Gloria Allred King vs King- DRAFT
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Transcript of Gloria Allred King vs King- DRAFT
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This is an updated version of the letter sent to Gloria Allred in 2002 . The picture and embedded sound and highlights havebeen added, however the content is original. This letter chronicles the Public Policy failure in Orange County
Family Law and the industry known problem faced by non-local lawyers that is the core of crony corruption
10/19/2002
To: Gloria Allred6300 Wilshire Blvd., Suite 1500Los Angeles, CA 90048
Phone (323)653-6530Fax (323)653-1660
Fr: Dianne King
22320 Harbor Ridge Ln.Torrance Ca. 90502310-782-0069
My name is Dianne King and on October 17thyou spoke to Kevin Powell the father of my 9 mo. old atthe Grand Opening of a store on Rodeo Drive. About two weeks ago I left a package at your office andwas unsure as to what happened as I received a letter offering me other Workman Comp attorneys. Asthis is a family law situation with civil rights implications we wondered if there was a mishap. Kevinhoped it was fate that he happened to be there when you were and maybe you could help me or refer meto someone who could. He spoke to you briefly and you told him to have me re-submit information andyou would look at it. Thank-you for taking the time to look at this request.
I was originally advised by Assemblyman Gil Cedillo to contact you regarding my situation. The
separation of judicial and legislative branches made it impossible for him to get involved. I was told
that at times you take cases that you believe are violations of civil rights, ethical violations of law and
the oppression of disadvantaged people. From my understanding of the laws and rights from the
California Practice Guide2002 this is what has happened and is happening to me.
I was married to a person who verbally and emotionally abused me during our marriage . I am a
LVN but I was not allowed to return to school because it would have allowed me to double my income
and I would have been making more money than my x-husband. I was not allowed to get a drivers
license and did not get one until almost 1 year after my divorce at 29 years old. I was told if I left him I
would never have anything and would live on welfare like my mother. I filed for divorce in 1998 and it
was finalized in 1999.
Ever since my divorce I have been in court trying to recover child support, tax obligations that
he is responsible for that I have paid, and throughout this have incurred over $20,000 in attorney
fees. To put into perspective he makes about $100,000 per year now and I make about 25,000. On
that amount I was supporting two children and my mother and still having my wages attached
and all of my tax refunds seized due to his failure to meet his half of the $15,000 tax obligation.
I am no longer able to afford representation and have been forced to represent myself Pro Per. On
top of the obvious legal knowledge disadvantage of being in this position I have had what appears to be
unethical, and probably illegal activity between the judge and my x-husbands attorney. I believe that
they have violated my 14thAmendments Rights, California Rules of Civil Procedure, California Rules of
Court and the local Orange County Rules of Court. This attorney has been a judge Pro Tem at the
court and was running for judgeship this year. This relationship has enabled the opposing
attorney to do htings against the rules and have additional privileges.
DIVORCE CORP 2014
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In August 2001 at 23-24 weeks of pregnancy after being hospitalized with Stress Induced Pre
Term Labor and being put on bed rest I contacted the court to explain why I needed a continuance
and the refused stating the other attorney has to get you one. This attorney refused even after getting a
fax from the doctor. The stress of this re-hospitalized me the night before the court date. I was
released at 3:00 am and ordered on 2 weeks bedrest, to avoid stress, and not to drive. I had to be in
court by 8:30 and was forced to go to court on 1 hr of sleep after being hospitalized. If I had entered
full labor my child had a 10%-40% chance of survival. I incurred a $1800 medical bill.
On 9/27/01 Respondents attorney had my child and spousal support abated on a date that the
childrens attorney had told me not to appear in court. As he needed more time he said he would
get a continuance and let me know when the next court appearance date would be. I was 6 months
pregnant and about to start my maternity leave. The EX-PARTE support abatement was done
fraudulently as there was no notice, was done with the knowledge that I wouldnt be there, and
there was never a motion ever filed to end my support nor any opportunity for me to oppose this
action.
On 8/20/02 right before I am called before court the Judge makes the statement to the attorneys in
court. The Appelette justices that believe it is the right of thepeopleto represent themselves need
to come and sit in the cour t and deal with the 20 li ttl e messes that I have to deal wi th everyday I had
previously heard him tell a lady in court who stated she could not afford an attorney. I told the court I
wanted to pursue this contempt case. The Judge saysI have competent professional attorneys that
cant do a contempt case andyou think you can do one? and SoYou want to be dropped off in
the middle of the Pacific Ocean and swim to shore. On a previous court appearance while I still had
council a lady who was Pro Per had stated to this judge that she could not afford an attorney. I had
witnessed this judge tell her You cant afford not to, Ifyou care about your chi ldr en do not return
without one.
