AMERICA’S CONSTITUTIONAL and HUMAN RIGHTS CRISIS?
February 26, 2021: You can lose your kids, home and freedom without ever seeing a lawyer. It’s a profound injustice: https://www.washingtonpost.com/opinions/2021/02/26/noncriminal-cases-right-to-lawyer-representation/?arc404=true
FACTS: (A) https://www.blogtalkradio.com/marti-oakley/2021/07/10/ts-radio-network-judicial-criminals-wchristine-morrison (B) https://www.veteranstoday.com/2021/06/16/family-court-judges-above-the-law-and-holding-them-accountable-and-liable-to-compensate-the-victims/(C) SENATOR PETERS 2021 The role of law enforcement and government officials is to keep our state safe and serve the families they are sworn to protect. (D) AG DANA NESSEL 2021 Rather, the Attorney General is dutybound to enforce the laws that have been enacted by the Legislature. (E) https://www.icj.org/wp-content/uploads/2018/11/Universal-Right-to-a-Remedy-Publications-Reports-Practitioners-Guides-2018-ENG.pdf The Right to a Remedy and Reparation for Gross Human Rights Violations (F) UN Human Rights Council Poised to Address Prospect of Judicial Impunity in America — Opt IN USA (G) Failure to Provide Effective Avenues of Redress and Relief for the Role of U.S. Judges in Persecution and Psychological Torture Imposed Through Persistent U.S. Legal System Abuse Suggested List of Issues to Country Report Task Force on the United States Implementation of the ICCPR January 11, 2019 INT_CCPR_ICS_USA_33372_E.pdf (ohchr.org) (H) https://twitter.com/antonioguterres/status/1400535478831652867?s=03 When powerful people get away with corruption, people lose trust in their governing institutions. Democracies are weakened by cynicism and hopelessness. Ending impunity is an essential step towards a new social contract based on trust, integrity, and justice. (I)https://judicialdisciplinereform.org/OL2/DrRCorderoBiden_SCt_reform_Commission.pdf
NO RULE OF LAW/MASSIVE PERVASIVE FRAUD: My story documents Michigan family court judges’ abuse of power and blowing the whistle on the connivance between power and politics. Michigan Democratic State Representative Stone read my book and responded on November 19, 2019: “With that all said, it is still well documented that either recourse is an uphill, and sometimes impossible, battle for a person when looking for judicial recourse and is in need of reform.” In Kirby v Mich High Sch Athletic Ass’n, 459 Mich 23, 40; 585 NW2d 290 (1998), (noting that “[a] party must obey an order entered by a court with proper jurisdiction, even if the order is clearly incorrect, or the party must face the risk of being held in contempt”)—–THAT INCLUDES LOSING YOUR LIFE (suicides -Thomas Ball (Boston Globe)/bench warrant- Walter Scott), LIBERTIES and PROPERTY, ILLEGALLY (FACTS 1-6). Macomb County Circuit Court, Family Court entered a non-consented “settlement agreement” (3-non-consented judgments) and illegally subjected me to parental alienation, unjust/inappropriate child support enforcement, (4) bench warrants (no bond), the loss of my home and all contents(ex-parte), professional licenses, retirement accounts by an attorney malpractice trial, and life savings for parental rights. I could have lost my occupational licenses by having bench warrants on my record. This non-consented “settlement agreement” (3 non-consented judgments) should be void ab initio. https://www.aclu.org/news/criminal-law-reform/new-aclu-report-finds-debt-based-drivers-license-suspension-laws-impose-harm-and-waste-resources/ (debt law harm for bench warrants/occupational license suspension?)
QUESTION: (1) PARTIES CAN NEITHER CONSENT TO NOR BE HELD IN CONTEMPT OF A JUDGMENT THAT IS VOID FROM INCEPTION (VOID AB INITIO), FRAUD AND LEGAL INCAPACITY ARE ANOTHER?? (2) In Faison v Lewis,2015 NY Slip Op 04026 [25 NY3d 220] (2015), the Court of Appeals addressed the statute of limitations concerning deeds deemed to be void from fraud. As this Court held in Marden, a forged deed is void, not merely voidable. That legal status cannot be changed, regardless of how long it may take for the forgery to be uncovered. As this Court made clear in Riverside Syndicate, Inc v Munroe, A STATUTE OF LIMITATIONS ‘DOES NOT MAKE AN AGREEMENT THAT WAS VOID AT ITS INCEPTION VALID BY THE MERE PASSAGE OF TIME’. McGirt v. Oklahoma, 140 S. Ct. 2452 (2020). Justice Gorsuch, writing for the majority stated: “Unlawful acts, performed long enough and with sufficient vigor, are never enough to amend the law. To hold otherwise would be to elevate the most brazen and longstanding injustices over the law, both rewarding wrong and failing those in the right.” Id. at 2482
NO CONSENT BILL: https://senatedems.com/irwin/news/2021/06/03/irwin-introduces-bill-to-prosecute-sexual-assaults-facilitated-by-drugs-alcohol/ “We need to make it crystal clear that consent is absolutely required and that somebody who is drunk cannot consent.”
FACT #1: NO CLIENT CONSENT OR MODIFICATION TO AN ORIGINAL OR TWO AMENDMENTS of “CONSENT JUDGMENT of ANNULMENT” (JOINT LEGAL and PHYSICAL CUSTODY-NO PROPERTY SETTLEMENT)
Macomb County Circuit Court, (Judge #1) Judge Servitto, Court Docket Falsification:
- August 19, 1997: Consent Judgment of Annulment
- September 2, 1997: Amended Consent Judgment of Annulment
- September 8, 1997: Second Amended Consent Judgment of Annulment
May 11, 1999: Macomb County Circuit Court, (Judge #2) Chief Judge Maceroni:
- MACERONI: Consent judgment of annulment, what is your issue regarding it?
- CHRISTINE: The validity of it. I never consented or signed that, and neither did my attorney.
- MACERONI: Your attorney did.
- CHRISTINE: He said to form only, not content (rights).
- MACERONI: Ms. Morrison, you are objecting to items that have been entered almost two years ago, and that’s entitled to consent Judgment of Annulment.
- CHRISTINE: Not without a signature.
- MACERONI: That was approved as to form only (not the content of rights), and as far as Mr. Aiello was concerned and signed by Mr. Perakis, and if there was any problem with that, it should have been appealed a long time ago.
- CHRISTINE: I never consented.
October 12, 2000: Chief Judge Maceroni, Macomb County Circuit Court: Motion to Conform the Judgment of Divorce to the Consent Agreement Placed on the Court Record June 3, 1997 (taken under advisement 10/30/00).
August 20, 2001: (Judge #4) Judge Templin, Oakland County Circuit Court, lawyer malpractice proceedings of Aiello, Mr. Henry representing me, and Aiello’s own attorney, Mr. Geyer:
- GEYER: Your Honor, for the purpose of speeding things up, I’ll stipulate that the clients did not sign either amendment.
- COURT: Okay.
- HENRY: Or the original.
- GEYER: Or the original.
- HENRY: Thank you, I’ll accept the stipulation, then.
August 20, 2001: Judge Templin, Oakland County Circuit Court, cross-examinations by Mr. McKinney representing Christine, and Aiello attorney, Mr. Geyer:
- McKINNEY: Do you recall whether Ms. Morrison was in court with you August 19?
- AIELLO: I can’t remember.
- McKINNEY: Is this your signature on that document?AIELLO: Yes.
- McKINNEY: So, you approved that judgment?
- AIELLO: I can’t remember.
- McKINNEY: You don’t remember?
- AIELLO: Whatever a judge says, you do. If the judge says go sign it; sign it. If the judge says don’t sign it; don’t sign it. You know that. I do what the judge tells me to do.
October 3, 2019: Michigan Supreme Court Oral Argument: https://lexforipllc.com/recent-events/ Chief Justice McCormack: Normally, we don’t permit a collateral attack on an underlying judgment. (NO CONSENT SETTLEMENT AGREEMENT?) http://www.michbar.org/file/opinions/appeals/2020/073020/73524.pdf In Foster v. Foster the court ruled disability compensation is federally protected under 38 USC § 5301 and cannot be used as a funding source for a veterans’ obligations in divorce proceedings. This ruling comes after more than TWO DECADES of ILLEGAL COURT ORDERS administered by state divorce/courts nationwide. https://www.newsweek.com/dan-crenshaw-launches-whistleblower-page-over-woke-ideology-military-1596108
FACT: https://heinonline.org/HOL/LandingPage?handle=hein.journals/davlr44&div=14&id=&page= 428 University of California, Davis [Vol. 44:413: Deceit in the course of settlement negotiations, however, also implicates fraud upon the court concerns. Parties must present their settlement agreement to a court for approval. If the agreement is the result of fraud upon one of the parties, the offending party is seeking to legitimize that fraud through the judicial system. Thus, although not “fraud upon the court” in the traditional sense, courts have been willing to overturn settlement agreements that were the result of fraud upon a party pursuant to Rule 60.
Family Court mirrors guardianship abuse/FRAUD: I paid court-ordered costs for the attorney malpractice trial (NO CONSENT SETTLEMENT AGREEMENT) and other attorney award fees (bench warrants issued): https://www.msn.com/en-us/news/us/the-investigative-reporting-behind-america-e2-80-99s-obsession-with-britney-spears-e2-80-99-conservatorship/ar-AAM5SZs: “A systemic issue that I think is shocking is that Britney has to pay for everyone. In this case, she not only pays for her own court-appointed counsel, she pays for her dad’s lawyers —”
As Cole Stuart J.D. was – a parent, lawyer, legal activist, a former partner at a large international law firm, and a tireless family court reformer stated, “it’s time to recognize Family Court for what it is—a corporate crime ring raiding parents and children of financial and psychological well-being, and devouring our children’s futures. And it’s not just divorce lawyers—its judges, ” judicial administrators,” psychologists, cops, and prosecutors—people we should be able to trust—in a modern-day criminal cabal using county courtrooms and sheriff’s deputies as the machinery of organized crime-federal racketeering lawsuitccfc-v-sdcba-first-amended-complaint.pdf (wordpress.com)against family court judges, charge criminal extortion, bribery, abuse of office. Stuart alleges that divorce lawyers illegally conspire with judges to steal from parents as part of a racketeering criminal enterprise– and brings over 30 claims of federally-indictable crime. Civil rights violations, fraud, and obstruction of justice are federal crimes-even for judges“. The New Mafia – A Family Court Crime Family: Family Court Racketeering 101 Video – Bing video Jeffrey Moffatt, Esq. filed Adkins Case #15-754: “This unconstitutional parental intrusion by Family Courts in this country is (has) causing financial ruin and emotional distress for “post-judgment” parents and children that ultimately have a negative effect on the government fiscal and administrative interest (FACT #2 TITLE IV-D/ FEDERAL INCENTIVE PAYMENTS). The problem is that the U.S. Family Court system can act as a black hole where the presumption of innocence is a fairy tale, make-believe laws rule the land and successful appeals are a unicorn, creating a safe haven for “unfriendly” parents and Family Court dictators to reap material wealth and any unfortunate family that enters its boundaries risks finding themselves at a point of no return until the children age out of the system“.
August 23, 2020: Via e-mail only: To Democratic State Representative Stone, Senator McMorrow, Congressman Andy Levin (LinkedIn): ACTION REQUESTED: My book clearly documents the State entered three non-consented to judgments that I want void ab initio-VACATED. Michigan’s appellate courts fail to remedy statutory and constitutional violations. Is the failure to do so gross disregard/failure to meet their legal obligations? In fact, multiple claims of appeals were dismissed (April 9, 1999, January 18, 2000, April 24, 2000, September 14, 2000, December 7, 2000, February 20, 2001, September 4, 2001, February 10, 2009) for clear, obvious, egregious errors in the law (Remand order 6-30-00 on an ex-parte motion that caused parental alienation), and two motions remain, “taken under advisement”. AG DANA NESSEL 2021: Therefore, I suggest you contact your state representative or senator with your concerns regarding family courts.
