February 22, 2009
"The last thing the Supreme Court needs: Another judge"
The title of this post is the title of a new op-ed in the Chicago Tribune from Professor Timothy P. O'Neill. As regular readers know, this op-ed echoes some points I have been making whether SCOTUS appointments become a topic of discussion and speculation. Here is a snippet from the op-ed:
For the first time in American history, every justice now on the court has come from exactly the same job: judge on the U.S. Circuit Court of Appeals. Chief Justice John Roberts has approvingly noted this fact, calling the court a "judges' court" that has "a more legal perspective and less of a policy perspective."
But Roberts neglects to mention several other "firsts."
For the first time in American history not a single justice has had any legislative experience. Not one has ever been elected to Congress, a state legislature or a city council.
For the first time in American history not a single justice has ever held—or even run for—any elective office at any level of government.
For the first time in American history eight of the nine justices attended one of two law schools: Harvard or Yale.
This narrow background is unprecedented. We now have eight justices who can sing the Harvard or Yale fight songs, but not one who has ever shaken hands with a voter, introduced a bill in a legislature or decided whether to veto a piece of legislation.
Some related old and new posts on judicial appointments:
- Reflections on the politics of SCOTUS and personhood of its members
- Is career diversity a bad thing in the highest court in the land?
February 22, 2009 at 12:37 PM | Permalink
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don't forget mention of Vincent Bugliosi's delicious assessment of our individual Supremes.
Posted by: FluffyRoss | Feb 22, 2009 1:24:17 PM
where can i that? is it in his book "betrayal of america"?
Posted by: . | Feb 22, 2009 3:13:58 PM
How about someone that has been beat up by the cops?
Or how about a former cop that bragged about beating people up?
After all, these are both real parts of politics and criminal justice.
Posted by: S.cotus | Feb 22, 2009 7:27:26 PM
S.cotus, I would be happy with just someone who has represented a person charged with a crime.
Posted by: bruce cunningham | Feb 22, 2009 7:55:34 PM
Will we ever see another Louis Brandeis? O'Bama will come through!
Posted by: Michael R. Levine | Feb 22, 2009 10:04:48 PM
With regard to each of the following issues. How many current Justices (and someone identify which Justice) of the Supreme Court:
-ever sat (appropriate word 'sat') on the DC Court of Appeals? That is a court in which there is no Senate input or sponsorship. They are hand picked by the President.
-have ever tried a jury trial civil or criminal? If so, how many of each catagory?
-are from that part of the country "not the coasts"? I consider Georgia (Thomas) and New Hampshire (Souter) part of the East Coast. Anyone from the Heartland?
-have ever worked for a public advocacy legal services program such as public defender, civil legal aid for the poor, ACLU, childrens' advocacy, civil rights such as Lawyers Committee For Civil Rights Under Law, prisoner's rights, mental health patients' rights, etc? If so, was this while in law school? (law clinics should not count)
- have ever worked for the Chamber of Commerce, big business law department, big law firm, Congress person's adjunct or staff, lobbyist for anything other than those types listed in the preceeding paragraph, big corporation, governmental agency?
-ride the Metro to work?
- Have ever belonged to a country club? And, of those have ever belonged to a country club that ever (during the membership or prior history of excluding) excluded minorities, Jews, foreigners?
-own or lease cars built in the United States?
-voted for Thomas Dewey in 1948?
Posted by: mpb | Feb 23, 2009 11:30:32 AM
"For the first time in American history not a single justice has had any legislative experience. Not one has ever been elected to Congress, a state legislature or a city council."
So? We don't require or even expect legislators to have been judges or presidents. We don't require or expect presidents to have been legislators or judges.
Posted by: Jeff | Feb 23, 2009 1:02:09 PM
"How many current Justices . . . ever sat (appropriate word 'sat') on the DC Court of Appeals? That is a court in which there is no Senate input or sponsorship."
Even judges on the D.C. Circuit are subject to Senate hearings and confirmation, so it's not accurate to say there's "no Senate input." Kind of a curious metric though...what kind of evidence is there that coming to SCOTUS from a non-D.C. federal appellate court is somehow more desirable or makes a better Justice?
(The answer to the question, by the way, is four: Chief Justice Roberts and Justices Scalia, Thomas, and Ginsburg all sat on the D.C. Circuit before their SCOTUS appointments.)
Posted by: NYC law guy | Feb 23, 2009 2:22:55 PM
I was not concise enough on the nominating process on the various courts of appeals. DC does not have a sitting Senator. In the 8th Circuit for example, when a judge goes on senior status, retires or dies there is an opening. If the judge is from Missouri, tradition has it that this is a Missouri slot. The senior Senator from the President's party gets to suggest a nominee. In DC it is all the President's game and "the judge to be" can come from anywhere. And, of course there is advise and consent and confirmation by the Senate--which is 'input' but not 'input' regarding the nomination process.
Posted by: mpb | Feb 23, 2009 6:34:11 PM
How about a physician, scientist, educator, civil rights activist, writer, commentator, wrongfully convicted ex-con who was tortured and beaten by police and correctional officers, disabled person who was medically neglected and abused in prison, and prolific pro se litigant who has won numerous cases against the Cook County State's Attorney and the Illinois Attorney General, who has filed in every court from the local Circuit Court to the U.S. Supreme Court without getting dismissed on technicalities. Hey! I'm willing to take the job! I even took the LSAT for fun, without studying, and got a 153 a few years back.
Posted by: Dr Linda Shelton | May 16, 2009 12:36:04 AM
IS THIS REPORTED GAY SANTA MONICA COMMISSIONER JUST ONE BAD EXAMPLE OF A NEW POLICY IN AMERICAN FAMILY COURTS ALL ACROSS AMERICA OF DON'T ASK AND WE WON'T TELL ???
LAWYERS FOR POOR AMERICANS IS VERY CONCERNED ABOUT THE VERY REAL POSSIBILITY THAT COMMISSIONER DAVID J. COWAN OF SANTA MONICA CA COURT HOUSE IS A CLOSET GAY MAN OR FOR THAT MATTER ~ OPEN GAY MAN, THAT HAS SOMEHOW BEEN GIVEN COURT CASES INVOLVING FAMILY CHILD CUSTODY ISSUES AND IS THE NEWEST FACE OF WHAT IS TO COME IN AMERICAN FAMILY COURTS ACROSS AMERICA ?????????????????
