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2011-03-28T10:47:00.000-07:00

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North Carolina Court Watch Foundation

North Carolina Court Watch began in January of 2005 in an effort to organize litigants, local advocates and their families together as a cohesive voice for transparency and Court reform in the Judiciary. In Connection with the National Coalition For Family Justice and the North Carolina Coalition For Family Justice we are setting the standard for Court monitoring that will bring about the changes so desperately needed. Among the issues viewed as critically important yet lacking within the Court System are Accountability, Due Process, Equal Access to Justice and respect and adherence to Parental Rights for Protective Parents and their Children.The NCCWF will work with other like-minded advocacy groups to re-evaluate and bring about positive change in regard to how the courts and social services are responding to Domestic Violence and related behaviors, that affect families and our communities.

The Court System has to be reminded that the government is for the People and by the People, not the other way around. The granting of Judicial powers to Guardian ad Litems parent coordinators, social workers and other whom attach themselves to private cases is not in the best interest of families. In Many cases their negative impact often leads to cases being drug out for years without a resolution, that is devastating families and creating power and wealth for special interest groups at the expense of our loved ones.

The North Carolina Court Watch Foundation's goals will no doubt, expand as we grow. We hope that as we grow you will join us in our efforts to bring about reform and transparency within the system which in turn will make our families stronger our communities safer, and our government accountable to the people it serves.

Newsletter Subscription

Once a month, we'll send you our newsletter with insightful information and the latest news from mecklenburg and surrounding counties. The newsletter is packed with tons of useful information that will come directly to your email inbox, and best of all - they're FREE! Simply sign-up, and we'll put you on the mailing list.

Here are some examples of topics discussed in our upcoming Newsletter:

PROTECTING THE VITAL CHILD-PARENT RELATIONSHIP

There are several ways to effectively secure the foundation of parenthood for this generation and the next: Court reform Must take place in order to protect the child-parent relationship from unreasonable government intrusion. There are other organizations whom feel A constitutional amendment s the only way to ensure that the rights of parents to raise their children are honored by federal court judges, and recognized above international law.

AN IRREPLACEABLE ROLE

The role of parents in a child’s life is an irreplaceable one. "Even when young children spend most of their waking hours in child care, parents remain the most influential adults in their lives," writes Dr. Jack Shonkoff, a board-certified pediatrician who sits on the faculty of the Harvard Graduate School of Education.

PARENTAL RIGHTS-(and the threat within)

Parents play an irreplaceable role in the lives of their children. This vital relationship positively impacts a child's physical, mental, and emotional well-being. The right of parents to maintain a strong involvement in their children's lives has been continually upheld by Supreme Court doctrine. It is deeply valued by millions of American families.

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LISA PENNINGTON'S APPEAL

2011-03-28T00:53:00.001-07:00

https://www.judicialview.com/State-Cases/North%20Carolina/Domestic-Relations/Peters-v-Pennington/57/24736

-Blog comments are silenced by Charlotte Observer-

2011-03-28T00:46:00.001-07:00

Voters fear ongoing negligence in Charlotte Family Court may have cost Adam Bennett his life

-Blog comments are silenced by Charlotte Observer-

A brief history:

An organized group of highly concerned and influential Charlotte voters who follow the ongoing disturbing patterns of purported judicial misconduct in the Charlotte Family Court System are worried and outraged at the number of deaths that are linked to contentious litigation and perceived chronic judicial negligence. The problem is so bad that multiple concerned voters (AKA "Disgruntled Litigants" a term coined by The Charlotte Observer), have documented the disturbing patterns with blog articles and even mockumentary-style videos depicting incriminating behaviors of who is believed to be two District Court Judges, Lisa Bell and Rebecca (Becky) Tin. Incidences of corruption and attorney favortism are the key complaints in the tounge-in-cheek videos seen here:http://www.youtube.com/watch?v=DENMPdtgY7M and here:http://www.youtube.com/watch?v=Kp5zPBWsy0Y&feature=related

Also of great concern is the lack of media attention surrounding these suspicious deaths, and the recent mishandling of an incident occurring at an AME Zion Church political meet and greet. The deaths of Sonia Long http://oncrime.proboards.com/index.cgi?board=general&action=print&thread=13, Adam Bennett, Christa Chidester and Sarah Higgins http://www.wsoctv.com/news/15017367/detail.htmlare all connected to the Charlotte Family Court system and involve cases where ruling judges are repeatedly perceived and alleged to have failed to heed the concerns of "disgruntled" litigants while the courts repeately and negligently failed to protect them and their children either in an already existing dangerous situation, or, creating and fueling an entirely new one by enabling, accommodating and encouraging malicious prosecution in the courtroom with prefferred lawyers, who are campaign funders, and failing to recuse themselves in a direct conflict of interest.

Christa Chidester's case is most disturbing because The Charlotte Observer has deep-sixed all coverage. They broke the story, but have seemingly removed it from the archives. JMD attorney Jonathan Feit was attorney of record for Marke Chidester who opposed Christa Chidester and her daughter Sarah Higgins. Questions remain as to how petite and devoted mother could go through with a murder suicide, and manage to physically overcome a 9 year old. Suspicions have risen in regard to the true nature of Chidester's and Higgin's death, due to the lack of coverage and possible cover-up of media, namely The Charlotte Observer who broke the story.
The original news piece is not in the archives, a strange anomaly in such a high profile case.

The Charlotte Observer reported that family court Judge Lisa Bell exited the meeting after a clash over a highly controversial court ruling she upheld, which is purported to have directly or indirectly influenced the health and safety of a disgruntled litigant's child, who is now dead due to an improperly treated medical illness. Observer readers commenting on the incident were shut down from blogging comments and important questions such as "Who will die next?" in reference to the disturbing number of deaths perceived by many to be directly associated with ongoing bad rulings in the Charlotte Family Court involving a select group of Judges including Lisa Bell, Becky Tin and lawyers from the James, McElroy and Diehl or JMD law firm, long-time political contributors to both judges.http://www.judgelisabell.com/Judge_Lisa_Bell/Supporters.html
Another landmark case involving Jonathan Feit and Judge Tin is the case of Lisa Pennington, who lost all parental and maternal rights with custody of her two young boys. Lisa is a highly regarded PhD Child Psychologist who works with leading hospitals, and consults on many court cases, but her own rights were terminated because she believed her sons when they told her they were being abused. A gag order was issued by Judge Tin, and Lisa fought it. Her rights were revoked completely and she has absolutely no contact with her children. http://rightsformothers.com/2010/08/16/north-carolina-family-courts-you-will-never-find-a-more-wretched-hive-of-scum-and-villainy/
The highly disturbing case of Angelique Landry also involves Jonathan Feit of JMD.
Disgruntled readers are suspicious of the ongoing censorship practiced by The Charlotte Observer regarding coverage of issues relating the Charlotte District Court.

JMD partner William K. Deihl is known to have participated in brokering a covert deal with the Charlotte-Mecklenburg County Sherriff's Department and the Mecklenburg County Bar Association for supplying and administering special courthouse access cards, allowing cardholders to enter the court house through restricted judiciary hallways closed to the public and to attorneys. This new access puts card-carrying attorneys in hallways with robed judges while court is in session proving ample opportunity for forbidden ex-parte communication. No coverage by the Charlotte Observer is available on this topic. See Link: http://www.meckbar.org/newsevents/news_detail.cfm?cont_id=6806
The Mecklenburg County Bar Courthouse Liasion Committee published the following:

During the construction of the new Mecklenburg County Courthouse, a committee was formed to determine the issue of lawyer access toprivate corridors behind the courtrooms in the newfacility. This Court Security Committee wascomposed of Senior Resident Superior Court JudgeRobert Johnston, Chief District Court Judge FritzMercer, District Attorney Peter Gilchrist, TrialCourt Administrator Todd Nuccio, Clerk of CourtMartha Curran, County Commissioner ChairJennifer Roberts, and Sheriff Jim Pendergraph.Initially, it decided that Mecklenburg Countylawyers should not be given special access into or within the new courthouse. In effect, lawyers were not to have any greater or easier access in the courthouse than the general public. Luckily, this decision was just a preliminary one, to remain inplace only during the first four months of the new courthouse operation. Nevertheless, concern arose among the lawyers that this initial “no” could become the policy long term and that lawyers would never be treated any differently than the general public. This presented a number of problems; for alot of lawyers, the courthouse is where the majority of their work is done.In response to that concern, the MecklenburgCounty Bar (MCB) formed the Courthouse Access Committee. Our job was to convince the Court Security Committee that Mecklenburg County lawyers were entitled to special access into and within the courthouse and that lawyers could be given that special access while the courthouse still maintained appropriate security and operated without unnecessary interruptions.Our Committee did its job and did it well. As a result, Mecklenburg County lawyers were granted special access into and within the new courthouse.Over 900 access cards have been applied for or already issued.Now, our attorneys have access to the new courthouse through the shorter employees’ security line and have cards that provide us withelectronic access to the hallways and offices behind most of the courtrooms. Contact with judges, sheriffs, and court officials is much easier now. Our jobs and work within the courthouse can be more efficient. Special thanks go to Nelson Casstevens, Bill Diehl, Ron Gibson, Ed Hinson, Mitchell Kelling,Tony Lathrop, Ray Owens, Eben Rawls, Tony Scheer, and John Wester of our Bar’s Courthouse Access Subcommittee (now a subcommittee of the Courthouse Liaison Committee). Special thanks also goes to the Court Security Committee for its time and thoughtful deliberations.We are fortunate to have these access cards. Remember that having these cards is a privilege, not a right. Honor the access card, use it properly, and, at all times, be civil and courteous in our court house facility.