July 2020: the U.S. Commission on Unalienable Rights acknowledges that “(t)he most important obligation of the United States government under the Constitution is to protect its citizens’ unalienable rights, which it accomplishes by giving expression to those rights in the positive law of the land”. Complaint-As-Filed.pdf (democracyforward.org) Nazi criminals called to answer crimes against humanity brought up the concept of positive law: “We were simply obeying the law. We were just following orders”. Michigan’s “One Court of Justice” has no effective avenues of redress and relief for the role of judges and court officials in persistent legal system abuse. It is time to hold these public servants accountable for widespread fraud and liable to their victims (1) FBI failed to pursue Nassar sex-abuse allegations, inspector general finds (msn.com(2) “It is critical that all of the perpetrators of this insurrectionist attack be identified, investigated charged and subsequently prosecuted. The Department of Justice must dedicate every available resource to its offices across the country in order to ensure that all of these individuals are held accountable”. https://judiciary.house.gov/uploadedfiles/prosecution_letter_to_doj_1.29.2021.pdf?utm_campaign=5688-519 (Prior complaints submitted to the DOJ (1) September 2015 workflow binder #3066845 (2) May 2016 workflow binder #3125888 (3) June 2020-no response)
February 17, 2021: Brennan Center Events “America’s Broken Legal System” Judge Jed Rakoff: Ninety % represent themselves in the housing or family court are not represented by lawyers. And the statistics show those who are represented by lawyers, do far better than those who are not (?): https://www.brennancenter.org/events/americas-broken-legal-system ACLU 5/21/21: https://action.aclu.org/send-message/congress-end-qualified-immunity. Reform (ACCOUNTABILITY) is needed in the courtroom, where judges, judicial administrators, lawyers, and court officials have created policies and procedures that are inconsistent with existing state law and the state/federal Constitution. Positive law can change according to changing norms in society, now begs my request to all in the House of Representatives and the senators in the U.S. Senate: Retroactive Legal System Accountability Act.
by Christine Morrison Facts#2-6 (1995-2009)
The Supreme Court created qualified immunity. Why is it so tough for Congress to get rid of it? https://www.latimes.com/politics/story/2021-05-25/qualified-immunity-congress-george-floyd-police-reform-faq Qualified immunity protects government officials, including police officers, from lawsuits. It means you can only sue if the violation of your rights has already been “clearly established.” https://www.wxyz.com/news/should-qualified-immunity-continue-to-protect-law-enforcement-debate-rages-on-in-michigan AG DANA NESSEL 2021: Many of the concerns you express are the result of state legislation. Rather, the Attorney General is dutybound to enforce the laws that have been enacted by the Legislature. SENATOR PETERS 2021: “The role of law enforcement and government officials is to keep our state safe and serve the families they are sworn to protect. I will continue to work with my colleagues in Congress to find commonsense solutions to build trust in communities around the country, and I will carefully review legislation that comes before the Senate on criminal justice and policing reform, including the issue of qualified immunity”. https://twnews.at/us-news/biden-prioritizes-anti-corruption-efforts-in-national-security-policy Biden prioritizes anti-corruption efforts in national security policy “Fighting corruption is not just good governance. It is self-defense”.
QUESTION: AMERICA’S SHINING EXAMPLE OF HUMAN RIGHTS VIOLATIONS/ CRIMES AGAINST HUMANITY/FINANCIAL CRIMES/(DOMESTIC) TERRORISM? REQUEST CONGRESSIONAL TASK FORCE: EVIDENCE OF FAMILY COURT FRAUD/PREDATORY DEBT COLLECTION SCHEMES AS THE STATE JUDICIARY’S INSTITUTIONALIZE MODUS OPERANDI. EGREGIOUS FAILINGS OF FEDERAL CONSTITUTION AND STATUTORY RIGHTS VIOLATIONS:
FACT #2: Federal law requires each state to operate a child support enforcement program throughout the state by the requirements of Title IV-D of the Social Security Act of 1975. Federal incentive payments to State courts: https://www.acf.hhs.gov/css/resource/fy-2018-preliminary-data-report Cumulative Collections 1976-2018=$616,120,865,835 (p.11): For every dollar, state courts spend on the child support program, the state courts collect between $1.00 dollar to $11.00 dollars (p.42 cost-effectiveness P-36). DO THE MATH! Michigan’s total collections received FY 2018 = $1,380,738,611 (p.35). Michigan reported $24,919,164 in undistributed child support collected and received $25,800,000 in estimated incentive payments from the federal government. For every $1 spent on the child support program, Michigan collected $6.37 in return (p.42). The United States OCSE conducts an audit of each state’s program at least every three years (requested no response).
Family Court is not about the best interest of the child (prey), it is about: (1) divorce/family law industry =50 billion/year (Divorce Corp) and (2) the state’s treasury to maximize federal child support incentives under Title IV-D to pay for social programs/entitlements (TANF) via child support collected. Michigan and other states are obtaining federal funding for its child support enforcement agency/program under false claims of compliance with federal civil rights laws and the United States Constitution (due process and equal protection). This includes the defrauding of the hardworking American taxpayer, welfare reform, and the role of the family court system @ http://www.gndzerosrv.com/Web%20Pages/cummings.htm (p.7-10). The Hardworking Taxpayers of America … are footing the bill for this injustice, fraud, and extortion. Divorced parents are a targeted “debt ower” group being denied basic Constitutional and human rights by being subjected to draconian, tyrannical state procedures depriving them of their substantive and procedural due process rights, as well as equal protection under the law. In South Carolina, Walter Scott was shot dead for fleeing a child support warrant. The State made me a fugitive by the issuance of 4 bench warrants. Senator Nancy Schafer stated, Child support is a crime against humanity for financial gain, rights removed from parents as human rights, civil rights, and even religious rights. Remember the concept of natural law-the right to your child(ren): Polling & Voting — Leading Women for Shared Parenting (lw4sp.org). The U.S. Constitution, Amendments 1, 5, 9, and 14 guarantee both biological parents their rights to their child(ren) without any interference from the state and judicial system. Scandinavians have eliminated family courts and divorce lawyers.
FACT #2: MICHIGAN OBTAINED FEDERAL INCENTIVE TITLE IV-D FUNDING FOR ITS CHILD SUPPORT ENFORCEMENT AGENCY UNDER FALSE CLAIMS OF COMPLIANCE WITH FEDERAL CIVIL RIGHTS LAWS.
- LAW OCSE: CHILD SUPPORT ENFORCEMENT SECTION 9103 OF PUBLIC LAW 99-509: Federal law requires each state to operate a child support enforcement program throughout the state by the requirements of Title IV-D of the Social Security Act, including the prohibition of retroactive modification of child support. To ensure that a state has an effective child support enforcement, the United States OSCE conducts an audit every three years (requested-no response). Judges would be required by the state to comply with the prohibition of retroactive modification requirements, federal law does not provide any exception:
November 18, 2008: Macomb County Circuit Court, (Judge #3) Judge Yokich, Attorney O’Brien (Perakis wife):
- Judgment Regarding RETROACTIVE CHILD SUPPORT, ATTORNEY AWARD FEES, Setting Show Cause and Related Matters: Child Support and Statutory/Fees: For the time period commencing January 1, 2005, and continuing through May 2008, (Christine) owes (Hannaford) child support in the amount of $33,764.70. However, Defendant (Christine) is entitled to the credit of $9,906.95 existing pursuant to Friend of the Court records on November 18, 2008, plus an additional credit of $153.00. Therefore, the Friend of the Court records shall be adjusted effective as of November 18, 2008, to reflect a child support arrearage owing by Defendant of $23,704.75 with the statutory surcharges to be calculated retroactively to November 16, 2007. Defendant shall pay the total arrearage to Plaintiff on or before December 18, 2008, which is 30 days from this court’s ruling on November 18, 2008. Statutory surcharges and monthly fees of $3.80 shall continue to accrue as provided by law until the arrearage is paid in full.
- Attorney Fees: Awarded attorney fees, $12,188.97. Christine shall pay such amount in full no later than January 2, 2009, which is 45 days from the date of hearing in this matter.
- Date for Show Cause: In the event (Christine) has failed to pay the full amount of retroactive child support award in the amount of $33,764.70 then (she) shall appear on January 6, 2009, before this court at 1:30 p.m. to show cause why she should not be held in contempt and subjected to the penalties set forth in MCL 552.635(2), including why this court should not suspend her occupational license’s in the State of Michigan and pursue such suspensions in other jurisdictions, as permitted by law.
January 12, 2009: FULL CASH BOND $46,577.74
January 14, 2009: Judge Yokich Court Orders:
- Bench warrant;
- Retroactive child support award of $33,764.70;
- Attorney fee award, $12,188.97 (illegal compensation?);
- Denial of cash appeal stay bond.
February 10, 2009: Michigan Supreme Court Appeal (#138219):
- The Trial court committed reversible error when it applied the retroactivity of imputed income and child support owing to Defendant (Christine) prior to the date on which Plaintiff (Hannaford) first filed his petition for an increase in child support, (which was) November 16, 2007.
- The court reviews questions of statutory construction de novo, Perry v. Galling Chrysler Plymouth Jeep, Inc. At issue is MCL 552.603(2), which provides in pertinent part that “retroactive modification of a support payment due under a support order is permissible with respect to a period during which there is pending a petition for modification, but only from the date that notice of the petition was given to the payer or recipient of support.”
- Interpretation of this portion of the statute is at the heart of the Malone v. Malone appellate decision, (in which the court) ratified the prior decision of Waple v. Waple, 179 Mich App 673,675–677; 446 NW2 536 (1989), wherein it stated: “by the critical terms of this statute, retroactive modification of support for periods prior to the [November 16, 2007], date of notice of the petition is prohibited.” Malone v. Malone is the Michigan Court of Appeals’ clear and definitive statement on the statutory construction of the retroactivity of a petition for change in child support; that Court was clear in its holding that “MCL 552.603(2) allows for the retroactive modification of child support from the date that notice was given to the recipient of the support payments of the petition to modify support.”
March 13, 2009: Michigan Supreme Court Appeal #138219- Dismissed. Judge Yokich Order:
- Releasing/forfeiting appeal bond of $25,485.68 (included child support, statutory fees);
- Attorney award fees, $12,188.97;
- Setting aside bench warrant (1-14-09);
- All other provisions of the 1-14-09 order shall remain in full force and effect.
March/2009-Case Finished: Experian Credit Report: The State of Michigan’s Office of Child Support reported a negative child support balance owing of $25,485.00. The court docket record confirms a cash bond was posted for $46,577.74 on January 12, 2009.
- January 2019: California Family Law Judges Who Do Not Follow the Guideline Formula are in for Reversal: The conclusion was that “[b]y disregarding these facts in calculating child support, the trial court failed to comply with the statutes governing this highly regulated area of the law, and therefore abused its discretion.” https://divorcesd.com/california-family-law-judges-who-do-not-follow-the-guideline-formula-are-in-for-reversal
- April 7, 2021: Three Oakland County attorneys charged with racketeering for illegally garnishing wages. Three Oakland County attorneys charged with racketeering for illegally garnishing wages (fox2detroit.com)
Children with parents in prison ‘the forgotten victims of crime’
FACT: RELIANCE UPON KNOWN FALSE FINANCIAL TESTIMONY: July 20, 1998: Macomb County Circuit Court, Chief Judge Maceroni, Court Transcript:
- CM/ATTORNEY: She has the burden of proving that he is underrepresenting his income. She’s trying to meet that burden. She, you know, she has to pay support. That’s fine, she’s paying it, but let’s be upfront about what his financial [. . .] With regards to his weekly income, it says it’s $500.00. First, as the Court is aware, there are a lot of arguments regarding what Mr. Hannaford’s income is.
- JUDGE MACERONI: Just tell me, what is his income?
- PERAKIS: She just said it’s $540.00 a week, it’s $770 a week, which the Friend of the Court has already determined to be his net income.[. . .] however, I believe my client (Hannaford) is not alleging a proper income.
