good reason to never ever call 911 unless it is a serious medical emergency.  This man is being punished by a state gone insane.  He is now in prison, yet, he did nothing even remotely wrong.  His mother is an idiot for trusting the police and the system.  The judge and the prosecutor in this case are evil.  The ex wife, who was interfering with visitation should be in prison, not Brian Aitken.

Aitken’s legal troubles began in January 2009, when he drove to his parents’ house to pick up some of his belongings. He had grown distraught over tensions with his ex-wife, who according to Aitken had been refusing to let him see his son. When Aitken visited his parents’ house, his mother, Sue Aitken, grew worried about his mental state. In an interview with a New Jersey radio program last week, she said she works with children who have mental health problems, and she has always been taught to call police as a precaution when someone appears despondent and shows any sign that he might harm himself. Concerned about her son, she called 911 but then thought better of it and hung up the phone. The police responded anyway. When they arrived at her home, Sue Aitken told them her concerns about her son, and the police called Brian Aitken, who was then en route to Hoboken, on his cell phone. They asked him to turn around and come back to his parents’ house. He complied.It was there that the police confronted Aitken. Although they determined he wasn’t a threat to himself or anyone else, they searched his car, where they found his handguns. They were locked, unloaded, and stored in the trunk, as federal and New Jersey law require for guns in transport. The police arrested Aitken anyway, charging him with unlawful possession of a weapon.To buy a gun in New Jersey, you must go through a laborious process to obtain a “purchaser’s permit.” But that permit doesn’t entitle you to possess a gun. A few select groups of people, mostly off-duty police officers and security personnel, can obtain carry permits. But anyone else with a gun is presumed to be violating state law and must defend against the charge of illegal gun possession by claiming one of the state’s exemptions.

via Brian Aitken’s Mistake – Reason Magazine.

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Government Abducts Newborn Daughter From U.S. Federal Resistors

A few readers may be shocked at this week’s headlines “Government officials remove couple’s newborn baby due to father’s involvement with anti-totalitarian group.” A few, but probably not many of us.

Oath Keepers

When people espouse beliefs not in line with Federal goals it may be time to start impressing children’s minds before they get to public schools. Younger is better according to New Hampshire, where a couple’s newborn baby was taken from them by officials because the father is involved with a group opposed to government suppression.

New parents Stephanie and Johnathan say their child was taken from them and placed into public care solely because the baby’s father Johnathan Irish has links to a Constitutionalist organization known as the ‘Oath Keepers’.

A state official has however cited domestic violence and child abuse allegations as the reason for the abduction.

Parents in this case however, deny allegations. On Friday they staged a demonstration outside Concord Hospital, a public protest at their child being removed from their care just hours after her birth.

Stephanie and Johnathan were joined by demonstrators rallying against what they termed the state’s unconstitutional interference in a family matter.

Oath Keepers is a non-profit organization founded in 2009 which advocates that its members uphold the U.S. Constitution and when necessary resist unconstitutional actions of the government.

Mr Irish claims police officers and state officials took his daughter away on Wednesday because of his involvement in the group.

The Division for Children, Youth and Families, however, said the authorities took the child away because the father has a record of violence and abuse.

According to the statement, a judge decided action should be taken given the ‘lengthy history of domestic violence’ between the parents. They did not state what that was, only that their documents say the mother has “failed to recognize the impact of domestic violence in her life and the potential danger it poses to a newborn baby”, while Mr Irish had ‘not acknowledged any responsibility to date and remains a significant safety risk to an infant in his care… Without the intervention of the court, the infant will be at risk of harm’. Court papers referenced, “The Oath Keepers,” described as a ‘militia’, and the fact Mr Irish had a number of run-ins with Epsom police over firearms.

via Government Abducts Newborn Daughter From U.S. Federal Resistors.

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Wronged ‘deadbeat dad’ may be free of child support | ajc.com

In a recent interview, Dena Smith, spokeswoman for the state Department of Human Resources, said her agency will propose legislation in next year’s General Assembly to make sure what happened to Hatley will not happen again to anyone facing the same predicament.

