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.
Sunday, January 27, 2008
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
Sunday, January 6, 2008
Judge Responds to Misconduct Charges re: Threatening Letter
Today's post provides a summary of Judge Livingstone's formal response to the first 2 of 6 charges against him as outlined in the post entitled Judge Threatens Tenant With Eviction dated 1/2/08 .
Reading the full text of his response can be confusing. It is clear he is working very hard to avoid discipline and to keep his job. He is often contradictory and clearly skilled at providing the right answers, or seeming to.
For example, by seeking an advisory opinion from The Committee on Judicial Ethics concerning real estate activities, he appears to be striving to do the right things ethically. Later in the document, he spends inordinate time detracting from the intent of the content of the advisory opinion by focusing on minutia such as how specific text may or may not have been highlighted in the opinion. Apparently if the opinion didn't highlight matters in a certain way, he didn't feel responsible for reading that text. Simultaneously it appears as though he chose to read the positive comments, ignored the negative. Oh, by the way, the document is uniformly not highlighted except for section titles and case names.
Go figure the minutia.
In other words... if you or I should know that driving under the influence is a potentially bad thing, could kill somebody, and is illegal, yet we seek a formal written opinion re: drunk driving laws just to confirm and we don't see highlighted text confirming this action would be illegal - we are somehow not going to be responsible if we get drunk, drive and get caught? Ignorance is bliss wouldn't cut it in court for us. It remains to be seen if it works for our Judges.
Decide for yourself, in his formal response to these 2 charges alone Judge Livingstone:
1. Admits to the business relationship with Mr. Hotte.
2. Admits to the fact a contractor brought suit against the business seeking a balance due.
3. Admits to filing a "Motion to Quash/Motion to Excuse his Presence" at the trial.
4. Indicates that since his partner, Mr. Hotte signed the contract for the work when Mr. Hotte was sole property manager.
5. Admits to filing the affidavit swearing he had not been actively involved in the property management for years.
6. Asserts he had no knowledge of the date for his motion to be heard which was the same date as the initial trial and subsequently rescheduled but believes the facts alleged are true. (Huh?)
7. Denies he made false statements.
8. Denies he'd been involved in managing the propert(ies), paying bills etc.
9. Admits to sending the threatening letter to his tenant.
10. Denies avoiding his business responsibilities to see that legitimate debts were paid.
11. Denies his failure to appear in court violates any Judicial Code of conduct asserting no obligation upon himself to follow up on the status of his case.
12. Denies his threatening letter, if followed through, would have constituted a crime.
13. Confirms that statements re MA laws regarding landlord's obligation to provide utilities appears to be correct. (avoiding comment on text of his letter threatening to not pay utility bills.)
14. Denies that his letter making the improper threat is more serious given that he's a Judge.
15. Asserts the wording of his letter may have been inappropriate...
16. Acknowledges seeking and receiving an advisory opinion from The Committee on Judicial Ethics concerning real estate activities which indicated some of his dealing were "within the bounds of what is permitted" because he had delegated management to his partner. It further indicates some activities "move into prohibited areas".
17. Asserts that when he resumed management duties he felt he had no choice because his partner abandoned him.
18. Denies he made any threat in his letter to the tenant.
For complete text of charges and response go to www.ma.gov/cjc You may have to type the /cjc part a second time. Click on Press Releases scroll to the section re: Judge Livingstone, click on the 10/20/07 release re charges. It's 53 pages of provocative text.
Please comment, and let us know what you think. Should he stay or should he go?
Reading the full text of his response can be confusing. It is clear he is working very hard to avoid discipline and to keep his job. He is often contradictory and clearly skilled at providing the right answers, or seeming to.
For example, by seeking an advisory opinion from The Committee on Judicial Ethics concerning real estate activities, he appears to be striving to do the right things ethically. Later in the document, he spends inordinate time detracting from the intent of the content of the advisory opinion by focusing on minutia such as how specific text may or may not have been highlighted in the opinion. Apparently if the opinion didn't highlight matters in a certain way, he didn't feel responsible for reading that text. Simultaneously it appears as though he chose to read the positive comments, ignored the negative. Oh, by the way, the document is uniformly not highlighted except for section titles and case names.
Go figure the minutia.
In other words... if you or I should know that driving under the influence is a potentially bad thing, could kill somebody, and is illegal, yet we seek a formal written opinion re: drunk driving laws just to confirm and we don't see highlighted text confirming this action would be illegal - we are somehow not going to be responsible if we get drunk, drive and get caught? Ignorance is bliss wouldn't cut it in court for us. It remains to be seen if it works for our Judges.
