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June 7, 2009

Judge Kent's letter discussing judicial activism, isolation and substance abuse

While others are very busy trying to figure out what the heck judicial activism means in light of Judge Sotomayor's record, I thought it remarkable what Judge Samuel Kent said on this topic and othersin this letter he sent last week to the task force discussing whether he will be impeached for his crimes (background here and here and here).  Specifically, consider these snippets of Judge Kent's letter:

I remain proud of other aspects of my 18-year record of servive on the federal bench.  From 1990 through 2008, I closed almost 13,000 cases.  I always took an active role in seeking to fairly level the playing field for many, many families who sought justice against large corporations and business interests....

I hope that in the future, the federal judiciary may take steps to proactively promote and safeguard the emotional and mental health of its members.  This is particularly important since federal judges naturally become alienated from many friends and colleagues upon undertaking service to the judiciary.  Some of us faced with this isolation and altered identity bear the weight of our obligations and responsibilities in self-destructive ways.  I am sure I am not the only federal judge who has faced severe emotional and mental problems as well as substance abuse.

Though this letter obviously represents an effort by a sex offender to suggest excuses for his crimes and to place his criminal behavior in the context of his judicial career, the final sentences of both these paragraphs strike me as remarkable.  The first seems to take pride in judicial activism (and empathy?) on behalf of "many, many families" when up against "large corporations and business interests."  The second seems to suggest that some (many?) federal judges are deciding cases while beset with "severe emotional and mental problems" and while engaged in "substance abuse."

I would love to see these issues — in particular whether many federal judges are beset with "severe emotional and mental problems" and engaged with "substance abuse" — discussed in the upcoming hearings for Judge Sotomayor.  She has served for nearly two decades on the federal bench, and I wonder if she shares shares Judge Kent's view that the federal judiciary needs to be taking steps "to proactively promote and safeguard the emotional and mental health of its members." 

Related posts on the Kent case and related proceedings:

June 7, 2009 at 12:31 PM | Permalink

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Comments

The most striking thing about the letter is how blase' it is in making Judge Kent out to be the victim.

Poor guy.

People run over their grandmothers to get appointed to the federal bench, but to him it's a vast burden.

That someone who enjoyed his power could make himself out as the unfortunate, set-upon soul shows just how far the culture of victimization has gone.

Unless the formerly taken-for-granted (and correct) idea that people are responsible for their own behavior makes a big comeback, we can expect more of this stomach-churning self pity.

Posted by: Bill Otis | Jun 7, 2009 2:05:30 PM

Interesting. This is a guy who was well known for bias and bullying, not empathy for the little guy. Once again, as with his secretaries, sounds like Judge Kent is "allowing himself to maintain unrealistic views" of how he is perceived by the public. This guy's ride is over. The government can support him in prison for a couple years & then he should be on his own.

Posted by: Jeff | Jun 7, 2009 2:11:04 PM

"and to place his criminal behavior in the context of his judicial career."

With all respect Doug, his criminal behavior did in fact take place within the context of a judicial career. So I don't understand why you have a problem with this aspect of his letter. I don't see how he could fail to place his actions within the context of his judicial career and still be accurate or honest.

Posted by: Daniel | Jun 7, 2009 2:45:44 PM

As a disbarred lawyer who spent 8 years in Federal prison myself, I feel for this guy. Any good psychologist will tell you what the kind of grief he went thru (and probably is still going thru) concerning the slow death of his first wife, mary Ann, from brain cancer, and the alcoholism it led him into can, in fact, lead to the kind of conduct for which he stands convicted. It is not as though he is making these things up. U.S.S.G. sec.5K2.13 recognizes "diminished capacity". Even if he is sent to a B.O.P. camp, this man will have a hard time for his 33 months (minus 1 year, if he completes the 500 hour drug program). Upon release he will be penniless (as are most Federal inmates). He may or may not ever be able to get his law license back in Texas. The best he may hope for upon release is employment as a paralegal by some lawyer or firm. His social standing and personal reputation are forever sullied. For a man of his (former) stature, this could lead to deep depression and suicide. I think what he has suggested makes sense, a kind of "Employee Assistance Program" for Federal Judges, who by the very natures of their jobs are isolated from the bar and many of their former lawyer friends. I find his letter sincere, if self-serving.