While under the care of his mother Sherry Bennett, Adam was under strict medical supervision by world class medical specialists at Duke University, who were treating him for what was believed to be Multiple Sclerosis, which is rare in young persons. According to Bennett family sources, JMD attorney Jonathan Feit who represented Duane Bennet-Adam's father, in a highly contested divorce and custody case, and who was also investigated for bribing a political official documented in Creative Loafing article "Sex, Lies and Technicalities"Link:http://charlotte.creativeloafing.com/gyrobase/sex_bribes_and_technicalities/Content?oid=29581 by Tara Servatius, had successfully de-bunked Duke University Medical Doctor's diagnosis and treatment protocols, and had them replaced with his client's dubious "kitchen" protocol seen here: http://www.mscures.com

Neither Mr. Feit nor Mr. Bennett are medical doctors, yet it seems that Judge Lisa Bell, who is not a medical doctor either chose to override Duke University doctor's orders by handing Adam over to his father's kitchen protocol care and removing parenting rights from disgruntled litigant Mrs. Bennett, and forbade treatment from Duke University, or somehow gravely undermined and compromised Adam's safety by her ruling. Now, Adam Bennet is dead. He was twenty years old.

Mrs. Bennett, clearly grieving and disgruntled by the tragic and unnecessary loss of her precious son is seeking closure. A meet and greet in an open political forum provides an excellent opportunity to ask serious and important questions to incumbent candidates who are asking for the public's trust and tax dollars.

In a repeat reaction, reminiscent of another forum where Lisa Bell temperamentally indicated distress because another disgruntled litigant named Danita Mitchell was "staring at her" during testimony at Judicial Standards Committee hearing in Raleigh, where she "felt threatened" by then colleague and former Judge Bill Belk during what is affectionately known as "THALHEIMERGATE" http://domesticjustice.blogspot.com/2009/10/continuing-legal-educational-saga-for.html, whom she reported and had removed by the Judicial Standards Committee for raising his voice in disagreement with her, and for failing to resign from the Board of Sonic Automotive. Lisa likes drama, it seems.

During that case Judge Bell ordered the bailiff to remove Belk supporter, Ms. Mitchell from the courtroom, and the bailiff denied her request citing that Ms. Mitchell had done nothing wrong because staring was enforceable. In fact, many people in the room were staring at her due to the strange waste of taxpayer money the frivolous hearings were costing them. Days later, Ms. Mitchell was arrested and held in prison for 90 days, without bond, and without charges.
http://www.scribd.com/doc/24061117/2009-12-07-STATE-of-NC-v-DANITA-MITCHELL-Affidavit-of-Angelique-Landry-4-Pgs-With-Exhibit-a-4-Pgs-8-Pgs-Total
and http://www.youtube.com/watch?v=M0Mcp1qb1bY

Judge Bell is commonly regarded for her confidence, assertiveness and tenatious committment to her own convinctions, no matter how ill-informed or misguided. She is also well known for being spoiled, demanding, skittish and teary at times as documented in the comedic videos circulating the web. Perhaps she has sufferred trauma in her life, and has a certain hyper-sensitivity. No one knows for sure. Voters claim to have repeatedly witnessed an unwillingness for her to address the sincere concern of her constituency, particularl in grave circumstances such as Ms. Bennett's tragic loss of her son.
It would have been the decent thing to do for Judge Bell to graciously take questions from Mrs. Bennett and offer a private audience with her regarding the ruling and its resulting tragedy.

Charlotte voters are worried. They are counting the deaths in family court, now numbered at 4 since 2008.

see article here:

Judge Bell exits forum after clash over family court ruling

Police are summoned after woman confronts chief district court judge over family court ruling.

By Ely Portillo
elyportillo@charlotteobserver.com

Posted: Friday, Sep. 17, 2010

LEGAL FORMS & RULES

2011-03-28T00:24:00.000-07:00

Mecklenburg County Bar Association Legal Forms for quick & convenient litigation

http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Default.asp?CountyID=60

Motion to QUASH

2011-03-28T00:13:00.001-07:00

quash v. to annul or set aside. In law, a motion to quash asks the judge for an order setting aside or nullifying an action, such as "quashing" service of a summons when the wrong person was served.

The motion to Quash, when granted, ends the battle.
Use it or lose it. Here is the form.

http://www.nccourts.org/forms/documents/306.pdf

Nine Rules for Winning Your Case in the North Carolina Court of Appeals

2011-03-28T00:06:00.001-07:00

Nine Rules for Winning Your Case in the
North Carolina Court of Appeals
delivered by
Judge K. Edward Greene
N.C. Court of Appeals
July 24, 1997
to the American Judicature Society, Charlotte, North Carolina

1. Preserve your record at the trial level. For example, object to the instructions of the trial judge; put the answer of the witness in the record, if the trial judge sustains an objection to your question; make sure the in camera hearing is recorded; articulate your specific reasons for objecting to the evidence being offered; articulate the basis for your motions for directed verdict, your motions for a new trial, etc. See generally N.C. R. App. P. 10(b)(1) (1997). Rule 10 provides that "to preserve a question for appellate review, a party must have presented to the trial court a timely request, objection or motion, stating the specific grounds for the ruling the party desired the court to make if the specific grounds were not apparent from the context." Id. The Rule also provides that the party "obtain a ruling upon the party's request, objection or motion." Id.

A party may not assign error to a jury charge "unless he objects thereto before the jury retires to consider its verdict, stating distinctly that to which he objects and the grounds of his objection." N.C. R App. P. 10(b)(2). The trial judge is required to provide the parties with an opportunity to make their objections outside the presence of the jury, id., and the failure to so provide probably relieves the party from making such an objection.

If not preserved, the alleged error cannot be the basis of an assignment of error. If you have no basis for an assignment of error, you have no basis to appeal. Of course, in the area of criminal law, there is the concept of plain error, which allows a party to assert on appeal an error occurring in the trial court, even though not raised at trial. N.C. R App. P. 10(c)(4). To constitute plain error, however, the error must have been particularly egregious. There is no such thing as plain error in the context of civil law.

2. Give timely notice of appeal. The notice of appeal is not filed in the appellate courts, as in some states -- but in the clerk of court's office in the county where the order was entered. N.C. R. App. P. 3(a). You have 30 days in which to give your notice in civil cases -- that is 30 days after the entry of the order. N.C. R. App. P. 3(c). The 30 days is tolled in those instances where certain motions are filed, i.e., a Rule 59 motion for a new trial. N.C. R. App. P. 3(c)(4). The Court of Appeals has accepted as timely an appeal occurring later than 30 days after entry of judgment, when the party had objected to the entry of the judgment and the notice of appeal was taken within the 30 days from a subsequent judgment and stated that the appeal was from both the earlier and later judgment. Collins v. Collins, 125 N.C. App. 113, 114, n.1 (1997).

The notice must be specific as to what order you are appealing from, N.C. R. App. P. 3(d), and all parties to the action must be served. N.C. R. App. P. 3(a). There are special rules to appeal juvenile cases and termination of parental rights cases. See N.C.G.S. § 7A-289.34, -666.

There is the continuing problem of determining when the entry of judgment or order by the trial court is made, but do not take any chances with this. It is rarely a problem to appeal too early. An appeal filed too late is deadly -- as the appellate court is not vested with subject matter jurisdiction. An appellate court may not waive improper notice of appeal pursuant to Rule 2, which permits the appellate court to waive imposition of a rule "[t]o prevent manifest injustice to a party, or to expedite decision in the public interest." N.C. R. App. P. 2.

The time limit in criminal cases is 10 days after entry of the judgment. N.C. R. App. P. 4(a). The appeal can be either oral or in writing. Id. I suggest you always put it in writing, to avoid confusion.

3. Settle the Record on Appeal. The parties need to agree on what will be included in the record on appeal. See generally N.C. R. App. P. 11. Many appellants lose their case at this stage by not including in the record those items that are required for the appellate court to understand the case. For instance, a party may argue that the trial court erred in its jury instructions, but fail to include the jury instructions in the record.

The rules provide that if the parties cannot agree to what should be in the record, the trial judge who presided over the case being appealed will meet with the parties and order what will be included in the record. N.C. R. App. P. 11(c). This settlement is effectively a final decision, even though there is a right to seek review in the appellate courts by a petition for writ of certiorari -- a discretionary type of review. Rule 9 specifies what needs to the included in the record on appeal. For example, a record for a civil action must include: a statement identifying the trial judge, a copy of the summons, copies of the pleadings, copies of the issues and verdict, copy of the notice of appeal, and anything necessary for "establishing time limits relative to the perfecting of the appeal." See N.C. R. App. P. 9(a)(1). Of course the evidence "necessary" for an understanding of the appeal may be included as narrative or a verbatim transcript of the proceedings can be used. N.C. R. App. P. 9(a)(1)(e). And most importantly, a listing of the assignments of error. N.C. R. App. P. 9(a)(l)(k).

4. Assignments of error. The assignments of error shall "be stated at the conclusion of the record on appeal, in short form without argument, and shall be separately numbered." N.C. R. App. P. 10(c)(1). Each assignment shall be "confined to a single issue of law; and shall state plainly, concisely and without argumentation the legal basis upon which error is assigned." Id. It should direct the appellate court to the record where the error appears with "clear and specific record or transcript references." Id. Table 4 of Appendix C of the Rules sets out some good examples. For example: "The denial of defendant's motion to dismiss under Rule 12(b)(2) on the grounds that the uncontested affidavits show no grounds for jurisdiction existed." In our court, assignments of error are a real problem for appellants, as they either get argumentative or set forth no grounds in support of the contention. This rule violation is waivable pursuant to Rule 2.

5. File a good brief. The function of the brief is to "define clearly the questions presented to the reviewing court and to present the arguments and authorities upon which the parties rely in support of their respective positions." N.C. R. App. P. 28(a). If the issue is not discussed in the brief, even though an assignment or error is asserted, the issue is deemed abandoned. N.C. R. App. P. 28(b)(5). The brief should also contain a procedural history of the case along with "full and complete statement of the facts." N.C. R. App. P. 28(b)(3), (4). Only those facts "which are necessary to understand all questions presented for review, supported by references to pages in the transcript of proceedings, the record on appeal, or exhibits." N.C. R. App. P. 28(b)(4). The appellant is required to reproduce as appendixes to its brief: "those portions of the transcript of proceedings . . . to understand any question presented" and "relevant portions of statutes, rules, or regulations, the study of which is required to determine questions presented in the brief." N.C. R. App. P. 28(d)(1). There is a 35-page limit in the Court of Appeals, N.C. R. App. P. 28(j), and an 11 point type is to be used. See N.C. R. App. P. 26(g), see also Lewis v. Craven, 122 N.C. App. 143, 468 S.E.2d 269 (1996) (setting out how many letters on each line and how many lines per page).