Decide for yourself, in his formal response to these 2 charges alone Judge Livingstone:
1. Admits to the business relationship with Mr. Hotte.
2. Admits to the fact a contractor brought suit against the business seeking a balance due.
3. Admits to filing a "Motion to Quash/Motion to Excuse his Presence" at the trial.
4. Indicates that since his partner, Mr. Hotte signed the contract for the work when Mr. Hotte was sole property manager.
5. Admits to filing the affidavit swearing he had not been actively involved in the property management for years.
6. Asserts he had no knowledge of the date for his motion to be heard which was the same date as the initial trial and subsequently rescheduled but believes the facts alleged are true. (Huh?)
7. Denies he made false statements.
8. Denies he'd been involved in managing the propert(ies), paying bills etc.
9. Admits to sending the threatening letter to his tenant.
10. Denies avoiding his business responsibilities to see that legitimate debts were paid.
11. Denies his failure to appear in court violates any Judicial Code of conduct asserting no obligation upon himself to follow up on the status of his case.
12. Denies his threatening letter, if followed through, would have constituted a crime.
13. Confirms that statements re MA laws regarding landlord's obligation to provide utilities appears to be correct. (avoiding comment on text of his letter threatening to not pay utility bills.)
14. Denies that his letter making the improper threat is more serious given that he's a Judge.
15. Asserts the wording of his letter may have been inappropriate...
16. Acknowledges seeking and receiving an advisory opinion from The Committee on Judicial Ethics concerning real estate activities which indicated some of his dealing were "within the bounds of what is permitted" because he had delegated management to his partner. It further indicates some activities "move into prohibited areas".
17. Asserts that when he resumed management duties he felt he had no choice because his partner abandoned him.
18. Denies he made any threat in his letter to the tenant.
For complete text of charges and response go to www.ma.gov/cjc You may have to type the /cjc part a second time. Click on Press Releases scroll to the section re: Judge Livingstone, click on the 10/20/07 release re charges. It's 53 pages of provocative text.
Please comment, and let us know what you think. Should he stay or should he go?
Wednesday, January 2, 2008
Judge threatens tenant with eviction
Tonight we start a series of blogs summarizing charges against Judge Michael J. Livingstone, Plymouth County Probate and Family Court.
The first two charges involve a threatening letter sent to a Section 8 tenant - text included.
Here goes....
Charge 1. False Affidavit in Violation of Canons 1 and 2A of current code.
Prior to becoming a Judge, Michael J. Livingstone was engaged in a real estate venture with a partner, Raymond Hotte, "High Low Properties, New Bedford MA" . When he was appointed to the bench in 2002, Judge Livingstone was supposed to remove himself from business dealings tending to: (among other things)
- Reflect adversely on the Judge's impartiality or
- Interfere with proper performance of his judicial position or
- May invovle him in frequent transactions with lawyers or people likely to come before the court on which he serves or
- May reasonably be perceived to exploit the Judge's judicial position
3 years into his Judgeship, in 2005 a contractor sued Mr. Hotte to collect a balance for work performed at the properties in April, 2004, contracted for with Mr. Hotte's signature. A trial was scheduled - ultimately rescheduled twice and Judge Livingstone was a no show at every date.
August 25, 2005 Judge Livingstone:
- Filed a motion requesting to be excused from appearing.
- Filed a notarized affidavit swearing under the pains and penalties of perjury that he had not been actively involved in the property management...
- ... confirmed that Mr. Hotte had acted as property manager and all related tenant matters, rent collection etc.
When Judge Livingstone made these statements, he knew they were not true:
- Judge Livingstone in fact had been actively involved in the property management since December, 2004 when he and Mr. Hotte had a falling out.
August 26, 2005 - one day after filing the false affidavit he:
- Signed 2 contract renewals for tenants
- Sent the following letter to one of his tenants: (Her name and address withheld out of respect)
Dear Ms._____
As you know, I am the co-owner of (Street address withheld out of respect), New Bedford along with Mr. Hotte. Enclosed is a copy of the renewal of your lease with the NEw Bedford Housing Authority, Section 8 program which I have signed. Also please find copies of your utility bills for your apartment which are in my name and I am paying.