On 9/19/02I receive from respondents 2ndattorney, a package addressed to the wrong address.
Inside this package were two Motions in Limine to dismiss the case, an additional motion requesting
sanctions of $12,000 in attorney fees and accusing me frivolous actions, and an incomplete responsive
declaration. None of the papers had court stamps and were not Endorsed-Conformed copies.I
had no way of knowing if this was real or not. Further it was signed on 9/16/02 4 days priorto our
hearing. Failing the Ten day rule of C.C.P. 1005(b), it legally could not be heard.
On 9/20/02 despite the fact that I had filed this case, the Judge heard from the respondents attorney
first. The Judge listened to his attorneys motions despite my objections and me citing the statutes of
lawand cases to support these statutes. He then dismissed the case with prejudice anyway. He thendismissed my restraining order I asked for as respondent had been sexually harassing me and
requesting the court give him guns he had threatened to kill me with that I have already
compensated him for and he already signed an agreement in 1998. This is not a judicial oversight
this was a pre-planned act done in collusion with respondents ProTem attorney. The Judge
dismissed the case for improper service while respondent was still under the courts jurisdiction and had
appeared on other issues and asked the to be trailed following this motion. This was done on a motion
that was improperly served and to date cannot be found in anywhere in court. I believe this violates my
due process, my civil rights, ethics, cannons, local laws, state laws, and federal laws.
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While in court respondents 1stlawyer made a comment to the Judge attacking a letter written to by
me to respondent that the attorney gave him. She told him itwas disturbing. I dont understand how
the court could have in its possession a copy of a personal letter was given to respondent on the
previous Sunday and we were in court together andthere was never a request in open court to
enter this letter into evidence. The Judge repliedyes I have a copy of it right here in front of me.The Judge would not allow me to enter into evidence the CD recording of respondents threat to Have
his attorney take both F**KING kids away from your a** and telling me he will tell our son that
Mommy is a money grubbie b**ch and attempting to coerce me into taking only $400/ month for
support. This is evidence supports motive for not only for willfully not paying support, part of the
contempt case but additionally for vexatious litigation and possibly extortion. Respondents attorney
got evidence submitted to the judge this wayand I couldnt get relevant evidence submitted in
open court. I am continually denied fair treatment. The Judge has said in court at least 10 times
thats why you need an attorney- More proof of his bias and prejudice against Pro Per litigants.
I also agreed to a 730 Evaluation under the agreement that respondent pays Evaluator, but that
respondents attorney is not allowed to speak to evaluator, and that I am allowed to review alldocuments submitted by evaluator. I AM UNDER THE BELIEF THAT THIS IS AN
INDEPENDENT EVALUATION. The report should be submitted to the court and the court should
use it on its merit or allow both parties to view what the independent evaluation is. Respondents
attorney and I are in adversarial position as she nearly caused the death of my child, she hasLIED
time and again to the court, made negative comments to the last evaluator, has broken laws, and
violated my civil rights. I dont understand why she was there at the last evaluation stating that I
Allegedly was the custodial parent and some othersnide remark to the evaluator. This is more of her
unethical behavior and I also dont understand why she needs to say anything to the next evaluator - I
dont have kids with her, they dont live with her and her input is only negative and detrimental to my
case. My motion to have her not speak to the evaluator is denied and on the minute orders dated9/20/2002 it now falsely states that I asked to talk to the evaluator first and mentions nothing
about my real request.
On 9/24/02 I returned to court to request the transcripts for the 9/20/02 so I can begin my appeal
process. The clerks in Judge Brices courtroom are rude to me, and the reporter claims it will take 2
months or more to get transcripts.I file a complaint with the court reporters office. This
complicates my ability to appeal this fraudulent decision. Again violating my civil rights, delaying
the civil process, and impeding justice. I also go to the Family Law Clerks office and pull up my
court documents.
There was still no motion ever filed by respondents 2ndattorney. There is a judgment has been
filed on a motion that hasnt ever been filed, endorsed, or properly served. Obvious corruption in
this court
Two days after this the case was transferred to a commissioner in child support services family
court.
