PLEASE NOTE: This blog is a bigotry free zone open to all persons, regardless of age, race, religion, color, national origin, sex, political affiliations, marital status, physical or mental disability, age, or sexual orientation. Further, this blog is open to the broad variety of opinions out there and will not delete any comments based upon point of view. However, comments will be deleted if they are worded in an abusive manner and show disrespect for the intellectual process.

Tuesday, August 11, 2015

PROFESSOR JULIA SIMON-KERR WRITES ABOUT SYSTEMIC LYING IN OUR LEGAL SYSTEM!

"February 10, 2014
 Hartford, CT:
 Julia Simon-Kerr joined the [CT] Law School faculty in of 2012 as an associate professor of law and the Ralph and Doris Hansmann Scholar after spending two years as a Bigelow Fellow and Lecturer in Law at the University of Chicago Law School. Her scholarship focuses on evidence, particularly on how lying and credibility in the legal system interact with evolving cultural norms.
Professor Simon-Kerr’s work-in-progress, "Systemic Lying," explores a particular form of cooperative lying that occurs throughout the history of our legal system and in many different areas of the law. Systemic lying involves the cooperation of multiple actors applying a particular principle that guides their deception across cases. Surprisingly, given the system’s clear prohibition on lying in the courtroom, it becomes an open secret and functions as a controlling mechanism within the legal system.
"Through case studies of several instances where this phenomenon occurs across legal areas and over time," explains Professor Simon-Kerr, "I develop a theory of systemic lying.” Professor Simon-Kerr's theory suggests that systemic lying is a product of severe disjunction between cultural beliefs about justice and legal prescriptions. Rather than allow the law to take its course and deliver what would be perceived as unjust outcomes, participants lie and preserve the facade of a system that delivers results consonant with popular moral intuition. The collective and open nature of systemic lying and the fact that it occurs for a justice-related rationale allows it to escape the usual stigma attached to lying, particularly lying embedded within a system that privileges truth in the courtroom. "Ultimately, systemic lying is a persistent and powerful phenomenon within the system because it achieves a legitimacy that individual lies or covert group deception tend to lack," says Professor Simon-Kerr.
Professor Simon-Kerr also has written on education law, gender and the law, and law and literature, an area of interest she examines in a recent book chapter, published by Oxford University Press, entitled, “Pious Perjury in Scott’s The Heart of Midlothian.”
AND FOR ANOTHER ARTICLE ON THIS, SEE BELOW:
According to Megan Spicer of "The Connecticut Law
Tribune"


August 10, 2015

"The oath that Connecticut lawyers take in order to be admitted to the bar is 122 words long. Much of it consists of promising to never do anything dishonest and to inform the court if they see others being dishonest. It ends: "So help you God or upon penalty of perjury."


But those words only go so far, according to a University of Connecticut School of Law professor who says that dishonesty is rampant inside and outside the courtrooms, in jury deliberation rooms and even in the judge's chambers. The phenomenon is known as "systemic lying" and Julie Simon-Kerr recently published a paper on it in the William & Mary Law Review arguing that the practice poses a threat to the legal system.

"Systemic lying isn't benign," said Simon-Kerr, who teaches courses on civil procedure and evidence at UConn. "It threatens the fabric and legitimacy of the legal system to have all these actors conspire in the courtroom." She went on to call it "sinister"..."

Read more: 


http://www.ctlawtribune.com/id=1202734373407/UConn-Professors-Research-Details-Legacy-of-Lying-in-The-Legal-System#ixzz3iXgWEKB5

THE U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF JUSTICE REAFFIRM THE RIGHTS OF PARENTS WITH DISABILITIES!


AUGUST 2015 JOINT POLICY STATEMENT FROM THE US DEPARTMENT OF HEALTH AND HUMAN SERVICES AND THE DEPARTMENT OF JUSTICE:

"Protecting the Rights of Parents and Prospective Parents with Disabilities: Technical Assistance for State and Local Child Welfare Agencies and Courts under Title II of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act

The United States Department of Health and Human Services (HHS) and the United States Department of Justice (DOJ) are issuing this technical assistance to assist state and local child welfare agencies and courts to ensure that the welfare of children and families is protected in a manner that also protects the civil rights of parents and prospective parents1 with disabilities. This guidance provides an overview of the issues and application of civil rights laws, answers to specific questions and implementation examples for child welfare agencies and courts, and resources to consult for additional information..."

