Email to a friend:
Amazing day in court yesterday. Will share details later. Posted following today in Judge L. blogs.
“ In 2006, Judge Livingstone limited my ability to relocate to only 30 minute's from former spouse's home (already 20 minutes away) to not talk about schooling with child and other limits. His ruling cost me a fabulous job opportunity, proximity to family, support of a terrific community with top rated schools.
Yesterday, after going "pro se" (becoming your own lawyer) and working with 5 lawyers, the new Judge in this case finally restored our rights, awarded appropriate support, thus lifting the cloud of despair that has been so terribly costly for so long.
Time to celebrate? Not really. The emotional cost of these last many years will take time to heal. Nobody, no family apart, no children, ever, should have to endure the hardship and emotional insecurity inflicted by poor administration of our laws and system.
We have to do better. Why do you think it took 5 lawyers? 3 of them were not capable of grasping the depth of the impact, nor were they interested in looking into true application of the laws. One of those lawyers is now under investigation by the Board of Bar Overseers for mishandling IOLTA funds (client deposits) and ethical violations including lying to me and the opposing party. The 4th is a high powered Boston attorney who coached me at a very reasonable rate – but she couldn’t appear on my behalf as the Judge would question how I knew of, or afforded, that level of talent. The 5th is a saint. At one point I was afraid she too was going to try to dumb down the case – but my studies of the law and legal research reinforced my integrity with her. She managed to negotiate a good and right solution.
It’s attorney’s like #5 that we need more of. Those who will listen, understand and truly advocate for the family apart within the law. And Judge’s like Judge Menno, who will encourage same.
Judge Livingstone is no longer on the bench. He was too subject to drama, and had too many problems of his own to think clearly. I understand today his wife is seriously ill. I wish her all the best, but can’t help pondering the parallel irony in circumstance.”
Thursday, September 24, 2009
Sunday, May 25, 2008
What Next? Who's Family Comes First In Family Court?
In response to the many questions seeking answers to, “what next?”, JSO offers the following thoughts, observations and suggestions based on input from you. At the end, we also provide important information about the
Your attorney should be there. Scroll to bottom for details.
The Court Is A Family Too.
Recognize this, work with it, and you can strengthen your presentation towards achieving a positive outcome for your child(ren).
As you know, Judges are extremely reluctant to reflect negatively on their peer’s rulings or conduct. Just as a sibling is a public ally and doesn’t dis other siblings publicly though can disagree and fight terribly in private. The remaining 4 Plymouth County Justices naturally are working hard to uphold the dignity and integrity of the courts (their siblings and family).
In court, attorneys refer to each other as ‘brother’ and ‘sister’. Judges address the attorneys in a paternal tone moderating the sibling like feud. Your day in court is about a well planned family feud – not yours. You provide details and needs, but the attorneys are usually motivated by how they are going to “win” in the eyes of their parent (the Judge). You are billed and owe them money regardless of how the outcome impacts you. Thus, your day in court is often only just a little bit about you.
Which attorney will fight in the manner most likely to appeal to a particular Justice’s historical leanings is first and foremost in the attorney’s strategy. And sometimes they lie. Yes, some attorneys lie, parents lie too. The Board of Bar Overseers verbally confirms a certain amount of lying is tolerated. The Judge has to decide who to believe and how much to believe. Attorneys train for this. They have careers to protect, their own families to feed, in some cases perhaps, aspiring to the paternal role of Justice themselves. You and your family needs are just one more case, one more step. The attorney’s needs for peer respect and parental approval, will always, by human nature, come first.
Surprised? How can you get someone to truly advocate for you and your family?
Give the attorney something to work with that helps them shine. A commitment to providing for your children first with civility towards the other parent – regardless of how deep the hurt and anger - is a good place to start. Many attorneys tell you this up front, but it can be hard to hear when you’re feeling attacked, abandoned…
You and your family will be wise to consider that you are now before a court system (family) in the grieving and healing process. While you and your family seek help from a family of legal practitioners and court officials, you are entering into a world that is rebuilding itself. You will be wise to recognize their need for dignity and opportunity for healing and growth as you request, or demand of them justice for yourself and your children.
Translation – don’t dis the Judge that’s gone.
Consider offering your family needs up as an opportunity for your attorney and the court to shine and succeed. By keeping the needs, rights, and true best interest of your children at the forefront of every negotiation – everyone wins. Opposing attorneys have the opportunity to come together as supportive siblings – before their parent Judge who will have no greater honor than supporting agreements that truly provide for the children equitably, with consideration for variances in income, for the non financial contributions of each parent in raising the children, for preserving the children’s lifestyles to the extent possible (BOTH parent’s lifestyles may change).
Remember, you two adults are the two deciding your children are going through divorce. Your children were brought here by you and are entitled to the opportunity to grow up in healthy, supportive environments. You two adults best serve yourselves by serving your children and acting like adults. Provide for them first.
We can’t avoid the reality that for some, too many, revenge is a primary motivator.
