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Click Headline for Full Story
July 2009

June 2009
CONNECTICUT
Former Cendant Chairman's Divorce a Ploy to Dodge $3.2 Billion
Payout, Say Prosecutors
John
Christoffersen, The Associated Press, Law.com
6-19-09 --
The wife of
the man responsible for the largest accounting fraud of the
1990s has filed for divorce
-- but federal prosecutors say the timing suggests that they're
trying to avoid paying billions of dollars in penalties, not
that their marriage is on the rocks. . . . Prosecutors note that
former Cendant Corp. chairman Walter Forbes sold the family's
nearly $6 million, 11,000-square-foot, seven-bedroom Colonial
mansion to his wife, Caren, for $10 in 1999. . . . Caren Forbes,
who filed for divorce in Bridgeport Superior Court in January
and says their marriage of 27 years is "irretrievably" broken,
wants the court to transfer the property, which is subject to
liquidation, into her name, prosecutors said. . . . Forbes was
sentenced in 2007 to more than 12 years in prison and ordered to
pay restitution for his role in a fraud scheme that cost the
travel and real estate company and its investors more than $3
billion. . . . Prosecutors, who have accused Forbes of hiding
some assets to avoid paying the $3.275 billion penalty, say the
divorce filing is a ploy and have asked to intervene.
DISTRICT
OF COLUMBIA
Gay-Marriage Opponents Ask Judge to Stop the Clock
Posted by Mike DeBonis, Washington City Paper
6-18-09 --
Big showdown in D.C. Superior Court over gay marriage this
afternoon! . . . Here’s what’s going on: Opponents of the
gay-marriage-recognition law
passed this spring by the D.C. Council
are asking Judge Judith Retchin to step in and stop the law from
taking effect. That’d be a bare assertion of power by the
judge—and Retchin acknowledged as much: “I question whether the
court has the authority to stay the effective date.” . . . That
date is July 6, marking the end of the 30-day period during
which the U.S. Congress reviews the marriage-recognition
measure. It’s a quirk of D.C.’s serfdom that Congress gets this
approval window, and it’s a quirk that’s being exploited by the
anti-gay marriage lobby.
NEW
YORK
Failure to Supervise Pro Bono Attorney Dooms Divorce Pact
Judge finds ex-Skadden staff
attorney did not have the 'appropriate training and supervision'
to know whether her 'inaccurate and confusing' statements were
false
Noeleen G. Walder, New York Law Journal
6-18-09 --
In granting a woman's bid to void a settlement stipulation
because her pro bono divorce attorney made serious errors and
was inadequately supervised, a New York state judge has
cautioned law firms and volunteer groups that in taking on pro
bono cases, they should ensure that counsel "receive appropriate
support and supervision, so that they can provide pro bono
clients with the same careful legal representation that they
provide to paying clients." . . . The ruling comes at a time
when law firms facing a decline in legal business and a surplus
of attorneys are working with pro bono organizations to increase
the number of cases they already handle on a volunteer basis. .
. . The case before Acting Supreme Court Justice Ellen Gesmer,
MC v. GC, 76148/07,
involved a former
Skadden, Arps, Slate, Meagher & Flom
staff attorney, Lisa M. Poursine, referred to in the ruling as
"Ms. Smith," who provided free legal representation to Michele
A. Crespo for
inMotion, a non-profit
legal group that assists low-income women in matrimonial, family
and immigration law cases.
Obama Undermines Marriage With Same-Sex Benefits Memo
President ‘thumbed his nose at
the rule of law’ to placate gay critics, family advocates say.
by
Gary Schneeberger, editor CitizenLink.com
6-17-09 -- President
Barack Obama signed a presidential memorandum today that extends
many benefits now received by spouses of federal employees to
same-sex partners of federal employees. . . . Family advocates
say Obama’s action is a direct violation of the Defense of
Marriage Act (DOMA) and a big step toward redefining marriage. .
. . “The president thumbed his nose at the rule of law and
continues to undermine marriage as society’s most pro-child
institution,” said Tom Minnery, senior vice president of
government and public policy for Focus on the Family Action. . .
. “It’s a settled principle of moral tradition and social
science that says children do best with both a mom and a dad who
are married to each other. Congress already defined marriage for
purposes of federal law in 1996 with the passage of the Defense
of Marriage Act. . . . “Treating same-sex partners as the
equivalent of spouses is therefore a direct violation of DOMA
and merely Obama's contribution to the clearly-stated,
gay-activist agenda of redefining marriage and family.”
GENERAL
Recession Keeps Family Lawyers Busy
Wealthy couples buck the trend,
getting divorced in greater numbers
Tresa Baldas, The National Law Journal
6-16-09 --
The economy has family law attorneys working double-time as hard
financial times are wreaking havoc on America's broken families.
. . . Lawyers who specialize in divorce and custody disputes say
they have witnessed a flood of activity in family courts in
recent months: . . . • A rising number of spouses are requesting
that their child support and alimony obligations be modified,
citing hard times. . . . • More feuding couples are struggling
to reach divorce settlements because all the assets are worth
less. . . . • Many couples are putting divorce off altogether
because they can't afford it, while some wealthier ones are
actually seizing on the economy and getting divorced, knowing
that they'll have less to hand over to the other spouse. . . .
"We are jammed, jammed. I think it's because we have the
higher-end clients ... and the clients are pouring in," said
Lynne Gold-Bikin, who heads the family law practice at
Philadelphia's
Weber Gallagher Simpson Stapleton Fires & Newby.
"This is a great time for wealthy people to get divorced because
their assets are down. So if you want to keep the house, perfect
time. If you want to keep the 401(k), perfect time."
NEW
YORK
Judge Clarifies Abandonment Standard Over Denial of Sex
Vesselin Mitev, New York Law Journal
6-16-09 -- A husband's
refusal to have sex with his wife three times within a year was
enough to persuade a Long Island judge to grant the wife's petition for a
divorce on the ground of constructive abandonment. . . . While
noting the lack of a "definitive holding" as to how many
requests were needed to satisfy the abandonment standard
requiring "repeated" denial of such requests, Supreme Court
Justice Arthur M. Diamond of Nassau County, N.Y. (See
Profile), ruled in
B.M. v. M.M.,
203242/08, that three was adequate, given the facts of the case.
. . . B.M., a nurse, testified at a divorce trial in April that
she would have done "anything" to save her 28-year marriage to
M.M., a lawyer. The parties were married in August 1981 and have
two grown children. Ms. M. sued for divorce in 2008 on the
grounds of constructive abandonment, a claim Mr. M. denied. . .
. She recalled that her husband, who now contested the divorce,
told her in July 2003 that he wanted to end the marriage. In
response, she said she attempted to salvage their union by
spicing up their sex life, which "had been an issue."
OHIO
Child support law enforced equally, area officials say
By Ryan Carter, Herald Record
Staff Writer
6-15-09 -- "Why don't
women who owe child support go to jail?" . . . Two local men who
pay child support recently made claims that the mothers of their
children (who both have been ordered to pay child support) are
treated with more leniency when they fail to make their child
support payments. . . . "My ex-wife is supposed to be paying
child support on three of my kids," said a Fayette County man
who requested anonymity. "I've been paying child support to her
mother who has custody of the kids. I've already been locked up
a couple of times for not paying." . . . The man also claims
that his ex-wife hasn't paid any child support since 2003. . . .
"She lives in (another state) and when I ask the child support
agency why she can't be arrested, they tell me it's hard to
enforce it when she's out of state," he said. "I just don't
think it's right that they don't arrest her. I'm taking care of
my business now and she isn't. It's not right." . . . Another
local man who has custody of his youngest child said his
ex-girlfriend is also chronically late on child support
payments, yet nothing has been done. "I'm perfectly fine taking
care of my child and I like this setup," he said. "But if the
shoe was on the other foot, I would most likely be in trouble.
If you have a court order to do something, and in this case it's
to pay child support, you should have to do it or pay the
consequences." . . . However, a look at the records in Fayette
County Common Pleas Court shows that women who are charged with
felonies for non-support are punished with the same severity as
men. Just last week, Judge Steven Beathard sent a
Fayette County woman, Tina
Snyder, to prison for six months for non-support after she
violated her community control. . . . A comparison of men and
women who have the same amount of non-support violations showed
that they were treated by the courts nearly identically.
FEDERAL
COURTS
U.S. Moves to Dismiss First Federal Gay Marriage Case
Linda Deutsch, The Associated Press
6-12-09 -- The U.S.
Justice Department has moved to dismiss the first gay marriage
case filed in federal court, saying it is not the right venue to
tackle legal questions raised by a couple already married in
California. . . . The Justice Department motion, filed late
Thursday, argued that the case of Arthur Smelt and Christopher
Hammer does not address the right of gay couples to marry but
rather questions whether their marriage must be recognized
nationwide by states that have not approved gay marriage. . . .
"This case does not call upon the Court to pass judgment ... on
the legal or moral right of same-sex couples, such as plaintiffs
here, to be married," the motion states. "Plaintiffs are
married, and their challenge to the federal Defense of Marriage
Act ("DOMA") poses a different set of questions."
NEW YORK
Man Need Not Tap IRA Funds to Pay Legal Fees, Appeals Court
Rules
Noeleen G. Walder, New York Law Journal
6-11-09 --
A man whose matrimonial settlement left him with no liquid
assets to satisfy a $70,000 charging lien held by his former
attorneys does not have to use money from his $213,000 IRA
account to pay his legal bill, a New York state appeals court
ruled Monday. . . .
However, in the unsigned decision, an Appellate Division, 1st
Department, panel held that funds transferred to Antonio A.
Memmo from his ex-wife's IRA could be used to settle Mayerson
Stutman Abramowitz Royer's lien. . . . Last year, Memmo retained
Harold A. Mayerson to represent him in a divorce proceeding from
Elsa I. Perez. When Mayerson Stutman and Memmo had a falling
out, the firm sought to be relieved as counsel. Shortly
thereafter, Memmo, who allegedly owed roughly $100,000 in legal
fees, agreed that Mayerson Stutman would have a $70,000 charging
lien against Memmo and his share of the equitable distribution.
NORTH
CAROLINA
Lawyer issued reprimand after fee dispute
By
Ryan Jones, The Dispatch
6-10-09 -- A Lexington
lawyer was reprimanded by the Grievance Committee of the N.C.
State Bar for charging excessive and unnecessary fees while
representing a client in a divorce and equitable distribution
case. . . . According to the reprimand issued Feb. 12 and
published in the most recent issue of the N.C. State Bar
Journal, J. Calvin Cunningham, whose law office is at 18 S. Main
St., and his client agreed to a 40 percent contingency fee on
the equitable distribution matter and an hourly rate for the
divorce matter, with the understanding that the client would not
be able to pay her bill until she received a distribution. . . .
The grievance committee found that throughout the representation
Cunningham sent bills to his client for the divorce action that
included a $50 charge for each time he reviewed the bill and
another $50 charge for each time he sent a form letter to his
client enclosing the bill. . . . Such excessive charges
constitute dishonest task padding, the reprimand said, because
reviewing the bill is an “obligation every lawyer owes to a
client and is an overhead expense incidental to the practice of
law.”
WASHINGTON
Drive to stop gay partnership law is dividing conservatives
Some worry that a failed
referendum in Washington state would hurt their larger battle
down the road.
By
Kim Murphy The Los Angeles Times
6-8-09 -- Reporting from
Seattle -- A campaign to roll back gay rights that kicked off in
Washington state over the weekend has split the Christian
conservative community, with some wondering whether it is the
right time for a fight and others arguing that time may be
running out. . . . On the heels of the recent California Supreme
Court ruling that upheld Proposition 8's prohibition against
same-sex marriage, conservative groups here began collecting
signatures for a ballot referendum to block a new Washington
state law that substantially expands rights for domestic
partners. . . . The law that Democratic Gov. Chris Gregoire
signed in May has been dubbed the "everything but marriage"
bill. When it takes effect in July, it will expand previous
domestic partnership laws to include issues like adoption, child
support, pensions and other public-employee benefits.
NEW
HAMPSHIRE
N.H. becomes sixth state where gays can marry
By
Eric Moskowitz and Martin Finucane, Globe Staff
6-3-09 -- Traditionally
conservative New Hampshire today became the sixth state in the
nation -- and the fifth state in New England -- where same-sex
couples will be allowed to marry. . . . "Today we're standing up
for the liberties of same-sex couples by making clear they will
receive the same rights, responsibilities, and respect under New
Hampshire law," Governor John Lynch said before signing the
legislation in a State House ceremony at about 5:20 p.m. . . .
Lynch said it was a New Hampshire tradition "to come down on the
side of individual liberties and protections, and that tradition
continues today." The room, filled by scores of the bill's
supporters, resounded with applause as he signed. . . . "We're
thrilled to death," said Mo Baxley, executive director of the
New Hampshire Freedom to Marry Coalition. "We're equal. Equal
isn't nothing. Equal is everything." . . . Gay marriage is now
legal in Vermont, Maine, New Hampshire,
Connecticut, and Massachusetts -- all of the
new England states, except for Rhode Island. Gay marriage is
also legal in Iowa.
NEW
JERSEY
Lawyer Reprimanded for Alleged 'Cut You Up' Remark to
Adversary's Client
Henry Gottlieb, New Jersey Law Journal
6-3-09 -- The New Jersey
Supreme Court on Tuesday disciplined a lawyer who allegedly told
an opposing party, "I'm going to cut you up into bits and
pieces, put you into a box and send you to India and your
parents won't recognize you." . . . In reprimanding Maplewood
solo Joel Ziegler, a lawyer since 1966, the Court said he
violated rules requiring courtesy to participants in the legal
process and prohibiting conduct detrimental to the
administration of justice. . . . The incident that got Ziegler
in trouble occurred in the hallway of the Union County
Courthouse on Sept. 25, 2001, while he was representing Himanshu
Sharma in a domestic violence, custody and support case against
Sharma's wife, Anu Upadhyay. . . . Ziegler became incensed over
Upadhyay's testimony at a hearing before Superior Court Judge
Joseph Donohue. "His face was red, flushed," Upadhyay testified
later.
May 2009
KENTUCKY
Attorney: Protective Order Was Mistake In Murder-Suicide
Lex
18
5-29-09 -- The attorney
for the family of a 21-month old boy who police say was killed
by his father in murder-suicide earlier this week claim the
incident would not have happened if not for a protective order
filed against the mother that they say was a mistake. . . .
Police say Cole Frazier was killed by his father, Timothy
Frazier, before Timothy Frazier took his own life Tuesday night
in Nelson County. The incident happened
the day before the boy's mother, Candace Dempsey, was scheduled
to go to court with hopes of getting the protective order
against her dropped and her son returned. . . . When the order
was signed off by a judge, a police officer came and took Cole
Frazier away from Dempsey. However, her attorneys took a closer
into her claims, and they are citing the protective order
Timothy Frazier filed against her. While they say he requested
temporary custody of the child, they say the request was denied.
. . . According to the document, the judge stated, "if the
petitioner believes the child is in danger when with respondent,
he is referred to appropriate location of Cabinet for Heath and
Family Services or to law enforcement." . . . "There was no
probable cause for a circuit judge to believe this child should
be removed from its mother, yet police removed the child from
his mother," said Dempsey's attorney, Ron Hillerich. "There is a
separate box on this form where the judge could have ordered
temporary custody be given for Mr. Frazier, but he failed to
check that."
NEW
YORK
N.Y. Family Court Denied Jurisdiction to Hear
Same-Sex Support
Issue
Mark
Fass, New York Law Journal
5-29-09 --
Family Court does not have jurisdiction to order a woman with no
biological or legal ties to her former same-sex partner's son to
pay child support, a New York state appeals panel has ruled. . .
. The 3-2 ruling turned on the fact that the only New York
proceedings for determining parentage are paternity proceedings,
which resolve controversies regarding the fatherhood of a child.
. . . No similar vehicle exists for determining a child's mother
and, therefore, for the Family Court to order a woman with no
other biological or legal connection to a child to pay for his
or her support, according to an Appellate Division, 2nd
Department, panel. . . . The "plain language of numerous
provisions of Family Court Act article 5 [regarding paternity
proceedings] clearly and unambiguously indicates that a
proceeding thereunder will only involve a controversy concerning
a male's fatherhood of a child," Justice Joseph Covello wrote
for the majority in
H.M. v. E.T.,
2007-09323.
PENNSYLVANIA
Perry County judge performs wedding during man's criminal trial
by
The Associated Press, pennlive.com
5-29-09 -- A suburban
Philadelphia man asked a judge to perform a wedding ceremony
while the jury in the man's criminal trial was still
deliberating the verdict. . . . Timothy Zalut, 20, of
Doylestown, was on trial on assault charges this week in Bucks
County Court. When it appeared that he might have to go to jail,
Zalut decided to tie the knot with his fiancee, Hayley Dykstra.
Senior Judge C. Joseph Rehkamp, of Perry County, was presiding
over the trial. He agreed to perform the ceremony in chambers
while the jury was still out. . . . Dkystra said, "We wanted to
get married, and we were worried that we wouldn't get the
chance." . . . A plea bargain finally brought the trial to a
halt, and Rehkamp sentenced Zalut to five years of probation.
Former Agent Calls Sham Marriages 'Epidemic'
Written by Brian Maass, CBS4Denver
5-27-09 -- A former
immigration enforcement agent says he is seeing an "epidemic" of
fraudulent marriages where foreign women marry American men,
then claim domestic violence to escape the marriage and legally
remain in the U.S. . . . "What happens is they enter into a
one-sided sham marriage to defraud an American citizen into
believing they love him. And once they get in, they allege
domestic violence to get themselves out of the sham marriage and
to throw off suspicion this was a sham marriage to begin with,"
said John Sampson. . . . After 27 years as a U.S. Immigrations
investigator, Sampson retired then started up a business in
Aurora in January of this year to investigate suspected sham
marriages. He says in less than six months, he has heard from
200 men in Colorado and across the country who are convinced
they were used by foreign women then accused of being batterers.
Under the federal Violence Against Women Act (VAWA), foreign
women who file abuse claims against their American spouses can
obtain permanent resident status. . . . "It's something
completely different and pernicious and vile to seek out a U.S.
citizen and run a scam by them and entice them into marrying
them and not only abandoning and emotionally abusing them, but
falsely accusing them of a heinous act. They allege the U.S.
Citizen abused them somehow and file paperwork with (the U.S.
government) … and they're here to stay," said Sampson. "They
have an ace-high flush." . . . He claims the case of Roza
Alexanyan, who now lives in the Denver metro area, as an example
of this phenomenon. The 51-year-old woman is from
Sochi, a city in Russia. She
placed an Internet ad seeking a husband. It caught the attention
of Chris Hoppel, a registered nurse from Erie, Pa. The two
corresponded via e-mail for several years and Hoppel said he
fell in love. He traveled to Russia and married Alexanyan,
bringing her and her daughter back to the U.S.
|

