Is the Solution Really for More Children to Enter Foster Care?

WOW what another Hillary Witch 
https://chronicleofsocialchange.org/opinion/is-solution-really-more-children-entering-foster-care/32074

Sample of a Federal Civil Suit

https://www.scribd.com/document/387185904/Schwab-Civil-Rights-Lawsuit-2018

I am not an attorney. With zero legal training and alot of prayer we created this complaint and hope that we can look back at this one day knowing we held those accountable who are trafficking children under the color of law. So as you read this. Know we did the best we could. It is hard to find attorney's who are willing to take these criminals on. And don't think it can't happen to you. If you allow this to happen to your neighbor, your fellow citizen without a demand for substantiation at the evil allegations DCF makes as a policy and practice, then be assured that one day this will come to your door as well. May we return to the spirit of liberty, and may God grant us victory in this fight.

Copyright: © All Rights Reserved

Download as PDF, TXT or read online from Scribd

Babies for Cash – How the State Abuses Infants by Destroying the Mother-Child Bond in CPS Abductions

https://medicalkidnap.com/2018/08/27/babies-for-cash-how-the-state-abuses-infants-by-destroying-the-mother-child-bond-in-cps-abductions/

File a Complaint on your Case

http://www.uscourts.gov/contact-usClick the link

How to contact us?

Contact your local federal court or state court directly if you're looking for information on:

• A specific court case.
• Handling jury matters.
• Attorney admissions and bar memberships.
• Naturalizations.

Find the address and phone number of your local federal court using the Court Locator.

Sens A Complaint on Bad Judge

http://www.uscourts.gov/about-federal-courts/judicial-administration/administrative-oversight-and-accountability  
Click the link

Administrative Oversight and Accountability

Oversight mechanisms work together to hold judges and judiciary staff responsible for their conduct as government officials and for the management of public resources.

Accountability is a core value of the federal judiciary, as stated in the Strategic Plan for the Federal Judiciary,  encompassing: 

• stringent standards of conduct;
• self-enforcement of legal and ethical rules;
• good stewardship of public funds and property; and
• effective and efficient use of resources.

Federal Judiciary oversight mechanisms deter and prevent fraud, waste, and abuse, and address mistakes should they occur. Oversight mechanisms also promote compliance with ethical, statutory, and regulatory standards. By statute, responsibility for administering the Third Branch rests with the Judicial Conference of the United States, regional circuit judicial councils, the individual courts themselves, and, in specified areas, the director of the Administrative Office of the U.S. Courts (AO). Internal safeguards exist at the local, regional, and national levels to deter waste and wrongdoing, and enable detailed performance assessments.

Mom Investigated for Neglect: “There’s Something Really Wrong”

https://parentalrightsfoundation.org/neglect-dog-walking/

Investigation finds 5 former priests named in grand jury report got state licenses as social workers or counselors

https://www.wtae.com/article/investigation-finds-5-former-priests-named-in-grand-jury-report-got-state-licenses-as-social-workers-or-counselors/22803955

Phila. Family Court Judge Younge Absent From Bench, Replacement Judge Sending Children Back to Parents

https://www.law.com/thelegalintelligencer/2018/05/21/phila-family-court-judge-younge-absent-from-bench-replacement-judge-sending-children-back-to-parents/

More Statistics

Interesting Read: Fix Family Courts

https://www.fixfamilycourts.com/breakthrough-new-book-publicly-shames-judges-and-reveals-the-key-to-proving-the-fourteenth-amendment-applies-to-family-courts

Child Protective Services And Police Interference With Family Relations

file:///C:/Users/Vickie/Downloads/inbound7097864330521717941.pdf

Child Protective Services And Police Interference With
Family Relations: A Constitutional Perspective
By: Michael E. Rosman

Wolf Orders Review of Berks Judge in Childs Death

http://www2.philly.com/philly/news/crime/kayden-mancuso-case-judge-jeffrey-trauger-gov-wolf-judicial-conduct-review-board-20180821.html
Kaydens Story https://www.pennlive.com/daily-buzz/2018/08/pa_girl_7_killed_by_her_dad_am.html


 

Philadelphia Parents Protest CYS

https://whyy.org/segments/philadelphia-parents-separated-from-their-kids-protest-city-state-agencies/

The Duties of the Social Worker

What US Constitutional Rights Do You Have?

The Right to be FREE of Deception in Court

The Constitution Protects the Right of Families

How Child Protective Services Can Skip Due Process

https://talkpoverty.org/2018/08/23/child-protective-services-can-skip-due-process/

Do Not Give Children Voluntarily

The Law Office of Lisa M. Vincent

10 hrs · 

Please...understand that DCF doesn't have the power to "give" your children to anybody. That includes your ex-spouse, your mother or your neighbor. The only person who can "give" DCF the power to make decisions about your children is the Judge. If there is no judge involved then DCF only has the authority that you VOLUNTARILY give to them. Please contact a lawyer before you give your children away voluntarily. There are many lawyers who would be happy to consult with you for a low or no fee. And it is much cheaper to prevent a removal than it is to get kids back.