Beginning 9/1/05 in accordance with the terms of your lease agreement, you are to forward to me a check payable to "High Low Properties" in the amount of $204.00 each month being your share of the utility and rent payment as determined by the housing authority. I, in turn will continue to pay your gas and electric bills according to the lease agreement. Do not give your payment to Mr. Hotte as you have done in the past. If I do not receive your monthly payment, I will not pay your utility bills and will have you evicted from your unit for failure to pay your rent as required. If Mr. Hotte should take any action against you for complying with the instructions of this letter, or bring any legal action against you regarding the same, I will provide and pay for your legal defense as long as you continue to send me your monthly check as instructed.
Closing paragraph omitted in this blog. Judge cc'd Mr. Hotte
Charges assert the Judge violated:
By making false statements in his affidavit
- Canon 1 "A Judge shall participate in establishing, maintaining, and enforcing high standards of conduct and shall personally observe those standards."
- Canon 2(A) "A Judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
By avoiding his business responsibilities and legitimate debts of the partnership.
- Further violated Canons 1 and 2A
By failing to appear in court to present his motion, or to ascertain if he needed to comply with any court order.
- Still further violated Canons 1 and 2A b
Charge 2. The tenant Letter/Improper Threat in violation ...
By sending the tenant letter
- MA law. If he had followed through on his threats, it would have constituted a crime and formed the basis for a civil suit by the tenant.
- MA Gen Laws and Consumer protection regulations regarding landlords willfully failing to furnish utilities, punishable by fine or imprisonment up to 6 months.
- More violation of Canons 1 and 2A
"The fact that Judge Livingstone is a judge makes his improper threat to (his tenant) even more serious, given the potentially coercive effect of his letter."
There are 6 formal charges violating canons 1,2,4 and 5. I attempt to summarize and present in lay terms, sometimes using exact wording of full text which can be viewed at www.mass.gov/cjc Click on Press Releases then scroll to the first release re: Judge Livingstone dated 10/20/07. Full text follows the press release.
Please share this information widely, and let us know your thoughts - SHOULD HE RESIGN?
Send letters to the Governor, the Attorney General, Local Press, the ACLU anyone you know who can help create a public outcry and demand for discipline.
THANK YOU!
The first two charges involve a threatening letter sent to a Section 8 tenant - text included.
Here goes....
Charge 1. False Affidavit in Violation of Canons 1 and 2A of current code.
Prior to becoming a Judge, Michael J. Livingstone was engaged in a real estate venture with a partner, Raymond Hotte, "High Low Properties, New Bedford MA" . When he was appointed to the bench in 2002, Judge Livingstone was supposed to remove himself from business dealings tending to: (among other things)
- Reflect adversely on the Judge's impartiality or
- Interfere with proper performance of his judicial position or
- May invovle him in frequent transactions with lawyers or people likely to come before the court on which he serves or
- May reasonably be perceived to exploit the Judge's judicial position
3 years into his Judgeship, in 2005 a contractor sued Mr. Hotte to collect a balance for work performed at the properties in April, 2004, contracted for with Mr. Hotte's signature. A trial was scheduled - ultimately rescheduled twice and Judge Livingstone was a no show at every date.
August 25, 2005 Judge Livingstone:
- Filed a motion requesting to be excused from appearing.
- Filed a notarized affidavit swearing under the pains and penalties of perjury that he had not been actively involved in the property management...
- ... confirmed that Mr. Hotte had acted as property manager and all related tenant matters, rent collection etc.
When Judge Livingstone made these statements, he knew they were not true:
- Judge Livingstone in fact had been actively involved in the property management since December, 2004 when he and Mr. Hotte had a falling out.
August 26, 2005 - one day after filing the false affidavit he:
- Signed 2 contract renewals for tenants
- Sent the following letter to one of his tenants: (Her name and address withheld out of respect)
Dear Ms._____
As you know, I am the co-owner of (Street address withheld out of respect), New Bedford along with Mr. Hotte. Enclosed is a copy of the renewal of your lease with the NEw Bedford Housing Authority, Section 8 program which I have signed. Also please find copies of your utility bills for your apartment which are in my name and I am paying.
Beginning 9/1/05 in accordance with the terms of your lease agreement, you are to forward to me a check payable to "High Low Properties" in the amount of $204.00 each month being your share of the utility and rent payment as determined by the housing authority. I, in turn will continue to pay your gas and electric bills according to the lease agreement. Do not give your payment to Mr. Hotte as you have done in the past. If I do not receive your monthly payment, I will not pay your utility bills and will have you evicted from your unit for failure to pay your rent as required. If Mr. Hotte should take any action against you for complying with the instructions of this letter, or bring any legal action against you regarding the same, I will provide and pay for your legal defense as long as you continue to send me your monthly check as instructed.
