April 17, 2015 § Leave a comment
i 1 VoteClick here to download full motion: Motion to declare Illinois battery statute unconstitutionalThis motion alleges that the Illinois battery and aggravated battery statutes are unconstitutional because (a) they are discriminatory and therefore violate the Americans with Disabilities Act, (b) they suffer from overbreadth thereby making innocent contact criminal, (c) they are vague and therefore subject to misuse and impossible to determine if an act is innocent or criminal, (d) they deny equal protection as there is no rationality as to how they are applied to protect the public interests concerned, and (e) they deny due process in violating the Proportionate Penalties Clause of our Illinois Constitution (they are cruel, degrading or so wholly disproportionate to the offense committed as to shock the moral sense of the community in alleging the same act and penalty for touching an officer’s ear [or even for touching an officer’s bullet proof vest with a piece of paper] as for beating an officer so bad he is in critical condition, stabbing a citizen numerous times with a knife, or making a bomb which explodes and harms a person). These statutes also violate the separation of powers clause in that they de facto give the judiciary the power to legislate, in that the judges, not the legislature decide what conduct is a crime and what sentence a person committing that conduct should receive, out of a vast array%2
September 17, 2013 § Leave a comment
Abuse of Discretion:
August 15, 2013
Vista Court – Oceanside
Court of Appeal confirms: Judge Pollack, still an idiot!Likely it was Judge Pollack’s demeanor towards Crystal Harris, along with this order regarding her attacker, “As soon as Shawn is released from prison, reunification between the children and Shawn shall occur before Shawn completes any domestic violence classes or participates in any individual therapy,” that got the attention of the judges at the Court of Appeal. Details below. It is impossible to over-state how misogynistic this judge is. Attorneys who allow a litigant before this judge are likely guilty of malpractice. Happy the Court of Appeal found Judge Pollack abused his discretion.
Abuse of Discretion:
August 8, 2013
Vista Court – Oceanside
Judge Jacqueline Stern – wipes out jury award because victim of police harassment (later fired) didn’t cry. (We are Not making this up.) In an 11-to-1 vote, jurors found that then-Oceanside police Officer Gil Garcia sexually harassed his coworker, Kimberli Hirst, after a four week trial. The jury awarded Hirst $1.5 million and found the city of Oceanside liable because theharassment happened on the job. (This was not the first time Oceanside was sued for harassing women police officers. It was the first non-confidential award.) Stern wrote: “Stern wrote the victim’s testimony about her harassment “appeared staged at times.”
Stern wrote, “(she) cried numerous times during her trial testimony, but admitted that when she eventually discussed the harassment four years ago (when it happened) she did not cry.” Thus, Judge Stern decided Hirst was “not credible.”
May 22, 2013: DATELINE: NOT SO MUCH!
The above is Judge Gregory Pollack, the judge DATELINE managed to avoid identifying throughout their entire broadcast of May 22, 2013. Details here.
“Abuse of discretion” is the favored legal tool used by judges to exercise their illegal bias. It continues because attorneys counsel clients to “wait” rather then file an appeal. However the above photo of San Diego Judge Gregory Pollack, inspired a new law after he awarded spousal support to a rapist ex husband.
As of July 26, 2012, Pollack was gamed, and had to recuse himself. On August 23rd. 2012, the legislators saw to it Crystal Harris prevailed. Eventually, Pollack was removed from family to civil court.
We don’t mean to pick on California. Lets visit Texas. Texas Judges features a boatload of multiple choices ranging from crazy, arrogant, crooked, or a all of the above. Clickhere. No waiting!
California Courts reference abuse of discretion often enough.
“An abuse of discretion when in light of all applicable law and considering all relevant circumstances, the court’s ruling exceeds the bounds of reason.”
(North American Capacity Ins. Co. vs. Claremont Liability Ins Co (2009) 177 Cal.App.4th, 272, 285
In Marriage of Carter (1971) 19 Cal.App.3rd. 479, 494; or
Shamblin v. Brattin (1988) 44 Cal 3rd 474, 478.Discretion is abused whenever the courts exceeds the bounds of reason, all of the circumstances before it being considered (Denham vs. Superior Court 1970 2. Cal.3d 557, 556)
Think common sense. Don’t think Judge Gregory Pollack.
Recent: 12-4-11: Not one, butTwoAbuses of Discretion, at least according to the Riverside Court of Appeal.
12-3-11 San Diego: But first, where did Judge Gregory Pollack come from?Higgs Fletcher Mack. Thanks Arnold! Is Judge Gregory Pollack striking back at Crystal Harris? Breaking: 11-29-11: Will the San Diego Superior Court Judges continue to ignore the soon to be disbarred Patricia Gregory’s continued violations of Court Orders? Gregory’s website once again went live. Exactly as we predicted. In other news above, San Diego Judge Gregory Pollack….for which there is an interesting press release making the rounds, about “integrity.” Not mentioned in the press release? That Judge Pollack continues bussing in the convicted felon and told the crime victim, “Well you’re no mouse.” See below.