The best advice I can give a brief writer: articulate the applicable standard of review. For example, is the appellate court's review de novo or is it bound by the decision of the trial court if supported by competent evidence. Also, limit your discussion to no more than five or so assignments of error. A brief that attempts to discuss a large number of assignments of error in a 35-page brief is ineffective. Maybe it can be done in the Supreme Court, where there is no page limitation, but I suspect it is a problem there as well. You do not want the court to feel as though you are wasting their time with frivolous arguments. It tends to discredit your good arguments.

6. Oral Arguments. The appellant is entitled to open and close the argument. N.C. R. App. P. 30(a). "oral arguments should complement the written briefs, and counsel will therefore not be permitted to read at length from briefs, records, and authorities." Id. Each side has thirty minutes to argue. N.C. R. App. P. 30(b)(1). If the members of the Court of Appeals panel "conclude that oral argument will not be of assistance to the court, the case will be disposed of on record and briefs." N.C. R App. P. 30(f)(2). The Supreme Court has a similar rule but rarely invokes it. N.C. R. App. P. 30(f)(1). The Court of Appeals uses it often. In fact, we hear about only 10% of the cases filed in the court. Lesson: Make sure your brief is good.

Here are some tips for oral argument: Pay attention to the questions of the judges. Those questions reflect the very issues the court is concerned with. This is your opportunity to influence them. Do not read! I suggest that you do not take anything other than an outline to the dais because there will be a tendency to rely on written material. Go straight to the major issues -- those on which you have the best shot of convincing the court. Do not attempt to cover each of your arguments. Save time for rebuttal and listen to the appellee's argument and address those points. Admit you could not find any law on point. Acknowledge the law that is against you. Argue public policy, why the court should rule in your favor, and the consequences of a ruling against you. Do not spend a lot of time on the facts -- just integrate them into your discussion of the law. Avoid citing cases in your oral presentation. Know and refer to the judges by name and remember that judges on the Supreme Court are known as "justices." Know also which side of the table to sit on (appellant sits on the judges' left). Be assertive in your argument and show to the court that you believe in what you are saying and that you know this case better than anyone. The fact is you should -- you have been living with this case for years, whereas the judges on the appellate court have just learned about it. This is your opportunity to teach them and do this in a respectful, helpful, and humble way.

7. Stays pending appeal. The perfecting of an appeal stays all further proceedings in the trial court. N.C.G.S. § 1-294 (1996). An appeal is actually perfected when it is docketed. But the perfecting of an appeal does not stay the execution on a judgment. Once perfected, it relates back to the giving of the notice of appeal. To avoid confusion, however, the best approach is to seek a stay of the execution or enforcement of the order appealed from. See N.C. R. App. P. 8(a). If denied or if time does not permit the filing of such a motion in the trial court, a writ of supersedeas can be filed in the appellate court. Id. The question is whether the writ is required to maintain the status quo.

8. Remember that you are an officer of the Court. Always be fair and open to the court. Tell them of cases that are directly on point and those against you.

9. Best defense can be a good offense. Be aware of your right to cross-assign error. See N.C. R. App. P. 10(d). Here you argue that an action or omission of the trial court "deprived the appellee of an alternative basis in law for supporting the judgment, order, or other determination from which appeal has been taken." Id. Of course, the appellee may also appeal, that is, seek to reverse some other aspect of the holding of the trial court.

Application of these principles in the Trial Court. With the exception that the Rules of Appellate Procedure do not apply to the trial court, the other ideas I have suggested are appropriate in the trial court. It is even more important at the trial court level that the written brief be concise and clear. Often the trial judge will need to read it on the spot or while on a lunch break. You can generally anticipate the tough issues that you will be faced with during the trial and it is always a good idea to have a brief ready for the court.

Best argument I have ever heard? The lawyer, who was arguing for the appellant, took no notes to the podium. He told the court why the case was important, not only to his client but to this State; explained what happened in the trial court and why that outcome was wrong and in need of correcting; and reviewed in specific terms the law that would support our ruling in his favor. He also forecast the argument of the appellee and told us why that was not consistent with current law and why it would represent bad public policy. Then, he encouraged questions and did not let them interfere with the flow of his argument. Instead, he used them to make his points.

APPLICATION TO USE ELECTRONIC CAMERA/VIDEO/RECORDING EQUIPMENT IN COURT

2011-03-28T00:03:00.001-07:00

http://www.nccourts.org/Courts/CRS/Policies/LocalRules/Documents/427.pdf

HOW TO STOP LEGAL PROCEEDINGS IN FAMILY COURT

2011-03-28T00:00:00.000-07:00

File a stay of proceedings

http://en.wikipedia.org/wiki/Stay_of_proceedings

THE QUASH & STAY...a way out

2011-03-27T23:42:00.001-07:00

MOTION TO QUASH

2011-03-04T18:26:00.000-08:00

How does one remove or nullify a badly written order? Quash it. Like a bug.

Motion to quash is a handy thing. Read more about it here:

http://www.wisegeek.com/what-is-a-motion-to-quash.htm

Legal Negligence

2010-10-11T23:38:00.001-07:00

"Suit Within a Suit" Requirement

Normally in a legal malpractice suits, a client not only has to prove malpractice, but also must establish that a money loss resulted from the attorney's negligence. To establish this requires proving something about the underlying matter.

The level of what must be proved regarding the underlying litigation (or underlying business or personal transaction) differs from state to state. There are three general categories of the requirements. I'll generalize, using litigation as the underlying matter. Some states allow or require.

Category # 1. Must show that underlying litigation would have been won but for the negligence.
Category # 2. Must only show that underlying litigation could have been won but for the negligence, and most probably would have been won.
Category # 1. Must show that underlying litigation would have had a better settlement value but for the negligence.

Even within these categories, there is variation. For example in category # 1 above, some states want the reference to be to what a "reasonable trier of fact, or a reasonable judge, as the case may be, would have done. Other states want the reference to be to what the specific jury or judge would have done.
In most states the rule is that if the attorney’s error occurred in litigation, the "" doctrine requires the aggrieved party to show: (1) that the initial litigation, if handled properly, would have resulted in a judgment in that party's favor (the so-called suit within a suit rule); and (2) that the resulting judgment was collectable. E.g., see Jackson v. Urban, Coolidge, Pennington & Scott, 516 S.W.2d 948 (Tex. Civ. App. Houston [1st Dist.] 1974, writ ref'd n.r.e.).
However, this requirement of proving the result of the litigation may be overcome in some jurisdictions. It seems unfair to require a person claiming that a former lawyer bungled earlier litigation to show that the earlier suit, if properly handled, absolutely would have resulted in a judgment in that person's favor, when in all likelihood that case would have been settled rather than tried. Statistically, most cases are settled, not tried. Less than 5% of cases get past pre-trial and legal motions and settlements to a courtroom trial door.
Some jurisdictions permit a party in that position to show that the underlying suit had settlement value and to use that value as a measure of damages. Lieberman v. Employer's Ins. of Wausau, 419 A.2d 417 (New Jersey 1980); Merzlah v. Purcell, 830 P.2d 1278 (Mont. 1992). Cf. Alva v. Hurley, Fox, Selig, Caprari & Kelleher, 593 N.Y.S.d 728 (Sup. Ct. N.Y. 1993) (providing that New York law requires only proof of actual damages).
In Texas the case of Heath v. Herron, 732 S.W.2d 748 (Tex. App. Houston [14th Dist.] 1987, no writ) affirmed a judgment against an attorney for malpractice based on expert settlement value testimony admitted without objection, about an underlying case which had been settled. This is not the same level of case law as a case in which objection had been made at the trial level either to the testimony or the instructions on damages. Likewise in 864 S.W.2d 662 Haynes & Boone v. Bowser Bouldin, Ltd., (Tex.App.-San Antonio 1993) the case involved a defendant in the underlying case who had settled after the malpractice of its attorney. It was said: "The proper measure of damages is the difference between the value of the settlement handled properly and improperly. Heath v. Herron, 732 S.W.2d 748, 753 (Tex.App.--Houston [14th Dist.] 1987, writ denied)."
Another way to say the above is to list in a checklist style, as follows.

First the Plaintiff must show that there was attorney malpractice (professional negligence)
Second, if the attorney’s error occurred in litigation, Plaintiff must prove what would have happened in the litigation if his/her attorney had not been careless. Usually, to do so a Plaintiff must prove “a case within a case” — that the he/she would have won if the attorney had not committed malpractice.
In some states and cases, it may be possible to claim the attorney’s error caused the settlement value of the case to decrease, without showing that the case could have been won. This is most likely to be allowed in a situation where the underlying case had been settled.
Third, in litigation cases, the Plaintiff is some states must show that the jury award or a reasonable settlement amount could have been collected from the defendant in the underlying case.

The following items likewise can be listed in a checklist style.

Economic damages may be recovered in all forms of malpractice cases. In litigation cases, economic damages may include any elements of damages that the client could have recovered in the underlying litigation, including out of pocket losses, mental anguish damages recoverable in the underlying litigation, lost pre-judgment and post-judgment interest, and lost court costs, et cetera..
Mental anguish damages are ordinarily not recoverable in malpractice claims based on negligence, but may sometimes be recovered because of special statute in the state.
Exemplary damages may be recoverable if an attorney acted with malice or committed fraud. These awards are capped by statute, but there are numerous complicated exceptions.
If a legal malpractice Plaintiff wins on a breach of fiduciary duty claim or negligence, the attorney may be required to give the client any fees he collected on the case.
A Plaintiff may not recover the amount of fees he had to pay to bring a claim against his first attorney except in some states the amount necessary to prove the underlying case in the legal malpractice action.