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Sponsored by the faithful families of
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|
MASSACHUSETTS
Lawyer warned pals of trouble
Missing woman owes ex $1M
By
Laurel J. Sweet, Boston Herald
5-26-09 --
In a cryptic e-mail last month, missing attorney Cynthia Dziurgot
thanked two close friends for their support throughout her divorce
but warned, “There may be a few more bumps in the road” before the
13-year drama was over. . . . The two have not heard from her since.
. . . “I’m really worried. This is so out of character for her,” one
of the friends said, speaking on condition of anonymity. “It sounds
silly, but I thought she was like (Princess) Grace Kelly sometimes.”
. . . The Herald reported yesterday that U.S. Marshals have launched
a hunt for Dziurgot, 55, of Clinton. Judges in probate and
bankruptcy courts this month issued arrest warrants for Dziurgot
stemming from her weekslong disappearance and failure since last
year to pay her ex-husband, John Farnsworth, a nearly $1 million
settlement.
Lawyer locked in nasty divorce feud on the run
Split Decision
By
Laurel J. Sweet, Boston Herald
5-25-09 --
U.S. Marshals have launched an unlikely manhunt for a “prim and
proper” Clinton attorney and civic do-gooder who, embroiled in a
bitterly contested divorce, has not been seen or heard from in
weeks. . . . Cynthia Dziurgot’s disappearance has her family
frightened and friends questioning how well they really know the
rose gardener, who may be a fugitive. . . . Dziurgot, 55, is the
subject of two arrest warrants. A Worcester Probate and Family Court
judge is demanding she pay her ex-husband John Farnsworth nearly a
million dollars and her 21-room mansion is being sold out from under
her. . . . “We have no idea what’s going on. We’ll just pray for the
best,” said Dolores Karpeichik, 69, who last spoke with her sister
at a family gathering in Connecticut on Easter Sunday, April 12.
 
