Maine - Is Hon Jeffrey Moskowitz promotion good for Maine's Families and children?

It is now official that the Hon Jeffrey Moskowitz has been named Deputy Chief of Maine's District Courts. He is taking over from Deputy Chief Judge Mullen who is moving on to a Superior Court position.  How Moskowitz was selected and why he was selected among all of Maine's many district judges is a mystery to the public (and to the Legislature for that matter). Has he been promoted because of outstanding knowledge, skill and experience - or skills be damned - he is a "Buddy" of the courts? 

The soon to be Deputy Chief Judge Moskowitz has been a judge since 2008 and has had an interesting career in that time with many challenges and much controversy.

Starting with the case of Dr Lori Handrahan in 2008 and ending with the Dalton v Dalton case of 2013 there have been countless parents (and their children) that have reported suffering from decisions made in his courts. The Hon Jeffrey Moskowitz is one of four judges whose names consistently are reported to us by divorcing families as victims of his actions - after often high handed courtroom management and decisions that are hard to understand.

Though we do not know him personally, The Hon Jeffrey Moskowitz has been repeatedly and consistently characterized by others as being irritable, harsh and  lacking in basic courtesy towards those in his court. This has been an especially common report from those who are represented  'pro se'. Intimidation by the judge, criticism of their lack of legal knowledge and courtroom sophistication is a complaint of those forced to do "pro se" by their inability to afford a lawyer (74% of cases). The judges attitude compounds the statistically huge "access to justice" problem. Being treated by a judge like a "low life" does not improve the confidence of already frightened people. We hear reports that the Hon Jeffrey Moskowitz has displayed a lack of knowledge and understanding regarding to the rules for Guardians ad litem - This is the yardstick for measuring a Guardian ad litem's performance. Yet, as deputy chief judge he will now be responsible for handling complaints regarding Guardians ad litem. Is there no better judge to have responsible than someone who is reported to have no clear concept of the rules governing those he is responsible to manage.

The Drug Court that the Hon Jeffrey Moskowitz rules over is reported in the press to be a conflicted mess straying from its original blueprint, and a legal challenge has been raised by the Superior Court in Bangor about violations of the constitutionally mandated due process that many users of those courts receive. There is also the issue raised of flagrant 'ex parte' communications that the teamwork design of drug courts makes unavoidable and inevitable.

We ask: is Moskowitz the caliber of judge we want in our court? Has the Hon Jeffrey Moskowitz truly had such a brilliant jurist as to warrant a highly significant, influential and pivotal promotion? Is he a respected leader in law and justice? Or is it because there is so much controversy surrounding this judge that by moving him upstairs  Chief Justice Saufley et al are better able to keep an eye on his functioning?

Enough complaints of damage and abuse have been reported by divorcing families entering this court house that we feel it is time for an outside inquiry, a formal legislative audit of the Hon Jeffrey Moskowitz' courts as well as the District Courts in general. In addition to our call for an audit by the legislature, the Hon Jeffrey Moskowitz is coming up for review of his appointment in 2015 - it is time for people to let our representatives know how we, the public access this Judge.


If you have suffered through Judicial abuse - either through the hands of a Judge or Guardian ad litem we ask that you contact us at MeGALalert@gmail.com of find us on Facebook.

Related articles where the Hon Jeffery Moskowitz has had some influence:

PPH - Maine attorney general enters fray over divorce case

Maine - Child Custody - An appeal to Maine's Supreme Court: Dalton Vs. Dalton CUM-13-521

Pennsylvania - Former Guardian ad litem Danielle Ross asks Judge for Probation

PA Homepage

A former Guardian ad litem (GAL) from Lackawanna County PA has asked a judge for leniency with her sentencing which was scheduled for Wednesday 04/16/2014.

Danielle Ross the former GAL is asking for probation after pleading guilty to income tax evasion.





