Suing the Opposing Attorney

 Fifteen years ago, a neighbor came to my door, asking me to watch her son.  She had three young children all under the age of six, and was on her way to court. Her husband had left her for another woman, and refused to sign off on their home so it could be sold.  Her job alone was not enough to pay the mortgage, and he would have received a portion of the proceeds in equitable distribution.   The husband also rarely complied with child support, which would have been reduced had he cooperated in the sale of the property.  The home was in foreclosure, however, for no other reason than the misconduct and bias of the judge. He was focused on providing hourly fees to repay campaign contributions, to the fellow bar association member that represented her husband. My neighbor could not afford an attorney, and was representing herself.

A judge does have the power to remove a non-cooperative spouse from the deed, and enforce economic relief.  They have a duty to mitigate the  harm to the family, that is directly written in the domestic relations statute.  At the time, I also had three young children under the age of six.  I could not believe what she was telling me; surely we have laws that protect us from this sort of thing.  She could put in a complaint regarding the judge, right? My neighbor said to me ,“You don’t know how bad it is until you are in it.”

Ironically, fifteen years later, I had the same judge preside over my own divorce.  It has been eight years, and I too, have had to represent myself.   The same things have happened to me.  My home is needlessly in foreclosure over a simple signature for a modification of the mortgage.  Judge Kelly Wall, in Montgomery County, was indebted to the bar for campaign contributions.  She let a motion for relief go unaddressed for four years, and failed to disclose it on the Rule 703 reports, which require them report timely disposition of issues.  After four years of contacting the Judicial Conduct Board, I managed to get  a meeting with them.  They did force her to recuse, but apologized that they have no restitution mechanisms. My anger is not so much with my revengeful spouse, as it is with the people who are being paid to control these situations.

Maybe if I had gotten involved fifteen years ago, with trying to repair our severely decayed justice system, I would not be now battling for eight years, still not even divorced.  Whether you are involved in family court or just a plain civil matter, the problem is all from the same source.  No checks and balances over the Judicial Branch.  They are directly responsible for all of the government corruption we are seeing.  So I understand the apathy; but I cannot understand when those that are involved, how they still do not participate in trying to stop this from happening to their children in the future.

It took Martin Luther King, Jr. over twenty years, to get enough people to actively participate in the civil rights movement of the 1960’s.  This is where our trouble with the courts began.  You can learn about it here.  Since that time, the bar associations increased their power over the courts, to take away those rights that were fought for during that time.  There is a lot of information on how this occurred on Pennsylvania Court Watch – it regards the Open Meeting Laws and Sunshine Act. 

But in the interim, I have an historical case – one that no one in the state of Pennsylvania has had as much success on, in suing the opposing attorney in my divorce. If I prevail, it will set precedent for others to use. The reason I was able to get as far as I have, is because ONE judge, did not take campaign contributions, and is not subservient to the bar.  For the last four years I have been in litigation against this attorney and  it has given me valuable information that I would like to share.  

Last week, the defendants attorney made a mistake.  He filed what is known as a Motion for Reconsideration, for dismissal of his preliminary objections, by the first judge, from years ago. When he did this, under the collateral judgment doctrine, the decision process went back to the first judge, who had been removed from the case after she allowed my case to move forward.  The current judge,  who took a large amount of campaign contributions, has been allowing the defendants to use dilatory tactics, and drag the case out for the last three years.

The first judge denied their attempts to dismiss the case again. and it gave me something invaluable. She wrote an opinion, which gives the Pennsylvania Law, to sue an opposing attorney for abuse of process.  Only about a dozen states in the country provide for this.  You can view the law on the site here:  Order of Judge on Attorney Abuse of Process.   Use it in your own case; maybe if enough people sue the opposing attorneys, it will help end judicial corruption. 

 

 

Thank you.

