"He has a right to criticize, who has a heart to help." ~ Abraham Lincoln

Tuesday, March 5

Examining Judicial Accountability and Immunity - Florida"s 11th Judicial Circuit

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Location: Miami, FL 33128, USA
8 News NOW


Intentional Infliction of Emotional Distress

The first case to recognize a non-custodial parent’s cause of action based on the tort of intentional infliction of emotional distress was Sheltra V. Smith, 392 A. 2d 431 (Vt. 1978). In this case, the non-custodial parent brought suit for damages alleging that:

“defendant willfully, maliciously, intentionally, and outrageously inflicted extreme mental suffering and acute mental distress on the plaintiff, by willfully, maliciously, and outrageously rendering it impossible for any personal contact or other communication to take place between the (plaintiff and child).”  ~Id. at 433.

The Superior Court, Caledonia County, dismissed the complaint for failure to state of cause of action on which relief could be granted. The Supreme Court of Vermont, however, found that the plaintiff stated a prima facie case for outrageous conduct causing severe...



Family Court Judges Of The 11th Judicial Circuit,Miami-Dade County, FloridaCase #08-29595FC

10-27-2008

Judge Don S. Cohn


12-4-2008

12-16-2008

Judge Scott M. Bernstein

2-8-2009 -- 5-5-2011

Judge Maria Espinosa Dennis

4-3-2009

Judge Victoria R. Brennan


5-5-2011 -- 1-10-2012

Judge Scott J. Silverman

The Eleventh Judicial Circuit - State of Florida









Judicial-Discipline-Reform.org

Judicial-Discipline-Reform.org is a non-partisan and non-denominational website that advocates judicial reform, first at the federal level, through legislation prohibiting and penalizing judges’ acts of disregard for the law, the rules, and the facts. Such acts have become so consistent as to form a pattern of conduct pointing to the judges’ coordination of wrongdoing. The factors behind this conduct are the judges’ refusal to discipline themselves in court through the statutory mechanisms therefor, the resulting immunity from prosecution that they enjoy as a matter of fact, and the pursuit of unethical or illicit benefits that becomes an insidious motive when wrongdoing is riskless. Given these factors, the website has developed and keeps refining a plan of action to achieve judicial reform. Its first step to eliminate the wrongdoing within the courts that judges have felt safe to engage in is to expose through investigative journalism its prolongation outside the courts, where benefits are managed and enjoyed: illegal financial activity. (Motive of Judicial Wrongdoing & Strategy to Expose It; Dynamics of Corruption)

Cordero: Exposing Judges' Unaccountability and Consequent Riskless Wrongdoing:

Leonard Henderson at AFR News - 26 minutes ago
Subject: Re: On exposing unaccountable judges’ riskless wrongdoing and a plan of action to achieve legislated judicial reformDate: Sun, 3 Nov 2013 13:39:36 -0500From: Richard Cordero To: *ABSTRACT* of *Exposing Judges' Unaccountability and Consequent Riskless Wrongdoing*: Pioneering the news and publishing field of judicial unaccountability reporting and a Plan of Action to Achieve Legislated Judicial Reform Based on Transparency, Accountability, Discipline by Citizen Boards, and Liability of Judges and Judiciaries to Their Victims by *Dr. Richa... more »

In The Race for Governor: Anyone but Rick Scott. By Geniusofdespair

noreply@blogger.com (Geniusofdespair) at EYE ON MIAMI - 5 hours ago
Charlie Crist, Nan Rich, Anyone Else Who Will RunWhomever runs against Rick Scott I will vote for. Don't care about baggage. Crist was a great Governor, even as a Republican, and Nan Rich a great State Senator. If they find a third choice, I am open to it.
Deprivation of rights under color of law falls under Title 18, U.S.C., Section 242. This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the United States.