Bussing isn’t an abuse of discretion. However, Judge Pollack so dislikes Crystal Harris, he continues doing everything legally possible to make Crystal Harris’s life hard. That’s an abuse of discretion. Once example was the division of property. Judge Pollack ignored a real estate expert’s opinion, and questioned the expert on the stand as if he was acting on behalf of the felon. Why Crystal Harris’s attorney hasn’t filed to get him off the case remains a mystery. The man is ever bit as embroiled as gonzo judge Robert Longstreth typically is.
Abuse of discretion is the “discreet” legal method judges employ to, in some cases, exercise extreme bias, most recently in the convicted felon being bused in for family court hearings by Judge Gregory Pollack. Who also favors immediate reunification post prison in the case of Shawn Harris.
Abuse of discretion doesn’t include the common practice of ignoring evidence, which, although common, is far worse – as well as generally not appealed.
Abuse of discretion is generally described in Unpublished Opinions such as the case of the judge ignoring the attorney’s behavior in a probate matter,Dean vs. Dean. However, in 2011, California’s most obvious case of long term, ongoing judicial abuse of discretion was highlighted by the Appellate Court in Tharp vs. Tharp, in which the Appellate Court outlined long-term, systematic abuse of discretion of the lower court judge, and removed him.
In the Sacramento area, who doesn’t rememberJudge Peter “Chainsaw” McBrien?
Or most recently, Sacramento’sJudge Kevin McCormick whose conduct recently and inadvertently, exposed in gangland style the bias of the entire Family Court bench.
Clearly FamilyLawCourts.com owes Judge McCormick a debut of gratitude for appearing on behalf of his wife, to testify as an “Expert” in her post divorce motions, while noting he had to leave quickly, to return to the bench.
Earlier, McCormick had presided over the finances of Lori and John Moore during their divorce. As the Bee reported, “From the beginning, the Moores’ divorce case was beset with acrimony and procedural difficulties, which intensified after McCormick appeared on the scene in 2009”
As an aside, that the Sacramento Bee would cover this astounds us. Lead news editor Ken Chavez, is notorious for not identifying bad judges. Most recently in the “Murder is right” case involving Judge James Mize.
The Bee’s long sad history of protectingdeadly judges is likely to continue.
But readers should know this type of abuse is a regular occurrence in family court. Been going on for decades, and is common throughout the entire course of litigation.Abuse of discretion continues however, because attorneys allowit. Attorneys do not file appeals to challenge a judge. More often attorneys counsel their clients to “wait.” This is because their careers are working within the courts…whereas the client is only temporary. So attorneys are responsible for abuse of discretion.
The only way to address judicially facilitated economic and emotional abuse continually exhibited by some family court judges is to appeal. A second method to remove the chunks of “discretion” currently laced throughout their rulings in heavy-handed, or capricious manner, involves the legislator.
A largely, uninterested legislature. Until legislators decide to address the problems generated by judges, these out-of-whack, judges will continue to freely abuse family court litigants.
In the matter of Amy Papazian vs. Papazian, II, the Court of Appeal found Judge Susan Ertardi committed an abuse of discretion. The Court remedied the problem in part by remanding the case to another judge.
What’s up Riverside!
One divorce, (filed in 2007 but still no trial date) and the Court of Appeal doesn’t merely reverse, but dings twoRiverside Judges. Oh. And the attorney who bills at $500.00 an hour, also hit up his client for extras. And as so often happens, the party causing the delay continues to prevail.
Suther vs. Suther – E-051292
The COA found Judge Becky Dugan abused her discretion, while Judge Sherill Ellsworth merely acted improperly in striking a recusal motion. Well, there was one other thing. The COA said she failed to correctly interpret the law. Oops.
The crux of the matter was a request for Ellsworth to get off the case. Judge Becky Dugan followed up in tag-team style with a $35,000.00 sanctions award. But the conduct of both judges didn’t fly at the Court of Appeal.
Sometimes abuse is best described in what it is not. In the case below involving cell phone picture taking and recording in the courthouse lobby, the order of the court and behavior of court bailliffs was not an “Abuse of Discretion.” Both the judge, the “honorable”James R. Wagoner, and the bailiffs were clearly drunk on presumed power. Unfortunately, the Commission reported Wagoner’s behavior, “constituted at a minimum, improper behavior.” The Commission did not comment on the behavior of the bailiffs.
In reading the report, there may be no clearer example of how out-of-touch the Commission on Judicial Performance is, and remain.
How out of touch is the Commission on Judicial Performance?
So much that “abuse of discretion is not – repeat Not Listed in Discipline and Decisions, “Type of Misconduct Database” by the Judicial Commission.
Judge Pollack is annoyed Crystal Harris’s plight was picked up by media. See videohere. At the end, Crystal talks about GPS with Victim Notification. Which family court judges are ignoring, although it would save lives and the city, county, and state money.
