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Feature: Home court disadvantage
A looming audit puts the Marin Family Court back under the magnifying glass

by Don Speich

Toby and his brother and sister are psychological time bombs.

The three children, all under 10, are moving headlong into a variety of mental illnesses—some of which, say psychologists, have already begun. Those psychologists say the trouble boils down to two primary reasons: Their mother and father's love for them.

And their parents' deep-seated, venomous antipathy toward each other.

Toby and his siblings are the victims of divorce—in this case, a particularly ugly one fraught with charges and countercharges of child abuse, neglect and vengefully motivated brainwashing. Charges have been leveled by one parent at the other and then returned by counter salvo. Under the guise of love, the parents have fought for custody by trying to turn the children into allies—vilifying their former mates and using an arsenal of incriminating charges so the children will choose them as the victor, that is, the parent who gets the kids.

The case has been in and out of the Marin Family Court for several years—and the toll on the children cannot be overestimated.

These children, and others like them in other contentious custody battles, are among the centerpieces of a 10-year long battle waged by a group of zealous reformers hellbent on overhauling the Marin Family Court system—a system they claim is rife with corruption and infused with cronyism. And, in general, not following the law in the determination of custody cases.

Investigative reports have been made; some court reforms have been instituted. But critics maintain they are superficial.

As a result of this highly charged controversy, state Sen. Mark Leno, whose district includes Marin, is asking the Legislature's Joint Legal Audit Committee to investigate the Marin courts—as well as numerous others in the state—to ascertain if, in fact, there is a problem.

And, if so, what to do about it.

Keeping it in the family

Marin Supervisor Charles McGlashan, who has endorsed the idea of a state audit of the courts, said in an interview he is hopeful an audit would "settle the matter one way or the other." He indicated the issue is not simple. "The courts believe they have made very complicated decisions, and in many cases with mental health issues" adding to the complexity. It would be good, says McGlashan, to settle this in a business-like fashion rather than the "he said, she said" nature of the controversy that has been the hallmark of the decade-old dispute.

For at least some there is no doubt serious problems exist.

Kathleen Russell, staff counsel to the Marin-based Center for Judicial Excellence(CJE)—which has become a primary critic of the family courts—says, "Mothers, fathers, professionals and advocates all agree that the current family court system is broken—and it needs a complete overhaul."

Russell, who helped found the CJE in 2006 and has a take-no-prisoners zeal about court reform, adds, "The system desperately needs oversight, accountability and sunshine, since problems will always fester in the dark as they are now."

Linda Bernard is a mental health professional who operates primarily in Sacramento—another place under fire for its family-court practices—but has also worked from time to time on Marin custody disputes. She describes her experiences in the Marin courts as akin to being shunned as an outsider.

Bernard says that on occasion she's been brought in to evaluate the children in a particular case and found that she was largely ignored; the court and lawyers, she says, paid attention only to the small number of mental health professionals who customarily are involved in these cases.

She says she typically has not been allowed to talk to clients or even the attorneys. So she has been left with reviewing documents and talking to people with the intention of "looking at the case for red flags." Bernard adds, "I don't recall ever having a positive outcome from a case."

And that is because, she says, those associated with the family court are "an incestuous part of the court system—with buddy therapists, buddy mediators."

"If you are from the outside you are ostracized very quickly," says Bernard. "The court tends to think the rest of us are just hired hacks, yet I am considered one of the top people in my field."

Kim Turner, executive officer of the Marin Superior Courts, says she and other court officials are aware of this perception. It is precisely why they have launched a series of new programs aimed at helping those who cannot afford lawyers—a chief complaint of the critics—as well as other steps aimed at making the family court more accessible and user-friendly.

"We are trying to develop programs that will really, really help people, even if they are self-represented [with no lawyers pleading their case] so that they will have a fighting chance," says Turner. "We are making sure to provide as much service as we can for self-litigants because they are at a little bit of a disadvantage, including putting [legal documents and procedural requirements] into plain English and Spanish. We want to make sure the court is open and available to all who need it."

The kids aren't all right

In the meantime, Toby (not his real name) and his siblings—and numerous other children in similar circumstances—continue to bounce around in the legal system as their parents relentlessly maneuver for custody. And the children are suffering.

"Without some kind of [psychological] intervention," warned a psychologist who performed an evaluation on Toby and his sisters, "prognosis for the mental health of the children is grim." The little girl, according to court documents, is particularly worrisome. The psychologist's concern, states one document, "is about the integrity of her personality; she could become more fragmented than she already is, with the risk of serious mental illness." The two other children exhibit symptoms of depression and anxiety because, according to the documents, they are being tugged first by one parent then the other in the parents' attempts to enlist them as allies.

Court critics charge that cases such as Toby's have become explosively fractious and overheated because of a court system that works at a snail's pace and depends too heavily on a coterie of judges, lawyers and mental health professionals who are more interested in the fees they are paid than in working toward settlements that are acceptable to parents and, most important, in the best interest of the children.

Referring to Toby's case and other custody disputes like it—some of which have been tied up in the courts for as long as six or seven years—Turner says, "These are very difficult cases...and my heart breaks for children who should not be exposed to these kinds of perpetual conflicts." Referring to Toby's case and two others that have been embroiled in bitter fights between parents and disagreements about evaluators, lawyers and judges, Turner says the court has bent over backwards to be fair.

"Three of five cases had full trials in the last couple of years," she says. The cases have been "very difficult" and the complaints are now coming from the "aggrieved parent who did not end up with custody, [even though] the judges reviewed mountains of documents from clinicians and evaluators and mediators who are clinical psychologists. There has been a lot of focus on getting these cases right."

The CJE argues that rarely is the family court system "getting cases right." Which is to say there is a growing chasm between the courts and those who want to reform them. Ironically, the CJE, according to Russell, began with the notion of working cooperatively with the court to see what could be done to improve allegations of a fractured system. But things quickly turned sour as first one side and then the other dug in their heels, resulting in lines being drawn in the sand and each side lobbing charge after charge after charge. The atmosphere has become so toxic that it is virtually impossible to get below the smoke of exploding verbal bombshells to determine if there are indeed some fires.

"Our concern is that CJE and other special interest groups are trying to politicize the judiciary," says Turner. Judges and lawyers, she says, "should answer only to the rule of law. The judges have to block out all distractions and rule on the facts in front of them. The Legislature has worked and enacted laws over the years [and they include] that the judge's primary requirement is to protect kids. Family mediation and custody evaluation were created to make sure that judges have good information."

Not surprisingly, CJE's Russell has a different take on the situation.

"Lawmakers need to wake up and start listening to the parents and children who survive these ordeals," she says. "They must get over claims that any sort of judicial oversight is an attack on judicial 'independence.' Judicial oversight is a legislative mandate."

Besides Russell, there are numerous other critics of the county's family courts—some of them plainly disgusted with experiences they have had when working on child custody issues. Their criticisms are numerous, but time and time again, one after the other, they wind up in the same place: cronyism. Specifically, they mean there is a small group of lawyers, counselors and mental health professionals involved in most custody cases. They say outsiders—including those appointed by the court to offer independent evaluations of custody-fight participants—are treated with condescension and rarely listened to when recommendations are made.

Adventures in 'baby-sitting'

Leslie Johnson, a retired social worker who for 23 years worked for the county's Child Protective Services, says she was relegated to a "baby-sitter" for the children involved in a dispute—rather than as someone who was there to evaluate and make recommendations. The lawyers for the children (in some instances the court appoints a lawyer to represent the children) rarely saw them. "In some cases I was seeing the kids more than the court-appointed attorney." She says she was involved in cases where two children from the same family were telling her different things about their situation. One child accused a parent "of doing something wrong," from an emotional-abuse standpoint, and the other kept asking why they could not see that particular parent. In the end, she says, the court awarded the children to the parent who had been accused of the emotional abuse. Johnson says she was "unnerved" that nobody was listening to the children or to her. "The attorneys were really ticked off that I was not playing favorites and they did not want me to supervise anything," she says. "There is no reason for that. Kids are being put into the middle of issues that they should not be in the middle of. Parents are getting the divorce—not the children."

Johnson says the system needs to change. "There are laws on the book and the laws need to be followed. I don't tell attorneys what to do, I don't want them to tell me what to do. The law has to be consistent; kids need to have attorneys that are there for the kids. If [the court] can't find one then the court needs to hire social workers to do it—because we won't take sides. Things need to change!"

No one could agree with this sentiment more than Barbara Kauffman, a Marin family law attorney who is representing clients in some of the most contentious and troubling cases now before the court. She is not one to couch her criticisms and charges in the diplomatic niceties of her profession, often dripping with inferences and innuendo but seldom aimed at the heart of the target. Kauffman's target in this case are the judges, family law attorneys and mental health professionals most frequently involved in bruising custody cases. She flatly accuses some of them of brazenly breaking the law—by ignoring disclosure requests or impeding attempts at mediation—in the interest of prolonging cases to make more money and forcing the opposing lawyer, frequently representing less affluent clients, into one-sided custody decisions that do not reflect the best interest of the children.

As a result, her clients and others like them "get embittered because they didn't get justice."

"The majority of judges are good and try to do their job," Kauffman insists. "But there are a few bad judges—and when not brought into line it gives the entire judicial system a bad name."

She said that, despite some changes in the family court system (a number aimed at helping lower-income individuals who represent themselves), the sometimes arcane legalities of court proceedings are more difficult to understand than ever because "the same group of people are in the system."

And it is the children in custody battles who pay the price.

Angela Browne-Miller is a Corte Madera psychologist who frequently deals with children of divorce. Though she has never worked directly with the Marin Family Court she has strong feelings about what the children go through in a contentious, bitter custody fight.

"I hear young people sitting in my office say that they feel no one really understands what they are going through, that even they do not really understand what they are feeling," said Browne-Miller. "These children and teens want to know that they are safe and secure. They want to know what is going on around them, and want to know why they have no control over the process.

"They want to know whether any of this is their fault; they also want to know what to do about their own anger."

Many of these young people experiencing prolonged litigation are angry and not sure what to do with their anger, says Browne-Miller. "We have to find effective means of expression for these children and teens before the anger and pain get expressed in damaging and dangerous ways."

Disorder in the court

The controversy involving the Marin Family Court began nearly a decade ago when a group of critics claimed the court was infested with cronyism and corruption. They also charged that the system favored well-connected lawyers who were professional and social friends of judges and others in a tight-knit circle of family law practitioners.

This led to a recall campaign targeting judges and a former district attorney that went down in defeat.

Subsequently, critics hired New York journalist Karen Winner to investigate the courts. Her report in 2000 confirmed the suspicions and allegations of those who had hired her. The report, however, was filled with innuendo and charges many believed were unsubstantiated; as a result, the report was largely discredited.

The court then went on the offensive and requested and received an independent review of its operations by the National Center for State Courts (NCSC). This report, released in 2002, "did conclude that allegations of favoritism and cronyism might have resulted from the small size of the bench, the family law bar and the professional mental health community in Marin County." The NCSC did not investigate any specific charges against particular lawyers or judges, saying it was beyond the scope of its examination.

The report said the "negative perception" of the Marin Family Court "is not atypical of family courts across the country. The courts...are 'disfavored'...because family and juvenile matters are often considered unworthy of the best judges, attorneys or court facilities and often rank well below civil and criminal matters in importance. As a result, family law courts are often underfunded and underresourced." Because of this, the report states, "they are courts in which only a few exceptionally dedicated professionals are willing and able to commit their careers."

The report said many who were interviewed by the NCSC believed that "court managers and judges themselves undervalue the Family Law Division. This is evidenced by the fact that judicial staffs and program resources are disproportionately underrepresented in the Family Law Division."

In one telling finding, the NCSC report states, "Public trust and confidence in the family court system is eroding." And in another place it adds, the Marin Family Court system "suffers from chronic community and internal devaluation."

State Sen. Leno, in a recent interview, said he was particularly concerned with allegations that abusive parents had been given custody of children in some Marin cases, which is what the CJE is focusing on at the moment.

At play here is something called the Parent Alienation Syndrome (PAS), which essentially is a theory that one parent can manipulate his or her children to dislike or fear the other parent through hostile statements made about the other parent in a custody dispute. There are those, the CJE among them, who say this syndrome has masked true cases of abuse under the theory that such charges by children are inaccurate and the result of PAS. It is yet another layer of the multilayered controversy that continues to cast shadows over the workings of the family court.

"I think the argument can be made that the intent of the audit is to put questions to rest," said Leno.

While the audit attempts to lay questions to rest, Toby and his brother and sister will remain pawns in a psychologically damaging battle between two parents.

Both believe they are fighting for the best interests of their children—in a system they are convinced is corrupt.

The Center of the judicial hurricane

Kathleen Russell of the Center for Judicial Excellence is a person in constant motion. One day she is at the organization's office in San Rafael, the next day she is in Sacramento lobbying for her cause, the next two days find her in Washington, D.C., doing the same thing—always armed with her cell phone from which she shoots off countless messages to supporters and those she is hoping to enlist.

Her energy level is as remarkable as her commitment to her cause: reform of the court system in Marin...but also in the state...as well as throughout the country.

She puts it this way: "The Center for Judicial Excellence is primarily focused on our mission of improving the judiciary's public accountability and strengthening and maintaining the integrity of the courts."

Russell came to Marin by way of the northwest and Montana where she was on the staff of Democratic U.S. Sen. Max Baucus. Her former direct boss, Jim Messina, is White House deputy chief of staff. She knows the political system as well as the press and how and why it covers stories, and she uses this ability to get the CJE's message out and convince others, from journalists to politicians, to join her cause.

CJE, she says, began in 2006 when, as she puts it, a small group of concerned Marin residents got together in the living room of former civil grand juror Martin Silverman and decided to work on Marin courts to improve "transparency and accountability."

"We wanted to be proactive in helping improve our local courts," says Russell. "The founders were concerned about persistent reports that the rule of law was routinely being ignored due to cronyism and the influence of money in Marin County's family, civil and probate courtrooms."

But, she says, the CJE almost immediately hit a stone wall and, "sadly, Marin judges and the court executive officer have steadfastly refused to meet with CJE from day one, despite numerous invitations from CJE to work with us." So, Russell took her crusade public with the aim of putting pressure on the courts—through legislation, contacts with the media and putting a film together about the alleged judicial wrongdoings—to reform.

Russell says the CJE is a nonprofit that is funded through a combination of foundation and government grants and individual donations. She also says money comes from sales of the CJE film Family Court Crisis: Our Children at Risk.

Its staff consists of Russell—a consultant on contract with CJE's board of directors—another consultant, Steve Burbo, and a part-time administrator, Jean Cabonce, who manages the small office on San Rafael's Fourth Street.

Asked how the change she wants to see should come about, Russell said: "First and foremost, the state Legislature needs to step in and ensure that the family courts are following the laws that are on the books. The Legislature gives the California courts more than $4 billion per year, and yet there is little to no oversight in terms of actual judicial performance, despite this massive expenditure of state taxpayer dollars. That is neither good business nor good government."—Don Speich

Contact Don Speich at dfordonny@yahoo.com

Posted by WM, a resident of the San Anselmo neighborhood, on May 28, 2009 at 4:44 pm

If the Marin Family Courts are doing everything right then they should have nothing to fear from an audit, in fact they should welcome it. If this audit saves even one child from being placed with a parent who is sexually or physically abusive, then the audit will have served us all. Thanks to Senator Leno for bringing this forward.

Posted by Jim, a resident of the San Rafael neighborhood, on May 28, 2009 at 5:48 pm

As a former divorce attorney (Jim's not my real name) who worked a lot in the Marin Family Court in the early 90s, I'll tell you the story hit the nail on the head. While there are some good, quality judges and attorneys working the Marin courts, it's just too underfunded and devalued in the eyes of public and peers to really stand a chance as one of our finest courts. And, the children who are in these courts, deserve better. It's not even really the court's fault, it's the lack of support for the court that makes this a reality.

Posted by Andrea R., a resident of another community, on May 28, 2009 at 7:33 pm

I'm glad that the family courts will be audited. I've heard about several cases where the court appointed evaluators and mediators whoignored evidence of abuse from CPS and from doctors, and advised the judge to award custody to the alleged abuser. One was an eight year old girl when her abuser got full custody six years ago; she just killed herself last month at age 14, and I am heartsick about it.

Posted by JusticeCalifornia, a resident of the San Rafael neighborhood, on May 28, 2009 at 11:37 pm

We are grateful that Kim Turner committed the court to the following statements: "Referring to Toby's case and two others that have been embroiled in bitter fights between parents and disagreements about evaluators, lawyers and judges, Turner says the court has bent over backwards to be fair."

"Three of five cases had full trials in the last couple of years," she says.. . .There has been a lot of focus on getting these cases right."

JusticeCalifornia is familiar with the cases to which Ms. Turner is referring.

In one of the cases, the Marin family court mediator who recommended that the mother lose all custody of her child testified that a) she had not read the current case file or any of the mother's moving or responsive custody pleadings before making her recommendation(in violation of California Rule of Court 5.210); b) she had not reviewed and was unfamiliar with the domestic violence history of the case (in violation of California Rule of Court 5.215); c) she did not know the "best interests of the child" test set forth in Family Code section 3011 (although that is the test she and the court are bound to apply in assessing child custody and visitation) and d) while what she did in the case might not be in compliance with state law, this is what they do at Family Court Services in Marin. Our Marin presiding Judge Verna Adams adopted the mediator's recommendation, stripped the mother of all custody (giving her two hours of supervised visits per week), and stated that what the Marin court evaluator had done in the case was "fair and appropriate."

In two of the cases referenced in this Pacific Sun article, custody was taken from the custodial parent with the help of a local attorney acting as court-appointed minor's counsel. This attorney had been named in the 2000 Karen Winner report as a "fee gouger" who ran up huge bills while rarely meeting with his young client, but he was nonetheless appointed as minor's counsel by the court in these and other cases thereafter. (In fact, in one of the cases, he was appointed by the court in 2001, and paid by the court until early 2005, although the father is a millionaire, and the court normally pays only when parents cannot afford a lawyer for their child. In early 2005, right before a financial audit of the court, Judge Lynn Duryee suddenly stopped court payments to this minor's counsel, and ordered the parents to pay him. This took place right about the same time Kim Turner reported that her boss, then-Marin Court Executive officer John Montgomery, had funneled $650,000 in work contracts to his girlfriend, with whom he was living and had purchased property.) In any event, in two of the cases to which Ms. Turner is referring in this Pacific Sun article, this minor's counsel (who vigorously defended the Marin bench after the Winner report came out in 2000) ran up tens of thousands of dollars of fees, while meeting with his young clients an average of about one hour per year. In one case, he charged the parents $60,000 over a three year period, during which he met with the child for a total of 3 hours. He repeatedly submitted sworn declarations in the case, instead of proper statements of issues, in violation of Family Code section 3150 et.seq. In both cases, this minor's counsel repeatedly sided with and made recommendations in favor of the parent who paid his fees without complaint.

This is all memorialized in transcripts, declarations and fee bills, and Kim Turner, Verna Adams, and Lynn Duryee are all invited to confirm or deny what is stated herein. And when the legislature (or any other interested entity, like the Board of Supervisors) comes looking for hard, unequivocal proof of what these parents are reporting (that is, that judges, mediators and court appointees are not following state-mandated laws and procedures), they will not have far to look.

Again, thank you, Ms. Turner, for stating that in these cases, the Marin court "bent over backwards to be fair" and "put a lot of focus on getting these cases right". If this is the Marin family court at its best, well, this is clearly why these parents and other longtime court critics are asking for a legislative audit, increased legislative oversight, and a major overhaul of the Marin Family Court.

Posted by Non custodial parent, a resident of the Mill Valley neighborhood, on May 29, 2009 at 4:21 am

Marin County family law courts have Failed to protect our children of divorce from vindictive parents for years. Then wonder why our children are bullies, or commit suicide.

No Cheers

Posted by loretta gaines, a resident of another community, on May 29, 2009 at 5:44 am

Both the marin and sonoma county courts emancipated my daughter so she could live with her abusive father who had numerous reports for sexual abuse. i was shocked and treated as a criminal. the courts not only denied my constitutional rights but failed to follow the law. in addition the father stole my daughter's identity by using her social security number to collect over $40,000 in social security benefits.shortly after she moved with him he opened credit cards under her name and used them. when he used her up he put my daughter out into the streets. my daughter has experienced abuse from some of her brothers and sisters. i intend to use every available means to expose the draconian and unjust court systems in both marin and sonoma counties.

Posted by Alexis A Moore, Survivors In Action, a resident of another community, on May 29, 2009 at 5:55 am

Its high time that the lives of children be protected! Family law court reform is long over due! Any one who endangers a child by providing a batterer or a sexual predator within the family law court system custody or visitation is just as responsible for the harm to the child as the perpetrator! FAMILY LAW COURT REFORM IS LONG OVER DUE! SURVIVORSINACTION.COM "NO VICTIM LEFT BEHIND"

Posted by Marin Family Court Corruption, a resident of the San Rafael neighborhood, on May 29, 2009 at 8:07 am

Kim Turner stated, "Bent over backwards". I am sure she did and all other court employees (Judges, Commissions, Court Mediators, and Court appointed child attorneys)bent over backwards with blindness and deafness not seeing Domestic Violence history, drugs, alcohol, mental illness, pattern of child medical abused/negligence, violation of the court ordered, Doctor reports, CPS reports, Police reports, Pornography addiction, and child endangerment.

We have injustice system in Marin Family Court System has broken for years, no one follow the laws and local rules. We need judiciary accountability with serious consequences to punish Judges and Commissioners with their wrong doing, their license should be revoke and jail. Children's life time scar from emotional abused, physical abused and sexual molestation are permanent damage. Who is going to pay for these permanant damage?

Get rid of court mediator department and court appointed child attorneys because the system doesn't work, they are useless, never follow the laws/local rules (not reading the files/pleadings/not knowing what is in best interest of children) and place children with the abusive parents. We caught them lying on the records and they still continue place children in harm way in many other cases (you cover my back I cover yours system in the court house).

Children and the protective parents need protection. We need State Audit Family Court. Kim Turner, Marin Board of Supervisors, and Marin Family Court Judges/Commissions, Court Mediators and Child appointed attorneys can explain how possible children place in the hands of parents who have history of domestic violence, drugs, alcohol, Pornography addiction, medical abused/negligence, CPS reports, Police reports, and child endangerment. The protective parents with the clean records order to have supervised visitation with their child and force to pay enormous monitor fees with "bent overbackward scam by the screw up marin family court".

Posted by Lauren Smith (ex-Krause), a resident of another community, on May 29, 2009 at 10:25 am

Marin Family Court and it's cadre of supposedly professional lawyers, therapists, evaluators, etc. do not fail to find the truth of alleged child abuse - they seemingly do everything in their power to keep the facts out of custody/abuse cases!

One can only guess their motivation- greed? malice? the sickness of corruption?

In 1993, Marin Family Court forced my then 9 year old daughter, Alanna Krause, to live in the full custody of her abusive father. When she was 13, she ran 500 miles to find justice, which she did in Los Angeles Juvenile Court, which pursed and found truth and justice. It didn't take long to investigate the evidence and witness testimony; evaluate the parties; prove the truth and sustain child abuse charges against the father; secure the child's safely and return her to me.

Furthermore, this fair and unbiased court showed that the Marin Family Court, it's players, and Marin Child Protective Services had all failed to do their job of protecting the child, but had worked in concert with the father to cover us his abuse of my daughter and force her to suffer more years of his violence (without the protection of her mother or "American Justice".)

Obviously, a court of law should protect victims from perpetrators of violence, not work with them to cover up the facts and enable them to continue....which is what Marin Family Court has consistently done for more than the past 15 years.

It's high time the Marin Family Court was exposed for what it is and reformed....and restitution be made to the victims of its corruption.

Posted by Yevrah Ornstein, a resident of the Woodacre neighborhood, on May 29, 2009 at 3:06 pm

As the person who invited Karen Winner, an outsider, to objectively investigate the Marin County Family Court system headed by Dufficy at the time -- I know in intimate and surfeit ways the inhumane and unlawful breeches of public empowerment, as well as, the failure to follow and respect the rule of law, frequently indulged in by officers of the court. Massive lust for and abuse of power, astounding greed and corruption were the hallmarks of Marin’s family court system, as substantiated by the Winner Report. Imagine the hubris and arrogance to actually call themselves, this inner circle of pets of the court, “FLEAS” -- family law elite attorneys, with Dufficy at the pinnacle - big daddy protecting and feeding his flock . . . flouting their sense of entitlement and immunity from exposure, accountability and prosecution. Then you had the hanger on-ers at the periphery where there was lots and lots of easy money to be made... the select multitude of favored, incompetent court appointed whores and gigolos - faux “professionals” feeding at the trough of this enormous court ordered, court sanctioned money making machine.

Time has more than expired Marin - another report is fine. However, what is truly needed to put a stop to this heartless travesty of justice once and for all, is a class action law suit against the well known cadre that will expose, hold accountable and punish those who have harmed our children.

Yevrah Ornstein

Posted by Court Official, a resident of the San Rafael neighborhood, on May 29, 2009 at 4:41 pm

Center for Judicial Excellence lacks credibility

Dick Spotswood

Posted: 10/08/2006 04:49:41 AM PDT

FOR YEARS, a small group of Marinites angry at the Marin County Family Law Court has been on the warpath. They claim the Marin judiciary has exhibited a bias favoring friends and acquaintances. Their onslaught was brutal and very personal.

Until a few weeks ago, it appeared that the attacks had abated. A mailer sent in early September to 89,000 Marin registered voters indicates that the Marin judicial wars may have resumed.

The four-color, campaign-style mailer sent to every Marin voter was an invitation to a "Marin Judicial Forum, A Community Dialogue, part of the American Town Hall Forum Series."

The sponsoring organization was "the Center for Judicial Excellence" whose Web site indicated that it was founded by seven Marinites, including Jonathan Frieman and Kathleen Russell, both of whom coincidentally are candidates for the Marin Healthcare District Board. It's a great name for an organization. Who opposes judicial excellence?

The Center for Judicial Excellence is billed as non-political and simply aimed at good government and open dialogue with the Marin Courts. Reading the mailer, checking out its Web site and attending the Sept. 27 meeting made it clear that this is chapter two in the ongoing attack against the Marin judiciary in general and the Marin Family Law Court in particular.

At the meeting, the charges against local judges, particularly Michael Dufficy and Lynn Duryee, were relentless. There is little doubt that the group's organizers have made up their minds that something is rotten in the Marin judiciary. It's a view that many experienced attorneys, myself included, believe is without merit.

Whatever their goal, these citizens have an absolute right to examine our courts and criticize their operation. At the same time, this advocacy process is aided by transparency on the part of all involved. Appropriately, the Center for Judicial Excellence calls for "transparency" on the part of the Marin Superior Court.

To the extent that court procedures are opened to the public without discussing actual cases, this is laudable. In fact, the judiciary could use a bit of public communications savvy to reassure Marinites that their courts are on a steady and impartial course. The inevitable quandary is that most complaints against any judge relate to individual cases, making it ethically impossible for the judiciary to defend specific actions.

While the Center for Judicial Excellence advocates judicial transparency, it failed to act in a transparent manner. The group has refused to disclose its financial backers. Campaign consultants indicate that an advertising piece similar to that sent by the center costs at least $40,000, even when utilizing the center's nonprofit postal permit.

Sometimes the little things raise red flags. What, after all, was the "American Town Hall Forum Series?" A Web search showed only two references to such a series. Both were Peace & Justice Coalition Web sites referring to the Sept. 27 event. The center also touted that the event would be moderated by the League of Women Voters, but the league was absent, having withdrawn well before the session.

The Center for Judicial Excellence has a proper role as an advocacy group. A the same time it lacks the credibility to determine whether there is a legitimate basis to the complaints against the Marin courts or if this is just another instance of disgruntled litigants.

Dialogue with the judiciary is obviously beneficial. Meaningful dialogue requires a nonpolitical and truly transparent group such as the League of Women Voters, the California Commission on Judicial Performance or a similar respected organization to vouch for the fairness of the process. So far, this hasn't happened.

Posted by disgusted law litigant, a resident of the Lucas Valley neighborhood, on May 29, 2009 at 4:45 pm

The Center for Judicial Excellence, while appearing to be a legitimate forum for dissent, is nothing but a group of family law litigants who alienate children from custodial parents. The vast majority have made false allegations of abuse and lost their children because they are liars.

For the past 3 years now they have tried to outlaw Parental Alienation from courts because that is what most of them are. Almost every member of the CJE has some form of mental illness, yet maintain the typical "victim" stance that most Californians take when they feel their "rights" are in danger, yet none of the people give a damm about their children.

Posted by Observer, a resident of the Belvedere neighborhood, on May 29, 2009 at 6:08 pm

Does anyone really believe that there is a "cadre" of attorneys, judges, mediators and mental health professionals who are determined to take custody away from "protective" parents? It's preposterous. I am sure that there is another side to each and every one of these cases. I am very familiar with some of these cases and I can tell you that almost all the claims of bias are absurd. It is very easy to sit back and make anonymous statements about custody cases where the other parents, the other attorneys, and most important, the Judges, cannot respond.

This is "yellow journalism" at its worst.

Posted by Bonnie Russell, a resident of the San Anselmo neighborhood, on May 29, 2009 at 7:19 pm

Marin County is partially why I founded www.FamilyLawCourts.com and it is truly a non-profit. I am not looking for funding And believe its time to come out of denial.

The system is not, repeat; Not broken. It exists to benefit those employed in the system. Duh.

Also, California; Family Code Section 7507, authorizes the County Board of Supervisors the ability to act. Specifically, Section 7507 provides by statute, the ability to initiate a custody action failing other remedies. How many times have as the board acted?

Marin County, along with Sandra Acevedo and Ed Oklun, and Alameda's Chris Hodson, (there's always a therapist involved) is partly why I founded www.FamilyLawCourts.com.

I am now in San Diego as the Marin Court awarded/rewarded my daughter's abuser with custody of her. (We had the Alanna Krause experience). After two failed attempts to prosecute him, (Twin Cities Police tried, but being an attorney, he smooth talked his way out, claiming remorse and therapy. Then he moved to San Diego and of course the physical abuse continued.)

It's just as bad here. My client Joyce Murphy is a twenty year, UCSD medical researcher. Joyce's efforts to protect her daughter met with disastrous results but no media. (That changed after I got involved because that's what I do. See www.personalpublicrelations.com)

Top story - please click the video

Web Link

Also, please click the video for the best coverage on the above story, Ever. Joyce's voice and demeanor say it all.

Web Link

But my blast on family court is actually hopeful as it provides a solution.

Web Link

At least in part. Frankly, since the CJP and the Elkins Commission isn't likely to accomplish much, I think empowering people to make their own reports is best. Hence www.USAjudges.com

I figure with enough reports, perhaps an attorney truly interested in public service will run.

Because if after twenty years, there's no real resolution, and should you click on the page of parents murdering their children,

www.FamilyLawCourts.com/kids.html

(what is clearly evident is the murder rate is going up, not down.)

So can anyone legitimately feel they can afford to waste more time?

Make nice workshops without change are harmful. Especially when continuing attempting to work with individuals and a system of government who are clearly, c-l-e-a-r-l-y disinterested.

What does an audit accomplish as Nothing lasting came from the last one. So when all is said and done, much is said and little is done.

Make a report and make a difference. Enough reports and perhaps media can make children enough of a priority to assign a "beat" reporter to family court; and some good attorney might feel comfortable enough to run for office. Don't except anything from the CJP.

Posted by Bonnie Russell, a resident of the San Anselmo neighborhood, on May 29, 2009 at 8:01 pm

Dear Observer,

I name names and cite examples. Perhaps you're new in town. see Web Link

I also have worked with DAs to help prosecute fake attorneys. Google Ron Lais, for the attorney, and Susan Griffin of Hannah's House for the fake therapist. Or, just go to Web Link

It's all about using kids as fodder for the industry. How else to explain why the forms for Supervised Visitation include sex abuse and kidnapping. These issues should be heard in criminal court.

Likewise, I disagree with the attempts to outlaw parental alienation. AKA; the Stockholm Syndrome. People who say, It's not recognized should realize neither was PTSD, or phantom pain, until of course, it was.

Posted by Sue Correnti, a resident of another community, on May 29, 2009 at 8:50 pm

I have had the opportunity to view the Family Law Counts first hand since 1995. The real issue in my case was the safety of my then 8-year old daughter. I went to Los Angeles Superior Court thinking this is where justice is to be foundThought the use of laws in motion my ex husband lawyer Yale class of 1967, was able to turn our divorce into a circus act. During my 12 years in the system, no one wanted to even hear about the child’s well being or even talk with her. My first six months cost $60,000 and then he was able to alienate me from any legal representation by suing me, my attorney and two girl friends for Rico and Conspiracy for $5million. This plays havoc in the home that brings piles of papers in the mail box daily, stacks on the dinning room table. I guess I should be grateful that my case got consolidated into a business litigation because they value Attorney Client Privilege more than the value a child’s well being. Along the way I came to know Connie Valentine at California Protective Parents, Karen Winner who wrote a book called Divorced From Justice in New York. This is not just a situation in Marin County, but an epidemic across the United State. Los Angeles is one of the most corrupt court systems that I believe started this mess years ago. It all began with No Fault Divorce and the true reason it came about. No fault divorce turned family law into a money mill, with warriors tampering with the courts. Providers tapping into the money mill and so on. I personally requested an evaluation deposited my check Paid to Los Angeles Superior Court. The truth is that it went into a private bank account that had noting to do with the court. It seems that The Psychiatric Panel was running a private business in the courts. This was discovered the account was closed. Thanks to a grandfather who’s daughter had been wronged Marvin Bryer. He went though trials of deceit. He altered me of the disaster I was walking into and I canceled the evaluation. This is only a small sampling of the corruption going on in the system of judge shopping, pay offs, tampering and political influences. I am still not divorced and cannot even imagine wasting my time and energy in a system that is so broken. My daughter and I went from a home in Playa Del Rey on the hill over looking the ocean to the maids quarters in someone’s home with one bed and closet. Yes I confess that I could not abandon my child to child care and expect her to succeed. I was continually down at court for years, in the business litigation where in one case I became a cross defendant , another the defendant, and still another a defendant all in Pro Per. All consolidated to one Judge…I could not make a living and keep going back and forth to court. I did not get any support until 1999 when the DA finally prosecuted the lawyer father and then the fine was only $650.00. No more than running a stop light. I was not aggressive in this divorce action, because I did not want to loose custody of my child like other women had done. I lost my life savings instead. Why should a person loose everything to get a divorce she did not even want?