READ MORE:

http://www.ada.gov/doj_hhs_ta/child_welfare_ta.pdf

DOES CHIEF JUSTICE CHASE T. ROGERS AS A MEMBER OF THE STATE JUSTICE INSTITUTE OBSTRUCT THE IMPLEMENTATION OF THE ADA!

It has come to my attention recently that Chief Justice Chase T. Rogers is a member of the State Justice Institute, see the definition below.  Many advocates have speculated that Chief Justice Rogers has used her position there to obstruct litigants from obtaining relief under the ADA and Section 504 on the federal level.  See her involvement below:


State Justice Institute

The State Justice Institute (SJI) was established by federal law in 1984 to award grants to improve the quality of justice in state courts, facilitate better coordination between state and federal courts, and foster innovative, efficient solutions to common issues faced by all courts.


CHIEF JUSTICE CHASE ROGERS' BIOGRAPHY
Chief Justice Chase Rogers has been the Chief Justice of the Connecticut Supreme Court since 2007. Prior to that, she served as a judge in the Connecticut Appellate Court from 2006 to 2007, and as a judge in the Connecticut Superior Court from 1998 to 2006. Prior to becoming a judge, she was a partner at Cummings & Lockwood in Stamford, Connecticut, where she focused on employment law and commercial litigation. She served on the Board of Directors of the Conference of Chief Justices (CCJ) from 2008 to 2011. She has been a member of the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States from 2012 to 2015; member of the National Center for State Courts Expanding Court Access to Justice Project Advisory Committee from 2012 to present; member of the Conference of Chief Justices Civil Justice Initiative Committee from 2014 to present; member of the Connecticut Bar Foundation Nominating Committee from 2007 to present; Ex Officio Member, American Law Institute; and Ex Officio Director, Connecticut Bar Foundation. Chief Justice Rogers was appointed to the SJI Board of Directors in 2010. She has been an Adjunct Professor at the University of Connecticut School of Law from 2012 to present. She has received an Honorary degree from Quinnipiac University School of Law in 2010 and an Honorary degree from the University of Hartford in 2011. She received her J.D. from Boston University School of Law, and B.A. from Stanford University.

Chief Justice Rogers currently serves on the State Justice Institute’s Board of Directors. She was appointed to this position in December of 2010 by President Barack Obama, with the advice and consent of the Senate. In October of 2012, Chief Justice Rogers was appointed a member of the Committee on Federal-State Jurisdiction of the Judicial Conference of the United States. She was appointed by Chief Justice John G. Roberts, Jr. of the United States Supreme Court, and will serve a three year term. She is currently a member of the National Center for State Courts Expanding Court Access to Justice Project Advisory Committee, the Conference of Chief Justices Civil Justice Initiative Committee and the Connecticut Bar Foundation Fellows Nominating Committee, an ex officio member of the Commission on Official Legal Publications, an ex officio member of the American Law Institute and an ex-officio Director of the Connecticut Bar Foundation. Chief Justice Rogers previously served as a member of the Board of Directors for the Conference of Chief Justices, the Detention Crowding Oversight Committee, and as a Faculty Member of the Connecticut Judge’s Institute. 

Monday, August 10, 2015

NEW HHS AND DOJ RULING RE THE ADA AND SECTION 504 REQUIRES CHILD WELFARE SYSTEMS TO OBEY THE LAW!

News

FOR IMMEDIATE RELEASE
August 10, 2015
Contact: HHS Office of Civil Rights
202-619-0403

HHS and DOJ issue technical assistance for child welfare systems under the Americans with Disabilities Act and section 504 of the Rehabilitation Act

