Originally appeared at CatholicCourier.Com (Regional paper for Catholic Diocese of Roches
Lyons man stands up for beliefs
(Publication Date: 09-03-2008)
By Jennifer Burke/Catholic Courier Lyons resident John Murtari has been standing up for what he believes in for years, but those actions recently made him a minor celebrity in his hometown. Murtari is featured in "Support? System Down," a documentary recently produced and directed by actor Angelo Lobo. The film explores what Lobo sees as the flaws in America's child-support system. "Support" premiered in California this past spring, and the recently restored Ohmann Theater in Lyons hosted a special screening of the film Aug. 13. In November 2006 Lobo visited Murtari in prison, where Murtari was serving a six-month sentence for failure to pay child support. Murtari claims he fell behind in his child-support payments because the payment amounts were calculated based on an income level he no longer had. What little extra money Murtari did have was usually spent traveling across the country to visit his son Domenic, he said. "What am I supposed to do? I want to see my son," Murtari, who belongs to St. Michael Parish in Lyons, told the Catholic Courier. "He wasn't (physically or financially) hurting for anything, but he wanted Daddy." Murtari refused food or water while imprisoned and instead received his nourishment through a feeding tube inserted through his nose. He did so not to harm himself, but to protest what he called an unjust family-court system that he felt had wrongly taken away his son and sent him to prison, all without a jury trial. Murtari also has been arrested several times for writing on the ground in chalk "I love you, Dom" and "Senator Clinton, help us" outside the Federal Building in Syracuse in an attempt to draw Sen. Hillary Clinton's attention to his proposed Family Rights Act. "The idea is to get Congress to pass a Family Rights Act. Each state has different family law, and it's almost amazing to think that your relationship with your children could be governed differently in Alabama than here in New York," Murtari said. Murtari, founder of the nonprofit organization A Kids Right, has a draft of the proposed act on the organization's Web site, www.AKidsRight.org. The organization's members believe all parents should be presumed fit and equal parents unless the government can prove through a jury trial that they are a demonstrated threat to their children, and have demonstrated that with harmful intent. Only then should the government interfere with a parent's right to raise his or her child, according to the organization and the proposed legislation. "John Murtari is a voice for the many non-custodial parents who wanted to share their children equally. People will see why he not only went on a hunger strike for change, but also continues to peacefully protest for the rights of children to have both parents," Lobo said in a statement. Murtari, who hadn't seen the movie before the Aug. 13 screening, said he was pleased with the way Lobo told his story and the way the film educated people unfamiliar with the child-support and family-court systems. "It's always weird seeing yourself (on film)," Murtari said. "What really got me was the people from town who were there and said, 'Wow, I never knew (about the system)." Murtari said he himself had never known much about the child-support and family-court systems before his divorce, even though he'd always considered himself a politically aware man. When his ex-wife decided to move across the country with their 5-year-old son, however, he said the "gut-wrenching" experience inspired him to learn more about the system and how he might change it. He drew inspiration from the Gospels and from reading about the lives of St. Francis of Assisi, Martin Luther King Jr. and Mahatma Gandhi. Inspired by what these men were able to do through simple faith and nonviolent action, Murtari decided to follow their examples. "Nonviolent action doesn't mean writing letters. It's voluntary, loving self-sacrifice to show how deeply you believe in your cause," Murtari said. His nonviolent actions have landed him in jail more than once, but Murtari said he's seen some fruits from his labor. Once-hostile law-enforcement officers and court officials have begun treating him with respect, and he's full of hope that his actions can make a difference for families throughout the nation. "I could have easily descended into that bitterness and helplessness. Once I started taking these actions I felt better," Murtari said. "With faith you can lose that bitterness. When you're using that faith and sacrificing to make things better for others, you're going to feel better." EDITOR'S NOTE: To learn more about "Support? System Down," visit the film's Web site at www.SupportTheMovie.com. |
The 'Family Court in Focus' event is tomorrow night! - Note: You don't need to bring your tickets, just yourselves and support to bring these issues back on the public and political agenda. We look forward to seeing you there.
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To document these stories is to tell about a corrupt and out of control court system that needs to be reformed. To document these stories means, it is time for people to sit up and take notice that our court system is not working. We need to become proactive and use programs that promote family health and sobriety, not anger and rage to further destroy good people. To tell these stories means its time for our courts to stand up and take notice that this garden of eden is being destroyed by greed, anger, rage and emotional instability that could be stopped and retracted if the right actions were taken. Time is of the essence. A few months to a child is like a lifetime.
"In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
7th Amendment to the United States Constitution
John Adams on the need for this amendment: "As the Constitution requires that the popular branch of the legislature should have an absolute check, so as to put a peremptory negative upon every act of the government, it requires that the common people, should have as complete a control, as decisive a negative, in every judgment of a court of judicature."
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“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.
ReplyDeleteRedress, 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
PRO SE RIGHTS:
ReplyDeleteSims 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."