- January 25, 1999: Judge Maceroni Court Transcript:
- MACERONI: Ms. Morrison, I will assess actual court costs, I will assess Mr. Perakis’s attorney fees against you, and I may assess some costs to Mr. Hannaford in the event he’s out of work. And if you don’t pay those costs, I’ll hold you in contempt of Court and you will spend some time in Sheriff Hackel’s jail. Those are the ground rules. You go back with Mr. Perakis now if you want to get a date for an evidentiary hearing (financial discovery/Hannaford).
August 21, 2001, Oakland County Circuit Court, Attorney Malpractice Trial, Exhibit Z: (concealment/suppression of material evidence): Analysis by John Dery, CPA, CFE, CIRA, an accounting firm specializing in litigation and forensic accounting shows the adjusted gross receipts from Hannaford’s corporate federal tax returns. The business analysis and financial summary for the base years of 1994–1997 showed a net profit of $2,023,999. (Book p. 34)
I had two trial witnesses, many trial exhibits, and much testimony on this subject, including my expert financial reconstructionist/certified public accountant, John Dery testified as to the actual amount of income Hannaford made during the time of 1994–1997, which was more than $2,000,000 for the four years, which was far more than the mere $17,500 per year in 1994 that he under-reported to the Macomb County Friend of the Court (Trial Exh. X), or the $42,000 he told the IRS for that same 1994 year (Trial Exh. Y) which was part of the reason I who became disabled (12/98) and was not working at all at the time, was ordered to pay a grossly inappropriate and egregious amount in child support ($275 week).
FACT: MICHIGAN’S APPLICATION OF THE CHILD SUPPORT FORMULA IS UNJUST/INAPPROPRIATE. CHILD SUPPORT LAWS ARE TO APPLY EQUALLY IN ORDER TO PASS EQUAL PROTECTION:
APRIL 15, 1992: My filing with the Friend of the Court, “Complaint about Child Support and Restitution” (against Hannaford): Macomb County Friend of the Court awarded Christine during a brief separation, $58 per week in child support. August 24, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial (Aiello):
- HENRY: I am handing you what is marked as proposed Exhibit KK (1993: 1120 U.S. Corporate Short-Form Income Tax Return $253,725), and ask if you can identify this document, yes or no.
- HANNAFORD: 1993? I thought this was limited.
- HENRY: It’s not.
June 2, 2004, to September 10, 2005: The Macomb County “Friend of the Court” paid Hannaford child support when my daughter did not live with him from my support credit account. During this period, I filed for child support enforcement/health care reimbursement= none (Book p.108). June 4, 2021: AG DANA NESSEL 2021 Rather, the role of the Attorney General is limited to criminal violations of the Felony Non-Support Statue.
http://www.gndzerosrv.com/Web%20Pages/cummings.htm It seems that once a state opts to accept federal funding for child support enforcement (as well as other federally funded programs) it automatically waives sovereign immunity and cannot discriminate in the use of these federal funds. The State child support enforcement agency (Division of Family Development and Probation Division) have failed to comply with their obligations under the federal Child Support Enforcement Acts, Title IV-D, 42 U.S.C. 651-669, and other related statutes. The Child Support Enforcement laws and their reimbursement to the states are a valid exercise of Congress’s spending power. By accepting federal funds for the Child Support Enforcement program, New Jersey and all other states waived immunity under Section 5 of the Fourteenth Amendment (§5 Enforcement Clause). Under this definition of the federal Child Support Enforcement Acts, the State is involved in a program or activity. It is not acting in its “whole” capacity. Rather, the Division of Family Development and/or the Division of Human Services, acting in its capacity as the child support enforcement agency for the state is receiving the federal funding and reimbursement involved in a “program” or “activity” involving child support collections and enforcement. Therefore, its immunity is waived and is liable for discrimination against the residents of the state for violating their rights. Thus, the child support guidelines are not rebuttable; they are accepted as a non-rebuttable presumption. States have gone to great lengths to hide this from their citizens and have ignored the federal mandate that they conduct economic studies to determine if the application of the guidelines result in an appropriate award of child support (45 CFR 302.56).
FACT #3: EX-PARTE SEIZURE OF HOME AND ALL CONTENTS:
- Ex-Parte Petition/Order to Show Cause order on a non-party, no advanced notice of a motion for real (condominium) and personal property lien on (condominium) my property resulting in two court orders within 24 hours of each other, on September 1 and 2, 1999 (taken under advisement 11-8-99):
Chief Judge Maceroni, Macomb County Circuit Court, Court Orders:
- 9/1/99: Seizure, sealing, inventory, setting aside quit claim deed to the third party (stepmother), and immediate possession of my home (condominium);
- 9/2/99: Lien on the title of my condominium (cloud on the title for three years);
- 9/23/99: Ex-parte motion requesting a court order to sell my home.
September 22, 1999, Mr. McKinney (my attorney) filed a Motion for Abatement of Child Support Order (disabled 12/98), Rehearing of Orders dated September 1 and 2 in 1999:
- The Defendant has learned that on or about September 1, 1999, that this Court entered a Judgment against Defendant without notice or an opportunity to defend in violation of her Constitutional Rights to due process of law. By a hearing on September 1, 1999, the Court further ordered the seizure of assets exceeding $100,000.00 by Plaintiff, again without notice to Defendant or opportunity to defend in violation of her Constitutional Rights to due process of law, which had the effect of excluding her from her home. Further, the Order of Lien Dated September 2, 1999, incorrectly states that Notice of Hearing has been served on both parties, when in fact (Christine) received no notice, and no proof of service is contained in this Court’s file. That the Orders entered allowing a lien, seizure, and inventory are beyond the Court’s authority and was excessive in the scope and amount of property seized and placed (Christine’s) assets at risk without an appropriate bond or other protections.
- That on September 22, 1999, (Christine) has paid, with borrowed funds, to the Macomb County Friend of the Court, under protest and with full preservation of her appellate rights $25,846, which represented the full amount owed under the Judgment dated September 1, 1999 and included all arrearage plus two weeks of child support and all administrative Friend of the Court fees. That, as a result of these actions, (Christine) has paid the Friend of the Court account through October 11, 1999.
- This Court’s blatant violation of the Court Rules and Ms. Morrison’s constitutional rights with its Court Orders of September 1, 1999, and execution thereon by its Order of September 2, 1999, and the Court’s impending hearing of a Motion for sale of her home, scheduled for September 23, 1999, but not served (to Christine) as of this date, September 22, 1999, establishes that this Court is biased against Christine Morrison and cannot act impartially toward her, according to MCR 2.003(A) and (8)(1).
- WHEREFORE, Defendant prays that this Court will grant her an immediate abatement against the Court’s Ordered Child support; and FURTHER WHEREFORE, Defendant prays that this Court will grant her an immediate stay of its Order of July 14, 1999 (no bond bench warrant), for Defendant cannot be found in contempt of the Court’s Child Support Order when she has been unable to work since December 10, 1998, and this Court’s further preventing her access to her property by this Court’s Order dated September 1, 1999, and any use of her equity in that property, and by virtue of a payment in full of all currently stated arrearages and Court-ordered costs.
- FURTHER WHEREFORE, this Court abate the Child Support Order retroactive to December 10th, 1998, the date the injury was sustained, and not allow interest on any arrearage.
- FURTHER WHEREFORE, this Court allow the Defendant access to the real property located in the city of Fraser, Michigan, and her personal property.
- FURTHER WHEREFORE, this Court allow a rehearing as to the Judgment Dated September 1, 1999, the Lien Order dated September 2, 1999, and the Order allowing inventory of personal property, sealing of real property, and notice dated September 1, 1999, and in fact set aside said orders for lack of notice to Defendant and mootness since all monies contained in the Judgment and Lien have been paid to the Macomb County Friend of the Court, plus expenses (Perakis attorney award fees ) incurred by Ms. Morrison approaching $2,500.
- FURTHER WHEREFORE, this Court Judge will disqualify himself from all further actions in this case, forthwith, and the case shall be reassigned by blind draw reassignment by the Clerk’s office.
October 11, 1999, Attorney Perakis sent a letter to my attorney, Mr. McKinney which stated:
- My client cannot consent to an Order Returning the Condominium keys to Ms. Morrison (no money owing).
November 8, 1999, my Attorney McKinney filed a Motion for rehearing on Orders dated September 1 and 2, 1999. The Court record shows admitted judicial bias and full monetary satisfaction of September 1 and 2, 1999 court orders, but Chief Judge Maceroni rules “motion taken under advisement”:
- McKINNEY: I have several motions up today, your Honor. I believe the first one we should address is the motion to disqualify this Court from continuing to have jurisdiction over this case. I have submitted a memorandum of the actions taken by this Court that I believe demonstrate the bias and prejudice of this Court.
- I think the first issue is on July 14th, 1999, when this Court issued a civil bench warrant (no bond) for contempt, alleging (Christine) had failed to appear on an order to show cause because hearing scheduled for that date. The problem with that is, your Honor, that a review of the transcripts indicates at that time the attorney representing Ms. Morrison was requesting an evidentiary hearing on her ability to pay. As such, the Court should have granted an evidentiary hearing on that matter and set the matter for hearing.
- However, the Court indicated that it was going to rule on that, that issue and at that time coming back in the afternoon; the defendant refused to return. It is my contention that the failure to give an evidentiary hearing was evidence of the bias, the fact that you were already going to rule on the motion before allowing an evidentiary hearing on her ability to work showed bias and prejudice by the Court.
- Additionally, the warrant was issued was for civil contempt and was made without a bond, and therefore was in violation of the laws that require on the civil contempt that the keys to the jail be in the hands of the contempt or. In this case, a bond should have been set that would have allowed her to not be placed in jail pending an ultimate hearing in this court.
- Additionally, on September 1, this Court again allowed to be heard and entered orders against the Defendant without notice or opportunity for her to defend, which violated her constitutional rights to due process.
- COURT: Where do you suggest that we would have sent her notice?
- McKINNEY: I would have suggested you send it to her last known address, or at least some effort be made to serve those. It seems to me what happened, in that case, was the Court allowed a judgment to be entered without notice, it then imposed a lien on property without notice, which then placed my client’s residence, real property, in the possession of the Plaintiff—again without notice.
- It caused her to be removed from her home, and she has now been out of her home since September 1, by the locks being changed by the Plaintiff under your court order. This was all done without any notice to, to the defendant. I have an affidavit from Ms. Frederick (Christine’s prior attorney) indicating she did not receive notice of any hearing. Also, Ms. Morrison is here.
- She received no notice of the hearing, and this Court proceeded to enter various orders, and what’s even more, I think, egregious in this case is that this was not even a motion that was originally or initially directed at the Defendant; it was directed at a non-party to the case, a Betty Morrison, who happens to be Ms. Morrison’s stepmother. The order that set it for hearing was an Order to Show Cause that only directed Ms. Betty Morrison be here. So, even the stepmother could not have advised her of what was going on at this hearing. Proceeding beyond that, actually allowing it, even had she been here, violated numerous and various statutes. I’ve mentioned them in my presentation of all the bias of the Court.
- First of all, under MCLA 566.11, the Uniform Fraudulent Transfer Act—that’s the statute under which the motion was brought—requires to obtain jurisdiction of all necessary parties including whoever the person who allegedly received the transfer along with the transferee, and that she’s also entitled to a jury trial on the issue of the fraudulent transfer. That is because when you are trying a title for fraudulent conveyance under MCLA 600.6131, the issue of fraudulent intent is a question of fact, and that question of fact is for the jury. It is not a question of law; therefore, in an action to try title, an action to declare an act of fraudulent conveyance, we have a right to a jury trial, number one, and number two, it is not to be handled in a summary proceeding by the issuance of a Show Cause order on someone who is not even party to the litigation.
- Next, I believe, the Plaintiff had cited MCLA 552.625 as support for issuing a lien on the support of the Defendant in this case, specifically her house. That statute specifically requires that it can only be entered after notice to the payer and an opportunity for a hearing. This Court, number one, didn’t require notice to the defendant, and number two, issued relief without the opportunity for a hearing, again, I believe, demonstrating bias and prejudice of the Court.