MR.DAMON DUVAL AND HIS TWO WONDERFUL CHILDREN (MAYA & JAZZ ) HAVE ALL NOW BEEN KEPT APART FROM ENJOYING EACH OTHERS COMPANY BY COMMISSIONER DAVID J. COWAN SINCE DECENBER 4 2008. FOR SOME VERY UNCLEAR REASONING THIS APPARENT GAY NAPOLEON COMMISSIONER APPEARS TO BE MORE INTERESTED IN MR.DUVALS MENTAL HEALTH STATUS THEN THE LIVE IN BOYFRIEND OF HIS EX WIFE OF THE LAST 2 YRS., WHO HAS BEEN REPORTED TO THE EL SEGUNDO POLICE DEPARTMENT AS HAVING TOUCHED MR. DUVALS LITTLE 3 YR OLD MAYA ON HER PRIVATE PARTS ??
THIS SANTA MONICA COURT COMMISSIONER APPOINTED CHILDREN'S COUNCIL AT MR. DUVALS REQUEST (LAWYER AMY NEIMAN OF SANTA MONICA CA) WHO HAS BEEN MORE INTERESTED IN ACTING AS A MENTAL HEALTH EXPERT( WITHOUT THE QUALIFIED DEGREES ) AND MISLEADING THIS CHILD CUSTODY MATTER INTO GAY NEVER NEVER LAND WITH THIS SANTA MONICA COMMISSIONER FOLLOWING HER FEMALE INTUITION & ADVICE CONCERNING THE MENTAL HELATH STATUS OF MR. DUVAL!
FOR SOMEONE WITHOUT MENAL HEALTH DEGREES TO QUESTION THE PROFESSIONAL JUDGEMENT OF THE MENTAL HEALTH EXPERT WHO HAS ALWAYS STATED CLEARLY TO THE COURT THAT MR. DUVAL IS OF SOUND MIND AND WOULD TESTIFY IN PERSON TO THE COURT CONCERNING THIS FACT, IS ALMOST ANOTHER FUTURE LEGAL CASE FOR LA COUNTY WAITING TO HAPPEN ?
**WE STRONGLY ENCOURAGE THE LA COUNTY COURT SYSTEM TO OPEN A INDEPENDENT INVESTIGATION INTO THE SERIOUS COMPLICATIONS THAT ENCOMPASS THIS POSSIBLE CHILD PEDOPHILE CUSTODY CASE AND HOPE THAT ALL CURRENT COURT APPOINTED LAWYERS WORKING FOR LA COUNTY LIKE AMY NEIMAN ARE ADVISED TO HELP PREVENT CLASS ACTION LAWSUITS RATHER THEN CREATING ONE IN THE FUTURE !
LAWYERS FOR POOR AMERICANS WILL CONTINUE WRITING ABOUT THIS SPECIFIC LEGAL CASE ON THE WWW UNTIL A PROPER OUTSIDE INVESTIGATION OF THESE PEDOPHILE CHARGES HAS BEEN PROPERLY ANSWERED !!!
LAWYERS FOR POOR AMERICANS HAS A VERY DIFFICULT TIME WITH ANY RESULTS THAT COME FROM THE EL SEGUNDO POLICE CONCERNING THIS INVESTIGATION DUE TO THE CLOSE RELATIONSHIP OF MR. DUVALS FORMER WIFES CURRENT DIVORCE ATTORNEY (MR.ROY KIGHT )HAVING HAD HIS LAW OFFICE SITUATED IN EL SEGUNDO FOR THE LAST 20 YRS.+ , AND HAVING GOOD FRIENDS IN EL SEGUNDO TO DO HIM CERTAIN FAVORS WHEN NEEDED !!!
~ A SIX MONTH RESTRAINING ORDER THAT BEGAN THIS CHILD CUSTODY SEPERATION OF MR. DUVAL AND HIS CHILDREN WAS BASED ON A EL SEGUNDO REPORT THAT MR. DUVAL SAYS WAS CLEARLY FABRICATED ABOUT HIM TO MAKE HIM LOOK BAD TO THIS PRESIDING JUDGE ~
*** ISN'T IT A LITTLE ODD THAT THIS EL SEGUNDO LAWYER MR.ROY KIGHT WAS ABLE TO PREDICT 22 MONTHS AHEAD OF TIME BY TELLING MR. DUVAL OUTSIDE A SANTA MONICA COURT~ ROOM THAT HE WAS "GOING TO TAKE AWAY ALL HIS CHILD VISITATION AWAY BETWEEN HIM AND HIS CHILDREN AND THAT THIS IS A POKER GAME FELLA AND ARE YOU READY TO PLAY " ***
NO MR. DEVALS MENTAL HEALTH IS NOT THE ISSUE IN THIS LEGAL CASE, THE REAL ISSUE HERE IS DID THIS DIVORCE LAWYER ROY KIGHT SET MR. DUVAL UP WITH GAINING FALSE TESTIMONY IN EL SEGUNDO CA AND INFLUENCE THE EL SEGUNDO PEDOPHILE INVESTIGATION OF HIS 3YR, OLD DAUGHTER ???
ATTORNEY ROY KIGHT IS ON THE RECORD AS HAVING PREVIOUSLY THREATENED MR. DUVAL OUTSIDE THE SANTA MONICA COURT ROOM AND WE FEEL MIGHT ALSO BE SO CAUGHT UP IN THIS CUSTODY BATTLE AND THAT HE MIGHT HAVE HAD WAY TOO MUCH INFLUENCE AND INTEREST WITH THE PEDOPHILE INVESTIGATION THAT NEVER TOOK PLACE ????????????????
LAWYERS FOR POOR AMERICANS WOULD BE VERY INTERESTED IF LAWYER ROY KIGHT WOULD ADMIT UNDER OATH (AND SUPPLY INVESTIGATORS HIS PHONE RECORDS) AS TO NOT EVER ATTEMPTING TO INFLUENCE THE FORMER (NOW RETIRED EL SEGUNDO POLICE DETECTIVE MULRONEY CONCERNING THIS PEDOPHILE CRIMINAL LEGAL CASE ???????????????????????????
