Looking Glass Vintage Vanity

Que Sera

2021-04-14T18:44:00.003-04:00

https://youtu.be/7I18_VNjX3g

Federal Court in Ciavarella “Kids For Cash” Case Issues Groundbreaking Ruling: State Court Judge’s Acts Not Immune from Conspiracy and RICO

2014-01-18T11:48:00.000-05:00

January 13, 2014 – A Federal District Court Judge in Pennsylvania ruled last Friday that “Kids for Cash” Pennsylvania State Juvenile Court Judge Mark Ciavarella’s actions in causing juveniles to be sentenced under a “zero tolerance” policy to further a civil conspiracy are not protected by judicial immunity. United States District Judge A. Richard Caputo on Thursday issued a decision in favor of plaintiffs in that case, holding that Judge Mark Ciavarella’s acts in participating in a conspiracy to deprive children of a right to a fair trial in order to send the children to juvenile detention facilities which Ciavarella helped develop are not “judicial acts” entitled to judicial immunity.

What It Means for Parents and Children

“This decision will profoundly impact parents’ ability to pursue Family Court judges for civil rights violations based on judicial conduct occurring outside of the courtroom, which causes injury inside the courtroom.” says Colbern Stuart, President of California Coalition for Families and Children. ”Every parent should take a close look at the judge, psychologist, and attorneys in their cases to see if they were involved in any out-of-court activity such as court policy-making committees, legal or judicial professional organizations, “CLE” for judges or attorneys, “think tanks” and “technical assistance” organizations that influence judicial behavior and the administration of justice. Those activities are now clearly suspect if they result in constitutional injury.” Says Stuart. ”Illegal policies or guidance, and unethical conduct and business dealings that lead to a decision inside of court that deprives a litigant or their family of civil rights can be the basis for civil liability that is not immunized by the in-court act.” “If a parent or child has been deprived of civil rights or otherwise damaged by such policies or illegal dealings, they may have recourse against the Family Court judge, psychologist, or attorney acting illegally outside of court.” Says Stuart.

California Coalition’s DDICE RICO Lawsuit

California Coalition has sued San Diego Family Court judges for conspiring with attorneys, psychologists, and the county bar association to deprive families of civil rights. ”This is exactly the type of conduct we’ve found in San Diego. Judges and private professionals self-dealing for private advantage, making policy to stoke that advantage, then working the policy in court to fuel their private fire with parents’ and children’s college funds. It’s now clear those judges may be liable despite the fact that part of the transaction occurred in court. Parents in every state should closely re-examine their cases to see if similar facts exist in their case.”

From Judge Caputo’s January 9, 2014 Memorandum in the Ciavarella case:

Ciavarella is not entitled to judicial immunity for his role in closing the River Street facility. That is, appearing on television urging a shutdown of a county-run detention facility and facilitating hiring decisions for a private detention facility are not functions “normally performed by a judge.” Wallace, 2009 WL 4051974, at *7 (quoting Stump v. Sparkman, 435 U.S. 349, 362, 98 S. Ct. 1099, 55 L. Ed. 2d 331 (1978)). During Ciavarella’s criminal trial, he acknowledged that he was not performing any official duties when he took part in the television interview. (Plfs.’ SMF, ¶ 74.) Moreover, aiding PACC in staffing its facility with employees of the River Street facility also falls outside the traditional role of a judge. Cf. Forrester v. White, 484 U.S. 219, 229, 108 S. Ct. 538, 98 L. Ed. 2d 555 (1988) (“personnel decisions made by judges[ ] are often crucial to the efficient operation of public institutions (some of which are at least as important as the courts), yet no one suggests that they give rise to absolute immunity from liability in damages under § 1983.”).

b. Zero Tolerance Policy

Second, Plaintiffs argue that the enactment of a zero tolerance policy was not a judicial act. While Ciavarella served as judge of the juvenile court, he enacted an administrative policy that dictated instances in which probation officers had to file charges against and detain juveniles in Luzerne County. (Plfs.’ SMF, ¶¶ 79-82.) Ciavarella expanded his zero tolerance policy in February 2003, the same month PACC opened, to require that children on probation be violated and detained for any violation of their probation, including zero tolerance for drug and alcohol violations, not attending school, not attending appointments, or violating curfew. (Id. at ¶ 80.) Under this policy which was distributed to all juvenile probation officers on February 20, 2003, (id. at ¶ 82), Ciavarella eliminated juvenile probation officers’ discretion to informally adjust juveniles’ charges. (Id. at ¶ 79.)

Ciavarella’s enactment and expansion of a zero tolerance policy dictating how probation officers were to handle violations of probation and other charging decisions fall outside the scope of judicial action. “Administrative decisions, even though they may be essential to the very functioning of the courts, have not similarly been regarded as judicial acts.” Forrester, 484 U.S. at 228, 108 S. Ct. 538. Under Pennsylvania law, probation officers have the authority to informally adjust allegations before a delinquency petition is filed. See 42 Pa. Cons. Stat. Ann. § 6323; Pa. R. Juv. Ct. P. 312 (“At any time prior to the filing of a petition, the juvenile probation officer may informally adjust the allegation(s) if it appears: (1) an adjudication would not be in the best interest of the public and the juvenile; (2) the juvenile and the juvenile’s guardian consent to informal adjustment with knowledge that consent is not obligatory; and (3) the admitted facts bring the case within the jurisdiction of the court.”). Moreover, “coercing probation officers to change their recommendations is outside the role of a judicial officer. Probation officers are to advise the court, not the other way round, on sentencing matters.” Wallace, 2009 WL 4051974, at *8. In adopting the zero tolerance policy, Ciavarella was acting in an administrative capacity, and acts such as that which involve “supervising court employees and overseeing the efficient operation of a court- may have been quite important in providing the necessary conditions of a sound adjudicative system. The decision[ ] at issue, however, [was] not [itself] judicial or adjudicative.” Forrester, 484 U.S. at 229, 108 S. Ct. 538. Because Ciavarella’s enactment and expansion of the zero tolerance policy were non-judicial acts, judicial immunity does not shield this conduct.

c. Additional Out-of-Court Actions

Finally, Ciavarella is not sheltered from liability for his out-of-court conduct that was not judicial in nature. Ciavarella initiated the plan by approaching Conahan and suggesting that they bring together a team that had the financial ability to construct a new detention facility. (Plfs.’ SMF, ¶¶ 23-26.) Ciavarella also connected Powell and Mericle. (Id. at ¶ 26.) Ciavarella’s failure to disclose the payments he received from Mericle and Vision Holdings also furthered the conspiracy. Specifically, Ciavarella took steps to conceal the more than $2,700,000 he and Conahan received from Mericle and Powell starting in 2003. (Id. at ¶ 66.) Indeed, Ciavarella sought to conceal the payments because knew that it would not look good that he was receiving payments from Powell while sending juveniles to his detention facility. (Id. at ¶ 67.) In that regard, Ciavarella instructed Mericle where to send the second and third payments. (Id. at ¶ 58.) This out-of-court conduct was not judicial in nature, and, as such, is not protected by judicial immunity.