Separation

http://www.aliainnovations.org/what-drives-us/stories/beyond-four-walls/

Plan of Attack on CYS

1. Create affidavit with facts of what was done wrong to you...... no feelings, just facts.....we will get a format or example of what others have done.. we can also tell about these title IV-E courts making money on the number of dependency cases which removes any judicial power. Its all a group of people with contracts as independent contractors acting like law

2. Send affidavit to man or woman who did you wrong (threatened you to take children if you didnt sign something, told you your kids were wards wothout a trial, brought you into a private court without criminal conviction in a criminal court, forced you tp pick one child to give up to get the others, etc....). All affidavits must be done under penalty of perjury and have the seal of a notary...then go get the notarial certificate to prove notary did what was necessary to have the power to notarize and give the oath.

3. You will be likely ignored, in 30 days whatever you say that is unrebutted because truth and law.

4. File a claim in your local court against the man or woman who is a cps actor.....judge will want to kick it out but cant because the affidavit was ignored.

5. We will want to forward these affidavits to Trump, FBI and DOJ and others....its hard to ignore clean evidence from thousands of people.

Sample of Affadavit  https://lookaside.fbsbx.com/file/AFFIDAVIT.pdf?token=AWzQjggpi28DnVzYOpfuVQ6-dL__KBziR6gES0SDtGALp-io2z676YWvDBX82CvI27ct1gyV9bRkuvZhdiP6K6y-TgGKccPPIEsF7kFJyLHYEGhsDqCuAKJubwTS_7I6UG2ThaQljHAvotnLtLNQpLLC

AFFIDAVIT 

Here comes now Affiant, 

Lisa Floyd, presenting as evidence the following facts. “Children have a Constitutional right to live with their parent's without government interference.” -Brokaw v. Mercer County, 7th Cir. (2000). 

1. I affirm, sworn under penalty of perjury that all of the foregoing is true and correct. 

2. I affirm that I am of lawful age and competent to make this Affidavit. 

3. I hereby affix my own signature to all of the affirmations in this entire document with explicit reservation of all my unalienable rights and my specific common law right not to be bound by any contract or obligation which I have not entered into knowingly, willingly, voluntarily, and without misrepresentation, duress, or coercion. (Pursuant to U.C.C. 1-308/1-103).. 

4. I am the mother of . 

5. On or about February 9th, I met with David Smith to discuss the false claims made against me by my sister-in-law Maria . My children showed no signs of abuse, were healthy and were not in imminent danger. 

6. I showed David Smith text messages which verified the claims made against me by Maria were untrue. Maria claimed I abandoned my children for 7 months prior and she did not know how to contact me. I was David confirmed the following day, on recording and in the presence of myself, my mother, Maria and 2 women working as DCS Supervisors that the report made by Maria was not true. 

7. I showed David Smith my financial statement’s from Grand Canyon University and my W2 which I had just filed. These statements verified my sources of income but David Smith failed to enter this as evidence when filing petition with court. The report claimed I had no income and was unemployed 

8. I presented to David Smith a copy of my children's withdrawal forms from school verifying my children were not out of school for 3 months. David did not acknowledge this in court when filing the petition. 

9. David Smith visited my home immediately after our meeting to take custody of my youngest daughter, because she never went to Maria's home with her sisters and was with me the entire time. He did not wait long enough for me to arrive but he did see I had a house but still entered in the petition that I did not have stable housing. 

10. David Smith did not give me notice of the court date for the first hearing to file the petition to remove my children from my care. My sister-in-law Maria was notified and attended the hearing despite the fact David Smith and his Supervisors had verified she was lying in every claim she had made against me for abandonment and neglect. Without receiving notice, the hearing was held in my absence and it was entered in the report that I had disappeared and had not attempted to contact them which was also a lie. 

11. David Smith did not acknowledge any of my evidence proving the initial report was false. He withheld all my documentations and all of his knowledge of all the lies. He allowed Maria to attend the court hearing to further continue the lies before the judge despite everyone knowing they were not true. I was denied due process of law from the very start and every paper after that was filled with all of this lies as if truth. . 

12. The first court report received was signed by David Smith and not by a Judge. This is fraud against me. My lack of knowledge of the private association which in fact led me to believe they carried competent jurisdiction when in fact they never had jurisdiction from the start and that is a crime of theft of my most valued property, my children. 

Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828): * Under Federal law which is applicable to all states, the U.S. Supreme Court stated that if a court is “without authority​, its judgments and orders are regarded as nullities. 