Posted by: Jim Gormley | Jun 7, 2009 4:21:33 PM

Kent's sex crimes are small potatoes. Compared them to judicial activism, which is insurrection against Article I Section 1. It deserves arrest, an hour's fair trial, where the sole evidence is the decision, and summary execution in the courthouse basement.

Posted by: Supremacy Claus | Jun 7, 2009 9:03:53 PM

Nor is this in any way partisan. I consider Scalia's charge against the Sentencing Guidelines make him a bigger judicial activist than Earl Warren. He has loosed more vicious predators than Brennan. He is the biggest criminal lover in the Court's history.

Posted by: Supremacy Claus | Jun 7, 2009 9:49:11 PM

Jim suggested "a kind of 'Employee Assistance Program' for Federal Judges."

But all employees of the federal judiciary already have access to an EAP. Don't know whether Kent took advantage of this or not.

I have a hard time feeling sympathy for someone who built his judicial reputation by publishing opinions excoriating the lawyers who practiced before him. It's not like they had any ability to respond in kind. I am sorry for the suffering he experienced during his first wife's struggle with her illness and her death; but I haven't seen any stories published about Judge Kent showing mercy to any defendant with personal struggles. It seems like he's getting the benefit of a much more lenient measure than what he used to mete out "justice."

Posted by: Texas Lawyer | Jun 8, 2009 11:20:03 AM

Texas Lawyer -- Life is full of travail, including the sickness and death of loved ones. What Judge Kent fails to establish is how his anxiety about his wife's illness caused him to become an oaf.

It is scarcely unheard of for misfortune to cause a person to become MORE empathetic to his fellow creatures, not less. The fact that Kent employs his current version of the suffering he says (without verification) he felt to excuse his oafish behavior is further evidence that the problem with his me-first outlook on life originated well before his wife's illness.

Posted by: Bill Otis | Jun 8, 2009 11:58:11 AM

And today we learn the Supremacy Claus is actually just Justice Scalia in disguise.

"What above all else is eroding public confidence in the Nation’s judicial system is the perception that litigation is just a game, that the party with the most resourceful lawyer can play it to win, that our seemingly interminable legal proceedings are wonderfully self-perpetuating but incapable of delivering real-world justice."

From Scalia's dissent in Caperton v. Massey.

Posted by: Daniel | Jun 8, 2009 2:19:37 PM

Daniel: Usually I enjoy being bashed on the internet immensely. However, being called Scalia, that hurts.

Posted by: Supremacy Claus | Jun 8, 2009 8:24:42 PM

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 !
lawyersforpooramericans@yahoo.com (424-247-2013)

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
lawyersforpooramericans@yahoo.com 424-247-2013
------------------------------------------------------------------------------

DouglasField


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 1:23:51 AM

How do you know that the "Gay" Commissioner is gay? I've seen him before, he does not appear gay to me. Please explain your rational for labeling him gay.

Posted by: Curious | Jun 18, 2009 8:41:54 PM

I DO NOT BELIEVE THIS GAY COMMISSIONER WILL EVER CLAIM HE IS A STRAIGHT FAMILY MAN.NO,HE IS MUCH BRIGHTER THAN THAT.THE REAL POINT OF THIS ARTICLE HOWEVER IS NOT TO ONLY POINT OUT TO THE REST OF THE COUNTRY ABOUT THIS ONE GAY SANTA MONICA COMMISIONER,BUT RATHER TO GET US ALL THINKING ABOUT HOW GAY JUDGES AND COMMISSIONERS VIEW PAEDOPHILES,FAMILY VALUES,CHILDREN... DIFFERENTLY THAN A STRAIGHT FAMILY COURT JUDGE OR COMMISSIONER WOULD .

ARE STRAIGHT AND FUTURE GAY FAMILIES NOT ENTITLED TO HAVE FAMILY COURT JUDGES AND COMMISSIONERS THAT KNOW FIRST~HAND ABOUT BOTH VARIOUS LIFE~STYLES ?