This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.
Acts under "color of any law" include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under "color of any law," the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.
Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Title 18, U.S.C. (United States Code), Section 241 is a federal statute designed to protect citizens from conspiracy to deprive rights. This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).
It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.
Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.
Florida defines the crime of kidnapping as the confinement, abduction, or imprisonment of another person against her or his will. The kidnapping must be committed "forcibly, secretly, or by threat" and without lawful authority. Furthermore, the person committing the crime must have the intent to (a) hold the kidnapped person for ransom or reward, or as a shield or hostage; (b) commit or facilitate the commission of any felony; (c) inflict bodily harm upon or terrorize the victim or another person; or (d) interfere with the performance of any governmental or political function. For purposes of the statute, the confinement of a child less than 13 years old is "against her or his will" if the offender confines the child without the consent of his or her parent or legal guardian.
(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any minor or any incompetent person from the custody of the minor’s or incompetent person’s parent, his or her guardian, a public agency having the lawful charge of the minor or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(1) Except as provided in subsection (2), whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding in regard to any material matter, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(2) Whoever makes a false statement, which he or she does not believe to be true, under oath in an official proceeding that relates to the prosecution of a capital felony, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Knowledge of the materiality of the statement is not an element of the crime of perjury under subsection (1) or subsection (2), and the defendant’s mistaken belief that the statement was not material is not a defense.
Florida Statutes 92.525 Verification of documents; perjury by false written declaration, penalty.—
(1) When it is authorized or required by law, by rule of an administrative agency, or by rule or order of court that a document be verified by a person, the verification may be accomplished in the following manner:
(a) Under oath or affirmation taken or administered before an officer authorized under s. 92.50 to administer oaths; or
(b) By the signing of the written declaration prescribed in subsection (2).
(2) A written declaration means the following statement: “Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true,” followed by the signature of the person making the declaration, except when a verification on information or belief is permitted by law, in which case the words “to the best of my knowledge and belief” may be added. The written declaration shall be printed or typed at the end of or immediately below the document being verified and above the signature of the person making the declaration.
(3) A person who knowingly makes a false declaration under subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) As used in this section:
(a) The term “administrative agency” means any department or agency of the state or any county, municipality, special district, or other political subdivision.
(b) The term “document” means any writing including, without limitation, any form, application, claim, notice, tax return, inventory, affidavit, pleading, or paper.
(c) The requirement that a document be verified means that the document must be signed or executed by a person and that the person must state under oath or affirm that the facts or matters stated or recited in the document are true, or words of that import or effect.
Florida's Witness Tampering Statute is patterned on the Federal Witness Tampering Statute and you can look to Federal case law in interpreting the statute in absence of applicable state law cases.
Tampering with a witness, victim, or informant. Florida Statutes defines this charge as follows:
Florida Statute 914.22 Tampering with a witness, victim, or informant.--
(1) A person who knowingly uses intimidation or physical force, or threatens another person, or attempts to do so, or engages in misleading conduct toward another person, or offers pecuniary benefit or gain to another person, with intent to cause or induce any person to:
(a) Withhold testimony, or withhold a record, document, or other object, from an official investigation or official proceeding;
(b) Alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official investigation or official proceeding;
(c) Evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official investigation or an official proceeding;
(d) Be absent from an official proceeding to which such person has been summoned by legal process;
(e) Hinder, delay, or prevent the communication to a law enforcement officer or judge of information relating to the commission or possible commission of an offense or a violation of a condition of probation, parole, or release pending a judicial proceeding; or
(f) Testify untruthfully in an official investigation or an official proceeding,
commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As you can see, this charge requires intent and knowledge. The offender must know that the victim is a witness, victim, or informant in some type of judicial proceeding, and the offender must act with the intent to get that person to alter their testimony, evade the court, or destroy evidence.
18 USC § 1512 - Tampering with a witness, victim, or an informant
(a)(1) Whoever kills or attempts to kill another person, with intent to—
(A) prevent the attendance or testimony of any person in an official proceeding;
(B) prevent the production of a record, document, or other object, in an official proceeding; or
(C) prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat of physical force against any person, or attempts to do so, with intent to—
(A) influence, delay, or prevent the testimony of any person in an official proceeding;
(B) cause or induce any person to—
(i) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(ii) alter, destroy, mutilate, or conceal an object with intent to impair the integrity or availability of the object for use in an official proceeding;
(iii) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(iv) be absent from an official proceeding to which that person has been summoned by legal process; or
(C) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation, supervised release, parole, or release pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3) The punishment for an offense under this subsection is—
(A) in the case of a killing, the punishment provided in sections 1111 and 1112;
(B) in the case of—
(i) an attempt to murder; or
(ii) the use or attempted use of physical force against any person;
imprisonment for not more than 30 years; and
(C) in the case of the threat of use of physical force against any person, imprisonment for not more than 20 years.