4. Causation

Lastly, Plaintiffs must establish that Ciavarella “caused the complained of injury.” Elmore, 399 F.3d at 281. I previously indicated that the “setting in motion” theory of causation would be applied to individual Defendants in this case. See Wallace, 2012 WL 2590150, at *11. This standard provides:

“”A person ‘subjects’ another to the deprivation of a constitutional right, within the meaning of § 1983, if [that person] does an affirmative act, participates in another’s affirmative acts, or omits to perform an act which [that person] is legally required to do that causes the deprivation of which complaint is made. Indeed, the requisite causal connection can be established not only by some kind of direct personal participation in the deprivation, but also by setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury.”"

Id. (quoting Pilchesky v. Miller, No. 05–2074, 2006 WL 2884445, at *4 (M.D. Pa. Oct.10, 2006). While the Third Circuit has not squarely addressed the issue of causation in § 1983 cases, see, e.g., Burnsworth v. PC Lab., 364 F. App’x 772, 775 (3d Cir. 2010), the “setting in motion” theory has been accepted by multiple Circuit Courts of Appeals. See, e.g., Starr v. Baca, 652 F.3d 1202, 1207 (9th Cir. 2011); Sanchez v. Pereira-Castillo, 590 F.3d 31, 51 (1st Cir. 2009); Morris v. Dearborne, 181 F.3d 657, 672 (5th Cir. 1999); Sales v. Grant, 158 F.3d 768, 776 (4th Cir. 1998); Waddell v. Forney, 108 F.3d 889, 894 (8th Cir. 1997); Conner v. Reinhard, 847 F.2d 384, 396-97 (7th Cir. 1988).

The undisputed facts establish that Ciavarella caused the violation of Plaintiffs’ right to an impartial tribunal through the receipt and concealment, by himself and Conahan, of payments from and through other Defendants. In particular, Ciavarella knew he had a duty to disclose information relevant to his ability to engage in impartial decision-making, that he violated that duty, and that he never informed any juveniles that he was receiving payments from PACC, WPACC, or Powell. (Plfs.’ SMF, ¶¶ 69-70.) The undisputed facts conclusively establish that Ciavarella knew that, as a result of his conduct, Plaintiffs would be deprived of their right to appear before an impartial tribunal.

Ciavarella’s role in closing the River Street facility set the conspiracy in motion.

Significantly, knowing that he stood to profit from the completion of the PACC facility, Ciavarella took steps to close the old facility and ensure that it would not re-open, resulting in PACC being the only detention facility in Luzerne County where a child could be detained. (Id. at ¶¶ 38-42, 73-77.) Yet, despite his financial stake in closing the River Street facility, he never disclosed this interest. (Id. at ¶¶ 44, 69-72.) Thus, the undisputed material facts establish that Ciavarella knew, or he should have known, that his role in the closure of the River Street facility and his concealment of his interest in its closure (and the resulting opening of the PACC facility while he served as judge of the juvenile court) would deprive Plaintiffs of an impartial tribunal.

The zero tolerance policy adopted by Ciavarella also furthered the conspiracy and caused the deprivation of Plaintiffs’ right to an impartial tribunal. In 2003 when Ciavarella knew he had a financial interest in PACC, he expanded the zero tolerance policy, which increased the number of juveniles that would appear before him and be detained. As a result of the expansion of this policy, more juveniles appeared before him and were subject to adjudication by a biased tribunal. And, as detailed above, Ciavarella’s out-of-court conduct which set the conspiracy in motion, and which concealed the existence and the nature of the conspiracy, as well as the corresponding payments, all furthered the goals of the conspiracy. As the undisputed facts establish that Ciavarella knew or should have known that, as a result of his out-of-court conduct, Plaintiffs would not appear before an impartial tribunal when they were in his courtroom, the causation element of Plaintiffs’ § 1983 impartial tribunal claims against Ciavarella is satisfied.

Therefore, for Ciavarella’s conduct which is not protected by judicial immunity, i.e., his non-judicial acts, Ciavarella is liable to Plaintiffs on their § 1983 impartial tribunal claims. In particular, Ciavarella’s non-judicial acts detailed above set in motion and/or caused the deprivation of Plaintiffs’ right to an impartial tribunal as he initiated the scheme to construct a new detention facility, he assisted in closing the River Street facility, and he expanded a policy which increased the number of juveniles that appeared before him. And, these acts were all taken without Ciavarella ever disclosing, and, in fact, while he took affirmative steps to conceal his financial interest in the success of PACC and WPACC. Accordingly, pursuant to 42 U.S.C. § 1983, Ciavarella subjected Plaintiffs to a deprivation of their constitutional right to an impartial tribunal. For the conduct which Ciavarella is not shielded by judicial immunity, he is liable to Plaintiffs on their § 1983 impartial tribunal claims.

Family Court Implications

Judge Caputo’s decision is a significant development for parents and children victims of Family Court. First, it clarifies the existing law that out-of-court actions by a judge are not protected by judicial immunity. This was pre-existing law, but in some cases has been challenged by those asserting immunity, especially where an in-court act is involved in the chain of causation or pieces of the conspiracy leading to injury. Parents should examine closely their family court judges out-of-court activities such as bar association meetings, business dealings, political activity, and other behavior not conducted inside the courtroom, but which may impact judicial behavior nonetheless.

Administrative and Policy-Making Decisions Not Immune

Second, the decision clarifies that administrative “supervisory” and “policy-making” acts by a judge, even those deemed essential to operation of the court, are administrative, and not judicial, and therefore not entitled to absolute judicial immunity. Administrative actions include oversight of other justice system officials such as court administrative staff or law enforcement, and may include direct “supervisory” oversight such as instructing law enforcement or staff, or from policy-making roles such as setting rules for how staff or employees treat litigants. In the Ciavarella case, this included direct oversight of juvenile system probation officers and detention facility personnel, and setting a “zero tolerance” policy for law enforcement apprehending juvenile offenders assuring that more offenders would end up in court.

In the family court context, judicial officers have many such roles, including overseeing law enforcement for illegal “pro-arrest” or “zero tolerance removal” policies in domestic violence cases, equal protection violations against domestic couples, families, or a gender, guiding attorneys and custody evaluators in how to manage litigants, and guidance over the “forensic psychologists”, supervisors, and other court-related personnel who, though “essential” to the business of the court, are not judicial officers. Because these functions are administrative, the judge’s role in them is not protected by judicial immunity. Social workers, too, will not be shielded from such liability.

Parents should be suspicious of any statement by an attorney, supervisor, social worker, child services worker, court staff, law-enforcement, or other government official claiming to act under a “policy,” judicial instruction, or “that’s how we do things in Family Court.” Such “policies”, if not consistent with valid law, may be illegal, and may give rise to a judicial or other government official’s liability. Judicial officers (or any other government official’s) role in enacting such “policies” are not protected by judicial immunity.

Judges Liable for In-Court Injury

Perhaps most earth-shaking, the Pennsylvania District Court explicitly found Judge Ciavarella liable for acts outside his courtroom which “set in motion” acts inside his courtroom which caused deprivation of civil rights. Some have argued that acts by a judge outside the courtroom are protected by immunity when the “direct act” causing the constitutional injury occurs inside the courtroom—such as a judge’s depriving juveniles of a fair trial.