Bullying Law & Legal Definition

2010-10-11T23:36:00.000-07:00

USLegal » Legal Definitions Home » B » Bullying Law & Legal Definition

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Bullying Law & Legal Definition

Bullying is generally defined as an intentional act that causes harm to others, and may involve verbal harassment, verbal or non-verbal threats, physical assault, stalking, or other methods of coercion such as manipulation, blackmail, or extortion. It is aggressive behavior that intends to hurt, threaten or frighten another person. An imbalance of power between the aggressor and the victim is often involved. Bullying occurs in a variety of contexts, such as schools, workplaces, political or military settings, and others.
Laws and policies governing bullying vary by state and entity. As of March 2007, 30 states have enacted harassment, intimidation and bullying statutes. In 2007, Iowa enacted anti-harassment and anti-bullying legislation. During the 2005-2006 legislative sessions, eleven states - Alaska, Arizona, Idaho, Indiana, Maine, Maryland, Missouri, Ohio, South Carolina, Tennessee and Virginia - enacted new policies, and four states - Arkansas, Connecticut, Illinois and Vermont - amended or expanded statutes.
. The following is an example of a school policy defining bullying:
For the purpose of this policy, “bullying” means any physical act or gesture or any verbally, written or electronically communicated expression that”
A. A reasonable person should expect will have the effect of:
1. Physically harming a student or damaging a student’s property.
2. Placing a student in reasonable fear of physical harm or damage to his/her property; or
3. Substantially disrupting the instructional program or the orderly operations of the school; or
4. Is so severe, persistent, or pervasive that it creates an intimidating, hostile educational environment for the student who is bullied.

Related Terms

Terms with 'Bullying'
Cyber Bullying

Definition List

Bulletin (Education)
Bullet/Resisting [Nuclear Regulatory Commission]
Bullet Loan
Bullet Clause
Bullet
» Bullying
Bum-Marriage Doctrine
Bumbershoot Insurance
Bumper Standard
Bumping (Labor)
Bundled Contract

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How Real Is 'The Threat'? What Mediators Should Know About Malicous Prosecution

2010-10-11T23:34:00.001-07:00

How Real Is 'The Threat'? What Mediators Should Know About Malicous Prosecution

by Daniel Ben-Zvi
First published by ICM Update, February 2003.
September 2003

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Mediators routinely hear an attorney on one side or the other, or on all sides, make The Threat. And when it comes, it is often accompanied by a raised voice and index finger, either jamming down staccato-like on the table or wagging around. The attorney's voice drops to effectively communicate readiness to use this ultimate weapon in the arsenal of law and revenge. Should a settlement not be reached in this mediation, the attorney intones, the opposition and their attorneys can expect to be served right after this case with a Malicious Prosecution lawsuit. Malicious Prosecution targets the opposing parties and/or their legal advisors who did not prevail in a prior legal action.
The Threat is often made deep into the mediation. By this time, the client has progressively relinquished, in a series of steps, more and more dollars or claims in the name of negotiation. The Threat is an attorney's way of proving undying loyalty to the client and aggressiveness for the cause during the difficult stages of compromise. Or, The Threat is made to motivate the opposition, or at least the mediator, to somehow close the deal on the last offer made. That's how mediators often see it. Nothing more.
But, there is something more. It's not just threats. Malicious prosecution cases are being filed in ever-increasing record numbers. Attorneys and their former clients are being reunited as defendants in lawsuits. The risk of claims against an attorney by third parties (people who the attorney does not represent) is at an all-time high. The biggest peril of litigation facing a lawyer practicing in Los Angeles now is no longer a legal malpractice claim by his or her client - it is a malicious prosecution action by the disgruntled opposing litigant who was named as a party in that client's unsuccessful prior lawsuit.
Some bitterly bemoan the rise in popularity of this once universally disfavored claim as further evidence of the decline in civility among lawyers. Others applaud how these cases succeed in getting frivolous litigants and their greedy trial lawyers to pay the attorneys' fees and costs incurred by the innocent and, potentially, punitive damages. Either way, a mediator should understand certain points about malicious prosecution.
The essential elements of a Malicious Prosecution claim are: (1) that the prior action was initiated by or at the defendant's direction and was terminated in plaintiff's favor; (2) was brought without probable cause; and (3) was commenced with malice.
Settlements entered into at mediations typically include a dismissal of claims. Such a dismissal cannot be the basis for a malicious prosecution action. The red flag is raised however where a claim is dismissed either by the court or voluntarily by a party outside of a mediation and not in furtherance of a settlement. Under certain circumstances, determined by case law, such dismissal can be the basis for a Malicious Prosecution action. This is another reason why mediators should encourage parties to conclude with an agreement or memorandum of settlement in writing. It avoids any ambiguity down the road that the dismissal was filed pursuant to a settlement.
California attorneys are often caught off guard on a number of matters when sued for malicious prosecution. First, although professional liability insurance can cover defense costs in a malicious prosecution action, it will not indemnify the attorney for damages. This could place the sued attorney on the hook personally if a jury finds him liable for his client's prior unsuccessful lawsuit. Second, he may not be able to waive the attorney - client privilege even though that may be the only effective way to mount a defense. Third, when a party gets sued in a malicious prosecution action, that party frequently turns around and cross complains against his attorney.
Finally, an attorney defendant may be found liable for Malicious Prosecution on the basis of merely one of many causes of action from his complaint in the underlying action. It just takes one bad apple -- even where all the other causes of action in the bunch are found to be good or, as a court would say, objectively tenable. Many attorneys overplead their clients' cases in complaints and do not appreciate the risk.
While Malicious Prosecution claims are hard to prove (e.g., malice or ill will is tough to show), an attorney defendant is particularly motivated to settle to prevent his fate from being decided by a jury which may harbor negative stereotypes about trial lawyers. There is a relatively new weapon to stave off a frivolous malicious prosecution claim. Under California Code of Civil Procedure § 425.16, called the anti-SLAPP statute, the defendant can challenge an action for malicious prosecution within 60 days after the complaint is served, during which time all discovery is stayed unless "good cause" is shown. Unless the plaintiff establishes "reasonable probability" of success on the merits, the case is dismissed - and the prevailing defendant is entitled to recover attorneys' fees.
But, a significant number of malicious prosecution cases are not being stricken thorough this special challenge. Case in point: I recently mediated a malicious prosecution of a malicious prosecution case. The dispute that started the entire litigation seemed to be ancient history.
So the next time The Threat of malicious prosecution is made in a mediation of any dispute, a mediator just might, given the circumstances, guide the opposition in giving it a second thought.

Questions are raised as Bullying induced suicide in Ohio resembles the death of Christa Chidester. Was Christa bullied to death?

2010-10-11T23:21:00.000-07:00

4 bullied teens, 4 deaths, 1 school

Ohio's Mentor High under fire after rash of suicides

By MEGHAN BARR

Associated Press

MENTOR, Ohio - Sladjana Vidovic's body lay in an open casket, dressed in the sparkly pink dress she had planned to wear to the prom. Days earlier, she had tied one end of a rope around her neck and the other around a bed post before jumping out her bedroom window.
The 16-year-old's last words, scribbled in English and her native Croatian, told of her daily torment at Mentor High School, where students mocked her accent, taunted her with insults like "Slutty Jana" and threw food at her.
It was the fourth time in little more than two years that a bullied high-school student in this small Cleveland suburb on Lake Erie died by his or her own hand - three suicides, one overdose of antidepressants. One was bullied for being gay, another for having a learning disability, another for being a boy who happened to like wearing pink.
Now two families - including the Vidovics - are suing the school district, claiming that their children had been bullied to death and that the school had done nothing to stop it. The lawsuits come after a national spate of high-profile suicides by gay teens and others, and during a time of national soul-searching about what can be done to stop it.
If there has been soul-searching among the bullies in Mentor - a pleasant beachfront community that was voted one of the "100 Best Places to Live" by CNN and Money magazine this year - Sladjana's family saw little of it at her wake in October 2008.
The family watched as the girls who had tormented Sladjana for months walked up to the casket - and laughed, said her sister, Suzana, who had found her body hanging over the front lawn.
"They were laughing at the way she looked," Suzana says, crying. "Even though she died."
Sladjana Vidovic, whose family had moved to northeast Ohio from Bosnia when she was a little girl, was pretty, vivacious and charming. She loved to dance. She would turn on the stereo and drag her father out of his chair, dance him in circles around the living room.
"Nonstop smile. Nonstop music," says her father, Dragan, who speaks only a little English.
At school, life was very different. She was ridiculed for her thick accent. Classmates tossed insults like "Slutty Jana" or "Slut-Jana-Vagina." A boy pushed her down the stairs. A girl smacked her in the face with a water bottle.
Phone-callers late at night would tell her that she should go back to Croatia, that she'd be dead in the morning, that they'd find her after school, says Suzana Vidovic.
"Sladjana did stand up for herself, but toward the end she just kind of stopped," says her best friend, Jelena Jandric. "Because she couldn't handle it. She didn't have enough strength."
Vidovic's parents say they begged the school to intervene many times. They say the school promised to take care of her.
She had already withdrawn from Mentor and enrolled in an online school about a week before she killed herself.
When the family tried to retrieve records about their reports of bullying, school officials told them the records were destroyed during a switch to computers. The family sued in August.
Two years after her death, Dragan Vidovic waves his hand over the family living room, where a vase of pink flowers stands next to a photograph of Sladjana.
Today, no music," he says sadly. "No smile."

Eric Mohat was flamboyant and loud and preferred to wear pink most of the time. When he didn't get the lead soprano part in the choir his freshman year, he was indignant, his mother says.

Watch sports videos you won't find anywhere else

LEGAL NEGLIGENCE IN CHARLOTTE NC

2010-10-07T22:20:00.001-07:00

http://www.mecklaw.com/Practice-Areas/Legal-Malpractice.shtml

2010-04-24T00:31:00.001-07:00

Intentional infliction of emotional distress

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Intentional infliction of emotional distress (IIED) is a tort claim of recent origin for intentional conduct that results in extreme emotional distress. Some courts and commentators have substituted mental for emotional, but the tort is the same. Some jurisdictions refer to IIED as the tort of outrage.