(b) Whoever knowingly uses intimidation, threatens, or corruptly persuades another person, or attempts to do so, or engages in misleading conduct toward another person, with intent to—
(1) influence, delay, or prevent the testimony of any person in an official proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a record, document, or other object, from an official proceeding;
(B) alter, destroy, mutilate, or conceal an object with intent to impair the object’s integrity or availability for use in an official proceeding;
(C) evade legal process summoning that person to appear as a witness, or to produce a record, document, or other object, in an official proceeding; or
(D) be absent from an official proceeding to which such person has been summoned by legal process; or
(3) hinder, delay, or prevent the communication to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, [1] parole, or release pending judicial proceedings;
shall be fined under this title or imprisoned not more than 20 years, or both.
(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a record, document, or other object, or attempts to do so, with the intent to impair the object’s integrity or availability for use in an official proceeding; or
(2) otherwise obstructs, influences, or impedes any official proceeding, or attempts to do so,
shall be fined under this title or imprisoned not more than 20 years, or both.
(d) Whoever intentionally harasses another person and thereby hinders, delays, prevents, or dissuades any person from—
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or judge of the United States the commission or possible commission of a Federal offense or a violation of conditions of probation [1] supervised release,, [1] parole, or release pending judicial proceedings;
(3) arresting or seeking the arrest of another person in connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole or probation revocation proceeding, to be sought or instituted, or assisting in such prosecution or proceeding;
or attempts to do so, shall be fined under this title or imprisoned not more than 3 years, or both.
(e) In a prosecution for an offense under this section, it is an affirmative defense, as to which the defendant has the burden of proof by a preponderance of the evidence, that the conduct consisted solely of lawful conduct and that the defendant’s sole intention was to encourage, induce, or cause the other person to testify truthfully.
(f) For the purposes of this section—
(1) an official proceeding need not be pending or about to be instituted at the time of the offense; and
(2) the testimony, or the record, document, or other object need not be admissible in evidence or free of a claim of privilege.
(g) In a prosecution for an offense under this section, no state of mind need be proved with respect to the circumstance—
(1) that the official proceeding before a judge, court, magistrate judge, grand jury, or government agency is before a judge or court of the United States, a United States magistrate judge, a bankruptcy judge, a Federal grand jury, or a Federal Government agency; or
(2) that the judge is a judge of the United States or that the law enforcement officer is an officer or employee of the Federal Government or a person authorized to act for or on behalf of the Federal Government or serving the Federal Government as an adviser or consultant.
(h) There is extraterritorial Federal jurisdiction over an offense under this section.
(i) A prosecution under this section or section 1503 may be brought in the district in which the official proceeding (whether or not pending or about to be instituted) was intended to be affected or in the district in which the conduct constituting the alleged offense occurred.
(j) If the offense under this section occurs in connection with a trial of a criminal case, the maximum term of imprisonment which may be imposed for the offense shall be the higher of that otherwise provided by law or the maximum term that could have been imposed for any offense charged in such case.
(k) Whoever conspires to commit any offense under this section shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy
Pattern and Practice falls under Title 42, U.S.C., Section 14141. This civil statute was a provision within the Crime Control Act of 1994 and makes it unlawful for any governmental authority, or agent thereof, or any person acting on behalf of a governmental authority, to engage in a pattern or practice of conduct by law enforcement officers or by officials or employees of any governmental agency with responsibility for the administration of juvenile justice or the incarceration of juveniles that deprives persons of rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.
LAW DAY, U.S.A., 2013
- - - - - - -
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
As a Nation, we are bound together not by the colors of our skin, the tenets of our faith, or the origins of our names. What unites us as Americans is our allegiance to an idea articulated more than two centuries ago: that "all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness." In the years since that declaration, we not only forged a Republic of, by, and for the people; we also set ourselves to the task of perfecting it, and bridging the meaning of those words with the realities of our time.
This Law Day, we look back on our long journey toward equality for all. We reflect on the Emancipation Proclamation, issued by President Abraham Lincoln 150 years ago to mend a Nation half-slave and half-free under the unifying promise of liberty. We remember when Dr. Martin Luther King, Jr., stood in Lincoln's shadow a century later and gave voice to a dream, sounding the call for an America that truly lives out the meaning of its founding creed. We honor the courageous men and women who fought to bring those ageless ideals of freedom and fairness into the rule of law -- from the Civil Rights Act and the Voting Rights Act to Title IX and the Americans with Disabilities Act.
Even now, that work is not yet finished. Opportunity remains painfully unequal for too many among us; justice too often goes undone. Law Day is a chance to reaffirm the critical role our courts have always played in addressing those wrongs and aligning our Nation with its first principles. Let us mark this occasion by celebrating that history, upholding the right to due process, and honoring all who have sustained our proud legal tradition.
NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, in accordance with Public Law 87-20, as amended, do hereby proclaim May 1, 2013, as Law Day, U.S.A. I call upon all Americans to acknowledge the importance of our Nation's legal and judicial systems with appropriate ceremonies and activities, and to display the flag of the United States in support of this national observance.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of April, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty-seventh.
~BARACK OBAMA

Where is the Justice?


We only support organizations who show an understanding that children need both parents, and that either parent is equally capable of the choice to perpetrate hate or declare peace.






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Posted by Children's Rights on Sunday, November 3, 2013

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