The Department of Health and Human Services (HHS) and the Department of Justice (DOJ) today issued joint technical assistance to state and local child welfare agencies and courts on the requirements of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. The technical assistance released today is part of a new partnership between HHS and DOJ to help child welfare agencies protect the welfare of children and ensure compliance with nondiscrimination laws.
The technical assistance addresses disability discrimination complaints that HHS and DOJ have been receiving from parents who have had their children taken away from them as well as individuals who have not been given equal opportunities to become foster or adoptive parents.  Noting that the goals of child welfare and disability non-discrimination are complementary, the technical assistance provides an overview of Title II of the ADA and Section 504 and examples about how to apply them in the child welfare system, including child welfare investigations, assessments, guardianship, removal of children from their homes, case planning, adoption, foster care, and family court hearings, including termination of parental rights proceedings.  It also underscores that Title II and Section 504 prohibit child welfare agencies from acting based on unfounded assumptions, generalizations, or stereotypes regarding persons with disabilities.
“Ensuring nondiscrimination in the child welfare system is an Office for Civil Rights (OCR) priority and we’re very pleased to join with the HHS Administration on Children and Families and the Department of Justice in this important initiative,” said Jocelyn Samuels, director, HHS Office for Civil Rights. “It’s particularly fitting that we are beginning this initiative with guidance on the rights of parents and prospective parents with disabilities given our recent investigation with the Department of Justice in this area and as we commemorate the 25th Anniversary of the ADA.  This guidance will help ensure that parents and prospective parents are not discriminatorily deprived of custody of their children, or denied the opportunity to adopt or serve as foster parents, because of stereotypes and unfounded assumptions about persons with disabilities, which we have seen in our complaints.”
“This technical assistance reflects an important milestone in the ongoing effort to realize equality for individuals with disabilities in all aspects of our society,” said Vanita Gupta, principal deputy assistant attorney general for civil rights.  “The ADA and Section 504 ensure that all government providers of programs, activities, and services treat people with disabilities in a fair and equal manner.  State and local agencies and courts are our partners in defending the rights of people with disabilities, and this guidance gives them an improved understanding of how to uphold those rights more effectively.”
“Providing this technical assistance to state and local agencies and courts will help ensure that families who have a member with a disability get equal access to vital child welfare services,” said Mark Greenberg, HHS’ administration for children and families’ acting assistant secretary.
The Children’s Bureau in the Department of Health and Human Services, Administration for Children and Families (ACF) administers funding for child welfare agencies and courts.  ACF also provides guidance and technical assistance to child welfare agencies regarding child welfare law.  The HHS Office for Civil Rights and the Civil Rights Division of the DOJ are responsible for protecting the rights of individuals with disabilities by enforcing Title II of the ADA and Section 504 of the Rehabilitation Act.  These laws prohibit discrimination on the basis of disability, and require providers of government programs, services, and activities to make reasonable modifications to their policies and practices when necessary to avoid discrimination on the basis of disability, unless such modifications would fundamentally alter the nature of the program or the services.
Additional information about the Department of Health and Human Services, Office of the Administration for Children and Families, Children’s Bureau is available at www.acf.hhs.gov/cb. Additional information about the Department of Health and Human Service’s Office for Civil Rights is available at www.hhs.gov/ocr/. Additional information about the Civil Rights Division of the Justice Department is available at www.justice.gov/crt

###
FOR THE LINK TO THIS STATEMENT, PLEASE SEE BELOW:

http://www.hhs.gov/news/press/2015pres/08/20150810a.html

Sunday, August 9, 2015

LISTEN TO JON STEWART'S FINAL WORDS AND APPLY THEM TO FAMILY COURT REFORM!

BARRY GOLDSTEIN REPORTS THAT KELLY RUTHERFORD IS KEEPING HER CHILDREN IN THE UNITED STATES!

Barry Goldstein:

"Dr. Dianne Bartlow interviewed some of the best judges in the United States about the court response to the many murders of children by fathers involved in custody disputes. Some judges suggested a likely explanation for so many dangerous decisions that I believe influenced the original mistaken ruling in the Kelly Rutherford case. They said that because so many fathers abandon their children many judges unconsciously favor even bad fathers so that the children will have their father in their lives..."


READ MORE:


Saturday, August 8, 2015

THE DISGRACE OF FATHERHOOD FUNDED GENDER BIAS IN THE STATE OF CONNECTICUT!

(This blog draws parallels between society's delayed response to Bill Cosby's crimes and society's current indifference towards the ongoing abuse of protective mothers in family court as a result of massive fatherhood funding.)

It is quite striking.  The July 27-August 9, 2015 New York Magazine cover with candid, black and white pictures of 35 women who came forward to report that Bill Cosby raped them.  There are also many more women Bill Cosby raped who chose not to come forward.  The headline to the article by Noreen Malone states, "One by one, they came forward with stories of being drugged and raped or assaulted by Bill Cosby, finding safety in their staggering number and a culture that was finally ready to believe."  

Why the staggering numbers?  

Because for years we have lived in a rape culture that has had a primary response of "Boys will be boys" to the act of rape.  We have individual after individual who knew about the situation with Bill Cosby and chose to stand by and do nothing about it.  As Jennifer Lee Pryor the wife of the late Richard Pryor stated, "It was a well kept secret that Bill Cosby fucked anything that moved."  