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On 10/08/02 in court I was allowed to look in my entire file andfound two different responsive
from respondent and a letter that I have never seen nor ever been served to me. It was supposedly
filed September 20th
2002. Respondents motion to dismiss contempt that was granted with
prejudice and still the notice required by law fair play does not exist in court records.
Since September 20thI have been exploring every avenue available to me. I contacted the Public
Law Center but all programs offered in Orange County are only available to current Orange
County residents. After living in Orange County all my life I moved to Los Angeles County in
September last year.I have sought help from Legal Aid in Los Angeles however I make too much
money to qualify.
They referred me to Levitt and Quinn Family Law Center. I was informed by the Executive
DirectorJeffery Jacobson that they do not do law in Orange CountyFurther he explained,
Dont go into court without an attorney, as these events that have happened to you are deplorable.
He also said, Any Judge in Los Angeles would be ostracized for allowing th is to happen in their
court. I have heard many funny stori es of things happening in Orange County that are unheard of i n
Los Angeles. You have a reall y big legal problem now and are in the heart of l iti gation. Without
representation you wi l l most likely loose your case and child in the Orange County court system
As a single mother I need to use what limited resources I have to provide care for and quality time to
my children. I have attempted to do the conventional method and have found that deeper pockets are
better than purer motives. This lesson has cost me all of my savings, most of my retirement, and now
that I have spent close to $20,000 in attorney fees which almost 1 full year of work and have received
little of what the court was supposed to provide, I am now facing loosing my child because I have nomore money to spend. Now that I no longer can afford representation and am forced to represent myself
I no longer experience the right to a fair trial that and live in fear of the loss of my child and the
realization that the $35,000 in loss created by the actions in this case. In the attempt to represent myself I
also fear the $32,000 in sanctions that the respondents two attorneys are attempting to have assessed to
me.
With approximately 70% of family law cases being Pro Per this type of case becomes the
norm instead of the exception. One of the fundamental guarantees of the constitution is the right
of self-representation.My conversation with a Jeffery Jacobson, who specializes in helping Pro Per
persons exercise their rights, confirms that my case is not unique but an example of what many people
have and will probably have to go through. In this court system I couldnt get any court clerk to confirm
that it was unusual that a document that is supposed to have been filed and a judgment was based on,
could not be found in the file, on the computer or in the court room. Even though it is their job to know
about filing paperwork in the court system they couldnt verify that a motion was supposed to be filed at
least 10 days in advance of the hearing.
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The Orange County Court system punishes Pro Per litigants and the financially disadvantaged for
their inability to pay and allow preferential treatment in favor of the high wage earner and the attorneys
in the courts Inner Circle. In order to fairly evaluate the entire circumstance of the case and make the
decision that is truly in the best interest of the children the court must change its policies in dealing with
self represented litigants. This court has ignored state and federal laws, state and local rules ofprocedures and thereby ignores its ultimate purpose and responsibility of making unbiased decisions
based on the facts available and the relevant laws enacted.
This is where this court has failed and in doing so it has created an incubator for continual
unrestrained violations of the 14thAmendment. Since most Pro Per litigants are unfamiliar with
their rights, court procedures, and recourse most violations of rules and procedure go un-
addressed, as most are unaware that their rights are being violated and lack the resources and/or
knowledge to seek relief from these violations. This then complicated by unethical conduct of
judicial officers who dont enforce the rules for the person with the law degree but expect the ts
crossed and is dotted for the pro se litigant.
I believe that my case is full of violations of my civil rights, collusion, corruption and
conspiracy. I do not have the means to acquire proper council. Attached is the letter I sent to the
Supervising Judge of Orange County Superior Court Family Division that has many more details.
I appreciate any assistance you may be able to provide.
Thank You , Dianne King
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Perry Kings Verbal ThreatsD/V Abuse causing Pre-term Labor
Threats usingPROTEM/Judge Candidate Grainne Ward ..because I cant lose because she is friends with aoff the judges and is even a part time judgeto acceptance of $400 vs. $700+ Guideline. EXTORTION / DURES
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THE ELKINS COMMISSION ACCESS TO JUSTICE
The Elkins Commissions 28 member panel has determined that the lack of accountability
of the judicial officers is the single most importantproblem in the court system itself.Although the wording states family court professionals any rudimentary understanding about
power and group speak realizes the entire system, environment is controlled by the judges.
