ME - Please, Give Us, "Access to Justice"!

This week the Maine Bar is hosting their annual meeting. This year the Bar is promoting the idea of Access To Justice (A2J). Their idea of what Access To Justice is different than what we would consider a consumers Access To Justice. Presented here is our letter to the Maine Bar regarding this very sensitive issue of Justice and how consumers are able to access this service:

This week the Maine Bar is hosting their annual meeting. This year the Bar is promoting the idea of Access To Justice (A2J). Their idea of what Access To Justice is different than what we would consider a consumers Access To Justice. Presented here is our letter to the Maine Bar regarding this very sensitive issue of Justice and how consumers are able to access this service:

Stephen D Nelson, Esq.

President

Maine Bar Association

Dear Mr Nelson:

Many members of the public are pleased to learn that the Maine Bar Association has chosen as this year's convention theme, "Access to Justice".  We hope that this uplifting theme inspires your membership to address the growing "Access To Justice" problem of self-representation in Maine courts.  In family courts, the statistic that 75% are 'pro se' means that the 'pro se' litigants outnumber lawyers by a wide margin, and family courts ought to be renamed, 'pro se' courts. The "new normal" in these courts is 'pro se'. Though 'pro se' litigants are the majority in family courts, one would never know it from the power dynamics as attempts to preserve the old ways prevail. And 'pro se' litigants receive 2nd class services (or worse).

I present the following extracts from actual cases for illustrative purposes. They are intended as examples that illustrate the human aspect of "Access To Justice". With a 75% statistic, there are literally hundreds of additional "access to justice" human problems. It needs action from the bar, unless the bar is to limit its legal practice in family courts to those with access to "money". No money, no service - except for limited 'pro bono' charity, which, though worthwhile, doesn't seem to reduce the 75% numbers.

Herewith samples that put a human dimension on the 'pro se'  problems:

1.)  Access to Justice: for many 'pro se' this means inaccessibility of access to 'pro bono"? A case example: one of many.

On several occasions, I sought out legal services that were pro bono, or 'a la carte,' or, in one instance, an hour consult to prepare for a 'pro se' two hour trial in which both myself and my former husband were to be 'pro se', I was told by attorney after attorney that neither pro bono, nor  "a la carte" was an option (not even a FREE one hour consultation).

One highly regarded law office was so bold as to point blank state, Attorney ******* will not meet with you because it would not be "cost effective for her". Cost effective?

2.)  Does "Access To Justice" have to mean bankrupting  clients?

"Once a post-judgement plaintiff and / or defendant has spent every last bit of savings - including all retirement funds- and has liquidated all material assets (as in my case: a home that was once the primary home for our two minor children, all home furnishings, etc....), there will no longer be "access to justice"?

3.)  Does Judicial Role Distortion in 'pro se' cases mean "access to justice"?  Or does judicial improvisation signal the collapse of courts as we have known them?

"In our last trial - as both parties were  'pro se' - the judge did all the questioning. I was unable to cross examine. The defendant told untruths and because the judge did not know the truth from Adam, he had no idea when to challenge a response from the defendant. If I had an attorney, I would have been allowed to challenge the untruths.

A few times I objected and attempted to shed light on what was spoken as truths as being untrue BUT I was not given the benefit to explain the "objections" without presenting as "difficult". Being 'pro se' and without being able to counter defendants claims - there was no access to justice on that day in court. In our first trial - with an attorney present on both sides - "no hear-say was permitted in court."

4.)  Attorney intimidation limits access to justice even for clients who can pay for a lawyer.

'Sua sponte' disciplinary complaints to the Overseers, if an attorney provides too robust a defense, is another factor limiting a client's "Access To Justice". Even those family court defendants who can afford a lawyer may find that their lawyer is intimidated by threats of sanction if a defense is perceived as too robust. In a family court system that is 75% 'pro se', an over-scrupulous concern about how things get done, seems misplaced.  What indeed are the legal standards for a 'pro se' court? Are there any? Selective scrupulosity, using "old normal", standard tools in a "new normal" situation seriously limits "Access To Justice" for clients who can pay, and, looks like a variant of the approach used to control lawyers in Boston in the heyday of the Catholic Church scandals.