“This decision establishes that reasoning is wrong.” Says Stuart. ”Judge Caputo held that a judge performing a non-judicial act outside the courtroom which “sets in motion” a judicial act causing injury inside the courtroom is not protected simply because the second act occurred inside the courtroom.” California families in Family Court often face similar scenarios, though they or their attorneys may not be aware of it. Family Court judges, like judge Ciavarella, regularly establish policies and practices outside of courtrooms which cause injury inside the courtroom. This ruling makes clear that the judge may still be liable for those “outside the courtroom” illegal acts “setting in motion” judicial acts inside the courtroom. The Pennsylvania court relied on a recent case from the Ninth Circuit Court of Appeals which has jurisdiction over California State Court judicial officers, making the case directly relevant to California state court judges.

A judge engaging in “out-of-court” activities that would impact his impartiality, breach duties of disclosure and create conflicts of interest may be subject to liability if those acts lead to injury inside the courtroom. Policies relating to use of unqualified, biased, or unethical custody evaluators, guardians, or other experts fall into this category. Even activity which would otherwise be legal—such as business dealings, professional activities with attorneys, activities on rule or lawmaking bodies, or other indirectly related legal, professional, or business activity—may be problematic in the context of a judge’s duties under the judicial code of ethics, fiduciary duties, oaths of office, or constitutional restrictions on judicial behavior. If such activity leads to in-court injury, the judge may face liability even though the litigant’s harm was inflicted in court.

“This is huge.” says Stuart. ”Judges previously thought themselves insulated from all liability so long as the injury occurred inside the courtroom. That’s no longer a safe bet.”

California Coalition’s DDICE RICO lawsuit engages several family court judges on precisely these theories. “The case is a vindication of what we’ve been telling parents, judges, and family law attorneys all along—illegal acts are illegal no matter where they occur or who performs them. Judge Caputo’s decision makes it clear that such acts are not shielded by immunity just because they cause injury inside a courtroom. A judge, social worker, psychologist, attorney—all may be held liable civilly as well as criminally for their illegal acts outside of court leading to injury anywhere” says Stuart.

California Coalition filed its First Amended Complaint on similar theories on January 9, 2014. A Case Management Conference is scheduled for February 26, 2014 in United States District Court for the Southern District of California.

Complete Story, including analysis of Judge Caputo’s January 9, 2014 Memorandum, at WeightierMatter.com.

Re-blogged/Comments from Croixsdadsblog.wordpress.com.

JANUARY 13, 2014 8:45 PM / 6 COMMENTS

Pau Casals, El cant dels ocells - Archi di Roma - Valeriano Taddeo

2013-02-14T20:52:00.000-05:00

eternal sunshine of the spotless mind - music vid

2013-01-04T17:36:00.000-05:00

Natali - Zvezda po Imeni Solnce

_ e s _ _

2012-12-12T02:12:00.001-05:00

Povestea înrobirii tale (RO) | The Story of Your Enslavement

2012-12-11T23:33:00.000-05:00

Putem fi ţinuţi captivi doar în cuştile pe care nu vedem. O scurtă istorie a înrobirii umane - până la şi inclusiv dumneavoastră. De la Freedomain Radio, cea mai mare şi răspândită conversaţie filozofică din lume. (www.freedomainradio.com)

Sursa: http://www.fdrurl.com/slavestory
Subtitrare: lukasig.com

This is the story of your enslavement; how it came to be, and you can finally be free.

Like all animals, human beings want to dominate and exploit the resources around them.

At first, we mostly hunted and fished and ate off the land - but then

something magical and terrible happened to our minds.

We became, alone among the animals, afraid of death, and of future loss.

And this was the start of a great tragedy, and an even greater possibility...

You see, when we became afraid of death, of injury, and imprisonment,

we became controllable --

and so valuable -- in a way that no other resource could ever be.

The greatest resource for any human being to control is not natural resources,

or tools, or animals or land -- but other human beings.

You can frighten an animal, because animals are afraid of pain in the moment, but you

cannot frighten an animal with a loss of liberty, or with torture or imprisonment in the future,

because animals have very little sense of tomorrow.

You cannot threaten a cow with torture, or a sheep with death.

You cannot swing a sword at a tree and scream at it to produce more fruit,

or hold a burning torch to a field and demand more wheat.

You cannot get more eggs by threatening a hen - but you can get a man

to give you his eggs by threatening him.

Human farming has been the most profitable -- and destructive --

occupation throughout history, and it is now reaching its destructive climax.

Human society cannot be rationally understood until it is seen for what it is:

a series of farms where human farmers own human livestock.

Some people get confused because governments

provide healthcare and water and education and roads,

and thus imagine that there is some benevolence at work.

Nothing could be further from reality.

Farmers provide healthcare and irrigation and training to their livestock.

Some people get confused because we are allowed certain liberties, and thus imagine

that our government protects our freedoms.

But farmers plant their crops a certain distance apart to increase their yields -- and will allow

certain animals larger stalls or fields if it means they will produce more meat and milk.

In your country, your tax farm, your farmer grants you certain freedoms not because he cares

about your liberties, but because he wants to increase his profits.

Are you beginning to see the nature of the cage you were born into?

There have been four major phases of human farming.

The first phase, in ancient Egypt, was direct and brutal human compulsion.

Human bodies were controlled, but the creative productivity of the human mind

remained outside the reach of the whip and the brand and the shackles.

Slaves remained woefully under-productive and required enormous resources

to control.

The second phase was the Roman model, wherein slaves were granted

some capacity for freedom, ingenuity and creativity, which raised their productivity.

This increased the wealth of Rome, and thus

the tax income of the Roman government - and with this additional wealth,

Rome became an empire,

destroying the economic freedoms that fed its power, and collapsed.

I'm sure that this does not seem entirely unfamiliar.

After the collapse of Rome, the feudal model introduced the concept of livestock

ownership and taxation. Instead of being directly owned, peasants farmed land

that they could retain

as long as they paid off the local warlords. This model broke down due to the

continual subdivision of productive land, and was destroyed during the

Enclosure movement, when land was consolidated, and

hundreds of thousands of peasants were kicked off their ancestral lands,

because new farming techniques made

larger farms more productive with fewer people.

The increased productivity of the late Middle Ages created the excess food required

for the expansion of towns and cities, which in turn gave rise

to the modern Democratic model of human ownership.

As displaced peasants flooded into the cities, a huge stock of cheap human capital

became available to the rising industrialists - and the ruling class of human farmers

quickly realized that they could make more money by letting their livestock

choose their own occupations.

Under the Democratic model, direct slave ownership has been replaced

by the Mafia model. The Mafia rarely owns businesses directly, but rather sends

thugs around once a month to steal from the business "owners."

You are now allowed to choose your own occupation, which raises your productivity -

and thus the taxes you can pay to your masters.

Your few freedoms are preserved because they are profitable to your owners.

The great challenge of the Democratic model is that increases in wealth and freedom

threaten the farmers. The ruling classes initially profit from a relatively free market

in capital and labor, but as their livestock become more used to their freedoms and

growing wealth, they begin to question why they need rulers at all.

Ah well. Nobody ever said that human farming was easy.

Keeping the tax livestock securely in the compounds of the ruling classes

is a three phase process.

The first is to indoctrinate the young through government "education."

As the wealth of democratic countries grew, government schools were universally

inflicted in order to control the thoughts and souls of the livestock.

The second is to turn citizens against each other through

the creation of dependent livestock.

