Showing posts with label Declaratory judgment. Show all posts
Showing posts with label Declaratory judgment. Show all posts

Sunday

An independent and honorable judiciary is indispensable to justice in our society

Code of Conduct for United States Judges

The Code of Conduct for United States Judges includes the ethical canons that apply to federal judges and provides guidance on their performance of official duties and engagement in a variety of outside activities.

Just a Thought

It is vital to prepare yourself before you enter the Courtroom DoorsThere a legal "biases" in our courts. However, if you are aware of them you will have a better chance defending yourself."KNOWLEDGE is Power"


Judge Leonard Edwards wrote an article for the Judges Page on the National CASA website where he says that judges need to stop rubber stamping these cases and enforce the "Reasonable Efforts"  requirement, but they are afraid a "No Reasonable Efforts" ruling could cost their state millions of dollars.  There is also at least one Judges Bench Book (California) that is referred to as "The Smoking Gun"

>>>  because it very clearly states that the courts MUST rule during the initial  hearing (after removal) that it is contrary to the best interest of the child to be returned home, otherwise the state is NEVER eligible for federal funding.  

CA_Smoking_Gun

Introductory Reading

What are Judges Bench Books??


Simply put,  the best way to say it would be that Judges Bench Books are the instruction manuals on how a Judge can or should rule and/or preside over a case.   The biggest benefit to providing access to the Bench Books is it gives people a chance to have "inside information" to help them better anticipate what they're facing, and possibly help them defend themselves better.  It also shows/proves any incentive that the Judges may have for ruling a certain way. 

Code of Conduct for United States Federal Judges

Wednesday

Using a child as a control mechanism is a domestic violence behavior

Ripped Apart

Divorced dads, domestic violence, and the systemic bias against men in King County family court.

By Nina Shapiro

Jim's first indication that his life was about to be turned upside down came the night he got home from work and was approached by an off-duty sheriff's deputy.

"Are you Jim?" the deputy asked.
"I am," he replied.
The deputy then informed him that not only was he no longer welcome inside his own house, he wasn't allowed even to collect his things. The officer handed him a suitcase his wife had packed and a $3,000 check—also from his wife, who earned far more than he did.
"What are the grounds?" Jim asked.
"It's all in there," the deputy said, thrusting a sheaf of papers into his hand.

The papers informed him his wife was filing for divorce. Worse, she had requested, and been granted, a temporary protection order based on allegations of domestic violence. The order—issued at a hearing that took place without Jim—took effect immediately. It required him to vacate his house and refrain from "any contact whatsoever" with either his wife or his 3-year-old son.
In it, his wife wrote that she felt like she had to "walk on eggshells" around Jim due to his unpredictable temper. He would scream to such an extent that "veins in his neck were bulging" and "spittle from his lips was hitting me in the face." She also described him yelling at their dogs, roughly handling their cat, and driving aggressively and recklessly.

But there's one thing she never claimed—that Jim had ever hit her or their son. Nor did she accuse Jim of threatening either of them.
Jim, an insurance agent periodically unemployed, had at times performed more child-care duties than his wife, according to a court-assigned social worker hired to assess each spouse's parenting skills. 

Observing interactions between Jim and his son, and talking to friends, relatives, and neighbors, she called the bond between them "relatively strong, happy, interactive, comfortable, playful, and full of physical play and affection." Yet it would still take 15 months for Jim to be allowed to have normal visits with his son.

Had he been charged with domestic violence in criminal court, where guilt must be proved beyond a reasonable doubt and the standards of due process are high, this might not have happened. But Jim's fate was decided in a very different venue: family court.

It's a court like no other—a hugely busy and rancorous place where the most personal aspects of people's lives are not only on display, but judged and reshaped in proceedings that often last no longer than 20 minutes. Appointed commissioners, rather than elected judges, make many of the most crucial decisions. And the standard of evidence (known as "preponderance of the evidence") is the lowest allowed by law.


Friday

Within a system which denies the existence of basic human rights, fear tends to be the order of the day

What Is The Role Of Lawyers?

Jeena Cho at Above the Law -  You get to define for yourself how you want to practice and what kind of lawyer you want to be.

Across the country women, children, AND MEN are becoming the victims of judges and the court system. It is time that we...
Posted by Children's Rights on Thursday, August 20, 2015
Posted by Childrens Rights Florida  “Within a system which denies the existence of basic human rights, fear tends to be the order of the day. Fear of imprisonment, fear of torture, fear of death, fear of losing friends, family, property or means of livelihood, fear of poverty, fear of isolation, fear of failure. A most insidious form of fear is that which masquerades as common sense or even wisdom, condemning as foolish, reckless, insignificant or fut... more »

It's Time to Fundraise For Your Favorite Judge Again!

South Florida Lawyers at South Florida Lawyers -
Can you believe it? Where did the summer go? It feels like we just started our summer break and here we are again, with the kids back in school* the endless judicial fundraising pitches, emails, and faux events!* Didn't we just do this? When is the election even? Next tisha b'av? Don't worry -- just give, give and give again. I'm pretty sure it's a necessary evil -- *hey, wait a minute, why is it necessary again? * And remember -- that judge you save could be your own (I kid, they won't even remember you)! Seriously, you might as well be part of the solution -- support the sm... more »

The Record: Parental due process

LK at Legally Kidnapped -
The Record: Parental due process LEAVING CHILDREN unattended in vehicles remains a serious problem, notwithstanding many publicized warnings against it. Some 45 children have died from heatstroke while locked in cars in hot weather since the beginning of 2014, according to researchers at San Jose State University in California. Children left alone in cars are also susceptible to being kidnapped.

Southern District of Florida Blog: S.D. Fla. celebrates LGBT achievement

John Oliver Explains Why It Is Too Soon To Celebrate LGBT Equality

Kathryn Rubino at Above the Law - 1 day ago
Even if you don't agree with Oliver's views his fast pace, clever graphics and sly demeanor keep you entertained.

The politics of sociological consciousness

Paul Campos at Lawyers, Guns & Money -
This weekend, the NYT ran an interesting article by a former waiter at one of New York’s Michelin three-star restaurants, who is now a graduate student: In a playground for the superrich, I was an overpaid chaperone wearing a bespoke suit. Gluttony was common. So was sex; more than once we had to interrupt coitus […]

Is This Racist? State Bar Can’t Tell If This Is Racist.

Joe Patrice at Above the Law -
After honoring a story written by a man associated with a hate group, a state bar flies into embarrassing damage control.  

They named a drink: The Foster Child

LK at Legally Kidnapped -
Drink of the Week: The Foster Child, a Banana Foster margarita at Salty's Gulfport Looking for a margarita unlike any other? Try a bananas fosterita, dubbed the Foster Child ($8), at Salty's Gulfport. Bartender Kat McKenna created the cocktail based on the flavors of the dessert bananas Foster.

Law Grad Drowning In Debt Tries To Sell Law Degree On Craigslist

Staci Zaretsky at Above the Law -
Go on, make this lawyer an offer he can't refuse.  

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