The additional recommendation highlighted in enlightened detail by stating that requiring allin-chamberscommunications to be recorded. The judges chambers is the Bermuda Triangle ofconstitutional rights and #1 place abuse is created by using the lack of record and presumption ofcorrectnessas tools to usurp power and authority. This makes appeals illusory and litigation
both simulated and fraudulent. The depth of cronyism and blind eye protections between un-elected crony judicial officers and improperly applied shield of absolute immunity is allowed toprotect intentional constitutional violations which are acts in excess of jurisdiction.
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The 500 Member Alliance of California Judges represents about 30% of the sitting Judges and havecalled for a change in the California Judiciary demanding transparency and accountability. The pictureof those required to protect PUBLIC POLICY and ourAccess to Justice reflect the same distrustand disgust shared by the 70% of the public that has no faith in the ability to provide more than thefaade of justice.
It appears as though Orange County may be one of the seeds of the Family Law problem
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Orange County Court has served as the Court role model accordibg to Judge Peter McBrianstestimony to the CJP in 2009 regarding the 1991 restructuring of the Sacramento Family Law CourtSystem. It is quite hypocritical that the Presiding Judge of Orange County in 2002 became aadministrative leader and administrative executive in the Judicial Counsel and the CPJ.
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Wards Sept 27t
2001 ex-parte, no-notice, support abatement of all support was granted by Brice on a
date the childrens attorney requested a continuance and respondent was told not to come. This is
unconscionable act by a professor of law and Judge ProTem who cannot claim ignorance. This is honest
service fraud and a criminal conspiracy to deprive rights. Support wasnt paid again until March. By feb
2003 Perry King was 2000 in arreas. Judge Horn was made aware of this abuse on 9/24/02 when he
received a copy of the request the the same day it was given to Judge Daniel Brice and asked him to
recuse himself. This would have been a big scandal for a Presiding Judge advancing to the CJP
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Grainne Ward either poisons and corrupts the minds of, or
colludes with two Law FirmsThe DeArmey Law Firm ethics isshown in attacking his own client to return guns to brown-nose
ProTem Judge Grainne Ward. Disbarment is proper action
(see connection to Lexi Di ll on chi ld molestation/r ape case)
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It was signed by all parties including the deadbeat parent in contempt and
arrears Perry King. However when you hire a Judge ProTemAttorney with
Judge Brice in her packet and unethical attorneys rampant in Orange
County there is no reason to bother with Judicial Orders or Marital
Judgements. Having you client obey court orders isnt important either
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Ethic-less Attorneys engaged in strategic @$$ Kissing of connected ProTem Judges theymay appear in front of for quid pro quo. victimizes innocent litigants and bilk families oftheir life savings and alter childrens futures or maybe one day in the future makearrangement that facilitate the anal rape and deportation of molested children.
Fraudulent ex-parte hearing 7 days prior to scheduled hearing
Dianne King filed for arrears, marital judgment, and
calculation based on the actual custody. Instead it turned into
simulated litigation controlled byProTem Judge Grainne
Ward is this was $1883 in Breach of Fiduciary Duty, Honest
Service Fraud, & extrinsic fraud in a court known for this
practice of attorney equity skimming of litigants
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THIS IS WHAT ORANGE COUNTY FAMILY COURT CORRUPTION LOOKS LIKE
R.I.C.O. Conspiracy- With 2K in missing support, her wages being garnished for Perry Tax Debt,underpaid support of $400-700/mo, and being prevented from completing the LVN to RN program thereis a $10K + ($400+/mo) + RN double income after 12mo + ending attorney fees as the INCENTIVE
to come to court ASAP. All Continuance were by the attorneys
After our 1stappearance with Milo DeArmy he DEMANDED the return of the guns already equalizedin the judgement because he was so busy brown-nosingProTem/candidate Grainne Ward for futurequid pro quo favors. These are the same kind of favors Grainne Ward received from Judge Daniel Bricein this case and the kind of favors inferred in the current Ruby & Lexi Dillon Tragedy where theDeArmeys represented the accused child molester and it appears as though the U.S. born child deniedaccess to see her mother has been deported to hide corruption.