It is very difficult to rule human beings directly through force --

and where it can be achieved, it remains cripplingly under-productive,

as can be seen in North Korea. Humans do not breed well

or produce efficiently in direct captivity.

If human beings believe that they are free, then they will produce much more

for their farmers. The best way to maintain this illusion of freedom is to put some

of the livestock on the payroll of the farmer. Those cows that become dependent

on the existing hierarchy will then attack any other cows who point out the violence,

hypocrisy and immorality of human ownership.

Freedom is slavery, and slavery is freedom.

If you can get the cows to attack each other whenever anybody brings up the reality

of their situation, then you don't have to spend nearly as much controlling them directly.

Those cows who become dependent upon the stolen largess of the farmer

will violently oppose any questioning of the virtue of human ownership -- and the

intellectual and artistic classes, always and forever dependent

upon the farmers -- will say, to anyone who demands freedom from ownership:

"You will harm your fellow cows."

The livestock are kept enclosed by shifting the moral responsibility

for the destructiveness of a violent system to those who demand real freedom.

The third phase is to invent continual external threats, so that the frightened

livestock cling to the "protection" of the farmers.

This system of human farming is now nearing its end.

The terrible tragedy of the modern American system has occurred

not in spite of, but because of past economic freedoms.

The massive increases in American wealth throughout the 19th century

resulted from economic freedom -- and it was this very increase in wealth

that fed the size and power of the state.

Whenever the livestock become exponentially more productive, you get

a corresponding increase in the number of farmers and their dependents.

The growth of the state is always proportional to the preceding

economic freedoms.

Economic freedoms create wealth, and the wealth attracts more thieves

and political parasites, whose greed then destroys the economic freedoms.

In other words, freedom metastasizes the cancer of the state.

The government that starts off the smallest will always end up the largest.

This is why there can be no viable and sustainable alternative

to a truly free and peaceful society.

A society without political rulers, without human ownership,

without the violence of taxation and statism...

To be truly free is both very easy, and very hard.

We avoid the horror of our enslavement because it is painful to see it directly.

We dance around the violence of our dying system

because we fear the attacks of our fellow livestock.

But we can only be kept in the cages we refuse to see.

Wake up...

To see the farm is to leave it.

Only published comments... Apr 15 2010, 10:15 PM by Stefan Molyneux

Filed under: libertarian, agorism, statism, slavery, "federal reserve", "tax farming", matrix, pacifism

Mellow gets 16 months - opinion piece by Nobody

2012-12-02T21:34:00.000-05:00

Mellow gets 16 months

Scranton Political Times -> Main Message Board -> Mellow gets 16 months

Nobody (Guru) 2012-12-02 14:03:06

RE: Mellow gets 16 months

Booger Brown wrote: "In case you didn't notice by the 200 letters and the big shots who still think Mellow was a "great guy who brought a lot of money to the area..."

In my opinion, those 200 letters by 200 people represent 200 people who placed gain over morals- the end apparently justifes the means. That, in itself, is a sad

comment on the moral standards set by those who are in a position to do more.

As I often do, I quote the letter of George Baer, representing the coal barrons in the Anthracite strike of 1902- The letter captures the fiber of the people

who have a hold on this area and it goes a long way to explain why they believe they must rule. I firmly believe People like Mellow believe their right to their

positions come directly from their God and anything they do is in his name- and therefor above mere mortal laws.

"The rights and interests of the laboring man will be protected and cared for -- not by the labor agitators, but by the Christian men of property to whom God has given control of the property rights of the country, and upon the successful management of which so much depends."

Somewhere within this twisted morality is the fact that "the rights and interests of the laboring man" are not "protected and cared for"- but rather abrogated in favor
of the rights and interests of those "Christian men of property."

Let me add one thought that is a slap in the face to every taxpayer- Mellow did not bring one cent to the area that was not taxpayer dollars. Politics is done by

trading support of another's project for support of yours. In other words, the project that uses resourses most appropriately may not be funded but a project that

has no value can be fully funded, because of a handshake. That is the morality that we celebrate by naming bridges and buildings after these weasels.

I am frustrated when a public official is credited for "saving" businesses, "creating" jobs or "solving problems" with tax money. It's our money, not his. Except for the
money he gained from renting himself space from the building he owned. That's all his now.
________________
"When they came for me, there was no one left to speak out." -Pastor Martin Niemöller http://nobodyscorner.blogspot.com

by: Nobody@ http://ScrantonPoliticalTimes.com

For the entire file of letters in PDF form, one may download by clicking here. (long link @ https://dl.dropbox.com/u/73419741/Mellow_1212.pdf ) Size: 8.62 MB

Tangled - To Be Free

2012-11-17T20:35:00.002-05:00

SCRANTON'S BRAIN DRAIN

2012-11-03T23:02:00.000-04:00

POVERTY CRISIS CONTRIBUTORS

"IT'S AS IF HIGH ACHIEVEMENT CONCEPT IS WHITE NOISE."

Disgruntled Teacher (Veteran Member)

2012-11-03 02:01:16

"All politics is local."

Tip O'Neill, Speaker of the U.S. House of Representatives

1977 - 1987

Local politics is killing us in Scranton - not national politics. Everything negative that we've become over the past twenty years, including unemployed, can be attributed directly to short sighted, and inept political leadership. This failure of local political leadership is most evident on the Scranton School Board. The SSD's short comings and failures have been highly publicized over the years. The end result is: the SSD has become a low-achieving public school district. This condition is unacceptable because the only natural resource we have left around here that can be developed is our people. And yet, according to the recently published Brookings Institute report, we don't have many highly educated people living here at all. That's the case because there are no jobs in Scranton that require any special technical skills or a college degree. We invest nearly 120 million dollars annually in our public school system... for what?

To put it in perspective; there has been over 1000 dropouts from the Scranton School District since the new high school was built. On the other hand, and I think it not unreasonable to assume - that there has been an equal number of students who finished at the top of their class in the district over that same time period. But once this second group acquired marketable skills or a degree - they left the area (brain drain). The dropouts stay. What else are the skill-less to do? Some will compete for scarce low paying service industry jobs. Many more will rely on social services and government assistance for their day-to-day existence. Additionally these unskilled SSD dropouts that stay are procreating. And now, it's their children who are entering the public school system today. The failure of the SSD is becoming generational. The public school system was developed to be combat poverty, not contribute to it. The SSD is fast becoming a major contributor to Scranton's poverty crisis.

The district has high achievers.. the problem is, the SSD just doesn't produce enough of them to attract any real industry to our region.. see Brookings Report.

Sondra Meyers, a senior fellow for International, Civic and Cultural Projects at the U of S was an OP-ED guest columnist in the TT (Scranton Times-Tribune) this summer and she discussed the tiny island nation of Taiwan in her article. She reported that the country - lacking large deposits of natural resources; invests a substantial amount of its budget on education. Not surprisingly, Taiwan is near the top of the list in student achievement world-wide, and Taiwan is not far behind number one in high achievement, Finland. Both country's have strong economies in part because they cultivate their richest resource - their people. They're smart about education in those countries too. They're innovative. They quickly disregard what doesn't work, and improve on the things that do. You will never witness anything like that happening in the SSD. Never.. ever...