[hide]

[edit] Rationale for classification

The IIED was created in tort law to address a problem that would arise when applying the common law form of assault. The common law tort of assault did not allow for liability when the threat was not imminent. A common case would be a future threat of harm that would not constitute common law assault, but would nevertheless cause emotional harm to the recipient. IIED was created to guard against this kind of emotional abuse, thereby allowing a victim of emotional distress to receive compensation in situations where he or she would otherwise be barred from compensation under the common law form.
Originally at common law, a plaintiff could not recover for physical injury from fright alone absent an impact even though the defendant was shown to have operated a railroad negligently (shock without impact).^[1] Even with intentional conduct, absent material damage, claims for emotional harm were similarly barred. "Mental pain or anxiety, the law cannot value, and does not pretend to redress, when the unlawful act causes that alone. Though where a material damage occurs, and is connected with it, it is impossible a jury, in estimating it, should altogether overlook the feelings of the party interested."^[2] Courts had been reluctant to accept a tort for emotional harm for fear of opening a "wide door" to frivolous claims.^[3]
A change first occurred in the Irish courts which repudiated the English railroad decision.^[4] The idea that shock without impact would be a bar to recovery was first questioned at the Queen's Bench in Pugh v. London etc. Railroad Co.^[5] In the following year, the tort was first formally recognised in the case of Wilkinson v. Downton [1897] 2 QB 57, although it was referred to as "intentional infliction of mental shock". Citing Pugh and the Irish courts as precedent, the Wilkinson court noted the willful nature of the act as a direct cause of the harm. Wilkinson was the basis for the later decision in Dulieu v. White & Sons [1901] 2 KB 669.^[6] English courts regarded Dulieu as firmly establishing the possibility of recovery for emotional harm absent physical impact.^[7]

[edit] Elements

Defendant acted intentionally or recklessly; and
Defendant’s conduct was extreme and outrageous; and
Defendant’s act is the cause of the distress; and
Plaintiff suffers severe emotional distress as a result of defendant’s conduct.

[edit] Intentional or reckless act

The intent of the act need not be to bring about emotional distress. A reckless disregard for the likelihood of causing emotional distress is sufficient. For example, if a defendant refused to inform a plaintiff of the whereabouts of the plaintiff's child for several years, though that defendant knew where the child was the entire time, the defendant could be held liable for IIED even though the defendant had no intent to cause distress to the plaintiff.

[edit] Extreme and outrageous conduct

The conduct must be heinous and beyond the standards of civilized decency or utterly intolerable in a civilized society. Whether the conduct is illegal does not determine whether it meets this standard. IIED is also known as the tort of "outrage," due to a classic formulation of the standard: the conduct must be such that it would cause a reasonable person to exclaim "Outrageous!" in response.
Some general factors that will persuade that the conduct was extreme and outrageous: (1) there was a pattern of conduct, not just an isolated incident; (2) the plaintiff was vulnerable and the defendant knew it; (3) the defendant was in a position of power; (4) racial epithets were used; and (5) the defendant owed the plaintiff a fiduciary duty.^[8]^[9]

[edit] In public

Many jurisdictions, including Arkansas and New York, require the element that the incident complained of must have taken place in public.^{[citation needed]}
This is consistent with other Dignitary Torts, which all require some public space, publicity, or publication.^{[citation needed]}

[edit] Causation

The actions of the defendant must have actually caused the plaintiff's emotional distress.^[9]

[edit] Plaintiff must actually suffer emotional distress

The emotional distress suffered by the plaintiffs must be "severe." This standard is quantified by the intensity, duration, and any physical manifestations of the distress. A lack of productivity or depression documented by professional psychiatrists is typically required here, although acquaintances' testimony about a change in behavior could be persuasive.
An example of an act which might form the basis for a claim of intentional infliction of emotional distress would be sending a letter to an individual falsely informing the person that a close family member had been killed in an accident.

[edit] Pleading practices

In civil procedure systems (such as in the United States) that allow plaintiffs to plead multiple alternative theories that may overlap or even contradict each other, a plaintiff will usually bring an action for both intentional infliction of emotional distress and negligent infliction of emotional distress (NIED). This is just in case the plaintiff later discovers that it is impossible to prove at trial the necessary mens rea of intent; even then, the jury may still be able to rule for them on the NIED claim.
There are some reported cases in which a plaintiff will bring only a NIED claim even though a reasonable neutral observer could conclude that the defendant's behavior was probably intentional. This is usually because the defendant may have some kind of insurance coverage (like homeowners' insurance or automobile liability insurance). As a matter of public policy, insurers are barred from covering intentional torts like IIED, but may be liable for NIED committed by their policyholders. See deep pocket.

[edit] Hostility towards IIED claims

Courts in most jurisdictions take a decidedly unfavorable stance towards IIED claims. It is felt that they are generally frivolous claims for non-quantifiable harm, and often are appended to other more substantive claims merely as an afterthought. Meeting the element of conduct that is so outrageous as to be beyond the bounds of civilized society is extremely difficult, and consequently most claims fail.
The New York Court of Appeals, for example, has stated that "Indeed, of the intentional infliction of emotional distress claims considered by this Court, every one has failed because the alleged conduct was not sufficiently outrageous." Howell v. New York Post.^[10]

[edit] First Amendment considerations

The U.S. Supreme Court case Hustler v. Falwell involved an IIED claim brought by the evangelist Jerry Falwell against the publisher of Hustler Magazine for a parody ad that described Falwell as having lost his virginity to his mother in an outhouse. The Court ruled that the First Amendment protected such parodies of public figures from civil liability.^[11]

[edit] References

^ In English law, see Victorian Railways Commissioners v. Coultas (1888) 13 AC 222 woman barred from recovery due to shock despite suffering a miscarriage, along similar grounds decided in the same month in New York see Lehman v. Brooklyn City Railroad Co. 47 Hun (NY) 355 (1888)
^ Lord Wensleydale, Lynch v. Knight (1861) 9 HLC 577 at 598; 11 ER 854, where a married woman unsuccessful sought redress for "slanderous imputation of unchastity"
^ Mitchell v. Rochester Railway Co. 151 NY 107 (1896)
^ see Bell v. Great Northern Railway of Ireland (1895) 26 LR (Ir) 428; also citing an unreported decision in Byrne v. Great Southern and Western R. Co. of Ireland
^ [1896] 2 QB 248
^ note: material elements in Dulieu were substantially similar to Coultas
^ Archibald H. Throckmorton Damages for Fright, Harvard Law Review 24 Harv L. Rev. 260 (1921)
^ Taylor v. Metzger, 706 A.2d 685 (N.J. 1998).
^ ^a ^b GTE Southwest, Inc. v. Bruce, 998 S.W.2d 605 (Tex. 1999).
^ (internal citations omitted) Howell v. New York Post, 81 N.Y.2d 115, 612 N.E.2d 699, 596 N.Y.S.2d 350 (1993).
^ Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 (1988).

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Domestic Abuse Healing From WIthin

2010-02-19T22:20:00.000-08:00

"Take Control of Your Health, Your Happiness
and Your Life"

Domestic Abuse Healing from Within

From the Desk of Dr. Jeanne King, Ph.D.
Saturday February 20, 2010
Dear Survivor,
Control is the central theme of intimate
partner violence. Both during and after an
abusive relationship, domestic abuse survivors
seek to sort out their unresolved issues around
control.
Controlling your emotions, controlling your thoughts,
controlling your physiology, controlling your finances,
controlling your environment, your ex-partner's access to you...
And it seems HUGE, when life before was all about being
controlled.
It's no wonder that fear, relentless thoughts, depression, panic attacks, insomnia, chronic pain and gastrointestinal complications color your day.
But it doesn’t have to. You can cultivate your capacity for inner control. And from here the rest falls into place.

We’ve just met, so let me introduce myself...as you may be wondering, why listen to me?

I have been helping people identify, end and heal from intimate partner abuse for nearly a decade. And I serve as a consulting expert on both civil and criminal cases of domestic violence.
The first book I wrote on the subject, All But My Soul, became a college textbook in criminal justice. Since this time, I've published over 100 articles on identifying, ending and healing physical, emotional and verbal abuse.
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Shows you the 3 essential keys to your body’s miracle makeover after domestic abuse, so you know how to heal physical injuries.
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Teaches you how to overcome the common obstacles most people encounter in learning meditation, giving you the strategies for obtaining the benefits of meditation practice.
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5 Tips for Lifting Depression in and after an Abusive Relationship

The Role and Impact of Verbal Abuse in Abusive Relationships

Domestic Violence and Child Custody - Legal Psychiatric Ploys of Divorce Lawyers

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2010-02-02T21:18:00.000-08:00

http://www.youtube.com/watch?v=n4MGBt9I5eI

Legal Psychiatric Abuse

2009-11-17T11:17:00.000-08:00

These videos expose the harsh reality that is plaguing the courts and imprisoning innocent people. Columbia University Law school has a course on it and and calls it "Conspiracy to deprive Civil Rights". Every day innocent people are psychiatrically encarcerated and held against their will in an effort to secure illicit, favorable court rulings for the opposing party.

http://www.youtube.com/watch?v=Tm4JO1mgOAw

http://www.youtube.com/watch?v=EEGnweYCadg&feature=related

HOW TO EAT A CHICKEN WING

2009-11-07T21:34:00.001-08:00

http://www.youtube.com/watch?v=BRcOY-PvOC8

RECENT DEVELOPMENT FROM MECK COUNTY BAR WEBSITE

2009-11-05T23:30:00.000-08:00

I found this appalling development from the MCBA website. As if the flagrant conflicts of interest in the Charlotte courts are not enough! Bill Belk has not yet had to recuse himself re: SONIC and they are ousting him, but special attorneys (Not all of them- we have over 4000 in Charlotte) are now carrying privelidged COURT HOUSE ACCESS CARDS to enter and mingle in the restricted areas of the court house, reserved only for the judiciary. Now backroom ex-parte deals are easier than ever!

Report

Courthouse Liaison Committee Courthouse Access Subcommittee
ROBERT C. STEPHENS, CHAIR

During the construction of the newMecklenburg County Courthouse, a committee was formed to determine the issue of lawyer access to private corridors behind the courtrooms in the new facility. This Court Security Committee was composed of Senior Resident Superior Court Judge Robert Johnston, Chief District Court Judge Fritz Mercer, District Attorney Peter Gilchrist, Trial Court Administrator Todd Nuccio, Clerk of Court Martha Curran, County Commissioner Chair Jennifer Roberts, and Sheriff Jim Pendergraph.