- Additionally, the Court violated Michigan law by imposing a lien upon the property. Under MCLA 552.27, the lien can only be imposed as a part of the Judgment of Divorce. In this case, there was no Judgment of Divorce. Under Wells v. Wells, 144 Michigan Appeal 722, the Court has no authority at that point under 552.27 to issue a lien on the property unless that right is reserved in the initial Judgment of Divorce, and it is not. More specifically, the Defendant’s property, including many items of personal nature, are exempt from execution under MCLA 600.6023. The Court allowed, in effect, the Plaintiff, prior to the finalization of the Judgment, have possession of all the items of property that are exempt from execution contained in her home, including pictures and so forth. I’ve cited the statute and provided all the things that are exempt from execution. Another thing is this Court allowed him to have possession of it.
- Now, let’s back up. The amount of the arrearage that was alleged at the time was in the neighborhood of $25,000. This condominium is worth approximately $70,000. There is an additional $20,000–$30,000 worth of personal property contained in that condominium.
- This Court allowed the Plaintiff, without any opportunity for the Defendant to appear or have any notice of the hearing, to seize those assets, and he’s now maintained those assets without bond, without any protection for or anything that would rightfully belong to the Defendant, and allowed him to have those since September 1, and have done nothing to return the property to the Defendant.
- By the way, we have requested it, and Mr. Perakis wrote me a letter that I received on Friday, indicating they will return the condominium that she’s been dispossessed of since September 1, by virtue of this Court’s order. Further, the statements made in open court by this Court also indicate that you have some prejudice against the defendant. Specifically, when I appeared here on September 23, this Court indicated, despite my filing of motions, that it would not hear any motions presented by me on her behalf until she appeared before you.
- Additionally, your Honor, on the issue of the Show Cause hearing, I have now requested an evidentiary hearing, and this Court has granted. This Court, when we appeared on October 7, conducted a hearing and proceeded to find my client in contempt prior to any evidentiary hearing, and therefore, it appears that any hearing on the issue of contempt has already been decided by this Court and would show that you have predecided the case, prior to any evidence being submitted. I presume the evidentiary hearing is going to establish that my client has not had the opportunity to work since December 10, 1998; therefore, she has no income.
- She also has medical restrictions that make her unable to continue her career, and therefore, to earn the type of income that she had prior. I believe we will also have evidence presented that she has, in fact, paid all child support arrearages; therefore, there is no reason for contempt proceedings to continue. On the issue of a motion to disqualify you.
- COURT: I would assume you want me to answer that issue before I rule on any more motions, right?
- McKINNEY: That’s correct.
- COURT: Okay. Counsel?
- PERAKIS: Your Honor, you know, with regard to your motion or his motion to disqualify you, this case has been up on appeal to the Court of Appeals in fact to disqualify you. When that issue was, was decided by Judge Nowicki, there was an appeal taken to the Court of Appeals in May of 1999. That appeal was dismissed. The application for leave to appeal was dismissed. That for leave to appeal by Ms. Morrison also included this issue of disability. That was once again dismissed by application, on the application for leave to appeal. Many of these issues you’ve been, had been before you on at least three or four occasions, you have made decisions in the past, and your Honor, what’s very ironic about this case and what Ms. Morrison has continued to do is abuse this court system, as I believe this Court is well aware.
- MACERONI: What’s disturbing to me is that if any bias was shown it was toward Ms. Morrison, especially when she was unrepresented by counsel. Motion to disqualify me is denied.
- McKINNEY: I have an order, your Honor.
- COURT: Counsel, as you well know, in my capacity as Chief Judge, you have every right to appeal this, but the Supreme Court Administrator’s office must assign someone other than one of my colleagues. Now, if you want to exercise your right, you go right ahead. If not, if you want me to rule on the other motions, I will.
- McKINNEY: No, your Honor. I do have additional motions, your Honor. Specifically, I have a motion for relief from the judgments that were entered on or about September 1, 1999, in this case. As I stated earlier, I believe that all of those orders were done without notice or opportunity to defend by Ms. Morrison, and in fact, since that time, although the Plaintiff still has possession of the property, the Judgment that underlines the presumed reason for giving him possession has been satisfied and there is no legal or factual basis upon which he should, number one, continue to maintain possession, and number two, continue to maintain a lien issued pursuant to a Judgment that has been satisfied in full.
- Additionally, as I indicated earlier, I believe that the orders were improperly obtained without notice or opportunity and in fact, violated numerous statutes and my client’s constitutional rights. Therefore, I’d ask that the judgments entered on September 1, which include the Judgment for back child support be set aside and vacated, the lien order also vacated, and the Plaintiff be ordered to return possession of the property to the defendant. It is my understanding that there’s also a videotape recording, at least from Mr. Perakis, of the items of personal property that were contained in the premises at the time (Mr. Hannaford) took over. I would like a copy of that videotape, so we can confirm what was there at the time he took over and what might be there when we retake possession. I would also like to have keys since he’s apparently changed the locks.
- COURT: Mr. Perakis, what are you suggesting to the Court?
- PERAKIS: What I’m asking, your Honor, is this: Is that if we were to take a look at what the future child support is, place a lien on the condominium to the full extent of its value, and allow that issue to be dealt with at a later date, so long as child support is current. If child support is current, the lien will be reduced as to each payment the child support occurs, and at the point that child support is paid-in-full, the lien will be released.
- COURT: Response to that?
- McKINNEY: Well, your Honor, there is no statutory requirement or authority to determine what “future child support” might be and impose a lien based upon what future child support might be. As of today, there is a zero balance on the Friend of the Court obligation here.
- What he’s asking you to do is to determine what this child support is going to be for the next eight years, impose a lien on the property to that extent. There is no basis for that in law. Bottom line here is this property, and beyond that (Christine) still, is being denied her property. It is one thing to impose a lien; it is another to lock the doors and keep her out, so she’s required to live on the streets. This is what the Court did by its order of September 1.
- COURT: On a piece of property that she didn’t even own, she deeded it to somebody else. I’m going to take the motion under advisement in connection with the lien, stand by your letter, return the premises to Ms. Morrison. What is your next motion?
- McKINNEY: My next motion is to abate de novo child support order and other relief. Your Honor, we had this hearing in front of the Friend of the Court, and my client and I have a doctor’s letter, a doctor’s affidavit, and deposition testimony indicating that she’s been disabled.
- COURT: I’ll give you an evidentiary hearing (Order granted 12/28/99 heard November 7, 2001).
- McKINNEY: Thank you, your Honor. And my final motion is a motion to quash the evidentiary hearing on the bench warrant. I have submitted a brief on the issue of the contempt hearing indicating that since this is civil contempt and since if the Court is attempting to punish the Defendant for past action, the past action of “not returning for an afternoon hearing,” which appears to be what the Court is considering, that is not civil contempt, but rather criminal contempt. She’s not been charged with criminal contempt, and there is no basis for this Court to continue with a civil contempt hearing when in fact, the underlying offense of the payment of child support has in fact been remedied by full payment.
- Also, the issue was addressed by this Court when we appeared on October 7 was the issue of Mr. Perakis’s fees. The Court had not set aside the September 1 order when this Court awarded him $2,165 in attorney fees, which have been paid. Mr. Perakis represented on the record those were the fees he incurred to collect the child support; therefore, it does not appear that even sanctioning her in terms of awarding additional attorney fees is appropriate, and therefore, the whole bench warrant issue and the evidentiary hearing should be quashed and dismissed. The bench warrant should be withdrawn.
Nine weeks later, my home was returned, but thousands of dollars in personal property were missing. The condo association placed a lien on the title due to non-payment of the association fees for nine weeks that I later had to pay. However, on November 18, 1999, a demand letter was sent to Mr. Perakis for the videotape inventory along with the return of missing property. Mr. Perakis did not respond. It was not until July 3, 2003, Hannaford released the unlawful lien clouding the title. PREDICTABLY, October 31, 2001, in a response letter by Michigan Attorney General, Jennifer Granholm to a grievance from my attorney about judicial misconduct, she wrote: “court decisions can only be reviewed or altered by appealing the decision to a higher court.” FACT: Multiple claims of appeals were filed and dismissed, rendering the Judiciary a safe haven for wrongdoing: https://www.bloomberg.com/opinion/articles/2021-05-30/how-qualified-immunity-would-have-protected-the-tulsa-mob I’ve long been an opponent of the judge-made doctrine, which protects government officials from most civil lawsuits for violating constitutional rights, unless the right in question is clearly established — meaning, as the Supreme Court explained in 2015, that “every reasonable official would have understood that what he is doing violates that right.”
- April 9, 2021: Inside the Winning Fight for Reparations in Athens, Georgia (theintercept.com) Fifty Black families were forcibly displaced from their homes in the 1960s. Now the descendants are seeking redress and a chance to testify before Congress
- May 7, 2021: 4 ex-cops indicted on US civil rights charges in Floyd death (msn.com) …charged with violating Floyd’s right to be free from unreasonable seizure, alleging they did not intervene…
- The lawsuit alleged, among other things, unlawful arrest, excessive use of force and violation of the 14th Amendment’s Equal Protection Clause. It also accused the officers of collaborating to conceal their actions@ https://www.cnn.com/2021/05/04/us/sterling-brown-milwaukee-police-settlement/index.html?
NO EQUAL PROTECTION UNDER THE LAW: Defrauding of the hardworking American taxpayer, welfare reform, and the role of the family court system@ http://www.gndzerosrv.com/Web%20Pages/cummings.htm ) Under the Estate Recovery program, the Michigan Department of Health and Human Services (MDHHS) will seek repayment of benefits received from Medicaid. Unless Medicaid beneficiaries file a “ladybird” deed that is an estate planning tool that enables a Medicaid beneficiary to protect their home (other assets?) as an inheritance from their state’s Medicaid Estate Recovery Program. Child support payors that become disabled or lose their job can be made homeless and told “pay or go to jail.”
FACT #4: (JUDGE #2) CHIEF MACARONI, STATE PARENTAL ALIENATORS
Troxel v. Granville, 530 U.S. 57 (2000) (domestic relations proceedings constitute state intervention that is so disruptive of the parent-child relationship that it triggers constitutional implications). Supporting the United States Supreme Court case (No. 15–754), On Petition for Writ of Certiorari to the Michigan Supreme Court, a Brief of Amici Curiae was filed on January 25, 2016, by attorney Patricia Barry for the outcome of the Adkins v. Adkins case, “because ex-parte proceedings are often used to deprive Mothers of custody in violation of their due process and equal protection rights” such as, in Macomb County Circuit Court, Chief Judge Maceroni:
June 4, 1999: Attorney Perakis filed an Ex-Parte Motion to Suspend and/or Restrict my Parenting Time.
June 14, 1999: The motion was heard in court, but I was not present due to lack of notice. The document was not served, and no proof of service was provided to me or my attorney.
June 15, 1999: I filed a motion to disqualify Chief Judge Maceroni.
June 17, 1999: My attorney filed objections to the FOC report:
- Defendant’s attorney further requests this hearing due to lack of notice and opportunity to defend Defendant during Plaintiff’s Motion to Suspend and/or Restrict Defendant’s Summer Parenting Time with Minor Child. Plaintiff’s counsel did not contact Defendant’s attorney to advise her that he was bringing this motion and failed to serve this motion upon her prior to hearing of this motion pursuit to Michigan Court Rules.
June 21, 1999: Chief Judge Maceroni signed an order in accordance with the FOC recommendation, despite timely objections. Appeal filed, in a remand order June 30, 2000, the higher court rules:
- The case be REMANDED to the circuit court (parental alienator/Maceroni) for a de novo hearing on the matter of Christine’s summer parenting time.
This June 4, 1999, motion impaired my ability to see my daughter for more than two years. A full summer and an additional one and half years were lost as a direct consequence, causing my child to feel abandoned by me. My ex-husband, the lawyers, and the Court did nothing to discount such a terrible impression and instead fueled it with further abuses for both me and my daughter. The parent-child relationship is not occurring in the Michigan Family Court system. Parenting time interference is contempt of court and is punishable.