Pennsylvania Court Watch

Court Reform Advocacy

One thought on “Suing the Opposing Attorney”

  1. http://www.votefamily.us/constitutional-republic-restoration/

    Who Is Behind The Destruction Of The American Constitutional Republic? Corrupt Lawyers (Activist Judges Included).
    One of the main reasons behind the rapid destruction of the American Republic, and behind all the abuses taking place in the present judicial system, and associated organizations, guardianship programs, DCF , juvenile courts, HOA scams, family courts, etc., is the lack of judicial accountability caused by the loss of judicial checks and balances so necessary in a Republic. See Federalist Papers, Continuation, Constitutional Guardians. Learn more here: http://www.votefamily.us/protecting-restoring-constitution/

    Against the explicit warnings of the American Forefathers, such as James Madison, in some of the most famous of The Federalist Papers, 47 and 51, we have let one group of people take control of all branches of government. Attorneys through their BARs have taken control of all the powers of American government with catastrophic results to this nation as attested by anyone seeking justice in our current judicial system and as evidence shows. “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny” Federalist # 47.

    As a matter of fact, the Florida Constitution in Article 2, Section 3 is clear about attorneys working for the judicial branch being prohibited from working in other branches of government: Branches of government—The powers of the state government shall be divided into legislative, executive, and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

    The executive and legislative powers should check and balance the powers of the judicial system, but today this is not possible because of the inherent conflicts of interest of attorneys working in two or more of the powers of government under the control of BAR associations, basically fulfilling Madison’s warning accumulating power in the hands of a few would lead tyranny, in this case, in this case in the form of oligarchy. Furthermore, if an attorney decides to confront the judicial corruption head on, s/he would most likely be disbarred or disciplined and would no longer be able to practice as an attorney as has happened to so many attorneys across this nation that have tried to fight this judicial tyranny. See more here:
    http://www.americans4legalreform.com/moreon.htm

    The Family Court Cartel Organizational Chart v1.1

    The political turmoil we are witnessing today in America and in many other countries around the world is a repeat of the cycles described by Greek philosophers over two thousand years ago. See: http://www.votefamily.us/understanding-the-cycles-of-governments/, http://saynotopas.com/understanding-government-cycles-and-how-to-remain-in-a-democracy/.

    The solution to restore America’s Constitutional Republic, although may seem painfully slow, requires that regular people, non-attorneys run and win legislative and executive offices all over this nation. This is why President Trump’s victory was so important to save the American Republic. Now, take a look at who is mainly obstructing, and attacking President Trump every step of the way: The Clintons, the Obamas, James Comey, Mueller and his Trump-Russian witch hunt team, and many other whose professions are? You guessed it right: attorneys. Perhaps the best gauge for the great dislike of the legal profession for President Trump is to look at how much money this group donated to the Clinton vs. the Trump campaign. Lawyers and law firms donated $36.4 million to Clinton, but sent only a fraction of that, $0.94 million, to Trump. Wow, that is 3,872% more money donated to Clinton’s than to Trump’s campaign. No wonder President Trump is being attacked so fiercely by lawyers, and the elite in general. We certainly hope to see more non-attorneys run in many other races making sure lawyers stay where they belong, in the judicial system.

    Perhaps It Is Time We Disbar The Attorney Bars:
    Furthermore, ever increasing dishonest and unethical behavior among lawyers proves that the profession can no longer regulate itself, and legislators must step in to take away this authority in order to protect the public. Attorney bars are doing a horrible job regulating the profession. Valid complaints against attorneys committing fraud upon the courts and even lying to their clients are routinely ignored, as illustrated by countless examples such as Dr. Jimenez’ case here http://www.SayNoToPAS.com, while honest attorneys who stand for clients’ rights are routinely disciplined and/or disbarred. See: COMPLAINT FOR CAUSES OF ACTION ARISING UNDER FEDERAL RICO AND ANTI-TRUST LAWS, AND CLASS ACTION against Florida BAR, its “voluntary” dismissal.