http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/17/screams-in-the-dark-us-courts-traffickin
https://www.facebook.com/bringlexihomenow
Please Note: Diannes ONLYrequest for continuance was due to D/V verbal abuse
The E/R DOCTORS ORDERED BEDREST/NO-STRESS DUE TO THIS DOMESTIC
VIOLENCE VERBAL ASSAULT CREATING STRESS INDUCED PRE-TERMLABOR
THAT NEARLY KILLED OUR DAUGHTER AT 23WEEKS OF PREGNACY AND IT WAS
DENIED BY PROTEM JUDGE GRAINNE WARD CAUSING THE 2ND
E/R EMERGENCY
Money Grubbie Bitch Truth
a) Perry 3X more income - 16% custody
b) Perrrys tax debt is garnished from Dianne
c) He had 50/50 then 70/30.. couldnt handleit
d)
Corrected support was $5/600 increasee) Only then were kids in imminent danger
f) She was in 12mo. LVN to RN Program
g) Would have been a RN in 2001 at 2x income
h) $1,250,000 LIFETIME INCOME LOSS
i) Federal Tax Loss =
j) State Tax Loss =
k) After 3yr, 2 lawyers, $8500 gave up
Perry Kings Verbal Threat
D/V Abuse causing Pre-term LaborExtortion/Duress to acceptance of $400 vs $700+ Guideline
http://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/17/screams-in-the-dark-us-courts-traffickinhttp://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/17/screams-in-the-dark-us-courts-traffickinhttps://www.facebook.com/bringlexihomenowhttps://www.facebook.com/bringlexihomenowhttps://www.facebook.com/bringlexihomenowhttp://www.thepeoplesvoice.org/TPV3/Voices.php/2014/07/17/screams-in-the-dark-us-courts-traffickin -
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The Societal and Financial Cost of ProTem/Attorney/ Judicial Corruption and Abuse
Avg LVN Nurse 2014 Vs. Avg RN Nurse 2014
Dianne King has lost $3033/mo = $36K/yr orCriminal ProTem Abuse cost her 1.25 Million Dollars in lifetime income
The State of California has lost $310/mo. = $3720/yr or $126,480 in lifetime revenueThe Federal Government has lost $846.35 $10,156/year
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Grainne Wards Home-Towning of Jeffery Stark in Judge Brices Chambers
Blame Shifting
Hometowning Ethical Issues
1) Why is an ProTem Judge/attorney Grainne Ward Demonizing the victim of her criminalObstruction of Justice ? See Sept 27th2001:illegal vacating all support orders, August Afterher clients verbal abuse and extortion threats in her 23week of pregnancy refusal of E/Rroom Drs ordered bedrest order that caused a
Hanging Perry in front of the courthouse Facts:
a) Perry King earns $80-100K, Dianne earns $24,500,b) custody 84/16, arrears over 2Kc) Diannes wages garnished for Perrys share of tax debt and CANT file for her $6K tax return
because he refuses to pay his share as defined by the Marital Judgment Since 1999d) Perry has paid no support since Septembere) Our Daughter was born December 28thand she was foced to work until the week before her
birth.
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Part of our response to Jeff Stark.
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/
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WHY- WAS DANIEL BRICE
VACATED WITH NO
EXPLANATION AFTER
RECEIVING THE LETTER
This wasnt discovered until 2011. It was obfuscated afthe request was denied merit by both Judge Brice and JudHorn. It was followed by a letter stating that she had be
transferred due to scheduling conflicts and we decidedturn the case over to DCSS to escape this abuse. Notice th
is no Explanaition on abating 2ys wasted
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Take Notice: theorder to reassign the case#163 is dated 10/02/2002. The informal letter to self-recuse was given to Judge Brice and a copy to Judge Horn on the same day Sept 24th 2002 - It hasbeen fraudulently notated as received on 10/4/2002. This is the last day of the 10 day appeal window.
The 9/20/2002Dismissal of contempt with prejudice was predicated on a unstamped motion
delivered to our home on Sept 19th
claiming to have been filed on Sept 16th
. And based on the
document entry numbers had to be entered after 10/2/002 and the record shows they were filedsame day as hearing.
My birthday is Sept 23rd so on Sept 24rd we went to court to order transcripts and get copies of themotions granted that failed notice. The documents now claiming to be fi led on the Sept 20th
(the
same day as the hearing) could not be found. We are told at the clerks office they might be in transit or
filed by judge Brices clerk.Judge Brices clerk didnt have them either and court reporter said wewould have to wait 60 days even though we had a 10 days to address this dismissal withprejudice.