July 14, 1999: Chief Judge Maceroni: NO BOND BENCH WARRANT
October 11, 1999: Attorney Perakis letter to my attorney, Mr. McKinney:
- My client is unwilling to allow visitation.
December 3, 1999: My attorney, Mr. McKinney’s letter to the FOC:
Take this letter as an additional request for a Show Cause against Plaintiff for his continual refusal of the minor child’s visitation with Defendant. Your office seems more intent upon forcing child support out of a documented disabled person (12/1998), demonstrating what appears clear bias in favor of the Plaintiff. For your review and consideration, I attach a copy of two additional letters from Dr. Miller that has been confirmed under oath. It seems incredible to me that the Friend of the Court and Judge Maceroni have failed to consider her disabled or at the very least her capacity to earn wages decreased.
October 30, 2000: Chief Judge Maceroni, Macomb County Circuit Court: Motion to Conform the Judgment of Divorce to the Consent Agreement Placed on the Court Record June 3, 1997, rules “motion taken under advisement.” October 24, 2000: Attorney Perakis response to the motion:
- The liberal parenting time was not part of the record (it was). Even assuming a mistake was made, which Plaintiff does not believe happened, the Court rule cited above-required defendant to file a Motion within one year of the Judgment. This motion is brought over three years after the Judgment of Default was entered. The relief requested is not available at this late date. Plaintiff does not concur in the relief sought by Defendant in this matter.
August 22, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial Aiello:
PERAKIS (drafted one-sided settlement): Because Mr. Aiello has made prior errors, which precluded her from having visitation with her daughter…She couldn’t be with her daughter, that’s it exactly.
Jeffrey D. Moffatt, Esq. filed a Michigan case: In The Supreme Court of the United States@ https://lawofficesofjeffreymoffatt.com/wp-content/uploads/2015/12/31677-pdf-Adkins.pdf
Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), established that the ability to have or not have a child is a fundamental right, and protected under the continuum of liberty. Equally protected is the fundamental right to be a family, and this is also a continuum of liberty. The twilight zone questions become:
1. How do Family Law Court systems throughout the United States and specifically the Family Law Court of Michigan come to be the only courts that are exempt from various provisions of the continuum of liberty, as well as significant portions of the United States Federal Constitution?
2. Whether Family Law Court systems throughout the United States and specifically the Family Law Court of Michigan have the unfettered right to cause disparate treatment, by failing to uphold United States Federal Constitutional laws, prescribed within Roe v. Wade, applicable to the Fourteenth Amendment?
Adkins Case #15-754: Only in the Family Law Court systems throughout the United States and specifically the Family Law Court of Michigan (hereafter, Family Court), do litigants walk into the courthouse and enter a time warp that takes them back more than 200 years ago when the Constitution did not exist. Rather than serving litigants by protecting their rights and interpreting the law, as charged by the Constitution, Family Court acts as a dictatorship with goals and objectives of its own, often in conflict with parents’ and children’s rights. Family Court has all the power and when their power and our rights conflict, we lose, which is repugnant to the Constitution. “We the People” created the government to serve us, not the other way around. If you observe Family Court today, it would be difficult for an outsider to determine that “We the People” don’t exist to serve Family Court. The culture of Family Court has become so relaxed that written laws aren’t followed and procedural due process requirements are ignored, so the parens patriae summary mode of decision making from a century ago is alive and well allowing Family Court to, on a whim, outright destroy the unfortunate unfree souls of “post-judgment” parents and children. With no safety (“substitute procedural safeguards,” Matthews v. Eldridge, 424 U.S. 319, 335 (1976)) and no liberty (familial rights free from government intrusion), many “post-judgment” parents and children of today are found to be receiving the same injustice as the slaves living in the same land as the Founders of the Constitution. Slaves were not only denied liberty, their enslavement certainly gave them no reason to feel secure and so the continuum of liberty did not apply to them. The Founders erected boundaries to limit liberty to those of their own kind in order to reap material wealth from others (slaves) deserving neither liberty nor security. In the current landscape of Family Court, the judicial system has erected boundaries to oppress “post-judgment” parents and children in order for those in the legal community, service providers, and adverse parties to reap material wealth.
August 20, 2013: Cole Stuart, JD, founder of California Coalition for Families and Children a parents’ rights group filed a federal racketeering lawsuit @ ccfc-v-sdcba-first-amended-complaint.pdf (wordpress.com) against family court judges, charge criminal extortion, bribery, abuse of office:
The abuses of parents and children by Family Courts, social workers, and family law attorneys have harmed children and parents for far too long. Family court is designed by makers to be probably the most dangerous life event parents and children can endure. And behind the curtain of this machine of misery we’ve uncovered its cause-the multi-billion dollar divorce industry, populated by judges, attorneys, and a machinery of tax-dollar fed “judicial administrators,” social workers that George Orwell would marvel at.
We’ve been delivering that message kindly for years now, yet the tide keeps rising on families in crisis. We’ve appealed to the county courts, state and local politicians, state judicial oversight bodies, United States Representatives, and just plain old human dignity, but the harassment and abuse of parents and children has only increased. A resort to federal court intervention in the widespread criminal collusion in state government was the next logical step.
It’s time to recognize Family Court for what it is—a corporate crime ring raiding parents and children of financial and psychological well-being, and devouring our children’s futures. And its not just divorce lawyers—its judges, “judicial administrators,” psychologists, cops and prosecutors—people we should be able to trust—in a modern day criminal cabal using county courtrooms and sheriff’s deputies as the machinery of organized crime. Since state officials’ hands are too deep into the cookie jar to stop their own abuse, we’re seeking the assistance of federal oversight.
Dr. Craig Childress: Attachment-Based “Parental Alienation” https://drcraigchildressblog.com/ Dr. Childress Comment 2021: Proposed APA (American Psychological Association) Guidelines for Custody Evaluations:
- The proposed Guidelines for Child Custody Evaluations in Family Court Proceeding are substantially flawed, far more flawed than can be elaborated in the limited space provided here for Comment. I have provided a more comprehensive Comment on the proposed Guidelines which is available publicly on my website (https://drcachildress.org/wp-content/uploads/2021/02/Proposed-Guidelines-Custody-Evaluation-Analysis-full-set-2-1-21.pdf).
- In 2018 a Petition to the APA signed by 20,000 parents was hand-submitted to the APA offices in Washington, DC asking for a redress of grievances regarding rampant and unchecked ethical violations in the practice of child custody evaluations and forensic psychology. The APA has made no response to parents regarding their grievances. The APA has shown complete and full contempt for the plight of parents in the family court system and the rampant unethical practices in forensic psychology surrounding child custody evaluations. These concerns continue. Comment on 1:
- Ethical Code Violations: Principle D Justice. The excessive cost of child custody evaluations ($20,000 – $40,000) prevents access to qualified psychological input in court cases to only the most affluent of clients, denying equal access to professional services as guaranteed by Principle D Justice of the APA ethics code.
FOSTER CARE/ADOPTION BILLION DOLLAR INDUSTRY: TITLE IV-E of the SOCIAL SECURITY ACT ENTITLEMENT matches the cost of foster care services and adoption subsidies with state agencies. Privatization of foster care has been a disaster for children | TheHill
On June 9, 2017, by Robert Franklin Esq., Member National Board of Directors, National Parents Organization blog post, he wrote: President Trump’s recently released budget includes massive increases in funding for what originated in the late 90s as a Hillary Clinton initiative, the Adoption and Safe Families Act. Read about that here (Chronicle of Social Change, 5/26/17). President Donald Trump’s 2018 budget proposal includes a slate of deep cuts and eliminations of programs aimed at serving youth and families but includes a hefty increase in the amount spent on an entitlement for foster care and adoption assistance. Title IV-E of the Social Security Act is an entitlement, which matches the cost of foster care services and adoption subsidies with state agencies. Trump’s budget proposal would boost spending to $5.5 billion for foster care and $2.9 billion for adoption. The comparable levels in fiscal 2016 were $4.8 billion and $2.6 billion, meaning Trump has included $1 billion more for IV-E, a 13.5 percent increase. Notice that the moniker attached to all this is “child welfare.” It’s anything but. As readers of this blog probably recall, the ASFA is that magical piece of legislation that pays hefty bonuses to states to take children into foster care and then adopt them out of foster care. In short, it’s a bounty system for the destruction of families. And sure enough, according to former state senator Bill Napoli, “When that money came down the pike, it was huge,” Napoli says. “That’s when we saw a real influx of kids being taken out of families.”
Child Policy – Overview – The Adoption And Safe Families Act Of 1997 | Failure To Protect | FRONTLINE | PBS: As an incentive to move more children out of foster care, states are eligible to receive up to $4,000 in federal funds for each foster child adopted beyond a baseline number, and $6,000 for each additional special needs child who is adopted. On the right are links to two book excerpts by experts with widely divergent views on ASFA, its provisions, and its effects. Dorothy Roberts, a professor of law at Northwestern University and author of Shattered Bonds: The Color of Child Welfare, argues that ASFA is a wrong-headed assault on family preservation that goes far beyond its goal of ensuring children’s safety and establishes “a preference for adoption as the means of reducing the exploding foster care population.” Elizabeth Bartholet, on the other hand, argues that ASFA has many loopholes and that, in fact, it does not go far enough to ensure children’s safety. A professor at Harvard’s law school and the author of Nobody’s Children: Abuse and Neglect, Foster Drift, and the Adoption Alternative, Bartholet writes that “ASFA may have left too much room for those in the child welfare system who are committed to family preservation to resist and evade [the law’s] apparent purpose.“
- 5/14/2021: https://pjmedia.com/news-and-politics/megan-fox/2021/05/14/nbc-airs-two-part-series-on-family-court-corruption-that-puts-kids-in-danger-n1447007#thm-comments
- 5/6/2021:https://www.cnn.com/2021/05/06/us/makhia-bryant-foster-care/index.html The foster care system is failing Black children and the death of Ma’Khia Bryant is one example, experts and attorney say.
- 4/23/2021: https://www.wnpr.org/post/listen-when-parents-are-incarcerated-too-often-separation-kids-becomes-permanent Eleanor Roberts and Destiny Lopez with the Criminal Justice Advocacy Clinic at Yale explained that the issue is a particular piece of 1990s federal legislation that creates financial incentives for states to do this.
- 3/26/2021: How Utah has let its many youth treatment centers off the hook
2/2/2021: On immigration, Biden signed executive order ordering a review of Trump’s deterrent policies along the border and created a task force to reunite families, calling their separation under the Trump administration a “moral and national shame.” 5/3/2021: ACLU https://t.co/yhWbSSp9iA Every separated family must be reunited with resources and care to address the harms they’ve endured. They also deserve citizenship and a commitment that such an atrocity will never happen again. We are pleased the Biden administration has now taken its first steps to address the harm caused by the Trump administration’s barbaric family separation practice and thrilled for the four families who will be reunited this week,” said Lee Gelernt, lead counsel in an ongoing class-action lawsuit that the American Civil Liberties Union brought against the policy in 2018. 5/6/2021: https://www.nbcnews.com/politics/immigration/biden-administration-may-bring-whole-families-u-s-reunite-separated-n1266561 Biden admin may bring whole families to U.S. to reunite with separated children, not just parents. Task force is working on a process where “immediate family members,” like siblings and stepparents, “can also apply.”
- SUCCESSFUL child litigation: (1) https://imprintnews.org/child-welfare-2/marcia-lowry-is-storming-new-york-city/31521 (2) May 26, 2004: Action to remedy federal and civil right violations and tortious conduct- settlement agreement of 7.5 million@ K.J.-v-DYFS-Complaint.pdf (childrensrights.org). (3) 1989-6-20_dc_lashawn_complaint.pdf (childrensrights.org) the Court ruled in favor of the plaintiffs, acknowledging the constitutional and statutory deficiencies of the Washington, D.C. child welfare system and ordered reforms to be undertaken. Yet, appeals and litigation fail for average citizens. Family court is a dysfunctional bureaucracy operating under unconstitutional policies and practices that demonstrate its deliberate disregard for TAXPAYER familiar relationships.