Our proposal to the Maine Bar:

We would propose that the Maine state bar seek a legislative mandate to take immediate legal representation responsibility for all 'pro se' litigants in all civil courts, such as the 75% 'pro se' litigants, and that the bar make an equal, fair division of all 'pro se' litigants, to be allocated amongst all licensed bar members, as a condition of receiving a license to practice law in Maine. It would solve the 'pro se'  problem pronto (and the human hardship therein), while research goes on. Alternatively, the bar might decide to turn family courts entirely over to the 75% 'pro se', and establish a separate court for the wealthy, full paying parties.  It is rapidly reaching that point of inflection anyway.

Yours for seeking solutions to 'pro se' "outside of the box"!

MeGAL has been working for Guardian ad litem and court reform. Access to Justice (A2J) is another part of the problem with our Courts where over 50% of the population who consume judicial services are doing so on their own. The Maine Bar Association is having their annual meeting and the theme for this year is Access to Justice. Or is it? If you have had issues with the courts, as a Pro se litigant, represented by a lawyer who fears the courts - we ask that you contact us with your story. We can be reached at NationalGALalert@gmail.com or find us on Facebook.

Further resources:

A2J Canada - Canadian Bar

Canadian Forum on Civil Justice

2013-08-13 Access to justice in Canada ‘abysmal’: CBA Report

2014-02-05 Access tojustice: Help coming for people headed to Canada’s civil and family courts

National Center for Access to Justice ( NCAJ )

Department of Justice - Access To Justice

Some questions to ask your Guardian ad litem

Our court system has us believe that the role of Guardian ad litem is at least in theory a person who is the eyes and ears of the court offering a neutral and unbiased view of the divorcing family. In practice the person who operates in this role is anything but. The Guardian ad litem’s personal values and agenda clouds the process and as a result this can be a source of conflict with you.

Ask yourself this:

How well do you know this person?

What happens if your values differ from that of this court appointed official?

Our Family Court system markets the belief that in the roll of Guardian ad litem we have a person who we are to believe is an expert in determining – where your child should live, the impact of divorce or domestic violence, visitation, custody, law, psychology and social work to name a few areas. This expertise comes from just a few hours of training with little or no focus. There is no test to determine whether or not this Guardian ad litem understands the material. There is no mentoring program after the Guardian ad litem completes training. To make matters worse - there is no oversight or management of this person in this role. Doctors, lawyers, judges, electricians, plumbers, nurses, oil burner technicians, chiropractors, social workers and dental hygienists have more training and oversight. In addition to the training and oversight we can ask people in these professions questions without the fear of being reprimanded for doing so.

You – as a consumer – need to inform yourself about the person who is being thrust into your life and making decisions which you have no control over. They should be asked before any Guardian ad litem has become a part of your life - chances are the Guardian ad litem is already wreaking havoc in your divorce/ custody. It is not too late.

These questions are being presented in no particular order or grouping. In most cases the answers will have meaning for you and should be used as a tool to help in understanding the Guardian ad litem. In asking any of these questions if the Guardian ad litem refuses to answer or gives a non-answer answer – that is a behavioral message and a clue as to the makeup of the person. The questions and answers should be entered in as evidence or asked in court of the Guardian ad litem. It becomes part of the record.

After going through this list if you can think of questions that may be appropriate to ask we would encourage you to share. A link will be provided to voice those questions. 

Presented here are some basic questions (depending on the answer there may be follow up questions): 

1     Do you have experience as a law enforcement officer in conducting investigations?

2.       What is your actual field of professional expertise?

3.       What makes you an expert in determining what is good for other people’s children?

4.       What makes you an expert in determining how other people should conduct their lives?

5.       What is your child hood family background?

6.       What is your own family history as an adult?

7.       What is your own marital history as an adult?

8.       What is your own relationship history as an adult?

9.       Why do you want to be appointed to this case?

10.   What do you see your role in this case to be?

11.   How do you separate your underlying professional behaviors from your role as Guardian ad litem functions?

12.   As a Guardian ad litem going through training were you ever tested on what you learned?

       a.       YES – What was the score you received?

       b.      NO – How do we know that you understand the material taught/ discussed?