The follow up is my daughter is on her way to Medical School in August to be a Pediatrician and care for children that are in need and underprivileged. The time I spent with her has paid off, she is going to be a beneficial presence on this planet. Her father has never contributed and I guess feels like he won, but the truth is no one wins. I qualify for her loans and scholarship, because I have nothing but, love in my heart.

I congratulate the people that have stayed with this for so long, Connie Valentine, Bonnie Russell, Idele Clark, Karen Winner, and now Kathleen Russell at CJE. Demand that all our courts be examined. Then turn and ask how fair it is that a person gets married, has kids and someone wakes up one morning and says they don’t want to be married. Why should the person not violating the marriage be punished and loose their children? There should be some penalty for walking on your family or harming your family. Bring back Fault Divorce and see how the divorce rate will go down and kids will be cared for.

Posted by JusticeCalifornia, a resident of the San Rafael neighborhood, on May 29, 2009 at 10:00 pm

Dear Court Official:

JusticeCalifornia enthusiastically invites ANYONE in the Marin family court system to publicly, on the record, confirm or deny the statements JusticeCalifornia has made about the Marin court and its employees/appointees. Verna Adams, Kim Turner, Lynn Duryee? The referenced Marin Family Court Services mediator, or her supervisor? The court-appointed minor's counsel (and avid court defender), who for some reason was paid by the court/county in at least one case involving a millionaire, and who charges a bundle and rarely meets with his young clients? Lawyers and public relations specialists hired at public expense to defend wayward Marin judges and court employees/appointees (in fact, how much has the public paid for such services)? Any other court spokesperson (Marin County Bar Association members included)?

Or, perhaps the CA Judicial Council, CA Commission on Judicial Performance, Marin Board of Supervisors, or the Marin Family Court, would like to have an open, televised/videotaped public hearing, where family court and domestic violence victims and advocates can testify about their experiences, and present their evidence (testimony, declarations, billing statements, and court orders) straight from the court records?

JusticeCalifornia provides periodic, fact-based, research-oriented bulletins/alerts about the California judiciary to our legislators, and welcomes prompt, accurate, fact-based information and responses, sent to info@justicecalifornia.org

And, we would like to thank Don, and the Pacific Sun, for addressing the current state of the Marin Family Court, and initiating this dialogue.

Posted by Kathryn, a resident of another community, on May 30, 2009 at 12:20 am

I hope the audit will not meet the same end as the NCSC Report. That report was held up for months and the authors were instructed at the end not to comment on the allegations of cronyism. So, the root of the problems were never addressed.

Oddly enough,(before I was aware of this article) as I was driving into work on the east coast yesterday, I thought about the Marin County divorce culture for the first time in nearly a year. It occurred to me that for a rather small community, it has a light industry in divorce with an unusually high number of agencies, policy institutes, family centers, lawyers and others prodding and probing the divorcing family. I have not seen anything like it on the east coast. Here, the appointment of counsel for the child and the psychological evaluation of families is pretty rare. So, yesteday I was pondering why...

In the 1970's, there was the advent of no-fault divorce and with it came a focus on joint custody. Marin County established a reputation as a haven for divorce wonks with the publication of Judith Wallerstein and Joan Kelly's ground-breaking research on divorce, custody and family adjustment. Simultaneously,the first wave of women were entering the practice of law and family law was a magnet practice as women were perceived to be mistreated by the system.

Unhappy families vied to become subjects at the exclusive, academic Center for the Family in Transition founded by Wallerstein and Kelly. Other therapists and agencies moved in to fill the demand. Family law became the dominant practice in Marin County courts. Boutique family law firms specializing in the latest theories of divorce urged a busy court to increasingly delegate its role to various private fact-finders including therapists, other members of the family law bar and agencies to present evidence to a court that was charged with meeting the vaguely defined "best interests of the child." Local family lawyers drafted rules for the family law court to establish a system for delegation. Judges were appointed to the family law bench from the small Marin Family Law bar and lingered on the assignment.

Elite members of the family bar worked together in different constellations on different cases. An opponent in one case, might be the special master in another case with the same attorney. Clients were uninformed as to the network of relationships that might be affecting their case when a private attorney was appointed as a fact-finder or child advocate in their matter. There was no outside scrutiny. Few cases were appealed. The family law bar and bench socialized and worked together in an unusual symbiotic clique.

The murky cliquish alliance between the family bar, the court and the therapeutic community is now entrenched. Because the family court has such wide discretion as a court of equity, it is very hard to investigate and assess clear wrong-doing. But, the appearance of impropriety still clouds the court. As Justice Brandeis once observed, "Sunshine is the best disinfectant."

Posted by Parenting Project, a resident of another community, on May 30, 2009 at 4:54 am

The press in many parts of the country is afraid to tell this story. We will be watching to see if this audit presents a good model for us in other states like Rhode Island, where custody courts are doing great damage. Thanks for your ongoing detailed coverage. Web Link

Posted by Bonnie Russell, a resident of the San Anselmo neighborhood, on May 30, 2009 at 10:41 am

To: Parenting Project:

The press is not afraid to tell the story. They either don't care or don't recognize a story about institutional gouging and greed.

Family values and corporate media are not a fit. Although, as FamilyLawCourts.com links on the home page demonstrates, the busiess of government is; Business. Family court remains a huge, unregulated industry. And with media barely casting a glance, members of Congress have been indicted for kick-backs to various attorneys and some non-profits. (This is also reported on the home page.)

Local conflicts? How about the former Contra Costa Commissioner, Josanna Berkow who once sat on the board of the San Francisco Kids Turn (another non-profit) and then Ordered litigants to that particular facility? Is would seem a big enough conflict for any media as the "Ka-ching" factor is, well, glaring. Anyone notice besides me?

If media felt like examining the industry, Pulitzer prizes could be the result. And it's not as if it would require a lot of digging because in the course of decades of no-media; judges are saying the funniest things on-the-record.

Also, media could wake up people up to the fact that domestic violence is a huge and hugely profitable business model, especially when in 2005, the U.S. Supreme Court ruled that police officers aren't legally required to enforce restraining orders.

That decision is located on the Left hand page of www.FamilyLawCourts.com/domestic.html

Naturally one might wonder - why then do police departments keep marketing Restraining Orders? And the answer is: For business purposes. PD's can in a wonderful public relations kind of way align themselves with any non-profit and request federal funds (without depleting their own general fund) for monies to be used for say, bullet-proof vests....for the calls they choose to answer; which may or may not include calls from family crime victims. Again, by focusing on gender rather than the business model, the public is distracted from the lucrative business of "domestic violence."

And they have. All this is easily enough found - the problem is no one, media or co-workers, or neighbors don't mind, as long as it isn't their child.

So even the most glaring examples of something amiss escapes notice.

Consider the Family Justice Center (a national franchise) which is all hype and pr while the numbers of victims increase.

It's a quasi-governmental agency run by a the YWCA - a faith based organization. So much for the separation of church and state. The problem is - it's not as if this isn't happening in plain view. It's that media either doesn't recognize or is too lazy to deliver these kinds of block buster stories.

And in regard to the Family Justice Center (what a name!) I suggest people write to Verizon as they are a huge contributor of grants, and applaud them for donating phones to assault victims - and request no money change hands.

Would love for some editor to assign a story on the money doled out to non-profits "addressing" domestic violence....but I'd love to be 5'5" and that's not happening either.

Posted by Non save kids at Apple, a resident of the San Rafael neighborhood, on May 30, 2009 at 3:51 pm

Don't trust Apple Save Kids for monitoring the visits. They refused to document any injuries, poor hygiene, medical problems, child condition upon arrival of the child. Apple Save Kids get their business directly from Family Court Referral and ex parte communication with Judges to tell them what to do. By laws, they must follow CA court of rules 5.20 but they didn't. They cut down 30 minutes of the visitation time and bill parents without being with their child.

Apple monitors (intern therapist)admitted that 11 cases ordered with the supervised visit at Apple should not be place on supervised visitation and found nothing wrong with their relationship between the non custodial parents and the child.

New guideline CA court of rules 5.20, Non custodial parents can use Non-Professional Providers such as family members and friends to monitor the visit without paying enormous fees to these rip off facilities and some private monitors who charges outrages fees.

Numerous non custodial parents have the clean record but be place with the supervised visit. The custodial parents have history of Domestic Violence, drugs, alcohol, Pornography and child endangerment got the custody???

We definitely need State Audit Corruption in Marin Family Court!

Posted by Observer, a resident of the Belvedere neighborhood, on May 30, 2009 at 7:21 pm

Think about it. There have been thousands of child custody cases in the Marin courts, yet all we hear about are the same 4 or 5 people talking about the same 4 or 5 cases and some of these comments are not even about Marin County.

These complainers seem to be people with way too much time on their hands, who seem to expend all of their energy fighting about their children when maybe they should be dealing with their own mental health issues.

Posted by Concern Citizen, a resident of the San Rafael neighborhood, on May 30, 2009 at 9:20 pm

To Observer, are you a lawyer?

Go to Marin court house and start reading these files/pleadings (the same 4-5 cases, you seem to know which cases to read)!

One child's being hurt is too many. Yes, we will spend all our energy fighting to keep our children safe. Will you fight for your child if someone hurt them? Or you like to see children get hurt?

AB 612 passed with great victory.

Posted by Concern Citizen, a resident of the San Rafael neighborhood, on May 31, 2009 at 9:01 am

To Disgusted Law litigant

You must be a lawyer or work in the corrupt marin family court system. How can you explain Marin Family Court place children with the parents who have history of domestic violence, drugs, alcohol, Pornography, medical negligence and child endangerment. These cases had back up documents, doctor reports, police reports and many others. The parents who have mental illness is the one who get the custody?

Did you see CJE staffs talk to any child to alienate them from the custodial parents? When did you see that? You are a liar!

CJE staffs (Kathleen, Steve, Jean) are fantastic, honest, hard working, helpful, patience, very supportive and helping children to be safe. CJE is non profit organization. God Bless CJE staffs!

Yes, our children are in danger because the lawless system in Marin Family Court and having people like "disgusted law litigant" try to cover up the corruption system. The protective parents and children need protection when marin family court fail to follow the laws/ local rules and put children in harm way. Let pull out all fact and evidence of child abused from doctors and put court mediators and court appointed child attorneys on the stand (cross examination with Video camera). Marin Court Mediators don't know and understand how the laws and local rules work? They need to be in jail!

Posted by courtwatch, a resident of the San Rafael neighborhood, on May 31, 2009 at 1:05 pm

By all reports it would appear the Marin Family Court has taken its cronyism, disdain for the law and judicial retaliation against those who complain a little too far, for a little too long, and now has an increasingly large and angry tiger by the tail. (A big cat with at least nine lives?)

While the Marin Court has been known for years, across the nation, as particularly flagrant about its cronyism and family court protection of wealthy abusers (helping make domestic violence the number one crime in Marin), and therefore Marin is a prime location for a legislative audit to take place, the fact is parents and advocates are mobilizing, and stepping forward to complain, all over the state, and all over the country.

As the CA Judicial Council's Elkins Task Force, CA Commission on Women, and CA legislators who are currently addressing family court issues will tell you, fathers, mothers, children, therapists, and all kinds of advocates, academics, and court professionals are showing up from all over the state to testify about issues similar to those this article has raised. People are tired of the conflict, destruction and abuse the current system fosters and supports. Unfortunately this is not about 4 or 5 cases although 4 or 5 cases were featured in this article. The Winner report issued in 2000 was not about 4 or 5 cases although certain cases were featured in that report. The names of the victims change, but their stories don't.

The family courts, in Marin and elsewhere, would like to continue to "shoot the messengers" (or claim they are all disgruntled or mentally ill), rather than listen to the message. It is obvious from the statewide outcry that the CA judicial branch as a whole thus far has been unable or unwilling to honestly and effectively address and resolve the massive failure of the family court system --which, almost everyone testifying agrees, is due in large part to unbridled judicial "discretion" coupled with the consistent failure of the family courts to follow good laws already "on the books". So parents, children, professionals, and civil rights and child protection advocacy organizations are taking the message to the executive and legislative branches. And that, of course, is how the three branches of government are supposed to work. They are supposed to monitor and balance each other out. (Interestingly, the CA Judicial Council, which has known about the problems in the Marin Courts for years, but has failed to intervene, is reportedly opposing the JLAC investigation of the Marin court. If nothing is amiss, why oppose the audit?)

In the interim, perhaps the newer Marin bench officers should consider where the old guards' denial, and "circle the wagons, take no prisoners, you scratch my back we will scratch yours" approach Marin litigants have been complaining about for over 10 years, (see, for example, Web Link ) is taking them. It is not lost on those watching the Marin courts, that Verna Adams, who starred in the SF Weekly's "Odor Odor in the Court" article cited above, is now the Marin Superior Court's presiding judge. Or that the Marin Court, over the written objection of half of the court employees, selected former Court Executive Officer John Montgomery's right hand woman (Kim Turner) to replace him as Marin's current Court Executive Officer, after Mr. Montgomery was charged with 10 felony counts of conflict of interest. Is the path the Marin court has refused to veer from leading to greater public trust and confidence in the courts, or greater infamy? The answer seems pretty clear.

Posted by Michael Curcio, a resident of another community, on May 31, 2009 at 9:20 pm

I am going through a similar thing in the Santa Clara court. My case got moved here from Orange County. I think one of the biggest problems, is that the court knowingly allows people to testify, even after they repeatedly perjure themselves. I have had three different judges, in two different counties, point out the fat that my ex-wife lies in court. Her perjury is a matter of court record, and in one court, the judge even interrupted my attorney's closing arguments, to say "once a liar, always a liar"

Yet they continue to allow her, and her attorney, to lie, and manipulate the court system. It seems to me, that anybody with an ounce of intelligence would realize that people don't lie, unless they have something to hide. This appears to be beyond the comprehension of the judges in our court system.

Posted by Rama Diop, a resident of the San Rafael neighborhood, on May 31, 2009 at 10:03 pm

THERE IS A WAR IN OUR OWN BACKYARD AND IT IS MARIN FAMILY COURT WAGING A WAR AGAINST FAMILY AND PROTECTIVE PARENTS THROUGH JAILING, HOUSE ARREST AND OFFICE ARREST, VISITING DAYS TO NAME JUST A FEW ATTROCITIES.

Much like an ostrich digs it head in the sand, the Marin Family Court is in constant denial of the INCESTUOUS COLLUSION AROUND THE FREITAS LAW FIRM. I have experienced a FIRST DEGREE CRIMINAL CONFLICT OF INTEREST from Judge Lynn Duryee authorizing a fallacious Temporary Restraining Order for father when his attorney worked for her husband's law firm Freitas. That attorney, Ms. Alexandra Quam is now promoted as the family law facilitator, making the legal self-help center often off-limit and a constant reminder that all ROADS LEAD TO FREITAS. Then you have judge Adams presiding over the court and acting as father's attorney and condoning all kinds of wrongdoing from the judicial bench as she herself has unclean hands and a MASTER PERPETRATOR OF JUDICIAL ALIENATION SYNDROME. Her latest trick includes handing down my case to Commissioner Beverly Wood whose husband also is at the Freitas law firm, DEFIES ANY LEGAL AND ETHICAL STANDARDS. There is favoritism and bias against me and many other protective parents who are often indigent, foreigner and whose spouses or partners are (MULTIMILLIONAIRE) WHITE MEN WITH PROPERTY who can afford INjustice. I was forced to be in Pro Per for 4 days at my own trial when father hired no other than Beth Jordan, Esq. the co-chair of the Marin County Bar Association Family Law Division A TRAVESTY AGAINST THE NEEDS FOR A LEVELED PLAYING FIELD. Need I say, this court continues to place abused children with their abusers and retaliate against protective parents who dare to speak up of this gruesome dual abuse. Simply put the Marin Family Court in the main is a CRIMINAL RING and a GANGRENE that will continue to claim many other casualties unless there is a clean up of the BAD APPLES THAT WILL LIKELY RUIN THE WHOLE SACK. I welcome any comment and please keep this thread to alert the public at large about what is wrong and to unmask these wrongdoers. I can be reached at 415 424 9807 if you want to inquire about taking action for the a SWIFT SOLUTION.

Posted by Monica Slone MFT, a resident of another community, on May 31, 2009 at 10:37 pm

This is just the tip of the iceberg. The Family Courts mete out injustice and are at best a money making machine for monitors, custody evaluators, attorneys etc. There is very little concern for the best interest of the children. Unfortunately, it appears that there is evidence that abusive parents are able to win custody of the children. Further, the innocent, protective parent is often seen in a suspicious light and receives monitored visits. In Los Angeles County there is a custody evaluator J.F. who is on the panel. This individual recommends that the abusive parent be granted custody. Some of her "clients" are now adults and have been badly hurt by her recommendations. There need to be audits done in every county and the cases need to be reviewed one by one.

Posted by CA Director NAFCJ, a resident of the Fairfax neighborhood, on May 31, 2009 at 10:46 pm

The primary problem in custody litigation isn't warring parents, but a family court system that furthers a perverse, pro-abuser agenda, while placing profit motives over the best interests of children. Parental alienation syndrome (PAS) isn't a valid psychological theory, but a strategy originally crafted as a legal defense of child molesters. PAS is used to justify father-custody even in cases of abuse, so as to also justify capture and diversion of government grants and other funding.

The term PAS was originally coined by Richard Gardner, a forensic psychiatrist who apparently believed that mothers reporting abuse was more damaging than fathers having sex with their own children. Dr. Gardner committed an especially gory suicide in 2003, the same year, the American Prosecutors Research Institute issued a report calling PAS the means to obstruct prosecution of abusers, while threatening the integrity of the criminal justice system and the safety of abused children:

Web Link

Web Link

PAS methodology calls for shifting blame to mothers so that cases involving father-perpetrated abuse are mishandled as custody disputes in family court. While PAS is used across the country, the situation is especially bad in Marin County, home to the primary mediators and evaluators who crafted PAS into model custody switching programs.

I commend Senator Leno for calling for an audit of our family courts. I hope he is aware that in 2006 the Fairfax Town Council unanimously passed and adopted Resolution 2466, joining the National Organization for Women in denouncing PAS and calling upon legislators at all levels of government to work toward revising California's Conciliation Court Law and the Federal Violence Against Women Act to prevent illegal custody switches to abusers and to ensure proper adjudication of abuse cases.

Web Link

Posted by A Sweet Girl's Mom, a resident of the Bahia neighborhood, on May 31, 2009 at 11:05 pm

I applaud Don for covering this important issue. I understand that there are some cases where angry parents drag their children though contentious custody battles but as you may be aware, about 58,000 children per year are placed in the custody of a perpetrator of domestic violence or child abuse. As anyone who watches the news is aware, some of these children wind up dead at the hands of the parent that the court deems fit. This recently happened in Santa Clara County. Often, the abusive parent has more money and can afford an attorney with more political influence over the court.

I know from personal experience that this is true and happening today in our wonderful family court system. I lost custody of my beautiful 5 year old daughter because she told numerous people, some of whom were mandated reporters, that her father was physically and sexually abusing her. One daycare provider took pictures of bruises all over her back and a severe rug burn on her lower buttocks. The mandated reporters reported my daughter's disclosures as required by law. A PhD psychologist validated her claims of abuse. In addition, her half sister from a previous marriage (not my biological daughter) also testified that this man sexually abused her when she was between 2 and 6 years old. Her PhD counselor also testified that her claims of abuse were valid. This man has a long, well documented history of domestic violence and child abuse but the court ignored all evidence against him and decided to award full physical custody to him. I pray every night that my daughter doesn't end up buried in her father's backyard like the little girl in Santa Clara.

The public is not aware how often this happens in family court and the devastating results that this has on children's lives. Please read more about PAS. One thing that you may already be aware of is that PAS is not an accepted syndrome and has never been given validity by any of the boards governing the field of psychology. Further, Gardner, the inventor of this "syndrome", also believed that there is no harm in a grown man performing sexual acts with an underage girl because it is simply "educational". Luckily, this sick bastard committed suicide but unfortunately, since the family courts latched on to his theory despite lack of scientific validity, he has destroyed countless lives. There are already laws in place to protect people in my situation (CA Family Code 3027.5 and 3044), however, there is no way to protect children when judges make decisions that are unlawful, unethical or immoral. Sure, you can argue that one can file a complaint against them with the Judicial Commission, however, this does not change the ruling. In addition, appeals are costly, time consuming, and almost impossible for an In Pro Per litigant.

Our children are so precious. Thanks again, Don, for reporting on this issue. Please look deeper into the problems in our family court system and continue to report and inform the public.

Posted by Catherine, a resident of another community, on Jun 1, 2009 at 1:00 am

I am writing from Indiana but I take hope from the efforts in California to create and execute an audit process to be sure that decisions made in contested child custody cases are made in the best interests of children. As a protective parent having gone through this ten years ago, I can say that errors are devastating. The point is for courts to become better at determining whether abuse is occurring and then, if it is, making that issue trump all other factors. My personal analogy is cancer. Say a person is diagnosed with bone cancer in a limb and treatment requires amputation. What if the diagnosis was wrong and the limb was lost unnecessarily. That's a false positive and a tragedy. That would be like determining that abuse occurred when it didn't and separating a parent from their children without cause. That's very very hard and proponents of parental alienation syndrome use this argument. On the other hand what if a patient is told they don't have cancer but they do have the disease. No treatment is delivered and the patient dies. That's a false negative and very much like what happens when abuse goes unaddressed and protective parents are prevented from rescuing their children. Children will very possibly die either mentally or physically and protective parents will be anguished beyond measure with survivor guilt and a sense of powerlessness. Please believe me that right now the family courts are not capable of preventing these errors for many reasons, some of them listed in the article and in other comments. The stakes are life and death and an audit is just a beginning to getting to a place where these errors can be prevented. In the medical field outcome audits are essential to prevent catastrophic mistakes. Errors of custody in family courts where abuse is alleged are just as critical and consequential to human life and mental health.

Posted by Cherry Simpson, a resident of another community, on Jun 1, 2009 at 5:34 am

It's time to ask the family court system, "What are you doing?

'Why the increase of murder suicides of fathers, mothers and children across this county?" Could keeping families in the family court system for 7 or 8 yrs and the stress and high cost of this be a contributing factor?

Why are families being treated as second class citizens, and being discriminated against in the family courts?

The law should not be subjective? We need reform to enhance accountability of the family court judicial process. Law should reflect reality.

Posted by JusticeCalifornia, a resident of the San Rafael neighborhood, on Jun 1, 2009 at 7:49 am

Don's article mentions that cronyism has been and remains a major concern in the Marin Family Court. Unfortunately, the Court is not doing anything to alleviate those concerns, leading to the comment above by one mother about "incestuous collusion" and "all roads lead to Freitas", as well as the "favoritism", "bias" and retaliation she has felt. (The mother above was concerned because the father's first lawyer was Ali Quam, a lawyer at the Freitas McCarthy law firm, and two bench officers --Judge Duryee and Commissioner Wood--whose respective husbands are partners at that firm, have made rulings in her case. Now Ali Quam has been hired by the court as a Family law facilitator, and the mother cannot use the Marin legal self-help center.)

The mother's concerns about the Freitas firm are shared by others. In fact, JusticeCalifornia has written about the Freitas firm in at least two bulletins sent to the legislature earlier this year. Following are excerpts from those bulletins (and, as always, JusticeCalifornia invites anyone to dispute the facts stated below by JusticeCalifornia):

“[I]n 2009 Marin County has stacked its Civil division of the Superior Civil with judges who have re-election ties to the Marin law firm “Freitas, McCarthy, MacMahon and Keating”. The judges are John A. Sutro, Jr.; Michael B. Dufficy; and Verna A. Adams.

( Web Link )”

“According to Recipient Committee Campaign Statements on file at the Marin Civic Center Elections office, attorney Neil J. Moran served as campaign treasurer for re-election committees of Judge Sutro, Judge Dufficy, and Judge Adams. Mr. Moran is a partner at “Freitas, McCarthy, MacMahon and Keating” a firm with practice divisions in almost every major area of law

(Web Link ). The Freitas McCarthy law firm was the top donor to the 2004 Dufficy and 2006 Sutro re-election campaigns. Neil Moran and other members of the Freitas firm appear against opponents before the civil bench, without bench members or the Freitas firm first disclosing the connections between the Marin bench and the firm. The “representative clients” of Freitas McCarthy currently listed on the Lawyers.com website include the County of Marin, the City of San Rafael, the Marin Municipal Water District; the Town of Tiburon; the City of Belvedere; and the Tamalpais Union High School District. In addition, Mr. Moran is married to Marin Judge Lynn Duryee (Juvenile/Criminal dept.), and his partner, Peter Kleinbrodt, is married to Marin Court Commissioner Beverly Wood (Family Law). Under California law, Judge Duryee and Commissioner Wood have a community property interest in the earnings and profits of their respective lawyer-spouses. If their fellow bench members give the Freitas McCarthy firm a favorable case or fee outcome, Duryee and Wood stand to benefit.”

“In late 2005, Beverly Wood and Roy Chernus were chosen by the Marin bench from a field of approximately 60 applicants for employment as Marin Court Commissioners.

At that time, Judge Lynn Duryee was the Presiding Judge of the Marin Superior Court and Family Law Division.”

“In her 11/9/05 Statement of Economic Interests on file at the Marin Civic Center, Beverly Wood reported an interest of $10,000-$100,000 in the Freitas McCarthy Law firm. She also reported that she worked as an attorney at the Freitas McCarthy law firm just prior to her employment as a Marin Court Commissioner. According to her February 2009 Statement of Economic Interests, Beverly Wood’s interest in Freitas McCarthy has grown to $100,000-$1,000,000.”

“Judge Duryee also reports an interest of $100,000-$1,000,000 in the Freitas McCarthy Law firm in her 2009 Statement of Economic Interests.”

“Interesting Note: Marin lawyer Ali Quam was recently selected for employment in 2009 as a Marin Family Court Facilitator. Prior to her selection, she was a family law attorney at Freitas McCarthy.”

“After Wood’s selection as Marin Court Commissioner, Judge Duryee served as the Marin Family Court judge, and her friend Beverly Wood served with her as the Family Court commissioner.”

Posted by Help our children, a resident of the Fairfax neighborhood, on Jun 1, 2009 at 10:09 am

Yes, yikes, protective parents stay away from "Family Law Facilitators", one of most notorious representative (per MAWS volunteer) of men who abuse women and their own children, is now directly employed by the Marin County Family Court. Prior to employ, extreme favoritism of this attorney by the judge in all motions filed, caused direct physical harm to children, all hard evidence and doctoral opinion ignored, no viable way to appeal.

Harm to children is happening here in Marin County and the children are forced to try to protect themselves. CPS does nothing to help, in fact is major player and chalks abuse up to "It's just a custody battle", as an excuse to not do their job. Children speak and no one acts to protect them. CPS ignores hard evidence of abuse and endangerment and works in concert to protect desires of abusive parent, who is the wealthier party. Follow the money trail...the trail of tears and blood is ignored...follow the money in this audit and it will lead to the cause of pain and suffering of our children.

We need to stand together and look with open eyes and open hearts at what has happened to the children taken from protective parents by Marin County Family courts especially, after a parent has turned to court for help to stop abuse. No more deaths, no more injuries, no more pain for our children...this audit is a wake up call to justice that has been blind to the screams of our children and the parents who courageously stand to protect them. We will no longer stand silently as our children are harmed by biased, crooked judges, corrupt mediators and therapists who openly break the law. My children are done suffering and have a ray of hope that some how the audit will set them free from the ongoing abuse and endangerment they are forced to endure by the Marin County Family Court and CPS.

Court allows untreated, un-investigated previously diagnosed mental illness of abusive parent and court applauds abusive parent's new AA enrollment with granting of more custody, regardless of physical endangerment of children and repeated multiple serious injuries caused to children, counter to doctoral opinion. There is no child protective agency in Marin.

Turning to Marin County Court for help to stop child abuse= loss of your children, loss of your financial stability and increase physical, emotional and mental harm and endangerment of your own children.

How can we tolerate this sort of misconduct by highest paid elected civil servants?

Here in Marin let us stand together for what we value most..the well being of our precious innocent children, their future rests in our hands. Let us stand together and say: "Shame on you who turn a blind eye to child abuse and create pain and suffering for children, may your cloak of illusion be lifted now, to reveal the truth of your crimes and may you be punished accordingly and may all those who have been harmed by this broken system receive immediate refuge, in restitution and peace and safety, from this point forward."

Please stay on top of this, lives of children are depending on you.

Posted by wayt, a resident of another community, on Jun 1, 2009 at 10:27 am

I was recently interviewed by a very nice young woman at a meeting down town Los Angeles at the Law Library from an organization called the “Elkins Group”.

She explained to me that she was doing research for the Supreme Court of the State of California. They wanted to hear from litigants themselves how the lower Courts were doing. They wanted to know what was good about the system and what was bad.

I was at this meeting with 4 other women, all professionals, and all intelligent, all seemingly sane, caring mothers…. And each of them lost custody of their children for a crime that is called “Parental Alienation.” There was one man in the group that prevailed in the courts and shared custody of his kids with his ex-wife. The researcher recorded us all for several hours.

My Story

As a self represented person, against two attorneys, my ex-husband, a divorce attorney himself and his lawyer… I stated to the researcher on record that nothing about the lower Courts worked for me…. accept the clerks in the filing rooms who have worked tirelessly to help, and answer my questions when they can.

The Family Law Facilitator was never available and did not answer a single call or return when I left messages. The Court House Help for litigants at the cafeteria could not answer a question above the simplest of forms to fill out. A question such as, “How do I ask the court to implement the recommendations of the court appointed evaluator?” …. was beyond their scope. Seeking help from these sources was a waste of time. The only recommendation they gave…. was for me to talk to an attorney. At hundreds of dollars an hour at the time it was not an option for me.

THE NUMBER ONE PROBLEM WITH THE LOWER COURTS FOR ME IS:

A judge that does not do his job.

A judge that does not read or familiarize himself with the facts in the case before him.

A judge that makes rulings, pronouncements and hands out expensive assignments to pay for evaluators, therapists, minor’s counsel without reading or having knowledge of the most basic facts in the case first. You do these things or else. You do it because there are no other alternatives, say no to a forensic psychological evaluation for $13,000.00 and you could loose your kid.

Judges and commissioner make such orders and demands without the slightest consideration for the costs that drive people into poverty as they try to do what is in the best interests of their children.

For months prior to a hearing, I meticulously prepare facts and evidence. I then cut it all down to the bare minimum of pages so that the judge can have clear picture of our case for, “My Day in Court”. I do this painstaking work because there is so much at stake, the health and wellbeing of our young boy and his situation that must be resolved to his best interests. I pay dearly for this opportunity to be heard.

I present school records, medical records, financial records, correspondence, photographic documentation, sworn declarations of witnesses to real events…to back up my claims and pleas to the Court. At first I paid massive amounts of money to a lawyer to prepare evidence and my paperwork and when the money ran out, I prepared my own declarations, careful to follow the rules and procedures of the Court.

And what happens? The judge enters the courtroom tells me that he is dismissing the court reporter, I am too fearful to argue, he pushes my file with my moving papers and the facts aside on the table before him, leans over the bench and asks opposing counsel to explain to him what is happening in our case. From that point on I cannot get a thought or word in edgewise.

In one hearing the judge didn’t even know where or with whom our son was living. This is the main issue before this Court. The first few times this behavior by the judge came as a terrible shock. “Shouldn’t he know where our child is living?”…………is what raced through my mind. My head spins, I don’t dare question this judge for fear of being disrespectful and fear of his retaliation. Opposing counsel rattles off, outright lies, in open court and continues on a course of misconduct that if the judge paid attention, his actions would be sanctionable. If only the judge read our paper work, he would surely recognize that opposing counsel was lying through his teeth though out the hearing.

My verbal responses don’t come fast enough, and opposing counsel is a Gatling gun. Although, all that I wanted the judge to know, was in my paperwork sitting before him on the bench. None of it was read, none of it was considered, and then the hearings were over.

I have already submitted to the most intrusive and expensive forensic examinations and I have passed. I have more expensive assignments for yet, more therapy from this judge. I have done it. I have done all that judge has ordered me to do. I have paid for it and now all my savings, my IRA, everything is gone. I am scheduled back to court soon. Let us see what will happen.

I consider myself blessed. I have friends who help and a little knowledge of the system. My great concern is for those families that have no help and are completely alone in this terrible, broken, system.

Posted by Fearless voice, a resident of the San Rafael neighborhood, on Jun 1, 2009 at 11:09 am

Bias: Judge folds arms and says "My mind is already made up and it is going to take an awful lot to convince me otherwise and I have to be some where in 20 minutes, but go ahead." Handed doctor report, judge pushes it aside without reading.

Child sustains physical injury, parent not supervising, judge does not careChanges custody counter to physical well being of children.

Afterward,..multiple needed E.R. visits to treat serious injuries to children, still judge does not care, hard evidence ignored.

Parents are silenced and not allowed to protect their own children from known endangerment and abuse.

There are numerous parents and children all over the country who have been gravely and seriously harmed by corrupt practices by "Family Courts", to say other wise is a mistruth.

Support change for the better...

Go Senator Leno, light the truth afire for all to see!

Bravo to the Pacific Sun..keep shining truth on this!

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 1, 2009 at 12:43 pm

WOW....some facts were offered, some completely emotional rants vented, and "just a true glimmer of reality" were exposed in the comments here....

FACT: CJE is getting its just reward as a "women's" organization in disguise, just as I warned them they would....don't argue with me...you can look at your efforts in the most recent Sonoma COunty "meeting" your hosting...PROOF: You never invited Fathers4Justice, but you have NOW attending...

FACT: One lady here had it absolutely RIGHT, NO FAULT DIVORCE, something WOMEN fought for...has way more "unintended consequences" than anyone expected..(started in California, appx 1973 or 1975)..PROOF: At least in my case, Marriage in the Roman Catholic Church, does not come with a "divorce" exception...and your California Prop 8 recent headliner would not be necessary if "we the people" KEPT THE STATE out of religious matters, the STATE has no business dealing in the divorce of people married under their respective religious umbrellas. Now if Anyone wants a civil UNION by the STATE, gay or straight give it to them, but keep your power hungry, money laundering hands out of my religion and my marriage....abide by the constitution.