On 9/27/01 we returned and asked for the in transit documents that the 9/20/02 dismissal withprejudice was granted by for and they still could not be located. We filed document #170 of the proof
of service as docu8mented as Sept 27
th
2002. This day we complained to the Head of the Clerks andreflected our experience e of fraud including the 9/27/2001 Abatement of all support for a pregnantmother 2ys into trying to get her Judicial Order Marital Judgment from 1999. This is to give the
appearance that this re-assignment had nothing to do with exposing this conspiracy to defraud a
pregnant ProSe litigant of a fair trial and her due process, , support arrears judgments and
federally guaranteed marital dissolution judgments.She is a bully and 10yr ProTem Judge/
2002 Judicial Candidate Grainne Ward. She was bound by the Canons she violated and never
should have served on the bench and disbarment is appropriate for her criminal acts
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Why would anyone believe these stats ?The Chairperson for the Commission constitutionally mandated to protect the public from
abusive judges first denies claims of abuse and then initiates its cover-ups with-in the court hewas the Presiding Judge of. Then a Judicial candidate who has volunteered ProTem for 10yearsand two judges pinned to follow in Judge Horns position as Presiding Judge engage in CriminalConspiracy to hinder 14thamendment rights , equal protection and Fair Service Fraud with actsincluding SEPT 27, 2001NO-NOTICE, EXPARTE ABATEMENT OF ALL SUPPORT to furtherfinancially and emotionally abuse her while 6mo pregnant while offering to pay their
chosen psychologist for the eval to support the pre-planned custody change now unfolding
NO SUPPORT FOR 6Mo. After nearly killing the baby 2x the previous month they forced thepro se pregnant nurse to work until the week of the birth of her child OVERTIME because shestill cant get the 1998 marital judgment already finalized addressed and the IRS is garnishing hisdebt from her. THIS CASE WAS A CRIME THAT THREE JUDGES OBSERVED AND COVERED-UP.This change her life and the lives of her children forever. She would have been a RN in 2001
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IN OTHER STATES This type of unethical misconduct results in
California promotes them to Presiding Judges
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Justice: An Impossible Dream?
The 11-year ordeal of Chester J. Chalupowski at the hands of unscrupulous lawyersscheming to gain control over his estate led Dr. Margaret Koch-Nabialczyk to point out thatmany books by legal scholars had warned of the crisis that is now washing over our
judicial institutions, entrapping and destroying the lives of countless citizens whoturned to the courts hoping to find protection and relief from injury.
The Bigger PictureMARGARET KOCH-NABIALCZYK, MD PhD
For the first five years of his legal ordeal, Chester considered himself a lonely, unfortunatevictim of a mean, unethical lawyer, supported and enabled by a web of his unscrupulous"brothers" and "sisters" utilizing to their own benefit the numerous tools of the ruthless machineof the legal system. However, in the summer of 1998, by some kind of divine serendipity, Chester
stumbled upon a book bearing the intriguing title,Jurismania: the Madness of American Law,written by Paul F. Campos, a Professor of Law at the University of Colorado. Chester, by nomeans a bookworm, devoured Campos' difficult treatise while growing increasingly amazed, infact mesmerized, by its relevance to his own experience. After the first five years of his anguish,Chester started seeing the legal torment imposed on him and his family against a backdrop of anenlightening, though menacing, bigger picture.
Chester, an all-American idealist never anything but proud of his country, was shaking his headin disbelief. Thinking, "Jurismania, no matter how depressing, is only one book," Chester set out tosearch for 'the other side of the story' assuming that there was one. In an effort to find 'some goodnews' (one of his favorite clichs), he went on line, checked the catalogues of all local libraries,
spent long hours sipping coffee, snuggled into a small cozy couch at the North Shore Mall BordersBooks. Shortly he had assembled a two-foot-high stack of books written by legal scholars,practicing lawyers, lawyers-turned-journalists, and other open-minded non-fiction writers. Justlooking at the disconcerting titles, Chester had an uneasy feeling that there was no good newsthere. Nevertheless, he put the books in chronological order according to the year of publishingand began his search for answers.
It seemed that the troubling titles started popping up on bookshelves across the country by theearly 1970s. In 1971 Random House published Law against the People: Essays to Demystify Law,Order, and the Courts, by Robert Lefcourt. In 1976, a young Ralph Naderand his co-author,Harvard Law School graduate, Mark Green, edited a collection of alarming essays, Verdicts on
Lawyers(T. W. Crowell). In 1977Anne Strick, a prolific fiction and non-fiction writer, publishedher now apparently forgotten, yet quite visionary for its time, Injustice for All: How Our AdversarySystem of Law Victimizes Us and Subverts True Justice(G. P. Putnam's Sons). In 1978, J. K.Liebermantried to alarm us about lawyers' "unethical ethics" in his book entitled Crisis at theBar: Lawyers' Unethical Ethics and What to Do about It(Norton). In 1980, Philip Stern, a Harvardgraduate and special investigative reporter for The Washington Post, who at age 49 enrolled as afreshman at Georgetown University Law School, made a daring attempt to put lawyers on trial inhis book actually entitled Lawyers on Trial(Times Books).