WE ENCOURAGE EVERYONE INTERESTED IN PREVENTING FAMILY COURT GAY COMMISSIONERS AND JUDGES ACROSS AMERICA FROM CONTINUING TO ALLOW THEIR COURT APPOINTED LAWYERS LIKE (AMY NEIMAN OF SANTA MONICA) TO MISLEAD JUDGES AROUND THE COUNTRY LIKE WHAT HAPPENED IN MR. DUVALS CHILD CUSTODY CASE IN SANTA MONICA CA,TO CALL THEIR GOVERNMENT LEADERS WHO THEY FEEL MIGHT BE ABLE TO HELP MAKE THE NEEDED CHANGES IN THIS LEGAL PROCESS FROM SEPERATING AND DESTROYING OTHER FAMILIES IN OTHER CITIES AND TOWNS ACROSS OUR COUNTRY !!!
***PLEASE ENTER THESE TITLES LISTED BELOW INTO ANY WWW SEARCH ENGINE TO SEE THE FIRST OF MANY WRITTEN ARTICLES CONCERNING MR. DUVAL AND HIS TWO CHILDREN. THE PICTURE OF THIS CARING AND LOVING FATHER WITH HIS TWO BEAUTIFUL CHILDREN IS SPECIAL AND SAYS IT ALL !!!!!!!!!!!!!!
1) SANTA MONICA SCANDAL CREATED BY THE U.S. CONGRESS ~
2) PRESIDENT OBAMA YOU TUBES 4 U.S KIDS !!!
3) AMERICAN DIVORCE COURTS NEED A GIDEON FROM U.S.SUPREME COURT !!!
LAINDYMEDIA.ORG HAD THIS VERY SPECIAL PICTURE FEATURED WITH THE ARTICLES ! WE ALSO ENCOURAGE ANYONE INTERESTED TO ALSO WATCH THE VIDEOS MR. DEVAL HAS OF HIM SPENDING YEARS OF TIME BEING TOGETHER WITH HIS KIDS AT VARIOUS LOCATIONS (beach,hikes in Santa Monica Mountains,riding scooters in parks,etc on ~
BIGDADDYMAYAANDJAZZ.COM OR AT THE END OF PREVIOUS ARTICLES UNDER VIDEOS .....
LAWYERS FOR POOR AMERICANS IS A WWW LOBBY GROUP MADE UP OF VOLUNTEERS WHO CONTINUE TO LOBBY AROUND THE WORLD ON THE WWW FOR MIDDLE CLASS AND WORKING POOR AMERICANS TO ALL BE AFFORDED PROPER LEGAL REPRESENTATION BY OUR U.S. CONGRESS IN CIVIL, CRIMINAL AND FAMILY COURTS OF LAW NATIONWIDE.
JUST ENTER LAWYERS FOR POOR AMERICANS OR OUR PHONE NUMBER INTO ANY WWW SEARCH ENGINE TO READ PREVIOUS ARTICLES FROM AROUND THE WORLD !
WE ALSO WANT TO GIVE YOU ANOTHER SMALL SAMPLE OF OTHER WRITTEN ARTICLES THAT LAWYERS FOR POOR AMERICANS HAS PUBLISHED ON THE WWW.
1) TROY DAVIS,PLEASE REMEMBER THAT AMERICA IS NOT THE OLD SOUTH ~ AFRICA !!!
2) MANNY GONZALES THE KID THAT EVERYONE FORGOT IN THE CA PRISON SYSTEM !
3) REV RICK WARREN, THESE REALLY ARE CRIMES AGAINST HUMNITY ISSUES !!
4) ARE THEY KINGS OF SLAVES OR THE U.S. CONGRESS ??
5) PRINCE CHARLES, PLEASE REMEMBER THAT IRAN GAVE U.S. JOURNALIST ROXANA A FAIR TRIAL !!!
6) INTERNATIONAL PROTEST WITH GOOGLE NEWS STORY NEEDS YOUR SUPPORT TO SAVE 2 AMERICANS !!!
7) DOES OPRAH CONDONE THIS INJUSTICE ???
8) INNOCENT AMERICANS ARE DENIED HC RIGHTS WITH THEIR FEDERAL APPEALS !!
9) U.S. JUDICIAL SYSTEM IS IN NEED OF BILLIONS IN BAILOUT FROM IVORY TOWER U.S. CONGRESS !
10) WHEN THE INNOCENT ARE ABANDONED BY THE GUILTY !!
11) PRESIDENT OBAMA DID NOT CREATE THIS MESS, BUT LETS ALL SAY A PRAYER FOR HIS SUCCESS !!!
12) ACTOR CHRIS NOTH AND MARK BURK SLANDERED BY MODEL BEVERLY JOHNSON !!
13) POORER AMERICAN S NEEDS WORLDS COURT HELP !
14) WILL THE ROYAL FAMILY NOW HELP PRESIDENT OBAMA FREE THEM ?
15) U.S.CONGRESS DECADES OF NEGLECT & ABUSE OF POORER AMERICANS ~ A SAD AND TRAGIC REALITY !!!
16) AND GEORGIA WANTS TO EXECUTE TROY DAVIS ???
17) IS NELSON MANDELA NEEDED IN AMERICA TO CORRECT THIS INJUSTICE ???
18) THIS SUPREME COURT KNEW REAL JUSTICE ?
19) 100,000 INNOCENT U.S. PRISON INMATES HAVE BEEN WRITTEN OFF BY OUR GOVERNMENT !!!
20) WORLD COURT FINDS CRIMES AGAINST HUMANITY IN USA !!!
21) WHY DO POORER AMERICANS NEED GOD TO LOBBY OUR U.S. CONGRESS SENATOR OBAMA ???
22) WHERE ARE AMERICAS RELIGIOUS LEADERS WHEN IT BECOMES THIS EASY TO EXECUTE EVEN INNOCENT AMERICANS ???
23) MIDDLE CLASS AND WORKING POOR AMERICANS HAVE BEEN PORTRAYED BY RICH AMERICA !!!
24) AMERICAS JUDICIAL SYSTEM NEEDS C*H*A*N*G*E...
25) WILL THE POPE NOW SPEAK OUT ABOUT THESE AMERICAN INJUSTICES ???