YOU DO NOT THINK FOR ONE MINUTE THAT GAY SAME SEX MARRIAGE COUPLES THAT WILL BE IN OUR FUTURE
FAMILY COURTS WILL NOT BE MORE INTERESTED ALSO IN HAVING A GAY JUDGE OR COMMISSIONER DECIDING THEIR LEGAL CASES ??

MR.DAMON DUVAL AND HIS TWO BEAUTIFUL CHILDREN OF THE CITY OF SANTA MONICA WERE ALL NEGATIVELY AFFECTED BY REVERSE DISCRIMINATION IN THIS GAY COMMISIONERS BIASED DECISION MAKING !!!

IF A SURVEY WERE TAKEN OF THE AVERAGE AMERICAN FAMILY (GAY OR STRAIGHT)ABOUT THIS GAY OR STRAIGHT JUDGE & COMMISSIONER FAMILY COURT SITUATION,IT IS OBVIOUS TO MOST THAT A VAST MAJORITY OF AMERICANS WANT OTHERS DECIDING THEIR
FAMILY ISSUES WITH THE SAME TYPE OF THINKING PROCESS ABOUT GAY OR STRAIGHT FAMILY MATTERS.

THIS IS A VERY REAL CONCERN TO US AT LAWYERS FOR POOR AMERICANS BECAUSE SO MANY AMERICANS DO NOT
EVEN HAVE THE RESOURCES TO AFFORD PROPER LEGAL REPRESENTATION IN ALL OUR AMERICAN COURTS.

OUR WWW VOLUNTEER GROUP ATTEMPTS TO LOBBY OUR IVORY TOWER LEADERS OF THE FREE WORLD FOR THE RIGHT OF EVERY AMERICAN TO HAVE PROPER LEGAL
REPRESENTATION IN OUR CIVIL,CRIMINAL,AND FAMILY COURTS OF LAW.

MR.DAMON DUVAL WENT INTO THIS FAMILY COURT IN SANTA MONICA CA.THINKING HONESTY AND HIS PROVEN LOVE FOR HIS TWO KIDS WOULD BE VIEWED BY THIS GAY COMMISSIONER JUSTLY WHEN DECISIONS ABOUT CUSTODY AND VISITATION WERE GOING TO BE MADE.
MR.DUVAL HAS BEEN DENIED ANY VISITATION WITH HIS CHILDREN,CAN NOT SPEAK WITH THEIR SCHOOL TEACHERS OR DOCTORS ETC... PAST AND PRESNT CRIMINALS EVEN ARE ALLOWED SUPERVISED VISITATION WITH THEIR CHILDREN ???

DAMON DUVAL DID NOT HAVE A LAWYER TO PROTECT HIS RIGHTS TO CONTINUE BEING THE LOVING FATHER OF THESE TWO BEAUTIFUL CHILDREN (MAYA & JAZZ),AND MAY GOD FORGIVE US ALL IF WE CONTINUE TO ALLOW THIS TRAGIC SITUATION FROM CONTINUING TO ALIENATE ANY PARENT (STRAIGHT OF OTHERWISE) TO BE TAKEN AWAY FROM THEIR LOVING PARENT DUE TO A LACK OF PROPER LEGAL REPRESENTATION NOT BEING AFFORDED ALL AMERICANS IN OUR U.S.FAMILY COURTS ACROSS THIS VERY RICH NATION!

IF OUR IVORY TOWER LEADERS OF THE FREE WORLD U.S CONGRESS WAS ABLE TO SECURE 50 BILLION $$$ FOR THE INTERNATIONAL FIGHT AGAINST AIDS TO BE SENT OUT OF OUR COUNTRY OVER THE NEXT 5 YRS, REST ASSURED THERE IS PLENTY MONEY STILL AVAILABLE FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS TO ALSO BE AFFORDED PROPER LEGAL REPRESENTATION IN OUR AMERICAN COURTS OF LAW !!!!!!!!!!!!1


Posted by: DOUGLAS FIELD | Jun 24, 2009 4:53:38 PM

I DO NOT BELIEVE THIS GAY COMMISSIONER WILL EVER CLAIM HE IS A STRAIGHT FAMILY MAN.NO,HE IS MUCH BRIGHTER THAN THAT.THE REAL POINT OF THIS ARTICLE HOWEVER IS NOT TO ONLY POINT OUT TO THE REST OF THE COUNTRY ABOUT THIS ONE GAY SANTA MONICA COMMISIONER,BUT RATHER TO GET US ALL THINKING ABOUT HOW GAY JUDGES AND COMMISSIONERS VIEW PAEDOPHILES,FAMILY VALUES,CHILDREN... DIFFERENTLY THAN A STRAIGHT FAMILY COURT JUDGE OR COMMISSIONER WOULD .