NEW
JERSEY
Reprimand Imposed on
Divorce Lawyer Who Made Retainers Nonrefundable
5-20-09 --
Use of nonrefundable retainer agreements in violation of a court
rule has drawn a reprimand for well-known matrimonial lawyer
Elliot Gourvitz. This is according to a decision just released,
accepting the findings of an ethics special master that in two
cases, Elliot Gourvitz Esq. violated the Rules of Court, barring
nonrefundable retainers, and, in a third, flouted an ethics rule
requiring return of unearned legal fees. In
The Matter of Elliot Gourvitz, New Jersey Supreme Court,
May 13, 2009
No-Fault Divorce: America’s Divorce Mill
by Judy Parejko, Catholic
Exchange
5-18-09 -- What is
no-fault divorce? . . . When you ask most people, they will say
it’s a mutual-consent process, or that it preserves privacy , or
that it eliminates blame for the failure of the marriage. . . .
Not many people will answer that it’s a lawsuit in which one
party is suing the other party. And even fewer will know that it
came from the Soviet Union. . . . Like previous divorce actions,
no-fault divorce is still a lawsuit, which means that one party
is invoking the state’s police powers against the other party.
The main difference now is that the person filing for divorce no
longer has to provide a reason for why they’re doing it. This
type of lawsuit is unique; it’s the only type of legal action
devoid of any ‘claim’ (complaint), and if the party being sued
doesn’t know the complaint, then there’s no possibility of a
defense. . . . As for the communist origins of no-fault divorce,
a 1975 law review article by Donald M. Bolas entitled, “No Fault
Divorce: Born in the Soviet Union?” explains how, after speaking
with Russian lawyers, he stumbled upon how Soviet divorce law
may have influenced our own laws. . . . Bolas explains that when
the Bolsheviks took over in 1917, religious marriages were no
longer recognized by the state. Marriage became a “state action”
and divorce became merely an administrative process known as
Russian Post Card Divorce. One spouse simply filled out the
paperwork at city hall and the other party was then notified by
mail that they were no longer married. Some people married
twenty times. There was also a ‘free love’ bureau where people
could sign up for partners.
MINNESOTA
Courts see recession-driven surge in child-support filings
The economy is driving uncoupled
parents back to court. One woman walked away with a house, then
watched it lose 25 percent of its value. While the squeeze hits
mothers and fathers, their kids also pay a price.
By
Rochelle Olson, Star Tribune
5-13-09 -- When rising
health care costs for Leah Moran's three children broke her
budget this spring, the single working mom from Bloomington took
their fathers back to court. The $340 she got per child just
wasn't cutting it in the current economy, she said. Moran's
situation represents one faced by a rising number of divorced or
estranged parents statewide: Stressed out in a stalled economy,
they're streaming to courthouses seeking adjustments to child
support obligations. . . . Family court calendars are becoming
backlogged, and family-law attorneys -- among the few in this
economy with job security -- are seeing caseloads balloon.
Meanwhile, family law experts worry about the emotional toll
that the increased litigating over child support inevitably will
take on the intended beneficiaries: the children.
NEW
YORK
Wife May Use Husband's E-Mails in Divorce Case
By
Mark Fass, New York Law Journal
5-13-09 -- In an upcoming
divorce trial, a Brooklyn woman may introduce e-mails
surreptitiously culled from her estranged husband's e-mail
account as evidence of his scheme to hide his true income, a
Supreme Court judge has ruled. . . .
Justice Jeffrey S. Sunshine said
the woman's accessing of her husband's account did not
constitute "eavesdropping" under
New
York's Penal Law and therefore does not render the e-mails
inadmissible. . . . The decision turned on the fact that the
wife looked at e-mails stored in her husband's account, rather
than intercepting e-mails while they were "in transit" to him. .
. . "It is this court's understanding from the reading of the
statute, legislative history and case law that the purpose of
Penal Law § 250.00 is to prohibit individuals from intercepting
communication going from one person to another, and in this case
an email from one person to another," Justice Sunshine wrote in
Gurevich v. Gurevich,
42358/07. "In the case at bar the email was not 'in transit,'
but stored in the email account."
MINNESOTA
Board: Goodhue County District Court judge should be
removed from bench
By
Frederick Melo, pioneerpress.com
5-12-09 -- The Minnesota
Board on Judicial Standards is recommending that a sitting
Goodhue County District Court judge be removed from the bench
for referring cases appearing before him to his personal divorce
lawyer for mediation — an arrangement that allegedly netted him
huge savings off his legal bills. . . . The decision against
Judge Timothy Blakely is more severe than the previous
recommendation from a three-member fact-finding panel that
called for the judge to be suspended for six months. . . . Two
of the 10 board members cast dissenting votes. . . . The board
opened an investigation in April 2007 into allegations that
Blakely had used his position as a judge to benefit himself by
referring divorce cases appearing before him to the legal firm
that handled his own divorce. Blakely was $109,000 in debt to
the firm, but two-thirds of his debt was forgiven after his
series of referrals.
MICHIGAN
Van Buren County judge has his own mandate for adoptive parents
by
Rosemary Parker | Kalamazoo Gazette
5-10-09 -- Gabe and
Allison Shockley began to arrange the adoption of their second
child early in the birth mother's pregnancy. They attended every
prenatal doctor's appointment. They were present at the baby's
birth in Indiana. . . . The couple
thought they had covered every detail. . . . But the Shockleys,
of Mattawan, didn't know about Van Buren County Probate Judge
Frank Willis' "moral commitment." . . . Willis requires parents
who adopt infants in his county to agree that one of them will
be home with the baby during the first year and won't work full
time during the baby's preschool years. Willis is perhaps the
only justice in Michigan to require such a pledge, which he
acknowledges is not legally binding and may be offensive and
outdated to some. . . . For the Shockleys, cutting in half their
combined $70,000 income wasn't an option. . . . "It wouldn't
have been possible to pay our mortgage and bills with one
income," Allison Shockley said.
NEW
JERSEY
Our divorce settlement: Till recession does it last
By
Jennifer Golson, Star-Ledger Staff
5-3-09 -- Michelle Copland
is 42 and relies on her ex-husband's child support to cover the
growing needs of their two daughters, one a teenager, the other
a preteen. . . . Scott Caridi is 46 and collecting unemployment
as he tries to drum up business for a North Jersey construction
company. "If they get work, I get work again." His own company
went out of business. . . . The former couple from Bergen County
was married for almost 10 years until divorcing in 2003. For
most of the time since then, Caridi paid $700 a week in alimony
and $500 in child support. When the alimony ended, the child
support bumped to $700 a week. . . . Then, Copland said, the
checks stopped showing up and Caridi fell $6,000 behind. . . .
With no work and another family to support, Caridi did what a
growing number of divorced men and women are doing: They are
filing for reductions in alimony and child support obligations.
. . . While the Administrative Office of the Courts does not
maintain statistics on the issue, lawyers and judges across the
state say the recession is fueling a dramatic increase in
applications to change divorce settlements.
NEW YORK
Stories sought for parents' rights pamphlet
Oneonta Daily Star
5-2-09 -- Dilip Sengupta,
formerly of Delhi, is inviting area residents to share their
stories about parental alienation as part of a project of the
Association for the protection of the Rights of Non-Custodial
Parents. . . . Stories are being compiled in the forum section
of the ARNCP's website, http://parental-rights.webs.com, where
more information on the project is also available. . . .
Sengupta, president and founding member of the ARNCP, said he
plans to compile the stories into a pamphlet titled "Left Out in
the Cold," copies of which will be sent to Vice President Joseph
Biden and Congressman Ron Paul in an effort to raise awareness
of issues faced by noncustodial parents.
|

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Lary Holland, Get
Your Justice Live
Get Your Justice Live
is an interactive internet talk radio show that
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. . .
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April 2009
NEW
YORK
Former Attorney's 'Sporadic' Economic Support Results in Small
Share of Marital Property
Vesselin Mitev, New York Law Journal
4-30-09 --
A disbarred attorney who provided "limited, sporadic, unreliable
and inconsistent" support to the "economic partnership" of a
17-year marriage should receive only 35 percent of the couple's
property, a New York judge has ruled. . . . "The Court finds
that during the marriage ... the Wife provided a substantial
share of the financial and day-to-day support in maintaining the
household ... includ[ing] working full-time, being the primary
caregiver for their son and ... providing for the consistent and
reliable income flow the family enjoyed," Acting Supreme Court
Justice Mark D. Cohen of Suffolk County wrote in
Glassberg v. Glassberg,
24307/05. . . . Marc Glassberg, an English teacher who went to
law school at night, married Dorene Glassberg, a special
education teacher, in 1988, a second marriage for both. The
parties have one child, born in 1989. Ms. Glassberg filed for
divorce in October 2005.
FLORIDA
Broken Heart Could Cost Ex-Boyfriend in Court
Daily Business Review
4-24-09 -- Kris Shubert is
putting a price on heartbreak -- and it's more than $1 million.
. . . She sued former boyfriend Kurt Wiksten in Palm Beach
Circuit Court, claiming her decision to quit her job, sell her
home and move to Texas to be with him was based on lies and left
her with a personal financial mess. . . . The complaint filed
this week contends Wiksten concealed financial and legal
problems from Shubert, including tax liens and a bench warrant
for failing to appear on a drunken driving charge. . . . "Wiksten
had a duty to Shubert to disclose any negative aspects of his
past to her before she enters into a personal relationship with
him," the complaint said. . . . The two met in October 2003, and
Shubert's lawsuit said she moved to
Texas with a promise of
marriage.
IOWA
Iowa judge to stop performing marriages
By
Jason Clayworth
4-23-09 -- At least one
Iowa magistrate has decided that he will no longer perform
marriages, a response due in part to the Iowa Supreme Court
ruling that allows same-sex couples to marry. . . . Third
District Magistrate Francis Honrath of Larchwood on Wednesday
said he will not be performing marriages. . . . "The Supreme
Court ruling had something to do with it, but the truth is it's
not just same-sex marriage I had problems with," said Honrath, a
Creighton University law school graduate who is married and has
seven children. . . . More judges are expected to take similar
action, which could make it challenging for even heterosexuals
to marry, a political science professor, a chief district court
judge and a same-sex marriage opponent speculated.
NEW
YORK
Judges Resist Bids to Upset Child Support in Face of Economic
Upheaval
Vesselin Mitev, New York Law Journal
4-23-09 --
A pair of Nassau County Supreme Court rulings rejecting bids by
parents to reduce child support obligations are indicative of
judicial reluctance to disturb support agreements even in light
of the faltering economy, attorneys said. . . . In one case,
Justice Anthony J. Falanga found that a man who lost his
six-figure job but received a severance package worth more than
$150,000 cannot seek to reduce his child support obligations and
called the man's application "unfathomable." . . . Meanwhile,
Justice Timothy S. Driscoll declined to reduce the support
payments of a man who lives in his girlfriend's $2.1 million
home, which is equipped with a pool and tennis court. . . . In
Cox v. Cox,
03-203416, Falanga denied a motion by John Cox to decrease his
$19,800 annual child support payment, citing Cox's hefty
$150,000 severance package.
OHIO
Lawyer asks Ohio Supreme Court to remove Judge Leslie Ann
Celebrezze from divorce case
Posted by Rachel Dissell and James F. McCarty / Plain Dealer
Reporters
4-20-09 -- A husband
embroiled in a protracted divorce case has accused a Cuyahoga
County Domestic Relations Court judge of bias because her friend
and campaign treasurer is working as the receiver in charge of
assets in the case. . . . Marc Strauss, an attorney and wealthy
real estate developer from Willoughby, asked the Ohio Supreme
Court last week to remove Judge Leslie Ann Celebrezze from his
case. He argues that the appointment of Mark Dottore as receiver
was improper and prejudicial because of Dottore's close ties to
Celebrezze and her family, including her father, whose judgeship
she took over when he retired.
GEORGIA
Ga. chief justice eyes mission of curbing divorces
By
Greg Bluestein - Associated Press Writer
4-10-09 -- The
anti-smoking movement helped snuff out rising tobacco use rates.
Now, Georgia Chief Justice Leah Ward Sears says a similar
campaign is needed to reverse an uptick in divorces. . . .
Sears, who is stepping down from the court on June 30, told an
audience Thursday in Athens she will spend a "substantial
amount" of time after leaving the court working to reinvigorate
marriages and discourage divorce and family abandonment. . . .
Some 43 percent of all marriages end in divorce within 15 years,
according to the Centers for Disease Control and Prevention. . .
. Sears, who is divorced, pointed to statistics that showed
children of divorced couples face increased risks of poverty,
child abuse, emotional distress and mental illness. . . . In
Georgia, more than 60 percent of
all civil cases heard at the trial court level involve issues
concerning children and families - more than all criminal cases
combined. . . . "As a mechanism for signaling to young people
the right time and the right person with whom to have a baby,
marriage has no peer," she said in prepared remarks. "Marriage
is also the best child welfare, crime prevention and
anti-poverty program we have. We must, therefore, protect it."
MICHIGAN
Incredulous Judge Throws Dog Sperm Flap Out of Court
By
The Associated Press | New York Lawyer
4-9-09 -- The judge
wondered if she was an unwitting participant in an episode of
"Candid Camera" or "Punk'd." . . . Oakland County Family Court
Judge Cheryl Matthews wasn't. She just had a front-bench seat
Wednesday for a feud between a divorced couple over who gets
frozen sperm from bull mastiffs they bred in happier times. . .
. When Anthony and Karen Scully split in 2002, they divvied up
the six bull mastiffs they owned. He kept four; she took two.
Now, they're fighting over who owns the semen from Cyrus, Regg
and Romeo that's being stored at a center in Sterling Heights.
Parental rights: The new wedge issue
By
Andie Coller, Politico
4-8-09 -- If there were a
recipe for creating a new conservative culture-wars issue, it
might look something like this: Start with the United Nations,
fold in the prospect of an expanded role for government in
children’s lives, add some unfortunate court decisions, then
toss in Barbara Boxer and Hillary Clinton. . . . And indeed,
when House Republicans recently found themselves with all these
ingredients at hand, Rep. Pete Hoekstra (R-Mich.) started
pre-heating the oven. . . . Hoekstra last week introduced a bill
in the House to amend the U.S. Constitution to permanently
“enshrine” in American society an inviolable set of parents’
rights. The bill had 70 co-sponsors, all Republicans, including
Minority Whip Eric Cantor and Minority Leader John A. Boehner. .
. . The bill, said Hoekstra, is intended to stem the “slow
erosion” of parents’ rights and to circumvent the effects of a
United Nations treaty he believes “clearly undermines parental
rights in the United States.” . . . The treaty to which he
refers is the U.N. Convention on the Rights of the Child, a
20-year-old document signed by President Bill Clinton in 1995
but never ratified. The treaty sets international standards for
government obligations to children in areas that range from
protection from abuse and exploitation to ensuring a child’s
right to free expression.
TEXAS
Texas Judge Allows Collection of Dead Son's Sperm
The
Associated Press, Law.com
4-8-09 -- A judge has
granted a mother's request to have someone harvest sperm from
her dead son's body, so she can have the option of carrying out
his wish to have children. . . . Nikolas Colton Evans, 21, died
Sunday at a Brackenridge hospital after being punched and
falling outside a bar in Austin, Texas, on March 27. . . . His
mother, Marissa Evans, told the Austin American-Statesman
newspaper that he wanted to have three sons someday and had even
picked out their names: Hunter, Tod and Van. . . . "I want him
to live on. I want to keep a piece of him," she told the
newspaper. . . . Travis County Probate Judge Guy Herman ruled
Monday in an emergency hearing requested by the mother, because
of the urgency of collecting the sperm intact. . . . Court
documents said the sperm had to be collected within 24 hours of
Nikolas Evans being removed from life support unless the body
was cooled to no more than 39.2 degrees.