Closing paragraph omitted in this blog. Judge cc'd Mr. Hotte
Charges assert the Judge violated:
By making false statements in his affidavit
- Canon 1 "A Judge shall participate in establishing, maintaining, and enforcing high standards of conduct and shall personally observe those standards."
- Canon 2(A) "A Judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary."
By avoiding his business responsibilities and legitimate debts of the partnership.
- Further violated Canons 1 and 2A
By failing to appear in court to present his motion, or to ascertain if he needed to comply with any court order.
- Still further violated Canons 1 and 2A b
Charge 2. The tenant Letter/Improper Threat in violation ...
By sending the tenant letter
- MA law. If he had followed through on his threats, it would have constituted a crime and formed the basis for a civil suit by the tenant.
- MA Gen Laws and Consumer protection regulations regarding landlords willfully failing to furnish utilities, punishable by fine or imprisonment up to 6 months.
- More violation of Canons 1 and 2A
"The fact that Judge Livingstone is a judge makes his improper threat to (his tenant) even more serious, given the potentially coercive effect of his letter."
***********************
There are 6 formal charges violating canons 1,2,4 and 5. I attempt to summarize and present in lay terms, sometimes using exact wording of full text which can be viewed at www.mass.gov/cjc Click on Press Releases then scroll to the first release re: Judge Livingstone dated 10/20/07. Full text follows the press release.
Please share this information widely, and let us know your thoughts - SHOULD HE RESIGN?
Send letters to the Governor, the Attorney General, Local Press, the ACLU anyone you know who can help create a public outcry and demand for discipline.
THANK YOU!
Tuesday, January 1, 2008
Judge Livingstone Public Hearing Postponed
The urgency to get word out about Judge Livingstone and judicial misconduct just intensified.
According to a press release submitted by the Executive Director, Commission on Judicial Conduct for the Commonwealth of Massachusetts, the public hearing on formal charges against Judge Michael J. Livingstone has been temporarily postponed.
We did not learn of this press release, or the earlier one initially scheduling the hearing for January 2nd in the Edward Brook Courthouse, Boston until tonight. The latest release indicates that the formal charges and the Judge's response are available at www.mass.gov/cjc. We tried the website but could not find details.
If you have access to more information, please let us know .... and please spread the information about Judge Livingstone and judicial misconduct widely.
Our children will THANK YOU!
According to a press release submitted by the Executive Director, Commission on Judicial Conduct for the Commonwealth of Massachusetts, the public hearing on formal charges against Judge Michael J. Livingstone has been temporarily postponed.
We did not learn of this press release, or the earlier one initially scheduling the hearing for January 2nd in the Edward Brook Courthouse, Boston until tonight. The latest release indicates that the formal charges and the Judge's response are available at www.mass.gov/cjc. We tried the website but could not find details.
If you have access to more information, please let us know .... and please spread the information about Judge Livingstone and judicial misconduct widely.
Our children will THANK YOU!
Creating awareness of misconduct charges RE: Judge Michael J. Livingstone, Plymouth County MA
Seeking your help and support in creating public awareness of abusive judicial practices in our courts - particularly regarding Judge Michael J. Livingstone, Plymouth County Family and Probate Court.
Judge Livingstone was appointed in 2002 by Governor Jane Swift. In his 5 years he has the following distinctions
1. The most appealed Justice in the Commonwealth - 54 cases per http://www.ma-appellatecourts.org/search_judge.php?dlj=Livingstone.
(appeals generally cost 20,000 +++++ so only the wealthy can file.)
2. The 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. Sending an innocent man to jail. See: WVCB Boston Channel.com story at http://www.thebostonchannel.com/news/14763949/detail.html
4. The highest contempt incarceration of any Judge in New England (according to blogger Chris of Needham Ma on blog found at topix.com/city/newbedford
I am compiling an archive of articles and cases for the press and public to use in creating awareness/pressure for the Judge to resign. Case docket numbers and personal identities will be held in the strictest confidence unless use is authorized or required by the Governor's office/appointee for verification.
I hope that by focusing on the obvious need for discipline with Judge Livingstone, collectively we may be able to influence broader action in our Judicial system. To raise the bar on professionalism and to insist on enforcing the Justices directive to make decisions in the best interest of the children of every family as provided for in our current set of laws.