UNFORTUNATE FACT: There is not one man that anyone at CJE can point to who is complaining that his ex-wife who's a drunk, beating the kids, HAS CUSTODY! YOu know there is such a case out there....and I have the facts on the record....7 DUI's is a problem...and she gets mean, and she beats my daughters, (only when she's drunk, and she apologizes) BUT CJE started with a noble intent, and has lost it, your NOT ANY DIFFERENT THAN the MARN FAMILY COURT...you have compromised your purpose over money just like the Court players...SHAME...get it back ....cause were all human...were not perfect, cause were human not God's, were supposed to make mistakes...BUT we're also supposed to learn from them....

FACT: If you think for one minute that ANY Mother or Father is going to allow their flesh and blood to be taken from them....you are going to get a fight...in FACT: PROOF: If anyone threatens a parent child relationship...that entity JUST STARTED the FIGHT! Get it!

You want a divorce, OK, but you got KIDS, then the law should force true shared parenting on both parents, to actually take care of them with shared parenting, (besides if women are equal they dont need his money, but the children do need BOTH parents) and the only way a parent loses custody of their kids is to stop caring for them....and them the Court gives what you both deserve, custody to the remaining caring and dedicated parent....

MY TURN: YES, the Marin Family Court is corrupt. WHY? Because look at that bench...EVERY SINGLE member of that bench got there from an INITIAL appointment by the Executive branch (read Govenor)...via political favors...NOT one can claim that they ran for election and had the SUPPORT of the MARIN People...they might have on a RE-Election, with the support of their law firm buddies...but NONE of them could get there the way the system was designed by election to start with....and once in any office in this country, the incumbent always seems to STAY all to our peril...just look at US Congress, worse approval rating than President Bush, but they all got re-elected...

THE Commission on Judicial Performance....this is a multiillion dollar waste of California Tax payer money. THERE HAS NEVER been ANY MEMBER of the MARIN BENCH REMOVED FROM OFFICE IN MORE THAN 35 years of this watch dogs efforts of operation, NOT EVEN after it was publically revealed that a recent member of the MARIN BENCH had alzheimers so bad he could not even find his bnch without help and they "let him resign." Flat out mental incapitation, and everyone in the Court knew he had lost it, and they did nothing!

FACT: NEITHER PAS OR PARENTING can be found in the DSM (shrink's manual of recognized illinesses....THERE is NOT one "shrink" who can "evaluate" wat is a good parent or a bad parent...by ANY LEGITIMATE medical standard...SO STOP THESE EVALS!

As was decided by the US Supreme Court the VAWA ACT (Violence Against Women's Act is Unconstitutional (It's original Act, since amended, but still wrong.) because it is gender discrimination...BUT WE ALREADY HAVE LAWS for assault and battery, and the punishment and the, "legit" proceedings for this work better in a criminal court, than the farce that the family courts display, while ignoring everyone's civil rights to "due process."

MARIN FAMILY COURT: These people have not enough money to hire enough judicial officers to handle the load, cause the STATE is more than broke and has been....Commissioner Heubach while one he Family Court assignment had over 600 cases assigned to him, there's only 365 days in a year, just how much time could any human expend with such a caseload....it does not mean that I respect his complete disregard for the law when he handled my case..(there, you got a name from me, and I second the others already mentioned above...)

California's OWN head of the Child Support Enforcement Division testified before the US CONGRESS admitting that California "plays" the federal system to suit their budget needs Not th waty the federal government designed it. IN LAYMANS terms California Games the system....What say we ask KING GEORGE (that's Ronald M. George) the head of the California Court Systam and the Chief Judge of the California Supreme Court just what he does with the more than 5 BILLION that he gets fro the state to run his department, and ....

by the way King George: According to California Law, When a litigant presents a Writ of Habeas Corpus before your Court the Litigant is "entitled to a written explanation of why the writ is being denied," if it is not granted....THEN WHY DID YOUR COURT draw a line thru its title and write in Writ of Prohibition/Mandate and then the Court wrote a one word Denied for its response, this kindof leadership, is why the Court system is a wreck!

FINAL NOTE REGARDING COURTS: The California court system has basically three parts, Criminal, Civil and Family...(yes we know traffic and small claims, etc.)

BUT In criminal if you can't afford a lawyer the state must provide one, in Civil (I'm including Probate here too) there are LIMITS ON WHAT THE LAWYERS CAN GET...either based on percentages or the value of the case....BUT NOT IN FAMILY COURT, they can take EVERYTHING you and your spouse own and mortgage you and your childrens future by churning the case, and they do, because they are very good at pushing her emotionl buttons to "fight" and threating him with loss of custody (FACT: IN California mothers get custody 93.7 percent of the time, and fathers get less than 10 percent...mostly when mothers "just walk away..." dont believe me go read the dockets, its the only way to find out the truth, because the court will not publish anything about their stastics!) and forcing him to pay exhorbitant child support and alimonywhile making him a visitor to his own children....ladies think twice, before you react, IF IT WERE YOU what would you do...read the headlines, not everyone will take this hopeless position laying down...some will end that kind of torture in serious violence, it is now more often than ever...sad, very sad...

THERE IS A SOLUTION: CJE GET EVEN HANDED, GET BOTH SIDES TOGETHER, otherwise your no different than the Court system itself...Joining the forces will give "full force to the effort" keep CA NOW and Fathers4Justice on the same side, and then YOU CAN GET IT DONE because they find the resources and they take the risks...If CJE or their supporters find this offensive, then check you gender biggotry button, and fix it or fight a losing battle you can never win, because the government wins when the people are divided!

FIX THE FAMILY CODE: More than half the family code is UNCONSTITUTIONAL, Evaluations are unconstitutional, and just as unsubstantiated as the PAS complaints...If one of them is nuts, then we have laws for the mental illness issues, JUST because you hate his or her guts, doesn't mean that they have a mental illness,

GET FORCED SHARED PARENTING DONE IN CALIFORNIA, look at it this way, regardless of how you feel as a parent, the children are entitled to have both parents, Mom you dont get the right to replace Dad, because you think ....and Dad you don't get to throw her under the bus for a new trimmer model, cause the kids like their parents for what they know inside, and they dont care about your narcissitic wants and dreams...You want a divorce, OK , BUT you have kids, OK then there are going to be strings according to your obligations not according to your "free wishes." You both are required to SHARE parenting, and if you can't agree one a balanced number of days per month, in households located in the same school district, then the Court will act like Solomon, and CUT the line in half the way they see it....then if you fail to hold up your responsiblities, (ladies were talking legitimate neglect here, not your way,) then the Court can "terminate custody permanently."

Get rid of child support orders that the government uses to fill its coffers of people control, legit mothers and fathers spend freely and responsibly on their children, let them. BUT "professional" mothers using men for paychecks, needs to end, men and women are equal, and the age of sufferage is gone, get off the dependency and on to womanhood...sounds and is meant to be like manhood...

Maybe when they people realize that what the "Court's" could give or take is not what they want happening, then we will have less divorce, and yes you brought them into this world, and you chose your partner, and funny even surveys say that 68% of those divorcing should not have, and they really dont know why they did...at least keep it together until the kids are gone!

UNITE PEOPLE, and Pacific Sun thanks for providing the forum for these needed discussions as well as covering the events and concerns..

Posted by Karen Anderson, a resident of another community, on Jun 1, 2009 at 1:09 pm

As director of a statewide child advocacy organization and mentor to the (nationwide) Courageous Kids Network, I have spoken with kids all across the nation who were removed from the custody of a safe, fit parent and were forced into the custody of their abusive parent. They describe astronomical trauma from having to endure years of continued abuse, while being deprived of the safety, nurturance, and comfort of their protective parents. These kids have had to live with the fallout of judicial malfeasance, that “robbed them of childhood” and “scarred them forever” (their words.) One only has to listen to their stories first hand, to see the tears pouring down their faces, and hear the deep pain and grief in their voices, as they recount the irreparable harm done to them, aided and abetted by family court officials, to know that the complaints of Marin family court litigants, and other similarly situated complainants around the nation, have merit.

Family court is a failed social experiment. It has devolved into a multi-billion dollar industry, big business--a money making racket that is doing far more harm to society than good. It is destroying children's lives, driving their parents into poverty, and is causing untold emotional suffering. A revolution is brewing against family courts all over America, and rightly so, as parents nationwide (both mothers and fathers) are complaining about the same types of injustices: judges not following the laws; children being placed in the custody of abusers; fit parents being denied the liberty interest right to parent their own children; cronyism; gender bias; incompetence; perjury not prosecuted; being financially fleeced by greedy lawyers; being forced to participate in unwanted and unnecessary court ordered services to the financial enrichment of family court service providers; suffering judicial retaliation for exercising their constitutionally protected right to seek redress for grievances against court officials who abuse power; being deprived of any EFFECTIVE remedy for these injustices; etc. And, there is definitely no EFFECTIVE remedy for these injustices.

The current family court system, by its very nature, is a set-up for failure, contraindicated to ensure that custodial placements are really in the "best interest" of children (an unconstitutionally overbroad standard--but that's a whole other discussion.) In the first place, adjudicating custody in an adversarial system with the nonsensical ideal of enlisting parental cooperation is akin to putting two people in a boxing ring and offering a million dollar reward for the first knock-out (reward—custody of child), and then punishing them for hitting each other! It defies logic. Then, there is the monumentally disastrous child support system adding fuel to the fire, that morphs children into financial commodities by awarding child support based on the amount of custodial time a child spends with each parent. The potential for bad motive custody litigation created by this plan is self-evident.

However, the underlying cause of all the problems in the current family court system can be boiled down to one sole factor: lack of judicial accountability. The family court system cannot be "fixed" by passing more laws and rules of court that judges and/or ancillary court officials can ignore, misapply, or blatantly violate with impunity. Judicial immunity MUST be abolished for the current system to work, so that every litigant can be assured of fair, honest, and competent treatment under the threat of civil accountability for judicial negligence/malfeasance. Family court litigation represents a consumer service. As state employees paid with public tax dollars, judicial officials work for the people in providing that service. And just as in any other consumer service, those providing the service should be held accountable to do their jobs right, and pay restitution for the damage that results from their failure to provide honest and competent services.

As for judicial misconduct in the form of cronyism, illegal ex parte communications, bias, corruption, etc. there is a little known remedy that would go a long way towards stopping abuses by rogue judges and their malevolent judicial “helpers”: penal code 96.5, which makes it a crime for a judicial official to “obstruct justice” or “pervert the law.” Certainly, many of the complaints made by Marin litigants, not the least of which are hidden conflicts of interest, would squarely fall into the categories of obstruction of justice and perversion of the law.

As a nation, we need to stop giving lip service to providing safety for children and start assertively ACTING to protect kids. Our kids deserve better than what they are getting from family courts. And they deserve restitution for judicial rulings that ruined their lives. The California judiciary should take a lesson from the outcomes for children who suffer trauma, as evidenced by Dr. Felitti’s ACE study (Adverse Childhood Experience), which makes it clear that society will pay an exponential price later for the trauma inflicted on children now because of the family courts’ failure to properly adjudicate custody/child abuse cases. Bravo to the Center for Judicial Excellence, and the many organizations they work with, for shining a light on the darkness of the family court system.

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 1, 2009 at 5:09 pm

Touche' Karen Anderson....but you need to pay attention to California Penal Code 96.5...its one of those sounds real good parts of the law that was "MODIFIED" just a few years ago, and this was the work of the California Judiciary Committee...SEE THE LAW USE TO SAY: IF the Officer "knew or should have known," that their conduct...obstructed or perverted the law...see now it says "knew" as in they deliberately knew that they were obstructing the law, prove that...in a criminal court of law, that the "officer knew what he or she was doing was wrong....LOL and LMAO come on now, you cant be so gulible,

clearly its only us law abiding citizens who believe what the law says, and thats why were in the mess were in...we cant get out of our mindset to act with wreckless abandon and cant bring ourselves to flout the law, ...too bad for us....

finally there has never even been a CHARGE based on that penal code statute leveled against any California Judicial Officer, and because of the way its worded I doubt there ever will...unless you get an arrogant offender who shouts at the top of their lungs...,

"I bent that one over and those people too, and I'd do it again given the chance!...

Thats Movie script stuff, in real life they cover their over paid six oclock positions...

FACT: NOT ONE MEMBER OF THE MARIN JUDICIAL OFFICERS ever made as much money as they do working for the court...cause in private practice those that know what their doing make 250K or more no matter what law they practice...and why would they take or even be able to afford a pay cut in half...125K for a judge is peanuts, compared to private counsel....so imagine the "level of talent" ...why do you think that te Govenor has to appoint people to the bench....

.....just what kind of successful lawyer would in their right mind even think of running for a job that pays half as much...and cost money to get on top of it with a election campaign and all those expenses...especially when the "locals" are supporting the incumbent...look at the two members of the Marin Bench NOW who have husbands at Marin County's largest private law firm Frietas'....and they "contribute" to keep their wives happy...and employed by the State....

Get the people to care and maybe that will change....but you still need both sides to even stand a chance .....cause divided you lose!

Posted by Molly Shannon, a resident of another community, on Jun 1, 2009 at 5:26 pm

Same story in San Diego. Judges and Commissioners who only listen to one side (the abusers) and anything the protective parent says is "hearsay." Commissioner Jeannie Lowe placed my child with the parent that my son says abuses him. My son begged to be heard in court and was denied by Commissioner Lowe. Papers and evaluation forms from my son's school proving that he was failing and missing school were not permitted in court due to my son's minor's attorney, Timothy N. Smith, requesting they not be. Wouldn't you think that if the attorney really cared for the best interest of the child he would want all the information that indicated the childs physical and mental health to be considered? No, not in San Diego Family Court. There is still more money to be made by the court system and the cottage industry of minor's attorney, psychologists, monitors and therapists that have sprung up around it. It's about the money -- not our children.

Posted by Jonathan Frieman, a resident of the San Rafael neighborhood, on Jun 1, 2009 at 5:27 pm

There are about 30 responses, and a number of them are aliases, used, presumably, for protection. That and their content speaks to the contentiousness of this issue, which owes a lot to the emotions that are fired up as a result of what happens when people fall in love, have sex (which is usually an intimate process that opens one up emotionally to a very vulnerable state), produce children (loads of smart people willfully have sex without producing children), and then fall out of love and fight like children about the children they produced. That's been going for 100's of thousands of years, a fact that should be acknowledged aside from the fact that we shouldn't be producing any more children. But to get to that perspective and keep it is damn near impossible.

The few posts which flame CJE are out of line. If every "member" of CJE has a mental illness, I remind you all that it must take one to know one. Worse, I've heard CJE called names by elected officials.

As Karen Anderson alludes, family court is a failed social experiment. While that is an opinion formed out of facts, I suggest that testament is true now that there is substantial proof that something is going on. A similar issue is that the high percentage of teens who engage in binge drinking in Marin--40%, which is far higher than the state average--is a public health problem.

So's divorce, people. So's divorce. So I go further than Anderson's post and declare that the "family court" ought to be ended, and a new institution developed to handle its problems.

There does need to be a correction in the post of Court Official's re-posting of the Spotswood article. Dick Spotswood (and Richard Rubin of the I-J) often get their facts wrong (or maybe they get their facts wrong about only me), and Spotswood, in the posted article above, wrongly claims I am a co-founder of CJE.

Posted by Larry Simpson, a resident of another community, on Jun 2, 2009 at 4:59 am

Check out the map of DV homides across the US in last 30 days.

Web Link

Why the increase of DV related murder and suicides? Could the economy and the HIGH cost of YEARS of time in COURT be a contributing factor?

Who are the courts helping, besides themselves? Didn't they take an oath to "Do No Harm?" They should.

Why no accountability and no oversight?

I pray the Select Committee Audit will help to correct some of the family court abuse which is running rampart in this country.

We're tired of seeing headlines FULL of murder-suicides of DV victims.

Posted by Regan Martin, a resident of another community, on Jun 2, 2009 at 5:14 am

My story was featured on the National Domestic Violence Hotline Web Link website

Also on cover of Chicago Tribune Web Link

I think you've probably heard of the cases (Connolly Boys Jack and Duncan Web Link ) across the nation where fathers/husbands are killing their wives and children. It's becoming a national epidemic.

FACT: Family Courts are putting women and children in harm's way.

This has happened in my case. A family court judge modified the criminal OP while abuser was out on parole but being prosecuted for 13 cnts of viol of OP, the judge ordered I give him my contact info. He then viol OP 3cnts 3 days later. The judge caused this.

I was brutally handcuffed, raped and beaten in May 2006 by this man.

Please watch this short video and you will know my real life fear - daily. Web Link

My rapist/husband made the 911 call, he wrote a confession to the rape. Yet they allowed him to plea out of the sex crime status thus tainting all new court cases.

Social Security gave me new #'s they said I and my battered children had over whelming evidence to warrant a new identity.

Then the Family Court Judge gave this man my contact number and granted visitation to the 200lb man who whipped two 30 and 40 lbs little boys with video cables.

My abuser was true to form he re-violated within 3 days of receiving that order.

Family Court Judges can not MAKE batterers good father's by simply ordering it. We need DV specific laws that give women and children effective legal guarantees of personal-security.

Otherwise the death count will increase.

Posted by Jay, a resident of the Greenbrae neighborhood, on Jun 2, 2009 at 8:24 am

The guy in the

black robe is not a Judge, he's a hired gun, through the Judicial council, of the DCSS. So this is a true Kangaroo Court.

It's all about the Federal incentive money given to the county courts, that's why there's never 50-50 custody. There always has to be a custodial parent and a non-custodial parent. Guess which one has the higher income? Next years budget is contingent on this years "take". And it's "all for the children"!

Posted by anon, a resident of the Mill Valley neighborhood, on Jun 2, 2009 at 9:04 am

You know what Jay? I'm afraid you're right.

It's all about the money. Won't matter which parent is a better guardian for the child. It's going to be about the money. Won't matter if a child appears in court with evidence of abuse. Even if they go back to the "good" parent, eventually the "bad" parent will win out if there's enough money involved.

Tragic but true.

Posted by wayt, a resident of another community, on Jun 2, 2009 at 12:04 pm

Karen Anderson!!!!!!

Lack of judicial accountability……YOU HAVE NAILED IT! The 730 evaluators are unaccountable, the minor’s counsel I believe enjoy the same untouchable status, the reunification therapists too. Some of these people serve only to destroy the lives of our children by making bad judgment calls with no consequences to their action, or inaction to the devastating effect on our children’s lives. You sign that away in the contract, before they begin to meddle, and “churn the case”… aptly said by Self Imposed Exile’s post earlier in the day.

One suggestion I made to the Elkins Group is that these contractors lose immunity. If my attorney commits malpractice I have recourse. If my medical doctor makes a terrible mistake that affects my physical well being, I have recourse. These Court appointed people are professionals and they are very well paid. They should subject themselves to the same scrutiny as another practitioners in their field. As it stands now, they are being treated as judges but extremely highly paid judges. When large sums of money are put out for such services without accountability??? Someone please finish this sentence.

Where do we go, those of us you call the, “FIT PARENT?” If there is a national movement, where is its center? Where can we go to meet and organize before …our children who are still young, our children… who still have a chance, our children who are still caught up in this Court orchestrated social engineering project,….. how can we do something now, before they are destroyed?

Posted by H. Wood, a resident of the San Anselmo neighborhood, on Jun 2, 2009 at 1:41 pm

For too long now our courts have operated under a veil of secrecy - and not just here in Marin, but throughout our state. Our state courts receive over $4 Billion in taxpayer money with virtually no accountability. With the threat of losing our state parks and state welfare program due to our legislature's inability to balance our budget (The primary and most fundamental task we elect them to do), I find it hard to believe there is no talk about cuts to the courts. Why? Because the most powerful special interest in California is the CA courts lobby -

Somebody should also explain to Kim Turner that translating court documents into Spanish is not bending over backwards, but rather doing the bare minimum.

If Ms. Turner wants see what its really like to bend over, she simply needs to stroll down the hall to the courtroom where they are hearing Marin's family law cases.

Special thanks to Senator Leno for pioneering this audit - its been a long time since Marin has had this kind of leadership.

Posted by Attorney X, a resident of the Tiburon neighborhood, on Jun 2, 2009 at 11:56 pm

Hey, you know I'm not going to print my real name!

But, from a lawyer who's made a lot of money in the Marin court system, and isn't ashamed of it--but is the first to cop to the problems outlined in this story--I say hurrah to the Pacific Sun for going ahead with the story. When this week's issue hit the stands at the civic center--ooowee! You should have seen some of the faces. Mostly glad. A couple sheepish. Those of us in the know, know who they are.

Posted by When Enough, a resident of the Fairfax neighborhood, on Jun 2, 2009 at 11:59 pm

Although it is encouraging the Sun wrote an article on the Family courts- it is obvious this article passed through many 'special' editing hoops before it was published. Or perhaps the author is an expect self-censor because the numbing damage control salve used on ‘the public’ is quite sophisticated. Just like the front page illustration the Sun's job was to portray the custody issue as a level battling ground where equally irresponsible and bitter parents play tug of war with Jr and the weary family court referees the best they can over those ‘complicated divorce decisions’.

Scholastically perfect and Not ONE mention of domestic violence in the ENTIRE article.

This was a carefully (and shamelessly) constructed prep piece for the coming audit - an audit that needs serious watch dogging if it is to amount to anything. What did Charles Mcglashin say " he hopes the audit will settle the matter one way of the other'. So will it be another ‘few bad apples in the system' way - or will it be ‘divorcing parents with mental health issues’ way ? Probably both. Watch the family court attorneys come out of the woodwork again to speak to the supervisors - echoing the same perceptual control used in this article. Save this article - it is probably the training manual for ‘we are being audited’ protocol and of course no food is better for the public than repetition.

Our family court system is only following the footsteps of modern psychology. Early on droves of women came to Sigmund Freud confiding molestation, physical assault, incest & rape - he was appalled. And then he had to make a choice, after he realized that protecting women and children would not bring him fame and fortune - particularly protecting them from the wealthy men in whose circles of influence he moved. He made his choice and then changed his diagnosis and observations to ones of hysteria, Oedipal and Ophelia fantasies. He said it - Therefore it was - and thousands of women committed to insane asylums and sadistic therapies later - WE ARE HERE. Are we feet, Inches, centimeters further? You tell me.

You’d think with all those women judges and commissioners an interest would grow up around Domestic violence. But those women judges need to prove 2x as hard they are NOT part of the diaper toting, tub scrubbin', elderly depends changin', mommy van driving, stay at home, school volunteering, low wage earning paean women crowd. And they are CERTAINLY NOT part of the escape plan to save the kids bruised up mommy crowd. Nope, they know that keeping those Italian shoes shiny requires swinging a harder, faster backhand to their sister's lip than any of the boys in their country club.

Equally ironic are the self-righteous conversations we carry on in this country about 'other culture’s’ treatment of women. At least in Saudi Arabia they don't pretend to hide their wife beating & motherhood stripping behind 'he said -she said' or give a mother an illusion that she has the right to protect herself and her children inside or outside of a nuclear family unit.

Posted by Dara Carlin, M.A., a resident of another community, on Jun 3, 2009 at 12:06 am

What's happening in Marin is happening all over the country and needs to be stopped, especially in cases where domestic violence and sexual abuse are factors. DV and SA are CRIMES, not "family problems". When someone is being abused or raped, there should be no special treatment just because the perpetrator happens to be the child's father or spouse - these cases should be heard in CRIMINAL court, NOT family court! If a divorce occurs because of domestic violence or sexual abuse, that proves that the protective parent WAS thinking clearly and took action to correct the situation. No family court judge or their agents should be trying to bargain with a batterer or play ball with a perpetrator to ensure "a fair game". There's a world of difference between violent and non-violent cases; if the judges can't accurately figure out what kind of case is before them to begin with, they shouldn't be permitted to touch them. You wouldn't consent to surgery if the surgeon didn't know the difference between your lungs and your kidneys and if the surgeon operated and botched it up, that'd be called MALPRACTICE - there's not very much difference here except that family court judges are being given scalpels and the go-ahead to do surgery on our families. Good luck with your audit and may the truth be exposed!

Posted by Court Run Amok, a resident of the San Rafael neighborhood, on Jun 3, 2009 at 1:13 am

Check out these two current IJ stories:

Web Link

Web Link

In one, a pedophile was sentenced to just one year in jail by the Marin court, for molesting his girlfriend's 7-year old daughter (the pedophile's lawyer said he wasn't really a pedophile, and there had been an expectation that the plea would result in no jail time!) We all know what would have happened if this had gone down in the Marin family court--the mother would be accused of alienation, and the dad would get sole custody of the child.

In the other IJ story, a guy with a mile-long drunk driving record, who has repeatedly been released back onto the streets by the Marin court, just killed a little nine year old girl. The late news covered it on TV, and squarely placed the blame on the Marin court system.

The courts are playing Russian Roulette with our children's safety.

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 3, 2009 at 10:11 am

KUDOS TO WHEN ENOUGH AND ATTORNEY X:

Let's try to learn from what our politically correct actions have wrought....calling assault and battery DV (domestic violence) and charging either parent with sexual assault in a family court....when there has been no criminal trial....should obviously bring up RED FLAGS....If such conduct were occurring it should have been handled as a criminal case BEFORE the subject ever occurred in Family Court.

NO ONE SHOULD BE ASSAULTED not women or men with impunity, BUT neither should families that are under separation efforts....

Judges and everyone else operating "under" the Family Court get absolute immunity...I know I DID UE THEM ALL under the Civil RIghts Act....ALL THE WAY TO THE US SUPREME COURT...only to be told ...."we don't have time for that."

PEOPLE please, this problem will not be solved IN ANY COURT OF LAW, because it would be like asking the FOX to protect the hen house...

ENOUGH is correct....this is another attempt to try to answer the ground swell of complaints, and watch this report...because if it even attempts to slam any issue, it will be minimized and those complaining will be trivilized into less than worthy of complaint...

KATHRYN from the very early posts...was (I'm taking an educated guess here) an Attorney who was quoted and did identify the FLEAS of Marin fame, (see the news articles called Odor in the Court)she left Marin and went to Wash. D.C. when her husband took a job there....she at least took the risk of trying to let the "cat out of the bag," but she was also smart enough to get out before they crucified her too!

UNTIL WE THE PEOPLE ACT IN UNISON, there will be no solution.

We need fathers and mothers to unite "in the best interests of our children" to defeat this unconstitutional and illegal corrupt government operation....government is suppose to fear US, we are not supposed to fear them...one note of hope is the the STATe is broke, and we should take advantage while we have the chance....

If anyone here wants to get started in trying to take them on, here's a good suggestion to follow....and we have the numbers and resources to get it done....read the next post by SELF IMPOSED EXILE TO SEE what it takes to fix this problem....and IF THE CJE is all they claim, as well as CA NOW, and Fathers4Justice,alongwith the Fourth Estate, (read Pacific Sun, IJ, And Chronicle) then this will be the line in the sand that can be held, corruption stopped, and the laws corrected to prevent both sides from being ripped apart, like Hercules being torn between waring chariots, and lives saved!

Posted by SELF IMPOSED EXILE, a resident of the Fairfax neighborhood, on Jun 3, 2009 at 12:27 pm

THE SOLUTION TO THE MARIN FAMILY COURT AND ALL CALIFORNIA FAMILY COURT PROBLEMS:

The solution is a CLASS ACTION FEDERAL LAWSUIT under the civil rights act section 1983....

First it will only work so long it is approached as a long term solution for both we the people and the State....in other words, you will not get to hang any judge nor will you get "YOUR" particular case "DIRECTLY EFFECTED."

THe suit must attack the California Family Code, and the conduct of the Court. This must be done in federal court, not State court.

As an example: THe Family Code claims "the best interest of the child," but this term of art is not clearly defined, and is left effectively entirely up to the dicretion of the court....it is well established that any law that is "vague" is unconstitutional....so are laws that state one thing but when excuted result in wrongful conduct. THe STATE has no right to subject anyone to "psychological" exam and cannot commit anyone without at least two psychiatrists making a determination of mental illness...but in family court you can lose custody of your children "because a custody evaluator, determines that as a parent your too "didactic" to be a good parent....(look it up, it means you behave like a marine drill sargeant, very strict!) its much moe difficult for Child Protective services to separate parents from their children than family court....think about it, its the level of proof.....

Worthless, because none of these experts can point to any legally cognizable source, to prove that they can medically or otherwise determine, what is a good parent or what is a bad parent. Example: A parent with ADD or ADHD is not necessarily "incompetent" because of this problem, a Parent who has bi-polar disorder, is not necessarily bad for their children because of this "illness" and with meds or without is no better or worse than the rest of us....want proof....read the files...a divorce occuring when the kids are teenagers, kids who are well adjusted,( means they go to school and are not in criminal trouble) clearly common sense says the parent with Bi-polar is not harmful to the kids! They made it this far, as teenagers with this "parent" they'll make it the rest of the way too!

Want a simpler example: Is a strict parent or a leinient parent, "in the best interest of the child" to be appointed the "Custodial Parent," even this simple choice gets abuse by the system, because NEITHER is wrong, or BAD, or UNFIT, and neither label should be used to "appoint" who is going to be the CUSTODIAL PARENT.

Every parent who wants this to work has a task.....

Every "organization" has a task...

AND EVERY LEGISLATOR has a task ....

BUT REMEMBER: If you dont believe that Fathers are equal to Mothers as parents then YOU WILL LOSE....United we stand divided we fall, and so far the "system" is very good at dividing and conquering....just look where you are now, and even when you know the law on your side and the facts on your side, it did not help....

Parents, that means mothers and fathers need to go to their county court house and look at every family law case, no excuses, all you need to do is give the clerk the file number and sign it out, then accumulate data: Who got custody? Why did they get custody? If there was a custody dispute, what does the law say they should have done, and what did they do? YOUR RIGHT, you cant determine these facts unless you read and understand the Family Code regarding for example "custody evaluations" and I guarantee you that 80% of these evaluations were wrongly imposed, and unfortunately for those who were "seriously hurt by assault" 80% of those cases that determione there was abuse "have absolutely no proof." Opinions are not proof, their opinions are no different than seeking out a fortune teller for answers, and thats why we can defeat these unconstiutional laws and procedures....but you need to document statics from the files, WHY DO YOU THINK the family courts do not kee these records, they would damn their findings and show the injustice of it all....

ORGANIZAIONS like CJE, CA NOW, ad Fathers4Justice, and others can be a unified force for raising awareness and funds for the legal team, as well as to keep the Fourth Estate aware of the process...keep in mind the Organizations jobs are to promote getting a fair trial of the constitutional issues, but remain free from "gender bias" cause its not about women or men or children, its about a "systemic failure" that must be destroyed before we are destroyed by it.

LEGISLATORS have the task of assisting parents and organizations to prevent obstruction of their efforts, and to see to it that the laws that they make because of "whining complaining constitutients do not end up on the books just because it makes a good "campaign sound bite" but because it has constitutional merit, and does not double what laws we already have that should be enforced, rather than ignored...for example, California grants immunity to evaluators, and lawyers, (et litem, for one) because they are part of the family court process....this is unconstitutional and this State law violates the SUPREME LAW OF THE LAND, because what these ancilliary people do is basically "investigate for the court," so do policemen, and shrinks for the criminal justice courts, BUT we hear all the time of police being busted for violating the rights of the "prisoner" and abusing them, so the immunity is not absolute, and the Civil Rights Act section 1983 does not recognize ANY IMMUNITY, not even for judges, even though, on this point the US Supremes have decided that they do have "limited immunity.

So either we keep complaining or somone else here will jump forward, haw about it Ms. Russell, and lets get a force together to be feared??????????????????

Anyone??????????

Posted by Observer, a resident of the Belvedere neighborhood, on Jun 3, 2009 at 9:32 pm

Reading through all of these comments should make it clear just who is actually upset about the Marin County court system. The fathers think that the court is biased against them and the mothers think the court is biased against them. Could they both be right?

Some of the commentors think that the we should go back to "fault" divorce, and a system where the mother almost always got custody of the kids while the father worked. That was really a great arrangement. Maybe they think that segregation was good, too.

According to the comments, all of the family law judges are corrupt: Dufficy, Adams, Wood, Duryee, Heubach, as are all the mediators, attorneys, the family law facilator, CPS, Apple Save Kids, the Supreme Court, the Court of Appeals, the STate Bar. And these problems are occuring not just in Marin, but all over the country, where children are being taken away from protective mothers and fathers, and the children end up as binge drinkers or committing suicide.

Somehow, all of this is going on and we're just too dumb to notice.

What a bunch of insanity.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 3, 2009 at 9:37 pm

Self Imposed Exile, you recommend that mothers and fathers unite--and they are, en masse, in reporting crimes being committed in the system, by judges and court employees/appointees. (What the courts will undoubtedly realize at some point soon is, when you mess with someone's children, they will never give up a fight. This is primal.)

So what can all these parents do? A lot of us are asking this question. Many would like a class action lawsuit. But what makes you think judges on any level are going to take down other judges? Our California judges are aware, at the appellate and supreme court level, of what is going on in Marin and other problematic counties (Sacramento, San Diego, etc.), but they are not addressing it, perhaps because many of them have engaged in, or have benefited from, the same type of conduct (cronyism, nepotism, politics, judicial retaliation?). In fact Chief Justice Ron George is appointing some of the worst judges from these counties to Judicial Council task forces investigating problems in the court system. (As you said, foxes guarding the henhouse).

So why do you think the court system is going to reform the court system?

Legislators need to monitor court performance to make sure judges and court appointees are following the law (this audit is a good start); change the laws to eliminate judicial immunity for judges and court appointees who purposefully do not follow the law; and implement legislation that will ensure adequate ongoing judicial oversight (via periodic judicial performance evaluations, to make sure the judges are following the law, and educate the public as to the performance of local and state judges).

State and federal prosecutors must investigate the judges and court employees/appointees who are knowingly and purposefully breaking the law, and prosecute these individuals -- no matter who they are. Why should judges, of all people, be "above the law"?