26) WHEN GODS FACE BECAME VERY RED !!!
27) ARE AMERICAS RELIGIOUS LEADERS BEING SILENCED ?
28) IS THE U.S.GUILTY OF CRIMES AGAINST HUMANITY ??
29) THANK GOD PRESIDENT OBAMA RESPECTS OUR POORER AMERICANS !!!
30) U.S.CHIEF JUSTICE JOHN ROBERTS HAD TO BEG U.$ CONGRE$$ ...
31) GOD AND PRESIDENT OBAMA ARE WALKING HAND IN HAND ON THIS ONE !!!
By LAWYERS FOR POOR AMERICANS
THIS SANTA MONICA COMMISSIONER DOES NOT BELONG IN FAMILY COURT ANYWHERE IN AMERICA !!!
ALL OUR READERS ARE ENTITLED TO KNOW THAT MR. DUVAL HAS BEEN PICKETING IN FRONT OF THE SANTA MONICA COURTHOUSE NOW FOR 21 WEEKS MONDAY - FRIDAY FROM 9AM TO CLOSING AT 4:30 PM !
LAWYERS FOR POOR AMERICANS IS IN TOTAL DISBELIEF THAT COMMISSIONER DAVID COWAN WOULD EVER THINK THAT HE IS EVEN CAPABLE SOMEHOW OF EVER BEING A FAMILY COURT JUDGE IN THE FUTURE IN SANTA MONICA WITH THIS BIASED JUDICIAL MENTALITY TOWARDS STRAIGHT MEN WITH THEIR CHILDREN !
IT IS OBVIOUS TO ANY HONEST PERSON VIEWING THIS LEAGL HORROR STORY THAT COMMISSIONER COWAN HAS DONE EVERYTHING IN HIS POWER TO DESTROY THE LOVING RELATIONSHIP MR. DUVAL HAS HAD WITH HIS TWO CHILDREN AND I WOULD DARE SAY THAT THIS COMMISSIONER COWAN WOULD BE WELCOME TO SIT IN ANY COURTHOUSE IN FAMILY COURT WITH MEAN SPIRITED CALLOUS DECISIONS AS THESE PORTRAYED IN THE DUVAL LEGAL CASE !!!!
**LAST MONDAY THIS SO CALLED GAY COMMISSIONER, AGAIN CONTINUED HIS CALLOUS DECISION MAKING IN THE DUVAL LEGAL CASE BY TURNING DOWN MR. DUVALS (AND ANY LOVING FATHERS NORMAL REQUEST) TO BE WITH HIS KIDS ON FATHERS DAY !
MR. DUVAL IS SUPPOSE TO ONLY GET 10 MINUTE PHONE CALLS EVERY NIGHT WITH HIS TWO KIDS (IF THE EX WIFE DECIDES TO EVEN PICK UP THE PHONE ?)
COMMISSIONER COWAN HAS ISOLATED TWO BEAUTIFUL CHILDREN FROM A LOVING FATHER WHO HAS SPENT YEARS HAVING FUN AT THE BEACH,HIKING IN THE SANTA MONICA MOUNTAINS, RIDING SCOOTERS ALL OVER VENICE BEACH ETC...WITH HIS KIDS ???
*** PLEASE VISIT MR. DUVALS WEB SITE
BIGDADDYJAZZANDMAYA.COM TO SEE THE VIDEOS OF DAMON DUVAL WITH HIS KIDS AT THE LOCAL POOL, IN THE SCHOOLS ON SPECIAL EVENTS ..ETC
MR. DUVAL HAS SPENT YEARS ENJOYING AND LOVING HIS TWO CHILDREN TO HAVE THIS ONE MAN CONTINUE IN HIS VICIOUS ATTEMPTS TO DESTROY THE LOVING BOND HE HAS HAD WITH BOTH CHILDREN.
LAWYERS FOR POOR AMRICANS HAS INFORMED MR. DUVAL THAT WE WILL CONTINUE TO FIGHT FOR HIS GOD GIVEN RIGHT TO CONTINUE BEING THE LOVING FATHER TO BOTH LITTLE MAYA AND JAZZ !!!
SANTA MONICA COURT HOUSE HAS NOW BECOME A FUTURE BATTLE~ GROUND LOCATION FOR STRAIGHT FAMILIES IN AMERICA TO DEMAND TO HAVE THEIR COMMISSIONERS AND JUDGES NOT BE CLOSET GAYS OR OPEN GAYS DECIDING CHILD CUSTODY MATTERS !!!
THANK YOU COMMISSIONER COWAN FOR DEMONSTARTING TO STRAIGHT AMERICA THAT BIASED GAY MEN LIKE YOURSELF DO NOT RESPECT TRADITIONAL FAMILY VALUES AND SHOULD NEVER EVER BE IN FAMILY COURT OR EVER GIVEN CHILD CUSTODY LEGAL CASES !!!
Posted by: LAWYERS FOR POOR AMERICANS | Jun 11, 2009 1:17:44 AM
~ SANTA MONICA CHILDRENS COUNSEL AMY L. NEIMAN IS THE MOST DANGEROUS CHILRENS ADVOCATE IN AMERICA ~
MR.DAMON DUVAL IS JUST ONE OF MANY POORER AMERICANS WHO LOVES HIS TWO CHILDREN JAZZ AND MAYA DUVAL. ***WHY IS MR. DUVAL FINDING IT IMPOSSIBLE TO FIND ANYONE IN THE GREAT STATE OF CALIFORNIA TO INVESTIGATE TO SEE IF THE MAN LIVING WITH HIS EX WIFE IS CONTINUING IN HIS DEVIATE WAYS WITH MR. DUVALS TRAPPED CHILDREN ???
What has transpired so far in cases SD 023 958 in the Superior Court of California, County of Los Angeles, West District at 1725 Main Street, Santa Monica, CA, 90405, Dept. E, Room 111 is nothing short of a blatant abuse of discretion leading to prejudicial error. The Honorable Commissioner David J. Cowan, judge pro tem, has allowed the court-appointed Minors Council, Amy L. Nieman, free reign to operate. Under proper conduct, I would not be filing this verified accusation. Since Ms. Neiman's appointment February 7th, 2007, anyone with a reasonable and unabashed account of what has transpired in this Family Court would find the same result: unfair bias against the natural father of two children - these being my, Damon A. Duval's children, Jazz(born 09/28/2001) and Maya(born 12/21/2003). The most destructive and persevering by product of such partiality is the emotional and physical well-being of children of tender years. California Family Law strictly encourages frequent and continuous contact by both natural parents. At an alarming rate, the exact opposite has been happening in this Santa Monica Courthouse.