If you have personal experience in Judge Livingstone's court, or know of someone who is willing to contribute, please ask them to do one or more of the following:
1. Send a letter to the Governor citing the injustice witnessed/experienced. cc Press and cc me at:
Jane Smith UPS Box
759 CJC Hwy Rte 3A #263
Cohasset, MA 02025
or JaneSmithorg@aol.com
Please provide me with an email address to keep you informed, and let me know if you want your case/docket number and names held in confidence or shared publicly.
2. Break the silence and SHARE! Tell the stories of those who have been damaged by Judge Livingstone's bad decisions. Get over the insecurities and lack of confidence caused by his abuse - turn it into strength and focus.
3. Check in and participate in as many blogs about this topic as possible. See: w.topix.com/city/new-bedford-ma/2007/10/ex-city-lawyer-faces-misconduct-charges-as-probate-judge
4. Google Judge Livingstone regularly to learn of the hearing date, location and be at the hearing. Bring support in the form of friends and family.
5. Sit in the Judge's court and witness how he treats other cases. Take notes. Then sit in on another Judge and compare. Send me your observations - carefully. We do not want to violate other family's cases or identities. All case numbers will be held in confidence.
6. Send me and others your ideas for how to better get the word out.
Following is an excerpt from the letter I sent Governor Patrick in November. (Happy to publish full text if anyone likes, but it's long and this is supposed to be an introduction.)
As we get better organized, we will let you know of other efforts to create awareness. In the meantime for more info. see articles in archives of www.SouthCoastToday.com re: Livingstone including how he lived in an illegal basement apartment in New Bedford, in a commercial building he owned.
THANK YOU in advance for caring enough to read this, hopefully participating in our efforts to expand awareness thus influencing action.
Judge Livingstone was appointed in 2002 by Governor Jane Swift. In his 5 years he has the following distinctions
1. The most appealed Justice in the Commonwealth - 54 cases per http://www.ma-appellatecourts.org/search_judge.php?dlj=Livingstone.
(appeals generally cost 20,000 +++++ so only the wealthy can file.)
2. The 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. Sending an innocent man to jail. See: WVCB Boston Channel.com story at http://www.thebostonchannel.com/news/14763949/detail.html
4. The highest contempt incarceration of any Judge in New England (according to blogger Chris of Needham Ma on blog found at topix.com/city/newbedford
I am compiling an archive of articles and cases for the press and public to use in creating awareness/pressure for the Judge to resign. Case docket numbers and personal identities will be held in the strictest confidence unless use is authorized or required by the Governor's office/appointee for verification.
I hope that by focusing on the obvious need for discipline with Judge Livingstone, collectively we may be able to influence broader action in our Judicial system. To raise the bar on professionalism and to insist on enforcing the Justices directive to make decisions in the best interest of the children of every family as provided for in our current set of laws.
If you have personal experience in Judge Livingstone's court, or know of someone who is willing to contribute, please ask them to do one or more of the following:
1. Send a letter to the Governor citing the injustice witnessed/experienced. cc Press and cc me at:
Jane Smith UPS Box
759 CJC Hwy Rte 3A #263
Cohasset, MA 02025
or JaneSmithorg@aol.com
Please provide me with an email address to keep you informed, and let me know if you want your case/docket number and names held in confidence or shared publicly.
2. Break the silence and SHARE! Tell the stories of those who have been damaged by Judge Livingstone's bad decisions. Get over the insecurities and lack of confidence caused by his abuse - turn it into strength and focus.
3. Check in and participate in as many blogs about this topic as possible. See: w.topix.com/city/new-bedford-ma/2007/10/ex-city-lawyer-faces-misconduct-charges-as-probate-judge
4. Google Judge Livingstone regularly to learn of the hearing date, location and be at the hearing. Bring support in the form of friends and family.
5. Sit in the Judge's court and witness how he treats other cases. Take notes. Then sit in on another Judge and compare. Send me your observations - carefully. We do not want to violate other family's cases or identities. All case numbers will be held in confidence.
6. Send me and others your ideas for how to better get the word out.
Following is an excerpt from the letter I sent Governor Patrick in November. (Happy to publish full text if anyone likes, but it's long and this is supposed to be an introduction.)
Consider the impact of one Justice…
According to the 2002 U.S. Census there are an estimated 113,623 family households in
As we get better organized, we will let you know of other efforts to create awareness. In the meantime for more info. see articles in archives of www.SouthCoastToday.com re: Livingstone including how he lived in an illegal basement apartment in New Bedford, in a commercial building he owned.
THANK YOU in advance for caring enough to read this, hopefully participating in our efforts to expand awareness thus influencing action.
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