The biggest failure of the SSD political leadership is that they've never pursued a high achievement agenda. They never even mention the words. It's as if the high achievement concept is white noise. The political leadership can't wrap its head around it. For example: The SSD never applied for the federal government Race To The Top high achievement initiative grant money worth millions of dollars. They did not apply for the grant contest in part, because, it would require setting a high achievement agenda. The political leadership on the school board dosen't believe high achievement is possible citing the high student poverty level as the reason. At that narrow minded dismissal of the problem the conversation ends.

Further evidence of their failure is the pending privatization of an alternative school being planned for the large "at risk" student population the SSD has. The district has failed these kids, and is now set to farm out to a private, for-profit entity, the job these politicians could not do. That says a lot about what we are as a city. We really don't give a rat's ass about education. Therefore, why the hell would industry leaders ever consider locating to Scranton? They won't.. Would you? The achievement level of the local school district is one of the first things they look at. That has got to be a hard sell for Austin Burke.

That reminds me of the president's visit to Scranton High School last spring. You know he checked on the SSD's achievement numbers before he arrived to possibly give the political leadership an Attaboy! if the numbers looked good. I wonder how the conversation went between the U.S. President and the school board president. "Nice building you have here, Bob."

There has been an abundance of data available over the past decade foreshadowing what was to come. If interpreted and used correctly; it could have helped develop long term high achievement education policies. But for that to have happened in Scranton, it would have required the political leadership to connect the dots. Unfortunately for us, all of our dot connectors moved to where the skilled jobs are. The end result being that broad-minded, forward thinking political leadership is in very short supply in this city.

The high unemployment has been with us since 2008, and it is here to stay. The employment outlook will never improve unless the Scranton School District becomes the number one high achieving public school system in Northeast PA.

There is great opportunity in Scranton politics for a young person with a good head on their shoulders looking to make a name for them-self. The challenge here is to turn the Scranton School District into a high-achieving public school system. That type of political leadership can vault a career-minded politician right out of this local political cesspool, right onto the state or national stage.

It's amusing to watch all the local political hacks attempt to advance their political careers beyond the valley, only to fail miserable. They fail because they can't connect the dots. They fail to think the unemployment problem through. They can all tell you the area needs family sustaining jobs. But they don't see that the only local taxing body of the three in Scranton, that has any real control over its outcomes is the public school system. A high achieving public school system is our only real shot at improving our local economy. And it has to be the Scranton School District.

As Scranton goes, so goes the valley.

Sorry about the length of this post folks.

MaMa Bear (Guru)

2012-11-03 05:27:13

Educated children might start asking questions... The smart ones have to move.

Disgruntled Teacher (Veteran Member)

2012-11-03 07:46:00

The U.S. Secretary of Education said we need to educate our way to a better economy. The Race to the Top grant program was designed to stimulate innovation on the local level to improve our schools. Great public schools are the core of a sustainable and strong local economy. It's time to try the education approach to combat high unemployment and poverty. If they fix the failing Scranton Public School System, all the other socioeconomic problems will start to improve dramatically. The education approach will work far more effectively. Twenty years of failed recovery plans says a lot about the what doesn't work. But.. The definition of insanity is... The phrase holds true for the way the SSD is managed as well.

Scranton Political Times -> Main Message Board

-> Ryan slammed Biden over Scranton's high unemployment rate in the VP debate

2012-10-12T18:40:00.001-04:00

United Way of Lackawanna County: update on a five-part series.

2012-10-10T16:22:00.000-04:00

United Way of Lackawanna County: A five-part Series.

United Way of Lackawanna County: A five-part Series.

I. Organizational Structure

Recently the biased Scranton Times ran a page one article on how the state of Pennsylvania is reviewing the salaries of non-profit organization executives who administer PA taxpayer funds. The article featured Mr. Gary Drapek, President of the United Way of Lackawanna County, lamenting that he would lose a portion of his pay with the cuts in state programs.

I want the reader to understand that the United Way of Lackawanna and Wayne Counties is structured as a non-profit entity and represented as a humanitarian organization. In reality, they are both a quasi-governmental agency and a non-profit marketing entity that gives a portion of their revenue to human services agency to help the disadvantaged. They are a quasi-governmental agency in that they are given tax payer funds to directly administer in social services programs. Further, they are mainly a marketing firm with highly paid marketing executives to create advertising and marketing initiatives to pull on the heart strings of the public so they can elicit money from your paycheck to help the poor, only a fraction of which makes it to help the needy. More about that in this five-part series.

Since the Scranton Times is in league with the non-profit organizations and the left-wing of the political spectrum, they failed to mention the specifics of Mr. Drapek's compensation. According to IRS 990 documents, Mr. Drapek received $95,000 in compensation in the 2010 reporting year as well as $7,600 in benefits for a total of $102,600. This is up from $101,034 in compensation and benefits reported in 2009. Mr. Jack Evans, Sr. Vice-President of Finance received a total of $70,578 in total compensation and benefits in 2010 up from $69,174 in 2009.

It would take 3,330 hourly employees in Northeastern PA to take $1 per week out of their checks for an entire year just to pay the salary and benefits of the top two people at United Way!!

Save your money and become an Active American. Donate food, toys, or clothing to the poor during the holiday season. Try to avoid using your hard-earned cash. Take direct control of your giving to ensure all of your funds make a difference for a needy person. 15% solution: It only takes a 15% cut in funds to topple or create major reform in an organization. In order for Northeastern Pennsylvania, especially Scranton, we need societal institutions and government that have the people's interests first and objective truthful media outlets. Until that time, our area will not improve socially or economically.

Part II: Deception Through Omission of Information

For a corporate entity or a non-profit entity, the two main financial documents are the balance sheet and the income statement. If you wanted to invest in Coca-Cola, Pepsi, UPS, General Motors, or other American corporations, you can go to their website and view their balance sheet and income statement for each quarter of the year very easily.

Non-profit entities are required to file Form 990, the income statement, each year with the Internal Revenue Service. By law the non-profit entity does not have to post it on their website, but must furnish you a copy upon your request as an individual. But that is a labor intensive process for an individual donor to do their due diligence on the efficiency and prudent fiscal management of an organization.

If you go to the website of the United Way of Lackawanna County you will find their balance sheet included in their 2011-2012 annual report. They very cleverly omit their income statement, Form 990, from their annual report or any part of their website so that you cannot see the high salaries of the executives and the large portion of donations they spend on salaries, benefits, and marketing, thus leaving an alarmingly small fraction for the poor. This is the clever deception of donors through omission of information.

If you look at the website of the United Way of Lehigh Valley, the Allentown area, the IRS FORM 990, the income statement, is clearly posted on their website for your review. They make it transparent to the donor where all funds are going and they make it easy for you to review this information.

Transparency of information leads to prudent decisions by donors to non-profits. Transparency in governmental institutions leads to sound spending, to an informed electorate, and to prevention of corruption. Look for transparency in all societal organizations you deal with including city governments, social groups, churches, and non-profit entities. When you do not find this, it should be a warning bell for you. In our next segment, we will examine the lack of efficiency of donated dollars to the poor. We will attempt to follow the money.