If you are motivated by anger and vengeance, thus seek to punish the other parent – stick to fueling the fires of the current adversarial approach. You will most certainly succeed in beating each other up and the courts will have to try and sort through your negativity. Your children will sense the anger, bitterness, selfishness, all the while picking up on your negative role modeling. They will not likely be treated with the respect their needs and rights deserve in court or at one or the other parent’s homes and you will be in court year after year – spending and losing thousands and thousands of dollars and hours of research for how to better beat up the other spouse, never reaching closure, stuck in deepening anger for decades –this is the type of case our former Justice would get caught up in and ultimately foundered.
Your Life, Your Choice, Your Children.
You two parents have the most important roles in avoiding this nightmare. You have the choice, the responsibility, the opportunity to accept and move on from your hurt. You two can choose to focus on the beauty, wonder and opportunity of your children by providing the best you can for them. You can choose an attorney who truly advocates for the children – and may have to tell you to back off if you begin to slide into vengeance. One who will certainly confront the opposing attorney with backing off if they appear to be approaching vengeance.
The rewards of keeping focus on the best interest of the children can be generations long. And your personal life may well become better than ever dreamed and expected before.
Shhhh we’re blowing away long standing stereotypes about divorcés and single parenting by letting the secret out … life after divorce, while often hard, can be grand indeed! Getting rid of stresses - Very Liberating! Oh yes, your kids will notice too. Your pre-adolescent suddenly playing catch with you is fun again. School day secrets, dreams and challenges once again shared, oppressive constraining living environments eliminated. A smaller single parent house can be a much healthier, happier house – especially when the other parent is at least on the surface, respected and treated fairly. Whoa, that’s worth it!
We still lack a lot of details on how cases are being handled. The tone of Justices handling re-assigned cases etc. We know that court scheduling is tight. Dates are not flexible. Time will tell more.
Learn who your new Judge is, call the courthouse in
508-747-6911. Courthouse says a mailing will go out, but they weren’t sure when.
Ask your attorney – Is s/he attending the following IMPORTANT event?
Hosted by PLYMOUTH COUNTY BAR ASSOCIATION
PROBATE AND FAMILY COURT JUDGES’ ROUNDTABLE
Wednesday, June 25, 2008, 4:30 – 7:00 PM,
All 4 Justices are the panelists!!!!! Excellent opportunity to observe peers and hear differences from each Justice. Your attorney participation can be the key to your family’s success in court.
Seminar described as a MUST for finding out the latest in case law re: antenuptial agreements, grandparent visitation, attorney’s fees, new child support guidelines, guardianships and equity matters.
Fees: $40.00 for members, $50.00 at the door, $60.00 non members, $75.00 non-member with credit towards membership. Not open to the public. Send check to:
Attorney Susan Ryan
Education Committee Co-Chair
Saturday, April 19, 2008
Judge Livingstone is Done, The Real Work Just Begun
Now that you know Judge Livingstone resigned amidst much controversy, please also know the work of improving families experience in our family courts is just beginning.
JaneSmithOrg@aol.com is striving to take next steps in improving access to free information on:
We are still at step one – communicating with the public at large, creating awareness, receiving input and feedback.
http://www.959watd.com/newsaudio.php
Thanks to all of you who help keep this topic live. The attorneys and paralegals who give us valid, useful, helpful information to share, the parents who share their needs and try so hard to provide for their children’s health and well being making things as “right” as possible.
Special thanks to WindowpainClarity.wordpress.com for the never ending contributions, collaboration and support.
Most deeply sincere thanks to Mr. Raymond Hotte who had the courage to file complaints against a Judge, follow through, not cave in as the Judge retaliated. Mr. Hotte still made time for contributing his time and support to our fledgling little group.
If you'd like us to forward your personal thanks to Mr. Hotte, please send an email to JaneSmithOrg@aol.com
New Business
JaneSmithOrg is looking for funding via small contributions, larger sponsors and pro-bono services.
Specifically, we wish to fund creation of an information rich website. We have an ideal contact for the creative and hosting side, but need the funding as well as a seasoned volunteer to spearhead the project.
Another wish is to secure pro-bono assistance formalizing a 501 3C status, filing the paperwork, assisting us with the entire process.
Not done yet…
We also need every contribution we can get to establish a fund specifically slated to help parents secure transcribed tapes of their day in court.
If you would like to help please send an email to JaneSmithOrg@aol.com.
Please mail contributions to:
Jane Smith Org *
Until next time – keep up the good work and stay in touch.
THANK YOU!
Thursday, February 28, 2008
Extortionist Judge Murphy Sets Tone for Others
Unbelievably arrogant, delusional, sexist, criminal … judicial conduct on and off the Bench in
Had I not found the following letters, written 3 years ago on the MA.Gov website for the Commission on Judicial Conduct (CJC) I would have thought they were fake. Well, they are very, very real. The CJC filed charges and held a closed door hearing in January of this year – yet we can't find evidence of any discipline. It is widely held that the other injustices occurring daily in our courts will be ignored until this case is resolved. If Judge Murphy can do this, Judge Livingstone can continue to allow our children to be abused, he can continue to send innocent parents to jail, he can continue to support the wealthy parent while assuring the financial ruin of the other. It gets harder every day to have any faith in our judiciary.