Initially, it decided that Mecklenburg County lawyers should not be given special access into or within the new courthouse. In effect, lawyers were not to have any greater or easier access in the courthouse than the general public. Luckily, this decision was just a preliminary one, to remain in place only during the first four months of the new courthouse operation.

Nevertheless, concern arose among the lawyers that this initial “no” could become the policy long term and that lawyers would never be treated any differently than the general public.

This presented a number of problems; for alot of lawyers, the courthouse is where the majority of their work is done.

In response to that concern, the Mecklenburg County Bar (MCB) formed the Courthouse Access Committee.

Our job was to convince the Court Security Committee that Mecklenburg County lawyers were entitled to special access into andwithin the courthouse and that lawyers could begiven that special access while the courthouse stil lmaintained appropriate security and operated without unnecessary interruptions.

Our Committee did its job and did it well. As aresult, Mecklenburg County lawyers were granted special access into and within the new courthouse.Over 900 access cards have been applied for or already issued.

Now, our attorneys have access to the new courthouse through the shorter employees’security line and have cards that provide us withelectronic access to the hallways and offices behindmost of the courtrooms.

Contact with judges, sheriffs, and court officials is much easier now. Our jobs and work within the courthouse can be more efficient.

Special thanks go to Nelson Casstevens, Bill Diehl, Ron Gibson, Ed Hinson, Mitchell Kelling,Tony Lathrop, Ray Owens, Eben Rawls, Tony Scheer, and John Wester of our Bar’s Courthouse Access Subcommittee (now a subcommittee of the Courthouse Liaison Committee).

Special thanks also goes to the Court Security Committee for its time and thoughtful deliberations.

We are fortunate to have these access cards. Remember that having these cards is a privilege, not a right. Honor the access card, use it properly, and, at all times, be civil and courteous in our court house facility.

Bada-bing.

http://docs.google.com/viewer?a=v&q=cache:Cw_yhbHOQCkJ:www.aoc.state.nc.us/www/public/coa/jsc/publicreprimands/jsc08-151.pdf+jonathan+daniel+feit&hl=en&gl=us&pid=bl&srcid=ADGEESiotNH6ydx55V5NKebReeYGP4tRJueZU6u-_fFHoZunMsoguJMXUPmVGho5hLtfXelFDX5AEJGQOMa4RSfto-pXrq99LNcU5BIFdh-8vwdQ9Hvwo5hyMIqY_XxcRoh9mHS5S87A&sig=AHIEtbQmETMepesbrXKfpOKlzG2hSoRzUQ

THALHEIMERGATE

2009-10-28T23:56:00.001-07:00

Tuesday, October 27, 2009

Questions of a Bar Association Insider Scandal Arise as Whistleblower and Court Reformer Judge William Belk is Not So Politely Asked to Leave the Bench

by the Judicial Standards Committee.

IS THIS "THALHIEMERGATE"?

NC JUDICIAL HEARINGS COMMITTEE RULES ON BILL BELK
Bill Belk has been asked to step down. He talked too much.

After two intensive days of hearings in Raleigh the McClatchy newspaper THE CHARLOTTE OBSERVER is taking no prisoners in its arguably skewed coverage of Judicial Standards Committee hearings regarding the controversial charges brought by Chief District Court Judge Lisa Bell against Judge William Belk.

The allegations involve an examination of the statewide legal interpretation of the word "should" and "shall" in reference to Judge Belk's decision to maintain his role on the Board of Directors at Sonic Automotive. Judge Belk has testified before the committee that any possible conflict of interest regarding all of his board memberships have been resolved by his decision to step down from at least three boards. He has kept his role on Sonic Automotive because 90% of the company's business takes place outside of Mecklenburg County and his policy of self-recusal satisfies the remaining possible 10% conflict of interest should it come up in the future. He also stated that he wishes to stay on the board for potential future health benefits that are in discussion as part of an executive compensation plan for board members down the road. He states that he has a delicate health condition that requires ongoing attention and it is of utmost importance that he will have health care insurance in the future after he completes his judgeship in case he is not fully vested.

Judge Belk eloquently articulated and clarified his position regarding the Sonic matter in question, and also was very clear about his dealings with Judge Lisa Bell. He indicated that their argument was fueled by her inaccessibility and his frustration regarding his need to discuss his court appointment year's calendar. Apparently, according to Judge Belk, his supervisor Lisa Bell was inconsistent in her availability and very difficult to pin down.

routine administrative matter was magnified and mishandled by her when in concern, Judge Belk visited her office with a simple question and she casually dismissed him. He indicated to her that he felt she was out to get him by asking if she enjoyed being in the press (CHARLOTTE OBSERVER). He explained that he was upset she contacted the press with personal matters regarding Sonic Automotive.

Belk's concern was further elevated due to Judge Bell's clear and close relationship with ousted former Judge Ben Thalheimer, the incumbent opponent who Judge Belk defeated by a landslide 57%. It appeared to Judge Belk that Judge Bell was complicit in undermining his new role and angling to have him removed from the bench in order to possibly reinstate her close friend.

According to testimony Belk considers her behavior unacceptable and unprofessional as well as disrespectful to the taxpayers and voters who elected him . The awkward political tenor of the situation has drawn great media scrutiny and THE CHARLOTTE OBSERVER'S politics writer Jim Morrill seems to have a commitment to THE OBSERVER'S remarkable distaste for Judge Belk according to the numerous articles and degrading political cartoons which have been published since Judge Belk's election.

Belk, a freshman judge on the bench ran on a highly polarized platform of judicial reform. Once considered to be the underdog candidate pitting himself up against an incumbent, Ben Thalheimer, Judge Belk ran a thoughtful and highly controversial whistle blower's campaign. The incumbent Judge Ben Thalheinmer who was highly favored to win the election had treated the campaign just like any other. It is allegedly common knowledge that for years, family court litigants filed in and out of former Judge Thalheimer's courtroom and routinely had their civil rights stripped from them in full view, day after day, week after week, month after month and year after year. Litigants who went to the Charlotte Observer and begged the editors to do a story were routinely disappointed. The FBI was contacted. Not one case of judicial abuse of power or judicial misconduct was ever investigated.

It is also alleged that heavy hitting JMD attorney Bill Diehl is a former FBI employee, though no confirmation is available. According to NC Courtwatch, a judicial corruption watchdog group, countless innocent parents were subjected to ongoing and routine malicious prosecution, in the hostile tradition referred to as "THE DIVORCE REGIME" by academic professor Stephen Baskerville, often at the hands of JMD litigators Bill Diehl and Jonathan Feit who have, according to several litigants, a suspiciously quasi-undefeated record in former colleague and family court judge Ben Thalheimer's courtroom. It was Bill Diehl who represented Judge Bill Belk's ex-wife during their divorce, and former judge Ben Thalheimer once again displayed favortism and judicial misconduct by refusing to recuse himself when asked.

The Law firm of JMD also represented Charlotte businessman Mark Chidester in a high profile Union County divorce case that ended tragically when Chidester's wife Christa and stepdaughter Sarah Higgins were evicted from their residence after over two years of "intense litigation" in Judge Gywn's Union County courtroom. Mrs. Chidester was not represented by an attorney because of financial hardship, was suffering from chronic fybromyalgia and depression, and was found dead in her home with her boxes half-packed on eviction day in January of 2008. Her 9 year old daughter Sarah was also found dead at the scene. A note was left by Mrs. Chidester explaining that she could not go on, and felt that her daughter could not go on without a mother by herself. Miss Higgin's father could not be reached for comment.

Coverage on the case by THE CHARLOTTE OBSERVER could not be found as the search function on the newspapers archives resulted in "0 results for Christa Chidester" which is also suspicious and unusual for such a high profile case involving a key Charlotte law firm and executive with Family Dollar Stores. The Associated Press reports the tragic incident and cites it's source at THE CHARLOTTE OBSERVER. ----------- Police: Union County mother, daughter killed in murder-suicide 01/08/2008 Associated Press Authorities say a mother and her 9-year-old daughter found dead in their Union County home appear to be victims of a murder-suicide. Police found the bodies of 34-year-old Christa Higgins Chidester and Sarah Elizabeth Higgins on Monday afternoon after getting a call from a family member asking the someone check on Chidester.

Police say they believe Chidester killed her daughter Friday, then took her own life. They would not discuss how the two died. They did say they found notes from Chidester that detailed the crime and made requests for handling her personall affairs. Information from: The Charlotte Observer, http://www.charlotte.com ---------- Judge Belk testified in the judicial hearings in Raleigh that this tragic incident compelled him to run for the Judge's seat in Mecklenburg County's District 26 and make a difference in the highly questionable and destructive patterns that the Charlotte family court was also notoriously known for.

Years ago, Belk's attorney Masrshall Basinger had a client who committed suicide after losing custody of her children. Supporters of Judge Belk say he was elected because innocent parents were often criminalized, children were routinely "custody-napped", evidence was routinely suppressed, due process was ignored, justice was obstructed and the law firm of JMD "laughed their way to bank as former judge Ben Thalheimer handed them rulings like ice cream cones on a hot day".

It is reported that Thalheimer worked closely with his former colleagues at JMD where he was a former attorney. On multiple occaisions he refused to recuse himself on grounds of conflict-of-interest when asked by concerned litigants. It is widely believed he was loyal to JMD because they financed his campaign. Questions have been raised as to whether the Charlotte courts have ever been operated in a fashion similar to the alleged private and discretionary judicial fund laundering associated with the Bar Association's Mandatory Continuing Legal Education programming in California as reported by Investigative Criminal Attorney Marvin Bryer.

In an explosive interview conducted in 2005, Bryer reveals the sources of money laundering and illegal judicial slush funds being trafficked through the Bar Association to specific judges in the Family Courts via certain "discretionary judicial funds" in California. The payola scheme in California has rocked and riveted the community and explained how many family court cases have been illegally thrown.