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In 1989, Gerry L. Spence, once a famous, self-proclaimed 'country lawyer,' took on the wholelegal system in an effort to "excite and illuminate the millions of Americans who felt frustratedand betrayed by their justice system," in With Justice for None: Destroying an AmericanMyth(Times Books). In 1991, Walter K. Olson, called by Amazon.com, "the legal world'sforemost whistleblower," warned us that the lawsuit industry (according to Olson, "a civil war invery, very slow motion") was seriously crippling America, in his bookThe Litigation Explosion:What Happened when America Unleashed the Lawsuit(Dutton).
By the mid-1990s the frequency of disturbing titles showing up on the market visibly gainsmomentum as more and more authors eagerly express their dreadful concerns. In 1993, a notedlegal scholar and educator,Anthony T. Kronman, the current Dean of Yale Law School, states inhis book, The Lost Lawyer: Failing Ideals of the Legal Profession(Harvard University Press) thatthe crisis in the American legal profession, "threatens the collective soul of American lawyers. []
This is a catastrophe for lawyers. Beyond that, it is a disaster for the country as well." On the veryfirst page of his book, Kronman states: "Every year produces a fresh crop of scoundrels andrenewed doubts about the ability of the profession to police itself, along with familiar complaintsabout the undue power of lawyers (which any democratic society is bound to regard withsuspicion)." This diagnosis of "legal pathology" is vehemently confirmed by Mary Ann Glendon,a Harvard University Professor of Law, who expressed her concerns in her book entitledA Nationunder Lawyers: How the Crisis in the Legal Profession is Transforming American Society(HarvardUniversity Press). In the Introduction to her book, published in 1994, Glendon states: "It isprecisely because of the unique role of law and lawyers in American life that a significant advanceof arrogance, unruliness, greed, and cynicism in the legal profession is of more concern thansimilar developments in, say, banking or dentistry. [] A breakdown in self-discipline amonglawyers, then, cannot be without consequences for the wider society."
A similar concern for the degradation of the legal profession is expressed by Sol M. Linowitz, aWashington, D.C. attorney, former general counsel and chairman of the board of Xerox, in his1994 book The Betrayed Profession: Lawyering at the End of the Twentieth Century(Scribner).Also in 1994, Philip K. Howard, a lawyer practicing in New York City, published his book, TheDeath of Common Sense: How Law is Suffocating America(Random House). Howard's "distressing,disturbing, devastatingly detailed indictment" (Amazon.com) of the American legal system calledby reviewers "a blood-boiler" and "a lethal cannonball of a book," stayed on the PublishersWeekly bestseller list for 25 weeks. In 1996, Ralph Nader(likely disappointed that his collectionof alarming essays,Verdicts on Lawyers, published 20 years earlier, did not make much difference)teamed up with a Californian lawyer-writer, Wesley J. Smith, to write No Contest: CorporateLawyers and the Perversion of Justice in America(Random House). On the front flap, the editor ofthe book expresses alarming concerns: "There is a widespread belief among Americans thatsomething is deeply wrong with our legal system [dominated by] rapacious thieves with LLDs.But how has a profession whose ideals are integrity and equality of all sunk so low? Can this slidebe reversed?" One of the book's reviewers, Gloria Steinem, states: "No Contestmakes Watergateand the O.J. Simpson trial look inconsequential. [] Ralph Nader and Wesley Smith have given usthe good research and deep outrage we need to create social change."
In 1998, the outrage and call for change inspired not only Professor Paul Campos, but also MaxBoot, a young investigative reporter for the Wall Street Journal and recipient of the Gerald LoveAward for Distinguished Business and Financial Journalism. Boot coined the term "juristocracy"
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in his highly acclaimed treatise entitled Out of Order: Arrogance, Corruption, and Incompetence onthe Bench(Basic Books). Robert H. Bork, a former federal appeals court judge and the best-selling author of Slouching towards Gomorrah and The Tempting of America, states in theForeword to Max Boot's book: "Men and women given unaccountable power will often use it tofurther their own ends, not ends of the polity which they exist to serve. [] Our courts are
behaving badly and the public, to the degree it can be brought to understand that, will exact forcefor reform, a reform that must be structural as well as intellectual and moral."