13.   As a Guardian ad litem you are tasked as being neutral and unbiased in conducting your investigation and in making recommendations.

       a.       How do you maintain neutrality during your investigation?

       b.      How do you keep your personal bias and agenda out of the cases?

       c.       Does the judge provide supervision and oversight when you are appointed to a case?

14.   As a child did you ever experience issues involving the absence of one or both parents?

        a.       YES – What was that experience like for you?

        b.      NO – How can you understand what the issues are?

15.   Do you have experience with research in dealing with child custody?

       a.       YES - What specific research can you sight?

       b.      NO – If not then please explain how you are able to conduct an investigation?

16.   Please describe what was/ is the relationship you had/ have with your Mother?

17.   Please describe what was/ is the relationship you had/ have with your Father?

18.   Are there any ongoing issues with either?

19.   Did you grow up in a divorced home?

20.   Do you have siblings?

21.   Do you have Grandparents?

22.   As a child did you have contact with your extended family?

23.   Do you come from a religious home?

       a.       YES – What is your religion currently?

24.   Did/ do you come from a particular ethnic background?

25.   We grow up with a belief system. It is a part of what defines us as a person.

       a.       Has your belief system ever interfered with an investigation?

       b.      Did/ will your belief system interfere with this case?

       c.       NO – How do we know?

26.   Do you apply your own values in making recommendations to the court?

       a.       YES – Can you describe what some of your personal values (political, social as example).

              i.   If my values are different than yours how will that affect your perception of me as a             parent?

       b.      YES – As a neutral observer – why are your values better than either parent?

       c.       NO – How can we be sure?

       d.      NO – As a neutral observer – are you saying that your investigation is neutral with regards to the values you have?

              i.   If so then what test do you use to verify this?

              ii.  How can we be sure your values will not influence how you view this divorce/ custody?

27.   In making your recommendations to this court please explain how you arrived at the following:

       a.       The visitation schedule?

       b.      Custody?

28.   Have you ever been married?

       a.       YES – How many times?

       b.      NO – How are you able to understand the dynamics of married life?

29.   Have you ever been divorced?

       a.       YES – How many times?

       b.      YES – Did you ever go through litigation?

              i.   YES – Did you have issues with child support?

              ii.  YES – Did you have issues with the custody agreement(s)?

       c.       NO – What experience do you draw upon in order to understand what a divorcing family goes through?

30.   Do you ever refer cases you are involved in to Child Protective services?

       a.       YES – What are your criteria for such a referral?

       b.      YES – Is the claim of child abuse always a criminal claim?

       c.       YES – Should criminal allegations be removed from Family Court to an investigation by the Attorney General’s Office?

31.   Which Judges do you frequently work with?

32.   Which lawyers do you work with on cases?

33.   How many of your cases have been appealed to a higher court?

34.   Have you ever been sanctioned:

       a.       By a Judge?

       b.      By a Higher Court?

       c.       The result of a complaint?

35.   How many cases have you been involved with as a Guardian ad litem?
36.   How do your clients respond to the work you do as a Guardian ad litem?  

While these questions should be asked before the Guardian ad litem has been assigned by the judge - quite often it will not be until after you recognize there is a problem with the way this person operates. It is never to late to start asking. Make the questions and answers for the record. If you have any questions which you think may be appropriate we ask that you follow this [LINK] to submit. We will maintain a running list of questions.

National GAL Alert is working for reform in our Family Court system. This includes the role of Guardian ad litem, Parent Coordinator, Special Master and court evaluators. If you have issues we ask that you contact us at NationalGALalert@gmail.com or find us on Facebook.