Hatley, 50, sat in a South Georgia jail in Adel for almost 13 months even though a special assistant state attorney general and the judge knew he was not the child’s biological father. In 2001, Hatley had been ordered to pay $16,398 in past-due child support even though a DNA test proved he was not the parent.

ANCPR Says:

Good for Mr. Hatley.  This is an example of a civilization gone nuts.  It won’t get fixed until the state gets out of the child support collection racket, and when mom’s who defraud men this way are put into jail.  I happen to think it is a very serious thing to lie about who the father of a child is.

I hope we’ll learn whether indeed, Mr. Hatley is forgiven the child support debt.  It should also be interesting to see if this proposed legislation gets anywhere, and who speaks against it.

via Wronged ‘deadbeat dad’ may be free of child support | ajc.com.

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Banned dad agonizes at loss | Herald Sun

Banned dad&squo;s agonising loss | Herald Sun

Laurie Nowell

December 07, 2008 12:00am

“STEVE” has been barred from seeing his daughter for seven years.

He has never harmed his only child or her mother. He has never threatened them and a court has accepted he is of good character.

But last week, after a tortuous 10-year journey through four courts, more than 20 hearings, 12 psychologists and six lawyers, he was told he could not see his daughter until she came of age.

Steve, whose real name cannot be revealed for legal reasons, has gone through more than 20 intrusive psychological examinations, while daughter “Molly” has endured seven.

He says he has spent more than $100,000 in 10 years.

His wife twice raised sexual-abuse allegations, proven false after months of investigation.

But the court accepted she would “shut down” emotionally if Steve was allowed to see his daughter and that her distress would affect her parenting skills. (more…)

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Divorce Case raises Constitutional Question on Judicial Disqualification to California Supreme Court

 

‘s News releases

ORANGE COUNTY, CA

In an unusual twist an Orange County divorce case, which has already made its’ way through the Ohio Supreme Court, is now before the California Supreme Court. This time the issue is a constitutional one that may have more implications for criminal defendants and self-represented litigants than couples in divorce court.

The California Supreme Court Justices will be facing a decision about whether to hear a Petition for Review from Jeffrey Barth, an Orange County resident, who sought the disqualification of Orange County Superior Court Commissioner Thomas H. Schulte. However, the issue before the Supreme Court is much broader than whether or not Commissioner Schulte should be disqualified.

Initially, Commissioner Schulte declined to assert California jurisdiction and sent the case to Ohio. Mrs. Barth had taken the couples children to Las Vegas, Nevada and then flew to Florida and ultimately Ohio in an effort to keep custody of her children and avoid California jurisdiction. Last May the Ohio Supreme Court decided that Ohio did not have jurisdiction and the matter really belonged in California.

Commissioner Schulte continued to question his own jurisdiction and authority over the case. He openly criticized and questioned the Ohio Supreme Court’s decision and made a number of other unusual and bazaar comments in open court. A number of observers advised Mr. Barth that Commissioner Schulte’s attitude and rulings appeared to be biased. (more…)

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Your Judicial Misconduct Complaint in 350 or Fewer Words

News Release from Judicial-Discipline-Reform.org

  Summarize For Newspaper
Your Judicial Misconduct Complaint in 350 or Fewer Words

(http://Judicial-Discipline-Reform.org/retrieve-file/summary-graphs.pdf )

Last September 27, the Committee on Judicial Conduct and Disability of the
Judicial Conference of the United States (28 U.S.C. §331), held its one
single hearing in the whole nation to receive public comment on its draft
rules governing judicial misconduct complaint proceedings provided for
under the Judicial Conduct and Disability Act of 1980 (28 U.S.C.
§§351-364).

I presented graphs (pr:11-13) based on official statistics of the federal
judiciary (pr:21-41) showing that between October 1996 and September 2006,
the number of complaints against federal judges and magistrates filed with
U.S. chief circuit judges was 7,462, but the judges disciplined only 9 of
their peers!
(http://Judicial-Discipline-Reform.org/retrieve-file/summary-graphs.pdf )

(more…)

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