ARE STRAIGHT AND FUTURE GAY FAMILIES NOT ENTITLED TO HAVE FAMILY COURT JUDGES AND COMMISSIONERS THAT KNOW FIRST~HAND ABOUT BOTH VARIOUS LIFE~STYLES ?

YOU DO NOT THINK FOR ONE MINUTE THAT GAY SAME SEX MARRIAGE COUPLES THAT WILL BE IN OUR FUTURE FAMILY COURTS WILL NOT BE MORE INTERESTED ALSO IN HAVING A GAY JUDGE OR COMMISSIONER DECIDING THEIR LEGAL CASES ??

MR.DAMON DUVAL AND HIS TWO BEAUTIFUL CHILDREN OF THE CITY OF SANTA MONICA WERE ALL NEGATIVELY AFFECTED BY REVERSE DISCRIMINATION IN THIS GAY COMMISIONERS BIASED DECISION MAKING !!!

IF A SURVEY WERE TAKEN OF THE AVERAGE AMERICAN FAMILY (GAY OR STRAIGHT)ABOUT THIS GAY OR STRAIGHT JUDGE & COMMISSIONER FAMILY COURT SITUATION,IT IS OBVIOUS TO MOST THAT A VAST MAJORITY OF AMERICANS WANT OTHERS DECIDING THEIR FAMILY ISSUES WITH THE SAME TYPE OF THINKING PROCESS ABOUT GAY OR STRAIGHT FAMILY MATTERS.

THIS IS A VERY REAL CONCERN TO US AT LAWYERS FOR POOR AMERICANS BECAUSE SO MANY AMERICANS DO NOT
EVEN HAVE THE RESOURCES TO AFFORD PROPER LEGAL REPRESENTATION IN ALL OUR AMERICAN COURTS.

OUR WWW VOLUNTEER GROUP ATTEMPTS TO LOBBY OUR IVORY TOWER LEADERS OF THE FREE WORLD FOR THE RIGHT OF EVERY AMERICAN TO HAVE PROPER LEGAL REPRESENTATION IN OUR CIVIL,CRIMINAL,AND FAMILY COURTS OF LAW.

MR.DAMON DUVAL WENT INTO THIS FAMILY COURT IN SANTA MONICA CA.THINKING HONESTY AND HIS PROVEN LOVE FOR HIS TWO KIDS WOULD BE VIEWED BY THIS GAY COMMISSIONER JUSTLY WHEN DECISIONS ABOUT CUSTODY AND VISITATION WERE GOING TO BE MADE.

**MR.DUVAL HAS BEEN DENIED ANY VISITATION WITH HIS CHILDREN,CAN NOT SPEAK WITH THEIR SCHOOL TEACHERS OR DOCTORS ETC... PAST AND PRESNT CRIMINALS EVEN ARE ALLOWED SUPERVISED VISITATION WITH THEIR CHILDREN ???

DAMON DUVAL DID NOT HAVE A LAWYER TO PROTECT HIS RIGHTS TO CONTINUE BEING THE LOVING FATHER OF THESE TWO BEAUTIFUL CHILDREN (MAYA & JAZZ),AND MAY GOD FORGIVE US ALL IF WE CONTINUE TO ALLOW THIS TRAGIC SITUATION FROM CONTINUING TO ALIENATE ANY PARENT (STRAIGHT OF OTHERWISE) TO BE TAKEN AWAY FROM THEIR LOVING CHILDREN DUE TO A LACK OF PROPER LEGAL REPRESENTATION NOT BEING AFFORDED ALL AMERICANS IN OUR U.S.FAMILY COURTS ACROSS THIS VERY RICH NATION!

