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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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The final parenting plan of my two minor children was issued

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The final parenting plan of my two minor children was issued in 2010. My former spouse has violated every tenet of the order including refusing to allow the children to participate in court ordered therapy, firing a court appointed therapist, denying them medical attention, refusing to follow physician instructions to the detriment of the children refusing to pay any out of pocket medical expenses (I pay all their health and dental insurances)

This is not new behavior. During the proceedings which were lengthy this same person violated all terms of orders relating to shared medical expenses, and the order appointing and guaridan ad litem she refused to speak with her or pay her. They and their attorney were caught with documentation, in spite of testimony and motions to the contrary for financial support based on no other sources of funds (in spite of a grad degree from an ivy league school) was found to be receiving nearly $260,000 over a three year period from her millionaire father, including almost 60 paid directly to her attorney from the same account. All introduced in evidence as well as her remarkably stark perjurious testimony. No comment from the court on this at all, as if it never happened. In spite of a report from an out of state therapist regarding this spouses emotional instability and inability to separate reality from fiction (local therapists went out of their way to say she was fine) the court sanctioned me $30,000. for making "meritless" claims in this regard in spite of additional written opinion from a psychiatrist corroborating my concerns. It was opposing counsel who demanded separate psych evals outside of the family eval, not me. She falsely accused me of being an IV drug user, alcoholic, child abuser, sexual deviant, spousal rapist and serial philanderer. No mention of any of that other than to make findings or no comment against those accusations.

Additonally the other spouses' attorney represented the court in it's divorce. The court never disclosed this. Even though I have followed all orders to the letter, the court has gone out of its way to cite violations of its "orders" which were never issued. A second GAL was appointed, who violated the terms of the order appointing them by not submitting billing statements monthly, was shown through documentation to have intentionally grossly distorted a therapists opinion, refuted by that therapist in writing to the court. The court without any motion before it, issued an order denying me access to the second GAL file based on a letter from the GAL when my attorney asked for it, even though statutorily parents are entitled to it.

GAL #1 selected by opposing counsel recommended the children live with me. GAL #2 they live with her. She now has majority custody. Appeal filed and while the appellate court stated they never heard of a court giving custody credit for child support to one parent when the children were in school they did not reverse.

A recently filed motion to amend the parenting plan based on refusal to follow the court order on therapy: one child is diagnosed with depression, refusal to follow physician orders, denial of medical treatment, threatening one child with arrest for taking prescribed medications and throwing my oldest depressed child out of her house without knowing where or with whom he went for the night. And another response motion shown to be factually false-the court denied the motion before my reply brief was even filed and sanctioned me again with attorney fees. There is much more of this but these are only some of the highlights. Would this meet a threshold of judicial bias to get this judge (the first in our state's history to be publicly censured by the state supreme court) disqualified?
I cannot get my children medical attention when they need it.
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*Welcome,My name isXXXXX is an awful situation and I will do whatever I can to answer your questions!Did you file a motion to have the judge recuse himself based upon the fact that the other spouse's attorney represented the judge in his divorce?
Customer: replied 1 year ago.


No I did not find out until later after the proceedings started, my attorney at the time told me it would not be a problem. My appellate attorney was "outraged" by this judicial misconduct until after the retainer check cleared and then informed me afterwards his partners and he decided they don't want to be known as the firm that took down this judge. None of this was mentioned in my appeal.

In Montana the only appellate court is the state supreme court, they here every appeal on all cases. Apparently they don't receive family law appeals well and find them tiresome. At any rate it seems virtually all the lawyers in this state went to the same single law school-at the university of Montana and every attorney who practices here will at some point appear before all other district court (superior court in CA) judges throughout the state.

I am a retired and disabled Inspector of Police from the San Francisco Police Department and have been involved in municipal, state and federal courts and have never seen behavior like this. It is truly surreal. I am not making any of this up and am not a typical unsatisfied litigant. There are so very many instances of this is my case which dragged on for over five years because my ex refused to settle on anything.
Expert:  FiveStarLaw replied 1 year ago.