This one case holds the entire
As a result of our postings, many people have come forward with stories, copies of formally filed complaints, names and contact information for the media. WATD in
--------------------------------------------------------------
Letter addressed to Patrick Purcell, Publisher, Boston Herald
Dear Pat,
I trust you continue (as do I) to honor the privacy of our personal Communications in the nature of what is generically referred to as “settlement discussions” in my business.
As you no doubt clearly recollect, ole Mike Ditka here warned against playing “the Team from
Well, you know, I don’t walk around telling that story. I just think it’s sad I had to prove it to you. Took a lot out of me.
So, here is the deal. I’m heading off to St. Maarten, and I’ll be back in Town, for business purposes, on Monday, March 7. I will be checking my e-mail [bigemunn@aol.com] while I’m down there.
I’d like to meet you at the Union Club on Monday, March 7. (No magic to the date.) (But it needs to be early that week.)
Here’s what will be the price of that meeting. You will have one person with you at the meeting. I suggest, but do not insist, that such a person be a highly honorable and sophisticated lawyer from your insurer.
Under NO circumstance should you invite Brown Rudnick in this meeting. Or notify that firm that such a meeting is to take place.
I will have my attorney(either Owen Todd or Howard Cooper) at the meeting. The meeting will be AB-SO-LUTE-LY confidential and “off the records” between four honorable men.
You will bring to that meeting a cashier’s check, payable to me, in the sum of $3,260,000. No check, no meeting.
And then, I shall explain to you why it is in your distinct business interest to rise from the table, shake my hand, and let me walk away with that check.
Ernie Murphy
2/19/05
P.S. If you conclude you have no interest in the meeting I propose, I ask that you throw the letter away and pretend it never was received. I am NOT copying this letter to anyone.
I consider it private settlement discussion between principals to a transaction, and I assure you it provides you with no tactial or strategic advantage in the case.
Else, Mr. Purcell, you probably recognize by now, it would never have been written.
It would be a mistake, Pat to show this letter to anyone other than the gentleman whose authorized signature will be affixed to the check in question.
In fact, a BIG mistake- Please do not make that mistake
---------------------------------------------
Letter #2
Read the article in the Globe today. Believe me, I take no joy from your troubles.
appeal.
Anyone who is counseling you to the contrary . . . is WRONG. Not a 5% . . . . Z E R O.
You are lucky, Mr. Purcell that that jury came back at 2 million. I was betting on 5.
Ernie
Sunday, January 27, 2008
Parent Group Seeks Help Expanding Civic Engagement Role
As Governor Patrick so eloquently stated in his January 24th State of the Commonwealth address …
“There is a whole generation watching and waiting -- some tonight perhaps -- to see whether we see our stake in their future – and act like it. And I say let them look to us – to you and to me – and let us affirm their hope for tomorrow in the actions we take today. “
Jane Smith Org strives to represent hope that the actions we are taking today will make a positive difference for tomorrow. Today, we seek funding support in expanding our already successful effort to bring awareness to Family Court injustices impact on each and every one of us. Our ultimate goal is to foster public support for positive change in our legal process, the way it is monitored, measured, reported to the public and acted upon.
Less than a month in operation, this small group has a promising track record – detailed below. We have heard from so many, have received the support of public figures, press and private citizens. We are confident the need for our services is so great, we have an obligation to formally organize a non-profit organization. To do this we need seed money, therefore we need your help.
We are hoping to raise between $2,000 - $5,000 in startup funding. These funds will be used to retain legal services necessary for processing articles of incorporation and other matters essential to the establishment of a non profit organization including domain name registrations and initial costs of establishing a virtual/home-based business. Our overhead will be low as we operate largely over the internet, from home or wherever we are on the road. Postage and office supplies will be our biggest out of pocket expense as we’d like to reimburse people for the cost of sending their data to us.
If you would like to contribute, please contact Janesmithorg@aol.com
Of course, we can significantly reduce the need for start up funding if an attorney will step forward to assist us pro-bono - any takers? Please?
Please bear in mind, donations at this stage may not be tax deductible. Check with your financial advisor; some say donations may become deductible if the group is approved as a non profit within a year… others say no way it’s deductible until we are formally recognized by the Commonwealth. So, please contribute, but only if you are comfortable with our emerging status.
To help you decide, here is what we are doing, why and what the results are to date:
WHAT
The goals are:
1. Prevent future loses to our communities and the next generations through public education and civic engagement addressing family court injustices, lifting the veil of silence shrouding a legal system in need of repair while fostering public support for implementing change.
2. Create public awareness about specific misconduct and injustice in our family courts and how these impact each and every one of us.
3. Increase public knowledge and understanding of how our system does and does not operate in the best interest of it’s citizens.
