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Free Speech Watch ~ Freedom of speech issues collide with governmental imperatives

Free Speech Watch: Prior Restraint Makes a Comeback as US Courts Seek to Squelch Dissent

13137865Barbara Stone was only able to get out of jail when she agreed to stop blogging. Patty Reid is on the lam. Cary-Andrew Crittenden may be facing further jail time for his efforts to inform others about problems in the Santa Clara County legal system. And Ginny Johnson is under a gag order which nearly eventuated in a close encounter with a jail cell.

All these individuals are experiencing, up close and personal, the limits of free speech when that speech inconveniences someone more powerful than they. Twenty, thirty years ago none of these individuals would have faced the grave legal problems they now confront. But thirty years ago, the legal system in the US was not yet in free fall.

The devolution of the US legal system is evidenced in the existence of a dual legal system, wherein there abides two parallel—and often contradictory—systems of law. One system is the written code—the Constitutional and statutory mandates. The other system is what a judge does in his courtroom. And increasingly, judges are acting like monarchs, unaccountable to anyone.

This is well expressed when First Amendment (freedom of speech) issues collide with governmental imperatives.  Prior restraint, that is the imposition of gags or inhibitions on speech not yet spoken, is illegal in the US, according to the written code. Increasingly, however, judges are issuing orders which amount to prior restraint when an individual’s speech becomes politically inconvenient.

A previous article discussed the plight of Barbara Stone, whose mother is under a guardianship in Dade County, Florida. Upon visiting her mother in the home in which the guardian had placed Helen Stone, Barbara was shocked to find her mother emaciated and on a feeding tube. Barbara then allegedly took her mother to lunch.

She was subsequently arrested and charged with “custody interference,” and up until recently was confined to house arrest, an electronic tracking bracelet ensuring her compliance.

The problem was that Barbara would not shut up. She filed a number of lawsuits against guardianship court Judge Michael Genden and also against guardian Jacqueline Hertz and her attorney, Roy Lustig, as well as criminal court judge Victoria Brennan and Governor Rick Scott. She also launched a blog with the purpose of exposing the parties involved in what she termed the continuing abuse of her mother. Tiring of her complaints, Judge Genden charged her with criminal contempt for failing to show up at a court hearing and Barbara went into lock-up.

This past week, Stone, who is licensed to practice law in the state of New York, secured her release from jail at a significant price. She has agreed to stop blogging and also, significantly, to not file further papers in her mother’s case without a lawyer. In other words, the price of her freedom was prior restraint.

Stone’s situation is not unique. Recently, the  Washington Post ran an article in which  attorney Eugene Volokh, summarized the issue as follows:  ”….criminal harassment laws and restraining order laws have been morphing from restricting unwanted speech  to people into restricting speech about people.” (emphasis added)

While the law previously focused on protecting people who didn’t want to be contacted by certain people, Volokh has noted that“courts and prosecutors have increasingly used these laws to cover statements said to the public at large about particular people.” 

Fellow Floridian Patty Reid attempted to support Barbara Stone. Reid, who worked in the nursing home wherein Helen Stone had been placed by her guardian, filed an affidavit with the court, stating that Helen was not being adequately cared for in the home and wished to return to her own home and live with her daughter, Barbara.

Reid has a son who is under a guardianship. Landon Reid, who is twenty years old, has been blind from birth but other than that, states his mother, has no  disabilities. Shortly after Reid filed her affidavit in the Stone matter, she was summoned to court to have her custody of her son revoked. She was also let go from the nursing home.

And that is when Patty and Landon fled. In a recent interview with Patty, who is in an undisclosed location, she stated the following:

“I have cared for my son since birth. Why would I ever turn him over to a court which has proven itself to be abusive to its wards?” 

Several years ago, a New York woman named Nellie Lopez, who has a disabled daughter, also fled the jurisdiction when her daughter was facing institutionalization, on the orders of the guardian. Lopez was subsequently arrested by the FBI.

In Northern California, Cary-Andrew Crittenden is now facing jail for making politically charged allegations, publicly, concerning “particular people.” In this case, the particular people are public servants in Santa Clara County, California, whom Crittenden has alleged are violating the law with impunity. In pursuit of correcting what he believes were wrongs done to others, he utilized the internet to post banners, featuring pictures of SC County police officers, as well as a summary of their apparent wrongdoing, with their phone numbers and addresses. One of his banners names a former San Jose police officer, Robert Ridgeway, whom Crittenden alleges evicted a brain damaged woman from her home, under questionable circumstances.

