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

Will your online petition make people aware of the issue?

You are upset because the system has betrayed you - you want to take action and show that they are wrong, corrupt or biased. What do you do - get an online petition going to show the powers that there is a problem and that people back you up. Before you go to one of many sights that offer up online petitions are you prepared to do some hard thinking and ask yourself some difficult questions before posting that petition?

Some things to think about while you contemplate the idea:

GOALS: It is critically important to have clear aims for any petition.  Who are you petitioning?  Exactly what do you want them to do?  Do they have the legal power/authority to do it?  Are they apt to respond to an Internet petition?  Have they ever responded to a similar petition like yours before?  Have you tried other methods to solve the problem about which you are petitioning?

NUMBERS NEEDED? How many petitioners do you think you can get to sign your petition?  Beyond your family and friends are there a large number of people who understand the issues you are raising and who will back you because they share the  views you express in the petition?  How many signers will you need to have any significance?  For an in-state project, it might take several thousand signers before anyone takes notice.  For a national project you will need hundreds and hundreds of thousands.  You are aiming to make a grass roots statement of political power.  Can you get the numbers to "speak" power? How?  Large organizations and governments don't respond to midgets.

DEFAULT POSITION: If the petition falls flat- with little to no response or action- what is your fallback plan?  Shouldn't you have other ideas in mind, or do you just drop it?

RISK MANAGEMENT: What are the risks for you and others who might sign an Internet petition?  Have you run the petition idea by your lawyer and/or others with experience?  Is it well-written and clear; does it avoid name calling or slander?  Have you considered whether the petition will make matters better or worse?  What if it fails to get the desired response?  Will it improve or damage your image, your credibility, your thinking, your ideas, your original aim?  Are there legal ramifications that can come back to bite you and those who sign the petition?  If the petition fails in its expressed aims will there be backlash?  Will it infuriate others in the system you are petitioning - and cause them to close their ranks?

DISTRACTION: Is the petition a waste of time in the sense of being a time-consuming distraction from actual things you might do with less risk and greater potential payoff?  Are you avoiding the hard emotional work that might have greater benefit?

Getting 25 or 50 of your friends to sign your petition is probably useless. They are signing it just for that reason - being your friend or family member. On the other hand if you talk with 25 or 50 strangers of which some end up signing is in the end more beneficial to your cause. You have created an awareness of your issue which you can then build upon. To put it another way - a person in power can ignore hundreds or even thousands of signatures. It becomes harder though to ignore 25, 30 or more who are screaming at their door - writing letters and becoming involved in your cause.

REMEMBER: The American Revolutionary players tried unsuccessfully to petition King George.  The fallback position was the Committees of Correspondence and then the  Revolutionary War.

Connecticut - Public Service Announcement - Guardians ad litem have feelings please be sensitive

Recently Guardians ad litem have come under intense scrutiny in Connecticut for their actions in family court. They are crying that the role is mis-understood by consumers and the public in general. It is so bad that Guardians ad litem have asked to be withdrawn from cases. Is this because they feel that in doing so it is in the best interest of the child(ren) they represent? Or because for the first time their actions are coming under more scrutiny? Presented here are two articles from the Connecticut Law Tribune:

GALs Are Withdrawing From Cases As Court Reform Tensions Grow

Connecticut Law Tribune

Increasingly angry tactics have been pervading the public inquiry into family court custody reform, triggering a fight-or-flight response from top members of the family bar.

Some are ready to throw in the towel, or at least take a long time out.

Dozens of lawyers who work as guardians ad litem (GALs) or attorneys for minor children are in the process of withdrawing their representation, or are no longer accepting such appointments.

For example, in the past 30 days, Steven Dembo, of Hartford's Berman, Bourns, Aaron & Dembo, has asked to withdraw from four of his eight Guardian ad litem appointments. The requests are due in part to increasing attacks of the work done by Guardians ad litem on Internet websites and Facebook pages highlighting problems in Connecticut's family courts.

Full story: The Connecticut Law Tribune

Editorial: Legislature Considers Guardian Ad Litem Reform

The Connecticut Law Tribune

Appointed by judges to represent the interests of children in custody disputes, Guardians ad litem typically operate below the radar of public opinion. But in recent weeks, they have come under a microscope.

GALs were a focal point of a state task force looking into family court costs. They are primary targets of advocates who say they are upset that custody disputes have become far too expensive for the average person to wage, and that GAL fees reaching $30,000 or more are unconscionable.

They have captured the attention of legislators, some of whom have already expressed determination to increase oversight of GALs. And they have prompted a rare newspaper column by the state's chief justice, who agrees that some reforms are needed.

Full story: The Connecticut Law Tribune

It is well worth reading the comments posted by others.

Connecticut - Opinion: Family Court System Expensive, Inefficient And Abusive

Connecticut Law Tribune

On Feb. 26, there was a historic vote at the state Capitol in which family court Judge Leslie Olear was only narrowly reappointed by the legislature. This vote came after public protests which gained media attention and after legislators were called into action to address the serious problems in our state's family courts. After this vote, some members of the legal community understandably rushed to defend Judge Olear, claiming that the votes against her were politically motivated and only in response to complaints being expressed by a "small number of family court critics." This is simply not the case.

This vote came after scores of parents, adult children of divorce, grandparents, attorneys and business executives testified until the early morning hours in front of a task force in January, after more than 630 parents signed a petition demanding legislative reforms of the family court's broken guardian ad litem (GAL) system, and after legislators were inundated with thousands of complaints about our family courts from parents, as consumers of the family court system's services.

Full story: Connecticut Law Tribune


Related stories:
Connecticut Law Tribune - Opinion: Judge Became Pawn In Debate Over Family Court Issues