They are not “voidable”, but simply “void”; and form no bar to a recovery sought, even prior to a reversal in opposition to them. They constitute no justification; and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers​. ” Elliot v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828) 

When rule providing for relief from void judgement is applicable, relief is not discretionary matter, but is mandatory, Estate of Page v. Litzenburg, 825 P.2d. 128, review denied (Ariz.App.Div. 1, 1998). 

Judgments entered where court lacked either subject matter or personal jurisdiction, or that were otherwise entered in violation of due process of law, must be set aside, Orner. V. Shalala, 30 F.3d 1307 (Colo. 1994). Reynolds v. Volunteer State Life Ins. Co., Tex.Civ.App., 80 S.W.2d 1087, 1092. One which from its inception is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind parties or support a right, of no legal force and effect whatever, and incapable of confirmation, ratification, or enforcement in any manner or to any degree. Judgment is a “void judgment” if court that rendered judgment lacked jurisdiction of the subject matter​, or of the parties​, or acted in a manner inconsistent with due process​. 

See Lubben v. Selective Service System Local Bd. No. 27, 453 F.2d 645, 14 A.L.R. Fed. 298 (C.A. 1 Mass. 1972) A void judgment is one which from the beginning was complete nullity and without any legal effect. 

See Hobbs v. U.S. Office of Personnel Management, 485 F.Supp. 456 (M.D. Fla. 1980). Void judgment is one that, from its inception, is complete nullity and without legal effect. 

Holstein v. City of Chicago, 803 F.Supp. 205, reconsideration denied 149 F.R.D. 147, affirmed 29 F.3d 1145 (N.D. Ill. 1992). Void judgment is one where court lacked personal or subject matter jurisdiction or entry of order violated due process, 

Eckel v. MacNeal, 628 N.E.2d 741 (Ill. App.Dist. 1993). Void judgment is one entered by court without jurisdiction of parties or subject matter or that lacks inherent power to make or enter particular order involved; such judgment may be attacked at any time, either directly or collaterally 

People v. Rolland, 581 N.E.2d 907 (Ill.APp. 4 Dist. 1991). Void judgment under federal law is one in which rendering court lacked subject matter jurisdiction over dispute or jurisdiction over parties or acted in manner inconsistent with due process of law or otherwise acted unconstitutionally in entering judgment, U.S.C.A. Const. Amend. 5-Triad Energy Corp. v. McNell, 110 F.R.D. 382 (S.D.N.Y. 1986). Judgment is a void judgment if court that rendered judgment lacked jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent with due process, Fed Rules Civ. Proc., Rule 60(b)(4) , 28 

U.S.C.A.; U.S.C.A. Const Amend. 5. Klugh v. U.S., 620 F.Supp. 892 (D.S.C. 1985). A void judgment is one which, from its inception, was a complete nullity and without legal effect, Rubin v. Johns, 109 F.R.D. 174 (D. Virgin Islands 1985). A void judgment is one which, from its inception, is and forever continues to be absolutely null, without legal efficacy, ineffectual to bind the parties or to support a right, of no legal force and effect whatever, and incapable of enforcement in any manner or to any degree. 

People v. Wade, 506 N.W.2d 954 (Ill. 1987). Void judgment may be defined as one in which rendering court lacked subject matter jurisdiction, lacked personal jurisdiction, or acted in manner inconsistent with due process of law. 

Due process is obstructed when social workers commit fraud on the courts. Authority: N Mariana Islands v. Bowie (9th Cir. 2001) 243 F.3d 1109, 1125.) 

A parent has a clearly established right not to be subjected to deception in the presentation of evidence perpetrated by a child services worker in Juvenile Dependency proceedings. Authority: Marshal v. County of San Diego (2015) 238 Cal.App.4th 1095, 1097. 

The Constitution requires that government officials not misrepresent the facts in order to obtain the removal of a child from his parent(s). Authority: Brokaw v. Mercer County (7th Cir. 2000) 235 F.3d 1000, 1020. 

A parent’s constitutional rights are violated when a social worker obtains a court order through “distortion, misrepresentation and/ot omission.” Authority: Malik v. Arapahoe Cnty. Dep’t of Soc. Servs. (10th Cir. 1999) 101 F.3d 13069 1316 

Unrebutted affidavits are Prima Facie Evidence in the Case,- “United States vs. Kis, 658 F.2d, 526, 536-337 (7th Cir. 1983.). 

“Silence can only be equated with fraud were there is a legal or moral duty to speak, or were an inquiry left unanswered would be intentionally misleading. We cannot condone this behavior. This sort of deception will not be tolerated and if this is routine it should be corrected immediately.”--U.S. v. Tweet, 550 F.2d.297. See also U.S. v. Prudden, 424 F.2d.1022, 1032; Carmine v. Bowen, 64 A.932. 