IF OUR IVORY TOWER LEADERS OF THE FREE WORLD U.S CONGRESS WAS ABLE TO SECURE 50 BILLION $$$ FOR THE INTERNATIONAL FIGHT AGAINST AIDS TO BE SENT OUT OF OUR COUNTRY OVER THE NEXT 5 YRS, REST ASSURED THERE IS PLENTY MONEY STILL AVAILABLE FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS TO ALSO BE AFFORDED PROPER LEGAL REPRESENTATION IN OUR AMERICAN COURTS OF LAW !!!!!!!!!!!!1

Posted by: LAWYERS FOR POOR AMERICANS | Jun 24, 2009 10:08:37 PM

DOES PRESIDENT OBAMA OR OUR U.S. SUPREME COURT DO WINDOWS ???

~ AMERICANS CONTINUE TO DEMAND FAIR TRIALS IN IRAN & NORTH KOREA,BUT NOT HERE IN OUR GLASS HOUSE ~

OUR AMERICAN JUDICIAL SYSTEM IS CURRENTLY ONLY OBLIGATED ( U.S.SUPREME COURT 1963 GIDEON RULING ) TO PROVIDE OUR POORER AMERICANS WITH A INITIAL CRIMINAL LAWYER AT THEIR TRIALS. MANY TIMES IN AMERICAN STATE TRIALS THERE IS REALLY VERY LITTLE INVESTIGATION BEING OFFERED TO DEFEND OUR POORER AMERICANS AGAINST EVEN UNFOUNDED CRIMINAL CHARGES ? IF AMERICA IS ONLY NOW FINDING OUT ABOUT (17YRS AFTER THE FACT) SEVEN OF NINE WITNESSES LYING IN THE TROY DAVIS LEGAL CASE,ARE WE NOW SUPPOSE TO THINK THAT TROY DAVIS HAD A PROPER LEGAL Defense AT HIS CRIMINAL TRIAL IN GEORGIA ???

CARING AMERICANS KNOW REAL JUSTICE AND SADLY OUR POORER AMERICANS ARE CONTINUING TO HAVE CRIMES AGAINST HUMANITY INFLICTED ON THEM IN OUR U.S.JUDICIAL SYSTEM.WE CONTINUE EXECUTING INNOCENT AMERICAN CITIZENS ACROSS OUR COUNTRY BECAUSE OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE NEVER EVEN CARED ABOUT SPENDING THE NEEDED $$$ TO CORRECT THIS LACK OF PROPER LEGAL REPRESENTATION FOR OUR MIDDLE CLASS AND WORKING POOR AMERICANS. FALSE IMPRISONMENT FOR TWENTY YEARS OR MORE ,WRONGFUL EXECUTIONS,RAPES AND MURDERS IN OUR AMERICAN PRISONS ARE HAPPENING EVERY DAY IN AMERICA AND JUST MAYBE
THE TIME HAS COME WITH OUR SPECIAL AND UNIQUE PRESIDENT AND U.S.ATTORNEY GENERAL RUNNING OUR COUNTRY TO OFFER OUR POORER CITIZENS THE NEEDED C*H*A*N*G*E….. TO HELP MAKE OUR NEW AMERICA AND HER UNJUST JUDICIAL SYSTEM A MUCH MORE JUST SOCIETY FOR ALL AMERICANS TO RESPECT AND CHERISH !!!!!!!!!!!!!!!!!!!!!!!!!!!!

AMNESTY INTERNATIONAL,AND THE NAACP ARE JUST TWO INTERNATIONAL AND NATIONAL HIGHLY RESPECTED ORGANIZATIONS THAT HAVE BROUGHT THESE TWO SEPERATE AMERICAN HUMAN LIFE INJUSTICES TO THE WORLDS ATTENTION,BUT MAKE NO MISTAKE IN THINKING THAT TROY DAVIS AND MUMIA ABU - JAMAL ARE ALONE IN NOT EVEN BEING ABLE TO RECEIVE NEW AND FAIR TRIALS IN THE WEALTHIEST COUNTRY IN THE WORLD !