Eliminating judicial immunity, increasing court oversight and making sure law enforcement uses the laws currently in place to criminally prosecute judges and court employees/appointees who knowingly and purposefully break the law would go a long way in making our judicial system more accountable--that is, making sure the judges follow the laws they have sworn to uphold.

These are things that can be done, and should be done, right away.

that said, if any class action attorneys are out there who genuinely think a class action suit could fly. . . .

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 3, 2009 at 11:11 pm

Dear Observer,

I think you are mistaken. Everyone knows about the problems in the Marin family court--even our former California attorney general has publicly commented on it.

That is why fathers and mothers throughout the state are approving of Marin being one of two counties targeted for an audit.

And why people nationwide are paying attention to what is going on here.

Posted by Mo, a resident of another community, on Jun 4, 2009 at 6:05 am

Everything I read here is GOOD NEWS. Why? Because at long last, people are getting furious and outraged enough to finally rise up against this dark, corrupt, fascist, anti-human system to say

ENOUGH. Enough of this wreckage of human lives, of children's childhoods and mothers' (and some fathers') parenthood.

A wrecking ball should be taken to the entire family court system.

All of its agents, allies, colluders, and promoters should be told to go to the end of the unemployment line.

Protective parents of the world, unite!

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 4, 2009 at 2:42 pm

CourtWatch:

Kudos, for your commentary...I agree that removing Judicial Immunity, would go along way to change the abusive situaton...

...especially since its only there because te US Supreme Court claims its hidden in the meaning of our supreme law of the land...but before we can get that done...we could get action in federal court, SO LONG AS CJE,CA NOW, Fathers4Justice, put the heat on the FOurth Estate (the Press) to keep light on the issue, NO DIFFERENT than the OJ SIMPSON MURDER TRIAL....sick people we, that we cant get it together enough to solve this but we'll stay glued to the set to see if he (OJ) gets off or fried....

ONLY and extremely fearless or incredibly frightened lawyer would take this on....any body want to speak up????

Have a good day...

Posted by Common Sense, a resident of the Terra Linda neighborhood, on Jun 4, 2009 at 5:01 pm

I am amazed that in all the forgoing commentary no one says anything about the parents who gave birth to these children in the first place. If they knew how to behave better then we wouldn't need the family court and its associated industry at all. Grow up people. If your marriage hasn't worked out that it too bad but your children cannot be wished away and you owe them an obligation to allow them to have a wholesome relationship with BOTH PARENTS whether those parents are in a marriage or not.

Posted by ontherecord, a resident of another community, on Jun 5, 2009 at 5:55 am

"Does anyone really believe that there is a "cadre" of attorneys, judges, mediators and mental health professionals who are determined to take custody away from "protective" parents? It's preposterous. I am sure that there is another side to each and every one of these cases. I am very familiar with some of these cases and I can tell you that almost all the claims of bias are absurd. It is very easy to sit back and make anonymous statements about custody cases where the other parents, the other attorneys, and most important, the Judges, cannot respond."

Here is a case where outright, on-the-record bias occurred. It's documented: No service of POS/ATROS/Summon, forged stipulation, Judge Katrina West allowing service to take place during the trial a year later, transcript proving that Stephanie Squires did not ever give POS/ATROS/Summary - that it could not and did not happen, the mother denied due process, a Statement of Decision that provides evidence of bias, manipulation and omission of the evidence, et cetera. The case is documented...and the abuse of power and crimes committed by the 'good ol' boys and girls' of that court has been exposed. Yes, it happens in many courts...this one just happens to have been caught 'on the record!' Web Link

A True Story tells how a corrupt judge, in collusion with a corrupt attorney, takes sole custody from a single, working mother of a fifteen-month-old girl and awards an unemployed, deadbeat dad 50/50 custody. The motive behind this change of custody is unethical and illegal.

The mother, Dawn Milton, who had been working as an Associate Producer at NBC news in Texas, is now unemployed and on welfare in California. She's now facing the same problems as before (which were cured by the move to Texas) - can't earn enough to support herself and Samantha and also pay for childcare costs.

The father, Mahdy Flores, lives in a 6800 sq ft home with swimming pool, tennis court, and batting cage, drives an Escalade, and has unlimited use of an American Express card that his parents pay for. He will be in medical residency program working 70 to 80 hours per week.

Why would Judge Katrina West ignore the evidence and recommendations of the expert witness and court mediator? She considered a previously filed 170.1 Motion to disqualify (and complaint to the Presiding Judge of San Bernardino County, a prerequisite to filing a complaint with the Commission on Judicial Performance) her long-time pal, Commissioner Gassner. The 170.1 Motion is not part of the family court file. Yet, the judge stated on the record that she read and considered the 170.1 Motion. This 'woman' had her ruling determined before Day One of the 'Trial' to avenge a man, a friend. This was the ruling of a woman getting even for a perceived wrong to a friend. This young mother, Dawn, didn't have a chance.

This is the story of “the man” of the Rancho Cucamonga Courthouse, Richard J. Tuckerman. There are attorneys that will not take a case if he is the other party’s counsel. One highly respected attorney stated, “I can’t argue that Tuckerman be taken off the case because I have to work in this courthouse.” Another attorney indicated that under no circumstance would he handle the case because the matter was pending before the Family Law Department of the Rancho Cucamonga Court, that the attorneys and judges there are so networked that Ms. Milton would not receive a fair trial. This is the story of power and intimidation.

Transcripts are provided and other documents proving the judge is biased and unethical and she worked in collusion with others in the court and behind the scenes to get the end result she desired.

Posted by JusticeCalifornia, a resident of the San Rafael neighborhood, on Jun 5, 2009 at 9:33 am

And just when you thought the courts couldn't be any more unclear on the concept, look at what our Chief Justice just did:

JUSTICECALIFORNIA ALERT:

Chief Justice Thumbs His Nose at Public’s Court Corruption Concerns;

Appoints Controversial Marin Court Executive Officer to Judicial Council

On June 4, 2009, the Judicial Council of California reported that the Chief Justice of the California Supreme Court, Ronald M. George, has appointed Marin County’s Court Executive Officer, Kim Turner, to the California Judicial Council. (see press release on the California Courts website)

From 1999-2005, Kim Turner was the former assistant and right hand woman to former Marin Court Executive Officer John Montgomery. She became the Marin Court Executive Officer in 2005, after Mr. Montgomery was arrested on 10 felony counts of conflict of interest, for funneling over $650,000 in court consulting contracts to his girlfriend, acquiring property with that girlfriend and concealing the acquisitions, and taking out-of-state trips without proper court authorization. Ms. Turner knew about many of Mr. Montomery’s questionable and/or illegal acts, and she and/or current assistant Court Executive Officer Karen Richardson signed off on many of them. Yet, Ms. Turner waited until January, 2005, right before an impending financial audit of the Marin courts, to report Mr. Montgomery’s improper conduct to the Marin presiding judge.

Web Link

The following is an excerpt from a document entitled "Internal Audit Services Report”(Special Investigation 2005-004) prepared by the Finance Division of the AOC, about John Montgomery, Kim Turner, and Turner’s assistant, Karen Richardson (both former assistants of Mr. Montgomery):

“Both assistant CEOs indicated that they were signing the expense claims, including travel claims, either under duress or intimidation, or were uncomfortable not signing them. Ms. Turner has also indicated that staff were frequently berated by Mr. Montgomery and were fearful of him. Ms. Turner has also stated that ‘he used this tactic on me only once. . .I advised him that if he ever did that again, he would have my resignation. He knows that I will not tolerate this behavior directed at me.’ This raises a concern as to why she brought the issue to the PJ and the AOC at this time (January 2005) and did not raise it previously”.

So, the question is, amid years of public outcry about corruption, irregularities and/or illegalities in the Marin and other state courts (for example, see: Web Link, Web Link , Web Link , Web Link , ) and on the eve of a well-publicized request for an audit of the Marin Courts by the legislature, why did Chief Justice Ron George appoint Marin’s controversial Kim. Turner, who was criticized by his own Administrative Office of the Courts, to be one of only 27 members of the Judicial Council?

Posted by 4justice, a resident of another community, on Jun 5, 2009 at 10:29 am

Judge Katrina West is another judge that has manifested extreme bias against a Respondent throughout the proceedings.

Judge West is highly confident that no governing body/court is going to do anything to her regarding this injustice. She won’t be reprimanded. It won’t even be investigated…not really. Papers get filed on appeal - motions and writs are filed and emergency stays are requested. She knows they’ll be denied. Judge West knows she has nothing to worry about because she’s protected by a system and an unwritten code – found in other professional circles as well – a code, however, that should not be part of the our American Justice System or other fields that dramatically affect the lives of everyday citizens. Lives are changed, even ruined by the signature of a judge. It is this unwritten code that allows corruption to exist, prevail, multiply. You can’t sue a judge for damages or errors in decisions----even when those errors and damages are intentional – and at this point, the judge becomes a criminal. They cannot be punished for allowing their personal motives to determine their position(s). And this judge, Judge Katrina West, has a little extra protection against ever being held accountable for such an overt display of hostility towards a party in a case for personal reasons, for committing ‘perjury’ on the bench. All she has to do is file the appropriate responses with the help of the good ol’ boys in her county and “she’ll have no worries.”

COURTHOUSECOLLUSION dot com

IF THE EVIDENCE DOESN'T FIT, CHANGE IT OR OMIT IT!

The Decision, when compared to the evidence in the trial, proves that Judge Katrina West was biased and covered up information, the truth, twisted evidence, and omitted evidence to suit her predetermined ruling.

Judge West chose to ignore the facts in order to reach her desired result to punish Respondent for the filing of the CCP 170.1 against a fellow judicial officer. Judge West made very clear her displeasure with Respondent for filing the motion as evidenced by her in-chambers comments and the unabated improper testimony on the subject that followed immediately thereafter.

It appears the Judge West engaged in the very abuses the rules, (no comment on or consideration of reasons for filing 170.1, and Rule 3-310), were designed to protect against and prevent. There is at least some public perception that corruption is occurring in the Rancho Cucamonga facility of the San Bernardino Courts. This perception, coupled with the filing of a forged document with the court, is a criminal act committed by someone, and that Judge West stated she relied upon. Judge West had a Notice of Nonstipulation filed on October 17th, so she was well aware the document was forged.

Bias and corruption do exist in courtrooms throughout the state of California (and across the country). It should not be tolerated. An overhaul of the system should be a top priority, and judges (and lawyers) should be held accountable for their misconduct. A neutral governing body should investigate and rid the courts of these unethical judges and lawyers. Judgments/rulings should be based on the 'best interest of the child' or the merits of the case, not on club membership (good ol' boys' and girls' club).

Posted by Observer, a resident of the Belvedere neighborhood, on Jun 5, 2009 at 6:57 pm

The last few emails just prove my point. Someone has a complaint about a judge in San Bernadino County. Maybe she's correct, maybe not, but who cares? It has nothing whatsover to do with Marin County Superior Court.

For all I know, John Montgomery was a crook, but what does that have to do with child custody cases? He was not deciding these cases.

From these comments, There appears to be 4 or 5 cases in Marin County, going way back to the 90's, and that's it. the rest of this stuff is just parents complaining about the decisions in their own cases.

Like "common sense" commented, these are all parents, with attorneys, who have messed up some way and turn to the courts for help. When they get an unfavorable ruling their first response is to blame the courts, the judges, the mediators, etc., etc, etc.

All of these people had attorneys and had trials. Did they appeal their cases? That's the usual way to rectify a judge's mistake.

As someone who has gone through the Marin County family law department, and is a parent, I can tell you that most cases are decided correctly. The right parent gets custody.

Posted by minnie, a resident of another community, on Jun 5, 2009 at 10:57 pm

Observer, no need to be rude. Comments were invited by Other Communities as an option. Look at the bigger picture.

"The Legislature gives the California courts more than $4 billion per year, and yet there is little to no oversight in terms of actual judicial performance, despite this massive expenditure of state taxpayer dollars. That is neither good business nor good government"

Yes, the main focus of this article is concerning Marin, but it also deals with the State of California Family Court System. To view it simply as a matter for each jurisdiction is one way to look at it. The better solution is to combine efforts to improve all the courts, as it appears it's not simply a problem in Marin County. California courts need to be addressed, not just Marin. There is strength in numbers, especially when desiring change. One county wanting change or many counties demanding change.

There are probably stories of corruption and bias in all counties. Comments from other counties should reinforce the need for change. I suspect that in all counties the majority of judges are doing a fine respectable job. The ones that are not, should be removed. Appoint new judges to fill those positions. Clean up the courts.

Yes, many complain because they are disappointed in the decision, but you can't rule out bias and corruption as a factor in some. It exists more than many of us know.

Posted by Mill Valley Father, a resident of the Mill Valley neighborhood, on Jun 6, 2009 at 10:24 am

[Post removed due to its personal nature and allegations.]

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 6, 2009 at 11:39 am

Common Sense, OBSERVER, and MILL Valley Father:

1. Common Sense: your view of the world is clearly uninformed....THIS IS NOT ABOUT ONE SIDE OR THE OTHER...the real problem centers on the way the Family Court System operates, and it is neither constitutional or fair, to EITHER SIDE. THe system tears at both parents and rips them apart including their children, because we as a society have lost our way...(Somebody mentioned "getting rid of NO FAULT divorce") NO FAULT DIVORCE is wrong just because it violates the "right to contract." Name just one circumstance where you can enter a contract, and then UNILATERALLY (means one person, on their own) DECIDE that you don't want to do it now, and just walk away because you "just dont like it."

THis is why marriages are being destroyed, Marriage is work, and its a very difficult job to work under the most trying of issues and comming out the otherside stronger as a couple, it does not work when one side can "just step away at will," its easier today to destroy a marriage, ONE MOST PEOPLE THOUGHT THEY WERE DOING FOR LIFE, than to return a loaf of moldy bread to the grocery store....and thats the point, IF THE DECISIONS that were made in the MARIN COURT HOUSE were "justice" you would not have these people complaining...justice is not evasive, its about following the rules, and the rules are NOT followed, and the Judicial staff is not so much as corrupt, (taking bribs for heir decisions) as they are more of a cliche taking their roles as in a popularity contest and trying to keep heir "cushy government jobs." Look at how every one of the judicial officers got there!!!!

EVERY ONE OF THEM WAS APPOINTED BY THE GOVENOR, so they know how to grease the wheels and get themselves to the front of the line, BUT not one of these spineless "officers" earned their way via a real election to the job! Hope you begin to understand it...

2. OBSERVER: Both you and COMMON SENSE are acting on your "perceptions" rather than on fact and reality....some including me, have appealed and gone all the way to the US Supreme Court...for what....

Observer, you claim, " these are all parents, with attorneys, who have messed up some way and turn to the courts for help. When they get an unfavorable ruling their first response is to blame the courts, the judges, the mediators, etc., etc, etc"

IT is just this kind of ignorant "conclusion" that continues to allow these problems to grow....earlier I referred to justice,... is it justice when you lose custody of your children when you have done nothing wrong ....and I consider it nothing wrong when some psychobabble says on parent is better tan the other because in their opinion one parent is "strick" and the other better because of "leniency."

THats why these parents continue to complain, this is not justice, its, WRONG.

THE FAMILY COURT should not be deciding "WHO" is going to be the "custodial parent" rather the court should be demandingthat both parents share and if they can't resolve the schedule, then the court can force the EQUAL PARENT TIME...for the PARENT unwilling to hold up their responsibilities, then permently terminate them as a parent to that child, the courts have no right to use the power of the STATE to place one parent below or above the other, this is "unconstitutional."

PS. THE Montgomery fiasco, and the other courts demonstrate the arrogance and cronyism that prevents this system from working properly, ....what Montgomery did, IS EXACTLY WHY the courts are operating in a mess...and Ms. Kim Turner to profer the excuse that she was intimidated clearly shows why these people without ANY OVERSIGHT or CONSEQUENCES for their bad conduct will continue to act in defiance of people's rights , and for their pay and favors...its what they do.

MILL VALLEY FATHER: don't ever give up....you have had the very epitome of characters involved in your problem....the MOTHER does not have the right to KEEP THIS boy away from his father, unless you have been convicted in a court of law for a crime, and in that case the court can terminate your rights as a parent, but just the same that young boy IS NOT A PAY CHECK STUB for Kaufmann or his mother...does the mother even realize that you have spent enough to send him to Harvard...does she even care, these people are very good at fanning the flames, and they play on your primal instincts...there is not one parent out there who would pay whatever it took to preserve their relationship with their children, and these vultures know it and have more than 10 yeas honing their skills....too bad both you and she can't come to this realization and send these vultures packing....its as simple as deciding to split time equal, and get on wth your lives, BUT can both of you agree to do this, OR MUST ONE OF YOU insist that they have to have it all, MOM what say you ????

Is this about the boy? Or has someone gotten their ego overinflated...somehow I think Mom needs to rethink her purpose and goal....the CJE is after all, in refusing to speak, and by their actions especially with their up comming meetings, a women's organization, and the systematic palyers have figured it out and will take advantage of it, they already have to some degree...

SO CJE ???? What say you???? Can you revamp the image that its REALLY ABOUT JUSTICE, or is it better to continue to pit one parent againt the other...to hear you tell it every father involved in divorce is a battering, abusing, bully....

Shared Parenting, and enforcing constitutional rights, OR BUST!

Posted by Observer, a resident of the Belvedere neighborhood, on Jun 6, 2009 at 10:55 pm

Folks, I really hope that you don't let a bunch of angry and disgruntled parents make you think that there is some kind of gigantic conspiracy in the Marin County Family Courts.

Remember, most likely all of these people had attorneys, and they had trials and evidence was presented. Maybe they had lousy attorneys? Maybe the judges made a mistake in every single one of these cases, but does that seem possible? Maybe some of these commentors are parents who have serious mental problems, could that be possible.? I don't know.

Who are these people who claim to be experts in child custody?

In his article, Don interviewd a therapist named Angela Browne Miller who describes herself as someone who “has weathered the storms of public scrutiny, explaining her ground-breaking work in a variety of settings including on the stand in public Court where an attempt was made to discredit her as a witness based upon her work in this area and her open acknowledgement of the existence of life in other dimensions. She has transmitted work into this dimension from Albert Einstein and Karl Marx, as well as from the Freeborn Triton Wazine sisterhood who she represents here. You can read more about her at this link: www.lightstreamers.com/20_speakers.htm

Before you start believing the attacks on the court, consider the sources.

I got divorced in Marin County and I thought that the judge was really fair and helpful. I think that my ex wife feels the same way.

Posted by Hand on Bible, a resident of the San Rafael neighborhood, on Jun 7, 2009 at 8:36 am

[Post removed due to its personal nature and allegations.]

Posted by Protect the children, a resident of the Corte Madera neighborhood, on Jun 7, 2009 at 11:25 am

The Marin County Family Court needs repair.

Children are being harmed by unjust rulings.

Parents who try to protect children from abuse, neglect and endangerment are harmed by Marin county Family Court.

Litigants are not angry, they are speaking their truth to protect their children. Certainly emotions(there are 1,000 of them) are not more important then safety of children.

Let's separate where the truth lies, which is presently not happening in the Marin county Family Court. Rather corruption, conflict of interest and cronycism are the norm. The point is not how a parent "feels", but the harm that is wrongfully being inflicted upon children, as a result, when their parent turns to the Marin County family Court for help to protect children.

Lives and well being of children are less important to the Marin County Family Court , then appeasing one parent's desires and known history of abuse is not considered. History of mental illness is disregarded and children are placed in abusive situations against their will and their quality of life is gravely damaged and fear of survival and endangerment of their own bodies is how they are forced to live.

Love should not have to hurt.

Child abuse for life, should not be a sentence any child should have to serve.

Judgement placed upon a parent for choosing the wrong person to marry, is not a sufficient reason to condone domestic violence and harm to children by a parent and the court system.

People make mistakes in choosing their mates, will the price they have to pay be the lives of their children??

Accountability, we call for now.

Posted by Numbers growing, a resident of the Mill Valley neighborhood, on Jun 7, 2009 at 1:15 pm

Many, many people surface who have and are being harmed by broken family court systems, especially here in Marin.

I reside in a small community and travel within a small circle, I alone have met 20 people recently who are in fear for the safety and well being of their children, due to harmful family court rulings.

Many people are afraid to speak, due to retaliation by abusive parents and the court system that chooses to protect them.

Price for protective parents to speak, more risk to their own children;

because their children are ordered into the hands of the abusive parents and totally vulnerable to retaliation "pay back" by abusive parents. Often abusive parents punish protective parents by causing and threatening harm to the children. Committed violence, harm, neglect and endangerment of the children, is not usually committed in public, but behind closed doors...abusive parents often "present well"...it doesn't take a rocket scientist to see this oldest trick in the book..but it does take some integrity for court official to follow the law.

Watch dog groups, that rotate and are from different counties may be an answer.

Yes, we protective parents are rising and speaking the truth to create change for the better, for our children and those children, who next will come for help and protection, to receive that protection.

Human rights of our children are being violated here in Marin County and across the country by harmful Family COurt rulings.

Posted by Observer, a resident of the Belvedere neighborhood, on Jun 7, 2009 at 7:37 pm

Some of you people are making an outrageous claim that members of the Marin County Superior Court are "corrupt" and that they have committed crimes. There is absolutely no evidence that any of this is true.

It is possible that some of the judges discussed in these comments have made mistakes, maybe even huge mistakes, but no one has shown any proof that a single decision has been overturned on appeal.

It is terribly irresponsible to attack judges, mediators and attorneys, especially when you people know that they can't respond.

This stuff reminds me of the guy who used to stand on the corner infront of the courthouse with a sign that said "Judge Sutro hates fathers" or something like that. You also remind me of the people who try to block abortion clinics and we know what kind of actions those people took. I find this all very scary.

Posted by Mill Valley Father, a resident of the Mill Valley neighborhood, on Jun 7, 2009 at 8:27 pm

[Post removed due to its personal nature and allegations.]

Posted by Hand on Bible, a resident of the San Rafael neighborhood, on Jun 7, 2009 at 10:54 pm

[Post removed due to its personal nature and allegations.]

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 8, 2009 at 12:03 am

Observer said:

"You also remind me of the people who try to block abortion clinics and we know what kind of actions those people took. I find this all very scary. It is possible that some of the judges discussed in these comments have made mistakes, maybe even huge mistakes, but no one has shown any proof that a single decision has been overturned on appeal.It is terribly irresponsible to attack judges, mediators and attorneys, especially when you people know that they can't respond."

Dear Observer: The parents (both fathers and mothers) named in the article (and some who are not named in the article but are writing comments), are supporting a legislative audit of the Marin family court, and there is nothing radical about that.

You support the audit too, don't you? Wouldn't that be a way for the judges, mediators, minor's counsel, and others to prove that they have followed the law in these troubling cases, and that there is nothing to these complaints? The flip side, of course, is perhaps the Marin courts have been breaking the law, and yet no one has done anything about it. . . .then there will be some explaining to do (which may be why the Judicial Council is apparently trying to block the audit).

I think a major point of the story is that the 2002 audit did not tackle the tough issues, so here we are again. As Supervisor Charles McGlashan said: "It would be good to settle this in a business-like fashion rather than the "he said, she said" nature of the controversy that has been the hallmark of the decade-old dispute."

Isn't this especially important where the allegations are that laws are being broken so that wealthy abusive parents can obtain custody of the children?. ("I think the argument can be made that the intent of the audit is to put questions to rest," said Leno.)

You support the audit too, don't you? If not, why not? Wouldn't that be a way for the judges, mediators, minor's counsel, and others to prove that they have followed the law in these troubling cases, and that there is nothing to these complaints? The flip side, is if the Marin courts have been breaking the law, and no one has done anything about it. . . .there will be some explaining to do.

Posted by Mill Valley Dad, a resident of the Mill Valley neighborhood, on Jun 8, 2009 at 7:58 am

[Post removed due to its personal nature and allegations.]

Posted by anon, a resident of the Mill Valley neighborhood, on Jun 8, 2009 at 11:45 am

Well, when is it going to end? When will the people of Marin stop voting for the judges who are obviously inept?

God forbid anyone around here should vote for someone conservative. That would go against the grain of Marin, I imagine. It doesn't matter if someone doesn't care about the children, if they push reports and evidence of abuse aside when a child in need is standing in front of them in the courtrooms. And yes, it makes a difference if a judge is liberal or conservative. I'm sure there will be a flood of outraged responses to this because, God forbid, anyone should knock the liberal judicial system around here.

But take a look people, this is the system you have. And even though you all know it's screwed up and even though the first email has elicited over 75 responses, you'll still not admit that you've voted for the wrong judges to be in charge at the courthouses.

The day we vote for the right people, maybe things will then start to change.

What's more important? Voting for judges whom you know are corrupt or considering the consequences when your children's well-being is at stake?

Posted by Truth in Audit and Coming Accountability, a resident of the Mill Valley neighborhood, on Jun 8, 2009 at 2:30 pm

The Truth will set you free...someday..the truth will set you free, it is just a matter of time.

Proof of injustice committed by Family Court exists, time will reveal this truth for all to see and know, in order to protect our most precious innocent children.

Brave voices continue to speak, courageous truth sayers hold on, change for the better is coming here...beyond "he said she said"...sits the child who is not able to protect themselves from endangerment and abuse by their own parent...for them there is no safe haven. It is for that reason alone, that this audit must be successful in execution and application/resolve/accountability.

Please people of the press and those in positions of power help create a way to stop child abuse and endangerment here, by strongly supporting a court audit and strongly supporting supervision of this audit and seeing accountability of those found guilty of committing crimes to aid and abed child abuse/neglect/endangerment be enacted to right these wrongs.

If things were going well...as some who've written say they are, then...why would all these people be crying out for justice to be created in our Family Courts, not just here in Marin, but all across our country?

Status Quo is not the way to go~

Mental illness is certainly not a crime, but family court authorities ignoring of a parent's mental illness that endangers and harms children should be a punishable crime.

Way to go Pacific Sun and Senator Leno.

Posted by Observer, a resident of the Belvedere neighborhood, on Jun 8, 2009 at 7:20 pm

Courtwatch: No, I don't support an "audit" of the court. At a time when the state is bankrupt, it doesn't make sense to spend money on something like this. You appear to be a reasonable, intelligent person, but do you really think that the loonies who have commented here, mothers and fathers, are going to care about the result of an audit? If it shows nothing, which I predict it will, do you think they'll just be happy? I doubt it.

What does an audit mean anyway?

These people think that actual crimes have been committed by judges and mediators and that they should go to jail. Bad decisions, if there were any in these cases, are resolved by the court of appeals. These people don't want that, they want blood. It's completely crazy. I don't think we should support that.

Maybe someone should do an audit of the Center for Judicial Excellence. Where do they get their money? Does it come from a disgruntled parent who lost custody? Who's behind all of this?

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 8, 2009 at 10:01 pm

Dear Observer:

I understand your point of view, but if there is no basis for what these upset parents (both fathers and mothers) are saying, an audit will vindicate the Marin court. The bottom line is, Supervisor McGlashan and Senator Leno are right--there should be an end to the mud-slinging "he said, she said", and there should be an orderly and businesslike end to this claim that the Marin Courts are violating state laws, and especially if children are being placed with wealthy abusive or mentally ill parents. The proof should be there in the court records.

What we are hearing (for years and years now--way too many years) is that judges and courts of appeal and even the judicial council know what is happening in Marin but no one is doing anything about it, and in fact may be covering it up. So this audit will let everyone know whether what people have been saying about Marin is true or false.

Isn't it time for investigation, determination and closure?

Posted by Observer Observed, a resident of the San Rafael neighborhood, on Jun 9, 2009 at 12:19 am

Regarding the comment by Observer on a person interviewed for this article, I have checked on Browne-Miller's credentials, and in addition to being a therapist, she has two PhDs from UC Berkeley, was a National Institute of Mental Health Fellow, and has written twenty some books on children and teens, domestic violence, addiction, and more. Her credentials speak for themselves, so do her books. And where Observer claims she was interviewed as a court critic, Observer should read the article again. All Browne-Miller says is that some children and teens exposed to prolonged litigation suffer, and who can say that is wrong?

Posted by LOS ANGELES COUNTY, a resident of another community, on Jun 9, 2009 at 10:22 pm

YOU WILL NEVER MEET A PERSON THAT LIKES FATHERS MORE THAN I DO, OR THAT DISLIKES ABUSIVE PARENTS MORE THAN I DO. IN OUR CASE THE COURT FOUND FIVE COUNTS OF ABUSE ON FATHER. FATHER WAS AWARDED SOLE CUSTODY BASED ON PARENTAL ALIENATION.

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 10, 2009 at 9:33 am

TO OBSERVER:

Your right about one thing the Judges are not able to say anything here or ANYWHERE ELSE for that matter...family court cases extend until the court "monitoring" end....when the childen areover 18 and sometimes 21, AND YOU VERY WELL KNOW that Judges are not allowed "ethically" to comment on a case before them, and with hundreds of cases assigned to them, they can hardly be expected to "remember" what is and is not before them...so better to keep their mouth shut....and as for the appellate process, I went their not because I could afford it, (I did it on my own) just a few months later, ATTY ROBERT CLEEK did get a Marin Decision overturned for the EXACT SAME ISSUE I BROUGHT UP ON APPEAL, for his client, but I'm not an attorney, part of the cliche' either...so while I was blown out on appeal, his presentation was correctly ruled on...

OBSERVER its easy to SEE THE PROOF...go look up CLEEK's name at the California Courts web site, you'll see the case and NO IT WAS NOT PUBLISHED...that would establish proof of the types of errors these Judges make all the time....

OBSERVER this is not about corruption the way you see it, like some mobsters making bribes in a dark alley, and passing cash from one hoodlum to another....ITS ABOUT JUSTICE...and no gets justice when they are deprived of their honest day in court...this is a systemic problem....PLEASE ANSWER THIS ? HOW COME IN MORE THAN 35 years there has never been a removal from the bench Marin or otherwise, by the Commission on Judicial Performance for "bad conduct on the bench by any Judge...do not confuse removing a Judge because he or she got a DUI, thats not conduct on the bench...

THATS A WASTE OF MONEY spending millions every year to do nothing worthwhile, after all the criminal court process handles the DUI in the first place, so what the Commission does after that is repetitive grand standing, over an already disgraced and troubled soul.

Lets get an audit and lets get some accountability...ad lets get the fourth estate to present the facts and real statistics so we all know whats going on...

Posted by Richard Helzberg, Esq., a resident of the San Rafael neighborhood, on Jun 10, 2009 at 5:30 pm

While Don Speich’s article is well written and appears to be thoroughly-researched and balanced journalism- it clearly is not. Barbara Kauffman is and has been an ongoing strident critic of the courts. Dr. Browne-Miller spent years in court on her own case, which had a custody component, which may have affected her objectivity. Kathleen Russell clearly has, any anyone running an organization would, an agenda. I would be interesting to know the funding of CJE.

There are many other attorneys, both in Marin and in other counties, who regularly appear before the courts here and have a view quite different from Ms. Kaufman’s. There are certainly other mental health professionals who would differ from Dr. Browne-Miller’s perceptions. There are ongoing genuine efforts within the court system to improve the process, some bearing the immediate benefits- such as clearing up the backlog in cases where both parties are self-represented.

Fair-minded people might consider that some of the criticism is generated by people who feel aggrieved, even embittered, where the court made the right decisions to deny or limit their custody. The article is correct in describing a child and his siblings as victims of divorce: do we blame all of it on the court system or consider that the parents and the very process of divorce play a significant role?

Posted by Self Imposed Exile, a resident of the Fairfax neighborhood, on Jun 11, 2009 at 9:23 am

Mr. Helzberg,

While it is comendable that you are one o the few attorneys practicing in Marin who was not "named" as a FLEA under Dufficy, your own comments admit the obvious to those who have had to endure the abusive Family Court Process.

I'll point specifically to your comment about "many other attorneys both in Marin and many other counties..."

Lets at least give the last official review of the Marin Courts, paid for by the California Judicial system credit for one very accurate admission, that the "limited number of Judicial Officers, attorneys, and custody evaluators ....at least gives the appearance of close relationships....(read cronyism, IMHO)

In fact in my particular case, I did hire out of the county counsel, and all three of them, (three because of the subjects at issue, not because of a Client-Attorney Issue) and leaving out the "fact" that more than half who were interviewed refused to even enter the county because of what they uniformly called a "snake pit," left me with limited choices....every single one of these attorneys, usually had to begin the representation of my issues by "defending their own characters, by commenting to the court, "Objection your honor, if the proceedings are going to begin with the courts tolerance of INVECTIVES being huurled across the courtroom, in a manner I have not encountered in any other courtroom and I practice all over this great state..."

NO MARIN JUDICIAL OFFICER, EVER, acted to put a stop to any of these things directly, almost as if they were amused, by it...to Commissioner Heubach's credit, at least he did say, "I'm sorry, what did you say, is there another issue before the court that I did not see in the pleadings?" Obviously, he wanted the insults across the courtroom to cease, and he did hear what was going on, but this kind of tolerance does not really "enforce" courtroom respect and decorum." In fact anyone withnessing this clearly walks away with less of both...sad, no I'm sure its not every case, but one is one too many, dont ya think?

You further stated: "Fair-minded people might consider that some of the criticism is generated by people who feel aggrieved, even embittered, where the court made the right decisions to deny or limit their custody. "

Really, looking at your cases that you have handled, no one "lost custody" or had it diminished...incredible success rate that you have...guess I should have hired you, you gotta be good....

Lets deal with FACTS shall we:

I was scheduled for an "Exparte Hearing" to Modify Custody, 9 months after the full blown trial with experts and everything, where joint custody was awarded.

AS YOU KNOW: Under California Law, Child Custody Modifications via "Exparte Hearings" is UNLAWFUL, or in laymen's terms, NOT ALLOWED. period thats the law, so I thought, well I'll just cite the law to Judge Vernon Smith, he'll cancel this wrong action by, alleged FLEA, Attorney Scott Lueders. A Local Attorney with more than ten years experience, why would he even apply for such action when he, "should have known the law?"

At this hearing a "declaration was presented (as it was also in the moving papers) by Dr. Jay Skelton, where in here DECLARED that one of the girls made statements to him thathe determined were sexual abuse. He did not say which daughter made the statement, he did not say what se said, in fact, Mr. Helzberg, isn't a judicial determination that a judicial officer should make, about what is "according to the law" sexual abuse???????????