I do not think you are making this – You have described a clear case of judicial misconduct as well as misconduct by your attorneys on both the trial and appellate levels.

You may want to consider filing a complaint with the Judicial Standards Commission:

Attachment: 2013-05-19_134813_complaint.rtf-3_1.doc



You may also want to file a complaint against your attorneys:
http://www.montanaodc.org/ComplaintbrnbspnbspnbspnbspnbspForm/tabid/1210/Default.aspx

I would be glad to respond to any related follow-up questions that you may have.
Customer: replied 1 year ago.

Is there a way to email you documents? I received an email from my appellate attorney, who advised against filing my appeal based on judicial bias, who now is theorizing future retaliation against his firm and clients if he proceeds against the court. He is suggesting I find an attorney on the opposite side of the state. He has offered to me in person or on the phone to discuss this further. I am not going to allow him to withdraw at this point.

In full disclosure I will tell you I have had more than a few attorneys. My first attorney whom I still due business with, asked me to allow him to withdraw from the case after depositions revealed to him the extended litigation he saw ahead and his firm simply did not have the time to do it. I agreed not attaching much importance to it. He did recently provide me with an affidavit the court did not inform him opposing counsel represented the court in its divorce.

My second attorney was and has a reputation for being incredibly abrasive. My psych experts recommended I get rid of him because he seemed lazy to them. I designated a psych expert and instead of sending that expert case materials for review, he first sent them to a friend of his to review. After I contacted my expert and found out he had not been engaged or received the materials I informed the attorney to do so immediately. He requested I "direct" him to do so which I did.
When I was in custody for a bogus dv charge (which got dismissed) he cursed and yelled at me about my concern "for my f**king kids". I replaced him after he told me I was "no longer" represented by him for speaking with but not engaging another attorney.

The next attorney apparently had some sort of relationship with the court. He was a notorious drunk and womanizer which ultimately led to his censure. This woman had just gotten back into law after some time off raising her young son, or so I was told. She assured me she could handle this case and would hire staff to be able to do so. She filed a motion on my "behalf" without my approval or knowledge, which the court cited against me in its findings. (This is the one who went to my bank to withdraw money) She provided me one partial billing statement and not another for over three years after I threatened to report her. Unbeknownst to me, she had received a refund from a vocational expert and never informed me about it, nor was it reflected in her purported billing statement which is fraudulent. She billed me over $1500. to read a book, and has never provided me documentation of expert fees and copies of checks. Once I replaced her, the court began to act as my counsel or I were even in the courtroom and the biased rulings began to cascade down upon me.

My next attorney was knowledgeable but lazy. During the custody trial, after my former wife testified to many falsehoods, the lawyers went into chambers. As I was preparing rebuttal questions he came out and told me the case was over and we had better get out of there as quickly as possible. When I got the transcript I saw the court had asked opposing counsel if he was finished, He appropriately s said yes but needed to consult with his client first. My attorney simply said yes and then lied to me about what had transpired in chambers. Then outside the court house in front of two witnesses, my attorney stated when referencing the property trial the court said "Well I guess its like Obama said, we"ll just spread the wealth around". I let him go but amicably.

The attorney I hired for the property trial a year later has forty years experience. He did a good job in court at both the property and child support hearings. After the court issued its findings a year later, he was flabbergasted and said it was as if we weren't in the court room and in his forty years had never seen anything like it. When he wrote a letter to opposing counsel for an explanation about the $58,000 he received from his client's father, he shot back-if you think I did something wrong go ask the court if it will agree with you. This attorney was a founder and member of some disciplinary council. He told me since the court made no finding on the issue it was something he would not pursue.He also told me he would not file an appeal based on judicial bias and recommended I not appeal at all.