4. Suggest plans and ideas for improvements in our system with realistic, achievable, measurable, privately funded results.
Much of our initial effort revolves around one particular Justice who’s misconduct charges pending against him are just the tip of the iceberg. Families impacted by his TV like Judge Judy antics on the bench simply want to see him come to an awareness within himself to resign. To, at the very least see that he must change his ways. He is a ready example of what can go wrong in our courts and how our system protects his behavior by keeping the public ignorant of their rights, the legal process in general, the attorney’s role in how your day in court will be impacted, your ability to file complaints.
Long range we see an opportunity to prevent this type of injustice from recurring. We can do this by supporting our attorney’s in their efforts to truly seek compromise with the best interest of tomorrow’s generation in mind. We do this, in part by providing them new tools including a simple “bill of clients rights and expectations” available to every parent in divorce. We provide client’s and attorney’s too with the tools for filing complaints against attorney’s or Justices who engage in fraud, perjury, abandon their client’s mid process, or engage in any violation of the code of conduct.
Can you imagine a day when we have good attorney jokes? Imagine attorney’s truly working together towards fairness and equitable care of our children gaining greater respect in our communities and becoming the Justices of tomorrow. This is a reversal of the current system that pits attorney vs. attorney in a win/lose situation. By the time you get to court, the day has little to do with what makes sense for you, your family and especially the children. It too often becomes all about how the attorney is going to look in front of the Judge and in front of their peers and how strongly one advocates for financial success of one party over the financial ruin of the other with no true regard for the generation of tomorrow.
WHY
We strive to represent and demonstrate hope that the actions we are taking today will make a positive difference for tomorrow, by actually making an impact today.
RESULTS TO DATE
Public awareness campaign is working! In just 28 days we have heard from people in Plymouth, Norfolk and Bristol Counties, Florida, New Hampshire, and Australia. All with cases involving allegedly unjust decisions and/or barbaric TV court judicial behavior in the courtroom, or at the hand of Judge Michael J. Livingstone.
In 28 days we have:
1. Successfully initiated a public awareness effort via the internet. 8 People willing to share their court humiliation and the impact on their families publicly have come forward complete with docket and other verifiable information.
- Three of these cases have been interviewed on tape by a local reporter who is building a compelling story for release – we hope soon.
- Three of these cases have filed charges with the CJC. Two filed last October coincidentally received acknowledgement of their complaints shortly after we began blogging. The third complaintant filed in December and has been advised it will take at least 8 weeks to get to her complaint.
- One case is now aware that complaints can be filed up to a year after the fact and is in process of completing her filing.
- One case was unnecessarily sent to jail where he interviewed jail staff and court officers who had quite a bit to say about their experiences with Judge Livingstone. We look for credible verification of these facts, hoping that one or more of these folks will come forward publicly – without fearing loss of job or other repercussions.
- One case met with State Representative Frank Hynes to inform him of our group, and to provide her personal story to him.
2. Interviewed on tape Judge Livingstone’s business partner and former best friend of 25 years, Raymond Hotte. Mr. Hotte’s charges represent the first two charges of 6 pending CJC ruling. Mr. Hotte provided additional information sent to the CJC and shares a compelling, well documented story of cover up and manipulation of our system far beyond the current charges before the CJC.
3. Published 6 blog postings addressing:
- Family Court Injustice’s impact on community
- Misconduct charges pending CJC public hearing against Family Court Justice Michael J. Livingstone,
- Review and analysis of the first 2 chargespending against Judge Livingstone including his own admissions of some level of misconduct
4. Met with parents of families not going through divorce, hopefully never going through divorce, to discuss their concerns about the far reaching impact of decisions made in court on our communities as a whole.
5. Three of us met with a nationally known marketing guru who was kind enough to offer candid insight and suggestions for improving our visibility. Still working on some of the suggestions – including we need a more compelling name.
Please send suggestions to: JanesSmitOrg@aol.com
6. Collaborated with another blogger at http://windowpainclarity.wordpress.com/ on a mutual press release he plans to publish this week.
7. Met with local press 3 times assisting with leads, verification of their validity, and credibility with emphasis on fairness to the Judge with pending charges, and public need for assurance, that we are not out to simply bash a particular Jurist.
Coincidentally WATD, 95.9, Marshfield ran a story with 6 South Shore attorneys one Saturday morning discussing traditional vs. non traditional divorces. Rumor has it that after the show, when questioned off air about their experiences with Judge Livingstone, they were equally divided on support for or against him.
- If any of these attorney’s will agree to be interviewed on record – we’d love to hear from you!
More quotes from Governor Patrick’s speech:
“Now is not the time for us to lose our focus or our nerve. Government cannot solve every problem in everybody’s life. But government -- as an expression of the common interest and the common good -- has a role to play in helping people help themselves. “
“Everyone must do his or her part -- because everyone has a stake. “
“A poor child in high-quality early ed is 40% less likely to need special ed or to be held back a grade, 30% more likely to graduate from high school, and twice as likely to go to college. The cost of inaction is too high.”