Verification 

I hereby declare, certify and state, pursuant to the penalties of perjury under the laws of the United States, and by the provisions of 28 USC section 1746 that all of the above and foregoing representations are true and correct to the best of my knowledge, information and belief. Executed in Phoenix, Arizona

 this day of 20 . , 

Lisa Floyd 

Notary On this day of 20 ,, before me , the subscriber, affiant, personally appeared to me known to be the living man described in and who executed the foregoing instrument and sworn before me that he executed the same of his free will act and deed. . . Notary My Commission Expires: .

Law Dictionary

https://www.1215.org/lawnotes/bouvier/bouvier.htm

Ex Parte conferences, hearings or orders denying parental rights or personal liberties are unconstitutional

Ex Parte conferences, hearings or orders denying parental rights or personal liberties are unconstitutional, cannot be enforced, can be set aside in federal court, and can be the basis of suits for money damages. RANKIN V. HOWARD,633 F.2d 844 (1980) GEISINGER V. VOSE, 352 F.Supp. 104 (1972) FUENTES V. SHEVIN, 407 U.S. 67, 92 Ct. 1983, 32 L.Ed. 2d 556 (1972) process service in Family matters must provide due process GRAS V. HEAD, 608 S.Ct. 2d 356 (TX 1980) JUSTICE DELAYED IS JUSTICE DENIED MAGNA CHARTA, Art.40, June 15, 1215. Attorney can be sued for malpractice under consumer protection laws. DeBakey v. Stagg, 605 SWAP 2d 631 (1980). Right to a jury trial in contempt Bloom v. Illinois, 88 S.Ct. 1477 Duncan v. Lousianna, 88 S.Ct. 1444. Contempt of court is quasi-criminal, merits all constitutional protections Ex Parte Davis, 344 SWAP 2d 925 (1976). Laws and court procedures that are "fair on their faces" but administered "with an evil eye and a heavy hand" (discriminatorily) are unconstitutional. Yick v. Hopkins, 118 S.Ct. 356 (1886). Federal Courts can rule on federal claims (constitutional questions) involved in state divorce cases and award money damages for federal torts or in diversity of citizenship cases involving intentional infliction of emotional distress by denial of parental rights, "visitation ", as long as the Federal court is not asked to modify custodial status. Lloyd v. Loeffler, 518 F.Supp 720 (custodial father won $95,000 against parental kidnapping wife.) Fenslage v. Dawkins, 629 F. 2d 1107 ($130,000 damages for parental kidnapping). Kajtazi v. Kajtazi, 488 F.Supp 15 (1976). Spindel v. Spindel, 283 F Supp 797 (1969). HOWARD v. KUNEN, USDC, Mass CA No. 73-3813-G, 12/3/73 (unreported). Schwab v. Hudson, USDC, S.Dist. MI,11/70 (unreported). Norbert v. Thompson, USDC,Colorado (1981). Denman v. Henry, Denman v. Hertz (200 pp. [Had been] avail from Nat Denman for $35-PO Box 689, Falmouth Ma. 02541). Unlawfully retaining noncustodial parent cannot argue change of custody at habeus corpus hearing. Smart v. Cantor, 117 Ariz. 539, 574 P.2d 27 (1977) McNeal v. Mahoney, 117 Ariz. 543, 574 P.2d 31 (1978). A conspirator is responsible for the acts of other conspirators who have left the conspiracy before he joined it, or joined after he left it; statutes of limitations tolled for previous acts when each new act is done. U.S. v. Guest, 86 S.Ct. 1170. Judge's dismissal for no cause is reversible. Forman v. Davis, 371 US 178 (1962).

More Legal Options

https://www.youarelaw.org/void-judgments-and-jurisdiction/

File Your Affadavits NOW!

 https://www.facebook.com/groups/219486385573103  
I Suggest Joining this FB Group

Create A Federal Criminal Complaint - by DLR 1/27/18 version
( A Notorized Document )

This is an Example of a Federal Complaint against an illegal Court Gag Order. The Contents can be changed to handle other Constitutional Rights Violations. More Examples Forthcoming.
____________________

FEDERAL CRIMINAL COMPLAINT

I, ______ _________ am making this Federal Criminal Complaint pursuant to Rule 3 of The Federal Rules of Criminal Procedure.

The accused , ________ ____________ , a family court judge in ___________ County, __________ Violated my Rights under US Code Title 18 Section 242.

In accordance with Federal Law, ______ ____________ should be Indicted and Prosecuted for Committing that Felony.

On ___________ ___ , 2018 ______ ____________ , acting Under Color of Law, issued an Illicit gag order against me. He ordered me not to speak or communicate with anyone, other than my lawyer about my court case. This is a Flagrant Violation of the Right To Free Speech which is Guaranteed to me under the Constitution Of The United States. The First Amendment is a Protected Right under the U.S. Constitution.