FACT #5: DISABLED 12/10/98: DENIED DOWNWARD CHILD SUPPORT MODIFICATION for THREE YEARS. CHILD SUPPORT MODIFIED 11/7/01, OVERPAID $15,000:
January 4, 1999, CM letter to the “Friend of the Court,” Susan Thorman Esq., Judicial Service Officer:
- I am off work indefinitely per Doctor Miller’s order. [ . . . ] I have been continually denied due process and at every turn had acts of nonfeasance inflicted upon me. It has been over three-and-a-half years without full disclosure, evidentiary hearings, discovery, or unanswered interrogatories so a fair, proper and equitable evidentiary hearing, with all the facts and full disclosure, may be conducted. Friend of the court personnel have repeatedly refused and failed to perform their clear legal duties in ensuring that all parties receive an equal application of the law and follow the clear guidelines in making their determinations.
- The Friend of the Court Act, 552.517a. Sec. 17a: The office (Friend of the Court) shall make available to payer’s form motions, responses, and orders for use by the payer in requesting the court to modify his or her child support order, or in responding to a motion for support modification without the assistance of legal counsel. The office shall make available instructions on preparing and filing the forms, instructions on service of process, and instructions on scheduling a support modification hearing.
January 4, 1999: Friend of the Court, Susan Thorman, Esq., Judicial Service Officer, responded immediately by issuing:
- Petition and Order to Show Cause for Contempt (Child Support), scheduled January 19, 1999, in Judge Maceroni’s court.
January 19, 1999: (Judge #2) Chief Judge Maceroni, Court Transcript:
- PERAKIS: We would ask you if, if jail is necessary, put her in jail. [ . . . ] She’s playing the game hoping that she would eventually be able to have a good excuse to not work.
- CHRISTINE: Objection. I have doctor’s documentation.
Judge Maceroni Court Order After Show Cause Hearing for Nonpayment of Support:
- Defendant to pay $1,343 on or before 1/29/99 and remaining child support balance on or before 2/26/99 or serve 30 days in Macomb County jail.
- Defendant responsible for medical bills assessed to account as of today, one-year submission rule required by FOC is abated. Defendant’s portion is 50%.
May 3, 1999: Chief Judge Maceroni Court Transcript:
- CHRISTINE: Okay, on the 4th of January (1999), I gave the Friend of the Court a letter, and on (paragraph) number 13, it said that I had a doctor’s letter, and I was indefinitely off work. Would you like to see that?
- MACERONI: This is your letter?
- CHRISTINE: To the Friend of the Court.
- MACERONI: To the Friend of the Court. All right. I’ll agree that paragraph 13 states, Further, defendant is off work indefinitely by Dr. Miller’s order.
- CHRISTINE: And the second to the last page, there should be Dr. Miller’s—
- MACERONI: I have that already. I have a disability certificate dated January 26 of ‘99.
May 12, 1999: Christine letter to the Friend of the Court, (no response): Notice and presentation of substantiated evidence in support of defendant’s disability with a request to process disability and modify child support.
July 14, 1999: Chief Judge Maceroni, NO BOND BENCH WARRANT:
- MACERONI: For the record, that is for contempt of court, so there will be no bond that will be set. She will be arrested and brought to this court forthwith.
July 17, 1999: Friend of the Court, Susan Thorman, Esq., Judicial Service Officer:
- Dear Judge Maceroni: On May 11, 1999, I had a show cause in front of you regarding the nonpayment of support on this file. [ . . . ] You indicated, on the record, on May 11, 1999, that if the woman was wrong regarding her objections (12/98 disability), she would be going to jail. [ . . . ] You have decided twice that her claim of disability is false or fraudulent because we were receiving Income Withholding payments (paycheck shows sick/vacation time paid to FOC) during the same time that she claimed disability.[ . . . ] Also, the doctor’s statements that she provided were not adequate.
February 4, 2000: FOC Susan Thorman, Esq., Judicial Service Officer:
- My response to the two issues you pose: our office cannot enforce visitation rights [. . . ] and no administrative adjustment on the support account will be forthcoming based upon your client’s disability.
October 5, 2000: Friend of the Court, Susan Thorman, Esq., Judicial Service Office:
- As I discussed with Mr. McKinney (my attorney), the Friend of the Court has a procedure for temporarily reducing support, which is afforded an individual upon their request and proof and which would not require them to file a motion for reduction. The specific requirements are a doctor’s statement with specific time periods and a specific medical diagnosis. On May 11, 1999, Judge Maceroni found that the disability certificate dated January 26, 1999, which stated that Ms. Morrison was off work “indefinitely” and secondly, the letter from Dr. Miller dated January 14, 1999, stated she would be off indefinitely “due to a specific medical problem requiring this type of advice” was not sufficient.
Fact #6: (JUDGE #4) OAKLAND COUNTY CIRCUIT COURT, LAWYER MALPRACTICE TRIAL (AEILLO): ISSUES (a) Settlement Agreement (NO CONSENT) =(b) Parental Alienation (c) No Accurate Financial Discovery
A successful attorney malpractice action by me against my attorney (Christopher Aiello) was improperly reversed on appeal, proving that lawyer misconduct is protected by higher courts in domestic relations and other cases. My attorney, Mr. Aiello, committed attorney malpractice by allowing an original and two amendments of the “Consent Judgment of Annulment” to be entered without client consent and when it was non-conforming to the settlement agreement placed on the divorce court’s record under oath, June 3, 1997, and the record is replete with financial discovery Mr. Aiello should have achieved in Macomb County Circuit Court. I incurred $100,000 in legal fees and costs due to having to have counsel try to fix the errors created by Mr. Aiello. My trial costs exceeded $220,000, and the state appellate courts improperly reversed the attorney malpractice trial. Attorney Aiello then unlawfully collected and liquidated $80,000 in my retirement accounts for taxed trial costs, in violation of holdings in the 2005 U.S. Supreme Court decision of Rousey v. Jacoway, and Florida retirement statute exemptions 222.14 and 221.21.
(a) SETTLEMENT AGREEMENT
August 17, 2001: Judge Templin, Oakland County Circuit Court, lawyer malpractice proceedings the cross-examination by Aiello’s own attorney, Mr. Geyer:
- GEYER: Your Honor, for the purpose of speeding things up, I’ll stipulate that the clients did not sign either amendment.
- COURT: Okay.
- HENRY: Or the original.
- GEYER: Or the original.
- HENRY: Thank you, I’ll accept the stipulation, then.
August 20, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial (Aiello):
- McKINNEY: Did your client rely on your professional judgment when you’re presenting her case?
- AIELLO: No.
August 24, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial (Aiello):
- McKINNEY: What did you do? You were presented with a problem as an attorney.
- AIELLO: Bailed out of the case.
- McKINNEY: How long have you been a lawyer?
- AIELLO: Probably too long.
- McKINNEY: You’re suggesting you got unsigned copies (financials) and you did nothing about it?
- AIELLO: I was fired. I was gone one month later. I was done. I was out of the case. Thank God. I got out of the case.
(b) PARENTAL ALIENATION: August 22, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial Aiello:
- PERAKIS (drafted one-sided settlement): Because Mr. Aiello has made prior errors, which precluded her from having visitation with her daughter… She couldn’t be with her daughter, that’s it exactly.
(c) NO ACCURATE FINANCIAL DISCOVERY BY AIELLO, SUBPOENAED FINANCIAL TRIAL EXHIBITS WERE BY MY ATTORNEY, MR. HENRY:
1994–1997: Financial Trial Exhibit Z: Financial Trial Exhibit Z: Analysis and Financial Summary of Bill’s Suburban, Inc., (Edward M. Hannaford): John F. Dery, CPA, CFE, CIRA the accounting firm specializing in litigation and forensic accounting, provided Hannaford’s business analysis and financial summary for the base years of 1994–1997, with findings of a net profit of $2,023,999 on adjusted gross receipts from Hannaford’s corporate federal tax returns.
1988–1996: Hannaford Trial Exhibit DD: Macomb County Circuit Court, Case # 88-4945-DM, Divorce Stipulation: Hannaford paid his first wife $1,600 per month: $150 per week in child support and $1,000 per month in a property settlement.
APRIL 15, 1992: My filing with the Friend of the Court, “Complaint about Child Support and Restitution” (against Hannaford): Macomb County Friend of the Court awarded Christine during a brief separation, $58 per week in child support (per child support guidelines?). August 24, 2001: Judge Templin, Oakland County Circuit Court, Lawyer Malpractice Trial (Aiello):
- HENRY: I am handing you what is marked as proposed Exhibit KK (1993: 1120 U.S. Corporate Short-Form Income Tax Return $253,725), and ask if you can identify this document, yes or no.
- HANNAFORD: 1993? I thought this was limited.
- HENRY: It’s not.
1994: Hannaford Financial Trial Exhibits:
- Trial Exhibit X: 1040 U.S. Individual Income Tax Return: $17,350: Friend of the Court File.
- Trial Exhibit Y: 1040 U.S. Individual Income Tax Return Reported to IRS: $42,350.
- Trial Exhibit KK: 1120-U.S. Corporate Short-Form Income Tax Return Reported to IRS: $253,725.
1995: Hannaford Financial Trial Exhibits:
- Trial Exhibit II: W-2 Wage and Tax Return: $24,800: Friend of the Court file.
- Trial Exhibit LL: 1120 -U.S. Corporate Short-Form Income Tax Return Reported to IRS: $297,777.
1996: Hannaford Financial Trial Exhibits:
- January 3, 1996: Friend of the Court Final Recommendation, by Lori Swidorski, Support Investigator: “Said investigation would indicate that Hannaford’s weekly income amounts to $404.66.”
- 1040 U.S. Individual Income Tax Return: $24,800: Friend of the Court file.
- Trial Exhibit NN: 1120 -U.S. Corporate Short-Form Income Tax Return: $327,717.
1997: Hannaford Financial Trial Exhibits:
- Trial Exhibit JJ: W-2 Wage and Tax Statement: $42,126.
- Trial Exhibit: 1120 -U.S. Corporate Short-Form Income Tax Return: $343,588.
THE STATE APPELLATE COURT IMPROPERLY REVERSED THE AIELLO ATTORNEY MALPRACTICE TRIAL: Judge Mester: Oakland County Circuit Court Orders:
- June 16, 2004: Bench Warrant for failure to appear at creditors examination, this Court ordered: The arrest of Defendant, Christine Morrison with a cash bond in the amount of $36,000 shall be posted for her release.
- February 9, 2005: Court order Ex-Parte: Ex-Parte Motion to Reinstate Bench Warrant.
- November 21, 2005: Order to Set Aside Bench Warrant: Judgment against Christine Morrison has been paid in full including costs and interest.
QUESTION: Is this ENDANGERMENT/ TERROR?
Fact # 1: After being prosecuted for attempted murder (shooting his uncle several times in broad daylight …), Hannaford was acquitted (book p. 48). Fact #2: Around 2004- 2005, I (and passenger) was chased on roads in Macomb County by a black SUV/dark windows, assume for the above Judge Mester bench warrant -cash bond of $36,000 for failure to appear at creditors exam (Aiello/attorney malpractice trial/NO CONSENT SETTLEMENT AGREEMENT). Fact #3: Around 2008, neighbors noticed an unknown male parked in a car down my street. I assume it was a process server (November 18, 2008, Judge Yokich) who came to my address and was told I was not there. He left and went to the neighbor’s house asking for my whereabouts, pulling a gun on the neighbor. Fact #4: November 26, 2020, via email to Christine: Background: As you may remember, few months back, I filed a new federal gag order case against Judge David B Katz. On 07/27/20 at around 7 pm my attorney Paul Clark (to help save me money) drove the process server Luis to serve Judge Katz at his residence. In retaliation, at 10.20 Judge Katz sent 3 cops-state troopers, armed and in civil dress to my residence, they banged my door for a long time, luckily I did not open the door. After that Paul Clark filed an ethics complaint against Judge Katz (which is already dismissed) and Judge Katz filed a ethics complaint against Paul Clark – investigation ongoing. Judge Katz was removed from my case by Judge Sallyanne Floria (A.J.S.C.).
https://publicadministration.un.org/en/news-and-events/calendar/ModuleID/1146/ItemID/3086/mctl/EventDetails As the UN Secretary-General Antonio Guterres has recently noted: “Corruption is the ultimate betrayal of public trust.” Family Courts’ failure to abide by the Rule of Law should be the subject of a UN Human Rights investigation. Next, Congress Must Ratify the Treaty for America to Join the International Criminal Court. Consider the intergenerational social and economic consequences to parents and children. In McGinn, the Court of Appeals explained the importance of finality in the context of divorce judgments: Public policy demands finality of litigation in the area of family law to preserve surviving family structure. Wikipedia: The U. S. Federal Bureau of Investigation (FBI) defines domestic terrorism as terrorism involving groups based in, and operating entirely within, the United States and its territories, without foreign direction. The FBI further divides domestic terrorism into three basic categories: right-wing, left-wing, and special-interest terrorism.