PART III: Inefficient use of funds

Only 49 cents of every donated dollar to the United Way of Lackawanna and Wayne Counties makes it to the needy. As per IRS Form 990 for the 2010 tax year, they had revenue of $3,447,432 while only $2,290,386 was paid out to human services agencies. This means they have 33.6% of overhead and expenses, and 66.4% of funds were passed on to providers. Assuming 25% overhead at the actual service provider, you only get 49 cents of every donated dollar gets spent on the needy. Now I would really like to know if this bothers anybody else in this forum, because I think it is a damn shame.

Further for 2010, 21% of all United Way of Lackawanna County Revenue was spent on salaries and benefits. What I would like the reader to take away from this is that these people are not the selfless nuns, priests, pastors, and rabbis of your youth, who help the poor and the needy out of their commitment to God or humanity. They are large corporate entities who only help the poor after they extract their pound of flesh. As with other local institutions, like Scranton City Government, Scranton Teachers, Lackawanna County Goverment, the needs of the people who run the local societal institutions come first. Once the member of the local government and non-profit agencies take care of themselves and their families lavishly, then they throw the scraps to the remainder of society. I am interested in your comments.

Part IV: Lack of Anti Coercion Policy.

The United Way of Lackawanna and Wayne Counties does not have an anti coercion policy on their website, even though the national headquarters has issued an anti-coercion policy. I will paste it below for reader information. This should be common practice but they fail to observe it. For example, the United Way of Chester County posts the National Headquarters Anit Coercion Policy right on their website. The United Way of Lehigh Valley addresses the anti-coercion policy under their frequently asked questions area.

I would like to hear from readers on this topic. Now it is well known in this area, that managers and department heads at local large office companies where the United Way shirts during work like a Gary Drapek gestapo. This changes the dynamic to coercion, from "Do you wish to give to United Way? to "Are you loyal to your boss and company?" So you will donate if you know what is good for you. The policy from national headquarters clearly states that solicitation by managers in corporations is to be avoided. While in college many years ago, I worked for a large retail grocery store, they forced me to give so they would have 100% participation. I hear that this still goes on today. The policy is printed below as stated:

UNITED WAY POLICY AGAINST COERCION

United Ways understand that fund-raising success depends on how much potential donors

know and understand the organizations seeking support. Fund-raising should always be

conducted in a voluntary manner; coercion creates animosity, hinders communication and

understanding and eventually leads to decreased support.

For years United Ways have been concerned about the use of undue pressure in

fund-raising and are opposed to any type of coercion. Any semblance of pressure - whether

real, implied or perceived - is contradictory to the operating standards of United Way.

United Ways continually try to prevent the use of coercion in their campaigns by

encouraging peer solicitation, rather than solicitation of employees by managers. In

addition, United Ways conduct training programs for fund-raisers that stress information

and education, and discourage the practice of seeking 100 percent participation in a

campaign, as that may inadvertently encourage coercion.

To underscore their conviction about this policy, United Way of Americas Board of

Governors adopted the following policy statement:

The Board of Governors of United Way of America believes that the most

responsive contributors are those who have the opportunity to become

informed and involved. A well-planned campaign with an effective

communications program, conducted by committed volunteers, will ensure

responsive contributors. While we have always been unalterably opposed to

coercion, we do recognize a responsibility to state our beliefs formally, as

freedom of choice is a basic tenet of our democratic society.

Giving is a personal matter and decision; no form of coercion is acceptable.

__________________

Part V: Conclusions and further action

Based upon all of my findings, I am going to approach members of the Board of Directors of the United Way of Lackawanna County and ask them to publish the national anti-coercion policy of the United Way organization and press them to publish all of present and past IRS 990 forms so that people who are inclined to give have transparent information on the quality of this organization. Each donor can then make their own judgments.

My own opinion is that charitable giving should be a private family decision and not a workplace decision, so I personally do not like their whole model of doing things. I would ask others to consider becoming an "Active American." Make conscious decisions about helping and charity in your home, and then take all precaution and action to ensure that your funds, toys, and food make it into the proper hands. Local charities where you can physically walk up with your donations and you can visually see people being helped offers the best peace of mind like food banks, local libraries, soup kitchens, Toys for Tots, and so forth.

If you do not have resources, help a neighbor in need by giving a ride, cutting the lawn, or taking a person to the store. Being neighborly, kind, and a good steward of resources will ensure that people will get help without enriching all of the bureaucrats.

__________________
ORIGINAL POSTER: WOLFRAM
@ HTTP://SCRANTONPOLITICALTIMES.COM

TOPIC: United Way of Lackawanna County: A five-part Series.: United Way of Lackawanna County: A five-part Serie...

2012-10-04T23:52:00.001-04:00

TOPIC: United Way of Lackawanna County: A five-part Series.: United Way of Lackawanna County: A five-part Series. I. Organizational Structure Recently the biased Scranton Times ran a page...

WILK-FM - Our "Experts" Are Not Up To The Job

2012-10-03T19:49:00.001-04:00

WILK-FM - Our "Experts" Are Not Up To The Job

Bridges

2012-08-04T09:33:00.001-04:00

Uploaded by TheGreenSweater on Mar 24, 2008

While ethically neutral, rhetoric, science, politics, etc. are often greatly useful in the promotion and enactment of personal/in-group agendas. What are "important events and important ideas" to you? What is truly ours? What does it mean to "put into the river?" How does a creation come to have "its own utility and its own use?" What is living "in the past" vis a vis time, "the river," now, staying power, and ideas?

Music: "Bridges" by Utah Phillips and Ani DiFranco
Video footage: Borrowed from my local library...various sources :-)
Produced/Edited by: TheGreenSweater

a re-blog from the wordpress site: Let's Gets Honest. Follow the link to view the post in it's entirety

2012-08-04T05:56:00.000-04:00

Quips, Thinks and Links on the Most Essential Matters… [http://familycourtmatters.wordpress.com/2012/08/02/quips-thinks-and-links-on-the-most-essential-matters/]

by Let's Get Honest

My Ideal signature block would show my Current Understanding as Quips with Links for "thinks."

There has to be a way to check facts and assemble a workable theory that doesn't entail slavery for most and freedom for some. That alone is an ECONOMIC matter, a COMMERCE matter, and as such, has to be dealt with -- what are these courts really for? We can say "kids for cash" and "stop child-trafficking" til we are blue in the face, but sooner or later such things as the murder/suicide of Georgia Senator Nancy Schaeffer and her husband -- which was most likely NOT anything close to a murder/suicide -- has to be dealt with. As do the troublesome indicators such as The Franklin Coverup (Nebraska, Senator John DeCamp reported on on, which tied in foster care, Boys Town (Omaha), financial institutions (Countrywide), DRUGS, and blackmail of politicians. Plus murder and some absolutely horrific and blood-chilling circumstances -- in the heartland of America. This particular scenario (Franklin) was also tied by some to Los Angeles and the drug trade. What happened? How did it happen?

. . .

JURISDICTION sets RIGHTS.
USConstitution Title28/IV sets Jurisdiction
Citizenship in USA, Inc. = YOU became collateral for U$A Debt

War=Debt Collection. pSILENT weapons = biological warfare by few to enslave MOST.

I blog FAMILY COURT aspects @ LGH ~ FCF~ LACKaWantsTo (& here*)

Tavistock's History: Read!

~ Now Abide These Three" I Cor 13.