Journalist Noreen Malone tries to spin the Bill Cosby story by stating that our culture has changed and that the stories these women have can now be heard, when they couldn't be previously, because we no longer tolerate rape.  I would question this conclusion.  In my view, after decades of neglect and intentional indifference, this story has now garnered attention because the sheer numbers of women Cosby abused has become so great it can now longer be ignored.  

People like me, who recognize this truth, are completely disgusted with this widespread tolerance of the abuse of women in all ranges of life, particularly family court.  For instance, when the New York Magazine article came out, a friend of mine asked, "Where is OUR cover?"  Where is the cover of the many thousands and thousands of women, formerly the primary caretakers of their children, who have been denied custody and or even access to their children as a result of the father friendly policies nationwide of our country's family court system?  These policies have been bolstered through fatherhood initiative funding that has spent billions of dollars to promote the interests of fathers over that of women.  

I have not spoken about this issue very much on this blog because it is such an overwhelming topic.  I have ordinarily left the subject to highly qualified journalists such as Anne Stevenson or Doreen Ludwig.  However, the recent death of Baby Aaden has galvanized me to the point where I feel I need to speak out about the issue.  Because make no mistake about it.  The death of Baby Aaden was the direct result of the father friendly policies that have permeated the State of Connecticut since these massive fatherhood funds began to pour into the state in the 1990s.  

Let me pause here and ask the question which is probably foremost on your mind at this point.  Am I against fathers somehow?  Am I seeking to turn the clock back to the 1950s when fathers didn't have any rights at all to their kids, even very good fathers?  No.  What I am critical of are policies and strategies that have clearly been put into place to promote the interests of fathers over that of mothers and restore a 19th century status quo where women are firmly under the control of the men in their lives and have no right to a say in regard to their children.  For an example of that, we don't have to look further than Charles Dickens who, when he left his wife for a younger woman, took 9 of their children along with him and refused to allow their mother to see them.  This is what I am objecting to.  

We have federal and state policies that prohibit gender bias and discrimination against individuals in the work place, in education, in government services, and many other areas based upon gender.  Yet, other than gender bias, what can you call a federal and state government policy which for the last two decades has invested millions and millions of dollars annually into promoting the interests of fathers over that of mothers.  

Just take a look at the John S. Martinez Fatherhood Initiative of Connecticut.  Is there an equivalent Motherhood Initiative anywhere in Connecticut receiving the same level of funding?  

Absolutely not. 

The concept that we as a democracy could actively engage in massively benefiting one gender over another, and that this financial windfall could be distributed in the interests of men for the last two decades, and that few mainstream intellectuals, scholars, journalists, activists, or social commentators has picked up on this and criticized this situation is truly remarkable.  

Of course, we see the outcome of these policies daily in terms of mothers falsely accused of PAS and losing all access to their children, mothers falsely represented as incapable mothers and placed on supervised visitation, and others tragically mired in lengthy and highly expensive custody battles.  They talk about how 80% of self represented parties in Family Court are self represented.  The number we don't get are how many of those unrepresented parties are women.  

This is the cover we need.  The cover with pictures of the women who have been the victims of these fatherhood initiative policies which have led them to lose their children, or have so little access to their children, they might as well not see them at all.  

How are these father promoting policies put into place?  

Here in the State of Connecticut they have been put into place by the establishment of a consortium of Connecticut state agencies entitled the "Fatherhood Advisory Council".  The primary purpose of the Fatherhood Advisory Council is to promote the interests of men over that of women.  

Those who have signed onto this mandate pretty much include every significant agency in the State of Connecticut including The Connecticut Judicial Branch.  

This explains why Adrianne Oyola was unable to obtain a restraining order to protect herself and Aaden.  Because the personnel in the Family Relations Department and the Judges themselves were on alert to give the father in that case all sorts of breaks as well as a very broad benefit of the doubt because of his status as a male.  This is the Department's overriding policy which lip service to decidedly unfunded domestic violence mandates cannot overcome.  After all, when Adrianne came into the Hartford Courthouse to fill out her protective order, there were no civil advocates to assist her in doing so. Why?  Because while the CT Judicial Branch accepts millions of dollars to support fathers like Tony Moreno, to heck with domestic violence victims like Adrianne.  

Let me just share with you the lengthy list of agencies who have signed on to help fathers out:

Department of Social Services
DSS Bureau of Child Support Enforcement
DSS Children's Trust Fund
Department of Children & Families
State Department of Education
Department of Correction 
Department of labor
Department of Public Health 
Department of Mental Health & Addiction Services

And the list continues.  