I hereby request that the Federal Magistrate Judge, to whom this document has been hand delivered, comply with Rule 3 of the Federal Rules of Criminal Procedure by forthwith issuing a Warrant for the Arrest of ______ ____________ for the aforementioned Felony Committed by ______ ____________ .

Signed ______ ___________

Date _______________

Notorized By ______ ___________

Date _______________

(Page 2)

U.S. Code Title 18 Section 242
Deprivation Of Rights Under Color Of Law

Section 242 of Title 18 makes it a crime for a person acting under color of any law to willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.
For the purpose of Section 242, acts under "color of law" include acts not only done by federal, state, or local officials within their lawful authority, but also acts done beyond the bounds of that official's lawful authority, if the
acts are done while the official is purporting to or pretending to act in the performance of his/her official duties.
Persons acting under color of law within the meaning of this statute include police officers, prisons guards and other law enforcement officials, as well as judges, care providers in public health facilities, and others who are acting as public officials. It is not necessary that the crime be motivated by animus toward the race, color, religion, sex, handicap, familial status or national origin of the victim.
The offense is punishable by a range of imprisonment up to a life term, or the death penalty, depending upon the
circumstances of the crime, and the resulting injury, if any.

The Federal Rules Of Criminal Procedure
a Magistrate Judge is A Federal US District Court Judge for Your State District

Rule 3. The Complaint
The complaint is a written statement of the essential facts constituting the offense charged. Except as provided in Rule
4.1, it must be made under oath before a magistrate judge or, if none is reasonably available, before a state or local
judicial officer.

Rule 4. Arrest Warrant or Summons on a Complaint
(a) Issuance. If the complaint or one or more affidavits filed with the complaint establish probable cause to believe that an
offense has been committed and that the defendant committed it, the judge must issue an arrest warrant to an officer
authorized to execute it. At the request of an attorney for the government, the judge must issue a summons, instead of a
warrant, to a person authorized to serve it. A judge may issue more than one warrant or summons on the same complaint.
If a defendant fails to appear in response to a summons, a judge may, and upon request of an attorney for the
government must, issue a warrant.

(Page 3)

Evidence of Gag Order

(Page 4)

Case Law prohibiting illicit gag orders.

___________________

Notes
==============
Copies of the Notarized Federal Criminal Complaint, with its attachments on pages 2, 3 and 4 should be made for distribution to local and National Family Rights Activists and to any local media reporters who are briefed beforehand, prior to submitting the Federal Criminal Complaint to the Federal Magistrate Judge.

Email: ExecutiveOrderT18S242@gmx.com
- Note if Redaction Can be Made Available
A copy can be sent to this team who will present as a kind of Class Action to the President of the United States with the Presidential Executive Order to Enforce Title 18 Section 242, All Federal Complaints to Magistrates and US Attorney Generals and the Publically Signed Petition with Thousands of Signatures. Together with Local and National Family Rights Activists we will Win our Children Back and Have Constitutional Rights!

Any Judicial Retaliation in any way Should be Used to Create Further Complaints which Can Be Kept Confidential or Private Other Than For Federal Action.

The Family Rights Community should be prepared, ahead of time, to protest in front of the Federal Court House in the event the Federal Magistrate Judge does not issue the warrant as stipulated in Rule 3 of the Federal Rules of Criminal Procedure. If the protest is necessary, it should not be a two-hour event. It should be of days-long duration, during the hours when the courthouse is open.

The form can easily be adjusted to be used if the judge Denied a Jury Trial, in writing, or can otherwise be substantiated in the Complaint.

It would be best to just create two templates, one for illicit gag orders and one for denial of jury trial. The form regarding denial of jury trial would, of course, include the 7th Amendment of the United States Constitution and in the case of North Carolina article 24 or 25 of the North Carolina State Constitution, which states that the right to jury trial is inviolation.

If You Had One of these Attorneys Look into getting Your Case Dismissed

https://www.pennlive.com/news/2018/08/grand_jury_report_attorneys_al.html

Write this Down and Get it on The Record in Court

When you guys are in court at your hearings to throw a BIG WRENCH in their proceedings continuously get on the record stating "I don't understand what's going on here today, I am not in agreement with any of this and I need more time to understand so that I can properly defend these actions against me. I am not seeking for services to be provided, I am being forced to sign contracts that I am not informed on and under threats and duress forced to enter into agreements that I am not comfortable with. Let the record reflect that I am under duress and my Constitutional Rights are being violated by an Agency that I am not interested in being a part of. Any contracts that I have signed should be voided as I was under duress and am presently as well. Let the record also reflect there are several agencies working in collusion to force me to be subjected to their policies which are not LAW and their policies do not apply to me. I motion this court verbally on record to dismiss these actions against me immediately today right now" I want my personal property, my CHILDREN returned immediately! - Write this out on paper and get it on the record!