“The people don’t expect us to agree on everything. But they do expect us to engage. They expect us to work together toward the best solution. They expect action. And they deserve it. “
Well, we are not losing focus, not losing nerve. We plan to do our part – will you help? Please contact JaneSmithOrg@aol.com…. better name coming soon!!
Thank you.
“There is a whole generation watching and waiting -- some tonight perhaps -- to see whether we see our stake in their future – and act like it. And I say let them look to us – to you and to me – and let us affirm their hope for tomorrow in the actions we take today. “
Jane Smith Org strives to represent hope that the actions we are taking today will make a positive difference for tomorrow. Today, we seek funding support in expanding our already successful effort to bring awareness to Family Court injustices impact on each and every one of us. Our ultimate goal is to foster public support for positive change in our legal process, the way it is monitored, measured, reported to the public and acted upon.
Less than a month in operation, this small group has a promising track record – detailed below. We have heard from so many, have received the support of public figures, press and private citizens. We are confident the need for our services is so great, we have an obligation to formally organize a non-profit organization. To do this we need seed money, therefore we need your help.
We are hoping to raise between $2,000 - $5,000 in startup funding. These funds will be used to retain legal services necessary for processing articles of incorporation and other matters essential to the establishment of a non profit organization including domain name registrations and initial costs of establishing a virtual/home-based business. Our overhead will be low as we operate largely over the internet, from home or wherever we are on the road. Postage and office supplies will be our biggest out of pocket expense as we’d like to reimburse people for the cost of sending their data to us.
If you would like to contribute, please contact Janesmithorg@aol.com
Of course, we can significantly reduce the need for start up funding if an attorney will step forward to assist us pro-bono - any takers? Please?
Please bear in mind, donations at this stage may not be tax deductible. Check with your financial advisor; some say donations may become deductible if the group is approved as a non profit within a year… others say no way it’s deductible until we are formally recognized by the Commonwealth. So, please contribute, but only if you are comfortable with our emerging status.
To help you decide, here is what we are doing, why and what the results are to date:
WHAT
The goals are:
1. Prevent future loses to our communities and the next generations through public education and civic engagement addressing family court injustices, lifting the veil of silence shrouding a legal system in need of repair while fostering public support for implementing change.
2. Create public awareness about specific misconduct and injustice in our family courts and how these impact each and every one of us.
3. Increase public knowledge and understanding of how our system does and does not operate in the best interest of it’s citizens.
4. Suggest plans and ideas for improvements in our system with realistic, achievable, measurable, privately funded results.
Much of our initial effort revolves around one particular Justice who’s misconduct charges pending against him are just the tip of the iceberg. Families impacted by his TV like Judge Judy antics on the bench simply want to see him come to an awareness within himself to resign. To, at the very least see that he must change his ways. He is a ready example of what can go wrong in our courts and how our system protects his behavior by keeping the public ignorant of their rights, the legal process in general, the attorney’s role in how your day in court will be impacted, your ability to file complaints.
Long range we see an opportunity to prevent this type of injustice from recurring. We can do this by supporting our attorney’s in their efforts to truly seek compromise with the best interest of tomorrow’s generation in mind. We do this, in part by providing them new tools including a simple “bill of clients rights and expectations” available to every parent in divorce. We provide client’s and attorney’s too with the tools for filing complaints against attorney’s or Justices who engage in fraud, perjury, abandon their client’s mid process, or engage in any violation of the code of conduct.
Can you imagine a day when we have good attorney jokes? Imagine attorney’s truly working together towards fairness and equitable care of our children gaining greater respect in our communities and becoming the Justices of tomorrow. This is a reversal of the current system that pits attorney vs. attorney in a win/lose situation. By the time you get to court, the day has little to do with what makes sense for you, your family and especially the children. It too often becomes all about how the attorney is going to look in front of the Judge and in front of their peers and how strongly one advocates for financial success of one party over the financial ruin of the other with no true regard for the generation of tomorrow.
WHY
We strive to represent and demonstrate hope that the actions we are taking today will make a positive difference for tomorrow, by actually making an impact today.
RESULTS TO DATE
Public awareness campaign is working! In just 28 days we have heard from people in Plymouth, Norfolk and Bristol Counties, Florida, New Hampshire, and Australia. All with cases involving allegedly unjust decisions and/or barbaric TV court judicial behavior in the courtroom, or at the hand of Judge Michael J. Livingstone.
In 28 days we have:
1. Successfully initiated a public awareness effort via the internet. 8 People willing to share their court humiliation and the impact on their families publicly have come forward complete with docket and other verifiable information.
- Three of these cases have been interviewed on tape by a local reporter who is building a compelling story for release – we hope soon.
- Three of these cases have filed charges with the CJC. Two filed last October coincidentally received acknowledgement of their complaints shortly after we began blogging. The third complaintant filed in December and has been advised it will take at least 8 weeks to get to her complaint.
- One case is now aware that complaints can be filed up to a year after the fact and is in process of completing her filing.