I objected in both in responsive papers and during this hearing that the statement was "hearsay," MUST be stricken from the record as incompetent, and violative of my 6th Amendment right, according to the UNITED STATES SUPREME COURT, (Crawford v. Washington, look it up for free at findlaw.com)against the law for the court to give the "declaration" anything but the boot as worthless evidence of nothing...

Well not only did JUDGE VERNON SMITH, hear the Exparte Motion in violation of California Law, he defied the US Supreme Court saying, I dont care what that court said, as far as I'm concerned here its about the saftey of the children, and I'm going to suspend your contact......are there other facts you don't know at this point, yes! I had not seen either of my daughters since the previous court action, and in fact was temporarily living in another State taking care of my critically ill mother, she had a heart attack the very day the last action ended....so with no contact, and after an evaluator and the Court had already determined that I had not harmed nor did I represent any harm...now we have Dr. Jay Skelton being given an ORDER to Provide therapy to a 3 and 5 year old little girls, all based upon this kind of JUSTICE....

SO YES MR> HELZBERG IT IS THE COURTS Fundamental problem adding to already contentious problems by destroying every sense of the word JUSTICE....

THIS WAS JUDICIAL KIDKNAPPING...plain and simple...

AND TO OBSERVER: Please note I demanded a police investigation into this, and was denied...he police said it was a civil matter??? What?

I thought sexual abuse was a crime???? Even the Marin Dept of Health and Human put me on their list of sexual abusers, and CONTRARY TO CALIFORNIA LAW, refused t give me a hearing to clear my name....their reason..."they dont have the money to afford to give a hearing...BUT THE US SUPREME COURT says that if the State is going to keep such a list they MUST grant a hearing....not if they dont want to apparently....

OH as for the Appellate process...try this....under California Law If a person files a Writ of Habeas Corpus, the Court must explain in detail, not just a one word "denied" why they will not grant the Writ when sought.....want to know what happened....the CALIFORNIA SUPREME COURT drew a line through my Writ of Habeas Corpus, and Wrote under it Writ of Mandate/Prohibition, and then wrote DENIED!

Justice, I dont think so....tell me what I did to deserve this...tell me what my children did to deserve this ....the last great person to misuse children in this way was the THIRD REICH, "if you want to get it done USE the children because the people will do anything for THE CHILDREN...

These are facts, there is nothing about the about that is JUSTICE, its all documented....and the players ALL HAVE IMMUNITY and as of yet there is not one executive official, police officer, FBI agent, US Attorney, not one who will LOOK at this including investigate me for the sexual abuse allegations....why because they DONT want to tread on the other bureaucrats toes???...I have no answer, I only suffer the consequences....IT DOES HAPPEN like this Mr Helzberg....feel like some pro bone work??? After $428,000.00 I am depleted and broke, and dont forget I cant get a job because of the label California has put on me, in their list of sexual abusers, and I can't get the system to work, ITS BROKE.....

Posted by Joyce Murphy, a resident of another community, on Jun 11, 2009 at 9:34 am

After six and a half years in San Diego Family Court trying to protect my child, her father was finally arrsted on multiple counts of child molestation. Yes, I am that Joyce Murphy. Were it not for someone else's child presenting "physical evidence", we would still be in the nightmare. Until all of the members of the legal system and it's service providers (psychologists and visitation supervisors alike) are held accountable for each and every one of it's actions, we will all be at risk of losing our children, losing our lives, and losing any notion of protection and equality under the law which our Contstitution supposedly guarantees. Yes, I agree that all Family Courts should be audited. And that all representatives should be as legally accountable as any other entity. And that when money is assigned for special organizations to oversee any part of the system, their reports and actions and recommendations should be transparent not buried in secrecy nor bureaucracy. All children of any family court should be entitled do due process of law. When the system fails them, they should be able to sue all those who failed them from CPS to the judge. Full accountability.

Posted by Kari McDonald, a resident of another community, on Jun 11, 2009 at 10:05 am

In the case of our 4 troubled, confused, sad little ones...The child sexual abuser/s have more rights to the children and to protection. The abuser/s (yes more than one named and claimed in court)never being held accoutable even thought the WA state superior and district courts did hear. The 2 counselors of the children did as well testify...The one was a powerful tearful tesimony. It made me cry knowing yet hearing made it more emotional.

The children-- we are all so very vEry VeRy VEry VERY concerned about. We are also concerned about their more troubled mom beacuse of the generational family child sexual abuse. She Needs help! She does not understand what she is doing to the kids.

The courts the system has allowed the children to fall so hard!!!

Mr mom daddy keeps on working to protect his little ones. I was told by a domestic violence/sexual assault counselor the oldest girl now 13 was lost some time ago. We love these children so terribly- no child should be failed this way. THE SYSTEM HAS FAILED--WHO WILL BE HELD ACCOUNTABLE FOR THE DISTRUCTION IT CAUSED????

Pac man attorneys gobbeling the money - broken promisses. The judge as well....HIS WORDS ALONE NOT HELD UP. The judge should be held in contempt of his own court.

If anyone out there has an answer to help - the kids trully need a HERO!

Please call me 509-488-5193 A carrying sick and tired of the abusive failed system. Fact finders needed!!!! Salvage the lives of all our young ones.

Bless all our children everywhere,

Grandmother McDonald

WA state

Posted by Doubt, a resident of the Greenbrae neighborhood, on Jun 11, 2009 at 2:26 pm

Mr Heldzberg above seems to be arguing that NO children going through bitter divorces have a hard time, that none of them are confused or angry when dealing with parents prolonged litigation. How could he have come to such a conclusion? The kids don't care who is prolonging and making difficult the process, they just may be the ones hurting most. Maybe the little boy pictured on Mr. Heldzbergs website is fine with the whole thing, but really this is not always the case!

Posted by H8 liars, a resident of another community, on Jun 11, 2009 at 4:58 pm

Reading the posts here, as well as in other websites and forums, it is shocking and alarming that the courts are making such malicious rulings in abuse and neglect cases.

Where else, but in Family Court does an abuser have rights to custody of a child they have abused?

Where else but in Family Court, will the evidence be deemed inadmissible to prove the guilt of the abuser?

Where else but in Family Court can you file complaints against a Commissioner, Judge, or appointed third party to just have the same exact incompetence slap you in the face?

Where else but in Family Court do people profit by exploiting children?

We the protective parents have been blamed for our children's fears of the abusers. The abusers have manipulated the courts into a racketeering operation where third parties are able to afford the luxuries we are unable to now, because of their court ordered fees to lie and hide the truth.

I for one am waiting for THEIR judgment day.

Scriptures to read while we wait for the one and only judge;

For the Lord your God ... shows no partiality and accepts no bribes (Deuteronomy 10:17).

Now let the fear of the Lord be upon you. Judge carefully, for with the Lord our God there is no injustice or partiality or bribery'' (2 Chronicles 19:7).

``Such is the end of all who go after ill-gotten gain; it takes away the lives of those who get it'' (Proverbs 1:19).

Matthew 7:1-5

“Judge not, that you be not judged. For with the judgment you pronounce you will be judged, and with the measure you use it will be measured to you. Why do you see the speck that is in your brother's eye, but do not notice the log that is in your own eye? Or how can you say to your brother, ‘Let me take the speck out of your eye,’ when there is the log in your own eye? You hypocrite, first take the log out of your own eye, and then you will see clearly to take the speck out of your brother's eye.

Romans 2:1-3

Therefore you have no excuse, O man, every one of you who judges. For in passing judgment on another you condemn yourself, because you, the judge, practice the very same things. We know that the judgment of God rightly falls on those who practice such things. Do you suppose, O man—you who judge those who practice such things and yet do them yourself—that you will escape the judgment of God?

Romans 2:3

Do you suppose, O man—you who judge those who practice such things and yet do them yourself—that you will escape the judgment of God?

Matthew 7:15

“Beware of false prophets, who come to you in sheep's clothing but inwardly are ravenous wolves.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 12, 2009 at 8:15 am

Hello all-please check out the Oakland Tribune story on the link below--another important event yesterday. . .

Web Link

Fathers, mothers, grandparents, friends, law enforcement, elected officials, legal and mental health professionals, children's advocates and others need to continue to work together to improve our family court system.

A legislative audit of the Marin family court is the first step.

It appears safe to say the Marin courts have for years been famous for cronyism and corruption.

It is true that the Marin courts have tried to implement reforms with respect to the pro per calendars. It can be a good thing (in terms of helping people wrap up their cases) or a bad thing (people make snap decisions without knowing their rights outside in the hallway based upon a quick consultation with a free available lawyer). But perhaps what is more significant for the purposes of this article is that the bench is still forcing targeted litigants into a pro per status by refusing to order their wealthy, represented exes to pay sufficient fees for the pro per to obtain or keep counsel.

Litigants and lawyers appreciate Judge D'Opal's positive, approachable demeanor and the willingness of both current family bench officers to have meaningful settlement conferences. And, the relatively informal case management system is a great way to keep cases on track.

But certain members of the bench (family law included) remain entrenched in the "old school" "good old boys" (and girls) method of doing court business, and they maliciously and purposefully retaliate against those who question their power, and reward those who support them--ignoring the law -- and destroying lives--in the process. That attitude and those bench officers (young or old) are dinosaurs at this point. As this Pacific Sun article, and the new Oakland Tribune article, and the April 6, 2009 testimony given to the Elkins Task Force, and the testimony given in Sacramento in the past few months illustrates-- there is a very real problem with our courts, and, to borrow a phrase-- people all over the state "are mad as hell and they are not going to take it anymore". Court reform takes a long time, but it can and will be accomplished.

By the way, the new U.S. Supreme Court case about campaign contributions (Caperton v. Massey) will most assuredly affect cases in Marin County--check it out if you have not already.

Regarding Mr. Helzberg: Isn't it true that you partnered up with a former Marin court commissioner from the infamous Dufficy family court era, and your website touts your "good connections"? Enough said?

Posted by Kathy Ainsworth, a resident of the Muir Beach neighborhood, on Jun 13, 2009 at 8:02 pm

Thank you for helpping the children. Our courts need help. The laws should be up held, as they were writen. When there is evidence of child abuse the judges and attorneys should listen and make sure the child/ children are safe. Attoeneys should be made to be manadotory child abuse reporting partys as well as everybody else. Attorneys should be held acountable when they are appointed as a childs attorney and allow the child to stay in an abusive home. Children cannot defend themselves. They need all of us to help keep them safe. San Bernardino county courts need to be investigated as well as other courts in Calif. 6/13/08 Kathy Ainsworth

Posted by JSL, a resident of another community, on Jun 14, 2009 at 3:53 pm

NEARLY 3 YEARS AGO IN 2006 I RECEIVED A HISTORICAL ACQUITTAL BY A MARIN COUNTY JURY AFTER MY ARREST FOR FLEEING WITH MY 3.5 YEAR OLD DAUGHTER.

IT WAS SIMPLE, THE JURY BELIEVED THAT MY DAUGHTER WAS NOT PROTECTED BY FAMILY COURT ALONG WITH CPS, THE CUSTODY EVALUATOR, THE THERAPIST AND OTHERS FROM CHILD PHYSICAL/SEXUAL ABUSE.

AS I WAITED FOR 2.5 YEARS FOR A CRIMINAL TRIAL, MY DAUGHTER (WHO WAS BACK IN HER FATHER'S CARE), HER NEW BABY SISTER AND THE SISTER'S MOTHER (FATHER'S FIANCE) ALL BECAME VICTIMS OF ABUSE BY THE FATHER AND THE GRANDFATHER. THIS ABUSE WAS OCCURRING RIGHT UNDER THE JUDGE'S NOSE AS MY DAUGHTER WAS ATTENDING MARIN COURT MEDIATION.

AT THIS TIME WE BEGGED THE FAMILY COURT JUDGE TO LOOK AT THE PAST EVIDENCE OF ABUSE, BUT INSTEAD SHE STATED IN HER COURT ORDER THAT THE ABUSE ALLEGATIONS (WHICH CAUSED ME TO FLEE) WERE "FRIVOLOUS" AND DISMISSED ANY OF MY CONCERNS.

WHEN THE FATHER REQUESTED A MOVE AWAY IN 2005, THE JUDGE, AGAINST THE COURT ORDERED MEDIATOR'S RECOMMENDATION TO KEEP MY DAUGHTER IN MARIN, ALLOWED MY DAUGHTER TO MOVE TO HAWAII ONE YEAR BEFORE MY CRIMINAL TRIAL.

6 MONTHS AFTER MY DAUGHTER'S MOVE TO HAWAII, I REQUESTED ANOTHER ASSESSMENT OF MY DAUGHTER WHO SEEMED TROUBLED. I BEGGED THE NEW MEDIATOR TO MEET WITH MY DAUGHTER, BUT SHE REFUSED.

AFTER MY ACQUITTAL, I RELOCATED TO HAWAII TO BE CLOSER TO MY DAUGHTER. IT WAS THEN WHEN I FOUND OUT FROM THE FIANCE'S ATTORNEY THAT MY DAUGHTER WAS BEING ABUSED AND ALSO WITNESSING THE ABUSE OF HER LITTLE SISTER AND HER SISTER'S MOTHER.

THESE "FRIVOLOUS" ALLEGATIONS (AS THE JUDGE CALLED THEM) WERE NEARLY IDENTICAL TO WHAT THE NEW MOTHER ALLEGED. THE ALLEGATIONS INCLUDED PHYSICAL ABUSE, EMOTIONAL ABUSE AND SERIOUS SIGNS OF SEXUAL ABUSE.

DURING A 7 HOUR DEPOSITION, THE FIANCE, WHO COMMUNICATED THROUGH AN INTERPRETER, ADMITTED SHE FLED WITH HER LITTLE GIRL BECAUSE THE ABUSE TOWARD MY DAUGHTER HAD HER CONCERNED ABOUT HER OWN DAUGHTER.

TODAY, MY DAUGHTER IS LIVING WITH HER FATHER AND GRANDFATHER. FOR NEARLY 4 YEARS MY DAUGHTER'S ATTORNEY AND THE OPPOSING COUNSEL LIED ABOUT WHO MY DAUGHTER LIVED WITH STATING THAT GRANDPA, WHO ABUSED MY DAUGHTER FROM THE TIME OF INFANCY, DID NOT LIVE WITH MY DAUGHTER.

TODAY I LIVE ON THE SAME ISLAND IN HAWAII AS MY DAUGHTER DOES; HOWEVER, MY DAUGHTER'S ATTORNEY (PAID BY DAD) AND THE THERAPIST (PAID BY DAD) OPPOSE ANY VISITS ON THE SAME ISLAND AND ARE CURRENTLY TRYING TO CUT OFF ALL VISITATION.

BECAUSE OF THIS, WE ALL FLY TO ANOTHER ISLAND WHERE I SEE MY DAUGHTER SUPERVISED ONCE A MONTH.

AFTER OVER A DECADE I AM STILL TRYING TO PROTECT MY DAUGHTER FROM ABUSE. THE FACT THAT SHE IS A HOSTAGE IN A CORRUPT SYSTEM THAT PROTECTS ABUSERS, HAS TAKEN A SERIOUS TOLL ON HER.

TODAY, LOOKING BACK AT WHAT THE MARIN MEDIATOR RECOMMENDED TO THE FAMILY COURT JUDGE AND SEEING WHAT THE MOVE (ABUSE) HAS DONE TO MY DAUGHTER, MAKES ME VERY SAD. THE MEDIATOR KNEW AND STATED THAT THE MOVE WOULD BE "DETRIMENTAL" TO HER. THINKING THAT MY DAUGHTER COULD HAVE HAD A NORMAL, HAPPY LIFE..

IT IS A SHAME AND THE COURT SHOULD BE HELD ACCOUNTABLE.

I HOPE AN AUDIT IS ALLOWED TO INVESTIGATE THE CHILD ABUSE IN MARIN AND SACRAMENTO COUNTIES. IN MARIN, I WILL BE ONE OF MANY PARENTS TO MAKE SURE MY FILE IS INVESTIGATED.

I ALSO HOPE THAT ALL THE PLAYERS WHO HAVE PUT MY DAUGHTER AT RISK, ARE PUNISHED FOR THEIR COLLUSION AND NEGLECT.

SINCERELY,

JSL (AKA JR)

Posted by no name, a resident of the San Rafael neighborhood, on Jun 15, 2009 at 6:56 pm

I have a story to tell. I want to tell it to a family law attorney here in Marin that has the guts to sue another family law attorney for malpractice and corruption. Is that possible or am I dreaming a dream? Anyone know of such a lawyer?

Tell me why so many lives are being destroyed in this county and these criminals are allowed to get away with it? Stories go on and on with no end in sight.

Posted by One voice for protective parents, a resident of the Kentfield neighborhood, on Jun 15, 2009 at 8:59 pm

We want peace and safety for our own children, freedom from physical abuse, child neglect and endangerment, that is our right as citizens.

Our children, all children deserve to be protected by the family court from evidenced abuse/neglect/endangerment.

People who knowingly have and do turn a blind eye to abuse, need to be held accountable.

Although I cannot think of anyway ...or anything that could replace the lost days, months and years to emergency room suffering, to nightmares, screaming, crying, begging for help...a child just does not deserve to be forced to live with an abusive parent, by any judge..this is a sentence fit for a serial killer not a child. What becomes of our children who are taught, love hurts and authorities lie to hide abuse, because it pays them lots of money?

An audit is beyond needed.....children are suffering unnecessarily...lives are being lost and thrown out as if they are worthless.

Truth and compassion are coming for the children.

Posted by familycourtstrategycouncil@yahoo.com, a resident of the Bahia neighborhood, on Jun 17, 2009 at 7:09 pm

oops I hit submit on accident.

ANYWAY - I have proof that it was fabricated and that this is bigger than most think and that my lawyer was in on it w/the law guardian and judge and the clerk knows it and by not reporting it is now an accomplice! FOR MORE INFORMATION email

FamilyCourtStrategyCouncil@Yahoo.com

PS. There is much more to this but I am sorry, I am too tired...I will continue perhaps tomorrow.

BUT, ALL THIS SUPPORTS WHAT IS REALLY GOING ON BECAUSE WHY ELSE WOULD A SHRINK RISK HER CAREER AND OTHERS TOO IN ORDER TO HELP HER DESTROY ME..........BECAUSE I HIT THE NAIL ON THE HEAD ABOUT THE CONSPIRACY! Now, think out of the box....WHY WOULD OUR COURTS DO THIS TO OUR FAMILIES!!!! Google Aarron Russo and what was said to him about WHY the CIA funded Gloria Steinem and the feminist movement......

BACK LATER WITH THAT!

In Faith in God and Respect for Life after birth not just conception!

Marci

MISS YOU IDELE!!!! TRUDELL, LIZ ETC - keep plugging away BUT you must be UNITED to succeed, that is part of the reason they are doing all this in family court.

Scarano v Webber filed in Warren Co NY is now approaching trial in the next few months....I could use all the support I can get......I pray every day that through this case ALL WILL BE EXPOSED!

Posted by familycourtstrategycouncil@yahoo.com, a resident of the Bahia neighborhood, on Jun 17, 2009 at 7:23 pm

this is the 2nd time I am trying to put in something to fill the gap because the last time, it came back to me needing a neighborhood but without all text I typed!

I'll try again later

Marci

Posted by familycourtstrategycouncil@yahoo.com, a resident of the Bahia neighborhood, on Jun 17, 2009 at 7:31 pm

A Macro-view of this broken system following as brief an introduction as I can manage!

I have been a victim along with my 3 daughters 3 times since 1993! Each and every time there was CORRUPTION.....a ratio of 3:3. My first was Mallory (now turning 17) which set precedence in IL after 5+ years and aided in having bogus child abduction charges against me dismissed only after the newspaper wrote about it. She was forced to endure from age 3 to 6 basically all forms of abuse in the meantime we both were saddled w/ PTSD. Furthering the harm is the fact that the decision was not entirely accurate (which upsets Mallory). For example: it states that there was no conculsive evidence of ...... abuse! There wouldn't be any because it was NEVER INVESTIGATED! FYI her case is: In Re The Parentage of MMW, A Minor 296 IL3d 877 Decided on June 1st, 1998 in the 2nd dist. of IL

At the end of 1999 I moved to NY (a state I knew was of THE MOST CORRUPT via years of research including education by Marvin Bryer and others) thinking that my now 8 year old would finally have a dad, a good dad! Since winning my appeal, her father dropped our of contact and currently has none so he doesn't have to pay support. We gave up years of support and lived in lesser conditions because Mallory didn't want to take the chance of her father wanting visitation just because of support (as if he was paying for it).

I sought out a psychologist, Dr. Gina Scarano, (not carefully enough) in NY to help Mallory's PTSD which was very active and to help my new significant other (Rick Collins) and I keep a healthy relationship (preventative medicine) because I knew Rick (via self reporting) was an ex- alcohol and drug addict and womanizer whose parents were divorced and who claimed his father abused him. My ptsd was in remission as per my own evaluation (self-educated but also accepted by Albany Law School and SUNY for a Joint Degree of a MSW/JD) as well as that of this psychologist.

The majority of Dr. Scarano's interaction/interviews with me revolved around what happend in our court case, and every tiny detail I knew about PAS, Father's Rights, AFCC, CRC, Idele Clark, Marvin Bryer, Jerry McKenna and a judges pedophile ring, and those who attended ROCKAmerica in 2001 (Reform Our Courts 4 Kids) etc!!! EVERYTHING except what I have recently added as a macrotheory of WHY they do this! At the time I did ROCKAmerica and started law school my ex, Rick (later a conspirator with Scarano) did things to trigger my ptsd before and during our drive for me to take the LSAT which I took without any accomodations. Both of them made me agree not to do any more activism after that and I didn't.

Then Rick proceeded to further trigger my ptsd, try to convince me and my children that we didn't love each other at times when we were separate and began abusing me to the point that I felt suicidal. He and Dr. Scarano were especially good at making me feel worthless and not loved by my daughter that I fought for from 1993-98 and the daughter I just had given birth to a year earlier. Later I was to learn my own psychologist and my ex conspired to harm me and to further it with the hopes of me committing suicide! I started drinking heavily to cope, always going to a hotel so my children wouldn't see me like this while my own psych did more things to trigger me such as a fraudulent report to CPS which brought my emotions right back to my ptds trauma (it was unfounded) and .....

THEN....to attempt a fraudulent guardianship to Rick knowing that loss of my daughter would be a situation to "push me over the edge" as Rick put it to a lawyer friend of mine later on! Scarano DID NOT REFER ME TO ANY OTHER TREATMENT, MATTER OF FACT I TRIED TO FIND OTHER TREATMENT THAT WOULD BE SUCCESSFUL NOT KNOWING AT THE TIME THAT SCARANO WAS NOT JUST INCOMPETENT BUT DOING THESE THINGS TO WORSEN MY CONDITION ON PURPOSE! HER FEEDBACK ABOUT MY INTERNET DISCOVERY OF BIOFEEDBACK WAS "THAT'S HOKEY!"

WHY WOULD MY OWN PSYCH SEEK TO DESTROY ME AND MY GIRLS? Because as she failed to disclose to me, SHE WAS AND IS ONE OF THEM!!!!!!

She is a forensic psych for family court and has helping in the defense of a military man who molested his 15 year old daughter by using her bs psychobabble....thank GOD she failed and his conviction was affirmed on appeal!

NOW, this is the difficult part. The second time I lost custody was on Mallory's birthday, 8-21-2002 after I hospitalized myself and got on my feet with the help of Dr. Mo Hannah (who along with others at ROCKAmerica saw what I didn't in Rick....an abuser). During this time I got one of those FR law guardians and knew I was in trouble. So here I was back in my trauma environment, trying to care for a 1 1/2 year old and 8 year old on public aid in a @$#! HOLE apartment sleeping on mattresses. Of course this was more likely than not to happen (that's legal language) because of Scarano's recommendations and manipulations as well as her instigations of abuse.

Posted by familycourtstrategycouncil@yahoo.com, a resident of the Bahia neighborhood, on Jun 17, 2009 at 7:52 pm

During this time Scarano was conspiring with Rick and a lawyer, Veronic Cardozza O'Dell to do a fraudulent guardianship over Mallory knowing it would torment me further. Being in court/trauma zone again, I got a FR law guardian, paige crable who constantly attacked and triggered me (no doubt friend's with Gina like the current law guardian) So eventually after Scarano threatened to tell the court things to make me lose Madison I tried another ave by having Rick take her for a week or so to see what it is like 24/7 with a 2 year old. Didn't work, the law guardian told him to go to ct for custody and Judge DUGGAN (a weirdo per my experience with him at a DV law school event - probably a perv) ON MY ANSWERING MACHINE as if I was there. 2nd ex parte' transfer.

THEN DURING FINALS being so a mess because they gave Rick the authority to decide my visits SCARANO had Rick w the patient call me to tell me she was pregnant!!!! that's all I need to say put me in a hospital I need a stress vacation/.

Later I forgave and went back to him (dumb) we both filed law suits against Scarano but after she contacted him and it started all over again I left....he called CPS, I was unfounded and he was indicated

I had a Temp order of protection but it got transferred to Warren CO were Scarano's friend is and as a law guardian she threatened that if I did not move back to Warren co I would lose custody, so I was badgered into an order requiring me to move out of a house my mom bought to an area I could not afford...so I fought it, I lost with my attny LOUIS-JACK (snake) POZNER at $250/hr (also a ZIONIST - relevant re Macro take on things) v RICK......I lost in a "hand delivered (to Rick) decision SOLE CUSTODY AND LEGAL....now I am controlled by him!

HOWEVER, I found out later that IT WAS FIXED ON THE DAY BEFORE OUR SCHEDULED FINAL HEARING DATE AND MY LAWYER WAS IN ON IT! W/THE JUDGE AND RICK AND THE CLERK HEARING IT ALL WHICH MAKES HIM AN ACCOMPLICE!

I also have much more evidence but NO ONE TO HELP EXPOSE it!

I have audio, and docs including 2 being used in the Scarano case, one were she had writes that her breach of confidentiality....could be DANGEROUS!!! TO THEIR "ORGANIZATION" but after 4 years now she submitted 2 more docs squeezing for the children after dangerous, although it makes no sense with that! She also recently filed an affirmative defense that she was JUSTIFIED in her action. LOL...and in our 2nd depo she admitted to a section of my med records that she altered and SHE GAVE MALLORY's TO HER LAWYER WITHOUT MY PERMISSION....Cause she knows she'll have to doctor those too plus Mallory has grounds as her patient to sue as well. Not sure if Fred Altman will have any energy for that after this is through.

Well, trial should be in a few months and I could use all the support I can get! I am praying that it exposes it all and it comes crashing down around them like they have done to millions of American's lives!

Marci FAMILYCOURTSTRATEGYCOUNCIL@YAHOO.COM

Posted by Justice for Children, a resident of the San Rafael neighborhood, on Jun 19, 2009 at 3:18 pm

I think I figure who are the two marin attorneys who made comments here.

Disgusted law litigant on May 29, 2009 at 04:45 PM.

Observer on May 30, 2009 at07:21 PM, June 3 at 09:37 PM, June 5 at 06:57 PM, June 6 at 10:55 PM, June 7 at 07:37 PM, June 8 at 07:20 PM.

I know who you are and will make sure you are in the Audit proceeding.

Posted by clarence, a resident of the Mill Valley neighborhood, on Jun 19, 2009 at 7:36 pm

If any of you doubt that these people are vicious and scary, read the last few comments.

Posted by Justice for Children, a resident of the San Rafael neighborhood, on Jun 19, 2009 at 10:18 pm

Which Observer (San Rafael office) or Disgusted law litigant (Novato office)changed posted name to "clarance"? A bunch of crook lawyers in Marin try and try to cover up Marin Family Court Corruption, calling the protective parents, "4-5 cases, liars, mental illness, disgruntled parents, vicious, scary, etc".

Both of you can be sure that your name will be on the list of State Audit! How was the Judge party?

Posted by Mill Valley DAD, a resident of the Mill Valley neighborhood, on Jun 26, 2009 at 9:54 am

Well, it's four years and $150,000 later, and he sits across the table watching KQED Kids programming happy as can be. The fight, which is still not over, has been worth it. The system, however, is too slow, too costly, and, too easily manipulated by angered parents and their legal surrogates. The Judges just appear to be doing their job while recognizing that redress will be found in the legislature and not in the courts as they are presently configured for family law. In the meantime, guys, keep in mind that unless she is self-sufficient, you will have the pleasure of paying not only for your own attorney but for hers (six and counting) as well.

Posted by Dennis Burnham, a resident of the San Rafael neighborhood, on Jun 27, 2009 at 7:22 am

I no longer live in California. I moved there in 1993 in an effort to be closer to my kids and spare them the cross-country visitation travel by living in their neighborhood. My first contact with the Marin County court was in 1988 when it allowed my ex-wife to file a divorce petition before she was even a legal resident, thus beginning a jurisdictional quarrel that was eventually decided by the US Supreme Court in 1990. All the while, the Marin court indulged my ex's legal campaign to hold the children hostage, requiring me to surrender my legal position by asking the Marin court for affirmative relief, thereby accepting its jurisdiction.

The next 8 years were marked by a series of custody/visitation/support issues. Falsified reports to the Marin County District Attorney resulted in my having to pay 20% more support than I was ordered. It didn't benefit my children, it only provided funds for their mother's legal fees and substance/alcohol habits. In two instances of court-ordered custody evaluations, findings were written that I am the parent more capable of raising my children but the recommendations were to leave them in their mother's "care."

I noted Leslie Johnson mentioned in the above article. Ms. Johnson is just as guilty. When my son's middle school administrator informed me that he was wearing his mother's clothing to school and not being properly supervised or fed at home, she asked me to file an anonymous report. My response was that I don't need anonymity, I am his father. My report went to Child Protective Services and what did Leslie Johnson do? Instead of getting off her butt to make a field visit and see the conditions for herself, she called my son's mother in for an interview, so of course, she polished him up and dressed him right and demonstrated in a visit to Leslie's office that there was no need for any concern at all, it was just an example of my harassment. See for yourself: these photos made in 1998 show the conditions my son was living in. Web Link

My son was failing at Tam High and walking around school on black goth trenchcoat attire. He was refusing to see me and the thoughtful judge reversed his own decision to uphold a visitation order after taking testimony from my son in the corridor instead of the courtroom. That was a month after my mother died, resulting in a scheduled family Thanksgiving being cancelled after my son was brought to court and required by his mother and her attorney to lie to a judge, Rolling blackouts became a threat to the ongoing operation of my Internet business, so I gave up and moved back to the east coast.

My son's mother wanted him to transfer to Redwood in Corte Madera where no homework is assigned, eventually that happened. I've not had any normal contact with my first child, now 30 and married, since she was 13. My son's situation is less extreme, but still evidence of a pattern of PAS that began when they were born.

All of this is a result of the Marin County family court indulging PAS behavior and allowing attorneys to manipulate facts and circumstances to their own advantage. They trade lives for leverage in legal disputes that need not ever exist. I did not know the corruption in Marin system was as widespread as I now read because I was so focused on my own family situation that I had no spare time or money to discover a deeper, wider problem than mine.

Posted by Anoymous, a resident of another community, on Jun 29, 2009 at 8:03 am

The Marin County family court has historically been a leader in this country for several decades in promoting joint custody and co-parenting of children. The top family law attorneys, child custody evaluators, guardian ad-litem attorneys not only in Marin but in the United States also promote these values for "the best interests of the children".

There are some parents that are not willing to accept their co-parenting role. In those complex cases, there is no easy solution. It usually takes an independent child custody evaluator many hours and thousands of dollars later and the final decision is usually one that one of the parties is not very happy with. It is really unfortunate that those are the cases that the Pacific Sun and Karen Winner in her very bias manifesto or document report on.

Inasmuch as an independent audit may provide some benefits, it will less than likely be the solution for the complex cases. Furthermore, it would be impossible to track and judge the performance of the court system. How would you really measure these results?

It is really sad to see any custodial embattled parents in Marin spending time and energy litigating over time with their children when they should be putting those resources in to parenting them.

Finally, the Marin County Family Court System helped to unravel the very complex issues in my child's custody case in the '90s. I would say that if you look at the results today, they did a stellar job. For that reason, I would really urge the Pacific Sun to consider providing equal coverage for the family law cases where the Marin County Family Court System was effective. On the other hand, I doubt they will find any families like me to interview because these are parents that are co-parenting their children the right way. You'll find them on the soccer fields, at the Little League games and/or enjoying the beauty of Marin County co-parenting their children -- not in a Marin Family Law Court Room.

Posted by Courtwatch, a resident of the San Rafael neighborhood, on Jun 29, 2009 at 1:17 pm

While some cases involve two responsible loving parents who can work things out, some do not. "Complex" custody cases often involve domestic violance, child abuse, substance abuse, or mental illness--some disturbing factor that makes it difficult or impossible for the parents to co-parent. If you review Family Code section 3011 and 3020, you will see that it is the policy of this State to ensure frequent and continuing contact with both parents, except where the contact is not in the best interests of child, taking into consideration such things as violence, abuse, and substance abuse.

The complaints are that in these high conflict cases, often where the problematic parent (mother or father) has greater wealth or personal connections, the courts, mediators, minor's counsel, and/or others are not following required state laws and protocols -- and that children are actually being taken from protective parents and given to problematic parents. It should be quite easy to review--was there a claim of domestic violence, abuse, etc.? Who were the professionals involved in the case? Did the abuser end up with more or all custody of the child? And were the laws and protocols followed in placing the child with the alleged abuser?

For example, it would be easy to review the file to see if it is true that, as stated in a comment above,

"the Marin family court mediator who recommended that the mother lose all custody of her child testified that a) she had not read the current case file or any of the mother's moving or responsive custody pleadings before making her recommendation(in violation of California Rule of Court 5.210); b) she had not reviewed and was unfamiliar with the domestic violence history of the case (in violation of California Rule of Court 5.215); c) she did not know the "best interests of the child" test set forth in Family Code section 3011 (although that is the test she and the court are bound to apply in assessing child custody and visitation) and d) while what she did in the case might not be in compliance with state law, this is what they do at Family Court Services in Marin. Our Marin presiding Judge Verna Adams adopted the mediator's recommendation, stripped the mother of all custody (giving her two hours of supervised visits per week), and stated that what the Marin court evaluator had done in the case was "fair and appropriate."