Crittenden was charged with “using an electronic device to harass and instill fear.”  He pled no contest and was released after a couple of days. He was shortly re- arrested for a probation violation. The violation revolved around a further public internet posting. He served twenty days and a few months later was again re-arrested.

Crittenden was sitting in a Starbucks in Palo Alto this past February when approached by Santa Clara County plainclothes detectives. Detective Tarazi demanded the password for the computer that Crittenden was using. He replied that the computer belonged to a Heidi Yauman and declined the request. Crittenden was subsequently arrested again and charged with another probation violation.  This time, Crittenden spent forty days in jail.

One of the concerns which prompted Detective Tarazi to approach Crittenden at Starbucks was a posting about a deputy district attorney, James Leonard. According to the police report, this posting  “indicated DDA Leonard was a corrupt attorney and a parasite.”

In the process of reviewing Crittenden’s allegations and his several arrests, this reporter did a search for James Leonard’s financial transactions vis a vis his home loans, on the Santa Clara County Grantor Grantee index. It is known that members of the government legal profession, be they district attorneys or judges, have laundered pay offs through their home loans

The search for Leonard’s home loan history produced concerning results. It appears that Leonard has reconveyed loans on his personal property no less than ten times in the past fourteen years. This excessive loan activity is generally seen as a red flag, indicating that a public official may very well be feeding at the “pay off/bribe/money laundering” trough.

This information was forwarded to the Santa Clara County DA’s office and a request for reply was tendered. At the time of going to press, no reply has been received.

Ginny Johnson, who is a business owner in Raleigh, North Carolina, has also fallen prey to the “particular people” caveat. Johnson’s father, WWII veteran Hugh Beverly Johnson, went under a guardianship with an attorney named Linda Funke Johnson (no relation) as court-appointed guardian.  In an application for a temporary restraining order filed by Linda Johnson in August of 2014, she stated that Ginny had sent out emails, to her and to others, alleging that the guardian had “mismanaged her father’s real property and personal belongings and abused Defendant’s father.”

Without any finding of libel or slander by a court of law, Linda Funke Johnson declared these emails to be defamatory and injurious to her profession as a lawyer. Her request for a restraining order was granted without any evidence being tendered that Ginny Johnson’s allegations were false.

The order, signed by Judge Kendra Hill, stated that Ginny Johnson shall “neither communicate nor have contact of any kind, with or concerning Linda F. Johnson.” The judge went on to order that “Violation of this order shall be punishable by criminal contempt of court, including the possibility of imprisonment.”

That is some protection racket….

As Administrator of her father’s estate, Ginny Johnson has sued Linda F. Johnson, alleging that she dumped Hugh Johnson’s home, valued at $1,179,907.00 dollars, for $683,000.00.  In addition, the complaint filed by Ginny Johnson against the guardian alleges that Linda Johnson used proceeds from the sale of Hugh’s home to pay encumbrances on that property which were the responsibility of her sibling, Susan Morton. That lawsuit is pending in court.

The above cases are indicative of a trend in jurisprudence which effectively squelches outcries of dissent. As attorney Ken Ditkowsky has written,

“Free Speech is dangerous to the health of dishonest political figures.”

“The Rule of Law is not only aborted, but the core values of America are sold to the highest bidder. Statutes reiterating the Rule of law are rendered impotent – not by corrupt judicial decree, but by fraud on the part of judicial officials charged with protecting the public.”

“The American Bar Association is silent.  The ACLU is silent….   The Civil Rights organizations are silent.   Political figures running for office are silent.  Who is defending the Constitution and our liberty?” 

After over fifty years of practicing law in Illinois, Ditkowsky was suspended from the legal profession by the Illinois Attorney Registration and Disciplinary Commission for the act of sending emails to government officials asking for an honest and comprehensive investigation into the abuses going on in guardianship proceedings. Attorney JoAnne Denison, also licensed to practice in Illinois, was suspended for running a blog, marygsykes.com, critical of guardianship practices in Illinois and elsewhere

Janet C. Phelan, investigative journalist and human rights defender that has traveled pretty extensively over the Asian region, an author of a tell-all book EXILE, exclusively for the online magazine “New Eastern Outlook.




UPDATE - Judge and Marshall FIRED!!!

8 News NOW

After a serious accusations from Monica Contreras, who says a court marshal ordered her into a side room at the court and sexually assaulted her, and another incident where a family court lieutenant allegedly choked a woman, family court leaders reached out to advocacy groups for help.