Child separation issues go well beyond the border

https://www.stltoday.com/opinion/columnists/child-separation-issues-go-well-beyond-the-border/article_216ba7c7-c839-5425-9a33-3916602dbc40.html

TN Attorney Connie Reguli Explaining the Corruption

https://www.facebook.com/connie.reguli/videos/1893318530726732/
Judges, caseworkers and courts will do anything to take your children.  They DO NOT follow the LAW!

Filing a Complaint Against the Judicial Board

File the complaint with the Federal Grand Jury Court.  In that court the judge has NO IMMUNITY!.. File your complaint under Federal Accountability Act.  The judge has one year to answer the complaint.
The Form
http://www.uscfc.uscourts.gov/sites/default/files/15.10.16%20Judicial%20Misconduct%20Complaint%20Form.pdf#overlay-context=Judicial_Misconduct


 http://www.uscourts.gov/about-federal-courts/judicial-administration/administrative-oversight-and-accountability

http://www.uscourts.gov/judges-judgeships/judicial-conduct-disability

http://www.uscfc.uscourts.gov/Judicial_Misconduct

Foster Care, Hamilton and America’s Devolving Compact with Vulnerable People

https://chronicleofsocialchange.org/analysis/foster-care-and-americas-compact-vulnerable-people/31809

Every Family Deserves the Benefit of the Doubt

https://chronicleofsocialchange.org/child-welfare-2/every-family-deserves-the-benefit-of-the-doubt/31835

We Need to Start Impeaching Corrupt Judges by Tim Shilling

If a judge in Pennsylvania is acting in bad behavior he cannot hold office according to the Pennsylvania constitution.

The 11th amendment constitutional right of judicial Immunity is killing this country it is allowing bad judges to commit crimes and get away with it.

Bad judge need to be held accountable this is not happening they should not have a immunity it is quite simple if they follow the Constitution and the law they have nothing to worry about, therefor immunity needs to be stricken.

Why is it the 11th amendment constitutional right to commit crimes overrides the entire constitution.

Wake up Pennsylvania before you find yourself in front of a bad judge and there’s nothing you can do about it.

We find it intolerable that one Constitutional right should have to be surrendered in order to assert another;Simmons v United States,390 U.S.389(1968.

The 11th amendment of the United States Constitution provides immunity to all state entities from federal claims in state court.Alden v Maine,527 U.S.706,754-58(1999);See Also Kincel v Department of transportation.,867 A.2d 758,764(Pa.Cmwlth.2005);Lombardo v Pennsylvania,540 F.3d 190,194-95(3d Cir.2008).

This immunity covers claims brought under 42 U.S.C.1983,1985 and 1986;See Quern v Jordan,440 U.S.332,340(1979);Collins v Sload, 212 Fed.Appx.136,140 n.5(3rd Cir.2007).
So when litigants sue Judges in their respective official capacities only, the claims like in Pennsylvania are really against the court of common pleas when you are suing against a family court Judge. The reason is because a suit against a individual (judge) in his official capacity is actually against the entity he (A judge)is part of.Hafer v Melo,502 U.S.21,26(1991).

The 11th amendment immunizes The court of common pleas because the court is a commonwealth entity.See Pa.Const.Art,V,1,5;42 Pa.C.S.A.102 (Commonwealth government includes the courts);42 Pa.C.S.A.301(4)(stating that the court of common pleas are part of the unified judicial system);See Russo v Allegheny Co.;125 A.3d 113,116-17(Pa.Cmwlth.2015)(holding that court of common pleas our state entities),aff’d,150 A.3d 16(Pa.2016);Chilcott v Erie Co. Domestic Relations,283 Fed.Appx.8,10(3d Cir.2008).

The 11th amendment bars requests for not only monetary relief, but also request for declaratory and injunction relief as well, unless there is an ongoing violation of federal law.See Puerto Rico Aqueduct and Sewer Auth v Metcalf & Eddy,Inc,506 U.S.139,145-46(1993). So in other words if the litigant fails to file on record or in pleadings of the continuous ongoing violations by a Judge; the Judge will be protected by the 11th Amendment Constitutional right of immunity;See Puerto Rico Aqueduct and Sewer Auth.,506 U.S.at 146.

Pay particular attention to this because many Targets have tried to show the truth and now they are bared or gaggle ordered from filing any pleadings on court docket.

This is known to be official oppression and it is a clear violation of due process and equal protection under the law.

This is also a violation of the United States 1 Amendment right to speech and the Pennsylvania 7 Amendment,always remember according to case law you shall not be sanctioned or punished for protecting your constitutional rights.