- One case was unnecessarily sent to jail where he interviewed jail staff and court officers who had quite a bit to say about their experiences with Judge Livingstone. We look for credible verification of these facts, hoping that one or more of these folks will come forward publicly – without fearing loss of job or other repercussions.
- One case met with State Representative Frank Hynes to inform him of our group, and to provide her personal story to him.
2. Interviewed on tape Judge Livingstone’s business partner and former best friend of 25 years, Raymond Hotte. Mr. Hotte’s charges represent the first two charges of 6 pending CJC ruling. Mr. Hotte provided additional information sent to the CJC and shares a compelling, well documented story of cover up and manipulation of our system far beyond the current charges before the CJC.
3. Published 6 blog postings addressing:
- Family Court Injustice’s impact on community
- Misconduct charges pending CJC public hearing against Family Court Justice Michael J. Livingstone,
- Review and analysis of the first 2 chargespending against Judge Livingstone including his own admissions of some level of misconduct
4. Met with parents of families not going through divorce, hopefully never going through divorce, to discuss their concerns about the far reaching impact of decisions made in court on our communities as a whole.
5. Three of us met with a nationally known marketing guru who was kind enough to offer candid insight and suggestions for improving our visibility. Still working on some of the suggestions – including we need a more compelling name.
Please send suggestions to: JanesSmitOrg@aol.com
6. Collaborated with another blogger at http://windowpainclarity.wordpress.com/ on a mutual press release he plans to publish this week.
7. Met with local press 3 times assisting with leads, verification of their validity, and credibility with emphasis on fairness to the Judge with pending charges, and public need for assurance, that we are not out to simply bash a particular Jurist.
Coincidentally WATD, 95.9, Marshfield ran a story with 6 South Shore attorneys one Saturday morning discussing traditional vs. non traditional divorces. Rumor has it that after the show, when questioned off air about their experiences with Judge Livingstone, they were equally divided on support for or against him.
- If any of these attorney’s will agree to be interviewed on record – we’d love to hear from you!
More quotes from Governor Patrick’s speech:
“Now is not the time for us to lose our focus or our nerve. Government cannot solve every problem in everybody’s life. But government -- as an expression of the common interest and the common good -- has a role to play in helping people help themselves. “
“Everyone must do his or her part -- because everyone has a stake. “
“A poor child in high-quality early ed is 40% less likely to need special ed or to be held back a grade, 30% more likely to graduate from high school, and twice as likely to go to college. The cost of inaction is too high.”
“The people don’t expect us to agree on everything. But they do expect us to engage. They expect us to work together toward the best solution. They expect action. And they deserve it. “
Well, we are not losing focus, not losing nerve. We plan to do our part – will you help? Please contact JaneSmithOrg@aol.com…. better name coming soon!!
Thank you.
Monday, January 21, 2008
Family Court Injustice is Community Injustice - Your Taxes Pay For It
So ya think what happens in Family Court doesn't impact you? You're never going to divorce or need to settle estate issues - right?
If you never thought Family Court issues would affect you - think again. Families in distress impact our schools, religious institutions and public resources on many fronts.
Estate issues aside, not only are you likely to end up in family court at some point with approximately 50% divorce rate, families in distress cost all of us much, much more than you probably care to realize.
Consider what happens when children's ability to thrive is compromised. Consider the impact on their extended relationships with peers, teachers, schools, administrators, special needs programs, medical, psychological, social service providers, police and fire responding to more domestic issues, juvenile delinquency rates climbing, increased need for more non-profit and community services and tuition assistance, employers asked to be more flexible for parenting issues - or parents losing jobs, or taking multiple lower paying more time flexible jobs, small businesses are more vulnerable to vandalism and petty theft ...do I really need to continue?
What?! Don't even go there! These problems are rampant in the suburbs. Well disguised, but all too prevalent.
In Cohasset, roughly 62% of our real estate tax bills go to fund education including all the programs our schools need to offer. Kids in distress have more needs and our schools absorb much of that expense. I'm not saying the schools should cut services. If anything they can be a safe haven and I'd support adding services. The point today is reaching those of you who think family court doesn't matter to you. It does. You pay for it.
You pay the Judges' salary, the court staff and officers, the records maintenance, storage, processing, the acquisition, development and maintenance of real estate for courthouses, jails... the list goes on.
Think about those 2 facts again:
1. About 50% of families will divorce
2. 62% of our real estate taxes go to education.
Do you still think what happens in family court doesn't impact you and your tax dollars?
Okay, consider these Plymouth County facts:
According to the 2002 Census there are an estimated 113,623 family households inPlymouth County
Please send your comments and stories to JaneSmithOrg@aol.com
THANK YOU!
If you never thought Family Court issues would affect you - think again. Families in distress impact our schools, religious institutions and public resources on many fronts.
Estate issues aside, not only are you likely to end up in family court at some point with approximately 50% divorce rate, families in distress cost all of us much, much more than you probably care to realize.