Bryer states "They bankrupt you. They take your property. They take your children. They really don’t leave you with much of anything. And they won’t leave you with half. If they target you they’ll take it all because, after they’ve gutted you, they don’t want you to have any resources left to hire professional help to launch a counter-attack. All the evidence I got, I got on my own without the help of any attorney. It’s a common story. You mentioned one case, I think you said “Copley Press v. Superior Court.” I think this is an exciting thing that I’d like to spread across the nation. Under common law we can basically go into these courts where they have these “continuing education” seminars where they’re raising money and nobody knows where the money is going – under common law ask them where themoney went? We’ re going to find outwho took the bribes and I don’t thinkthey can stop us. Imagine everybody inthe United States that has the guts to simply ask, “Where did you go with this money that was from your seminars?” They’re actually charging money to hold seminars in our court . I assume that you have the same thing in other states. In other words they have a Continuing Legal Education seminar? Right." Bryer continues, "In California they call it MCLE – Mandatory Continuing Legal Education. It was formed by the California Judges’ Association which includes every judge in California, along with judicial counsel. They orchestratedan educational ruse to set up a method of collecting money. But they don’t tell you where the money goes. It’ s funded by the state legislation, we’ re tracking that money and it’s driving them nuts. I see evidence of this across the United States, so I’m asking all Americans to start looking at their county bar associations. Check out their publications, and examine your city charity solicitation ordinances. For example, in L.A., no person shall solicit charitable contri-butions without first filing a notice of intent to do so. The county bar has filed no such notice. You follow all new trails,and you’d be amazed what you’ re going to find. I’m getting after some very high profile cases where judges were actu-ally involved in money laundering. I’m getting some really interesting support. I think you’re going to hear about me."

Accordingto The Mecklenburg County Bar Association's official website a Continuing Legal Education ( CLE ) program is indeed alive and well. Attorneys sign up for various classes and pay fees for those classes to recieve credit hours.

Here is an example from the MCBA CLE calendar:

Tuesday, January 19, 20101:00 PM CLE: How To Win Clients & Influence Judges: Ethics, Addiction and Related Issues Video Replay at Moore & Van Allen, from 1:00 p.m. to 4:00 p.m. CLE CREDIT: 3.0 total hours; 2.0 ethics & 1.0 mental health/substance abuse credit. Location: Moore & Van Allen More Information

To many involved it is absolutely mind boggling to watch the Judicial Standards Committee in Raleigh make such a fuss about Judge Belk. The "willfull" misconduct he was accused of is such a non-issue and really moot in comparison to the repeated misconduct his predecessor regularly committed. For those of you not in the know, Bill Belk is accussed of "upsetting" his colleague by name calling and "verbal assault". He called Lisa Bell a "political hack". This, dear readers, is what the dum-dums in Raleigh considered willful misconduct".

A blogger on the commenting on The Observer's coverage put's it rather clearly: JAT said... "I say again, the NC Judicial Standards Commission -- this means you Nancy Vecchia, Paul Ross, and John Martin -- better be absolutely certain it is enforcing a standard against Judge Belk that it can hold other members of the state's judiciary to -- without hesitation." September 30, 2009 3:15 PM Judge Bell is neither popular nor highly regarded by many litigants who have experienced her prickly judicial bedside manner in the courtroom.

A close friend of former judge Ben Thalheimer, Judge Bell seemed seriously miffed when Bill Belk swept in and mopped the floor of all remaining residue Thalheimer may have left behind after seven years playing "Deal or No Deal!" with notorious lawfirm JMD while on the bench. According to the proceedings it seems that Judge Bell alienated herself from Judge Belk as he navigated his way through the treacherous shoals of his new job on the bench. Questions remain as to why Judge Bell neglected to mentor and shepherd him throughout the orientation process.

Christa Chidester Vacates Residence

2008-09-16T00:02:00.001-07:00

Christa Chidester Vacates Residence
Created on January 10th, 2008 by Morbid now with 1,740 views

WEDDINGTON, NC - Christa Chidester,34, was going through a divorce with her husband, Mark Chidester, 52. She also suffered from fibromyalgia, severe back pain and depression. She had gotten a court order which stated “Wife and her daughter shall vacate the former marital residence no later than Friday, January 4, 2008, at 5 p.m.” Chidester did just that, but she left her and her 9-year-old daughter’s bodies behind. She suffocated Sarah Higgins in her bed, then apparently hung herself in the attic. She left a note detailing what she had done and what to do with her personal affairs.

Det. Kevin Rogers, the lead investigator in the case, said:

“She didn’t feel that she could continue on and did not want her daughter to have to bear that burden alone,” he said. “She didn’t want her daughter to be without her, without a mother at such a young age, and she was sparing her of that pain – that was the way she kind of put it.”

Police went to the house initially after Mr. Chider saw that his ex-wifes car had not moved over a period of days. Sarah Higgins was not his biological daughter and Christa Chidester was still receiving child support from the girl’s father. Court records show that Mark Chidester is a vice president at Family Dollar in Matthews earning about $138,000 a year, and that Christa was unemployed but had a previous job in Florida earning $50,000. Mark Chidester was convicted in Union County District Court of assault on a female involving his wife in February 2006.

More James, McElroy & Diehl connections

2008-09-15T23:33:00.000-07:00

Union County Deaths: Motive sought in murder-suicide

Charlotte.com

January 09, 2008
Publish Post

* Original Charlotte.com article: Union County Deaths: Motive sought in murder-suicide Read the original story

joliver@charlotteobserver.com

A Weddington woman who authorities believe killed her 9-year-old daughter and herself Friday had been ordered by a divorce court judge to vacate her house that day.

Sheriff's deputies on Monday found the bodies of Christa Higgins Chidester, 34, and Sarah Elizabeth Higgins, 9, in their home in an upscale subdivision in western Union County.

Sarah was found in a bedroom and her mother in the attic. Investigators wouldn't say how they died, but believe the murder-suicide happened Friday.

Authorities said they found notes left by Chidester detailing the crime and requests for handling her affairs. The investigation is still open, Union County Sheriff Eddie Cathey said.

Mother and daughter often walked in their Wellington Woods neighborhood, but stopped about a year ago, said neighbor Angela Banks.

'You could tell she was a very loving parent,' Banks said. 'You would always see them talking and laughing. They looked like a happy mom and daughter.'

But Chidester 'was going through a lot and was very private,' Banks said.

Investigators say the motive isn't clear.

There are a variety of reasons why a parent or caregiver may kill a child, including mental illness, depression, substance abuse or domestic violence, experts say. It's more unusual for a mother to kill her child because women are less likely to commit violent crimes, said Marcia Herman-Giddens, a noted N.C. child abuse researcher.

Court records show Christa and Mark Chidester had been through almost two years of contentious divorce proceedings. Sarah was Christa Chidester's daughter by a previous marriage, relatives and authorities say.

The Chidesters, who previously lived in Florida, married in May 2004. Their Union County divorce filings stretch from early 2006 to a final judgment filed last Friday.

A major asset to be divided was the 3,320-square-foot home in the Wellington Woods subdivision. It had four bedrooms, 3.5 baths and a swimming pool. The home was valued at about $400,000, according to court documents.

Mark Chidester is a vice president at Family Dollar in Matthews earning about $138,000 a year, court records show. Christa Chidester was unemployed, although she previously earned $50,000 a year at a job in Florida. He was represented by attorneys with a Charlotte law firm, James, McElroy & Diehl. She represented herself, court records say.

Mark Chidester, 52, was convicted in Union County District Court of assault on a female involving his wife in February 2006. He appealed and is under a deferred prosecution agreement with Union County's district attorney.

Christa Chidester was accused by her husband of sending harassing e-mails and making calls to superiors at his office, according to court documents.

Christa Chidester said she suffered fibromyalgia, which caused pain in her joints, and from migraines and a cyst in her spine that caused back pain.

As part of the division of property, District Judge Hunt Gwyn signed an order last Thursday for Christa Chidester and Sarah to vacate the house Friday.

Mark Chidester, Judge Gwyn and attorneys in the case could not be reached for comment.

School mourns loss

Sarah was at Antioch Elementary last Wednesday, but was absent Thursday and Friday, according to school officials.

A courier working for Mark Chidester's attorney stopped by the house on Tree Hill Road on Monday afternoon to deliver a copy of a court order demanding that Christa Chidester leave, Sheriff Cathey said. The front door was open, and no one answered when he rang the bell.

He called his boss, who alerted Mark Chidester, who later called the sheriff's office and asked that someone check on his ex-wife, Cathey said. A deputy arrived about 4 p.m., and found the bodies. The house also contained moving boxes that were partially packed.

Sarah was a fourth-grader at Antioch Elementary, which she had attended since first grade. She was a straight-A student who loved reading, and was well-liked by classmates and teachers, Principal Ken Hoover said.

One summer she set up a stand where she sold, instead of lemonade, shiny rocks and paper butterflies she decorated, neighbor Banks said.

On Tuesday, grief counselors met with Antioch Elementary students and teachers. Sarah's teachers and classmates wrote notes to her and made posters to honor her memory.

Another neighbor, Debbie Ard, said Christa Chidester sometimes waited on a bench at the end of her driveway for Sarah to get off the school bus. Tuesday, someone placed a vase of tulips there.

-- Staff writers Esther Robards-Forbes, -- April Bethea, Ryan Basen and Mike Torralba contributed

VIctim of Law

2007-10-03T18:56:00.000-07:00

Who is a Victim-of-Law?

Victims-of-Law are persons who have been subjected to tyrannical or arbitrary rulings or edicts in violation of constitutional and civil rights under the democratic maxim reminiscent of our Republic -- the "Rule of Law"

--------------------------------------------------------------------------------

The victims of unethical and corrupt lawyers, judges and employees of the state and federal judiciary demand accountability from those who abuse the power of office while they remain absolutely immune. The media as well as the legislative and executive branches of government traditionally ignore these abuses. The judicial branch itself hurls insults at the victim claiming they are nothing more than a 'disgruntled litigant' while ignoring substantive allegations.

It is essential to empower the victims of legal abuses. Our strength is in our numbers thus the more people that demand their constitutional and civil rights the quicker they will be attained.