** GEORGIA HAS HAD AT LEAST FIVE OTHER PREVIOUS LEGAL CASES OF INNOCENT BEING RELEASED ON THEIR DEATH ROW BEFORE THEY WERE FALSELY EXECUTED **
DOES THAT MEAN THAT TROY DAVIS IS ALSO INNOCENT OF THE CRIME OF MURDER?
NO,BUT MOST ALL AMERICANS WANT TO KNOW FOR SURE THAT WHEN SOMEONE IS EXECUTED IN ANY AMERICAN STATE, THAT THEY ARE TRULY THE GUILTY PARTY WHO DID THE CRIME,NOT JUST THE TIME ?

I DO NOT SEE WHY ANYONE WOULD OBJECT TO HAVING NEW TRIALS FOR ANY OF OUR DEATH ROW INMATES IN AMERICA WHERE TREMENDOUS DOUBT ABOUT THEIR INITIAL GUILT IS IN PLAY ? WHY WOULD ANY FAMILY MEMBER OF ANY MURDERED RELATIVE WANT OUR JUDICIAL SYSTEM TO RUSH TO SO CALLED JUSTICE AND BE IN REALITY CONTRIBUTING TO HAVING ANOTHER POSSIBLE INNOCENT PERSON MURDERED IN THE NAME OF THEIR FORMER LOVED ONE ?

LAWYERS FOR POOR AMERICANS IS A WWW LOBBY THAT HAS WRITTEN MANY OTHER ARTICLES THAT CAN BE FOUND WITH ANY SEARCH ENGINE BY ENTERINGOUR NAME OR PHONE NUMBER. lawyersforpooreramericans@yahoo.com
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Posted by: LAWYERS FOR POOR AMERICANS | Jun 30, 2009 9:38:40 PM

GEORGIA & PENNSYLVANIA CRIMES AGAINST HUMANITY ~ U.S. EXAMPLE FOR THE REST OF THE CIVILIZED WORLD ??


~AMERICA~S WEALTHY ELITE HAVEN TURNED THEIR BACKS ON OUR POORER AMERICANS~


MILLIONS OF AMERICANS ALSO NEED HELP FROM THE INTERNATIONAL WORLD IN OFFERING THEIR SUPPORT FOR THIS FUTURE PROPOSED PRISONER EXCHANGE BETWEEN PRESIDENT ALAN GARCIA OF PERU AND PRESIDENT OBAMA OF THE UNITED STATES.

**PLEASE REMEMBER THE 3 YR. INTERNATIONAL BOYCOTT OF GEORGIA AND PENNSYLVANIA TOURISM & TRADE IS CURRENTLY EVERY~ONES WAY TO SAY THAT FAIR TRIALS BEFORE EXECUTION IN GEORGIA AND PENNSYLVANIA ARE THE ONLY INTERNATIONAL HUMAN STANDARDS WE ACCEPT !!
-------------------------------------------------

** THIS IS THE LETTER WRITTEN TO PRESIDENT ALAN GARCIA OF PERU ***


~ DEAR PRESIDENT ALAN GARCIA ~

LAWYERS FOR POOR AMERICANS ASKS ALL OF PERU TO PLEASE THINK SERIOUSLY ABOUT EXCHANGING U.S. JOURNALIST LORI BERENSON HELD IN A PRISON IN PERU SINCE 1995 FOR OUR TWO BLACK AMERICAN PRISONERS ON DEATH ROW IN GEORGIA AND PENNSYLVANIA ???

EVERYONE IN PERU MIGHT REMEMBER THAT LAST MONTH IRAN AND PRESIDENT MAHMOUD AHMADDINEJAD MADE SURE THAT U.S. JOURNALIST ROXANA SABERI WAS FAIRLY TRIED AND LATER RELEASED TO RETURN HOME TO AMERICA ?

LAWYERS FOR POOR AMERICANS AT THAT TIME HAD ALSO REQUESTED OF IRAN AND THEIR PRESIDENT MAHMOUD AHMADINEJAD TO SERIOUSLY CONSIDER THIS SAME PRISONER EXCHANGE OF THE AMERICAN U.S. JOURNALIST ROXANA SABERI FOR U.S.PRISON INMATES TROY DAVIS OF GEORGIA & MUMIA ABU ~ JAMAL OF PENNSYLVANIA.