Consider what happens when children's ability to thrive is compromised. Consider the impact on their extended relationships with peers, teachers, schools, administrators, special needs programs, medical, psychological, social service providers, police and fire responding to more domestic issues, juvenile delinquency rates climbing, increased need for more non-profit and community services and tuition assistance, employers asked to be more flexible for parenting issues - or parents losing jobs, or taking multiple lower paying more time flexible jobs, small businesses are more vulnerable to vandalism and petty theft ...do I really need to continue?
What?! Don't even go there! These problems are rampant in the suburbs. Well disguised, but all too prevalent.
In Cohasset, roughly 62% of our real estate tax bills go to fund education including all the programs our schools need to offer. Kids in distress have more needs and our schools absorb much of that expense. I'm not saying the schools should cut services. If anything they can be a safe haven and I'd support adding services. The point today is reaching those of you who think family court doesn't matter to you. It does. You pay for it.
You pay the Judges' salary, the court staff and officers, the records maintenance, storage, processing, the acquisition, development and maintenance of real estate for courthouses, jails... the list goes on.
Think about those 2 facts again:
1. About 50% of families will divorce
2. 62% of our real estate taxes go to education.
Do you still think what happens in family court doesn't impact you and your tax dollars?
Okay, consider these Plymouth County facts:
According to the 2002 Census there are an estimated 113,623 family households in
Appointed in 2002, in only 5 years Judge Michael J. Livingstone has the following distinctions:
1. Most appealed Justice in the Commonwealth - 54 cases per
http://www.ma-appellatecourts.org/search_judge.php?dlj=Livingstone.
2. First Justice in the Commonwealth in approximately 20 years to have misconduct charges filed against him by the Supreme Judicial Court - See Boston Globe article
http://www.boston.com/news/local/articles/2007/10/23/plymouth_judge_accused_of_breaking_rules_of_conduct/
3. Sent an innocent man to jail, October 2007. See: WVCB Boston Channel.com story at http://www.thebostonchannel.com/news/14763949/detail.html
4. Highest contempt incarceration of any Judge in
5. Prevented a single parent from relocating to more affordable, close by state with the support of family and better work prospects. Instead, he limited her relocation ability to 30 minutes from current address consisting of no longer affordable towns and the
For those of us choosing reality, in hopes of making all of our lives better, please read other postings on this blog related to Judge Michael Livingstone and the misconduct charges pending against him. Hopefully I will post more very soon.
Please send your comments and stories to JaneSmithOrg@aol.com
THANK YOU!
Sunday, January 13, 2008
Is Judge Making A Deal?
Word on the street is that Judge Michael J. Livingstone, Plymouth County family and probate court is negotiating his resignation.
Misconduct charges filed against Judge Michael J. Livingston were schedule for public hearing on January 2, 2008. Hearing was indefinitely postponed and we have a good theory as to why - he's resigning. Here's how we reached this conclusion.
We researched.
First
We researched how to make complaints, followed the CJC's flowchart process, and read the rules binding the CJC.
Second
We've engaged the public via various blogs and postings about judicial misconduct in family courts.
Third
We spoke with members of the press who too have been doing their research, but have yet to assemble enough credible information to make it public.
Reading the rules of the CJC , following the flow charts of the process, it is easy to see that there must be an overwhelming preponderance of evidence before a Judge is formally charged and ultimately a Hearing scheduled. When charges reach the stage of scheduling a public hearing, it is so likely the charges are at least reasonably accurate the prudent thing for a Justice to do is in fact, save his own family the embarrassment of a hearing and resign.
In July, 2007 CJC rules were updated in several areas including adding rule 13 regarding direct submission to the Supreme Judicial Court.
See http://www.mass.gov/cjc/rulesrevisions.pdf
Bottom line, everything is negotiable.
If the Judge sees the charges may represent misconduct he can negotiate his resignation. See the previous posting on this blog entitled, Judge Responds to Misconduct Charges Re Threatening Letter to Tenant. In these first 2 charges alone, he admits some possibility of inappropriateness. And we have yet to get to the real meaty charges regarding his business interests.
Thus, we reasonably conclude negotiations are ongoing.
Reaching out to the public we have assembled enough cases willing to go public with their stories that local press may produce something as early as this week.
Now, in defense of the Judge. He may well be a good, even brilliant attorney. I've seen him first hand in court. He knows the law and seems to lean toward whichever party is stronger in terms of process. He seems to enjoy a "battle" with an attorney fighting to get evidence admitted. The more dramatic the assertions, the more likely he will concede to that attorney. For example, in my case, the opposing attorney is well known as a character bashing rising star in the Boston area. She submitted fraudulent information, portrayed me as the worst kind of parent imaginable, was permitted to engage in lengthy assertions about my work history and more before marriage, parenting and divorce. (legally not allowed) Judge Livingstone soaked it up and fell for it. He would not allow my attorney to refute the information, would not allow evidence proving the fraud, would not allow me to discuss anything before divorce. And he would not discuss best interest of the child involved. Apparently her needs are irrelevant. Oh yes, among other things he found I did accounting work for a major Boston employer, and I am a website developer too - what? He's changed my resume?