What most people do not comprehend is that judges are immune from civil lawsuits. If a judge unlawfully imprisoned someone or maliciously denied due process in a case that cost a litigant millions of dollars, it doesn't matter. There is no redress for the aggrieved person.

The emotional and physical health problems inherent in these abuses are now coming to light but the judicial branches throughout our country continue to avoid or deliberately ignore what they have helped to create.

What is the "Rule of Law"?

Equality and the Law

The right to equality before the law, or equal protection of the law as it is often phrased, is fundamental to any just and democratic society. Whether rich or poor, ethnic majority or religious minority, political ally of the state or opponent--all are entitled to equal protection before the law.

The democratic state cannot guarantee that life will treat everyone equally, and it has no responsibility to do so. However, writes constitutional law expert John P. Frank, "Under no circumstances should the state impose additional inequalities; it should be required to deal evenly and equally with all of its people."

No one is above the law, which is, after all, the creation of the people, not something imposed upon them. The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitting to themselves as makers of the law. When laws are established by the people who then have to obey them, both law and democracy are served.

Reprinted from the National Constitution Center

The Supreme Court

The Framers considered the rule of law essential to the safekeeping of social order and civil liberties. The rule of law holds that if our relationships with each other and with the state are governed by a set of rules, rather than by a group of individuals, we are less likely to fall victim to authoritarian rule. The rule of law calls for both individuals and the government to submit to the law's supremacy. By precluding both the individual and the state from transcending the supreme law of the land, the Framers constructed another protective layer over individual rights and liberties. --Reprinted from U.S. Dept. of State

Judicial Immunity is Absolute

In an unprecedented degree of 'abuse of power' judges decreed themselves absolutely immune from civil suit when they are "acting maliciously and corruptly." In 1996 the 104th Congress passed the Federal Courts Improvement Act amending the Civil Rights statute to give further immunities to malicious and corrupt judges.

The Judicial Doctrine of Immunity
"Immunity applies even when the judge is accused of
acting maliciously and corruptly." -- United States Supreme Court

See Harlow v. Fitzgerald, 457 U.S. 800, 815-819 (1982) Pierson v. Ray, 386 U.S., at 554, Mireles v. Waco, 502 U.S. 9, 9-10, 112 S.Ct. 286, 287, 116 L.Ed.2d 9 (1991).

Federal Courts Improvement Act of 1996
Public Law 104-317, 104th Congress

Sec. 309. Prohibition against awards of costs, including attorney's fees, and injunctive relief against a judicial officer.

(a) Nonliability <> for Costs.--Notwithstanding any other provision of law, no judicial officer shall be held liable for any costs, including attorney's fees, in any action brought against such officer for an act or omission taken in such officer's judicial capacity, unless such action was clearly in excess of such officer's jurisdiction.

(b) Proceedings in Vindication of Civil Rights.--Section 722(b) of the Revised Statutes (42 U.S.C. 1988(b)) is amended by inserting before the period at the end thereof ``, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity such officer shall not be held liable for any costs, including attorney's fees, unless such action was clearly in excess of such officer's jurisdiction''.

(c) Civil Action for Deprivation of Rights.--Section 1979 of the Revised Statutes (42 U.S.C. 1983) is amended by inserting before the period at the end of the first sentence: ``, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable''.

DID YOU KNOW?...

2007-08-09T10:57:00.000-07:00

Did you know that phonetaps are common during hotly contested domestic litigation? It is ILLEGAL and UNETHICAL. If you suspect your phone is being tapped, take action immediately and secure your privacy. Remove all land lines, or limit usage to "generic" and secure calls. Assume you are being listened to, because if you are being sued by an unethical law firm, you are! Keep your cell phone number private and use it in a secured area. Cell phones are easy to tap with radio equipment.

LEGAL ABUSE SYNDROME

2007-08-09T10:36:00.000-07:00

Legal Abuse Syndrome

WARNING: Protracted litigation can be hazardous to your health.

You know you have traumatic stress when:

•Ø there are no words to describe how you feel...

•Ø your heart is saying, I CAN'T STAND TO BE HERE, NOW

•Ø Peace, rest and recuperation are prevented by intrusive thoughts and emotions

Our's is a time of injustice due to ethical violations, legal abuses and Fraud on the Court.

What do we do about it? See "Current Hot Topics."

Professional Ethics Violations and Abuse of the Legal Process are a growing problem in our nation and our courts of law.

Legal Abuse Syndrome is a psycholegal trauma (a form of post traumatic stress disorder), which often develops in individuals assaulted by ethical violations, legal abuses, betrayals, and fraud. Abuse of power and authority and a profound lack of accountability in our courts have become rampant. This adds greatly to the original distress requiring court assistance in the first place.

This stress can and does lead to physical illness. AMA statistics show that around 85% of all physical illness is directly attributable to stress. Legal Abuse Syndrome is a public health menace in this country; it leads to massive medical intervention costs, burdens insurance companies significantly, and adds to Medicare and Social Security costs. Legal Abuse Syndrome is detrimental to all of society, and nobody is immune.

Whatever the court setting, whether it is regarding divorce, child custody, parental support, probate matters, personal injury, property disputes, legal or medical malpractice, criminal charges or other deeply personal issues, the frauds put forth in our courts add greatly to the trauma. When litigants are unable to get fair resolution to their issues, when the court dysfunction further adds to the litigant's burden, when no amount of actual case law compels an equitable outcome, litigants suffer often disabling levels of stress. When further attempts to achieve redress fail, litigants display the hallmark signs of Legal Abuse Syndrome.

Learn how to Overcome the Devastation of Legal Abuse Syndrome, and become empowered once again.

To order your copy of Legal Abuse Syndrome, click here.

To learn more about PTSD, see http://traumacenter.org.

To request more information about Legal Abuse Syndrome, please click here.

PLEASE PARTICIPATE IN THE LEGAL ABUSE SYNDROME STUDY; Send an e-mail to REDRESS2@redressinc.org, and note "Study Participant" the the subject line. All responses held in strictest confidence. The results will help to devise effective court protocol which will benefit litigants (whether represented by lawyers or in self-representation) along with the courts.

NOTICE: The term "Legal Abuse Syndrome" and the materials contained within "Overcoming the Devastation of Legal Abuse Syndrome" are copyrighted to Karin Huffer. Any entity wishing to use the term or material must obtain Ms. Huffer's prior written permission.

Did you know?.....

2007-02-23T21:51:00.000-08:00

Often when mothers internalize a threat to themselves or their children during custody litigation they become emotional. Abusive attorneys will capitalize on this vulnerability and accuse the frightened or traumatized mother of having a mental disorder or illness in effort to build a case that she is unfit, and bill expensive legal hours to their client which benefits their firm and their legal career. By blowing the whistle on this behavior and exposing the truth you can put a stop to this abusive and unethical practice in America.

2007-02-22T01:44:00.000-08:00

Enough is Enough. Blow the Whistle on North Carolina

2007-02-22T00:54:00.000-08:00

THE WHISTLE OF JUSTICE WILL BLOW AND THE INNOCENT VICTIMS OF DOMESTIC LEGAL ABUSE WILL BE SET FREE

CLASS ACTION

2007-02-22T00:38:00.000-08:00

If you are a victim of domestic legal abuse in North Carolina and would like to join a Federal class action suit against the state of North Carolina, The City of Charlotte, NC, the judges, attorneys and officials who abused power in your case, please post your contact information here.

WELCOME BLOGGERS

2007-02-22T00:15:00.000-08:00

This Blog is dedicated to the men, women and children who have unjustly sufferred at the hands of corrupt proceedings in Family Court in Charlotte, North Carolina. If you have a story to tell, please share it here. America is listening.

STOP DOMESTIC LEGAL ABUSE NOW

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PROTECTING THE VITAL CHILD-PARENT RELATIONSHIP

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LISA PENNINGTON'S APPEAL

-Blog comments are silenced by Charlotte Observer-

Voters fear ongoing negligence in Charlotte Family Court may have cost Adam Bennett his life

Police are summoned after woman confronts chief district court judge over family court ruling.

LEGAL FORMS & RULES

Motion to QUASH

Nine Rules for Winning Your Case in the North Carolina Court of Appeals

APPLICATION TO USE ELECTRONIC CAMERA/VIDEO/RECORDING EQUIPMENT IN COURT

HOW TO STOP LEGAL PROCEEDINGS IN FAMILY COURT

THE QUASH & STAY...a way out

MOTION TO QUASH

Legal Negligence

Normally in a legal malpractice suits, a client not only has to prove malpractice, but also must establish that a money loss resulted from the attorney's negligence. To establish this requires proving something about the underlying matter.

Bullying Law & Legal Definition

Bullying Law & Legal Definition

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How Real Is 'The Threat'? What Mediators Should Know About Malicous Prosecution

How Real Is 'The Threat'? What Mediators Should Know About Malicous Prosecution

Questions are raised as Bullying induced suicide in Ohio resembles the death of Christa Chidester. Was Christa bullied to death?

Ohio's Mentor High under fire after rash of suicides

LEGAL NEGLIGENCE IN CHARLOTTE NC

Intentional infliction of emotional distress

From Wikipedia, the free encyclopedia

Contents

[edit] Rationale for classification

[edit] Elements

[edit] Intentional or reckless act

[edit] Extreme and outrageous conduct

[edit] In public

[edit] Causation

[edit] Plaintiff must actually suffer emotional distress

[edit] Pleading practices

[edit] Hostility towards IIED claims

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Domestic Abuse Healing From WIthin

"Take Control of Your Health, Your Happinessand Your Life"

Domestic Abuse Healing from Within

We’ve just met, so let me introduce myself...as you may be wondering, why listen to me?

Knowing "It" from the Inside Out

Replenish, Restore and Rebuild from the Inside Out

Domestic Abuse Healing from Within

Features and Benefits

33% OFF when you order the Two Volume Set

MORE TROUBLING QUESTIONS SURROUND ADAM BENNETT'S DEATH

Legal Psychiatric Abuse

HOW TO EAT A CHICKEN WING

RECENT DEVELOPMENT FROM MECK COUNTY BAR WEBSITE

THALHEIMERGATE

"Take Control of Your Health, Your Happiness
and Your Life"