June 4, 2021: AG DANA NESSEL 2021 Many of the concerns you express are the result of state legislation. The Attorney General cannot change these laws. Rather, the Attorney General is dutybound to enforce the laws that have been enacted by the Legislature. Therefore, I suggest you contact your state representative or senator…
February/March 2021: Via e-mail
RE: (1) REQUEST to Michigan Senators/Representatives to sponsor legislation: Michigan Retroactive Legal System Accountability Act. (2) Investigate Michigan Family Court Fraud, Civil Rights Violations, Obstruction of Justice documented in my book summarized @www.judicialcriminal.com.(3) RESPONSE REQUEST FOR LEGISLATIVE ACTION
Dear Michigan Senators/Representatives,
I have reported and sought help for harm caused by Michigan court officers acts of misconduct. I believe the solution to this problem rests with the Michigan leadership for directives for prosecution of violations of law in Michigan courts of law. How can society avoid consequences of “positive law of the land” violations summarized @ www.judicialcriminal.com? One can assume only through legislation to end judicial/court officer impunity. These unprosecuted criminal violations of civil, constitutional, and/or human rights have allowed Michigan’s legal system to be abused and weaponized with impunity. Examples of criminal acts which are not being lawfully investigated, let alone prosecuted, are described in 18 U.S.C. Section 241 [Conspiracy against Rights]; 18 U.S.C Section 242 [Deprivation of Rights Under Color of Law]; and 18 U.S.C. Section 1346 [Intangible Right to Honest Services]. Especially concerning is the role of such crimes in violations of U.S. human rights treaties. I am a victim of legal system abuse and understand what lawmakers are up against. Suggested recommendations for investigation:
- The State of Michigan should create a task force to conduct appropriate state legislative hearings as well as criminal investigations to fairly and impartially confirm the extent of Michigan legal system abuse facilitated by unchecked judicial/court officer misconduct;
- Arrange for appropriate relief first and foremost, void ab initio judgments dated August 19, 1997, September 2, 1997, and September 8, 1997, for no consent. Include reparations all lawful relief (positive law) without regard for otherwise applicable statutes of limitations or similar tolling/limiting provision (ineffective avenues of redress and relief for the role of judges/court officers), to prevent recurrence in addition to bringing all responsible parties to justice for the harm caused by Michigan court officer acts of misconduct;
- Review Title IV-D federal incentive funding for Michigan’s child support enforcement agency/program for false claims of compliance with federal civil rights laws and the United States Constitution (the United States OCSE conducts an audit of each state’s program at least every three years) such as;
- February 10, 2009: Michigan Supreme Court Appeal #138219 Dismissed.
- August 21, 2001, Oakland County Circuit Court, Attorney Malpractice Trial: Suppression of financial material evidence:(1) Financial Trial Exhibit Z (book p.34, 82-83) or (2) Fact #6 @ www.judicialcriminal.com;
- 4. Since “(t)he most important obligation of the United States government under the Constitution is to protect its citizens’ unalienable rights, which it accomplishes by giving expression to those rights in the positive law of the land”, I request my Michigan Representatives present my book JUDICIAL CRIMINALS: The greatest Fraud Upon American Society – America’s Legal System summarized @judicialcriminal.com to the U.S. Congress to hear citizen testimony to create a task force (judicial/court officer reform); and
- 5. Lastly, positive law can change according to changing norms in society, now begs my request: legislators to create a Michigan retroactive legal system accountability act for judges/court officers.
April 9, 2021 Source: Announcement of the Biden Commission on the U.S. Supreme Court June 22, 2021: To The Biden Commission on Supreme Court reform; Investigative journalists; and Advocates of Honest Judiciaries:
Dear Commissioners, Journalists, and Advocates,
Kindly find my story of the abuse of power by judges that I have suffered and/or witnessed at https://www.veteranstoday.com/2021/06/16/family-court-judges-above-the-law-and-holding-them-accountable-and-liable-to-compensate-the-victims/
I am sending it to support my request that you hear me and similarly situated abusees at the “public meetings” that the Commission is mandated to hold. You should allow your “meetings” and your report to inform the national public of how justices and judges behave in practice, abusing their power for their gain and convenience because they are unaccountable and their abuse is riskless.
By contrast, if you limit yourself to a mere discussion of the theory of constitutional law on the Supreme Court, you will have allowed yourselves to be manipulated as a pretext for implementing the foregone political decision to “pack the Court”.
I also request that you journalists join forces with journalism, Information Technology, and business academics to expose judicial abuse of power at the unprecedented citizens hearings proposed by Dr. Richard Cordero, Esq.
At those citizens hearings, multidisciplinary panels of journalists and academics can take the testimony of abusees. They can do so live at media stations and university auditoriums across the country as well as via video conference to make it inexpensive and convenient for them and the public to attend. This can launch a MeToo!-like trend of public accountability here and abroad.
It is overdue: In the 232 years since the creation of the Federal Judiciary in 1789, the number of federal judges impeached and removed is only 8! For comparison, the number of federal officers on the bench on September 30, 2020, was 2,341. Federal judges need not fear losing their jobs. In practice, they have turned public power entrusted to them into the power of a State above the state.
The “meetings” and the citizens hearings can expose the nature, extent, and gravity of judges’ abuse. On that factual basis, the reform can be undertaken of not only the Supreme Court, where in the October 2019-September 2020 fiscal year only “73 cases were argued and 69 were disposed of in 53 signed opinions”, but also the lower federal courts, which terminated 1,103,337(page 10) in the year to September 30, 2020.
The citizens hearings can be expanded to take the testimony of victims of state judges, who are just as outrageous in their abuse of power. The hearings can thus lead to a reform that takes from judges the unaccountability that they have arrogated to themselves and gives back to We the People, the Masters of all public servants, what is our birthright: government by the rule of law where the People exercise their right to hold also their judicial public servants accountable for entrusted power and liable to compensate the victims of their abuse. Therefore, I request the opportunity to be heard also at the citizens hearings.
January 29, 2021 (e-mail): Dr. Richard Cordero, Esq. Exposing Judicial Unaccountability and Consequent Riskless Wrongdoing, and Advocating Judicial Reform (judicial-discipline-reform.org) Dear Mr. Kibler, Mrs. Ruggiero, Mrs. Morrison, and Advocates of Honest Judiciaries,
You have endured and overcome so much abuse at the hand of judges and their judiciaries, and you are still going on strong in your quest for justice…
January 6, 2021: An appeal to US Judge Robert Pratt and Associated Press reporter Ryan Foley (judicial-discipline-reform.org) … to dare expose judges’ criminality, not only President Trump’s; and hold unprecedented citizens hearings on judges’ unaccountability and consequent riskless crimes, abuse of power, and disregard of ethical standards…
Dear Judge Pratt, Mr. Foley, Mr. Messina, Mr. Nixon, and Advocates of Honest Judiciaries,
#2. He quoted you as saying, “It’s not surprising that a criminal like Trump pardons other criminals”.
#3. This is an appeal for you to be consistent and honest by applying to yourself and your fellow judge that very same principle to expose judges’ pardons of each other. Doing that requires more integrity and therefore is riskier than being flippant in ‘ridiculing Trump’s pardons’. However, you can do that on the solid basis of the facts discussed hereunder, which are known to you given that you have dealt as an insider of the judicial class for the more than your 20 years on the bench.
#4. By exposing judges’ reciprocal pardons, you can set off in the administration of justice, not only by the Federal Judiciary, but also by its state counterparts, transformative change: what goes into the process of change comes out transformed into a different system of justice where judges are held accountable for their conduct and liable to compensate their victims.
#5. If you can muster the necessary consistency, honesty, and integrity, you can exit the judiciary into retirement, not as yet another judge among thousands. Rather, you can bring down, not merely a top official and all his aides, as occurred in the Watergate scandal, which forced President Nixon to resign and sent all his White House men to jail in 1974, but a whole branch of government that judges, rendered unaccountable through reciprocal pardons, risklessly run as a criminal enterprise.
#6. That is how instead of ridicule as a hypocrite, you can earn praise as the main character of the bestseller and protagonist of the blockbuster movie/documentary ‘All the judges’ exposer’.
October 5, 2020: Americans Against Abusive Probate Court https://aaapg.net
Family Court –Another Equity Hellhole and Reuters Report on “The Teflon Robe” Posted on October 5, 2020 by Sam Sugar, MD in Uncategorized: I was recently contacted by a victim of Family Equity Court whose website is well worth a look —https://judicialcriminal.com/ –which meticulously details the outright criminality that passes for legal process in Family/Divorce Court. The pain inflicted by the racket that flourishes in these courts is as unbelievable as it is outrageous. We should not have to endure the thinly disguised racket that ruins lives of the young–children of divorce–, the young adult trying to escape a bad marriage or the elderly abused and exploited by the probate court insiders. We have much in common with victims of Family court, or should I say Family destruction court. And if you have not yet seen it, The Reuters Report on Judicial Misconduct is a great resource. See it here You can research the misdeeds of judges that were sanctioned at this Reuters database. Incredibly not one single Probate Court Judge in my State of Florida has ever been sanctioned from 2008 thru 2019 !!!
April 11-12, 2021: Guardianship Abuse Symposium via Zoom [email@example.com]: Presenter Morrison Family Court: https://onedrive.live.com/view.aspx?resid=5DA8C19320796548!5924&ithint=file%2cdocx&authkey=!ABwEzwFWIEdmF8M Turning The Guardianship Abuse Symposium into the event that launches the formation of a civic apolitical nondenominational single-issue movement for judicial abuse of power exposure, compensation of abusees, and transformational reform: http://Judicial-Discipline Reform.org/OL3/DrRCordero-Guardianship_Abuse_Symposium.pdf
- May 28, 2021: The Price of Care https://www.youtube.com/watch?v=V-v0zr7hyJU Investigating California Conservatorships ‘Set Up for Failure’ ‘Fight for Accountability‘
- March 8, 2021: Republicans Matt Gaetz and Jim Jordan try to free Britney Spears – CBS News: “This Congress, the Committee will work to advance critical legislation to protect and strengthen civil rights and civil liberties for all Americans.“
- February 19, 2021, Netflix: (Reality in Family Court?)‘I Care a Lot’ Review: The Art of the Steal – The New York Times (nytimes.com) Nasty people do terrible things in this wildly entertaining Netflix caper about guardianship fraud. A Real-World Response to The Movie (ABA): https://www.youtube.com/watch?v=CnP5LHlnN1Q
- January 22, 2021: The BAR in Florida is petitioning the legislature to seal all guardianship cases: TS Radio Network: Peggy Dupree…A predators ball in Florida | The PPJ Gazette
June 5, 2020: Statement from ABA President:
Lawyers have a special duty to address injustices done in the name of law. ABA President Judy Perry Martinez pledges action in her statement.
May 29, 2020: Researching Reform:
Parents Who Make Allegations of Abuse in Child Contact Cases – Voice of the Child Podcast by Natasha For our sixteenth Voice of the Child podcast we speak with Professor Joan Meier about the first ever nationwide study in the US on child custody cases which feature allegations of abuse, domestic violence and parental alienation, and how those allegations affect mothers’ contact rights in court. Professor Meier explains the findings from her research, raises concerns around “junk science” used in child cases, and calls for a Me Too Movement within the family courts to raise awareness about gender discrimination and the impact of gender bias on child protection.