So, yes Judge Livingstone could have a renewed career as an attorney. He can certainly compete with the younger, agile character bashing attorneys that unfortunately are being hailed as Boston's rising stars. THus, furthering the challenges of seeking equity in court.
If the Judge is capable of going deep inside himself, he may also be able to turn his disastrous tenure on the bench to something positive. He has the intellect, skill and experience to right his own wrongs by working diligently to prevent future abuse of our system and in our courts.
But does he have the character?
Those who feel victimized by his decisions doubt he has any ability to make a positive out this experience. There are far too many families that have been hurt, continue to be hurt. They just want him gone and out of the sytsem forever. Will that be enough? It's a start.
We are divided on what to do next.
Wait
One opinion says we should wait and see what happens with Judge Livingstone. Then use his court as examples of what not to do going forward.
Write
The other is, we should write a public letter to the Judge with copies to legislators. Ask him to consider taking paid time while he continues his negotiations. He is so biased on the bench, he needs to step aside. Let the system begin to move on without him. So many of us have had to begin again, and again as a result of his decisions. He too must do the same.
What do you think wait or write?
Please let us know your thoughts, copy us on your letters, and please continue to share your stories at Janesmithorg@aol.com
Misconduct charges filed against Judge Michael J. Livingston were schedule for public hearing on January 2, 2008. Hearing was indefinitely postponed and we have a good theory as to why - he's resigning. Here's how we reached this conclusion.
We researched.
First
We researched how to make complaints, followed the CJC's flowchart process, and read the rules binding the CJC.
Second
We've engaged the public via various blogs and postings about judicial misconduct in family courts.
Third
We spoke with members of the press who too have been doing their research, but have yet to assemble enough credible information to make it public.
Reading the rules of the CJC , following the flow charts of the process, it is easy to see that there must be an overwhelming preponderance of evidence before a Judge is formally charged and ultimately a Hearing scheduled. When charges reach the stage of scheduling a public hearing, it is so likely the charges are at least reasonably accurate the prudent thing for a Justice to do is in fact, save his own family the embarrassment of a hearing and resign.
In July, 2007 CJC rules were updated in several areas including adding rule 13 regarding direct submission to the Supreme Judicial Court.
See http://www.mass.gov/cjc/rulesrevisions.pdf
Bottom line, everything is negotiable.
If the Judge sees the charges may represent misconduct he can negotiate his resignation. See the previous posting on this blog entitled, Judge Responds to Misconduct Charges Re Threatening Letter to Tenant. In these first 2 charges alone, he admits some possibility of inappropriateness. And we have yet to get to the real meaty charges regarding his business interests.
Thus, we reasonably conclude negotiations are ongoing.
Reaching out to the public we have assembled enough cases willing to go public with their stories that local press may produce something as early as this week.
Now, in defense of the Judge. He may well be a good, even brilliant attorney. I've seen him first hand in court. He knows the law and seems to lean toward whichever party is stronger in terms of process. He seems to enjoy a "battle" with an attorney fighting to get evidence admitted. The more dramatic the assertions, the more likely he will concede to that attorney. For example, in my case, the opposing attorney is well known as a character bashing rising star in the Boston area. She submitted fraudulent information, portrayed me as the worst kind of parent imaginable, was permitted to engage in lengthy assertions about my work history and more before marriage, parenting and divorce. (legally not allowed) Judge Livingstone soaked it up and fell for it. He would not allow my attorney to refute the information, would not allow evidence proving the fraud, would not allow me to discuss anything before divorce. And he would not discuss best interest of the child involved. Apparently her needs are irrelevant. Oh yes, among other things he found I did accounting work for a major Boston employer, and I am a website developer too - what? He's changed my resume?
So, yes Judge Livingstone could have a renewed career as an attorney. He can certainly compete with the younger, agile character bashing attorneys that unfortunately are being hailed as Boston's rising stars. THus, furthering the challenges of seeking equity in court.
If the Judge is capable of going deep inside himself, he may also be able to turn his disastrous tenure on the bench to something positive. He has the intellect, skill and experience to right his own wrongs by working diligently to prevent future abuse of our system and in our courts.
But does he have the character?
Those who feel victimized by his decisions doubt he has any ability to make a positive out this experience. There are far too many families that have been hurt, continue to be hurt. They just want him gone and out of the sytsem forever. Will that be enough? It's a start.
We are divided on what to do next.
Wait
One opinion says we should wait and see what happens with Judge Livingstone. Then use his court as examples of what not to do going forward.
Write
The other is, we should write a public letter to the Judge with copies to legislators. Ask him to consider taking paid time while he continues his negotiations. He is so biased on the bench, he needs to step aside. Let the system begin to move on without him. So many of us have had to begin again, and again as a result of his decisions. He too must do the same.
What do you think wait or write?
Please let us know your thoughts, copy us on your letters, and please continue to share your stories at Janesmithorg@aol.com
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