This court, unchecked in the prejudice against Mr. Duval, in this continuous course of partial conduct, has invoked the complete alienation of a loving, caring, and more than capable father. An appearance by a more than qualified psychiatrist, Dr. Willian C. Wirshing on July 20th, 2009, did nothing for the unchecked prejudice. Dr. Wirshing appeared on his own, free of charge, and on behalf of Mr. Duval and his two children. He considered there to be unfair decisions made by the court. Commissioner Cowan, unfortunately has always relied completely on the partial assessments of Ms. Neiman to influence all court orders. The fact that Dr. Wirshing's declaration was stricken from the record that day should provide more than an eye raising concern for this requested review.
The incontrovertible evidence is unquestionably sufficient enough to show this abuse of discretion, prove the substantial emotional injury sustained by this father and two children, and allow the higher courts to apply the proper relief, and restore and uphold the integrity of the Superior Court.
The concern right now is the safety and well being of two children through the malfeasant auspices of one court appointed Minors Counsel, Amy L.Neiman. There has been a more than enough evidence to warrant a full investigation into Marcus Boesch and what has transpired between him and the children. Particularly of note the, at the time three year old Maya, who accused him BY NAME of improperly touching her. This was accompanied by the frequent uncontrollable urination by Mr. Duvals daughter, a red light warning in any female child abuse matter. The soft handed investigation by Ms. Neiman has not cleared this abuse from having occurred, nor has it assured me that this abuse has ceased.
In West's Annotated California Codes Court Rules, Rules of Professional Conduct, Rule 1-100 note 6, "Attorneys must conform to professional standards in whatever capacity they are acting in a particular manner."[Crawford v. State Bar of Cal.(1960) 7 Cal. Rptr. 746, 54 Cal 2d 659; 355 P. 2d 490]
"One who is licensed to practice as an attorney must conform to professional standards in whatever capacity he may be acting in a particular matter[Alkow v. State Bar of Cal.(1952) 38 Cal. 2d 257; 239 P. 2d 871]
Rule 1-710: A member who is serving as a temporary judge, referee, or court-appointed arbitrator, and is subject under the Code of Judicial Ethics to Canon 6D, shall comply with the terms of that canon.
Canon 6(D): A temporary judge, a person serving as a referee pursuant to Code of Civil Procedure Section 638 or 639, or a court-appointed arbitrator shall comply only with the following Code provisions:
Canon 1:[integrity and independence of the judiciary]
Canon 6(A): Anyone who is an officer of the state judicial system and who performs judicial functions ,including, but not limited to, a subordinate judicial officer, magistrate, court-appointed arbitrator, judge of the State Bar Court, temporary Judge, and special master, is a judge within the meaning of this Code.
Canon 6(D)(3) A temporary judge shall, from the time of notice and acceptance of appointment until termination of the appointment, disqualify himself or herself in any proceeding as follows:
(vii) for any reason:
(A) the temporary judge believes his or her recusal would further the interests of justice;
(B) the temporary judge believes there is a substantial doubt as to his or her capacity to be impartial; or
(C) a person aware of the facts might reasonably entertain a doubt that the temporary judge would be able to be impartial. Bias or prejudice toward an attorney in the proceeding may be grounds for disqualification.
Canon 3(B)(4)[patient, dignified, and courteous treatment]
(6)[require lawyers to refrain from manifestations of any form of bias or prejudice]
Canon 3(c)(2): A judge shall require "staff and personnel" under the judge's direction and control to observe appropriate standards of conduct and to refrain from manifesting bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status in the performance of their official duties.
Canon 3(c)(5): A judge shall perform administrative duties without bias or prejudice. A judge shall not, in the performance of administrative duties, engage in speech, gestures, or other conduct that would reasonably be perceived as 1) bias or prejudice, including but not limited to bias or prejudice based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status, or 2) sexual harassment.
Canon 3(D)(2): Whenever a judge has personal knowledge that a lawyer has violated any provisions of the Rules of Professional Conduct, the judge shall take appropriate action.
Custody of the two children, Jazz and Maya, were given back to the mother on February 7, 2008, one of many malfeasant opinions and suggestions by Minors Council, Amy L. Nieman and concurred by Comm. Cowan After months of stability and continuity in the full custody of their father[see 12/06/08 signed non court-ordered letter from mother granting father custody]. That custody had actually started in the summer of 2007, after the mother's boyfriend was accused by my daughter of touching her inappropriately(genitals). The El Segundo Police Dept. and Child Protective Services(reports made by both and filed with the court) were immediately notified by me. In the 2/7/08 proceedings, Ms. Nieman stated that "the love Mr. Duval has for his children is derived out of the hate he harbors for his ex-wife." She interviewed both parties, and was well aware that my now ex-wife had left the marriage in the middle of a move, children in tow, while we were traveling in a 22 foot RV that was purchased by both of us. Ms. Nieman made it clear that just because I lived in the RV(I had nowhere else to go) was cause for her decision. I wish I could provide the reporter's transcript. Therein it lies.
"The issue in a case such as this is not the condition of the home but in the fitness of the parents to supervise the care, custody, and control of the child[children] and what is in the best interest of the child[children].[Prouty v. Pruty(1940) 16 Cal 2d 190,195; 105 P. 2d 295 Civil Code Sections 84, 138 subd.1
It seems that Comm. Cowan and Minors Council, Amy L. Nieman, have been "narrowly" guided in scope by Civil Code Section 138 subdivision 2 which requires that "other things being equal" if the child[children] is of tender years, custody of the child should be given to the mother.
The 2/27/08 decision was judicially erroneous and severely bias. This decision was so blatant an abuse of discretion that I, the father and my two children have suffered substantial emotional injury. If absent this reprehensible judicial error, the three of us would have obtained a more favorable result.