The files will prove whether this is or is not true. Either the mediator and judge said those things on the record, or not, right?

Posted by Anonymous, a resident of another community, on Jun 29, 2009 at 8:25 pm

To: Courtwatch

1) The reason they are called complex cases is that the "files" in these complex cases are so full of allegations by both parties that it is impossible to tell who is telling the truth. And it is also possible from each parent's own perspective or belief, that they are telling the truth, even though their belief might not be reasonable. It always amazes me how the lay person believes they can review a family law legal file and determine if a parent is not suitable for co-parenting or joint custody.

2) In your message I see references to "protective parent" and "alleged abuser", normally that means a group of parents that are against joint custody and would like to roll back the clock to maternal custody. Is that true?

3) Marin has some top notch child psychiatrists and family law attorneys, many which were mentioned in the Karen Winner report. In my opinion, most of the supporters of the Winner report lost custody of their children. Did the parents in these cases pay off the judges, psychiatrists or attorneys in these cases - that's impossible or highly unlikely. I am not aware of a single bit of evidence that any payoffs existed, and with the high fees these professionals charged, why would they need the money. Just because the Pacific Sun former reporter Jill Krammer did an article on a story like this, doesn't make it close to true. In my opinion, Krammer got it completely wrong and so did Karen Winner.

4) Domestic Violence and Custody of Children - I recollect that Cindy Ross was one of the first women in Marin arrested for domestic violence. Does that make her an abuser and warrant that she is no longer be eligible for joint custody. As I mentioned, these are complex cases and that's why the Marin County Courts have traditionally urged parents to share custody with their spouse.

Lastly, I was surprised to see Linda Bernard interviewed in the Pacific Sun Story. I can't believe that with all the qualified Marin Psychologists, the Pacific Sun reporter had to go to a different county to interview Bernard. In my opinion, Bernard is a supporter of the protective parent cause. In the future, I would like to see the Pacific Sun raise it's level of "independent" news reporting on these types of stories.

Posted by Clarence, a resident of the Mill Valley neighborhood, on Jun 30, 2009 at 7:35 pm

To Anonymous:

Finally, a voice of reason and intelligence. You must be an attorney because you seem to know more than most these crazy commentors, who I think are what they call protective parents, but are actually dangerous lunatics. Cindy Ross is just one of the most vocal of these people, but there are many others. She used to come into court in my case as support for her friend, who is a very unhealthy person.

These people have way too much time on their hands maybe becuase they lost custody?

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jun 30, 2009 at 9:43 pm

Well, here's the deal:

An official legislative audit would sort this all out. Notice that a number of our public officials want this audit, to put an end to this endless debate. Are the Marin court and court appointees following the law or not? The law is what it is, and the court and court appointees did and said what they did. It is in the court record, in black and white.

The legislature can take a little look, and perhaps the attorney general would like a look at some of these cases too. I do believe the files will show that laws have been broken, and not just by litigants.

Let's get the audit show on the road.

Posted by Anonymous, a resident of another community, on Jul 1, 2009 at 12:13 am

To: courtwatch

If you think a legislative audit will be a miracle solution for making all family law litigants satisfied with our family law court system, you are a possibly a little myopic. Why would family law be sigificantly different then our legal system in America, sometimes it works and other times it doesn't. I would say that I would rather be in the Marin Family Law Court then in Brazil or Italy where two Americans David Goldman and Amanda Know are dealing with legal systems very different than ours.

You will always have unhappy litigants in divorce cases because custody and financial issues almost always significantly impact the lives of both parents and most importantly their children. It sounds like you are angry and want revenge over those that have worked very hard to improve the system over the last several decades. Inasmuch as I acknowledge the system can be improved, I think the best improvement is in educating divorcing parents to take responsibility for their failed marriage and strive to co-parent their children with dignity and respect.

Finally, a good start is for tabloids like the Pacific Sun to start reporting on some divorce cases where co-parenting worked well and the children lives were minimally impacted rather than focusing on the later. I personally prefer 60 minutes over Jerry Springer!

Posted by Finally~, a resident of the Bolinas neighborhood, on Jul 1, 2009 at 1:54 pm

The well being of children do matter.

Presently children are being harmed by injustice in the Marin County Family Court and in many other family courts across our nation.

To say our children matter less, because other atrocities exist elsewhere is yet another injustice.

Violence is violence no matter how you slice it...here or there..it is still violence, in Marin just shrouded and harder to see inside a pretty house with a lovely yard.

An audit would enable truth to rise.

Who would not be disgruntled if their own children were harmed by a broken court system?

Keep up the great work Pacific Sun!~:::We love you!

Posted by Anonymous, a resident of another community, on Jul 1, 2009 at 2:32 pm

If anyone wants to discuss a broken system, I think our system of news reporting is tragically very broken. News publications like the Pacific Sun should rely primarily on reliable sources. When you read Don Speich's article and many of the above comments and certainly Jill Krammer's past articles on the Marin Family Court System, I think many would agree that some of the sources were not reliable, trustworthy or authoritative on the subject matter. For example, when you read something in the National Inquirer it certainly doesn't have the same weight at the New York Times. The problem is that some very reputable news organizations are reporting on stories from third or fourth tier sources and citing them without thoroughly checking the facts and with the Internet, once the story is published, in minutes it is all over the Internet. For a story about the Marin County Family Court System, before disparaging the careers of some of our top judges, family law attorneys, child psychiatrists and mediators in the county, reporters must diligently find reliable sources and check and re-check their facts like Woodward and Bernstein did in their reporting of Watergate. Unfortunately, few news publications are doing that these days and that's why I've always positioned the quality of the news from the Pacific Sun with rags like the National Inquirer. It's really too bad in county like Marin, that the Pacific Sun can't step up it's level of news reporting, especially in when dealing with delicate issues such as child custody.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jul 1, 2009 at 5:50 pm

Anonymous, truth be told, many who have gone through our family courts have compared the process to that in third world countries. When our courts purposefully violate the law, or retaliate against those who criticize the court or its appointees, or rule in favor of political or financial allies, our courts are behaving like those in third world countries.

By attacking the Pacific Sun and others for writing about problems reported by those in the Marin community, you are "shooting the messenger".

Obviously this article was timely, as the vote on the legislative audit was indeed pending, and the article is touching a lot of people and inspiring discussion. These are good things in a democratic society.

In any event, as the Pacific Sun has just announced, Senator Leno's request for an audit of the Marin and Sacramento Family Courts (which request was joined by multiple other lawmakers) was unanimously approved today. In fact, the request was unopposed at today's Sacramento hearing. Our court will be audited by the legislature. Thank you to Senator Leno, and all others who showed true leadership in stepping forward to make this happen.

Posted by Anonymos, a resident of another community, on Jul 1, 2009 at 6:37 pm

Courtwatch, Does our Supreme Court in the United States of America purposefully violate the law? Why would you think the Marin Court Judges would purposefully violate the law? Why do you think only you and your select group of self appointed non-licensed individuals can read self serving court documents and decipher the appropriate outcome in court cases! Why would you think with the status of the California budget that this would be a good use of taxpayer dollars? I would say the with the complexity of family law cases it would be virtually impossible to effectively evaluate the effectiveness of the court system in an unbias manner. What scares me is your vindictive attack of a court system and some outstanding professional who sincerely care about the families and the childen of Marin. You are unilaterally attacking the entire system with stereotypes and allegations we haven't seen since before civil rights. That is pathetic!

- snip-

Anonymous, truth be told, many who have gone through our family courts have compared the process to that in third world countries. When our courts purposefully violate the law, or retaliate against those who criticize the court or its appointees, or rule in favor of political or financial allies, our courts are behaving like those in third world countries.

Posted by Again and again, a resident of another community, on Jul 2, 2009 at 2:48 am

Unfortunately, people who go into law usually do it for the money. Then you get a journalist from New York to investigate Marin -- talk about a pot calling the kettle black.

I had a family court case for years in New York & also knew lawyers there, & I realized they began using crack in law school -- one of my lawyers was addicted to crack. In Marin, most lawyers use marijuana. They should be drug tested, just like bus drivers. Would you want your child's needs evaluated by a lawyer or judge who has his own kids with a nanny-slave (aka wealthy people's foster care)?

That New York journalist should look at her own NYC family court. HUNDREDS of people sit each day (adding up the boroughs, that's more than a thousand), only to be told at the end of the day their case has been adjourned. New York Magazine did a story in the mid 1990's about "PLUMS" or cases that lawyers drag on for years & blame the parents for. So I go into the crowded family court building on a Friday and it's EMPTY!!! They all get out of town to the Catskills and the Hamptons Thursday night, great 4-day work week while they complain about under-funding. New York's family court complains that it's under-funded, but how come they have the money for a second home in the Hamptons, frequent cruises, and a Carribean nanny (just to let the kids know that Blacks are servants without ever having to say anything racist)? I think that journalist is reading New York's attitudes into Marin & a California journalist ought to investigate. I think Marin's lawyers' failings are on a lesser scale but should be dealt with.

Posted by clear thinker, a resident of another community, on Jul 14, 2009 at 8:21 pm

Yet again the United States went to war to rid Iraq of their tyrant while we have equivalent tyrants right here at home posing as judges and hardly anyone wants to get involved. Thank God for the folks who have spoken up!

Posted by Ali, a resident of another community, on Jul 17, 2009 at 3:27 pm

I have my child been legally kidnapped from me based on false allegation of passport issued proven to be wrong & biased evaluation from Dr.Conrad as she has refused to follow the structure of custody evaluation ( that the child should be seen at least once with each parent)& she refused from me to attend the evaluation because her policy she does not see people not represented with a lawyer.aided by Dr.skeleton incompetent liar therapist who put my child in suicidal risk by his biased ( fail to initiate code 5150 )

Advice for every parent going through custody battle ; if your judge ( Esp Wood ) asked you to have the custody evaluation by neither of Skeleton nor Conrad say no safer to the child & toward fair evaluation.

Posted by Anonymous, a resident of another community, on Jul 17, 2009 at 11:31 pm

To Ali,

I had a good experience with Dr Conrad in my child's custody case. I recollect she is not bias and is brutally honest in her assessments. Those evaluations are not easy because it is often difficult to ascertain the truth.

Posted by To the person who respondent to Ali ( To Anonymous), a resident of another community, on Jul 19, 2009 at 5:17 am

Dear Respondent

Thank you for your answer. I hope you are not Dr.Conrad herself or one of her relative. But to refuse to evaluate somebody because he is poor or muslim is not a good character. Maybe you get to be on Dr.Conrad bias side,female?,American?,Possibly jewish?,has a lawyer?

Every person has a biased side.

my e-mail miali34@hotmail.com if you want a proof of her violating the ethic conducts of psychologist.But the REAL JUDGE will question her & the court as in these hard circumstances,there is people who know very well how to manipulate the system / hide the truth & their shortcoming ( Ameican say loop halls! )including the lawyers defintly & possible Skeleton/Conrad combo.May everybody will question by the REAL JUDGE in his day.

Posted by Anon., a resident of the San Anselmo neighborhood, on Jul 19, 2009 at 5:22 am

I totaly agree with you Ali about Skeleton but about Conrad I am not sure.I will contact you by e-mail to see about Dr.Conrad hiding truth & violating codes of conducts. I do not beleive that we all will be judged how do you know that?

Posted by A, a resident of another community, on Jul 19, 2009 at 8:28 am

and if this is true , it does not matter if you complain to any level you want because you will find the head of the pyramid belong to them too.So complain to GOD if you have right who is the POWERFUL, the JUST, the REVEANGER and forgive who hurt you. This advice I have been trying to do & not able too as all my complain about the legal kidnapping of my child are failing. I hope I can quit complaining except to HIM

Posted by Jennifer Fritz, a resident of the Larkspur neighborhood, on Jul 20, 2009 at 2:05 pm

You only need to read the content of some of these posts to realize we’re not dealing with those of sound mind. The attorneys who convince these people that they will prevail in court when they know damn well they couldn’t pass a psych test are the ones who should be ashamed.

Who could imagine a parent who lost custody/visitation of their child would claim it was everyone else’s fault, and not their own? Once the results of the audit come out, these people still will not be convinced that the Marin County Family Law court is anything short of corrupt.

Rama Diop and “JusticeCalifornia” claim prejudice because Judge Duryee and Commissioner Wood (wives of Freitas employees) ruled on her case and the father of her child was represented by Alexandria D. Quam who also worked at Freitas. Sounds like a huge conflict of interest, doesn’t it? Would it still seem like a conflict of interest if you knew that as soon as Alexandria D. Quam moved her practice to Frietas, Judge Duryee and Commissioner Wood removed themselves from each and every case wherein Alexandria D. Quam provided services and they never again ruled on any of those cases? And does anyone really believe that Judge Adams was “presiding over the court and acting as father's attorney” simultaneously?

It is so unfortunate that certain people stretch the truth and make completely false allegations. If it wasn’t for these parents who make up stories about their children, using them as pawns to get even with their exes, ruling in cases would be so much easier. Obviously, if there was actual proof of abuse no Judge would continue to have that child subjected to the abusive parent. It simply just doesn’t make sense. There is a reason it’s far easier to believe these parents are a little bit crazy than to believe there is a conspiracy theory among the judges to place children in abusive homes.

Avoiding the Legal Self Help Center because Ali Quam is the Family Law Facilitator and at one time may have represented the interests of your spouse is silly. The Legal Self Help Center does not offer advice so its not as if using the service would be of detriment to your case. The employees of the Legal Self Help Center simply explain the processes and give you the forms.

Posted by Attorney, a resident of the San Rafael neighborhood, on Jul 20, 2009 at 5:04 pm

Jennifer, if only matters in courts were as clear cut as you suggest:

"Obviously, if there was actual proof of abuse no Judge would continue to have that child subjected to the abusive parent. It simply just doesn’t make sense." One hopes that would be the case. Unfortunately many if not most cases are shades of gray. I've practiced in family courts and it's a very human system, with some judges being more objective than others and probably all of them having built-in biases which the better ones try to overcome in their official actions. I think the truth about Marin Courts is probably in a gray area also - not all bad or all good, with room for improvement.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Jul 26, 2009 at 9:30 pm

Dear Ms. Jennifer Fritz and Attorney in San Rafael on July 20, 2009,

You didn't report the fact regarding Rama Diop case. Commissioner Wood is the judge in her case. She didn't remove herself after the conflict of interest. C. Wood threatened to tired Rama in the chair. You should get the court transcript and read it yourself, "Judicial retaliation".

Marin Family Judges would continue to have the child subjected to the abusive parents. You are absolutely right. It just doesn't make any sense.

Here is a few example of marin court mediator who is incompetent, break the laws and doesn't know the most basic law and local rule to perform her job as a mediator. She should be in jail.

Attorney: Did you look the court files?

Marin court mediator: NO

Attorney: Did you read the court file?

Marin court mediator: NO

Attorney: Did you read the (date) pleading?

Marin court mediator: No, I did not

Attorney: Have you read the pleadings file before you interviewed the mother?

Marin court mediator: No, I did not

Attorney: Again, did you read it?

Marin court mediator: I didn't read it

Attorney: At any point in time since you got that motion, have you read the court file?

Marin court mediator: NO

Attorney: FCS 1814, 1815, 1816, as you sit here today, are you familiar with them?

Marin court mediator: I don't know

Attorney: in what code section would I find the standards of practice for you?

Marin court mediator: I'm unable to answer the question. I don't know

Attorney: Did you go look at the court file?

Marin court mediator: As I testified previously, NO.

Attorney: Are you aware of California rules of court 5.215?

Marin court mediator: NO

Marin family judge found this incompetent mediator recommendations was fair and appropriate. Now, the child live with the abusive parent and suspended in school. Does it make any sense? No. Numerous concerned citizens reported to local officials for State Audit. Elephant is in the room. You can't really miss it anymore!

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jul 27, 2009 at 11:33 am

Ms. Fritz, according to your web blogs, you are a legal assistant, apparently in search of a dream job, and now you are posting on all websites defending Freitas McCarthy, the bench and Ali Quam. Perhaps you hope to get a job with the court or Freitas?

In any event, it is unfortunate that you are continuing to disseminate misinformation--first in the IJ, now in the Pacific Sun.

It is not true, that Lynn Duryee and Beverly Wood refused to make orders in cases involving Ali Quam, after Ali started working for Freitas McCarthy.

In fact, Duryee issued a very damaging restraining order against a mom, based on false allegations of abuse by dad (which dad admitted at trial), while Quam was representing the dad; and Wood also ruled in this same case, claiming she didn't know that Quam had formerly been the lawyer for the dad. Mom challenged Wood based in part on the fact that Quam had worked for Wood's husband at Freitas, but Wood has refused to remove herself, and has held on tightly to that case ever since. Mom (who represents herself) cannot use the Marin Self-Help center, because she will be greeted by dad's former lawyer, Ms. Quam, and when mom goes to court, there she is before Wood, with Ms. Quam in the courtroom working with Wood. Dad told the court he uses Ms. Quam's services all the time.

I invite you to apologize for providing misinformation to those reading your prior comment.

Posted by Jeffrey B., a resident of the Kentfield neighborhood, on Jul 28, 2009 at 8:46 pm

I was divorced about five years ago in Marin. I don't know most of these people everyone is talking about, but I do know two people who've recently been in the family court system. They didn't complain about the judges, but they were really unhappy with the outcome of their cases. The stuff everyone is talking about is pretty scary. Doesn't the bar association deal with crooked lawyers and judges?

Posted by Annon, a resident of another community, on Jul 28, 2009 at 9:15 pm

I have a question... if courtwatch is concerned about this mom not being able to go to the self help center, why doesnt courtwatch represent mom? courtwatch seems very compasionate and it seems this mom being refernced could use a lawyers help.

Posted by Anonymous, a resident of the Bolinas neighborhood, on Jul 28, 2009 at 9:30 pm

I bet COURTWATCH will say "I have too many cases on my hands as it is." or will offer a lame conflict of interest excuse.

But I think the truth is one of the following:

1) MOM doesn't have enough money for representation and COURTWATCH couldn't possibly take another pro bono case.

2) COURTWATCH, who knows all, knows the details of MOMs case and wouldn't touch it with a 10 foot pole.

3) COURTWATCH is just another attorney looking for publicity to help line their pockets.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Jul 29, 2009 at 10:58 pm

To Anonymous

1. Have you ever help any moms who don't have enough money for representation like take 1 or 2 pro bono case?

2. You continue to disseminate misinformation with your post comments without the fact finding. Court watch helps numerous pro bono cases and you would NOT touch it with a 10 foot pole.

3. Are you looking for a job and publicity to help line your own pockets and the corrupt family court pockets?

4. You should read the court mediator's testimony that I posted on July 26 if you didn't understand what she testify. You should ask the interpreter translate them for you. I have more to post. Please let me know if you want to read more how this judge found this incompetent mediator's recommendations were fair and appropriate after she repeatedly testify that she didn't read the files.

This incompetent mediator is subject children to the abusive parents. If you post again, I will have the name of this mediator expose.

You should know by now why concerned citizen ask for State Audit Marin Family Court!

Posted by Kelly, a resident of the Mill Valley neighborhood, on Jul 30, 2009 at 9:39 am

I think that anonymous might be right. Do these lawyers really care about their clients or are they just looking for publicity? It looks to me like they are just stirring up a bunch of angry people who then make more and more outrageous claims.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Jul 30, 2009 at 6:43 pm

To Kelly, Jennifer Fritz, Anonymous, and Attorney in San Rafael.

All of you should read the court mediator testimony that I posted on July 26 again. These are not outrageous claims but her own malpractice and incompetent testimony. Being a moral and ethic attorney must really care about their clients not their bank accounts.

Judicial retaliation group speak the loudest for the court. Perhaps, it is the same person with different names on the post.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Jul 31, 2009 at 2:08 am

It is ironic that there is a suggestion that the mothers, fathers, lawyers, good samaritans, advocates, and even grown children of divorce who, over the past decade or more have given up their time -- and put themselves on the line-- in order to speak out about the outright corruption that has gone on in the Marin courts, are doing so for financial gain. It is a grueling, sometimes hazardous undertaking-- not for the faint of heart.

It is a whole lot easier to ingratiate yourself to the judicial powers that be (and that's putting it politely), or silently endure judicial abuse of power, than to stand up and speak out about what's happening. If speaking out was a way to "line pockets" of attorneys, a heck of a lot more attorneys would be speaking out.

It is because of the individuals who are willing to donate their time and energy, that the dots are being connected, and official court records are being made. The picture emerging from this "connect the dot" exercise is one that irrefutably illustrates that certain members of the Marin court and court personnel have been breaking laws, and playing favorites, with impunity. Lives are being trashed as a result.

Marin deserves better.

Posted by Annon, a resident of the Bahia neighborhood, on Jul 31, 2009 at 8:51 am

Oh was that an answer to:

I have a question... if courtwatch is concerned about this mom not being able to go to the self help center, why doesnt courtwatch represent mom? courtwatch seems very compasionate and it seems this mom being refernced could use a lawyers help.

Posted by Kelly, a resident of the Mill Valley neighborhood, on Jul 31, 2009 at 6:00 pm

To annon: How could you even think that these people who personally attack anyone who disagrees with them have anything but the most noble interests? They seem to think that they have all the answers and everyone else is wrong. How dare you criticize them and insinuate that they might have ulterior motives, such as free publicity, or something else.

Posted by Anonymous, a resident of another community, on Jul 31, 2009 at 11:13 pm

I want to state that the Marin County Family Law Courts worked for my child. In acrimonious custody cases and those involving a significant amount of assets, the only way for a judge to make a ruling is to get an astute evaluator and/or child psychiatrist to interview all parties involved and sort through the folders of self serving and bias court documents provided by each party. The evaluator then renders an opinion which probably isn't going to be popular to one or both of the parties. That all said, I recollect that the Karen Winner Report and the Court Reform Group were created by some of those scorned litigants.

Yes, the Marin Family Law Court could be improved, but in promoting joint custody or co-parenting -- it is one of the best court systems in the country and I have those that worked on my children's case in the '90s to thank for what outstaning young adults my children are today.

I am really disappointed at the witchhunt against those family law professionals and judges that dedicated their careers toward helping families. The media is listening to a few disgruntled litigants and attacking a system that has very little hope of pleasing all those involved. Divorce is expensive both financially and emotionally and it's time some of those scorned litigants stepped up and took responsibilty for their decision to bring their children into this World with their then beloved spouse as well as the financial responsibilty for their failed marriage.

There is way too much blame of the system in some of these posts and not enough acknowledgement of each family law litigants inability to mediate the financial and custody issues with their former beloved spouse.

Now that over 10 years has passed since my divorce and my children are young adults, it's easier for me to rate the effectiveness of the Marin Family Law Court.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 1, 2009 at 12:07 am

Dear Annon--Yes, that was an answer. Let's just say I have practiced what I preach.

And Kelly-- also be assured that if it was profitable to call out corrupt judges and court personnel, the newspapers would be inundated with calls. Instead, many in the Marin community are terrified of the Marin court's infamous, longstanding and intertangled politics, cronyism, and patent judicial retaliation -- and this fear is exactly what our court wants. Kissing corrupt judicial "agendas" (and I am being very polite with my words) may not be noble -- in fact, it may be downright degrading-- but it is heck of a lot easier than the alternative. Ask anyone.

And finally, to the recent post by Anonymous, I am so glad your family is doing well. It appears you were fortunate. As I understand it, you may have gotten in just "under the wire", so to speak. The last decade is reportedly the worst in the history of the Marin family court, in terms of increasingly entrenched problematic/cronyistic behavior of our bench and court appointees. Many of our best Marin court employees and family mediators have left since you were in our court...

Posted by Anonymous, a resident of another community, on Aug 1, 2009 at 8:52 pm

Dear Courtwatch,

1) The family law professionals have not changed too much in the past 20 years. The ones that worked on the highly contested cases in the Karen Winner Manifesto are some of California's finest with top notch credentials. Winner interviewed and reviewed the documents of the party that was not satisfied with the court or evaluator's findings.

2) Cronyism was also an inaccurate depiction of the Marin Courts. There are only a handful of highly qualified evaluators thank can sort out the truth and make a custody recommendation when you have parents that can't agree on a co-parenting or custody plan. Even Alec Baldwin had some really horrible experiences with very bad evaluators. But the allegations that Marin Judges favored certain evaluators due to cronyism is not correct. I believe they selected evaluators that they knew could be trusted to provide an unbias recommendation and usually only after each party submittef their name to the court.

Again, the botton line is that divorcing parents must agree to co-parent their children, be respectful and cooperative regarding vacation schedules, school and extra-curricular activities regardless of the reasons behind the divorce. They should also not disparage the other parent or engage in parental alienation. It certainly will not always be easy if there are new financial issues, step parents, new relationships etc. But they should take responsibilty and ownership of the divorce since they are the ones that brought their children into this world. And if they can't agree or compromise these issues with their attorneys, then they shouldn't expect the courts to create any award winning settlements! Come on courtwatch, just what are your sincere motives here?

Posted by CMC, a resident of the Mill Valley neighborhood, on Aug 1, 2009 at 9:36 pm

Anonymous: Be careful, you are trying to make a thoughtful contribution to this forum. You will be attacked by the crackpots.

However, you are right. Many of the people who post on this website simply are not willing to accept any responsibility for anything that has happened. It's all the judge's fault, or the mediator's, or someone else. It is so much easier to attack someone else or to imagine that there is some giant conspiracy of judges, attorneys and court employees. I keep reading these posts hoping to see a glimpse of intelligence, but out of the 200+ comments, there are very few.

Posted by Observer, a resident of the Greenbrae neighborhood, on Aug 1, 2009 at 11:52 pm

Anonymous, you may mean well but you may also be naive

After the Winner report, many of the so-called "top notch" family law professionals skulked off to be private judges and experts, or moved away, after their buddies got booted off the family law bench, and they were faced with having to really litigate--just like real lawyers and experts

Cronyism goes far beyond evaluators--how about Freitas McCarthy (Duryee--Moran; Wood-Kleinbrodt; Ali Quam); Moran--Adams-Duryee-Sutro-Dufficy-Ragghianti--and more

Or how about Fiduciary Resources--Dufficys/Boyden/Schmierer/Riede/Freitas McCarthy

Or how about Renee Chernus(I now drive a big mercedes and can and do tell everyone I am VERY FAVORED, because I defended Judge Duryee about that child abuse case, and now my husband Roy is a court commissioner!!!)

Cronyism appears to be alive and well in the Marin court.

Posted by really?, a resident of the Belvedere neighborhood, on Aug 2, 2009 at 11:40 am

Observer: Are you serious? "Duryee--Moran; Wood-Kleinbrodt; Ali Quam...Dufficys/Boyden/Schmierer/Riede/Freitas McCarthy... Renee Chernus" You and the rest of these conspiracy theorists are out of control. Might as well throw in a grassy knoll at this point.

Posted by Juan, a resident of the San Rafael neighborhood, on Aug 2, 2009 at 11:57 am

To really? That's just what I was thinking. Observer is just as nutty as most of the other crackpots posting on this website.

The attorneys criticized in the Winner Report aren't practicing law anymore? Couldve fooled me. Renee Chernus defended Judge Duryee about child abuse and that's why she drives a Mercedes? Judge Sutro? What does he have to do with this?

They are all coming out of the woodwork, and making personal attacks, but where are the facts?

Posted by Anonymous, a resident of another community, on Aug 2, 2009 at 4:17 pm

CMC,

Thanks for the advice on the crackpots. What still mystifies me is that the Pacific Sun Community Newspaper reporters continue to interview the crackpots as sources. It started with Pacific Sun reporter Jill Krammer who clearly had her own agenda. Her stories on the Marin Courts and some of the custody cases were considered by many to be inaccurate or bias.

It also amazes me how posts by Observer and Courtwatch contain so many unproven allegations and conspiracy theories. These individuals with no professional credentials who clearly have personal causes have self appointed themselves as a watchgroup of the Marin Courts. And these are the individuals accusing the Marin Courts of cronyism?

Posted by CMC, a resident of the Mill Valley neighborhood, on Aug 2, 2009 at 8:40 pm

The squeaky wheel gets greased.

Posted by observer, a resident of the Greenbrae neighborhood, on Aug 2, 2009 at 9:33 pm

You are perfectly right to be skeptical. Hey don't listen to me, do your own investigation. This can be like a scavenger hunt. Start up at the Marin Civic Center, with a look at our current judges' and commissioners' statements of economic interests and their campaign contribution disclosures filed over the last decade.

Posted by truth, a resident of the Bahia neighborhood, on Aug 3, 2009 at 4:46 pm

Web Link

The CJE isn't as squeaky as they'd like you to believe..... This article is just the tip of the ice burg.

Posted by Mary, a resident of the San Anselmo neighborhood, on Aug 3, 2009 at 7:42 pm

Observer, I'm confused. Are you saying that parents who appear before judges contributed to their campaigns? That's a big deal. Is that what's going on? Where is this information? Which Judge?

Posted by Concerned about courts, a resident of the San Rafael neighborhood, on Aug 4, 2009 at 8:50 am

In the IJ posts, "Truth" wrote:

Web Link od/ci_4461723

The CJE isn't as squeaky as they'd like you to believe..... This article is just the tip of the ice burg.

My response, there and here:

I had a very nice, intelligent and civilized e-mail conversation with Mr. Spotswood after this piece ran.

He admitted that he knew very little about current practice in the Marin family courts. I could be wrong, but I don't think he has criticized the CJE since this 3-year-old article, has he?

Posted by truth, a resident of the Bahia neighborhood, on Aug 4, 2009 at 9:19 am

I don't believe I ever read a retraction.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 4, 2009 at 6:48 pm

Local officials and concerned citizens are calling for State Audit in Marin and Sacramento Family Court. Judge in this case found this incompetent court mediator (W) recommendations were fair and appropriate after she repeatedly testified that she didn't read the court files, pleadings, only look at the father's motion not the mother, clueless all local rules and laws to perform her duties. Marin Court Mediator Department should be shut down for good!

Attorney: Are you aware of any rule, or procedure, document issued by family court services that lets that parent who come through your office know that their attorneys are allowed to send documents to you?

Marin Court Mediator G.W.: I---I don't know.

Attorney: Is there anything in there telling them to bring their pleading with them?.

Marin Court Mediator G.W.: NO.

Attorney: Could you tell me what the best interest factors are in family code section 3011?.

Marin Court Mediator: NO, I'm unable to do that for you.

Attorney: Have you looked at all of the custody orders in this case?

Marin Court Mediator: Again, I don't----I don't know.

Attorney: I'm asking you right now, are you aware that a CLETS restraining order was issued in this case?

Marin Court Mediator: I'm unclear if a CLETS restraining order was issued in this case.

Attorney: Did you read exhibit M?

Marin Court Mediator: I did NOT.

Attorney: Could you please identify what Exhibit M for me, the first page?

Marin Court Mediator: It's CLETS restraining order after hearing.

Attorney: Do you know whether a police report made?

Marin Court Mediator: I don't know.

Attorney: Did you read the doctor's reports attached as Exhibit O?

Marin Court Mediator: NO, I did not read this.

Attorney: Did you read this (Exhibit R)?.

Marin Court Mediator: I don't recall.

Attorney: Did you talk to his teacher?

Marin Court Mediator: I did not.

Attorney: Did you talk to his doctors?

Marin Court Mediator: I did not.

Attorney: Did you talk to child therapist?

Marin Court Mediator: I did not.

Attorney: At any point in time since you got the motion, have you read the court file?

Marin Court Mediator: NO.

Attorney: In what code section would I find the standards of practice for you?

Marin Court Mediator: I'm unable to answer that question. I don't know.

Attorney: Did you look at the court file?

Marin Court Mediator: NO.

Attorney: Have you read the file?

Marin Court Mediator: NO.

Attorney: Did you go look at the court file?

Marin Court Mediator: As I testified previously, NO.

When the corrupt court mediator never follows the laws, local rules and procedure, there are no laws, no local rules and no precedure. She gave the abusive father the sole custody who committed domestic violence and child endangerment. Yes, I want State investigation.

Posted by Anonymous, a resident of another community, on Aug 4, 2009 at 8:16 pm

To Judicial Retaliation,

I didn't think the Mediator gave custody to a parent. I thought they helped the divorcing parents mediate a custody agreement. It sounds like the mother in this case felt she should be awarded sole custody because of an incident or alleged incident of family violence. If that were the case would you also feel that Marin County mother like Cindy Ross arrested for family violence would lose her right to joint custody or co-parenting.

If this were your case, then you always have the right to ask the court to order an evaluation and dispute the custody ageement. Btw, did you Agree to and sign a

custody ageement? When family violence allegations are involved, I don't think you should blame the mediator. It is you and your attorneys job to bring this matter to the Family Court or CPS. You should'nt blame the mediator, it's really not their job to make custody recommendations.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 4, 2009 at 9:42 pm

To Anonymous,

Where do you live?

Please kindly take your time and read my post on July 26 and August 4 again. In Marin County, Marin Family Court Services recommending mediator to make custody recommendation to the court. In this particular case, we had this incompetent mediator made custody recommendations without reading the mother's custody motion with attached police reports, medical reports, school report cards, restraining orders, hearing transcripts, without look at the court files and pleadings, clueless in accordance with state law and local rules to perform her duties. The laws broken by this mediator.

Yes, not only this mediator's license should be revoke. She should be in jail for malpractice. In another case, she refused to listen to the mother's concern regarding DV and child endangerment, made recommendation that the father had unsupervised visit and the toddler ended up in the emergency room covered up in blood and fingers marked around his neck. This toddler is in the long term medical trauma treatments because of this incompetent mediator's recommendations.

For your information, family violence in this case was not allegations. There were tons of DV evidence in this case. Marin citizens called The Kangaroo Court. If Judges don't follow the laws, there is no laws.

Did you know why Cindy Ross's ex husband could not get the custody of their child? You should check out the fact. In Marin County, you hit the child, you get the child. You hit your wife, you get the child.

Thank you very much.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 4, 2009 at 10:03 pm

To Anonymous: You need to get with the plan! You are questioning Cindy Ross? She's one of the foremost experts on parental alienation syndrome and she knows the truth and you do not. Do you know why her ex husband could not get custody of their child? Maybe one of the other people on this forum will tell you. They can also tell you about the bloody toddler in the emergency room.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 5, 2009 at 1:05 am

Oh for heaven's sake!