MILLIONS OF AMERICANS HAVE BEEN ATTEMPTING TO SECURE NEW AND FAIR TRIALS FOR THESE TWO
( POSSIBLE INNOCENT) BLACK AMERICANS ON DEATH ROW HERE IN AMERICA AND NOW HAVE TO AGAIN TURN TO OTHERS OUTSIDE OF AMERICA FOR THEIR POSSIBLE HELP !!!

AMERICA HAS NEVER REALLY OFFERED OUR POORER CITIZENS LIKE TROY DAVIS AND MUMIA ABU ~ JAMAL FAIR OPPORTUNITIES TO HAVE PROPER LEGAL REPRESENTATION IN OUR U.S. COURTS SO IT HAS BECOME VERY OBVIOUS TO MILLIONS OF AMERICANS AND OTHERS WORLDWIDE THAT INNOCENT PEOPLE ARE CONTINUING TO BE FALSELY EXECUTED RIGHT HERE IN THE WEALTHIEST COUNTRY IN THE WORLD !!!

WE ASK ALL OF THE FAIR AND LOVING PEOPLE IN AND OUT OF GOVERNMENT IN PERU MR. PRESIDENT GARCIA TO PLEASE SERIOUSLY CONSIDER THIS PRISONER EXCHANGE OF YOUR PRISON INMATE AMERICAN LORI BERENSON FOR OUR POSSIBLY INNOCENT TWO BLACK AMERICAN PRISON INMATES WHO WILL OTHERWISE SURELY BE EXECUTED WITHOUT BEING AFFORDED NEW AND FAIR TRIALS !!!

LAWYERS FOR POOR AMERICANS IS A WWW VOLUNTEER LOBBY GROUP THAT SING OUT AT OUR IVORY TOWER U.S CONGRESSIONAL LEADERS OF THE FREE WORLD FOR MIDDLE CLASS AND WORKING POOR AMERICANS TO BE AFFORDED THEIR RIGHT TO HAVE PROPER LEGAL REPRESENTATION IN OUR U.S. CIVIL,CRIMINAL AND FAMILY COURTS OF LAW ALL ACROSS AMERICA .

LAWYERS FOR POOR AMERICANS CAN BE ENTERED INTO AND WWW SEARCH ENGINE BY OUR NAME OR PHONE NUMBER TO FIND OTHER WRITTEN ARTICLES.

lawyersforpooreramericans@yahoo.com
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Posted by: LAWYERS FOR POOR AMERICANS | Jun 30, 2009 9:41:43 PM

I know this Duval person that has brought this trouble to the judicial system, Re: having trouble with custody. After 1,900,000 coors lights, 5,000,000 cigarettes and 40 pounds of cocain. I can see what drugs do to ones mind. The Children are afraid of him and his actions have put this person in the situation he is faced with. If there is anything to learn from this; a lifetime TRO is justified. This person had everything going for him, nice pretty wife, family support, beautiful children, and to top it off, A huge external support system that anybody would give there life to have. But this one person has to screw up everything he touches. As well as chase away every single person he comes in contact with. Im sure when his own siblings and associates testify. A padded room with a view will be his next and last stop in his ever destructive life. Thank god those children now have a safe and secure life in a happy secure home with a family. Instead of a broken motorhome and a vehical with a huge christmas reef on the front end and never cleaned inside for 12 years.

Posted by: Shadow | Jul 28, 2009 1:31:27 AM

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.

(424-247-2013)

Posted by: DOUGLAS FIELD | Nov 1, 2009 10:59:33 AM

I know this Duval person that has brought this trouble to the judicial system, Re: having trouble with custody. After 1,900,000 coors lights, 5,000,000 cigarettes and 40 pounds of cocain. I can see what drugs do to ones mind. The Children are afraid of him and his actions have put this person in the situation he is faced with. If there is anything to learn from this; a lifetime TRO is justified. This person had everything going for him, nice pretty wife, family support, beautiful children, and to top it off, A huge external support system that anybody would give there life to have. But this one person has to screw up everything he touches. As well as chase away every single person he comes in contact with. Im sure when his own siblings and associates testify. A padded room with a view will be his next and last stop in his ever destructive life. Thank god those children now have a safe and secure life in a happy secure home with a family. Instead of a broken motorhome and a vehical with a huge christmas reef on the front end and never cleaned inside for 12 years

Posted by: Truth | Nov 30, 2009 1:30:25 AM

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