On March 24th, 2008, completely aware of our joint legal custody status, plaintiff/respondent/mother in complete defiance of two signed court orders(a Conciliation Agreement and a Divorce Judgment) and without my consent, pulled the children out of school, hid out for two days without allowing any contact. She re-enrolled one of the children, my son, Jazz, back in school in El Segundo. Also without my consent, the younger child, Maya, 4 yrs., never even completed her very first year of preschool. Both children having had near perfect attendance, had completed 3/4 of their respective school years in the Santa Monica Malibu Unified School District.
"Averment in contempt affidavit that custodial parent[mother] "removed the children from the state[school that they were enrolled in] without my knowledge or consent and with the intent of preventing the exercise of my visitation and communication rights with the minor children is allegation of fact... not mere conclusion." [Rosin v. Sup. Ct.(1960) 181 Cal. App. 2d 486, 490 5 Cal. Rptr. 421]
Had the children been allowed to stay at their schools, undisturbed, the consistency and stability provided by their father over the last eight months would have achieved a continuity so stressed by any program for any child of tender years, and was stringently so in both court-appointed programs(P.A.C.T. and Parenting without Conflict), attended by both parents.
However this malfeasant decision was based on the three officers of the court's determined intention of depriving myself, the children's biological father, of the pleasure and of the company and necessary parental association with my two children.
As if the destructive and punitive nature of all these decisions weren't enough, it was seen fit to place a six month restraining order on me from the beginning of June through December(2008). There has never been any threat of violence by myself towards the ex-wife or my children. The mother of the children said through her attorney that she feared Mr. Duval might buy a gun. The only place the exchange of the children had been taking place over the previous year was the El Segundo Police Station. Take a gun to the Police Station to exchange the children? Would not that be suicide by cop? This restraining order kept me completely away from every aspect of my children's educational process, not even being able to so much as contact the schools in which they are enrolled. I would miss my son's first grade graduation in June of 2008, his 2nd grade graduation in 2009, and my daughter's graduation from pre-school. I still to this day do not know where my two children reside with their mother and the boyfriend.
In deciding a matter so vital to the welfare and emotional stability of children it is imperative that the trial court, in order to make as wise decision as possible, should have as complete a picture of the whole background as possible, all of which would aid the court, if remaining true to set rules, in determining the probabilities of either parent meeting the basic needs for a balanced existence for the children. It may be that if some of the factors are missing or conveniently overlooked, the the trial court may not arrive at the best decision.
"To be entrusted with the rearing of children a mother[parent] should be possessed of such character and conduct that by the force of his/her example he/she can train them in the paths of morality, righteousness, and rectitude."[Currin v. Currin 125 Cal. App. 2d 644; 271 P. 2d 61] [in accord with Kelly v. Kelly 173 Cal. App. 2d 469, 474; 343 P. 2d 391]
Contemporary psychology confirms what wise families have perhaps always known- that the essence of parenting is not to be found in the harried rounds of daily carpooling endemic to modern suburban life, or even in the doggedly dutiful acts of togetherness committed every weekend by well-meaning fathers and mothers across America. Rather its essence lies in the ethical, emotional, and intellectual guidance the parent gives to the child throughout his/her formative years, and often beyond. The source of this guidance is the adult's own experience of life; its motive power is parental love and concern for the child's well-being; and its teachings deal with such fundamental matters as the child's feelings about his/herself, relationships with others, system of values, standards of conduct, and goals and priorities in life. My capacity to parent was in no way related to a handicap- a 22 ft. RV. In such matters, a handicap may well be an asset.... few can pass through the crucible of a handicap without learning enduring lessons in patience and tolerance.
All of this has occurred on Amy L. Neiman's watch: a court appointed attorney on behalf of two children. My children ARE HER CLIENTS:
**Custody change, and disrupting a 50/50/visitation
**The disrupting of a school year with only ten weeks to go in arguably the finest public school district available is reprehensible, abominable. These are all documented and filed accounts.
**Putting the children back with the mother with this history of neglect:
* fighting to keep the children out of counseling - and placing contempt charges against the father just for taking the children to free counseling offered by their school. Four months of court expenses and NO counseling at all for at risk children, only to comply at the drop of the contempt charges.
* hiring (with the boyfriend) a 23 year-old babysitter over the period of MONTHS with a criminal record as this: arrested with heroin pipe possession, driving without a license, and arrest warrants in excess of $40,000. How do you leave a five and three year old in these hands for one minute?
* a boyfriend accused, by name, by the three year old daughter, of inappropriate fondling and uncontrollable urination to go with the accusation.
* a five year old boy who had been unable to control his bowels for at least over a two year period, hiding his dirty underwear from the adults in the household.
* a three year old girl that screams "who do you think you are the fuck police" while chasing her five year old brother in play.
"A mere recitation of the facts shows grounds for the trial court to find that the character and demeanor of the plaintiff [plaintiff/respondent/mother Tammy L. Williams] would be adverse to a proper raising of children under these circumstances." [Santens v. Santens 180 Cal. App. 2d 809,819 4 Cal. Rptr. 635]
These malfeasant decisions that harmed myself and my two children are reviewable. I pray that the State Bar will find in their review the malpractice, abuse of discretion, and prejudicial errors committed by court appointed Minors Counsel, Amy L. Nieman. I pray that she be held accountable for her actions. The very integrity of our courts, and inarguably the defenseless children of tender years depend on this check and balance.
LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY FOR POORER AMERICANS THAT CAN BE FOUND WITH ANY SEARCH ENGINE.
Posted by: DOUGLAS FIELD | Nov 1, 2009 11:16:25 AM
U.S. SUPREME COURT ONLY NEEDS 2 LOOK BACK OVER HISTORY 2 UNDERSTAND THAT WRONGFUL EXECUTIONS ARE NOT IN GOD'S PLANS FOR ........
TROY DAVIS & MUMIA ABU-JAMAL PLEASE REMEMBER ~ JESUS CHRIST HIMSELF ALSO HAD 2 DEAL WITH ~
OUR U.S.CONGRESS HAS DOCUMENTED OUR UNJUST AMERICAN JUDICIAL SYSTEM AND WE STILL HAVE CERTAIN AMERICANS EVEN TODAY WANTING TO RUN THE RISK OF EXECUTING EVEN POSSIBLE INNOCENT CITIZENS RIGHT IN FRONT OF THE REST OF US IN THE NAME OF THEIR SO CALLED JUSTICE.