Anonymous, it is of concern that you sound so much like a prior Marin County poster (Jennifer Fritz, a legal assistant apparently looking for a job) who has repeatedly sent out damaging disinformation to the public.

Marin Family Court Services mediators DO routinely make custody recommendations to our judges, that are routinely accepted by our judges.

Cindy Ross, CJE, the pope, Obama, the Clintons, Sarah Palin, Madoff, etc., etc. etc. have absolutely nothing to do with this debate about this Marin mediator's alleged testimony.

Here is the real question-- can Anonymous or anyone else (judges, court executive officers, mediators, court defenders, etc.) dispute the veracity of the transcript excerpts posted by Judicial Retaliation?

If so, speak up!! We want to hear from you. . .

If not, Marin parents have a lot to be worried about when they enter our Marin family court system.

Posted by Anonymous, a resident of another community, on Aug 5, 2009 at 1:06 am

To Judicial Retaliation,

I did read your post from July 26th. I am curious why you blame the mediator. In most high conflict divorces with allegations and cross allegations, they are not settled in mediation unless both parties agree to the custody agreement. The mediator's job is to facilate this agreement only. If the divorcing parties can't agree, the case goes to court and most likely an evauation. In other words, if you are a parent seeking sole custody so you can dictate to your former spouse how your child should be raised, then it is unlikely your case would be settled in mediation unless you decided in mediation that your former beloved spouse was a good enough parent and you could co-parent with them.

Finally, to Dock, if Cindy Ross is an expert on Parental Alienation, I would be curious to know what professional license or educational background she has that makes her an expert.

Btw, it sounds like sone of the people have some very strong opinions about the divorce system and process in Marin. I hope that you are are striving to help improve the system and are not seeking retaliation or revenge.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 5, 2009 at 8:29 am

To Anonymous

You haven't answer my question. Where do you live?

Anyone whom impatial read a brief summary of this mediator G.W. testimony, one will understand that her license should be revoke.

Please look up the fact. In Marin County, court mediator will make the custody recommendations which will be adopt by the court. The mediator's job mandate by Rules of Court 5.210 and 5.215 to review the court files, the domestic violence history, or ANY of parents (mother and father, she only reviewed the father's pleadings not mother in this case)custody pleadings before issuing the custody recommendation. She had no memory what she glance, perused or read in this case. Do you understand the word, "Due process right"?.

Concerned citizens will NOT accept the law breaking behavior in Marin County Family Court. If judges don't follow the laws, there is no laws.

The minor counsel in this case try to become an expert on allergy issue. I would be curious to know what professional license or educational background he has that makes him an expert.

Allergists wrote multiple allergy treatment recommendations, avoid allergen (dog/cat), get rid of pets and child may develop asthma. What did the father do? He put the dog on the child's lap, this poor child arrived school with allergy attack, took the child out of town for days and weeks without allergy medications, and he can't sit still and focus in the class room because of his histamine attack. This abusive father claimed that this child develops ADHD because he can't sit still and focus in the classroom after the histamine pouring in his system (allergy attack).

One who has brain would understand it's purely medical abused and negligence to this child.

This mediator should be in jail for child endangerment.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 5, 2009 at 9:27 pm

It seems that this entire forum is all about one case. Is that the whole basis of this court audit? Is the Freitas Law Firm part of that case? I'm really confused about all of this.

Posted by Concerned about courts, a resident of the Corte Madera neighborhood, on Aug 6, 2009 at 10:00 am

Dock, as I understand it, the audit is about seeing how Marin and Sacramento court mediators, and other court appointees are selected, trained, paid, and how complaints against them are handled.

Freitas McCarthy is involved in certain problematic Marin cases via Judge Lynn Duryee and Commissioner Beverly Wood, whose respective husbands are partners at Freitas McCarthy; other bench members who have made rulings who have received campaign contributions and assistance from Freitas McCarthy; and Ali Quam, a family law attorney who worked for Freitas McCarthy just before being hired by the court to serve as Family Law facilitator. Ms. Quam represented some of the parents involved in some of the problematic custody cases when she was a Freitas McCarthy attorney, and Judge Lynn Duryee and Commissioner Bev Wood made some of the custody/domestic violence rulings in some of the cases in which Ali Quam was or had been involved as a Freitas McCarthy attorney. Judge Adams also made some of the rulings in some of the more problematic custody cases, and her selected campaign treasurer was Neil Moran, of the Freitas McCarthy law firm. And, as it happens, the same court mediators and/or appointees were involved in various of the problematic cases.

Naturally, parents involved in custody cases involving these complicated financial, personal, and political ties are concerned about these personal/political/financial factors affecting their cases. This is especially so if they lose custody of their children, and believe laws and mandatory court procedures have been ignored in the process.

The overarching question for these and ALL custody cases is whether state laws and procedures have been and are being followed. Hopefully the audit will help address these concerns.

How are Marin and Sacramento mediators and court appointees selected and assigned? How are they paid? Are the mediators and court appointees (evaluators, minor's counsel, therapists,etc.) properly trained? Do they follow state-mandated procedures? How are complaints against mediators and court appointees handled? Is the court continuing to use and appoint mediators and appointees who have a problematic track record of NOT following proper laws and procedures?

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 6, 2009 at 10:10 am

Dear Dock,

If you screen through the entire forum, there are (were) multiple cases complaint with the broken system. Not just one case. State will come in and look the court appointees performance. Did they follow State mandate law proceedings? What on earth, the parent who hit the child, get the child or the parent who has sex with their child, get the child. I hope you get the picture.

We have some people in this post try to speak the loudest and defense judges, court appointed minor counsels and court mediators who fail to follow the laws. It is a Kangaroo court. No laws, no local rules and no precedures. Back up documents and their own testimony speak for itself.

Posted by Anonymous, a resident of another community, on Aug 6, 2009 at 1:54 pm

To Judicial Retaliation,

In the case you describe which sounds like your case, why not request an evaluation and a court hearing rather then just focus on blaming the mediator? You have a chance to tell your perceived side of the story and so does your child's father. The evaluation is just one component of a judges ruling. There are usually two sides to a story. However, it sounds like there is an escalating level of anger against the former spouse in this case. If that is so, that's not a great environment for co-parenting. Every child would want their divorcing parents to be respectful of each other, regarless of the circumstances. I think it takes a tremendous amount of effort and compromise to co-parent your children.

At some point, you must decide to accept that your former spouse is a good enough parent and focus your energy on being a great parent toward your childen.

Lastly, where do I live? If I told you would you promise I wouldn't be threatened or harassed! Sometimes I feel some members of the community that are speaking out against Domestic Violence are also looking to intimidate others if they don't have the same beliefs! In other words, they start sounding like the abuser rather than the abusee.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 6, 2009 at 7:59 pm

Anonymous:

Tell them where you live and they'll treat you just like someone else on this forum. They got her name and personally attacked her. These are dangerous people!!

You hit the nail on the head. Don't you think that a couple of unhappy litigants are not above making personal threats. What do you think their own custody cases look like? Do they believe in joint custody and that dads have the same rights as moms? I bet they don't.

Posted by 4justice, a resident of another community, on Aug 7, 2009 at 5:54 am

"The last few emails just prove my point. Someone has a complaint about a judge in San Bernadino County. Maybe she's correct, maybe not, but who cares? It has nothing whatsover to do with Marin County Superior Court."

It has something to do with cleaning up the courts in California...the 'big picture.'

The 170.1 Motion filed against Judge Katrina West for bias is granted! She is disqualified . She is off this case!

JULY 19th: On July 13th, 2009, the 170.1 MOTION WAS GRANTED!!!!! The motion accusing Judge West of being biased was sent outside of San Bernardino County for a ruling on it, and JUDGE KATRINA WEST WAS DISQUALIFIED FROM THE CASE…and also Richard Tuckerman cannot represent Mahdy Flores in this matter!

ORDER RE: RESPONDENT’S MOTION TO DISQUALIFY: “…having found that a person aware of the facts might reasonably entertain a doubt that Judge West was able to be impartial….., Judge West shall be disqualified.” “The decision on disqualification should not be based on the judge’s personal view of her own impartiality, nor the litigants’ necessarily partisan views.”

The Rancho Cucamonga Court agreed that Dawn did not receive a fair trial in Judge West's courtroom.

Now Dawn's daughter has suffered, Dawn has lost her employment, earnings of approximately 25,000 to date, has to sell her car...because of a biased unethical judge. Judges can't be sued. So Judge Katrina West gets by with just a blemish on her record, which the general public will never hear about this 'blemish,' so she'll continue her corruption...

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 7, 2009 at 9:10 am

4justice

Congratulations on the win. It is very seldom that a 170.1 will be granted, even against the most notoriously problematic and conflicted judges.

What is really scary are judges on a personal mission, with unfettered power. Judges literally know "where litigants live" and have the ability to "hit them where it hurts". Judges on a rampage can and do ruin lives, with a vengeance, unrestrained power, and immunity not enjoyed by any other branch of government.

We all need to do what we can (legally, of course!) to hold the judicial branch accountable for the illegal behavior of certain of their members. It is not about men vs. women, or mothers vs. fathers. It is about making sure judges at all levels consider all the facts, and follow the law.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 7, 2009 at 5:41 pm

This post for Dock and Anonymous,

I know both of you like to go over the incompetent court mediator's testimony. Yes, you are right. We should not only complaint about her malpractice. We should file a criminal charge against her for breaking State Laws and the others were helping to cover up for her.

Attorney: Did you read review all of the custody pleadings in the court files?

Marin Court Mediator (G.W): I don't---I don't know if I review all of them.

Attorney: Have you looked at all the custodys in this case?

Marin Court Mediator: AGain, I don't----I don't know.

Attorney: By the way, when you met with the child, did you ask him about whether his dad is still hitting him?

Marin Court Mediator: I don't recall.

Attorney: So you didn't discuss that with him at all?

Marin Court Mediator: NO.

Attorney: Do you know whether he's been assessed by a doctor and diagnosed one way or the other?

Marin Court Mediator: No, I don't know that.

Attorney: Did you read Exhibit O, doctor (W)?

Marin Court Mediator: I don't recall.

Attorney: Did you read the doctor's report attach as Exhibit O?

Marin Court Mediator: NO, I DID NOT READ THIS.

Attorney: Did you read this Exhibit R?

Marin Court Mediator: I don't recall.

Attorney: Did you talk to his teacher?

Marin Court Mediator: NO, I DID NOT.

Attorney: Did you talk to his doctors?

Marin Court Mediator: NO, I DID NOT.

Attorney: Did you talk to child therapist?

Marin Court Mediator: NO, I DID NOT.

Attorney: Did you ask minor's counsel for release for anything else?

Marin Court Mediator: NO.

Attorney: And, in fact, you really hadn't read the mother's motion for custody, had you?

Marin Court Mediator: NO, I had not.

Attorney: Okay, So that motion, that----recommendation you wrote was specifically and only addressing the father's request for change of custody?

Marin Court Mediator: Yes.

Attorney: Okay, so if, in fact, this was a result of dad-this condition--dad not following the doctor's recommendation, would you consider that a form of abuse?

Marin Court Mediator: I would consider that to be negligence, yes.

Attorney: And you have no doubt that the child is very connected to his mother, do you?

Marin Court Mediator: Sure.

Attorney: And he loves his mother a lot?

Marin Court Mediator: Yes.

This court mediator violated all kind of laws, and any sense of fairness, in make the custody recommendations, and showing up for the trial without having read any of mother's custody pleadings filed in connection to the trial?

Marin court mediators perform their duty without following Laws and local rules. We have a few unhappy people who speak the loudest for Marin Family Court upset that the court mediator's malpractice has been exposed to the public. One toddler ended up in ER covered in blood with the same incompetent mediator (G.W). The father violates the court ordered left and right. Police gets tired of all his violations as the result of placing the child with the abuser.

Posted by Anonymous, a resident of another community, on Aug 7, 2009 at 8:11 pm

To Judicial Retaliation,

You present one piece of evidence only. As most of us who have followed family law cases know, there is almost always other pieces of evidence or discovery that when presented by your former spouses attorney doesn't make you look like a parent of the year. What some very skilled evaluators look for is a smoking gun that will catch your former spouse in a huge lie...more or less like the movie A Few Good Men when Tom

Cruise gets Jack Nicolsen to admit he lied. Unfortunately, that doesn't happen that often because it's no easy task and in many high conflict divorces, it is difficult to ascertain who is telling the truth. That's why the courts favor joint custody or co-parenting because it is not a contest who the better parent is but if the chikd's parents are good enough.

Do you have joint custody in your case and is the problem that you believe you are entitled to sole custody? If so, why can't you just accept the situation and move forward in the best interests of your child?

Anonymous

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 7, 2009 at 9:55 pm

I think that Anonymous is right. Its really easy to post a few little tidbits of your own case then try to make it seem that there's some huge conspiracy involving judges, mediators and attorneys. But we have no idea what really happened in a case and why should any of us trust the people who are posting on this forum rather than the judges who we know are neutral?

My guess is that these people HATE joint custody and just don't like the fact that almost everyone who knows anything believes that it is better for kids.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 8, 2009 at 12:47 pm

By the way, I have a really hard time believing that a toddler ended up in ER covered in blood and that wasn't reported to CPS or to the police. Come on people, this is pretty fishy.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 8, 2009 at 6:22 pm

Finally, someone admits what we've all suspected.

Judicial Retaliation (and isn't that an interesting name?) says, "We have a few unhappy people who speak the loudest for Marin Family Court upset that the court mediator's malpractice has been exposed to the public."

I agree. It's a few unhappy people and they've been making a lot of noise. Maybe they should be focusing on their own cases instead of judges, dads, mediators, and everyone else.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 8, 2009 at 11:16 pm

To Dock and Anonymous,

Both of you can NOT tell the different between right and wrong from Marin Court Mediator's testimony?

If you wish to untie a knot, you must first understand how it was tied.

I amazed the delusional comment by Dock regarding a toddler ended up in ER wasn't report to CPS or to police? Where did you get these info? The same incompetent mediator removed herself from this case. Marin Court Mediator (G.W.) should be in jail after she recommended the father had unsupervised visit. ER doctor contacted CPS. Before you post anything else in the future, please post the truth not your imagination.

Yes, we should be focusing on Judges, mediators, all minor counsels who break the laws and local rules instead of focusing on concerned citizens. Your mind can be at rest because State Audit learn what they should focus on.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 8, 2009 at 11:35 pm

I'm sure that CPS and police pressed charges against the dad of the bloody toddler, right? That's good news. Are you saying that the judge and the mediator ignored CPS and the cops?

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 9, 2009 at 9:56 am

Yes, it can be difficult to discern the truth in family law custody cases, and that is why it is very important that state laws and procedures that have been enacted by the legislature and the Judicial Council for the protection of children be followed by the court and court appointees. Court mediators and appointees are supposed to follow certain procedures in information gathering, and when they do not, their recommendations to the court are not just unprofessional, they can be dangerous. Anonymous, how can mediators or evaluators find a "smoking gun" lie of a parent, if they don't follow normal investigative procedures that would reveal the lies? When court mediators and other appointees do not follow the law and state-mandated procedures, and when the court refuses to follow the law, and puts its stamp of approval on illegal or unprofessional conduct of its mediators and/or appointees, the court is placing Marin's families at grave risk -- not just in one case, but in all cases in which the incompetent court mediators/appointees are appointed.

That is why the audit became necessary, and is important.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 9, 2009 at 11:46 am

But no one has answered my question. Did CPS and police charge this dad with a crime? Did the mediators and the judge ignore the police and CPS? I would find that pretty shocking if it was true.

Posted by questions, a resident of the Mill Valley neighborhood, on Aug 10, 2009 at 2:57 pm

Judicial Retaliation insists on posting limited sections of a court transcript related to her case and she is perfectly aware that her file, being that of paternity, is not available for public viewing and therefore, she can pretty much get away with saying as she pleases. She has posted this transcript numerous times and yet none of them are exactly the same. A few versions add additional information and others omit. Because of theses changes, it is difficult to confirm whether this transcript is an actual portrayal of what really went down.

In her latest posting, she speaks for the police, stating they are tired of the fathers violations of court orders. I find it a bit audacious to speak for the police, but be that as it may, if it were true that the father was continuing to disregard/break court orders, the mother would have the option of filing a contempt motion. Presuming she is telling the entire truth, she would have ample evidence in the form of police reports to bring a contempt motion.

People, we are only being provided one (questionable) side of the story. We do not know the claims of the other parent. We do not know any facts in the case to be honest.

I need the proof, of which there is none. Where is the actual proof of injustice and corruption? I haven’t seen it yet.

Posted by Judicial Retaliation, a resident of the San Rafael neighborhood, on Aug 10, 2009 at 7:18 pm

To questions

You can't even post the truth where you live nor your office location? The truth is you are not in Mill Valley.

If you know this case really well, you should know Marin Court Mediator "G.W." testimony transcripts are the public records at the court house. Go ahead and read it. Make copy if you like.

Your delusional post, "In her lastest posting, she speaks for the police, stating they are tired of the fathers violation of court orders". When did I post these statement in Pacific Sun?

Marin court mediator and Judges routinely ignore CPS reports and police reports. Yes, concerned citizens found this pretty shocking but it's true. All you have to do, just sit and watch these cases in family court. Video tape record judicial retaliation must apply. You and a few speak the loudest for the corrupt court employees, shooting and attack the messenger and denied the laws breaking behavior by these court employees malpractice. You have seen the actual proof of injustice and corruption in this case so don't denied.

Now the earth was corrupt in God's sight and was full of violence. God saw how corrupt the earth had become, for all the people on earth had corrupted their ways. The fool walks in the darkness.

Posted by Courts Run Amok, a resident of the San Rafael neighborhood, on Aug 10, 2009 at 7:19 pm

The unedited --and very troubling--transcripts of the trial testimony of Marin family court personnel in Judicial Retaliation's case were provided to many, many lawyers, as well as law enforcement and others.

Many believe that that this will be the case that takes down the courts.

Posted by Anonymous, a resident of another community, on Aug 11, 2009 at 5:15 am

@courtwatch - Do you really feel that your non-credentialed interpretation of a written set of procedures would produce the desired recommendation in your case? My personal opinion is that a good evaluator would base his or her opinion on all the data, especially the clinical observations. Those observations are important in finding the smoking gun. But how many times do you think a person is lying to you and it is impossible to get them to admit they lied. You can't expect these evaluators or mediators to be miracle workers. Besides, in family court custody agreements are never permanent and you can always return to court for another evaluation. Also, what's so wrong with joint custody. Why not just accept joint custody and move forward rather than spend so much energy on attacking one aspect of a very complex process!

@courts run amok - very troubling, many believe...these types of minimally supported generalizations could be a contributing factor to an evaluator's clinical observations for your credibility and ability during the strenuous times of a divorce to look after the best interests if your children.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 11, 2009 at 1:00 pm

There was a claim that a bloody toddler was brought into the ER and that the judges and mediators ignored this.

I asked if CPS or the police were contacted, and if so what did they do? Did they charge the dad with a crime?

As expected, we get a lot of vague responses about how horrible the courts, mediators, and fathers are, but nothing else.

My guess is that the whole bloody toddler thing was made up.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 11, 2009 at 9:10 pm

Anonymous, you said:

"My personal opinion is that a good evaluator would base his or her opinion on all the data, especially the clinical observations"

Here is a hypothetical for you. Assume the following facts:

1. Assigned recommending court mediators (whose job it is to make a custody recommendation to the judge), are required by law to gather balanced information from both parents, and review the court custody files pursuant to CA Rules of Court 5.210 and 5.215.

2. In a case to which Mediator X is assigned, Mediator X makes a custody recommendation after reading ALL of mom's custody pleadings and declarations, but NONE of dad's custody pleadings and declarations, filed over a three-year period. Mediator X says she just didn't have time to read dad's pleadings.

Did the mediator comply with CA Rules of Court 5.210 and 5.215?

This is an open discussion, anyone can join in. Based on these hypothetical facts, who thinks the mediator followed the law?

Posted by Anonymous, a resident of another community, on Aug 12, 2009 at 7:03 am

Courtwatch,

Your question is too simple. The real question is:

Q. Why would it take a former beloved Marin couple 3 years of pleadings and declarations costing thousands in legal fees to agee on custody of their child(ren)?

A) Anger, revenge, unresolved issues over their failed marriage?

B) Power and control by one or both parties.

C) It's all about the money.

D) They forgot to look after the best interests of their child.

E) They wanted the Marin Courts / Mediator X to make the decision for them.

F) All or some of the above,

It sounds like you are not satisfied with your current custody arrangenent. It seems your future energies and resources might be better directed at getting a new evaluation rather than placing blame on the Marin Courts and Mediator X.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 12, 2009 at 7:49 am

Anonymous, you have a lot of opinions about custody evaluations and what mental health professionals are supposed to do. You and a number of others are attacking people writing on this forum reporting the failure of the courts and court employees/appointees to follow the law, and state-mandated custody procedures. And, after all, that is what the audit is about, right?

Interestingly, you and I absolutely agree that mental health professionals who evaluate custody disputes and make recommendations to the court should base their opinions on ALL the data.

That is why I would like to engage in this discussion with you, to give you some understanding about our Marin family court processes.

So please be so kind as to take a moment to answer the two questions I have posed.They are quite simple. They are not trick questions. In fact, they are yes or no questions.

After anyone at all answers those two questions, I will pose another related hypothetical.

Posted by Mother of Bloody Toddler, a resident of another community, on Aug 12, 2009 at 8:52 am

Dear Doc-

My email was flooded this morning with people who know my case well and have witnessed my toddler returned to me from visits with father covered with injuries.

I am responding because they wrote to me-

CPS did intervene and testified on the stand to the Marin Family Law Court and recommended that the “toddler” not be returned to father unsupervised until old enough to speak clearly about what is happening during visitation.

The Court Ignored CPS

Emergency room medical specialist testified on the stand to the Marin Family Law Court and identified the time that the injuries were made and the likely instrument used to make the injuries and recommended that the “toddler” not be returned to father unsupervised at all.

The Court Ignored Medical Specialists.

Therapist Ignored

Doctors Ignored

CPS Ignored

Child Begging To Be Rescued Ignored

Photo’s of a Bloody & Bruised Baby Ignored

Does that answer your question Doc!

Posted by to_courtwatch, a resident of the Fairfax neighborhood, on Aug 12, 2009 at 9:54 am

courtwatch:

Was Mediator X the same mediator assigned to evaluate the same case on previous occasions? Or was this the first time Mediator X was assigned to this case?

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 12, 2009 at 11:56 am

I find Mother of Bloody Toddler's posting completely unbelievable.

Posted by to Dock, a resident of the Fairfax neighborhood, on Aug 12, 2009 at 12:34 pm

Dock :

I agree. There must be something more to it.

I think, though I'm not certain, CPS can have criminal charges brought against a neglectful/abusive parent. If this is the case, they would not have needed to testify in family court, right?

Also, what exactly is an ER medical specialist? Is that a doctor? A nurse? I think, although again I'm not certain, if a physician or nurse found a child to be neglected/abused by a parent, they are required to call in the police? The police/DA in turn would follow with criminal charges, right?

And finally, what injuries did the toddler have exactly? Did the child fall down the stairs? Did the child trip going up the stairs? Knock out teeth? Fall off a bike? A trampoline? That could happen in the presence of even good parents. That doesn't mean a parent can't be furious with the other for a child being injured in their care. Of course they will be angry. Especially if they already hate the other parent.

Or, was the child beaten with a belt? Or a hanger? Or burned or something equally horrific? In which case, I think the police or DA would follow through with criminal charges, right?

There must be more - this can not be all the facts or versions of the incident. I want to know what the other side claimed....

Posted by Concern Citizen, a resident of the Terra Linda neighborhood, on Aug 12, 2009 at 12:34 pm

To Dock

Do you have any children? Please provide us with your contact information. Next hearing you can join us. This toddler place in the long term trauma treatmen. Try to be a part of solution not part of the corruption system. How much did you get pay to speak the loudest for Marin Family Court Corruption?

I thought you might say, "I find Marin Family Judge completely unbelievable".

Yes, I find completely unbelievable that Marin Family Judge ordered the toddler return unsupervised visit to the abusive father. Yes, it was the same mediator who testified that, "I don't know, I don't recall, No, most of them didn't look familiar to me, As I testified previously, NO, I did not review it thoroughly...........".

Attorney: Did you try to find out if there were any Child Protective Services report made since.........?

Marin Court Mediator (G.W.): NO.

He who heeds discipline shows the way to life, but whoever ignores correction leads other astray.

He who conceals his hatred has lying lips, and whoever spreads slander is a fool.

The tongue of the righteous is choice silver, but the heart of the wicked is of little value.

The lips of the righteous nourish many, but fools died for lack of judgement.

A fool finds pleasure in evil conduct, but a man of understanding delights in wisdom.

Posted by Bible, a resident of another community, on Aug 12, 2009 at 12:54 pm

If you are wise, your wisdom will reward you;

If you are a mocker, you alone will suffer.

The woman Folly is loud; she is undisciplined and without knowledge.

She sits at the door of her house, on a seat at the highest point of the city, calling out to those whoh pass by, who go straight on their way.

Let all who are simple come in here.

She says to those who lack judgment.

Stolen water is sweet; food eaten in secret is delicious.

But little do they know that the dead are there, that her guests are in the depths of the grave.

The mouth of the righteous is a fountain of life,

but violence overwhelms the mouth of the wicked.

Wise men store up knowledge, but the mouth of a fool invites ruin.

The wages of righteous bring them life,

but the income of the wicked brings them punishment.

Posted by Mother of Bloody Baby, a resident of another community, on Aug 12, 2009 at 5:58 pm

Dear Doc-

And the rest of the people who have spent no time reviewing the evidence, etc of our case.

First of all- my child and I are real people and having the horrific details of the absolute tragedy that has been happening to us hashed out by complete strangers in a chat room is very upsetting to me.

I am not sure Dock how it is that you came to have some urban legendary style version of our case- Please know that while this is all just a story to unbelievable to be true for you- for us it is a reality- and a very heartbreaking one-

I love my child- The injustice- The inability to protect- Repeatedly seeing injuries- Being put through it year after year- And now hearing my child tell me in detail about the abuse- Calling me on the phone crying begging me to call the police to save……Well it’s unbearable!

Look at how you all are putting me and my child on trail in this chat room.

Fact- people would rather believe me and my child are lying then believe that the father is abusive and the court system is corrupt!

I am not going to answer to all of your skepticism- I have yet another court appearance to prepare for this month. And I don’t get paid to fight to protect my child!

I will say this- CPS obtained temporary restraining orders to protect the child until the courts could do a “full investigation” Court & Mediators trump CPS. CPS came to testify on behalf of the child. The Court Ignored and Ruled Exactly Opposite to CPS Recommendation!

The Medical Specialist at that particular hearing(there continue to be more and more in out case) was an ER Trauma Nurse who was brought in at the time the child was in the ER because of the severity of the bloody injuries and the uncountable number of bruises. The nature of the bloody injuries in the opinion of the medical community were not from a fall- Of coarse the father said all the injuries were from a single fall.

The injuries, medical conditions, therapeutic diagnosis, and declarations from my child keep on-

The court ignores it all and says my child is a liar!

I never wanted this to happen to us- to our family- and before it did I had no idea how the system operates- I actually thought that the courts would protect us and that eventually the volatility of my ex-husband would dissipate-

That has not happened yet- But it’s nice to let yourself believe maybe one day the injuries will stop- there will be some change in my child’s father – the courts will change-

With out hope- How will we ever survive!

So Please- while you callously throw around allegations, and suspicions about me and my child- remember we are real people not the master manipulative liars you would rather believe because the truth is- There is a whole lot of corruption going on in this system- And if the Judge or the DA or the Mediator had to rock my child who cries for hours on end upon return from a visit “I want my mommy” over and over- or ice all the finger mark welts from being grabbed so hard it welts and bruises- or apply Neosporin on cuts, scratches, and what appears to be cigarette burns but every dermatologist I have seen doesn’t want to get involved-

Well- then maybe the truth of how ugly what they are doing to my child is would sink in-

Dock- Me and my child are real people- We are telling the truth- And we have no reason to lie!

Posted by Mother of Bloody Baby, a resident of another community, on Aug 12, 2009 at 6:19 pm

P.S. The kitchen table legal advice here has got to stop!

With out a crediable eye witness the Police, DA, & CPS are some what powerless in the long term rulings.

Abuse rarely happens in the middle of town squar when the Pope is visiting.

Also- keep in mind we are dealing with a system that is not following the rules or laws and has a rep for it even in the legal professionals community- "The laws says- except if your in Marin" is a joke I have heard cracked by attorneys having lunch in the court cafeteira! More then once I have heard that joke being told- imagine how you feel as a litigant trying to protect your baby from life threatning abuse hearing the lawyers talking like that! It's no laughing matter what is happening to my child- Perhaps you all would like to come help out with the first aid kit next time!

Honestly- You people!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 12, 2009 at 7:57 pm

Mother of Bloody Baby:

I'm so sorry if I offended you, but your story simply is not credible. That's my humble opinion. I really doubt that any judge who was faced with a bloody baby and a CPS report would ignore it. In fact, in my limited experience, when CPS gets involved, they just take the kids away from the abusive parent. They don't even bother with the court. That's what happened to me.

And to Bible: Yes I have children and you know what? I really don't like being lectured to by Bible beaters. I've heard that stuff all my life and I'm happy to live in Marin where I don't have to anymore.

Posted by Mother of Bloody Baby, a resident of another community, on Aug 12, 2009 at 10:00 pm

Dear Dock-

Thank you-

The problem is there is so much flying around- And- Yes- My case raises hairs-

The court staff gasps- and- actually says things like “ This is really bad” when listening to testimony. The court reporter is always just typing what people say and does not break out into comments- but in my case she asks for breaks and blurts.

My case is so outlandish that some part of me was not shocked to hear that it was becoming urban legend! I try to keep it private because we live here. We participate in a lot of child and community events and the phrase “Bloody Baby” well is not one we want to live with.

People who know me and my child see what an amazing child and bond we are/have.

Just remember when reviewing all the info out here these are real families and people and we are affected by all the redirect.

So- Thank you again- for your follow up- it means loads to me. I want our lives to be healed. I want my child to have a supportive relationship with the entire family- War is not healthy for country or family.

More needs to happen to heal. Political agendas aside-

Thank you again- We really want to be healthy and to free- being a part of a movement or agenda etc- Well- it never entered our conscience. However- here we are.

I don’t know why this is the way it is- I often find my self shaking my fist at GOD pleading for help- HEAL OR FAMILY HEAL OUR COMMUNITY PROTECT PLEASE GUIDENCE NOW!

My Child has been described as amazingly resilient- therapist after therapist who acknowledge that “Hitting” is happening while in fathers care-

My child struggles with love and fear of father- I am trying to get to a place that is safe for child and father!

Please support education- therapy with out social judgment- and co- parenting with the understanding that all the parties had the American Dream dashed on the rocks- we are hurting- support us to make good choices and give guidance about being good co-parents!

My child called me tonight begging to come home and tears in voice- I wish so very much that the call was about how much fun was being had- I wished I could make it all better- but all I could do is say take a deep breath and I love you!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 12, 2009 at 10:34 pm

I'm sorry, but maybe you didn't understand what I was saying. I simply do not believe your story. I am sure that you love your child, just like most parents. But, your version of this case is so incredible I sincerely doubt that the judges in Marin County just missed it.

But I admit, you sound very sincere, so maybe I am wrong. If so, why do you think that the judge just ignores CPS, the police, photos of a bloody child? Could you please explain that to me? Maybe I'm just naive. Is your ex husband rich? Do you think he bribed a judge or mediator?

Posted by Mother of Bloody Baby, a resident of another community, on Aug 13, 2009 at 12:14 am

I know- I can't believe it my self at times- I quetsion everything-

It's late I was reviewing old decs- this will be my last response- it's not good for me to be consently defending us. = I understand you all have questions but I have answered a million times and new abuse is happening and I need to focus on how to answer those questions.

Just the same- It's hard for everyone in our case to accept the courts response! Many who work in the court are very upset about our case. There is an audit for a reason people! All are welcome to set in but the court will shut the public out and then they really have no oversight and go really rough!

Honestly I think that if they admit that a mistake has been made the history of this case will lead to a lot more! One lost child to abuse is not a concern to covering the huge corruption and chain of it- sad to say but my child might be considered collateral damage!

Just so you all know- my child has a huge support network of therapist, doctors, friends, and community- I have been very successful in getting services and support- The thing is that no human being can be put through abuse after abuse and be healed-At some point for true healing the abuse has to end and the healing efforts continue and eventually a normal abuse free life gives way to a whole human being!

I am aware- that is why I really wish the court had a PRO CO PARENTING PROGRAM that was on going- Individual therapy for each family member and group to get past the hostility and on to the idea that we are a family moving forward. I think a lot could be healed like that. With out side oversight of course!

PS. I didn’t leave out anything fact of the matter is Police, Doctors, CPS did what they could do to protect- and the child still has genital injuries, physical injuries, medical injuries, emotional injuries, psychological injuries reported by the best of the best- Comm. Wood says they are all wrong! Welcome to Marin! Our case takes the cake as they say- if you are truly interested contact the CJE and other oversights they are paying attention to our case and will likely give court dates etc.

The facts are our case is of interest to those concerned about the court system- however there concern and oversight does not at all effect what we are going threw. They watch but the show appears to be the same. The injuries, etc, no change just the audiences!

Mother of Beloved Child- 22 hours of labor- 9 ½ months pregnancy & 2.5 years of breast feeding- Do I love my child? ABSOLUTLY! Countless hours of giggles!

Also countless hours of first aid- cuddles during tears- and court-

There has to be a better USA TODAY!

I never have a doubt that I am a good mommy when spending time with my child- My child has the only opinion that matters! No matter what you all Monday Night Quarter Back.

Posted by Anonymous, a resident of another community, on Aug 13, 2009 at 2:21 am

To Mother,

If you have an active case before any court, it's rarely a good idea to post any details about your case in a public forum. I would suggest you consult with your attorney about this. Also, some day your child will grow old enough to use the Internet and if you post specific details, you might not want them reading the information you posted. You might want to consult with your attorney and therapist about this. I doubt most children wouldn't want their personal story broadcasted like this. For example, don't you feel sorry for Michael Jackson's child who will grow older and eventually see her or him being held over a balcony.