March 2009
CALIFORNIA
Parents' contempt jailings struck down
Juvenile courts lose compliance
mechanism
By
Greg Moran, (Union-Tribune Staff Writer
3-31-09 --San Diego judges
who preside over child welfare cases will no longer be able to
send parents to jail for contempt of court because they failed
in substance abuse recovery programs, the California Supreme
Court ruled yesterday. . . . The 6-1 decision struck down a
practice that has been in place in San Diego juvenile court
since 1998 and sends scores of parents to county jails each
year. . . . Associate Justice Carol Corrigan wrote that the
county had to stop the practice because it was not authorized by
state laws governing child welfare cases, which are heard in
juvenile dependency courts. . . . Those courts hear cases in
which children have been removed from their parents by the state
because of abuse or neglect. Parents can get their children back
if they fulfill the terms of a court-ordered reunification plan.
NEW
YORK
State Court of Appeals to Hear Two Same-Sex Marriage Cases
By
Jeremy W. Peters, New York Times
3-31-09 --The state’s
highest court agreed on Tuesday to hear arguments in two cases
that challenge New York’s recognition of same-sex marriages
legally performed elsewhere. . . . Lower courts have already
sided with two government entities that revised their policies
to honor the marriages, but those decisions were appealed by the
Alliance Defense Fund, a Christian group that is waging multiple
legal battles in New York to stop state and local entities from
recognizing marriages of same-sex couples who were wed in
places, like Massachusetts and Canada, where the ceremony is
legal. . . . Neither case involved Gov. David A. Paterson’s
directive last May that ordered state agencies to recognize
legal same-sex marriages performed outside New York State. . . .
One case, Godfrey v. Spano, stems from the Westchester County
executive’s 2006 decision to begin officially honoring
out-of-state marriage licenses for gay couples the same way it
did for heterosexual couples.
Who will raise kids: Mom, Dad or state?
Parental rights: 67 in Congress
pushing to amend Constitution
Posted: March 29, 2009
By
Drew Zahn, © 2009 WorldNetDaily
3-29-09 -- Though efforts
to pass a constitutional amendment protecting parental rights
have failed in the past, two U.S. legislators are preparing to
reintroduce the idea this week; and this time, they say, the
effort is backed by more than 60 congressional members. . . .
Rep. Peter Hoekstra, R-Mich., who introduced a parental rights
amendment by himself last year, told the Agence France-Presse
that he will be joined by Sen. Jim DeMint, R-S.C., on Tuesday as
they renew the fight. . . . According to a statement released to
AFP by Hoekstra's office, the amendment "would clearly outline
in the U.S. Constitution that parents, not government or any
other organization, have a fundamental right to raise their
children as they see fit." . . . "At a time when government at
every level seems to encroach upon the ability of parents to
choose the best for their children," Hoekstra writes on his
website, "it is important to preserve parental rights into the
Constitution." . . . Last summer Hoekstra introduced H.J.R. 97,
proposing a constitutional amendment stating that the liberty of
parents to direct the upbringing and education of their children
is a fundamental right that cannot be infringed upon by federal,
state, or international treaty law without demonstrating
government interest "of the highest order." Hoekstra asserts
that legitimate cases of abuse and neglect fall under the
"demonstrated government interest" clause.
NEW
YORK
Straying Wife's Fault Not 'Egregious' Enough for Penalty, N.Y.
Court Finds
Finding of 'egregious fault' ultimately would have reduced the
wife's share of the couple's property
Noeleen G. Walder, New York Law Journal
3-19-09 --
An attorney embroiled in a divorce proceeding cannot penalize
his wife for allegedly duping him into thinking that his
youngest son, the product of an affair, was his biological
child, a New York state appeals court has ruled. . . . Howard S.
sought "liberal discovery" to prove that his estranged spouse
was guilty of "egregious fault," which ultimately would have
reduced her share of the couple's property. Additionally, he
sought damages he claimed stemmed from Lillian S.'s alleged
fraud. . . . However, in a 4-1 ruling written by Justice Helen
E. Freedman, the Appellate Division, 1st Department, held in
Howard S. v. Lillian S.,
4563, that "while defendant's alleged misconduct cannot be
condoned and is clearly violative of the marital relationship,
it does not rise to the level of egregious fault, since
defendant neither endangered the lives or physical well-being of
family members, nor deliberately embarked on a course designed
to inflict extreme emotional or physical abuse upon them."
US Congressman Pete Hoekstra and Phyllis Schlafly of Eagle Forum
Discuss Parental Rights on Get Your Justice Live
Congressman Pete Hoekstra (R-MI) discusses his upcoming
reintroduction of the former Parental Rights Amendment from 2008
into the 111th Congress. The Congressman confirmed that efforts
from citizens are working with an increase from 24 co-sponsors
to 54 co-sponsors to the proposed Parental Rights Amendment.
Wendy Wright, President of Concerned Women for America, will be
on an upcoming episode. We were also joined by Phyllis Schlafly
of Eagle Form. Congressman Hoekstra stated very clearly that “I
don’t want anybody coming between the parents and the kids, and
creating a barrier.” . . . The language is simple: “The liberty
of parents to direct the upbringing and education of their
children is a fundamental right.“ The Congressman demonstrated
clear examples of where parents make a better caregiver than the
government. Congressman Hoekstra further said that one of the
causes of the erosion of our parental rights is government
growth, “Men of zeal who lack understanding,” people that
basically mean well but who lack understanding. It is imperative
that we protect our parental rights from both domestic and
international government intrusions, but that means discussing
our concerns consistently with our government officials. . . .
Phyllis Schlafly discussed the erosion of parental rights, the
rogue judiciary that are taking away parental rights, and the
role of the multi-issue lobbying organization model. Phyllis
also discussed the issue of bad welfare policy destroying
fatherhood. I offered the statement again as I do with every
single organization which is “Parental Rights should be
respected and protected by all,” which strikes the proper cord.
This is an issue about children needing their decisions to be
made by those that know them best, their parents. . . . This is
just one of a series of broadcasts about the importance of
parental rights in America. The god-given right of children
being led by their parents and not the government. We are
leading a major fight to reject government usurpation of our
parental rights.
IOWA
Iowa judge rejects Davenport parental ordinance
By
Amy Lorentzen | Associated Press Writer , Chicago Tribune
3-25-09 – A Scott County judge has ruled that the
city of Davenport's parental responsibility ordinance is
unconstitutional and cannot be enforced. . . . In his ruling
issued Monday, Judge Gary McKenrick said the ordinance is
overbroad and denies due process rights under the state and
federal constitutions. . . . That's because under the ordinance,
there is no independent or judicial determination that
delinquent acts were committed. . . . McKenrick noted that the
city only needs to prove a police officer determined there was
probable cause to believe a child committed delinquent acts,
with the burden falling on the parent to rebut that presumption.
CONNECTICUT
Postnup’s $43M Divorce Settlement Isn’t Enough, Executive’s Wife
Says
By
Martha Neil, ABA Journal
3-18-09 --
Married since 2002 to George David, who is now chairman of the
board of United Technologies Corp., Swedish countess Marie
Douglas-David is entitled to a $43 million divorce settlement
under a 2005 postnuptial agreement between the now-warring
spouses. . . . But that's not enough, she contends, for one who
needs $53,000 a week to cover ordinary living expenses,
according to the
Hartford Courant and an
earlier
Connecticut Law Tribune
article. . . . In a high-profile Connecticut trial that begins
today and is expected to set a new record high for a divorce
judgment in the state, she is likely to argue that the postnup
is unenforceable.
NEW
YORK
Discovery Denied in N.Y. Lawyer’s Fraud Claim Concerning Claimed
Affair
By
Martha Neil, ABA Journal
3-18-09 --
Seeking to reduce his divorce settlement in a state that still
attributes fault between spouses in divorces, a New York lawyer
tried to get "liberal discovery" concerning his claim that DNA
evidence proves his youngest child was the product of an affair
between his wife and a building contractor. . . . But a divided
panel of the Appellate Division, First Department, shot down the
fraud claim asserted by Howard S., saying that it did not amount
to "egregious fraud," reports the
New York Law Journal in
an article reprinted by New York Lawyer (reg. req.). The issue
was decided in an interlocutory appeal of the case, after a
trial judge also denied the lawyer's discovery request. . . . "[W]hile
defendant's alleged misconduct cannot be condoned and is clearly
violative of the marital relationship, it does not rise to the
level of egregious fault, since defendant neither endangered the
lives or physical well-being of family members, nor deliberately
embarked on a course designed to inflict extreme emotional or
physical abuse upon them," the appellate majority writes in its
4-1 opinion.
Lawyer May Collect Fee Despite Billing Slip-Up
Vesselin Mitev, New York Law Journal
3-18-09 --
A divorce attorney who failed to bill his client at statutory
60-day intervals can still collect a fee for his services, a New
York state judge has ruled. . . . "Although an attorney's
failure to provide itemized bills at least every 60 days will
preclude collection of a fee for services rendered ... where
there has been 'substantial compliance' with the rules, recovery
of fees has been allowed," Brooklyn Supreme Court Justice Mark
I. Partnow held in Edelstein v. Greisman, 18848/08. . . . Saul
Edelstein, a partner in
The Edelsteins, Faegenburg & Brown
in Manhattan, was retained by Abraham Greisman in June 2004 and
discharged two years later.
 