Together, the advocacy groups created a memo of more than 15 items they say need to be changed at the family court.

The list is something Lisa Lynn Chapman of Safenest says they've been waiting years for.

"They said, 'you're right. We are having problems. And we're going to address these.'" Chapman said.

One of the first changes will be how those on the bench are allowed to interact with domestic violence victims, like Lisa Reed.

The bruises are long gone from Reed's face, but the remarks from her court hearing master stay with her.

"It looks like someone played tennis with my face," Reed said.

She is barely able to see because of her injuries. She says the remarks from the bench were insensitive at her most vulnerable.

"Are you making a joke out of something where I was almost died?" Reed said.

Reed says there are even bigger problems for people seeking protective orders, including a lack of barriers between victims and attackers facing off in court.

"You could be sitting on the same row with the person who victimized you," she pointed out.

Family Court Judge Frank Sullivan is leading the reforms.

He says all hearing masters will undergo domestic violence education and mandatory sensitivity training.

"Just the wording you say can send the wrong message," Judge Sullivan said.

Sullivan says a lack of information is what contributed to problems in Temporary Protective Order hearings.

"To be honest, I don't think we had enough judicial oversight that was going on," he said.

Survivors like Reed are glad changes are coming but are still hesitant.

"It depends on the changes they plan on making," she said.

She says sweeping reforms are a must to help others.

8 News NOW



Our justice system is broken, no one wants to address the fact that good cops won't expose the bad. That innocent people exposing corrupt or dishonest judges are terrorized.

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.

3 comments:

  1. How to file complaints against Florida Judges and Florida Lawyers?

    Florida Judge Complaints
    Contact the Florida Judicial Qualifications Committee. To file a complaint about a judge in Florida: http://www.floridasupremecourt.org

    Write to the Florida Judicial Qualifications Committee.

    Florida Judicial Complaint Mailing Address
    Judicial Qualifications Committee
    1110 Thomasville Road
    Tallahassee, FL 32303

    Telephone
    850-488-1581

    Florida Lawyer Complaints
    Florida Bar handles complaints about lawyers in Florida. To file a complaint about a lawyer in Florida: http://www.floridabar.org

    Lawyer Complaint Mailing Address
    Florida Bar
    651 E. Jefferson Street
    Tallahassee, FL 32399-2300

    Telephone
    850/561-5600

    Complaints about Florida Judges and Florida Lawyers
    Each State has its own procedures for filing complaints against judges. All states require a written and signed complaint. Some states have a form for you to fill out. Other States request a letter. Grievances of misconduct usually concern issues of conflict of interest or impartiality. Adverse rulings or judgments are not considered legitimate grievances. You must support the complaint about the Florida Judge with sufficient documentation. Contact the Florida Judicial Qualifications Committee.

    All states maintain an agency to process lawyer complaints. These disciplinary counsels can usually be found as a department of the state bar association or as a branch of the state supreme court. Complaints can be filed by filling out a form supplied by the disciplinary counsel or by writing a letter to Florida Bar.

    Check the Florida web site http://www.floridabar.org to find the requirements for a complaint about a Florida Lawyer.

    ReplyDelete
  2. “Justice is a part of the human makeup. And if you deprive a person of Justice on a continuous basis, it’s really an attack (and not to get religious or anything) but it’s an attack on the human soul. We have, as societies, evolved ideas of Justice and we have done that because human nature needs Justice and it needs resolution. And if you deprive somebody of that long enough they’re going to have reactions…” ~ Juli T. Star-Alexander – Executive Director, Redress, Inc.

