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