MINNESOTA
Censure and suspension recommended for Judge Blakely
Jane
Lightbourn The Hastings Star-Gazette
3-16-09 -- Following last
week's recommendation by a three-member panel that Dakota County
Judge Timothy Blakely should be censured and suspended for six
months, the Minnesota Supreme Court will make the final
decision. . . . The three-members on the panel are Edward
Stringer, retired Supreme Court justice, and Lawrence Redmond
and Allen Oleisky, retired District Court judges who were
appointed last fall to make recommendations about Blakely's
behavior during his divorce proceedings, which began in 2002,
and subsequent referrals for his attorney to participate in
mandatory pretrial mediations in cases he presided over in both
Dakota and Goodhue counties. Blakely's attorneys were certified
family court neutrals, providing services to parties involved in
divorce proceedings. They were paid for their services.
PENNSYLVANIA
Juveniles may get relief in judicial miscarriage
Special judge submits
recommendations
By
John Sullivan, Philadelphia Inquirer
3-14-09 -- Relief may be
on the way for hundreds of juveniles caught in the maw of a
judicial kickback scheme in Luzerne County. . . . A special
judge the state Supreme Court appointed to review thousands of
juvenile cases in the county submitted his initial
recommendations yesterday in what is likely to be the first step
in the unraveling of what could be one of the largest legal
tangles in the state. . . . Now the state's highest court must
decide what action to take on behalf of juveniles who appeared
before Luzerne County Juvenile Judge Mark Ciavarella, who --
along with another Luzerne County judge, Michael T. Conahan --
has since pleaded guilty to taking millions of dollars in
payments from two centers where he sent juveniles.
MINNESOTA
State ethics panel calls for judge's suspension
The rare recommendation is for
Judge Timothy Blakely, who sent business to a divorce lawyer and
got a $63,503 discount.
By
Rochelle Olson, Star Tribune
|

Timothy Blakely,
Star Tribune |
3-12-09 -- A Minnesota
judge who steered business to a divorce lawyer who gave him a
large discount should face the rare sanction of being suspended
six months without pay, a judicial ethics panel recommended
Wednesday. . . . The three-member panel of the state Board on
Judicial Standards recommended censure and time off the bench
and payroll for District Judge Timothy Blakely, who sits in
Goodhue and Dakota counties. . . . Led by former Supreme Court
Justice Edward Stringer, the panel found "clear and convincing
evidence" that Blakely violated judicial rules and codes by
accepting a $63,503 markdown on his $108,876 divorce after
appointing his attorney many times as a mediator in cases he
oversaw. . . . A Supreme Court ruling is months away, but
Blakely could become the first judge suspended since 1993. Only
four judges have been suspended in the 35-year history of the
board, according to executive secretary David Paull.
NEW
JERSEY
New Business for Courts: Pet Custody
Judges
may invoke specific performance remedy, N.J. appeals panel says
Mary
Pat Gallagher, New Jersey Law Journal
3-12-09 --
When couples break up, judges can decide who gets custody of
pets based on their unique sentimental value, a New Jersey
appeals court ruled Tuesday, setting a precedent in the state. .
. . The published opinion in
Houseman v. Dare (pdf),
A-2415-07, reverses a trial court's finding that pets differ
from personal property like heirlooms, family treasures and
works of art and therefore that the equitable remedy of specific
performance is not available. . . . Appellate Division Judges
Jane Grall, Stephen Skillman and Ronald Graves found that
determination erroneous as a matter of law and remanded for
further proceedings. . . . "There is no reason for a court of
equity to be more wary in resolving competing claims for
possession of a pet, based on one party's sincere affection for
and attachment to it than in resolving competing claims based on
one party's sincere sentiment for an inanimate object based on a
relationship with the donor," Grall wrote.
 
NEW
YORK
First Prenuptial Pact by Hermes Heir Is Valid One, N.Y. Judge
Finds
Mark
Fass, New York Law Journal
3-13-09 --
A New York premarital agreement signed by an heir to the
Hermes fortune is valid,
even though a subsequent French agreement the couple signed may
have failed to include exclusions anticipated by the initial
agreement, a Manhattan judge has held. . . . Mathias Guerrand-Hermes
argued that the court should throw out the New York prenuptial
on the grounds of "mutual mistake." Both parties believed the
French agreement, which they signed two days later, would
include substantial waivers of property rights by the wife. The
French waivers, it turns out, may not have been as strong as one
or both parties originally believed. . . . Manhattan Supreme
Court Justice Harold Beeler rejected Mr. Guerrand-Hermes' motion
on several grounds, including that any potential mistake
occurred after the first agreement was ratified, and therefore
had no bearing on its validity.
MISSISSIPPI
How to Win a New Trial: Claim the Lower Court Judge Badgered You
Leigh Jones, The National Law Journal
3-11-09 --
A Mississippi woman embroiled in a custody battle has won a new
trial from the state's Supreme Court, which found that the she
was badgered by a lower court judge who accused her of having
"diarrhea of the mouth." . . . The Mississippi Supreme Court
found that Glenn Alderson, a chancery court judge in Oxford,
Miss., violated the state's
Code of Judicial Conduct
when he told the plaintiff that she "schemed" to keep her child
away from her ex-husband, and when he called her expert witness,
a psychologist, a "yo-yo-head." . . . The Supreme Court's
decision reverses an appeals court ruling, which found that
although Alderson's conduct was improper, it was harmless error
and did not warrant a new trial. . . . The judge's remarks in
Schmidt v. Bermudez, No. 2006-CT-00765-SCT, stemmed from repeated questions he asked the plaintiff, Amanda
Bermudez Schmidt, as to why she had signed a separation
agreement and a joint child custody and visitation agreement but
later sought full custody of her child. "You wanted out of a
marriage to marry your sweetie and get out of Dodge, that's what
it boiled down to," the judge said at one point, according to
the decision.
NORTH
CAROLINA
Judge orders homeschoolers into public district classrooms
Decides children need more
'focus' despite testing above grade levels
By
Bob Unruh, © 2009 WorldNetDaily
3-11-09 --
A North Carolina judge has ordered three children to attend
public schools this fall because the homeschooling their mother
has provided over the last four years needs to be "challenged."
. . . The children, however, have tested above their grade
levels – by as much as two years. . . . The decision is raising
eyebrows among homeschooling families, and one friend of the
mother has launched
a website to publicize
the issue. . . . The ruling was made by Judge Ned Mangum of Wake
County, who was handling a divorce
proceeding for Thomas and Venessa Mills. . . . A statement
released by a publicist working for the mother, whose children
now are 10, 11 and 12, said Mangum stripped her of her right to
decide what is best for her children's education. . . .
The judge, when contacted by WND,
explained his goal in ordering the children to register and
attend a public school was to make sure they have a "more
well-rounded education." . . . "I thought Ms. Mills had done a
good job [in homeschooling]," he said. "It was great for them to
have that access, and [I had] no problems with homeschooling. I
said public schooling would be a good complement."
VIRGINIA
Trial date set for Hub City lawyer
Hattiesburg Amercan
3-11-09 -- The trial of a
Hattiesburg lawyer, who is charged with sending threatening text
messages to his ex-wife, has been set for March 18. . . . Thomas
Dale Beavers II was arrested in November after he was served an
indictment for threatening his ex-wife, Christy Beavers. . . .
Beavers is charged with one count of cyberstalking. . . .
According to an indictment, Beavers sent threatening messages to
his ex-wife through his cell phone on or about June 15.
CALIFORNIA
Calif. Justices Appear Likely to Uphold Ban on Gay Marriage
Mike
McKee, The Recorder
3-6-09 --
Same-sex marriage is history in California. . . . That was
quickly apparent Thursday when two justices who backed marriage
for gays and lesbians last year signaled they intend to uphold
the measure that took that right away. . . .
Chief Justice Ronald George
and Justice Joyce Kennard, who helped form the
4-3 majority that let same-sex couples wed
for six months last year, gave all indications that Proposition
8 -- as unpalatable as it might be to them -- must be accepted
as the will of the people. . . . "Our task is quite limited,"
Kennard told anti-Prop 8 lawyers during oral arguments in San
Francisco. "The people are those who have created the
Constitution and what you are overlooking is the people's broad
power to amend the Constitution."
NEW
YORK
Parents Denied Right to Dead Son's Sperm
Noeleen G. Walder, New York Law Journal
3-4-09 --
More than a decade after a fatally ill man deposited his sperm
at a tissue bank, a New York appeals court has rebuffed the plea
of his parents to use the sperm for conception of a grandchild,
clearing the way for the destruction of the sample. . . . In a
unanimous ruling, the Appellate Division, 1st Department, held
that Mark Speranza's parents' proposal to use their dead son's
semen to artificially impregnate a surrogate would
"fundamentally violate" 10 NYCRR 52-8.6(g), which requires sperm
donors to be screened before their specimens are donated to the
public. . . . "Since the purpose of this statute is to protect
the surrogate mother, and thereby the general public, from
disease, we cannot countenance avoidance of the regulations'
dictates, even though we recognize the joy that ignoring the
regulations could bring to plaintiffs," Justice David B. Saxe
wrote for the panel in
Speranza v. Repro Lab Inc.,
5121N.
NY Lawyer Can Evict His
Attorney-Soon-to-Be-Ex-Daughter-in-Law Out of His House
By
Vesselin Mitev, New York Lawyer
Attorney Granted Right to Evict
Daughter-in-Law Found to Be Licensee
3-4-09 -- A Long Island
attorney can evict his daughter-in-law from the beach cottage
she shared with his son prior to their estrangement, a state
judge has ruled in what the judge called an apparent case of
first impression. . . . Dawn Fasano, also an attorney, claimed
she could not be forced to leave the Oyster Bay home, as she
became a family member of Lawrence M. Lally when she married his
son in 2001. . . . But District Court Judge Scott Fairgrieve of
Nassau
County rejected that argument. . .
. "As the relationship between a father-in-law and
daughter-in-law would not ordinarily be recognized as part of
the traditional nuclear family, this court acknowledges that it
would be necessary to evaluate the relationship in the context
of the 'reality of family life,'" Judge Fairgrieve wrote in
Lally v. Fasano,
6202/08.
|
 