**TROY DAVIS & MUMIA ABU ~JAMAL ~ ARE HAVING PRAYERS FOR JUSTICE SAID FOR THEM WORLD~WIDE ..WE CAN ALL ONLY HOPE AND PRAY THAT EVERYONE IN OUR U.S.CONGRESS THAT KNOWS AND UNDERSTANDS HOW UNJUST OUR U.S JUDICIAL SYSTEM CAN BE WITH OUR POORER AMERICANS,BECOMES ACTIVE IN MAKING SURE THAT TROY DAVIS OF GEORGIA AND MUMIA ABU~JAMAL OF PENNSYLVANIA RECEIVE FAIR AND JUST TRIALS BEFORE ANY POSSIBLE WRONGFUL EXECUTIONS TAKE PLACE.
------------------------------------------------------------------------------------------------------------- THE NATIONAL CRIMINAL JUSTICE COMMISSION ACT OF 2009
The National Criminal Justice Commission Act of 2009 that I introduced in the Senate on March 26, 2009 will create a blue-ribbon commission to look at every aspect of our criminal justice system with an eye toward reshaping the process from top to bottom.
I believe that it is time to bring together the best minds in America to confer, report, and make concrete recommendations about how we can reform the process. This legislation has already garnered wide bipartisan support in Congress and from interest groups representing a range of backgrounds and political viewpoints.
Why We Urgently Need this Legislation: With 5% of the world's population, our country now houses 25% of the world's reported prisoners. Incarcerated drug offenders have soared 1200% since 1980. Four times as many mentally ill people are in prisons than in mental health hospitals. Approximately 1 million gang members reside in the U.S., many of them foreign-based; and Mexican cartels operate in 230+ communities across the country.
Post-incarceration re-entry programs are haphazard and often nonexistent, undermining public safety and making it extremely difficult for ex-offenders to become full, contributing members of society. America's criminal justice system has deteriorated to the point that it is a national disgrace. Its irregularities and inequities cut against the notion that we are a society founded on fundamental fairness. Our failure to address this problem has caused the nation's prisons to burst their seams with massive overcrowding, even as our neighborhoods have become more dangerous.
We are wasting billions of dollars and diminishing millions of lives. We need to fix the system. Doing so will require a major nationwide recalculation of who goes to prison and for how long and of how we address the long-term consequences of incarceration. MATERIALS & RESOURCES Read the legislation, S. 714 Fact sheet on the legislation Senator Webb's floor speech introducing the legislation PARADE Magazine cover story, "What's Wrong with our Prisons?" Senator Jim Webb,
Sunday March 29, 2009 The scope of the problem: relevant charts and graphs List of Support for the National Criminal Justice Commission Act Of 2009 Opening Statement of Sen. Webb at Judiciary Subcommittee Hearing on National Criminal Justice Commission Act, June 11, 2009 Watch Senator Webb's Floor Speech Introducing the Legislation, March 26, 2009 Senator Webb's article on the Huffington Post, "Why We Must Reform Our Criminal Justice System" MATERIALS FROM PAST HEARINGS, SYMPOSIUMS Joint Economic Committee Hearing, conducted by Senator Webb, "Mass Incarceration in the United States: At What Cost?" October 2007 Joint Economic Committee Hearing, conducted by Senator Webb, "Illegal Drugs: Economic Impact, Societal Costs, and Policy Responses,"
June 2008 George Mason University Symposium, hosted by Senator Webb and the GMU Administration of Justice Department, "Drugs in America: Trafficking, Policy and Sentencing," October 2008 Senator Webb's Keynote Address to the Brookings Institution's Policy Roundtable on the Challenges to Prisoner Re-entry, December 2008 NEWS ARTICLES & COMMENTARY Virginian Pilot editorial: "Time to reconsider U.S. justice system," April 6, 2009 Fredericksburg Free-Lance Star: "Behind-bars review," April 5, 2009 The Washington Post Writers Group: "Webb Leads the Charge for Much-Needed Drug, Prison Reform," April 5, 2009 Economist: "A Nation of Jailbirds," April 2, 2009 Daily Press: "Go After the Real Problem," March 31, 2009 New York Times: "Reviewing Criminal Justice," March 30, 2009 Lynchburg News & Advance: "Webb Takes on Politics' Third Rail: Prison Reform," March 29, 2009 Salon.com: "Jim Webb's courage v. the "pragmatism" excuse for politicians," March 28, 2009 The Virginian Pilot Editorial:
"Time to Rethink Goals of Prison," January 5, 2009 Roanoke Times Editorial: "The Criminal Justice System Needs Help," January 5, 2009 Las Vegas Sun Editorial: "Voice for Broken Prisons," January 3, 2009 U.S. News & World Report: "James Webb Shows Leadership Regarding Prison Reform," January 2, 2009 New York Times Editorial: "Sen. Webb's Call for Prison Reform," January 1, 2009 Washington Post: "Webb Sets His Sights On Prison Reform," December 29, 2008 Daily Press: "Alternative to Jail for Addicts Gains New Supporter," December 28, 2008 The Virginian Pilot: "Senator Elevates Debate on Failed Drug, Prison Policies," October 18, 2008 The Roanoke Times Editorial: "A Sensible Call for Sentencing Reform," October 13, 2008 Washington Post Op-Ed: "Two Separate Societies: One in Prison, One Not," April 15, 2008
LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEEER LOBBY THAT SINGS OUT FOR OUR MIDDLE~CLASS AND WORKING POOR AMERICANS. WE CAN BE FOUND WITH ANY SEARCH ENGINE BY OUR NAME OR TELELEPHONE NUMBER. (424-247-2013) firstname.lastname@example.org
~ WE ENJOY BRINGING THE GOOD LIFE TO ALL OF America's little people ON THE WEB.
***MANY MORE IN OUR U.S.CONGRESS ARE NOW HEARING THE TRUTH !!!
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Posted by: LAWYERS FOR POOR AMERICANS | Feb 22, 2010 10:49:25 PM
PRESIDENT OBAMA ~ MAYBE OUR U.S. JUDICIAL SYSTEM SHOULD JUST TELL ALL THOSE little people and their little American families IN LOUISIANA TO JUST EAT CAKE ???