ME - An Open Letter to Judiciary Committee on Confirmation of the Hon Jeffrey Moskowitz

In an effort to have government transparent we are publishing the following letter to Sen David Burns. The letter deals with the confirmation deliberations that the Judicial Committee had over a weekend before a unanimous vote was given. It was emailed to all committee members the Senate President and the Bangor Daily News as well as the Portland Press Herald. We are presenting to you the letter:

May 23, 2015
Senator David Burns
Chair Judiciary Committee

Dear Dave,

I’m writing you as chair of the Judiciary Committee to ask that you help us understand the committee's "deliberations" on the reappointment of Judge Jeffrey Moskowitz. Like many people who followed the May 12 proceedings, I'm puzzled.

What we witnessed that day was the committee entering the hearing room, sitting, and immediately giving a round of 13 "yeses" – with no comment and no questions. It was a stunningly synchronized delivery, and many people are wondering how this degree of orchestration was achieved.

From some of the committee members, we've heard a variety of “explanations” that shed little light on what actually transpired to arrive at a unanimous decision, and Sen. David Dutremble related some of these in his speech from the Senate floor on May 15. The Bangor Daily News and Portland Press Herald both have published several stories on the Moskowitz reappointment, but there clearly is more to this than was reported.

We'd like to understand why you chose not to include the public in your committee's deliberations on this "controversial judge."

I greatly would appreciate a reply. Thank you.

Sincerely,

Jerry Collins

NatGAL supports any effort to bring about Family Court and Guardian ad litem reform. Please contact us if you have had any issues in or with either at NationalGALalert@gmail.com or find us on Facebook.

Divorce Corp - Backdoor Deals and Cozy Relationships between GALs and Judges

Director Joe Sorge (DivorceCorp) interviews Maine psychiatrist and director of Maine Guardian Ad Litem Alert, Jerry Collins. They discuss the backdoor deals and cozy relationships between the guardian ad litems (GALs) and other family court professionals. Families are forced to pay outrageous fees and often get little for their money.

Learn how Guardians ad litem demand excessive fees and are essentially unregulated in their practice. It is another shocking example of the corrupt practices in US family courts.

DivorceCorp - Family Law Report: Jerry Collins Interview Part1


If you would like more information and become involved email us at MeGALalert@gmail.com or find us on Facebook.

Connecticut - I'm hoping that the four hours I spent in jail - may make a difference

Many thanks Jerry!  This has been a very important week here in this state in the area of family court reform.

In summary:

In 2009, I was forced under the threat of imprisonment to liquidate my sons' college funds to pay a corrupt GAL who did nothing to help my sons. $28,000 was paid to this GAL –  who did next to nothing.

In March of 2012, we had another incident where my ex-wife abused my sons, one of whom has autism - all of it captured on police station surveillance video. I approached the family court with this video and asking them to help me protect my sons - but I did not want my ex-wife to have no contact, because I didn't believe that was needed or that it would be beneficial to my sons.

A new GAL was assigned to my case, and she immediately demanded I seek full physical custody - which I explained to her would not help my sons, especially the one with autism, and was not needed. They needed to see their mother and I had no right to interfere with that relationship – I just wanted her to follow court orders and to be able to make decisions in their actual best interests. Upon hearing this, the GAL cut off all contact with me and ignored me, while continuing to completely ignore ongoing violations of court orders by the ex-wife and as she worked to cover up yet another incident of abuse of my sons.

This GAL billed $26,000 for spending less than three hours with my sons, which neither I nor my ex-wife could afford to pay. I already took out everything I could from my retirement to pay her and my attorneys. I found out recently that my ex-wife was forced to sign over the child support checks I gave her to this GAL - who has no children of her own and has never raised a child. She has never practiced family law. She is not even registered to do business in this state.

Last October, the court issued orders finding that I was right – that my ex abused my sons. And then without a required financial hearing, or any motion before the court asking it make changes, the judge doubled my child support, ordered I pay 2/3 of the GAL’s fees and $7,500 to my ex’s attorney.  In essence, financially rewarding my ex for abusing my sons.

In October, this GAL, without any prior compliant or notice, ran to court and demanded that the court order my ex and I to pay her everything we owed her, immediately. My ex worked out a sweetheart deal, because her attorney is also a GAL and a member of the AFCC. They garnished her wages at $50/week.