    Common Example of “Legal” Corruption:
    Fifteen out of sixteen attorneys secretly interviewed in a recent 60 Minutes episode were caught giving advice on how to launder money to a highly suspicious client. One of these attorneys was the president of the American Bar Association according to the report:
    http://www.cbsnews.com/news/anonymous-inc-60-minutes-steve-kroft-investigation/

    One of the attorneys interviewed in the investigation confessed what many of us already knew empirically. Attorneys have taken over all powers of the government and believe that they are above the law: “They don’t send the lawyers to jail, because we run the country…We’re still members of a privileged class in this country…We make the laws, and when we do so, we make them in a way that is advantageous to the lawyers.”
    http://www.cbsnews.com/videos/nyc-attorney-we-run-the-country/

    As clearly stated above, lawyers have made America an oligarchy. The only peaceful way to restore America’s Constitutional Republican form of government is voting lawyers out of every executive and legislative position in the nation. Lawyers are members of the BARs, and the members of this institutions, as stated above, run the country while bringing the rest of American citizens down.

    Another example. The Panama papers:
    https://panamapapers.icij.org/20160506-john-doe-statement.html

    “…the legal profession has failed. Democratic governance depends upon responsible individuals throughout the entire system who understand and uphold the law, not who understand and exploit it. On average, lawyers have become so deeply corrupt that it is imperative for major changes in the profession to take place, far beyond the meek proposals already on the table…

    Hopelessly backward and inefficient courts have failed. Judges have too often acquiesced to the arguments of the rich, whose lawyers—and not just Mossack Fonseca—are well trained in honoring the letter of the law, while simultaneously doing everything in their power to desecrate its spirit. The media has failed. Many news networks are cartoonish parodies of their former selves, individual billionaires appear to have taken up newspaper ownership as a hobby, limiting coverage of serious matters concerning the wealthy, and serious investigative journalists lack funding.”

    Solution:
    Restore checks and balances in our government. Take the hands of lawyers out of both the legislative and executive powers. Join the GLOOG revolution, Get Lawyers Out Of Government, read http://www.gloogbook.com to find out why.

    But how do we remove the choke hold from attorney BARs? Here are some ideas:
    -The establishment of two-term limits on all state Judges. For instance, if District Judge, only 2 consecutive terms as such. He/she may advance to appeal court or Supreme Court but always with a confidence/retention vote from citizens by appearing on the ballot in the general elections.

    -Open public records on Judicial Qualification Commission complaints against Judges.

    -Confidence/retention vote requiring all public elected officials (e.g. State Senators, House Representatives, Judges, State Attorneys, etc.), regardless of someone running against them or not, to appear for a CONFIDENCE retention vote at the end of their respective election period in office to allow voters the choice of whether they should remain in office or not. In case the public official is not retained in office, the Governor shall appoint a temporary replacement, and new elections shall be held within 90 days to elect a replacement for that position.

    -Remove the self-regulation of the legal profession from the BARs, and assign it to citizen’s grand juries in each district who would not only hear complaints against lawyers, but will also hear complaints against Judges, and will be in charge of preparing bills of impeachments to be executed by the state House of Representatives and Senates. We could also write a generic Constitutional Amendment Proposition (ballot proposition) requiring attorney BARs to finally be regulated by state regulatory agencies, as all the other professions in the USA are. Then, adopting this constitutional amendment to each state and working towards passing it in each state. Even if we don’t get the necessary number of signatures to pass a constitutional amendment in a state, we can then take those signatures to the legislature and pressure them to pass the Constitutional Amendment.

    -Demand the enforcement of the separations of powers provided by most state Constitutions. For instance, in Florida, Article 2, Section 3, which prohibits attorneys working in the judicial branch from serving in other branches of government, reads: “Branches of government—The powers of the state government shall be divided into legislative, executive, and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.” This applies to all states: “The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny” James Madison, Federalist # 47 (explanation on the separation of powers in the government).

    We certainly hope others across this nation join us in supporting non-attorneys in this and future elections. We hope to get your support as well.

    “The germ of destruction of our nation is in the power of the judiciary, an irresponsible body – working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated.” – Thomas Jefferson, 1821.

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