POSSIBLE WRONGFUL EXECUTIONS BEING INFLICTED ON ONLY POOR AMERICANS NATION~WIDE (TROY DAVIS OF GEORGIA, MUMIA ABU~JAMAL OF PENNSYLVANIA),FALSE IMPRISONMENT FOR AN ESTIMATED 100,000 INNOCENT POOR AMERICANS WHO OBVIOUSLY WERE NEVER AFFORDED A PROPER LEGAL OR INVESTIGATIVE DEFENSE AND NOW THE HORROR OF OUR JUSTICES TO DENY NEW TRIALS IN LOUISIANA. WITHOUT EVEN LOOKING AT THEIR APPEALS ???
WILL THIS DEMOCRATIC US CONGRESS INVESTIGATE AND CHANGE THESE JUDICIAL INJUSTICES BEING INFLICTED ON OUR POORER AMERICAN’S ???
THIS IS ONLY THE TIP OF THE ICEBERG OF OUR UNDERFUNDED JUDICIAL SYSTEM THAT NEEDS…C*H*A*N*G*E…….
WHEN THIS HORROR IS PROVEN TO BE A TRUE EVENT AFFECTING THE POSSIBLE ENSLAVEMENT OF 2,500 POORER AMERICAN’S, THEN ALL OF AMERICA WILL BE AWARE THAT THIS SAME EXACT TREATMENT OF OUR POORER CITIZENS NEEDS A FORMAL US CONGRESSIONAL AND JUSTICE DEPARTMENT INVESTIGATION NATIONWIDE !!!
Posted on October 31, 2008 by Gideon
I’m a little late on writing about this story (via several sources), but it sure is a doozy.
You know how it’s common knowlege that most appeals aren’t successful? Well, if you were a pro-se petitioner in Louisiana for the last 13 years, you knew that you wouldn’t win. Why is that? Because the Chief Judge of their Court of Appeals directed his clerk to summarily deny all appeals from pro-se petitioners without circulating the appeal to other judges.
The clerk, ridden with guilt, committed suicide earlier this year and left a note confessing everything.
This immoral and apparently illegal policy was in place until Jerrold Peterson, the staffer charged with implementing it, blew his brains out in May of last year. Peterson was driven to it in part, his suicide note suggested, by guilt over the nefarious tasks the judges made him perform.
In his note Peterson explained how the court gave indigent appellants the bum’s rush.
Although every criminal writ application is supposed to be reviewed by three judges, he was deputed to winnow out any that had been filed pro se and arrange for their automatic rejection.
Thus were an estimated 2,500 appeals deep-sixed without any judicial consideration whatsoever.
Now, facing public embarassment and possible ethical violations, the Louisiana Supreme Court has stepped in and asked…get this…the same appellate court to look at the appeals again. Note that they did not ask the Court to conduct an investigation into this practice, but simply to consider those appeals that were so summarily denied.
Because, if we placate the defendants with another cursory look at their appeals, we can sweep the ethical violations under the carpet.
At first this whole thing seemed rather odd to me. After all, how is this even possible? Here’s how:
Edward Dufresne, Chief Judge of the Fifth Circuit, took charge of pro se appeals in 1994. He then had Peterson prepare rulings denying writs for all of them and signed off “without so much as a glance,” according to the suicide note. “No judge ever saw the writ application before the ruling was prepared by me,” Peterson wrote in a second suicide note to the Judiciary Commission.
The rulings also bore the names, though not the signatures, of judges Marion Edwards and Wally Rothschild. Neither Edwards nor Rothschild had any clue as to what was in the applications, or even knew that they had been filed, according to Peterson.
So you’ve got one complicit judge and maybe three. But there are 5 more on that court. What of them? Are we to really believe that these 5 (or 7) other judges never once questioned the stark absence of pro-se appeals? Particularly in Louisiana, whose system has the following characteristics:
About 90 percent of criminal defendants in Louisiana are indigent.
Louisiana only provides post-conviction legal aid in death penalty cases. Everyone else must either hire a lawyer, find a lawyer to handle their case pro bono, or handle the appeal themselves. Obviously, most have no choice but to opt for the latter.
One criminal defense lawyer in Louisiana told me that if you’re convicted of murder in Louisiana and you’re innocent, you’re actually better off getting the death penalty. At least then you’ll get a team of lawyers, investigators, and experts to help with your appeal.
This from a state whose criminal justice system was already crumbling. It’s hard to believe that people such as Judge Dufresne take an oath to uphold the law and to prove equal protection under it. Disbarment may be enough, but only barely.
Justice delayed is no justice at all.
THE SMOKING GUN LINK TO AMERICA’S JUDICIAL INJUSTICES BEING INFLICTED ON POORER AMERICAN’S !
LAWYERS FOR POOR AMERICANS IS A WWW LOBBY THAT SINGS OUT FOR MIDDLE CLASS AND WORKING POOR AMERICANS.WE CAN BE FOUND WITH ANY SEARCH ENGINE UNDER OUR NAME OR TELEPHONE NUMBER.(424-247-2013)
~WE ENJOY BRINGING THE GOOD LIFE TO ALL the little people of America ON THE WEB BECAUSE MOST POORER AMERICANS ARE LIVING THIRD WORLD LIFE~STYLES WITHOUT PROPER HEALTHCARE OR LEGAL CARE FOR THEMSELVES AND THEIR FAMILIES !
WE ARE ALL VERY WELL AWARE THAT OUR U.S.WEALTHY ELITE BILLIONAIRES WHO CONTROL OUR U.S.CONGRESS THROUGH THEIR BIG $$ LOBBYISTS HAVE DECIDED THAT THE WORLD'S POOR SOMEHOW ARE MORE IMPORTANT TO ASSIST THEN THEIR OWN FELLOW AMERICANS.
THIS NEW WORLD ORDER MENTALITY BY OUR AMERICAN BILLIONAIRE CABAL NEEDS CHANGE ...
estrecho / madiaq
estrecho / madiaq
San Francisco Bay Area
Santa Cruz, CA
Process & IMC Docs
Posted by: LAWYERS FOR POOR AMERICANS | Mar 4, 2010 4:44:03 PM