Socially, when a nation turns it back on enough of these matters, it becomes immune to abuse, and insensitized to how dangerous the entire society actually is. It's hardly conducive to maintaining a solid work life when one has a conscience about the level of violence we accept by membership in this country and contributing our life energies to life in the United States.

Some of us have also contributed children, and fought YEARS to get an honest explanation or rationale of why we should sacrifice them, and why some policeman (or woman), judge (male or female), or domestic violence outfit/child protection agency -- or (if you tend towards the other side) fathers' rights groups -- couldn't get this thing solved, and let us get on with "life, liberty, and the pursuit of happiness" (or at least, as long as possible in the "LIFE" part) without further extortion, trauma, or disruption.

We are not getting this, so I have deduced will have to assemble what works, while dealing with what doesn't, including lack of closure. Here's the essence of where I am now -- although to see the backup documentation, please go (most recently) to the link called "here" below, which is Scranton Political Times where my commenting and posting research has gotten outrageous. (I'm giving them a day off).

. . .

JURISDICTION sets RIGHTS.
USConstitution Title28/IV sets Jurisdiction
Citizenship in USA, Inc. = YOU became collateral for U$A Debt

War=Debt Collection. pSILENT weapons = biological warfare by few to enslave MOST.

I blog FAMILY COURT aspects @ LGH ~ FCF~ LACKaWantsTo (& here*)

Tavistock's History: Read!

~ Now Abide These Three" I Cor 13.

*"here" in context=Scranton Political Times, a forum where I've been hanging out (and contributing) since 11/17/11. Lackawanna County being right next to the infamous "Luzerne County" of the two judges caught in the "Kids for Cash" scheme. (which I've blogged much earlier, here-- before joining the forum) which can become confusing as the local bloggers are upset about FAMILY COURT matters (particularly a certain GAL & GAL program as applied in custody -- not juvenile court -- cases). It's questionable how many flesh and blood (as opposed to virtual usernames) individuals are currently participating on this thread. I'd make it a maximum of perhaps FOUR at this point (if that), but I continue to put things out for general purpose, while continuing to learn myself.

The concept of username versus real person would provide a comparison for flesh and blood person and "legal" person. The declared "unalienable" rights come I gather with the flesh and blood, but as we tend to form inappropriate relationships with not only other flesh and blood people, we also unwittingly and because of our culture ALSO have in this country repeatedly (MOST of us, I say) formed or been induced to give consent to forming -- LEGAL PERSON relationships with our own government.

People without an intrinsic center and ability to navigate life because they have acquired the skills needed to understand and cope with rapidly changing circumstances -- and guide them, versus passively float through them -- cannot protect freedom for themselves OR others associated with them. I find at this point in life (let's called it well into the latter half) that I CAN unlearn previous poor lessons, and I CAN acquire skills -- but doing so will increasingly result in a refusal to submit to abuse, control, and inappropriate boundaries, and repeatedly saying "NO," or going one's own way.

Whether or not one can do this often relates to what you may have that someone else wants, i.e., some other sociopath or sociopathic, controlling, "abusive" etc. -- system, particularly FAMILY systems. The "family law system" being a microcosm of what I now call "USA, Inc." has become so because of things like Federal/State relationships, because of "welfare" and because of -- bottom line -- what amounts to the ongoing DOUBLE-SET of STANDARDS.

This double set of standards defines the "elite/peasant" standard, the "God/Dog" standard, or the "us/them" circumstances. it particularly applies --as I continue to find, and am amazed at how brazen it is (hidden in open) -- when it comes to federally funded grants. The word "federal" has a specific meaning and immunities, and its reach throughout the country is also significant.

Double Standards is THE definition of Hypocrisy, and of self-anointed, or improperly anointed "leadership" when dealing with the masses. Am I a socialist? Hell no! I am who I am -- I live in this century and have crossed the millennium trying to escape being a POW (though circulating somewhat locally, I was not "free" in any sense of the words; there was a known "leash" and system of unwritten and not entirely predictable severe punishments such that no peace existed, almost, while I cohabited within a marriage.) HOWEVER I find years later that so widely spread is enabling abuse and slave-like situations in local communities (enclaves) that MOST will sacrifice others rather than themselves, or rather than risking their own families or interests when dealing with an out-of-ilcontrol psycho in their family line, their religious community, or their neighborhood -- in fact almost anywhere.

So what is done instead? "The Professionals" (government, or its contractors) are expected to do cleanup. Most self-preserving individuals in families or in work relationships have already bought, paid, and traded or been bred into the (false) idea that government, while at places evil, or dysfunctional (which is it?), is not all THAT bad, and is a NECESSARY evil that we should lay low and continue to pay for -- or it might be our families next, after they're done with the outcast/fringe, marginalized population who have nothing but themselves to blame for being: outcast/fringe, marginalized, or in short poor ("low-income"). Consciences about this can be sometimes eased for the price of admission (tithe, or just time) at the local religious institution, whether storefront or of beautiful architecture (with or without icons/imagery) and performing arts inside.

If this religious institution takes in funds (debt-dollars, actually) and is 'tax-exempt' - it is part of the problem. Beyond that, many religious institutions are MORE than "part of the problem," they are the source of it, large-scale!

Unfortunately, our current technology of war -- which includes distributing the debt for war on all and collecting in advance to create more technologies of (war) -- has met that there are fewer safe and free places to live, eat, sleep, work, or even die. There is not privacy. If land is owned, water, electricity, and roads may not be.

Vehicles may be owned, but they are also to be licensed -- which (as I'm coming to learn) -- like MARRIAGES -- means that "the Lord" (said government) giveth, and the Lord (said government) determines whether or not, when, and how -- it taketh away, and from whom.

If the government has "given" at some point in time -- and one has consumed -- then it appears that one has consented to do COMMERCE from said government (without understanding well who it was, seemed like a good deal at the time, everyone else is doing it, right? -- except maybe a few kooks, which reminds me of Waco, or Ruby Ridge, or (fill in the blank with one's biggest or most notable public nightmare). Again, see:

JURISDICTION sets RIGHTS.
USConstitution Title28/IV sets Jurisdiction
Citizenship in USA, Inc. = YOU became collateral for U$A Debt

War=Debt Collection.

pSILENT weapons = biological warfare by few to enslave MOST.

I blog FAMILY COURT aspects

@ LetsGetHonest ~ Family Court Franchise ~ LACKaWantsTo

(& in part, Lackawanna Family Court (ScrantonPT forum)

-> -> -> Tavistock's History: Read!

~ AND REMEMBER: "Now Abide These Three" I Cor 13.

?????

Let's Get Honest | August 2, 2012 at 1:20 pm | Tags: Declaration of Independence/Bill of Rights,Jurisdiction, Motherhood, pSilent weapons silent wars, slavery, social commentary, social engineering for slavery, Social Issues from Religious Viewpoints, Tavistock, U.S. Govt $$ hard @ work.., women's rights | Categories: 1996 TANF PRWORA (cat. added 11/2011), Bush Influence & Appointees (Cat added 11/2011), Business Enterprise, Designer Families, Faith-based grantee scams, Lackawanna County, money laundering, My Takes, and Favorite Takes, Raptors,Vocabulary Lessons, warfare: strategic | URL: http://wp.me/psBXH-15N

Suit Over Lackawanna Co. Guardian Ad Litem Changes Defendants

2012-05-08T17:08:00.001-04:00

Suit Over Lackawanna Co. Guardian Ad Litem Changes Defendants

2012-05-06T03:23:00.000-04:00

Humanity at the 11th Hour: Government Corruption in Winner's Circle. Pennsyl...