February 2009
NEW YORK
Referee Rejects Compensation for Kidney
in Divorce Case
Vesselin
Mitev, New York Law Journal
2-26-09 --
A Long Island, N.Y., surgeon's bid to
seek $1.5 million for the kidney he
donated to his estranged wife "not only
runs afoul" of public policy, but may
expose him to criminal prosecution, a
Nassau County, N.Y., court referee ruled
Wednesday. . . . "At its core, the
defendant's claim inappropriately
equates human organs with commodities,"
Referee A. Jeffrey Grob wrote in
Batista v. Batista, Jr.,
201931/05. Grob noted that while the
term "marital property" is "elastic and
expansive ... its reach, in this Court's
view, does not stretch into the ether
and embrace, in contravention of this
State's public policy, human tissues or
organs." . . . The four-year-old divorce
case between vascular surgeon Richard J.
Batista Jr. and his wife, Dawnell C.
Batista, gained worldwide notoriety in
January when Dr. Batista and his
attorney, Garden City, N.Y.'s Dominick
Barbara, held a press conference
announcing their intentions to seek
compensation for the organ. Barbara
petitioned the court for a stay to
produce an expert who could testify as
to the value of the organ.
NEVADA
Judge charged with domestic battery to
plead guilty today
By Jeff
German
2-25-09 --Las
Vegas Justice of the Peace Tony
Abbatangelo is slated to plead guilty to
a misdemeanor domestic battery charge
today. . . . District Attorney David
Roger said there is no plea agreement
with Abbatangelo, but his office is
recommending the minimum punishment.
Roger said that is what the office would
do for any first-time offender. . . .
Abbatangelo “is being treated the same
as any other citizen,” Roger said. . . .
The minimum sentence calls for two days
behind bars at the Clark County Detention Center, 48
hours of community service, six months
of domestic violence counseling and a
$200 fine, Roger said. . . . Abbatangelo,
43, who is up for reelection in 2010,
also faces potential sanctions from the
Nevada Judicial Discipline Commission,
which courthouse sources said has
requested copies of the police reports
of the Nov. 12 altercation between
Abbatangelo and his wife, Sue, who is
the sister of District Judge Michelle
Leavitt.
NEW YORK
I-Team 10 investigation: Family court
judge censured
WHEC-TV,
MSNBC
2-25-09 --The
State Commission on Judicial Conduct has
censured Monroe County Family Court
Judge Dandrea Ruhlmann for repeatedly
making her personal secretary perform
personal services. . . . Judge Dandrea
Ruhlmann says it was a misunderstanding.
Today, her actions brought about a
public censure from the state. . . . In
a
written decision, the
Commission on Judicial Conduct found
Ruhlmann breached the public trust.
Administrator of the Commission, Robert
Tembeckjian said, "Tax funds were being
used to pay someone who, at the time, on
certain limited occasions was actually
doing private non-government work for
the judge and that's really the serious
misconduct here." . . . What was the
private non-government work?
Specifically, Ruhlmann had her secretary
Kimberly Keskin babysitting the judge's
two young children at the courthouse
during court hours. She also made Keskin
type up personal documents, such as a
resume for the judge's husband, a former
assistant district attorney.
MARYLAND
A Black Eye for Justice
Domestic
violence legislation in Maryland should
protect victims, not abusive officers.
Washington Post Editorial
2-23-09 --
POLICE OFFICERS ought to be ardent
supporters of legislation to take guns
away from domestic abuse suspects. After
all, it's the officers' responsibility
to uphold the law, and abuse suspects
use handguns and rifles to break it at
alarming rates; half of the 75
domestic-violence-related homicides in
Maryland last year involved guns. It is
unconscionable, then, that the Maryland
Fraternal Order of Police is pushing an
exemption for police officers. The
union's attempt to shield abusive
officers from the consequences of their
actions is an insult to countless
victims of domestic violence and should
be soundly rejected. . . . The General
Assembly is considering two bills that
would help protect abuse victims. One
would give judges the discretion to take
away the guns of abuse suspects subject
to a temporary protective order. The
other would require judges to take away
the guns of abuse suspects after a final
protective order has been issued.
WEST
VIRGINIA
Cabell woman wins lawyer's free divorce
contest
By Kelly
Holleran -Cabell Bureau
2-23-09 --
Michelle Brock has won a free divorce
contest the Webb Law Firm gives away
annually on Valentine's Day. . . .
Brock, a 43-year-old college student
from Cabell County who will be graduating
from Marshall in May, is the second
winner of the contest, which began last
year. . . . "I felt hers was the most
compelling of the entries," attorney
Rusty Webb said. "She just wanted to get
a fresh start." . . . Brock was married
in 2002 and separated in 2006, Webb
said. . . . The case will be filed in
Cabell County. . . . Webb's free
divorce contest was swept under the
national spotlight last year when it
appeared on news programs across the
country and received one billion hits on
Google, Webb said.
VIRGINIA
Ex-Virginia Assistant AG Wins First
Amendment Case Involving 'Mail-Order
Bride'
Leigh
Jones, The National Law Journal
2-20-09 --
A former Virginia assistant attorney
general who found a foreign bride
through the Internet and lost a custody
battle for their child because of
alleged domestic abuse has won a First
Amendment argument in a Washington state
appeals court. . . . A three-judge panel
ruled on Wednesday that a family court
order prohibiting former Assistant
Attorney General Anthony P. Meredith
from contacting any government agency
regarding his ex-wife's immigration
status was an unlawful prior restraint
on his free speech rights. . . . The
state appeals court found that while it
disagreed with Meredith's "vitriolic and
incendiary language" during custody
proceedings, the family court order
requiring him to obtain court approval
before speaking with any agency about
his wife was unconstitutional.
FLORIDA
Wade files libel suit against estranged
wife
‘TOTALLY
FALSE’ | Her divorce lawyers also named
in $200,000 lawsuit
By Mark
Konkol Staff Reporter
2-19-09 --
Miami Heat star Dwyane Wade filed a
libel lawsuit Wednesday against his
estranged wife and her attorneys for
claiming in a divorce filing that Wade
had an adulterous affair and gave her a
sexually transmitted disease. . . .
Wade, a Chicago native, claims
Siohvaughn Wade damaged his reputation
by knowingly making those false claims,
which became public in media reports
only to be later withdrawn from their
divorce filing, according to documents
filed in Cook County Circuit Court. Wade
is seeking more than $200,000 in
damages. . . . “They were out to wreck
his reputation,” Wade’s attorney Joseph
Power Jr. said. “What they put in that
pleading is totally false. We’re suing
to prevent people from wrecking his
reputation and that’s what they did and
that’s what they’re doing. That’s not
fair play.” . . . Also named as
defendants in the case were: Siohvaughn
Wade’s lawyer, Michael Berger, his firm
Berger Schatz, and attorney Dorene
Marcus and her firm Davis, Friedman,
Zavett, Kane, Macrae, Marcus & Rubens.
NEW
JERSEY
Citing Comity, N.J. Judge Grants Divorce
to Gay Couple Married in Canada
Henry
Gottlieb, New Jersey Law Journal
2-13-09 --
New Jersey law doesn't allow gay
marriages, but it does permit gay
divorces, a judge has ruled. . . . La
Kia Hammond married a woman in British
Columbia in 2004 under Canadian law
permitting same-sex marriages, but when
Hammond wanted a divorce, she didn't
meet the two-year residency requirement
for Canadian divorces. She was living in
New Jersey, and her partner did not
contest the divorce. . . . Time is of
the essence for Hammond. She was
diagnosed with terminal form of muscular
dystrophy in 2005 at age 29 and needed
to get a divorce quickly so she could
return to Canada and marry a woman who
would care for her and her daughter. . .
. So Hammond sought a divorce in New
Jersey, where she qualifies under the
residency requirements, and Mercer
County Superior Court Judge Mary
Jacobson ruled on Feb. 6 that she is
entitled to one.
FEDERAL
COURTS
Never Mind the Law
Casting
aside federal legislation, the Ninth
Circuit continues its assault on
traditional marriage.
By
William C. Duncan, NRO Online
2-11-09 --
A dress rehearsal for a national
redefinition of marriage quietly took
place last week in a ruling from the
Ninth Circuit Court of Appeals. A single
judge, acting in his capacity as chair
of the circuit’s Standing Committee on
Federal Public Defenders, wrote the
opinion. . . . A public defender wanted
a same-sex spouse (from a ceremony that
took place before Proposition 8 banned
gay marriage in the state) to be treated
as a family member—and thus to be
covered by his health-insurance policy.
That request was denied on the grounds
that the federal Defense of Marriage Act
(DOMA) defines marriage as the union of
a man and a woman for all federal
purposes. Such purposes include
employment by the federal government. .
. . Judge Stephen Reinhardt disagreed
with this reasoning. He concluded that
the application of DOMA violated not
only the court’s employment policy but
also the Constitution. He ordered the
employer to process the application and
said that “any future beneficiary
addition requests are also to be
processed without regard to the sex of
the listed spouse.” . . . Since this
decision does not create precedent that
other courts must follow, what is most
important is not the outcome but the
reasons given for that outcome.
Reinhardt’s opinion provides a blueprint
for a future federal decision holding
not only that DOMA is unconstitutional,
but also that the Constitution mandates
a redefinition of marriage in every
state. His reasoning does not withstand
scrutiny, but that has rarely stopped
judges intent on writing laws instead of
interpreting them (of whom Reinhardt is
one of the
most flagrant examples).
FEDERAL
COURTS
CA Judge Rules Defense of Marriage Act
Unconstitutional
By
Kathleen Gilbert, LifeSiteNews.com
2-10-09 --
Two judges in California's 9th Circuit
Court have ruled in two separate cases
that the same-sex "spouse" of federal
employees must be granted the same
health benefits as a heterosexual
spouse, in spite of federal law to the
contrary. One judge declared the federal
Defense of Marriage Act (DOMA)
unconstitutional. . . . Judge Stephen
Reinhardt ruled last week that Tony
Sears, who "married" deputy federal
public defender Brad Levenson in July,
was being unfairly and
unconstitutionally discriminated against
by current federal law, which does not
recognize a homosexual partner as a
claimant to spousal benefits. . . . The
denial of such benefits "cannot be
justified simply by a distaste for or
disapproval of same-sex marriage or … to
discourage exercising a legal right
afforded them by the state," wrote
Reinhardt, who ordered Sears to be
enrolled in the federal spousal
insurance program. . . . In another 9th
Circuit decision last month, Chief Judge
Alex Kozinski granted benefits to the
same-sex "spouse" of a staff attorney
for the court, but did not invoke the
constitution. . . . The Defense of
Marriage Act (DOMA), which was passed in
1996, states that marriage is recognized
as only the union of one man and one
woman for federal law purposes. It also
says that states cannot be forced to
recognize an out-of-state same-sex
union. Reinhardt is the first U.S.
judge to openly state that DOMA is
unconstitutional.
NEW JERSEY
Palimony-in-Writing Bill Passed by N.J.
Senate Judiciary Committee
Michael
Booth, New Jersey Law Journal
2-10-09 --
The New Jersey Senate Judiciary
Committee on Monday approved
bipartisan-sponsored legislation that
would require all palimony agreements to
be in writing and signed in order to be
enforceable. . . . The bill, S-2091,
amends N.J.S.A. 25:1-5, which already
requires that prenuptial agreements be
put into writing, to include palimony
agreements. It adds a new paragraph "h"
stating: "A promise by one party to a
non-marital personal relationship to
provide support for the other party,
either during the course of such
relationship or after its termination"
shall be in writing and signed by the
party to be charged. . . . Litigation of
palimony claims is heavily
fact-intensive and often acrimonious,
since courts are typically dealing with
nonexplicit promises of support between
unmarried couples. The difficulty was
compounded last year by the ruling in
Devaney v. L'Esperance, 195 N.J. Super.
247 (App. Div. 2008), which
held that cohabitation is not a
necessary element of the marital-type
relationship needed to be proved.
NEW YORK
Another ugly twist in kidney divorce
case
Ex-girlfriend of doctor who donated
organ claims abuse in affidavit
By Chau
Lam, Newsday
2-10-09 --
The divorce case of a Nassau surgeon
suing his estranged wife over the kidney
he donated to save her life when they
were married has gotten even uglier. . .
. Pamela Rathburn-Ray, a former
girlfriend of the doctor, Richard
Batista, said in an affidavit that he
used to threaten her and beat her up
during their three-year-long
relationship in the mid-1980s. . . .
"During our relationship, [Batista]
expressed and demonstrated to me his
extreme jealousy and paranoid suspicion
of me," Rathburn-Ray, a nurse, said in
an affidavit made public Monday. "He
threatened me with bodily harm if he
ever concluded that I had cheated on
him." . . . It was unclear if the
affidavit was filed with State Supreme
Court in
Mineola. . . . Rathburn-Ray has
hired an attorney, John Ray of Miller
Place, in part, because she said she is
worried Batista and his attorney will
harass her when she testifies in court.
Important New Organization for Families:
ParentalRights.org
Stephen
Baskerville Ph.D. Men's News Daily
2-9-09 --
If fathers are ever going to break
through to expose the injustices of the
divorce machiner, we must form alliances
with other parents in similar plights
and take the moral high ground to defend
the family generally. Many non-divorced
parents are increasingly aware of the
threats to their children from not only
the culture but also the government. . .
. Among these are homeschoolers (who are
often accused of "educational neglect,"
a form of child abuse) and other parents
falsely accused of child abuse. All
these parents (and all parents)
experience the jackboot of the state
coming between them and their children.
CONNECTICUT
Bad Economy Makes Troubled Couples Avoid
Divorce
The
continuing recession is putting a strain
on divorcing couples and their attorneys
Douglas
S. Malan, The Connecticut Law Tribune
2-6-09 --
In years past, divorce lawyers could
almost always count on increased
business after ringing in the New Year.
After all, the weeks following the
holiday rush were the perfect time for
couples on the rocks to finally split up
while avoiding the impact of a
Christmastime divorce on their children.
. . . . But in 2009, the rules have
changed for many divorce attorneys. The
economic downturn seems to have given
many couples second thoughts about
untying the knot. . . . . "I'm used to a
serious uptick in divorce, and I haven't
seen it at all this year," said attorney
Marc F. Greene of Washington, Conn., who
handles divorces in Litchfield County,
Waterbury and Danbury. "I have a
smaller practice, but this seems to be
reflected in conversations I have with
other colleagues. I don't recall
anything like this in family law
practice, and I've been doing this for
[26] years."
BANKRUPTCY
COURTS
Lehman judge, James Peck, charged with
hitting wife gets lawyer
By
Barbara Ross & Thomas Zambito, Daily
News Staff Writers
2-3-09 --
A federal judge charged with slapping
his wife hired a big shot defense
attorney as he faces a misdemeanor
charge that could land him in the clink.
. . . James Peck, 63, the bankruptcy
judge overseeing the breakup of Lehman
Brothers, hired Barry Bohrer, a
prominent criminal defense lawyer whose
clients have included Sam Israel, the
hedge fund swindler who went on the lam
last summer after faking his own suicide
to avoid a 20-year jail term. . . .
Peck, who was briefly assigned to handle
the Bernard Madoff bankruptcy until he
recused himself in December, told cops
when they came to his Park Ave.
apartment Saturday afternoon that "I was
defending myself." . . . He said his
wife, Judith Peck, 64, was late in
returning to the city from their home in
the Hamptons and then they argued over a
ladder that she had put in his closet.
NEW
JERSEY
Lawyer Can't Reduce Alimony, Support
Payments by Citing Dwindling Practice
Court to
lawyer: Don't take on a lifestyle you
can't pay for and then try to make your
ex-wife feel the pinch
Michael
Booth, New Jersey Law Journal
2-4-09 --
In a lesson in frugality for divorced
lawyers, a New Jersey appeals court on
Monday denied an attorney's request to
have his alimony and child support
payments reduced because of his law
firm's dwindling financial performance.
. . . The Appellate Division, in
Donnelly v. Donnelly,
A-2389-07, offered a simple warning:
Don't take on a lifestyle you can't pay
for and then try to make your former
spouse feel the pinch. . . . Gregory
Donnelly, of Wayne, N.J.'s
Donnelly & Warner,
concentrates his practice in commercial
and residential real estate, personal
injury and matrimonial work. During his
2003 divorce, his annual income was
estimated at $185,000 based on the prior
five years. A property settlement
agreement required him to pay $1,000 a
week in alimony to his wife Elizabeth
and $350 a week in child support for
their three children. . . . In 2005,
Donnelly applied to Superior Court Judge
Michael Diamond in Passaic County for a
reduction in payments, arguing that his
income had dropped precipitously to
$80,000 a year. (His income had in fact
been falling before the divorce, from
$301,705 in 1978 to $130,000 in 2002.) .
. . Donnelly blamed the decline on
increased competition, rising office
expenses and a decrease in the firm's
personal injury and real estate
practices. "My personal injury practice
has suffered a steady decrease as a
result of the Lawsuit Threshold and my
real estate practice has suffered due to
the number of new attorneys in the area
who are constantly vying for business,"
he said.
NEW YORK
NY BigLaw Partner Wants His Divorce
Money Back, Blames Madoff
New York
Lawyer, By The Associated Press
2-4-09 --
A New York lawyer has sued his ex-wife
to try to recover millions of dollars he
paid in their divorce agreement. He says
the amount was based on their belief
that they had $5.4 million invested with
fraud suspect Bernard Madoff. . . .
Steven Simkin, a partner at Paul, Weiss,
Rifkind, Wharton & Garrison, says he
gave Laura Blank $6.6 million as her
share of marital assets in July 2006
after more than 30 years of marriage.
That included $2.7 million — half of
what they thought was in the Madoff
Investment Securities account.
NEW YORK
Ex-Hubby Canned For Posting Nude Photos
Of Wife
North
Country Gazette
2-3-09 --
A former Rockaway resident who stole his
wife’s identity and posted nude photos
of her on the Internet was sentenced
yesterday to 2 ½ to 5 years in prison
following his guilty plea to identity
theft and criminal contempt. . . .
Thomas Gillen, 46, of 112 Manor Drive in
Hagerstown, Maryland, pleaded guilty in
December to first-degree identity theft
and first degree criminal contempt
before Queens Supreme Court Justice
William M. Erlbaum who sentenced him
Monday. . . . According to the district
attorney, as part of his plea, Gillen
admitted that, between November 2007 and
July 2008, he accessed an Internet
account that he created in the name of
his former wife – and pretended to be
her – in order to contact various men
and engage them in conversations of a
sexual nature.