Full story: PA Homepage

Maine - Credibility determinations are left to the sound Judgment of the trier of Fact

One (out of many) of our favorite quotes from a Maine Supreme Court decision has the ring of final authority that is almost biblical.  To us, it  effectively seems to say, folks,on this sacred verity there is no possible rebuttal.  It’s almost, “God is speaking!”  But, ... and not to disrespect God, here is the quote- and our rebuttal:

SUPREME COURT: “ NO PRINCIPLE OF APPELLATE REVIEW IS BETTER ESTABLISHED THAN THE PRINCIPLE THAT CREDIBILITY DETERMINATIONS ARE LEFT TO THE SOUND JUDGMENT OF THE TRIER OF FACT”.

OUR REBUTTAL: To us, this is a statement of a nice ideal, or a “wish-it-were-true”- not the reality that the public experiences. If all judges possessed super human "infallibility", it might be true.  But they don't.  They are subject to human error, just like all other mortals.  In the case that lead to this quote, the judge was far from infallible about Guardians ad litem. He gave a vivid indisputable demonstration of his legal fallibility, when he improperly  referred a complaint about the Guardian ad litem in an active case that he was judging to the Chief Judge of the District Courts. Key issues: (a) the case was being actively argued in HIS court.(b) by the “rules” as stated on the Judicial Branch web site, he himself  is supposed to address and judge the merits of  complaints about Guardians ad litem in active cases in his court.

Despite being told by the untrained  'pro se' plaintiff that he was mistaken in making this referral he insisted on making this very inappropriate referral in violation of the Maine Rules for Guardians ad litem. If he didn't know the actual written Rules for Guardians ad litem with respect to complaints against Guardians ad litem, one has to  ask what else didn't he know about the Rules governing Guardians ad litem, and how could he judge a GAL's functional performance, absent full knowledge of the standards for the job?

The God-like quote above is a clear example of demonstrated  bias that favors an inept, uninformed judge, and it disfavors the ironically more informed  party who was represented 'pro se'. The decisions coming out of this flawed process both shape and distort  the actual facts to maintain an image that all is well in the courts, both probate and Supreme. This is not true in this case where the language of the decision and the actions of the lower court attempt to bamboozle a 'pro se' representative with statements that are provably false.

The court's decision raises a serious question about public "access to justice" and a constitutionally guaranteed "equal protection of the laws (for everyone)"! A 'pro se' representative, even with some "home study" can never match the skills of an experienced lawyer or the highly empowered (though in this case an uninformed) judge. It is an unequal legal conflict between "a peashooter vs a cannon".

So much for “CREDIBILITY DETERMINATIONS ARE LEFT TO THE SOUND JUDGMENT OF THE TRIER OF FACT!

Maine has a 74% ‘pro se’ problem. 74% of court cases are receiving unequal access to  justice in Maine courts. It is a class discrimination “secret” that flies under the radar. It violates the US Constitution. For constitutional compliance and respect for “the rule of law” it needs correction asap!

For support please contact us at MeGALalert@gmail.com and you may also find us on Facebook.

Connecticut - Emotions Run High At Hearing on Guardian Ad Litems - SB 494

In another emotional and charged scene parents once again spoke to their Representatives at the Judiciary Committee regarding a bill that was before them - SB 494. This is how as a parent you can bring about change to an abusive system. While your own personal experience my be compelling it alone will not bring about the change needed to reform Family Court. Parents/ consumers in Connecticut have succeeded - regardless of whether this bill goes far enough or not. Change is coming and it takes time.

CT News Junkie

Rep. Dan Carter, R-Bethel said he remembers the first time he had a constituent bring the issue up to him.

“I thought she was off her rocker. She was sending me so much information that I couldn’t absorb it. I finally spoke to her, I sat down and got to know her,” he said. “I found out that this group of people may appear nuts to us. You know why? Because they’ve lost their kids. Because they’re victims of what they feel like is an unfair system.”

Many of the parents believe the family court system fosters prolonged custody battles for the benefit of the guardians and consultants affiliated with the court. Some reported GAL bills in the tens of thousands of dollars.

Colleen Buden told the committee that “parents are treated like criminals” in family court.

“Almost all the cases are the same. It’s the Connecticut family court playbook — the targeted parent is accused of having a mental illness. At that point the targeted parent hires professionals to fend of the allegations but once you clear one allegation along comes another. It’s endless. Most allegations come from the guardian ad litem,” she said.

Full story: CT News Junkie