Judge Pollack is making Family Court look even worse than normal, which iskind of hard to do. But not not be outdone – comes Jeanne Winklker, a Las Vegas attorney and former “Parenting Coach” doing business with Las Vegas Family Court judge, Steven Jones.
September 17, 2013 § Leave a comment
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The burden of calling for hearing any motion previously filed is on the party making the motion. If any such motion is not called for hearing within 90 days from the date it is filed, the court may enter an order overruling or denying the motion by reason of the delay.
[Adopted May 17, 1976, effective July 1, 1976.]
August 25, 2013 § Leave a comment
Baratree well if thye can do such things against their cannons they need to be turned back against them to answer the oath?
August 18, 2013 § 1 Comment
Comon practices like this is going on in crook county all the time as well as will county illinois ?Called the god complex!!!!
Judge Sent Text Messages during Trial to Help Prosecution
A Texas judge is under investigation, and possibly facing impeachment, for aiding a prosecutor with text messages during a trial.
In August 2012, District Judge Elizabeth Coker reportedly coached prosecutors from the bench during the criminal trial of David Reeves, accused of a felony charge of injury to a child. He was later acquitted.
Coker’s text was sent to Kaycee Jones, who was a prosecutor for the Polk County District Attorney’s Office at the time.
Jones, who was in court as an observer, wrote down Coker’s suggested line of questioning to the defendant and passed it on to Beverly Armstrong, the prosecutor.
The message from Coker to Jones read: “Judge says … baby pooped on (Reeves) — if he threw a dog off the bed because the dog peed on bed what would he do if baby pooped on him?”
In letters sent to the Office of the Chief Disciplinary Counsel for the State Bar of Texas, Jones admitted her part in the texting controversy.
“I deeply regret that I acted in this manner. It was wrong and I knew better. My boss, District Attorney Lee Hon, discussed this incident with me and we agreed that it should not have happened and that it would not happen again.”
Jones, who is now a judge herself, stated she can “now fully appreciate the importance of the impartiality of a judge in a trial and my responsibilities as an attorney not to engage in such conduct. I was wrong and nothing like this will ever happen again.”
Coker, meanwhile, is under investigation by the Texas Commission on Judicial Conduct. In addition, state Representative Harold Dutton has called for her immediate impeachment.
To Learn More:
State Leader Calling for 258th District Judge Coker’s Impeachment (by Vanesa Brashier, Eastex Advocate)
An Appearance of THE REAL ? IS WHOM IS THE EXUTOR OF THE SPECIAL NEEDS TRUST WHAT PUBLIC OFFICIAL OR STATE ACTOR GIVES FAIR PLAY TO THESE CHILDREN AND NOT TO THE APPEARANCE TO A BAR BROTHER OR STATE ACTOR?
August 16, 2013 § Leave a comment
County insurer paying $200,000 in foster children abuse case
The insurer for Lewis and Clark County will pay $200,000 to a foster child to settle part of a lawsuit that claimed a sheriff’s deputy failed to report abuse of two boys by their adoptive parents in Lincoln in 2006.
In a compromise approved by District Judge Mike Menahan on July 25, the Montana Association of Counties Joint Powers Insurance Authorities will fund an irrevocable special needs trust for the boy to cover attorney’s fees, medical and mental health care, educational expenses and necessary living expenses.
The Montana Department of Public Health and Human Services (the boy’s guardian) determined the settlement is in the boy’s best interests, according to court documents.
He was 17 at the time of the settlement and will live with foster parents until his graduation from high school, according to the compromise document.
The county and others named in the suit did not admit any wrongdoing in the settlement. Litigation continues involving the other boy.
According to a complaint filed in 2010 by lawyers for the boys, a woman reported to Deputy Gary Weisner abuse by their adoptive parents, Cindy and Frank Knowles. But Weisner did not properly report the complaints, according to the lawsuit.
Alleged abuse included slapping a boy several times in the face; lifting a boy off the ground, screaming at him and hitting his bare back; and hitting another boy with a belt, causing noticeable bruises. A school principal noticed a large bruise on one of the boys in 2008 and reported it to state authorities.
Cindy Knowles was sentenced in January 2009 to three years with the Montana Department of Corrections for felony assault on a minor and has completed a term in Montana Women’s Prison.
Frank Knowles was convicted of felony assault on a minor, but the Montana Supreme Court, citing prosecutorial vindictiveness, ordered a new trial. Knowles eventually pleaded guilty to misdemeanor partner or family member assault.
Cheryl Liedle, sheriff at the time, retired in 2008. Weisner retired as a full-time deputy in 2012 and remains a reserve deputy.
David Kim Wilson, a lawyer for the boys, declined comment, citing the ongoing litigation and confidentiality of the children. Maureen Lennon, an attorney with the Montana Association of Counties, also declined comment.
Reporter Sanjay Talwani: 447-4086, firstname.lastname@example.org or on Twitter @IR_SanjayT
The headline on this story has been corrected to accurately represent the news contained in the article.