January 2009
NEW YORK
Co-worker says cop joked about killing
his ex-wife
By Jeff
Harrell, Advance Staff Writer
1-27-09 --
Retired police sergeant John Galtieri
joked to a restaurant colleague about
wanting to shoot his former wife, the
co-worker told jurors yesterday. . . .
"He said, 'I'd like to kill the
[bleep],'" Angela Peikidis, 32, recalled
from conversations in late 2006, when
the pair worked at Quizno's in Punta
Gorda, Fla., where Galtieri moved
following his messy divorce from Jeanne
Kane in 2003. . . . Ms. Peikidis said
Galtieri, who worked as a manager at the
Quizno's, made the remarks in the
context of banter in the back kitchen. .
. . But the former server maintained
that Galtieri never hid his bitterness
over the divorce settlement in which a
New Jersey judge awarded Ms. Kane
$400,000 in alimony and all but $7 of
the cop's monthly $2,770 police pension
checks.
PENNSYLVANIA
Child Support In High Income Cases
Linda’s
Law Blog
1-27-09 --
In an aptly named case,
Rich v. Rich, a mother
and a wealthy father argued over child
support wherein father admitted to
earning approximately $10,000,000 per
year and owning approximately
$40,000,000 in assets. (Yes, that is
millions!) At the trial level, the
support awards ranged from approximately
$32,000 per month from the conference
officer, to approximately $9,000 per
month from the master and approximately
$15,000 per month from the judge. This
case originated out of Schuylkill
County. . . . Basically, mother
complained that she could not duplicate
the amenities and extravagances that
father could afford when he had custody
of the children. Apparently, father’s
home, the previous marital home, is
worth between $2,000,000 and $3,000,000
and is located on 150 acres of land. The
property includes a 10,000 square foot
home as well as an Olympic size indoor
swimming pool, a barn, farmhouse,
treehouse, a stream and pond for fishing
and a recreational area for all terrain
vehicles and camping.
NEW YORK
Pension reverted to cop after ex-wife's
slaying
Jury in
murder trial hears that monthly stipend
keyed acrimony in divorce
Saturday,
January 24, 2009
By Jeff
Harrell, Advance Staff Writer
1-24-09 --
Jeanne Kane received all but $7 of her
ex-husband's monthly $2,700 police
pension checks up to the day she was
shot and killed at a Pleasant Plains
park-and-ride in January 2007. . . .
Upon her death, John Galtieri got his
full pension checks back. . . . "When
the ex-spouse dies, the benefits revert
back to the beneficiary," Rhonda
Cavagnaro, general counsel for the
NYPD's Pension Fund, told jurors
yesterday, the opening day of Galtieri's
murder trial in state Supreme Court, St.
George.***********
'GRAND
LARCENY' Through "numerous" phone
calls and letters to Ms. Cavagnaro from
2004 until January 2007, Galtieri called
the judge's order "grand larceny and
fraud" and claimed his pension was being
illegally "garnished" in spite of New
York laws stating that such funds are
not subject to "equitable distribution"
in New Jersey. . . . Ms. Cavagnaro said
New York police pensions may be
redirected to pay court-ordered spousal
alimony, child support or a federal tax
lien. . . . "All we need is a valid
court order to make the distribution,"
she said. . . . But that didn't mollify
Galtieri, who grew more testy with each
phone conversation, Ms. Cavagnaro noted.
*********
Bad News or Good News? Economy Cuts
Asset Values, Creates New Divorce Issues
By Martha
Neil, ABA Journal
1-23-09 --
The rollercoaster ride that the economy
has been on in recent months is creating
new issues for divorcing couples. Real
estate that was worth much more only a
year or two ago has plummeted in value.
And a number of soon-to-be-ex-spouses
with high-paying jobs suddenly have no
employment at all. . . . Some couples
are postponing divorces as a result, and
divorce rates dropped by 5 to 10 percent
last year in New York and the Chicago
and Miami metropolitan areas. But other
individuals are eager to conclude their
property settlements, at a significantly
lower cost than they originally
expected, reports
Bloomberg. Meanwhile, the new
economic regime is creating unusual
problems for the legal system such as
how to handle a case in which both
spouses have lost their jobs. . . . “A
lot of my male clients are loving it,”
says attorney Suzanne Bracker of New
York. “They’re handing me the check and
saying, ‘Hurry this up. Let’s get this
over with.’

FLORIDA
Ex-DCF spokesman pleads guilty to
producing child porn
Kevin
Graham, Times staff writer
1-21-09 --
Former Florida Department of Children
and Families spokesman Al Zimmerman
faces a mandatory minimum 15-year prison
sentence after pleading guilty this
morning to producing child pornography.
. . . Zimmerman, 41, formerly of
Tallahassee and Lakeland, was scheduled
to go to trial Monday on charges of
production of child porn, possession of
child porn, receipt of child porn and
obstruction of justice. The remaining
three counts will be dismissed at the
time of his sentencing, which Senior
U.S. District Judge Susan C. Bucklew set
for April 23.
Unhappy couples avoid divorce, lawyers
to save money
By Ray
Weiss, Staff Writer
1-18-09 --
She lives in Palm Coast. Her husband resides in
Georgia. . . . They are split, as are
their savings from almost 30 years of
marriage. While the house is paid off,
she sees no reason to sell. . . . The
market is as dead as her marriage. . . .
"But I decided this is the worst
possible time to go to a lawyer because
of the economy. I need that money," said
Mary, 59, who asked that her last name
not be used. "So no one's making a move.
We're in limbo. It's an ugly situation."
. . . More and more couples are holding
on to miserable marriages because of the
miserable economy, especially those of
modest means who never lived caviar and
champagne lives. But when living
together becomes unbearable or abusive,
a growing number of couples are heading
to divorce court without lawyers. . . .
Mary, who is unemployed, said she has
considered filing the papers on her own.
. . . "It's hard to afford an attorney
now," she said. . . . Horace Smith, a
veteran Daytona Beach divorce lawyer,
has seen that trend skyrocket as home
prices plummeted. . . . "It used to be
40 percent," he said of lawyer-less
divorce cases being filed. "Now it's
about 80 percent." . . . Fewer potential
clients are walking through his door.
|
Are tough times good for
marriage? |
|
With the economy worsening
in 2008, the overall number
of dissolution of marriage
cases in
Volusia County
was lower in 2008 than in
the previous year. The
number of cases filed
without the use of attorney
declined less than those
with an attorney.
|
YEAR |
2007 |
2008 |
|
With Attorney |
1,218 |
1,057 |
|
Without Attorney |
1,288 |
1,214 |
|
Overall Total |
2,506 |
2,271 |
|
|
SOURCE: Volusia
County Clerk
of Courts office
|
Divorced from Reality
“We’re
from the Government, and We’re Here to
End Your Marriage.”
by
Stephen Baskerville
The
decline of the family has now reached
critical and truly dangerous
proportions. Family breakdown touches
virtually every family and every
American. It is not only the major
source of social instability in the
Western world today but also seriously
threatens civic freedom and
constitutional government. . . . G. K.
Chesterton once observed that the family
serves as the principal check on
government power, and he suggested that
someday the family and the state would
confront one another. That day has
arrived. . . . Chesterton was writing
about divorce, and despite extensive
public attention to almost every other
threat to the family, divorce remains
the most direct and serious. Michael
McManus of Marriage Savers writes that
“divorce is a far more grievous blow to
marriage than today’s challenge by
gays.” . . . Most Americans would be
deeply shocked if they knew what goes on
today under the name of divorce. Indeed,
many are devastated to discover that
they can be forced into divorce by
procedures entirely beyond their
control. Divorce licenses unprecedented
government intrusion into family life,
including the power to sunder families,
seize children, loot family wealth, and
incarcerate parents without trial.
Comprised of family courts and vast,
federally funded social services
bureaucracies that wield what amount to
police powers, the divorce machinery has
become the most predatory and repressive
sector of government ever created in the
United States and is today’s greatest
threat to constitutional freedom.
NEW YORK
Gag Order Sought in Divorce Case That
Features Spat Over Donated Kidney
Vesselin
Mitev, New York Law Journal
1-13-09 --
A Long Island, N.Y., matrimonial referee
is weighing a gag order in the
divorce case of a Nassau County
surgeon who wants his estranged wife to
pay $1.5 million for the kidney he
donated to her. . . . Referee A.
Jeffrey Grob considered an application
by Douglas Rothkopf, the lawyer for the
wife, Dawnell Batista, to prohibit
"disparaging and denigrating" statements
made by Dr. Richard Batista or his
attorney, Dominick Barbara, regarding
the couple's four-year-old divorce case.
. . . In a news conference last week,
Dr. Batista claimed his wife has
frustrated his efforts to see the
couple's three children. He said he
donated the kidney to his ailing wife in
June 2001, and then she had an affair.