November 3, 2019: Hon. Judge Aquilina via LinkedIn:
Looks like an interesting read. Our justice system is broken in so many ways….
July 7, 2019: News Agency News247WorldPress, Philomena O’ Grady:
Family Court: fraud the social, economic, political and national security “black elephant” that Australian politicians have refused to tackle and enforcement agencies refused to prosecute.
ATLANTA – Oct. 12, 2018: Dr. Zena Crenshaw-Logal https://www.prlog.org/12734665-un-human-rights-council-poised-to-address-prospe: ct-of-judicial-impunity-in-america.html
This week, the UN Human Rights Council (UNHRC) confirmed its willingness to entertain the prospect of America having a de facto policy of judicial impunity for persistent U.S. legal system abuse facilitated by unchecked judicial misconduct. The allegations were presented by Dr. Zena Crenshaw-Logal, co-administrator of Opt IN USA, a grassroots campaign for U.S. foreign policy reform, judicial accountability, and human rights. Opt IN USA is an initiative of National Judicial Conduct and Disability Law Project, Inc. (NJCDLP), a non-profit U.S. legal system reform advocate largely focused on appropriate judicial accountability in America.
Misconduct proliferates in areas of the Judicial System — not because remedies aren’t in place all the time or appear to lack oversight on the surface. In many cases, it’s due to the failure to enforce rules and compliance from within the system — resulting in apparatuses that often exists on paper or buried beneath bureaucracy — but in practice are a failure. This allows an environment with little accountability and ample judicial misconduct.” These views are of Stephen L. Krasner, a NJCDLP board member and author of “A Broken System: Family Court in the United States”.
California attorney DeAnn Salcido is a longtime NJCDLP supporter and retired U.S. family court judge. She explains, “As a Superior Court Judge I witnessed a judicial system that placed politics and personal gain over public safety. I observed my colleagues engage in gender bias against women in many types of court cases, especially those cases involving allegations of sexual or physical abuse. I was so disheartened by my colleagues’ chronic disregard of the public’s interest that I took the drastic step of becoming a whistleblower. I did so, knowing that to do so would end my judicial career. However, my conscience compelled me to expose the chronic misogyny, cronyism and special treatment by judges in favor of the powerful or wealthy.”
S.P.A.R.C: HR 1488, the HYDE-WOOLSEY Child Support Bill:
A California appeals court also declared that some Child Support incarcerations were a violation of the 13th Amendment for involuntary servitude *fn64. Federal enforcement of Child Support through the IRS, as proposed in H.R. 1488, is arguably unconstitutional by forcing the states to comply with Title IV-D *fn65. The United States Supreme Court stated *fn66, “Congress is without power to enlist state cooperation in a joint federal-state program by legislation which authorizes the States to violate the Equal Protection Clause.” and “[W]hile the Fifth Amendment contains no equal protection clause, it does forbid discrimination that is ‘so unjustified as to be violative of due process.’ In child support politics, the Constitution has become passé and encumbers or impedes the cash machine that has been created. In this entire domain of “Family Law” the Constitution as we know it has ceased to exist. “State judges, as well as federal, have the responsibility to respect and protect persons from violations of federal constitutional rights.” *fn67 This responsibility has been abandoned to pursue Title-IV funding for the states.
Judicial Accountability Testimony (Let Tennessee lead the nation reforming the corrupt judiciary)@ https://wethepeoplev50.com/videos
JANUARY 13, 2011: CALIFORNIA LEGALIZED ATTORNEY MALPRACTICE, in the Supreme Court decision, Cassel v. Superior Court. Professor Richard Zitrin of UC Hastings has written:(http://www.clrc.ca.gov/pub/2016/MM16-60s1.pdf): The Cassel case leads to an absurd result-one that allows lawyers to be sloppy, negligent, and incompetent without cost to them, and even worse, to cheat their clients with impunity.
- 2021 Whistleblower July 23-August 1, 2021
- Conversations with The Nation | Whistle-Blowing as a Moral Mission https://www.thenation.com/events/daniel-ellsberg-whistle-blowing-pentagon-papers/
UNITED NATIONS SHAPES WORLD HUMAN RIGHTS JURISPRUDENCE UN Special N° 685 Juin · June • UN / ONU (archive.org):Fifth, among the legal precepts developed by the Human Rights Committee, are the following:
- Governments are legally bound to take reasonable and appropriate measures to protect people within their jurisdiction or control.
- The law must strictly control and limit the circumstances in which a person may be deprived of his or her life by the authorities of the State.
- A State, by invoking the existence of exceptional circumstances cannot evade the obligations it has undertaken under international human rights law by ratifying the Covenant.
- Governments are under a legal obligation to ensure that remedies for violations are effective. Expedition and effectiveness are particularly important in the adjudication of cases involving torture.
- Where violations have taken place Governments must take measures to ensure that similar violations do not take place in the future.
- Women and men are entitled to equal treatment in the application of laws.
- Sixth, every lawyer, every judge, every public-spirited citizen, will want to consult this fascinating book; because it tells us what is legally right and legally wrong; how to judge our governments, our societies, our United Nations and ourselves.
5/17/21: UN Rights Chief @mbachelet: Administration of justice, including impunity, and the rule of law https://lib.ohchr.org/HRBodies/UPR/Documents/Session36/US/HCLetter-USA.pdf
- Retired UN independent expert Alfred-Maurice de Zayas:
- 12/11/20: My take on the US elections – interview to the Swiss-German journal “Zeitgeschehen im Fokus” – Alfred de Zayas’ Human Rights Corner (wordpress.com): “In a democracy, the citizen must demand genuine policy choices and a right to shape that policy. Voting for corporate figureheads is not democracy.”
- 4/13/21 –Alfred de Zayas’ Human Rights Corner (wordpress.com)“We live in the midst of fake news and fake law, in the midst of war crimes, crimes against humanity, genocide – and impunity, which thus far the United Nations and the mainstream media have tolerated...”
- 5/3/21: https://dezayasalfred.wordpress.com/author/alfreddezayas/ …an international scandal of judicial misconduct, and breakdown of the rule of law in the US, UK, SWEDEN, and ECUADOR
- 7/ 17/21: Sputnik News: Ex-UN Expert: Canada Residential Schools Just Part of 400-Year-Long Cultural Genocide of Natives American Holocaust (Oxford 1992). Over several past decades some leaders issued an official apology to the natives, de Zayas notes, stressing that it’s not enough. “In 1993 Bill Clinton issued an official US apology to the Hawaiian natives – words without any effort at rehabilitation or compensation,” he says. “In 2009 Barack Obama issued an apology to the American ‘Indians’ – a tree fell in the forest and nobody heard it. The media gave it zero attention, and it is hard to find the document on the internet. It was the hypocritical gesture of a conqueror who wants to preserve the conquests – and not give anything back.”
“Hypocrites are those who apply to others The standards that they refuse to accept for themselves.”–Noam Chomsky, philosopher.
- Richard W. Painter (@RWPUSA) Apr 22, 2021@ https://t.co/95gSieEbUF The politically sensitive but important question for DOJ: How many City Council members and other powerful politicians knew about racial profiling by police and said or did nothing about it?
- May 11, 2021: https://www.macombdaily.com/sports/report-university-of-michigan-missed-chances-to-stop-doctors-abuseThe fact that no one took meaningful action is particularly disturbing in light of the nature, scope, and duration of Dr. Anderson’s misconduct...
- “January 6 was a day of darkness for our country,” Pelosi said, and the “terror and trauma” to members and staff who were there is something she cannot forgive. She said there is no fixed timeline for the committee, which will investigate and report on the facts and causes of the attack and make recommendations to prevent it from happening again. https://www.uppermichiganssource.com/2021/06/24/reports-pelosi-creating-select-committee-jan-6/
- AG Nessel Provides Update on Public Integrity Cases: https://www.michigan.gov/ag/0,4534,7-359-92297_99936-561166–,00.html “It is imperative that those willing to protect and serve do so with utmost integrity,” Nessel said. “In instances where officers abuse their power and therefore disrespect the badge, our team stands ready to ensure accountability.”
- SENATOR PETERS 2021 “The role of law enforcement and government officials is to keep our state safe and serve the families they are sworn to protect. I will continue to work with my colleagues in Congress to find commonsense solutions to build trust in communities around the country, and I will carefully review legislation that comes before the Senate on criminal justice and policing reform, including the issue of qualified immunity.”
- https://www.miamiherald.com/news/local/crime/article228230499.htm ‘Perversion of Justice’
“There is no problem in this world, no crisis, no injustice, that we cannot solve together. If history tells us anything, it is that the impossible is possible.”—Prof. @DeborahNArcher addresses #NYU2021 graduates in today’s All-University Commencement. https://t.co/cPUrjHmGUI
- IMMUNITY https://www.nytimes.com/2021/05/22/opinion/qualified-immunity-police-brutality misconduct.html
- How police and politicians undermine civilian oversight of law enforcement – Washington Post When communities try to hold police accountable, law enforcement fights back
REPARATIONS: (1) Lawsuit Led By 105-Year-Old Seeks Reparations From Tulsa Race Massacre : Updates: The Fight Against Racial Injustice: NPR (2) California’s first-in-the-nation reparations committee confronts harms of slavery, debates direct payments | Entertainment News (entertainment–news.com)
- Corruption Is What Other People Do – The American Prospect Corruption Is What Other People Do The Biden administration has embarked on a global anti-corruption campaign. It should start with Washington.
- https://www.axios.com/afghanistan-war-failure-bush-obama-administration-106375e6-ebe2-40be-8944-f55e15b11e3e.html?utm_source=twitter&utm_medium=social&utm_campaign=organic&utm_content=1100 WaPo: American people misled for two decades over Afghanistan failures
Good people do not need laws to tell them to act responsibly, while bad people will find a way around the laws. –Plato
There is nothing more egregious than average citizens’ having their rights violated under the color of law with no effective redress, NONE. Let’s not forget the famous phrase, “We were just following orders.” “We were simply obeying the law.” Despite knowing it was very brutal, it was still the law. Remember the concept of natural law – that innate sense of justice? Such as, common sense or choosing what is right over what the rules are, laws do change. But what is right will always be right. The Government should acknowledge the lack of remedies available to victims of discrimination and provide sufficient judicial and administrative avenues through which such victims can seek compensation. Therefore, victims of legal system abuse denied a fair and impartial administration of justice, should receive reparations without regard to applicable statutes of limitations or limiting provisions due to ineffective judicial/administrative remedies. NEVER CONCEDE TO FRAUD. UNITED STATES v. THROCKMORTON. 98 U.S. 61, 25 L.Ed. 93 1878 ‘…Fraud vitiates EVERYTHING…” Is this in violation of constitutional and civil rights, human rights, unalienable rights, and U.S. human rights treaties? Where are the whistleblower law firms, lawyers, law clinics, law professors, public servants to protect victims of legal system abuse? Is the solution with the leadership of the United States or United Nations?
LAST WORDS: Alexander v. Bothsworth, 1915. “Party cannot be bound by contract that he has not made or authorized. Free consent is an indispensable element in making valid contracts.” At the core of civilization was a basic unit the “family” (natural law). The “natural right” of a TAXPAYER child, parent, and grandparent is (has) not occurring in Family Court. Is this destruction of the basic TAXPAYER family unit due to “positive law of the land” and/or Title IV-D federal incentive matching funds? TAXPAYER parents and children should not be treated as dollar signs for states’ TANF funding (Question: child kidnapping/trafficking for federal incentive payments/hidden shackles until child ages out of the system?). Is it time to end the failed Family Court industry and hold court officials accountable for deliberate deprivations of rights under color of law? Is it an abuse of power, abuse of office for private gain at the expense of the powerless?https://news.un.org/en/story/2021/05/1092132 Libya:‘Justice delayed is justice denied’, ICC chief prosecutor tells Security Council.