My first appellate attorney didn't file the initial brief correctly, assured me he had and was told to resubmit it. He did not and my appeal got denied. He lied to me and the supreme court. I filed a motion for re-hearing on the dismissal and asked he be removed from my case. I prevailed. I did file a complaint against
this attorney who was removed and asked for repayment of my fees $22,0000 through the office of disciplinary counsel. They are awaiting his disciplinary hearing with the supreme court. He apparently has agreed to accept a censure. Once that is adjudicated the ODC will render its finding on fees. I did receive a judgement against him for $68,000. This was handled by my present attorney's office. However, the sanctioned attorney's license is suspended for lack of paying his dues, and has no income or assets.



My current attorneys filed my appeal, after refusing to broach the subject of judicial bias. Now here I am.

So which attorney do you think I should file against other than the former consort of the court who stole funds from me and on what basis.

The most critical issue at this point is the courts misconduct and bias. Do you think their are sufficient grounds to proceed on those grounds? Lastly for whatever reason the motion to amend the parenting plan was filed ex parte for some reason. Nevertheless, is the court still bound to allow me to file a reply brief before issuing a ruling. (and as is his habit, this court who has been admonished by the supreme court before, still does not explain his ruling he only signs the order denying the motion and ordering attorney fees.

Let me know if you have enough information.

thank you Phil
Expert:  FiveStarLaw replied 1 year ago.
It seems that this miscarriage of justice is as complex as it is unfortunate. That said I agree with your current attorney's advice to retain an attorney from the opposite side of the State.

You have given me sufficient information to conclude that you have more than enough grounds to proceed on the issue of judicial bias. An attorney from the opposite side of the State would not typically be as concerned with having to practice in front of this judge.

Here is a link to a free site that may assist you in locating competent legal counsel from outside of your general area: www.Martindale.com

I wish you the best with this very difficult situation
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36580
Experience: 25 years of experience helping people like you.
FiveStarLaw and 7 other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


On the subject of attorney conduct: which actions, non actions etc do you think merit attention if any actually do?

may I ask which state you practice in?
Expert:  FiveStarLaw replied 1 year ago.
may I ask which state you practice in?
I practice in Florida.

On the subject of attorney conduct: which actions, non actions etc do you think merit attention if any actually do?
Second attorney:
  • I designated a psych expert and instead of sending that expert case materials for review, he first sent them to a friend of his to review.
  • When I was in custody for a bogus dv charge (which got dismissed) he cursed and yelled at me about my concern "for my f**king kids".

The next attorney
  • Unbeknownst to me, she had received a refund from a vocational expert and never informed me about it, nor was it reflected in her purported billing statement which is fraudulent.

My next attorney
  • lied to me about what had transpired in chambers.

The attorney I hired for the property trial a year later has forty years experience.
  • Don't see any problem here

My first appellate attorney
They are awaiting his disciplinary hearing with the supreme court.– nothing more to add

My current attorneys filed my appeal,
  • after refusing to broach the subject of judicial bias. - failure to represent to the best of their ability


Customer: replied 1 year ago.


Just one last question and comment. Thank you for your insights and suggestions. I don't know how things are in Florida from a judiciary standpoint but Montana as it is said "suffers" from a small bar. Things are less clear here but hopefully if the supreme court accepts the request for disqualification, they will assign it to an honest judge (not a justice) for review and findings.

This judge is a first class reprobate but is very bright when it comes to justifying himself and is no fool. If I don't prevail and he is not removed my children, the youngest being 9 will for all practical purposes have a father who cannot protect them. Do you think filing this motion to amend ex part gives the court leave to issue a ruling without considering my reply brief?
Expert:  FiveStarLaw replied 1 year ago.
Do you think filing this motion to amend ex part gives the court leave to issue a ruling without considering my reply brief?

Based upon what you have told me, the court will do what it wants regardless of whether it conforms to the rules of procedure. That said, the rules of procedure are technical and I do not have enough information to comment
Customer: replied 1 year ago.


Finally, just out of curiosity, is that really a photo of you?
Expert:  FiveStarLaw replied 1 year ago.

Taking the 5th Laughing
Customer: replied 1 year ago.
clever. thanks again.
Expert:  FiveStarLaw replied 1 year ago.
Thank you very much.

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