2012-04-03T02:24:00.001-04:00

Humanity at the 11th Hour: Government Corruption in Winner's Circle. Pennsyl...: The Cash for Kids Judicial Kickback Scheme which Resulted in a Suicide By Guest Writer Mike Ference If only the Pennsylvania Judicial...

Lackawanna County Family Court 'Forum': Right Brain/Left Brain? and allegedly 2,700 silenc...

2012-03-29T23:16:00.001-04:00

Lackawanna County Family Court 'Forum': Right Brain/Left Brain? and allegedly 2,700 silenc...: There are many ways to shut down rational discussion, one of which is by unsupported accusations, as follows. Another one is by bringing ...

The Family Court Franchise System: Suppose this Lackawanna Couple had a Child in Comm...

2012-03-29T16:18:00.001-04:00

The Family Court Franchise System: Suppose this Lackawanna Couple had a Child in Comm...: I went to follow up on the Federal Lawsuit against GAL article. This was a side-link, an outrageous treatment of extreme violence in the a...

The Family Court Franchise System: Pennsylvania Posts (Scranton Political Times)

2012-02-24T19:59:00.000-05:00

The Family Court Franchise System: Pennsylvania Posts (Scranton Political Times): So, in 2011 the FBI raided Lackawanna Family Courthouse, and the crowds are waiting, and what we hear, continuing to protest outside the cou...

Weapon of Choice - Fatboy Slim

2011-10-29T19:51:00.001-04:00

2011-10-08T14:34:00.001-04:00

the black robe club

2011-07-08T15:26:00.002-04:00

i'll say something positive about ross

Maternal instinct propagates disorder in the court by Nancy Koerner

2011-04-21T10:42:00.000-04:00

Mother bear protecting her cubs.
Photo: Photo by Scott Michael's photostream/flickr

In the treacherous ambiguity of domestic violence, it is an irrefutable fact that an abusive husband may be just the beginning. Although the legal system has made great strides over the years, there are still certain practices that allow for grave injustice. The oppression may be levied not only by the victim’s abuser, but also by an unenlightened judicial system with a subjective point-of-view.

Under the judicial microscope
Within the legal process, victimized women may be placed under a microscope wherein every action, facial expression, and verbal innuendo within the courtroom may be scrutinized and judged. These women have already been severely traumatized; they have fled their abusers under dire circumstances, and now the additional terror of being branded as an unfit mother hangs over their heads like a guillotine. The stakes are inconceivable. Considering the reality that their child could be temporarily, or permanently, taken away provokes unfathomable panic. In the grip of such fear, depression, and intense anxiety, the courts know it is quite likely she may behave erratically, thus jeopardizing her legal position. Of course. How could she not? Any woman who sees her child in danger, or realizes that he or she may be subjected to an abusive, uncertain, and motherless future has the potential to erupt. It is not about logic. Like a mother bear torn from her cub, it is maternal instinct to vehemently protect the young.

Abduction justified under human rights?
Sometimes child custody is awarded to the father even in cases where the child, like the mother, has been abused. Sooner or later, with nothing to lose and everything to gain, these women may find a way out, abducting the child against incredible odds. Child-snatching for the purpose of gaining legal jurisdictional advantage is a decision born of extreme desperation. But when any human being finds they are entirely deprived of any lawful means of reclaiming their basic human rights, are they not righteous? Can a moral person obey an immoral law their conscience tells them is unjust?

Erratic behaviour in the courtroom
Paralytic emotions can come into play within the courtroom. The child is terrified to be taken from his or her mother and sent back to the father. The mother is horrified to think that the child may be torn away from her, perhaps to another city or state with limited hopes of visitation and no recourse for the future. Is this substantial cause for erratic behavior, fear, anxiety, and despair in the courtroom? Absolutely. Are her emotions unrealistic? Does it mean she is unfit? Absolutely not.

Instinct, not rationale
It should be noted that one cannot look for logic in this scenario. There is no rationale in motherhood. It is instinct, pure and simple. It is the very nature of the beast. Should a woman, torn away from her cub be expected to behave in a logical manner? Ask the mother bear.

Continue reading on Examiner.com: Maternal instinct propagates disorder in the court - National Domestic issues | Examiner.com http://www.examiner.com/domestic-issues-in-national/maternal-instinct-propagates-disorder-the-court#ixzz1KAU7G0WZ

Positive power of pain prevents boiled-frog syndrome

It may seem elementary, but while our universal human instinct is to avoid pain, there is a miraculous purpose to suffering. Pain is the indication that is something wrong. It is a warning signal of escalating damage to the body, mind, and spirit.

Think about living a life without physical pain. It sounds like a gift, does it not? Quite the contrary. Pain is our natural alarm system; the lack of tactile sensation would be an unequivocal nightmare. (Read about a rare genetic disorder called CIPA, Congenital Insensitivity to Pain with Anhidrosis.) With no reaction to pressure, strike-force, or sharp implements, we would suffer extensive cuts, bruises, and broken bones, never realizing the extent of the damage until long after the fact. With no reflex reaction to heat, we would sustain ghastly burns; with the onset of infection, abscesses, or blood-poisoning, the only indication would be visual signs, or gangrene, long after the fact. Without pain, we would lack that vital forerunner signaling our brains of minor injuries, major trauma, or serious medical condition. With no escalating reaction, there is no incremental gauge, and therefore no ability to respond.

And yet, with domestic violence, abuse victims may be punched, kicked, bruised, bludgeoned, strangled, shot, or stabbed and still remain in denial, their pain unrecognized, their injuries untreated. Emotional wounds are just as significant. Yet unspeakable mental anguish, separation anxiety, estrangement, disenchantment, isolation, panic, terror,and feelings of impending doom may be ignored for years on end.

A pot of water boils on the stove. If a live frog is thrown into the pot, he jumps out instantaneously. But if the frog is placed in a pot of cold water which is heated gradually, the frog does not sense the change and slowly boils to death. As the toxicity of a relationship escalates, so does the accompanying pain. So why do we not react? The reason is simpler than some might realize. It is an incremental equation. A well-known cautionary tale demonstrates the phenomenon:

Although the story is biologically inaccurate, the metaphor clearly demonstrates the syndrome. Inaction, resulting from the inability to comprehend gradual but significant changes, can lead into a frightening and dangerous reality.

When it comes to domestic violence, the line between action and inaction is often blurred by the naïve desire to "keep the dream alive." This perverse mindset is born of denial -- the overwhelming refusal to recognize that a Cinderella-lifestyle has become a living nightmare. Life is not a fairy tale, and although some dreams may come true, happy endings are never guaranteed.

Step back from your life and take a new look, a conscious reassessment of your reality. If you wake up every morning living in tumultuous fear, hating your life, and wondering how you will survive another day, then please recognize that this is NOT life -- this is not living. Reevaluate your circumstances. Seek professional advice or the help of a friend. The lesson of the boiling frog is indisputable. If the pot of water is heating up all around you, the leap you take may save your life.

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