After navigating his way through his two-foot-high stack of books, Chester Chalupowski, deeplydisillusioned, found an answer to his question - Paul Campos was not alone in his doomed vision,there was no 'good news,' and there was no other, brighter, side to the story told inJurismania.
Recently, this sad conclusion has been confirmed by more authors courageous enough to treadon this treacherous ground. In the summer of 1999, Chester, now an expert on the topic, noticedthat Ballantine Books announced The Moral Compass of the American Lawyer: Truth, Justice,Power and Greed, written by Richard Zitrinand Carol M. Langford(both professors of law at the
University of San Francisco, as well as practicing lawyers). The moment the brand new copyarrived at the Beverly Public Library, Chester was the first to check it out. While the librarian wasstill scanning the barcode, Chester was already reading the publisher's comments placed on thefront flap: "These are perilous times for Americans who need access to the legal system. Toomany lawyers blatantly abuse power and trust, and engage in reckless ethical misconduct, grosslyunjust billing practices, and dishonesty disguised as client protection."
The contents of the book thoroughly confirms the statement on the cover.
Even more alarming is one of the most recent efforts to bring the crisis in the American legalsystem to the public's attention made byCatherine Crier, a former Dallas lawyer and judge,
turned Emmy Award winning TV host and one of the most respected legal journalists in thenation. In 2002, Crier published her book, The Case against Lawyers: How the Lawyers, Politicians,and Bureaucrats Have Turned the Law into an Instrument of Tyranny - and What We as Citizens
Have to Do About It(Broadway Books). According to the publisher, Crier "describes an Americanlegal system dangerously out of control - and finds the lawyers guilty as charged. [] She nowconfronts a profoundly unfair legal system that produces results and profits for the few - andparalysis, frustration, and injustice for the many. []" The Broadway Books Editor assures us:
"The Case Against Lawyerswill make readers hopping mad. And it will make them realize that theonly response can be to demand change. Now."
While it may be difficult to ascertain whether Crier's book, or any other of the aforementioned
books for that matter, made the readers "hopping mad," one thing is painfully apparent - all thesebooks (and many more from the 'Chester's list,' which were not mentioned here) did not makeany difference as far as the condition of the American legal system is concerned. "The paralysis,frustration, and injustice for the many," complained about for the last 30 years is getting moreand more rampant, and it seems to be here to stay. All these painstakingly researched andmasterfully written books (some of them as engrossing as good fiction) have not brought aboutany change, and apart from documenting the crisis, did not have any significant impact. Each ofthem ends with some suggestions for a reform of the legal system. But, as Paul Campos noticed inhisJurismania, " almost nothing recommended by well-intentioned academics ever happens."
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All these excellent books usually do not make bestsellers' lists, unlike the ones that deal withspecific juicy and emotionally charged cases (e.g.A Civil Action, by Jonathan Harr, or all theaccounts of the O.J. Simpson trial, and other high profile criminal cases). Therefore, the messageof "well-intentioned academics" does not get into the general public's consciousness.
In the Foreword to Max Boot's book, Robert Bork states: "[] laymen rarely have a completeunderstanding of what is taking place and those lawyers who do, by and large, become cynicallyaccepting of a system they do not admire but have learned how to work, or at least to live, with."Lawyers' complacence is unsettling. Robert W. Gordon, a Stanford Law School professor and areviewer of Anthony Kronman's book, states: "If lawyers could spare any time to read, The LostLawyer[or any other of these books] should really make them sit up and take notice of what hashappened to them."
Practicing lawyers shrug these concerns off, and preoccupied with playing the system well (i.e.to their own advantage) they would never waste time reading all these alarming treatises. Afterall, to whom would they bill the hours spent on the reading?
Only people like Chester Chalupowski of Salem, Massachusetts, deeply wounded and
traumatized by the injustices of the justice system, but still struggling to make some sense
out of the chaos and to see the bigger picture, take the time to explore the matter, even if
there is no good news, especially, if there is no good news.
Excerpted from an essay by Dr. Margaret Koch-Nabialczyk, circulated on the Internet December, 2004. Dr. Koch-Nabialczyk lives in Beverly, Massachusetts and can be reached by e-mail at [email protected]. A full descriptionof the Chester J. Chalupowski case can be found at Citizens for JudicialAccountability, http://www.judicialaccountability.org.