Finally, it sounds like you are in the group of parents that believes their former spouse is not capable of caring for their infant or toddler age child. In situations like this I always wonder the following:

1) When you were married, did you ever trust your former spouse to care for your child by themselves?

2) When your former spouse has custody of your child, does he or she have any extended family members or a new boyfriend or girlfiend that help them?

3) If your former spouse was remarried, would you trust his new wife to parent your child or would you feel the same way you do now?

4) On the day you married your former spouse or the day your child was born, did you believe your former spouse would be incapable of being left alone with your child and always need supervised visitation?

5) If you died, would you rather have your child in foster care or with your former spouse?

I hope you understand the point I am making. I apologize if some of these questions may appear insensitive to your current situation but it my experience that most custodial embattled parents rarely believe that despite an acrimonious divorce, their separate lives will move forward and co-parenting and joint custody will work.

(@courtwatch, were your hypothetical questions just like mine?)

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 13, 2009 at 7:58 am

Anonymous, you spend an awful lot of time defending the court, and trying to give advice to parents, and being a therapist-wanna be, and second guessing parents reporting family court horror stories.

Dock demanded details about the little injured toddler, and was ridiculing the story. Someone told the mother, and she confirmed the story.

Lots of parents can confirm stories about the Marin Court.

You clearly cannot stand to hear these stories, which is really interesting.

In any event, instead of trying to be an armchair shrink, how about if you look up up the law (CA Rules of Court 5.210 and 5.215) and respond to that little hypothetical (two simple questions) I posed? It's a lot easier to attack reporters of abuse and illegal behavior of our courts, than to deal with facts and law, right? Well guess what, that is what certain members of our courts are doing, too.

Posted by to courtwatch, a resident of the Fairfax neighborhood, on Aug 13, 2009 at 9:35 am

courtwatch:

I want to answer your questions, but I need an answer:

Was Mediator X the same mediator assigned to evaluate the same case on previous occasions? Or was this the first time Mediator X was assigned to this case?

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 1:53 pm

I'm sorry, I still don't believe that Mother's story is true. I simply cannot imagine that Commissioner Wood would ignore CPS. I also don't believe that CPS would not press charges. I've seen CPS takes kids away from parents for a lot less than what Mother has described.

Posted by Anonymous, a resident of another community, on Aug 13, 2009 at 7:05 pm

Dock,

It sounds like the Judge or Mediator didn't believe the mother's story either. There must be other significant issues the mother is not sharing with her supporters.

Anonymous

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 7:47 pm

Dear Court Watch-

I do not want this diatribe to continue- However, I do appreciate your supportive comments!

Our case has had two mediators. After the incident that you all are discussing there was a switch from the first to the second. Also please note that the presiding does not always adopt the mediators recommendation.

Comm. Wood did not preside over those hearings- She presides over all since!

I responded solely because I received emails from concerned people about posts from Dock! Dock has made his/her position clear and was gracious about the effect of comments made!

I do not want this discussion about our case to continue nor do I really want to respond.

I will never be able to share in this forum all the details- nor should I be called to!

Many- very clearly- have there minds made up!

Please stop accusing us of lying!

Simply put- You all are putting us on trial in a chat room!

For those who are truly concerned- I ask simply this-

Pray for safety & healing for my child and our family!

Mother of Beloved Child!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 8:27 pm

Dear Mother of Beloved Child:

No one is forcing you to post on this forum. That's your choice. But you have made very serious allegations against decent people, judges, commissioners and mediators, and I think that you are either lying, or more likely, you really believe this stuff.

I'm sorry, but I think that no judge in Marin County, or anywhere else for that matter, would give custody to a parent who caused a child to end up in the ER, covered in blood.

This is just completely loony. If you don't want to post here, don't. But I'm going to continue to raise questions about your version of the facts. Sorry, but you started this.

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 8:54 pm

Dear Dock-

Commissioner Goldfine told me that I am not allowed to take photos of my child’s injuries!

Commissioner Wood told both me and father that we are not allowed to contact CPS!

Why would they do that?

I think they both had reasons that fare exceed my understanding! Maybe good intentioned even!

The court system and laws are so complex- Agendas, motivations, outcomes, are baffling!

So- some oversight is being called for- how can that be wrong!

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 9:05 pm

Dear Dock

YOU STARTED THIS- I responded because I was shocked and called to do so!

And I guess the whole water boarding scandal is a myth to you as well!

Do you really want to know about our case?

Would you like to participate in a forum that gives you access to the full case files?=

Allegations and declarations, and evidence and recommendations, and orders from all parties involved?

What is it you are after here?

Why are you so invested?

Why are you so skeptical?

Why are you so antagonistic?

I was shocked and unaware about the article and the chat room until I was made aware by other people!

What up sets you about your limited knowledge of our case so deeply?

I imagine that many are reading this and perhaps for the purpose of consoling a concerned community there should be a meeting!

Mother of Beloved Child

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 9:12 pm

Sure, I'd love to participate in a forum where, as you put it, I would have access to the files. That would be great. When is it? I eagerly await the invitation.

I really want to see where Commissioner Goldfine told you not to photograph your child and Commissioner Wood told you that you CAN'T contact CPS.

This is getting crazier and crazier and it really isn't credible.

Posted by to dock, a resident of the Fairfax neighborhood, on Aug 13, 2009 at 9:16 pm

Actually - she didn't start this - Courtwatch and Judicial Retaliation chose to drag her case into this. I don't know if Mother of Bloody Child's story is completely accurate or not, and I don't really care. She apparently doesn’t want her case scrutinized any longer, and I don’t need that case to make my point anyway. I’ll respect her wishes hereinafter, lets see if the same can be said about the other two….

It appears Courtwatch and Judicial Retaliation need to exploit other cases in an attempt to enforce their credibility because they know the details of their own don't hold weight.

The CJE was an organization probably developed for the right reasons, but unfortunately by some of the wrong people. The reason some organizations strive and its members earn the respect of their peers and others don't are contributed directly to those driving the car. If anyone who feels their case is one wherein mistakes where made, intentionally or negligently, they should be weary of and not associate themselves with the CJE who has ruined their reputation by backing and supporting any and all cases they knew or suspected to be a little bit “off”, but succumbed because one or two members lost sight of the interest of people they sought to protect.

As posted on another site, Courtwatch and Judicial Retaliation present only evidence they find to be relevant and which serves their purpose: not the truth, not the whole truth and certainly not nothing but the truth.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 13, 2009 at 9:26 pm

Say Dock

It's fascinating that you are attacking clearly distraught parents, concerned about abuse of their children, although you have absolutely no personal knowledge of their cases.

But you won't answer my harmless little hypothetical, which might test your good faith on this website.

Here it is again.

Assume the following facts (and to the person who keeps asking for more facts--this is a hypothetical, like a simple word problem on a test. These are the only facts for this simple word problem. Get it?)

1. Assigned recommending court mediators (whose job it is to make a custody recommendation to the judge), are required by law to gather balanced information from both parents, and review the court custody files pursuant to CA Rules of Court 5.210 and 5.215.

2. In a case to which Mediator X is assigned, Mediator X makes a custody recommendation after reading ALL of mom's custody pleadings and declarations, but NONE of dad's custody pleadings and declarations, filed over a three-year period. Mediator X says she just didn't have time to read dad's pleadings.

Did the mediator comply with CA Rules of Court 5.210 and 5.215?

Dock, if you cannot answer this simple question, perhaps it's time for your ship to sail.

Posted by to courtwatch, a resident of the Fairfax neighborhood, on Aug 13, 2009 at 9:31 pm

Say Barbara ~ You and your smug little responses are indicative of the fact that you like to present only evidence you find to be relevant and which serves your purpose; inconveniently parallel to your efforts to crucify a mediator for allegedly using the same type of selective thinking and processes. Hypocrite.

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 9:43 pm

Wow- People- This is getting to be really over heated!

This isn’t even about the article any longer!

And you are correct- I can’t take all this!

Honestly what is being accomplished here!

Dock- Spend some time in the family law court room!

If they let you in! What happens behind closed doors- Only the litigants know!

PS- Enough!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 9:46 pm

I don't know whether or not the mediator complied with CA Rules of Court. I'm not even sure I know what you're talking about.

I just think that the mother of the bloody toddler is not telling the truth. Her posts don't make any sense to me. I simply cannot imagine that any judge would ingore CPS if CpS believed that the parent was committing child abuse.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 9:51 pm

Someone said that there is another site where courtwatch and judicial retaliation are also posting. Where is that site? I thought this was the only one with this stuff on it.

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 9:53 pm

They called it neglect due to a lack of evidence which means there was no witness- just an injured child to young to speak! Now when child speaks they say child is lying!

Enough

Enough

Enough

I am getting ready to contact Pac Sun- Enough!

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 9:54 pm

Because we are in the Marin County Family Law System that gives you all freedom to slander our family!

Enough

Posted by to dock, a resident of the Bahia neighborhood, on Aug 13, 2009 at 9:59 pm

Web Link

Web Link

Posted by to Mother of Beloved Child, a resident of the Bahia neighborhood, on Aug 13, 2009 at 10:00 pm

Courtwatch and Judicial Retaliation exploited your case. Don't come back to this stuff - you're getting sucked in just as they wanted.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 13, 2009 at 10:32 pm

To Mother of Beloved Child: It appears to me that you want to cut off any criticism. You say that you are going to contact Pacific Sun, but for what? To stop me from posting because I question you?

There is something really scary going on here.

Posted by Mother of Beloved Child, a resident of another community, on Aug 13, 2009 at 10:53 pm

Ok thanks for the FYI legal eagles-

I have been very cautious when approached about my case. I go to the bathroom in the court house and I am approached by watch group members who witness me drying tears!

I am surrounded- and I have come to learn that so many have agendas!

Some how Dock got some info in a vary sensational format- I was concerned because of the outcry in my email- I am talking organized parties to play date friends.

I have a hearing coming this month- The doctor’s and therapist are screaming about my child is being “corporal punished” etc… Things are getting hot because my child is crying out very clearly and manipulation is ramped!

Enough people- seriously! I did not publish and start all this- You all were talking and I was made aware- And simply really have been shocked and uncertain how to respond or if I should or shouldn’t.

I am up to my limit with you all- enough

You have no right to rake us over the coals like this here!

Our family is struggling and you have yet to write a word about support, services, resolution, intervention, etc- This is all argument for the sake of argument.

There very clearly is a problem- Exploring it and seeking reform is important but dragging litigants throw tabloid mud is not the answer!

Just for a moment suppose there is a problem in our family- Does anyone here have anything to offer in support instead of……

Also- FYI Daniel and Samantha were part of our day care- My child and Samantha played together- So don’t preach to me about how well the system is protecting. We had to attend a funeral service because the system failed to keep mother and child safe and then blamed it on the deceased mother in the paper. The attorney and DA says DV victims are to blame for there own murders.

Enough- People Enough- neither me nor my child are to blame- nor was Daniel one of the most sparkling people you would ever have the pleasure to meet. And Sammy- adorable and very affectionate and playful.

Dock- what do you know about that case? Or do you want to just keep attacking me and my child! Did you even know that my ex-husband- father of our child was arrested for battering me. No I am guessing not!

I don’t owe any of you an explanation and if I was a movie star you could probably be sued for all your allegations here!

Abused Women & Children are easy targets right!

Posted by Anonymous, a resident of another community, on Aug 14, 2009 at 7:05 am

Dock,

As you suggest, as the facts of this mother's story are disclosed, I would wonder:

1) How many pictures the mother took of the child's injuries for that issue to be raised in the court? It is heartbreaking for me to think of a young child getting a mosquito bite and immediately getting the mom's camera so she could take a picture.

2) How many CPS have been filed by actual licensed medical professionals such as the family doctor who files reports based on direct observation and those filed by the others such as domestic violence workers, the mother's therapist or those that are filing reports based on the mother's statements.

As I've stated before, I think this mom should check with her attorney before posting information about her case on the Internet. I also think that she should re-evaluate the goups or individuals she is getting advice from. If I were the dad, this mothers posts would become discovery in her case. They should be telling her that.

As an observer too, I would question the mother's ability to co-parent and refrain from parental alienation. I would also be concerned that this mother might perceive that the Marin Courts and CPS are not capable of protecting her child and that only she and her supporters know what is best. Those are huge red flags.

In these cases, I don't understand why the mom just doesn't agree take her joint custody and go forward with her life. It appears that the child has been residing at both residences and that the mom is not willing to accept this. As I've said before, she married and had a child with her once beloved former spouse and now it appears she wants the power and control to sentence him with supervised visitation with their child for the rest of his life. That saddens me...

Posted by Court Run Amok, a resident of the San Rafael neighborhood, on Aug 14, 2009 at 7:54 am

And this is how it's done. Parents report, and, like dock and anonymous are doing right now, the reporting party is blamed, and discredited, and disbelieved, and must endure terrible mental abuse--and the children are the victims.

Mother of Beloved Child, perhaps you should stop posting. These two (dock and anonymous--and the other names they are posting under) are on a mission to discredit and attack and ridicule such things as severe child abuse--they are bullies.

I understand there was a protest yesterday at the Marin court, where parents were gathered to express their concern about what is going on in the family court. I further understand that Marin County presiding Judge Verna Adams drove by (whe was a passenger in a car), and laughed at these distraught and/or concerned parents.

Corruption, oppression, and cruelty start at the top, and trickle down.

Posted by Mother of Beloved Child, a resident of another community, on Aug 14, 2009 at 9:31 am

Well Dock I Guess You Know It All-

You Have Me, My Child, My Childs Father, All the Pro's & Courts Completely Figured

And- You Didn't Even Have To Have Trial-

And- You are out spreading sensationalized GOSSIP about me and my family!

And- You seem to feel entitled to do so- Why? You are just being mean to be mean.

I will simply ask you all again to show some compassion and respect and stop!

And- Yes this is how they do it- (Court Run Amok)

Mother of Beloved Child

Posted by Ecclesiastes, a resident of another community, on Aug 14, 2009 at 11:31 am

If you sense an argument coming on, "don't walk right into it". At times, even Jesus refused to answer questions.

Think for the benefit that these people getting. It's hard to explain your faith to people who don't respect the Bible.

A time to be silent and a time to speak,

A time for war and a time for peace.

In the place of judgment--wickedness was there,

in the place of justice--wickedness was there.

I thought in my heart,

God will bring to judgment both the righteous and the wicked, for there will be a time for activity, a time for every deed.

God tests them so that they may see that they are like the animals. Their posts are meaningless, friendlessness and miserable business.

When the sentence for a crime is not quickly carried out, the hearts of the people are filled with schemes to do wrong. Although a wicked man commits a hundred crimes and still live a long time. The wicked do not fear God, it will not go well with them, and their days will not lengthen like a shadow.

Be prepared and plan you response for State Audit.

God Bless Court Run Amok and Mother beloved child!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 14, 2009 at 12:11 pm

Sorry folks, but if you are going to spew out all sorts of unsubstantiated statements, you're going to be subjected to scrutiny from many of us. Call me a bully if you want, but you people are smearing judges without any evidence. Come out of the woodwork and prove it to me if you want me to shut up.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 14, 2009 at 7:29 pm

To Mother of Beloved Child: One thing I forgot. You keep talking about "Danny" and "Sammy" and I believe that you are referring to the horrendous murder in Novato.

I think that it is sickening that you are trying to use that tragedy to promote your agenda. This is particularly disgusting because the same Commissioner Wood you keep attacking was the one who issued the restraining order against Mitchell. Surely you are not claiming that Commissioner Wood did something wrong? Shame on you

Posted by Mark, a resident of the Fairfax neighborhood, on Aug 14, 2009 at 9:36 pm

Watching you beat up on the mothers on this website makes me wonder what you do in the privacy of your own home.

Perhaps that is why you are so angry at these stories. A little too close to home, Dick?

Just a guess.

Posted by Mark, a resident of the Fairfax neighborhood, on Aug 14, 2009 at 10:16 pm

GMC appears to be posting at exactly the same time as Dick. Check out the other websites. They both happened to post a little over 2 hours, and 9 hours ago.

While he is posing as a lawyer in the other website, he is posing as someone who doesn't know the law on this one.

Dick clearly enjoys beating up on women, and I'm pretty sure he represents a few dads who beat up on their women and kids.

Right Dick?

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 1:18 am

O my God- Dock-

Commissioner Wood is not to blame for Daniel’s Murder-

Are you out of your mind!

Stop blaming individuals!

Mother of Beloved Child.

Posted by Mother of beloved child, a resident of another community, on Aug 15, 2009 at 1:28 am

Dear Dock/Anonymous-

I am not trying to “smear judges/commissioners= I think the job is so very difficult. And- it’s a bit like being elected President- Capitol Hill is a tough town and very complex.

The rules, the laws, the agendas, the atmosphere is treacherous. The job of the courts is not a walk in the park.

I should have never responded- Mostly because it seems to only fuel the fodder!

Please know this- There is a problem with the system- Attention, resolution, and intervention are needed ASAP: Because, children and families are suffering!

Proverb- If you are looking for who to blame you are asking the wrong question- how did this happen and how can it be prevented- those are the right questions.

Thank you Ecclesiastes!

God Bless!

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 1:42 am

Dock/Anonymous

You have got to be the most embittered people I have ever run across!

Honestly go get a life- Stop attacking people you don’t even know-

Freedom of speech has given way to personal attack on foundationless claims here.

And that is truly disgusting!

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 1:56 am

I am saying a mother was murdered and it was not her fault- STOP BLAMING VICTIMS!

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 2:19 am

I am also saying that a baby (my baby) was in the ER covered in injuries some that were bloody upon return from a visit with father and was returned to visits with Father despite CPS and Medical Professionals recommendation not to be returned to Fathers care unsupervised or at all- by order of the Marin County Family Courts- That is a matter of fact no matter what else might be said! That was your question Dock and I responded. It is a matter of public record- It is a matter of community concern. And it is none of your dame business!

Mother of Beloved Child.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 15, 2009 at 10:56 am

I'm sorry if I offended you folks, but when you post anonymous attacks on court officials who I believe are decent hard working people doing very difficult work, you are going to get a response you might not like.

Judge, mediators, attorneys and even parents in these cases can't comment on the facts, which might be very different from the stuff posted here.

Does anyone believe that there is only one side to these stories?

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 15, 2009 at 11:12 am

Mother of Beloved Child:

Don't engage with "Dock". He has a very real agenda, as it is a case he is personally involved that will likely take down the Marin County Court-- and perhaps other courts as well.

"Dock" is a San Rafael attorney (apparently posting as "GMC" as well) who represents an allegedly abusive father who was awarded

sole physical and legal custody of his child, after the family court recommending mediator issued a recommendation favorable to the father, and Marin Presiding Judge Verna Adams adopted the recommendation. Cross examination of the mediator revealed she neither knew nor followed virtually any state laws and state-mandated custody mediation procedures, which require court mediators to read the custody files, and gather balanced information from and for BOTH parents, and investigate the domestic violence history in the case (CA Rule of Court section 5.210 and 5.215). This mediator testified that she had not read ANY of the mother's custody pleadings filed over a three year period leading up to her custody recommendation, or followed up on mother's concerns, although she had read all of father's custody pleadings, and followed up on all of his concerns. She had not contacted the child's teachers, doctors, or personal therapist (all of whom mother was coordinating with concerning the care of the child), or investigated the domestic violence history in the case, although the child's exposure to violence and pornography, and his educational progress and mental and physical health, were issues in the case. Consistent with the local rules of court, Mother had asked for a new mediator, who knew and followed state law, and Judge Adams refused the request. This was so although the mediator herself also had a history of complaints against her in this and other cases(namely, that she was only considering one side of the story, and was failing to properly investigate), and other lawyers had told Judge Adams of the widespread concern that Marin Family Court Services personnel were making custody recommendations without reading the custody pleadings -- which is a violation of the law. Because judges are bound by law (the Code of Judicial Ethics, Canon 2) to enforce the law, and Adams was required by law (CA Rule of Court 5.210) to provide the mother with a court mediator who knew and followed the law, but refused to do so, Judge Adams herself was breaking the law. The lawyers representing the mediator went so far as to essentially state, in writing, that the mediator had no duty to follow state law by reading or following up on mother's concerns, because Judge Adams said the mediator was not biased. So Judge Adams' ruling in this case is being used --in this and other cases--to excuse the Marin Family Court Service mediators' duty to know and follow state law.

While the courts would like to turn this into a "he said, she said" mudslinging case, this particular case is REALLY a benchmark case about the Marin court and Marin court personnel breaking the law in sensitive custody cases. It is also a benchmark case in ascertaining exactly how far the courts at all levels are going to go to cover up what happened. The problem for the courts is that the lawbreaking activity is documented, from A-Z, in transcripts of the testimony of court personnel.

Whether or not court personnel and appointees are following the law is the subject of the audit.

Lawbreaking, financially and politically entangled judges and court personnel at all levels are "fair game" for criticism, by virtue of the positions of trust they hold, and the unrestrained power they have to harm families who are literally forced to place themselves "at their mercy of the court".

You are not "fair game", and the things this lawyer, posing as "Dock" has said to you, are inexcusable.

I am sorry you got drawn into this.

Posted by Dick, a resident of the Mill Valley neighborhood, on Aug 15, 2009 at 11:27 am

You don't know what you're talking about.

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 12:51 pm

Court watch-

Thank you-

I don't want anything to do with this internet stuff- It's to icky!

I am a mom not a lawyer or an agenda or a movement- Just a Mommy!

I don't belong on this site at all- Dock/Anonymous I sorta guessed they are lawyers- And vicious ones at that- The non-stop attacks- and accusations. Just like being in court!

I get now why they were even knowledgeable about our case. I know the legal community gossips about our case. I just wish you all weren’t posting it on the internet: Where are friends and community are faced with it. I should have never responded- I did so because I have some backbone left and my community was asking me too. And I was really offended by the post that started it all and the banter- and yes they sucked me in.

Mother of Beloved Child

Posted by Mother of Beloved Child, a resident of another community, on Aug 15, 2009 at 1:38 pm

Last word-

DOCK POSTED:"Judge, mediators, attorneys and even parents in these cases can't comment on the facts, which might be very different from the stuff posted here."

Just Dock/Anonymous get freedom of speach= posting gossip and slander about other people's lives ON THE INTERNET NO LESS!

Mother of Beloved Child

Posted by Anonymoud, a resident of another community, on Aug 15, 2009 at 6:44 pm

Hi All,

Sorry, I'm not an attorney or a therapist. I'm a parent who is familar with the Marin Court system since my children's custody case was decided there.

In my opinion, the Marin Courts and some of the best attorneys, judges, psychiatrists and psycholigists in Marin have been unfairly criticized by a very small group of misguided individuals with their own agenda. They prey on mothers like Mother of the B child, using their case as a poster mother and child for their cause.

If I was Mother of B, I would want the very best psychiatrist in Marin to perform an extensive evaluation of my case. If I didn't have the economic means for this, then I would want to receive assistance from groups that could help, by not groups like courtwatch and judicialretaliation.

In Marin and all other family law courts in America, there is an A list of attorneys, psychiatrists, mediators and therapists. That's the way it is and that's the way it will always be. There are some family law professionals that are not very good and I certainly wouldn't want them involved in my case since the welfare of my children is my greatest priority. Unfortunately, it was the misguided media coverage of the Pacific Sun trusting reporters like Jill Krammer and Karen Winner's bias document or

manifesto that some perceive having an A list of proven evaluators and guardian ad litem isn't a good thing. Ones the judges can trust that could either get parents like Mother of B to mediate a mutually agreeable and peaceful custody ageement with her ex-husband or make a honest custody recommendation to the court.

So it sounds like the Marin Court system has gone through a number of changes in the past 20 years. In our self-correcting legal process it will be interesting what happens in the next 20 years but one thing is certain--there will never be a system everyone will be one hundred percent happy with.

Anonymous

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 15, 2009 at 7:25 pm

Mother:

I completely agree with anonymous.

You don't know me, and I don't know you and I certainly do not know anything about your case except what is here on this forum. The things other posters are saying about me are completely incorrect, and I really don't know what they're talking about.

But listen: I am not saying that you are lying. How would I know that? I am just skeptical. I have also been in court before Commissioner Wood and I cannot imagine that she would allow a parent to have custody of child who had been abused. Maybe I am wrong. Perhaps you or your attorney didn't do a good job of presenting your case. There are resources that could help you if you can't afford an attorney, such as the Self Help Center, the Children and Family Law Center, Legal Aid of Marin.

I wish you luck.

Posted by Get Real, a resident of another community, on Aug 16, 2009 at 9:47 am

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 14, 2009 at 7:29 pm

To Mother of Beloved Child: One thing I forgot. You keep talking about "Danny" and "Sammy" and I believe that you are referring to the horrendous murder in Novato.

I think that it is sickening that you are trying to use that tragedy to promote your agenda. This is particularly disgusting because the same Commissioner Wood you keep attacking was the one who issued the restraining order against Mitchell. Surely you are not claiming that Commissioner Wood did something wrong? Shame on you

O you aren’t an attorney you just happen to know who presided over the case and that a restraining order was issued!

How naive do you think we all are-

Talk about back peddling-

Pathetic!

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 16, 2009 at 11:16 am

I'm sorry, but I believe that using the name of a murder victim to promote attacks on the court is wrong. There were only about a 100 articles about the Mitchell case in all of the newspapers and the details are all there.

Posted by pops, a resident of the Bahia neighborhood, on Aug 16, 2009 at 8:27 pm

Mother of Bloody Child : I hope you recognize who it is that you are being used by and for what reason. If it wasn't for Courtwatch and Judicial Retaliation, no one on this forum would know anything about your case. It was they who dragged you into this to further their agenda.

Posted by GMC, a resident of the Fairfax neighborhood, on Aug 16, 2009 at 10:55 pm

It is time to remove the corrupt judges in Family Court.

Judge Peter McBrien pled down a felony to a misdemeanor in 2000. He paid $20,000 restitution and received a public admonishment from the Commission on Judicial Performance. He was then rewarded at every turn for embarrassing himself, the judiciary, and Sacramento County by his criminal behavior. He sold his house and recouped his restitution fee 5 times over. Rather than having his career path interrupted, he was promoted to Presiding Judge of Family Court. Clearly the public admonishment did not defer him from judicial impropriety, as it was designed to do. He was subsequently found 20 guilty of Judicial misconduct in 2009 by the Commission's Special Masters after he walked out of a trial in the middle testimony, and became emboiled in the case to the extent that he acted outside his judicial bounds to ruin one of the litigants.

Sound just like Judge Verna Adams who became emboiled in some cases. She had the court reporter shut off the machine and demanded the bailiff removed attorney from the court room.

Posted by Scott, a resident of the Novato neighborhood, on Aug 16, 2009 at 11:08 pm

I agreed. Judge McBrien's temper tantrums in court, his snide, cruel remarks that verge on the sadistic, his erratic, nasty demeanor, and the fear felt by litigants of being a mouse being played with by a dangerous cat in court.

Judge McBrien's felony and misconduct. He is a disgrace to the community.

Who will be the first Marin Family Judge for felony and misconduct? Can we count the vote in Marin IJ while we wait for State Audit?

Posted by courtwatch, a resident of the San Rafael neighborhood, on Aug 17, 2009 at 11:10 am

"Pops", I did not involve Mother of Beloved Child in this--

I defended her AFTER she had been viciously attacked by "Dock" and others. Check my posts, and get your story right.

Posted by Morton, a resident of the San Anselmo neighborhood, on Aug 17, 2009 at 1:26 pm

I heard Judge McBrien is unable to perform his job functions. There is speculation in the community about a possible disability, perhaps mental illness or substance abuse or both. Regardless of the cause, it is clear that Judge McBrien has repeatedly failed to observe high standards of conduct, or to respect and comply with the law. He not only has the apperance of impropriety but also exhibits behavior that is far more than improper. He is in fact a criminal judge, a rouge judge, and has promoted a grotesque lack of confidence in the judiciary as a whole, particularly in Sacramento.

Judges are not above the law, they are required by law to follow and enforce the law. When the judges break the law themself, there is no law.

There are high profile cases in Marin Family Court that Judge took the law in her own hand, failed to follow and enforce the laws 170.1(a)(6)(A)(iii) and 170.1(a)(6)(B)a Judge's bias or prejudice toward a lawyer in the proceedings may be ground for disqualification.

Pursuant to Code Civ. Proc. Section 170.3(c)(5), "a judge who refuses to rescue himself or herself shall not pass upon his or her own disqualificaiton or upon the sufficiency in law, fact or otherwise, of the statement of disqualification filed by a party".

What has happened to these cases are, in a word, inexcusable.

Judicial retaliation, misconduct, felony, and the repetitive law breaking behavior from problematic judges are criminal.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 17, 2009 at 1:36 pm

To Morton, Scott and GMC:

Judge McBrien sounds pretty bad. Do you guys have personal expierence with him, or is this just hearsay?

Did the Commission on Judicial Performance remove him? If not, I wonder why not.

Are you saying that his behavior is similar to the Marin County Judges?

Posted by Anonymous, a resident of another community, on Aug 17, 2009 at 5:39 pm

I was also wondering what Judge McBrien, a judge in Sacramento County has to do with the judges and commissioners in Marin County?

Is there a direct connection here? The posts by coutwatch, judicialretaliation and courts run amok crticize the Marin courts but the above Judge is in Sacramento not Marin.

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 17, 2009 at 7:55 pm

Anonymous:

If you look at what Judge McBrien did, you would be pretty shocked. As I understand it, he walked out in the middle of family law trial and then made a ruling. Hopefully, the State Bar or whoever deals with this stuff has made a decision.

I don't know what Scott, Morton, and GMC know about the Marin Co Judges, but maybe they can provide information. Maybe they aren't even from Marin?

Posted by Dock, a resident of the Mill Valley neighborhood, on Aug 17, 2009 at 7:55 pm

Anonymous:

If you look at what Judge McBrien did, you would be pretty shocked. As I understand it, he walked out in the middle of family law trial and then made a ruling. Hopefully, the State Bar or whoever deals with this stuff has made a decision.

I don't know what Scott, Morton, and GMC know about the Marin Co Judges, but maybe they can provide information. Maybe they aren't even from Marin?

Posted by Anonymous, a resident of another community, on Aug 17, 2009 at 8:36 pm

The 10 Commandments of Co-Parenting - if all parents practiced the co-parenting skills in this article, there would not be a need for custody trials and evaluations.

Web Link

I would much rather see news stories on parents that are doing a great job co-parenting than on a small group that is disparaging the current system and process.

Posted by Richard Helzberg, a resident of the San Rafael neighborhood, on Aug 24, 2009 at 5:05 pm

I write regarding my earlier comments in the blog following the main feature story article titled, "Home Court Disadvantage: A Looming Audit Puts the Marin Family Court Back Under the Magnifying Glass," in the May 29, 2009 issue of the Pacific Sun, a Marin County News paper. In retrospect, I should not have commented to Dr. Browne-Miller's own legal case from years ago nor on her objectivity. I retract my comments, for which I apologize , including those about her objectivity .

Richard Helzberg, Esq.

Posted by Indiana Bus Driver, a resident of the San Rafael neighborhood, on Sep 2, 2009 at 5:35 pm

In regards to Marin Family Court audit.

My own nightmare is on-going with Marin DCSS, the ‘Court Commissioner’, and the extreme punitive economical measures they assigned. Being unemployed in 2002, unable to address basic living expenses in Marin, let alone child support based on a job no longer available; the court’s removal of my driver’s license, thus terminating two (2) part-time jobs in the Bay area requiring the operation of employer’s vehicles, forced me to relocate out of state. Knowing full well the consequences were not in the interest of my children. The relationship with my kids was destroyed. The statements of arrears has been inconsistent, and just last month the $72,ooo number magically jumped to $90,ooo. No body from the State of California, or Marin DCSS, including Director Keith Pepper, will respond to my three (3) written requests for accounting, remedy, or status, yet my support the past three years has been well above the support, to address the arrears.

I now make 14,000 driving a bus in Bloomington, Indiana, my youngest turns 18 in a month and DCSS has taken my passport, again hobbling my ability to visit family in Sweden.

I would love to see this nightmare come to close, a fair attainable remedy, and the mission of DCSS ‘ the childrens wellbeing’ revisited to include what is healthy foundation for continued positive relationships between father and kids. My kids grew up with a vindictive mother and grandparents, all alcoholics, yet successful income earners. A loving, divorced under-employed Dad, as far as the courts posture, is a loser and there by must be burdened with unattainable economical measures. Compounded 10 % yearly.

I will stand strong and advocate for father’s rights with any one who will stand with me; any divorced lawyers out there with moral conviction? It is imperative to tend to the rebuilding of a family court system that is currently a

total disaster profiting by destroying loving relationships with parents and children.

Posted by courtwatch, a resident of the San Rafael neighborhood, on Sep 8, 2009 at 10:09 pm

So Jennifer Fritz who has so enthusiastically supported the court in this blog, reportedly worked for Ali Quam who (until she was hired by the Marin Family Court) worked for the Freitas McCarthy law firm, which was the top campaign donor to multiple superior court officers, and whose two partners (Neil Moran and Peter Kleinbrodt) are married,respectively to two bench officers (Lynn Duryee and Beverly Wood) who benefit from every court ruling in favor of their respective husbands, and Freitas McCarthy. . . . . . . . .$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$

Would anyone care to dispute these claims? Please do. Please. Jennifer Fritz? Ali Quam? Lynn Duryee? Bev Wood? Neil Moran? Peter Kleinbrodt?

Posted by Michael, a resident of the Mill Valley neighborhood, on Sep 11, 2009 at 7:38 am

New article this morning about the indictment of PA judges taking money for taking kids (9/11/09):

Ex-Judges Indicted in Kids-for-Cash Plot By MICHAEL RUBINKAM, AP

posted: 18 HOURS

Posted by court watch, a resident of the San Rafael neighborhood, on Sep 14, 2009 at 10:44 pm

Beverly Wood is continuing to take children from protective parents--at least two in the last couple of weeks. She is apparently gleefully using a certain unpublished court of appeal case as precedent (although that is unlawful).

As predicted.

You go girl. Take down our CA courts.

Posted by question, a resident of the Bahia neighborhood, on Sep 23, 2009 at 4:55 pm

To Indiana Bus Driver:

A bit off topic, but you drive a bus? And your license is suspended?