FLORIDA
More Trouble For Fiery 'Antichrist'
Preacher
By Casey
Woods
1-10-09 --
The Christmas season was not kind to the
self-proclaimed Antichrist. . . . Jose
Luis de Jesus Miranda, who gained
international notoriety by declaring
himself first to be Jesus Christ, then
the Antichrist, roundly lost his divorce
court bid to protect his church from
financial claims by his most recent
ex-wife. . . . Miami-Dade County Circuit
Judge Roberto Pineiro essentially ruled
that de Jesus' Growing in Grace church
was his personal business, rather than a
religious nonprofit organization, and
awarded Josefina de Jesus Torres the
more than $2.2 million she sought in the
divorce -- the amount her lawyer deemed
was half the assets of her ex-husband
and his church. . . . ''I think the
judge did what was right and awarded
Josefina what she was entitled to under
the law,'' said Torres' lawyer, Norman
Segall. ``The church has millions of
dollars . . . and I'm sure if [de Jesus]
issues an edict from up above that he
needs money, it's available to resolve
the situation.'' . . .
ON
HARD TIMES . . . The ruling marks
a downturn in the fortunes of the
colorful preacher, one that affects not
just him but others in his life. His
daughter, JoAnn de Jesus, is fighting
contempt charges related to the case.
His father and first wife face possible
eviction from properties held in his and
the church's names that the judgment
awarded to Torres if he doesn't pay up
this month. . . . De Jesus disappeared
in August, when the judge declared him
in contempt of court and ordered him to
surrender to authorities for not paying
Torres $15,000 a month in alimony. The
divorce trial went ahead without him
that month.
NEW YORK
Court Questions Lawyer's Bid to Take
Ex-Girlfriend's Condo
Daniel
Wise, New York Law Journal
1-9-09 --
A lawyer who married a woman almost two
decades his junior while he still was
married to another woman should not have
been given the go-ahead to foreclose on
a condominium he bought for her, a split
New York state appeals panel ruled
Thursday. . . . Writing for the 3-1
majority, Justice Karla Moskowitz of the
Appellate Division, 1st Department,
wrote that, upon the "highly unusual
circumstances of this case," the
question of whether the lawyer,
Joseph I. Rosenzweig, loaned
or gave Radiah K. Givens the money
needed to buy the apartment must be
subjected to closer scrutiny and should
not have been decided on a motion for
summary judgment before discovery had
been conducted. . . . However, Justice
David Friedman argued in dissent that
the question of whether the $285,300 of
Rosenzweig's money used to buy the
apartment was a loan or gift was
definitively settled by the fact that
Givens had signed a mortgage using the
apartment as security for the loan.
NEW YORK
Man demands estranged wife pay for
kidney
He wants
$1.5 million for the organ he gave her
when they were together
Associated Press, MSNBC.com
1-7-09 --
A Long Island surgeon embroiled in a
nearly four-year divorce proceeding
wants his estranged wife to return the
kidney he donated to her, although he
says he'll settle for $1.5 million in
compensation. . . . Dr. Richard Batista,
a surgeon at Nassau University Medical Center, told
reporters at his lawyer's Long Island office Wednesday that he decided to go public with his demand for
kidney compensation because he has grown
frustrated with the negotiations with
his estranged wife. . . . He claimed he
has been prevented from seeing their
children, ages, 8, 11 and 14, for months
at a time.
CONNECTICUT
YouTube Threat Draws Restraining Order
By
Douglas M. Malan, The Connecticut Law
Tribune
1-6-09 --
Interactive Web sites have become
popular among people who want to stay in
touch across long distances. But not all
of the contact is friendly. . . . In
early 2008, North Carolina resident
Christopher Fergusan posted a rap video
on YouTube that showed him waving a
handgun around and threatening to harm
the mother of his child. That woman,
Connecticut resident Stacy Rios, applied for a restraining order against Fergusan
in
New Haven
Superior Court. . . . And in a case of
apparent first impression in the state,
Judge Stephen F. Frazzini ruled last
month that the Connecticut court had
jurisdiction over Fergusan and granted
Rios the restraining order, which lasts
for six months, based on threats made in
the video. . . . "The Internet has
transformed our ways of communicating
and sharing information, but content on
the Internet that some find offensive or
harmful has also created new and
challenging issues," Frazzini wrote. . .
. Rios was seeking relief under
Connecticut laws that provide protection
for anyone who has been subjected to
continuous threats of physical pain or
injury. The question facing Frazzini was
whether the court had jurisdiction over
someone who threatened a Connecticut
resident using a computer in North
Carolina and posting content that anyone
in the world could access. . . . "Even
though there is no allegation that
Fergusan ever stepped foot in
Connecticut, the court can exercise
personal jurisdiction over him without
violating the principles of due
process," Frazzini wrote.
Girls Need a Dad and Boys Need a Mom
by Janice
Shaw Crouse
1-5-09 --
The latest issue of The Journal of
Communication and Religion (November
2008, Volume 31, Number 2) contains an
excellent analysis of the importance of
opposite-sex parent relationships. The
common sense conclusion is backed up
with social science data and affirmed by
a peer-reviewed scholarly article: girls
need a dad, and boys need a mom. . . .
Not surprisingly, the study also found
that communication is an essential
building block for all family
relationships — family interactions are
the crucible for attitudes, values,
priorities, and worldviews. Beyond the
shaping and modeling of these essential
personal characteristics, the family
shapes an individual’s interpersonal
system and self-identity. . . . Further,
stable homes include specific talk about
religion and support for children’s
involvement in religious activities.
These families create high-quality
relationships by specific communication
behaviors, such as openness, assurance,
and dependency. Those same
characteristics, not incidentally, are
powerful predictors for marital success
or failure.
MASSACHUSETTS
Judge denies challenge to child support
rules
By Denise
Lavoie, The Associated Press
1-5-09 --
A federal
judge on Monday rejected a bid to stop
state family court judges from using new
child support guidelines that a fathers'
rights group claims are unfair. . . .
Fathers and Families Inc., a
Boston-based group that pushes for
reform of child custody and support
policies, last month sued the state's
chief administrative Judge Robert
Mulligan and state trial court judges
over the new guidelines — which the
group claims are burdensome to fathers
and do not take into account the costs
of raising children. . . . Judge Douglas
Woodlock denied the group's request for
an injunction to stop the new guidelines
from being used, saying it would be
inappropriate for the federal courts to
get involved in a battle over state
guidelines. . . . Ned Holstein, the
executive director of Fathers and
Families, said the group will likely
refile the lawsuit in state court. . . .
In its complaint, the group said the new
guidelines call for support payments to
be calculated based primarily on income,
not the expenses incurred by the parents
to raise the child. The group said the
new guidelines also fail to take into
account factors affecting income such as
tax status, marital status, employment
status and obligations to support other
children.
NEW YORK
Family Court Is Family Business for NY
Brother and Sister Judges
New York
Lawyer, By Vesselin Mitev, New York Law
Journal
1-5-09 --
Conrad D. Singer and Robin M. Kent know
firsthand about the difficulties facing
some of the litigants that appear in
their courtrooms. The siblings, now
judges in Nassau County Family Court,
are the product of a single-parent home
who spent their formative years living
with their mother and being raised by
their grandmother. . . . In an interview
in Judge Singer's Westbury chambers last
week, the pair talked about the common
experiences that triggered their
decisions to attend law school, practice
family law and ultimately end up as
judges in the same courthouse. . . .
Being a Family Court judge "is who we
are and it's who we wanted to be for a
very long time," said the newly elected
Judge Kent, who took the bench last
week. . . . And Judge Singer said that
his two years on the bench have been a
rewarding experience. . . . "As a judge
you apply the law, as a family law judge
you apply the law and make a difference
in people's lives and it was my desire
to become a Family Court judge, given my
experience, to give back to the
community," Judge Singer said.
IOWA
Attorney charged with no-contact
offenses
Dubuque
Telegraph Herald
1-4-09 --
A jailed Dubuque attorney was charged
with violating a protection order after
calling his common-law wife from jail 17
times, according to court documents. . .
. James R. Axt, 56, is accused of
holding 56-year-old Mary Riegler
prisoner and beating her for two weeks
during what Riegler described as a
"drinking binge" at their Dubuque home,
according to court documents. Riegler
suffered large bruises on her legs, two
black eyes, a broken nose and broken
ribs, police said. . . . Riegler's
brother told police that Axt had been
calling his sister from jail, but he
worried she wouldn't be cooperative with
police. Jail staff reviewed call records
and found Axt called Riegler's cell
phone 17 times between Dec. 20 and
Christmas day.
ARIZONA
Traditional family defenders now in
'gay' agenda bull's-eye
Licensing
proposal could require lawyers to
endorse homosexuality
By Bob
Unruh, © 2009 WorldNetDaily
1-1-09 --
One of the top lawyers in the nation in
the battle to protect traditional
marriage, historically Christian
lifestyle choices, parental rights and
the key freedoms provided by the U.S.
Constitution is warning that there
eventually could be no lawyers left to
take up those disputes. . . . That's
because of a recommendation before the
State Bar of Arizona – the organization
that licenses attorneys – to require all
new lawyers to swear they won't let
their personal religious perspective on
homosexuality affect their
representation of any client. Mathew
Staver, chief of
Liberty Counsel, warns that
the proposal is just the "tip of the
iceberg." . . . According to reports in
Arizona, the state bar is considering a
major change to its existing oath that
requires lawyers to affirm they won't
"permit considerations of gender, race,
age, nationality, disability or social
standing to influence my duty of care"
to clients. . . . The proposal in
Arizona is to add "sexual orientation"
to that list. |
|
|

United Civil
Rights Councils of America
"Gender neutral. Child positive. Constitution mandatory."

Click for
10 Main Focus Areas
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WILL GET
YOU,
a relative or a friend!
“IT”
is at the heart
of the most serious societal problems in America.
“IT”
touches
nearly all of our families.
“IT”
bankrupts and/or imprisons
opponents.
“IT”
mercilessly propels our children to violence, suicide &
anti-social behavior.
“IT”
snares a million of our children a year.
“IT”
is a multi-billion dollar industry ravaging our
families, destroying our country, & threatening our society.
“IT”
IS
the DIVORCE INDUSTRY &
“IT”
could get you, a relative, or a friend next!
ACT NOW!
Get Involved!
Support Family Law
Reform
before
IT is too late!

A Matter
of Justice
Coalition, Org.
P.O. Box 1209,
Dahlgren, VA 22448-1209
E-mail:
president@amatterofjustice.org
Web:
www.amatterofjustice.org
AD DESIGN BY DOTTO
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