Pennsylvania has not waived its 11th Amendment immunity;See 42 Pa.C.S.A.8521(b).

When litigants file claims against Judges they are usually solely from the Judges actions and Judges rulings,but according to case law the Judges are judicially immune and bars the claims.

The Judicial immunity doctrine provides protection to judicial officers from both lawsuits and damages for their judicial actions;See Guarrasi v Scott,25 A.3d 394,405 n.11(Pa.Cmwlth.2011)(citing Mireles v Waco,502 U.S.9,11(1991);Beam v Daimler,767 A.2d 585,586(Pa.Super.2001).

Even when determining whether immunity is appropriate against a Judge the fact still remains that it doesn’t matter, because the Judge is allowed to commit grave procedural errors,can act in a informal manner and can have ex parte Communications,the Judge will not be accountable even when actions were unfair or controversial.Gallas v Supreme court of PA.,211 F.3d 760,769(3d Cir 2005). Even when the Judge’s motives are irrelevant to the case immunity applies even if a Judge acted with malice;Guarrasi,25 A.3d At 404 n.11.

The The legislatures and senators can remove bad judge us because they are not allowed to hold term no longer than her good behavior.

Article 1, Section 24; Title and offices; The legislator shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer-term then during good behavior.

Our government must guard against transgression against the people.

Article 1, Section 25; Reservation of powers in people; To guard against transgression of the higher powers which we have delegated, we declare that everything in this article is excepted out of the general powers of government and shall forever remain inviolate.

Judges need to be removed by the people when they are acting badly. And if elected officials refuses to remove a bad judge for their misconduct they to need to be removed because they are not protecting the people.

The Declaration of Independence

We hold that these truths to be self evident, that all men are created equal, that they are empowered by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, depriving their just powers from the consent of the governed;

That whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their safety and happiness. Prudence, indeed, will dictate that governments long establishment should not be changed for light and transient causes; and accordingly all experience hath shewn that mankind are more disposed to suffer, while evils are sufferable then to write themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably The same object evinces a designed to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide new guards for their future security.

Pennsylvania impeachment for Bad Judges in Pennsylvania
Powers and Duties;

Article V, §18(b)(5) of the Constitution provides that, upon the filing of charges
with the court by the Judicial Conduct Board, the court shall promptly schedule a hearing to determine whether a sanction should be imposed against the judicial officer. The Constitution provides that the court shall be a court of record and all proceedings shall be a matter of public record. All hearings shall be public proceedings conducted pursuant to rules adopted by the court and in accordance with the principles of due process and the law of evidence. Parties appearing before the court shall have a right to discovery pursuant to rules adopted by
the court and shall have the right to subpoena witnesses and to compel the production of documents. The charged judicial officer shall be presumed innocent and the Judicial Conduct Board shall have the burden of proving the charges by clear and convincing evidence.

Article V, §18(d)(1) provides that a judicial officer may be suspended, removed from office or otherwise disciplined for conviction of a felony; violation of Section 17 of Article V; misconduct in office; neglect or failure to perform the duties of officeor conduct which prejudices the proper administration of justice or brings the judicial office into disrepute, whether or not the conduct occurred while acting
in a judicial capacity or is prohibited by law; or conduct in violation of a canon
or rule prescribed by the Supreme Court. In the case of a mentally or physically disabled justice, judge or magisterial district judge, the court may enter an order of removal from office, retirement, suspension or other limitations on the activities of the justice or judge as warranted by the record. Upon a final order of the court for suspension without pay or removal, prior to any appeal, the justice or judge shall be suspended or removed from office; and the salary of the justice or judge shall cease from the date of the order.

The Constitutional Amendment, at Article V, §18(d)(2), empowers the Court
of Judicial Discipline to issue an interim order prior to a hearing directing the suspension, with or without pay, of any judicial officer against whom formal charges have been filed with the court by the board, or against whom has been filed an indictment or information charging a felony.

On appeal, as mentioned, the Supreme Court’s review of the decision of the Judicial Inquiry and Review Board has been de novo. The 1993 Amendment imposes a much more narrowly defined scope of review. Article V, §18(c)(2) provides that on appeal the Supreme Court shall review the record of the court as follows: on the law, the scope of review is plenary; on the facts, the scope of review is clearly erroneous; and, as to sanctions, the scope of review is whether the sanctions imposed were lawful. The Supreme Court may revise or reject an order of the court upon a determination that the order did not sustain this standard of review; otherwise, the Supreme Court shall affirm the order of the court.