For me - the head of our state courts' "Family Commission" targeted me. The now FORMER GAL, who withdrew from our case, filed a Motion for Contempt, hired an attorney to threaten and harass me with jail if I didn’t pay, and issued a subpoena seeking all of my bank statements.

All of this was completely illegal, unconstitutional and without any basis in state law, regulation or the Practice Book. Because the now FORMER GAL, had no standing in my family case to file or do anything.

All of this fell on deaf ears as Judge Bozzuto worked to railroad me to jail as quickly as possible. All of our motions were ignored, the fact that we had two appeals that stayed everything, was ignored. Due process and the proper scheduling and hearing of motions, was ignored.

On November 21st, without me being present as I had to care for my sons, Judge Bozzuto walked into a hearing with orders already in hand. She came into the courtroom with hanging orders - she talked for SIX PAGES of the transcript without either counsel saying a word or having an opportunity to be heard. She made up “facts” and made comments about me that had no basis in any evidence before the court. She focused only on what I was bringing home and now the draconian costs the court imposed on me – which made it mathematically impossible to pay what was ordered and to care for my sons.

She issued a capias against me with a $9,600 purge, which no attorney who saw it could believe or ever saw before. I spent a night in a hotel room to avoid a marshal and being arrested and taken away in front of my sons and family.

After hiring a new attorney, we negotiated with the marshals to have me turn myself in this past Wednesday morning, and with a 60 Minutes camera crew filing the event. This so my sons would not be impacted, as on Wednesdays they go back to my mother.  Prior to this, we lived in constant fear that a marshal would knock on the door and take me away - leaving no one to be able to care for my sons, especially my son with autism.

On Wednesday morning, I was handcuffed and put in leg shackles. I was paraded into court in front of Judge Bozzuto, whose first words were her surprise and amazement that after two weeks I couldn't come up with the $9,600 purge amount.

My attorney fired back, and informed her that she had no legal standing or authority to have me incarcerated. As an expert in appeals, her forcefully cited state law and the Practice Book - illustrating that as we had two pending appeals, everything at the trial court level was automatically stayed, and what she did in allowing the contempt hearings to continue, was illegal.

After some very tense moments where she threatened the attorney, she said she wanted to review the case and continued it for the next day. She ordered me released - but there was even a moment where she left it unclear as to whether I was still incarcerated or not.

The next day, in front of news media, with 60 Minutes sitting in the courtroom, and many supportive parents and court watchers, she backed down. She agreed to wait until the Appeal's ruled on the appeals and "temporarily vacated" the capias against me.

THIS IS WHAT IS POTENTIALLY HUGE:

What is before the Appeal's Court, for the very first time, is the question of whether the GAL's fees are attorney's fees or "in the nature of child support." If they are attorney's fees, I win and the GAL will have no option other than to go across the street and pursue her fees in civil court - where this belongs. If this is ruled as support payments, then I lose, and the question becomes why aren't the GALs payments added as part of the child support guidelines worksheet?

We also filed a federal lawsuit against the judge, the GAL and her attorney - citing violations of my Constitutional rights and state and federal debt collection laws.

I'm hoping that the four hours I spent in jail - may make a difference.

Peter Szymonik

Glastonbury, CT
www.divorcecorp.com

The Court Documents relating to Peter Szymonik's case:

2013 -
2013-08-17 Invoice for Professional Services Rhonda Morra



2014 -
2014 Payment History of Rhonda Morra Guardian ad litem Bill
2014-10-17 Fax from Teller of Contempt
2014-11-14 Invoice for Professional Services Rhonda Morra
2014-11-21 Judge E Bozzuto Orders

National Guardian ad litem Alert (NatGALert) supports Peter in what he is trying to accomplish in Connecticut. Peter has been in the forefront of Family Court reform in that state. If you have been threatened by your Guardian ad litem we encourage you to contact us at NationalGALalert@gmail.com of find us on Facebook.

Phone 207-370-9801 (open 24/7)