I don't want to bore everyone with the full list, but if you interested to know more, just check out the website for the John S. Martinez Fatherhood Initiative of Connecticut.

What is even more interesting is that there are women's agencies that are also listed as joining in the agreement to support the interests of fathers, and which, as a result, receive funding from the fatherhood initiative in order to promote the interests of fathers. If they are getting money from men's funding, how can they possibly maintain unalloyed their mandate to support women.

Women's groups getting  fatherhood funding include the CT Coalition Against Domestic Violence which, I understand, receives 60% of its budget from fatherhood funding.  It also includes the Permanent Commission on the Status of Women as well as the CT Women's Education & Legal Fund.  If these agencies are required to promote the interests of fathers over that of women because they receive funding from fatherhood initiative funding, how are they supposed to do the work of assisting women?  

In the end, these organizations end up having to weaken their programs that serve women, and from the reports that I have received, this is exactly what has happened.  When women attempt to approach these agencies that are ostensibly there to support them, all they are likely to receive is a pat on the the head and a sympathetic but condescending ear.  Clearly, if you look at the situation with Adrianne Oyola and her child, women need a lot more than that.  They need legal advocacy and they need protection from abuse.  

While women are getting beaten and their children tossed off bridges to their death, you will find the Connecticut Coalition Against Domestic Violence celebrating their "first 100 plus" men "who are boldly stepping forward to advance policy and practice around serving victims of domestic violence."  Ok, so that was the agenda for 100 Plus leading up to 2014, but this year in 2015, probably in response to the public scrutiny the agency will very likely receive after the death of Baby Aaden, it now includes women as well.  Still, its primary fundraising involves selling purple ties to men so that men can express their support of victims of domestic violence.  

Of course, no one wants to go on the record for supporting domestic violence, but a $5 million budget for the CCADV versus hundreds of millions of dollars for fatherhood initiatives tells a story in and of itself.  

I don't have too much more to say here, but I would urge all of you to go to the CT John S. Martinez Fatherhood Initiative 2015 Family Services Directory which lists all the organizations in place to support the interests of fathers.  It was too thick for me to staple at 45 pages worth.   

In 2007. Legal Momentum, then the legal branch of the National Organization of Women (NOW) sent complaints to the Department of Health and Human Services about this situation.  Their complaint was denied, and while I have not personally seen the response, I have heard that what they were told is that women who attempt to access fatherhood funded services will not be turned down.  

However, this is the thing, how many women considering obtaining help from the John S. Martinez Fatherhood Initiative of Connecticut are going to know it is intended to support motherhood as well--if it is, of course.  When a water fountain has a sign above it saying "whites only", most people are likely to think it is intended for whites.  

Further, even if women approach fatherhood funded agencies for assistance, are they going to be well served by agencies that have officially signed a document that obligates them to do a considerably better job for the men it services rather than the women?  I think the considerable number of women who have lost their children based on false charges of PAS, or based upon the presumption that any woman who says she has been abused is lying, or based upon the presumption that its OK for a man to lie repeatedly to the Court without consequences, would have a problem with it.  

Right now, in the same way that the women on the cover of New York Magazine lived in a time that found sexual abuse and rape of women acceptable, we live in a time where men stalking women through the Court system is considered acceptable, where men using children to terrorize and destroy the lives of mothers in the family court system is acceptable.  We look forward to the day when this holocaust of mothers losing their children passes by, when our culture is restored to sanity, and family court acknowledges the devastation it has wrought on the lives of mothers and children by giving custody to abusers.  That's when we will get the cover shoot my friend was speaking of.  And when we do there will be many thousands of women who participate, not just  35.

RELATED ARTICLES:


"THIS LOST GENERATION OF MOTHERS AND THE RISE OF FATHERHOOD!"

http://divorceinconnecticut.blogspot.com/2014/05/this-lost-generation-of-mothers-and.html


"JOHN S. MARTINEZ FATHERHOOD INITIATIVE OF CONNECTICUT CONDUCTS A WAR AGAINST WOMEN!"

http://divorceinconnecticut.blogspot.com/2013/01/john-s-martinez-fatherhood-initiative.html


"WHEN IT COMES TO CUSTODY, FATHERHOOD FUNDED ACCESS AND VISITATION GRANTS PUT FATHERS IN THE DRIVERS' SEAT!"

http://divorceinconnecticut.blogspot.com/2013/01/when-it-comes-to-custody-fatherhood.html