At the core of it all; it is Human Rights. Fathers... Mothers... Both Human beings. A child born is a Human created... that Human being created from a Father and Mother is going to be here long after breast feeding and long after its first few years of tender care. The psychological effects of gestation and giving birth are something that a Male parent cannot understand. This is not a fault or weakness, it is not permission to be treated with less Rights in Parenting.
A baby is born... Parents are created at this moment too. That creation process (when parents are born) is special and important. Human rights are linked to every aspect of Parenting. To write any laws to reflect gender preference is to define WHICH parent receives more parenting rights. This is NOT a construct of Equality, it is the construct of social engineering.
Culture is evolving and law is progressive.
Acceptance of Equality
Practice of Equality
Enforcement of Equality
A baby is born... Parents are created at this moment too. That creation process (when parents are born) is special and important. Human rights are linked to every aspect of Parenting. To write any laws to reflect gender preference is to define WHICH parent receives more parenting rights. This is NOT a construct of Equality, it is the construct of social engineering.
Culture is evolving and law is progressive.
Acceptance of Equality
Practice of Equality
Enforcement of Equality
Ryan Sellars
Of course there is people who stand in the way of Progression and Changes in Culture.The fight is not simply your case... That is your personal battle... and it is extremely important because when you stand up for your rights not just as a father, but as a Human being and Parent. You are taking a stand in society and showing people that you are not branding yourself in the image that society has cast shadows onto. Fatherhood... As a 'Father' you might have strength, but in court or to Mothers, you might simply trigger stereotypes on a mental & Emotional level. As a ' Parent ' you are Equal. As a Human you are Equal.
If you have read finalized court documents you might notice that words can define you. We all know that words are not truly what defines who you are, ...but on paper... to the courts... Words can limit your Human Rights. Stigma and Public Opinion are either enemies or valiant defenders of your case. Fight for your cause! and when you do, do it as a Human being fighting for Equal rights as a Parent.
Write your state reps and Write about this. Whatever wrongs have been inflicted against you, writing the state and your government about Equal rights for Parents (leaving gender descriptive words to a minimum or out completely) is the first steps in shifting culture and society into a more Equal and positive future for all parents. Imagine all the young parents who will come after us... We need to stand together and we will be stronger for it.
SAMPLE LETTER
To: State Legislators
What is more precious: your 14th amendment, basic human right to parent your children or your 2nd amendment right to bear arms? If you had to lose one, which would it be?
“Only lawyers win in the divorce” is the mantra from which Family Law Statues where written under the false banner of a “child’s best interest.” The lack of a presumptive 50/50 Shared Parenting standard continues to make the divorce industry flourish while children’s lives lay in the ruin.
By creating this 50/50 Shared Parenting standard, our children and parents will be protected from an industry that creates, promotes and perpetuates conflict for its financial gain. Lives are ruined, lives are lost and injustices beyond comprehension as children are alienated from their parents.
The presumptive 50/50 Shared Parenting standard is based on an absence of a preponderance of evidence supporting abuse, neglect, addiction or other serious issue as defined by a Court. This fact-based and objective-based approach has to replace the hearsay and subjectively corrupt manner of today's family court processes.
Given us this single standard can reduce the amount of divorce litigation by half and allow families to move forward with the best interest of all in mind. Help protect parental rights as strongly as gun rights.
It is your duty to introduce legislation establishing a presumptive 50/50 Shared Parenting standard and protect our divorcing families from being exploited by an industry for its own greed.
Sincerely,
[Your name]
Remain an Equal Parent to your Child!
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.
2/20
2/20 
Intimidation of Pro-Se Litigants
ReplyDeleteThe attitude of court officers toward pro-se litigants ranges from condescending to openly hostile, and when pro se's oppose an experienced attorney, they are often dispatched before having the opportunity to properly present their case. In the following article, investigative reporter Sherman Skolnick describes a scenario he has witnessed.
Big Court Fix
Part 1: Introduction to what you need to know
SHERMAN H. SKOLNICK
Here is the start of what you need to know about the courts. This applies primarily to state and federal civil cases in bigger communities and cities. And please note, not EVERY court case is corrupt. Maybe one out of twenty, or one out of forty. But after you study this series, you might become more skilled in telling which is which.
In civil cases, judges usually designate a certain day at a certain time when they have "Motion Call." That means they put on the docket for that day a list of cases where motions (parts of cases) are to be heard.
So suppose you are a plaintiff, representing yourself against a defendant corporation or a politician or other important personality. You check the computer-generated Motion Call list taped to the wall outside the courtroom door.
You notice that you are among the first cases to be heard that morning. The judge is not yet on the bench. The defendant's attorney is at the desk, next to the bench, whispering to the deputy clerk.
The judge comes in, gets on the bench, and your case is among the first called. The clerk, or the judge himself, announces that your case will be heard "at the end of the call," which means you will have to wait in the courtroom for several hours, perhaps close to lunch-time.
Non-lawyers tend to call the other side, "the enemy." So your enemy's attorney goes out into the hallway with his cell phone. You follow him and ask, "You were whispering to the clerk before the Motion Call started. And when the judge got on the bench, my case was pushed to the end. What is going on?"
The enemy's "mouthpiece" does not respond. So you raise your voice and repeat the question. Suddenly, the deputy sheriff (state court) or deputy U.S. marshal (federal court) stationed in the courtroom comes out and comes up to you.
"If you don't stop threatening counsel, I am going to have to arrest you," he warns. Outraged at being falsely accused, you raise your voice to who in past years was called the court bailiff. He barks at you, "Get away from counsel, or I will arrest you."
You reluctantly walk away from the "counsel" and the "bailiff". You begin thinking to yourself, "Hey, what's going on here anyway?"
You go back into the courtroom and wait. Before the clerk calls your case, all the other motions have been heard and the court has been cleared out.
Suddenly, the bailiff goes to the courtroom door and locks it. If you are savvy, you look at the judge's face now. It is not more or less relaxed as you saw it during the Motion Call. After all, the judge often hobnobs socially with some of the same lawyers who were there during the Motion Call. He goes to golfing events with them from time to time. The judge sees many of the same attorneys at Bar Association luncheons and pep-talk meetings, where they pat themselves on the back for the great system of justice they are in. You think, "It is the wonderfully corrupt bench and the bar." And YOU are no part of it.
So now it is just you, your enemy's counsel, the judge, the clerk, and the bailiff. If you have been around the courts before, you know to notice that the judge's face is now a little red. Although judges practice to show no expression about which way they are going to rule, they are still human and it sometimes does show in their face when a particularly difficult or clout-heavy case is to be heard.
PRO SE RIGHTS:
ReplyDeleteBrotherhood 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."
Sims v. Aherns, 271 SW 720 (1925) ~ "The practice of law is an occupation of common right."
“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