    Redress, Inc. 501c3 nonprofit corporation, created to combat corruption. Our purpose is to provide real assistance and solutions for citizens suffering from injustices. We operate as a formal business, with a Board of Directors guiding us. We take the following actions to seek redress: Competently organize as citizens working for the enforcement of our legal rights. Form a coalition so large and so effective that the authorities can no longer ignore us. We support and align with other civil rights groups and get our collective voices heard. Work to pass laws that benefit us and give us the means to fight against corruption, as is our legal right, and we work to repeal laws that are in violation of our legal rights. Become proactive in the election process, by screening of political candidates. As individuals, we support those who are striving to achieve excellence, and show how to remove from office those who have failed to get the job done. Make our presence known through every legal means. We monitor our courts and judges. We petition our government representatives for the assistance they are bound to provide us. We publicize our cases and demand redress. Create a flow of income that enables us to fight back in court, and to assist our members impoverished by the abuses inflicted on us. Create the means to relieve the stresses on us, as we share information and support each other. We become legal advocates for each other; we become an emotional support network for each other; we problem solve for individuals on a group basis! Educate our judges, lawyers, court personnel, law enforcement personnel and elected leaders about our rights as citizens! Actively work to eliminate incompetence, bias/prejudice, special relationships and corruption at all levels of government! Work actively with all media sources, to shed light on our efforts. It is reasonable to expect that if the authorities know we are watching and documenting, that their behaviors will improve. IT'S A HUGE TASK! Accountability will not happen overnight. But we believe that through supporting each other, we support ourselves. This results in a voice for justice and redress that cannot be ignored. Please become familiar with our web site, and feel free to call. We need each other - help us to help you! Although we are beginning operations in Nevada, we intend to extend into each state in a competent fashion. We are NOT attorneys, unless individual attorneys join us as members. We are simply people helping people. For those interested, we do not engage in the practice of law. You might be interested in this article Unauthorized Practice of Law on the Net. Call Redress, Inc. at 702.597.2982 or e-mail us at Redress@redressinc.com. WORKING TOGETHER TO ATTAIN FAIRNESS

    ReplyDelete
  3. PRO SE RIGHTS:
    Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."

    Brotherhood of Trainmen v. Virginia ex rel. Virginia State Bar, 377 U.S. 1; v. Wainwright, 372 U.S. 335; Argersinger v. Hamlin, Sheriff 407 U.S. 425 ~ Litigants can be assisted by unlicensed laymen during judicial proceedings.

    Conley v. Gibson, 355 U.S. 41 at 48 (1957) ~ "Following the simple guide of rule 8(f) that all pleadings shall be so construed as to do substantial justice"... "The federal rules reject the approach that pleading is a game of skill in which one misstep by counsel may be decisive to the outcome and accept the principle that the purpose of pleading is to facilitate a proper decision on the merits." The court also cited Rule 8(f) FRCP, which holds that all pleadings shall be construed to do substantial justice.

    Davis v. Wechler, 263 U.S. 22, 24; Stromberb v. California, 283 U.S. 359; NAACP v. Alabama, 375 U.S. 449 ~ "The assertion of federal rights, when plainly and reasonably made, are not to be defeated under the name of local practice."

    Elmore v. McCammon (1986) 640 F. Supp. 905 ~ "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."

    Federal Rules of Civil Procedures, Rule 17, 28 USCA "Next Friend" ~ A next friend is a person who represents someone who is unable to tend to his or her own interest.

    Haines v. Kerner, 404 U.S. 519 (1972) ~ "Allegations such as those asserted by petitioner, however inartfully pleaded, are sufficient"... "which we hold to less stringent standards than formal pleadings drafted by lawyers."

    Jenkins v. McKeithen, 395 U.S. 411, 421 (1959); Picking v. Pennsylvania R. Co., 151 Fed 2nd 240; Pucket v. Cox, 456 2nd 233 ~ Pro se pleadings are to be considered without regard to technicality; pro se litigants' pleadings are not to be held to the same high standards of perfection as lawyers.

    Maty v. Grasselli Chemical Co., 303 U.S. 197 (1938) ~ "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleading is important, but its importance consists in its effectiveness as a means to accomplish the end of a just judgment."

    NAACP v. Button, 371 U.S. 415); United Mineworkers of America v. Gibbs, 383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747 (1969) ~ Members of groups who are competent nonlawyers can assist other members of the group achieve the goals of the group in court without being charged with "unauthorized practice of law."

    Picking v. Pennsylvania Railway, 151 F.2d. 240, Third Circuit Court of Appeals ~ The plaintiff's civil rights pleading was 150 pages and described by a federal judge as "inept". Nevertheless, it was held "Where a plaintiff pleads pro se in a suit for protection of civil rights, the Court should endeavor to construe Plaintiff's Pleadings without regard to technicalities."

    Puckett v. Cox, 456 F. 2d 233 (1972) (6th Cir. USCA) ~ It was held that a pro se complaint requires a less stringent reading than one drafted by a lawyer per Justice Black in Conley v. Gibson (see case listed above, Pro Se Rights Section).

    Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982) ~ "Due to sloth, inattention or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law."

    Sherar v. Cullen, 481 F. 2d 946 (1973) ~ "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional Rights."

    Schware v. Board of Examiners, United State Reports 353 U.S. pages 238, 239. ~ "The practice of law cannot be licensed by any state/State."

    ReplyDelete

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