There appear to be no decisions that interpret the term “reasonable cause.” The Pennsylvania Supreme Court has referred to address as a method of removal only once, in Com. ex rel. Duff v. Keenan, 347
Pa. 574, 33 A.2d 244 (1943). In that case, the attorney general of the Commonwealth filed a petition in mandamus seeking to compel the performance of judges in Westmoreland County who had allegedly failed to issue decisions in a timely manner. In dicta, the court noted that “[a]ny judge who either by his “sale”, his “denial”, or his delay of justice destroys or prejudices a suitor’s rights subjects himself to removal from office under either of the two methods prescribed in Article VI, §4 of the Constitution of 1874. Id. at 583, 33 A.2d at 249.

[2] Former Article V, §3 of the Constitution placed with the Supreme Court the king’s bench powers. See Carpentertown Coal & Coke Co. v. Laird, 360 Pa. 94, 61 A.2d 426 (1948). In that case the Supreme Court noted “[i]nherent in the Court of the King’s Bench, was the power of general superintendency over inferior tribunals ... .”

[3] The legislature retains its authority to remove by the impeachment process, Pa. Const., Article VI, §§4- 6, and the trial courts retain their authority to remove upon conviction of “misbehavior in office or for any infamous crime,” Pa. Const., Article VI, §7.

[4] This is known as a “one-tier” system where all functions are the responsibility of one body.

[5] Brief History of the Formation of the Court of Judicial Discipline 1993 – 1994 is available upon request.

[6]Sometimes, despite the confidentiality of the proceedings, there is speculation in the media that a particular judicial officer is under investigation by the Judicial Conduct Board. In such cases the judicial officer may wish to waive confidentiality and confirm that an investigation is underway in order to publicly confront the speculative reports.

Article VI, Pennsylvania Constitution
Pennsylvania Constitution
Seal of Pennsylvania.svg.png
Preamble
Articles
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • Schedule 1 • Schedule 2
Article VI of the Pennsylvania Constitution is entitled Public Officers and consists of seven sections.

Section 1
Text of Section 1:
Section of Officers Not Otherwise Provided for in Constitution

All officers, whose selection is not provided for in this Constitution, shall be elected or appointed as may be directed by law.

Section 2
Text of Section 2:
Incompatible Offices

No member of Congress from this State, nor any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State to which a salary, fees or perquisites shall be attached. The General Assembly may be law declare what offices are incompatible.

Section 3
Text of Section 3:
Oath of Office

Senators, Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation before a person authorized to administer oaths. "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity." The oath or affirmation shall be administered to a member of the Senate or to a member of the House of Representatives in the hall of the House to which he shall have been elected. Any person refusing to take the oath or affirmation shall forfeit his office.

Section 4
Text of Section 4:
Power of Impeachment

The House of Representatives shall have the sole power of impeachment.

Section 5
Text of Section 5:
Trial of Impeachments

All impeachments shall be tried by the Senate. When sitting for that purpose the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of the members present.

Section 6
Text of Section 6:
Officers Liable to Impeachment

The Governor and all other civil officers shall be liable to impeachment for any misbehavior in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth. The person accused, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

Section 7
Text of Section 7:
Removal of Civil Officers

All civil officers shall hold their offices on the condition that they misbehave themselves well while in office, and shall be removed on conviction of misbehavior in office or of any infamous crime. Appointed civil officers, other than judges of the courts of record, may be removed at the pleasure of the power by which they shall have been appointed. All civil officers elected by the people, except the Governor, the Lieutenant Governor, members of the General Assembly and judges of the courts of record, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate.

Judges Have Taken A Oath Of Office To Uphold And Support The Constitution
When a constitutional violation has occurred a Judge has taken a sworn oath of office to uphold the Constitution(not wage war against the Constitution)this falls under 5 U.S. Subchapter II-3331. Oath of office.An individual. Except the President. Elected or appointed to an office of honor or profit in the civil service or on uniformed services, shall take the following oath;

I AB do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic. That I will bear true Faith and allegiance to the same. That I take this obligation freely, without any mental reservation or purposes of invasion and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

In Pennsylvania JoJos have taken an oath of office pursuant to

CHAPTER 31
SELECTION AND RETENTION OF JUDICIAL OFFICERS
3151. Oath of office.
Each judicial officer shall, before entering on the duties of his office, take and subscribe the following oath or affirmation before a person authorized to administer oaths:

"I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this Commonwealth and that I will discharge the duties of my office with fidelity."
Any person refusing to take the oath or affirmation shall forfeit his office. A judicial officer shall be sworn upon his appointment or election, and after each retention election, and thereafter need not be sworn in any matter referred to him.

A Judge Who Does Not Comply With His Oath Of Office Violates The Constitution
It can be relied upon that any Judge with in the United States, including but not limited to the Commonwealth, who does not fully comply with his or her oath to the United States Constitution (See Article V, 6) Wars against the Constitution and engages in acts that violate the supreme law of the land, the only conclusion to the fact is that he or she has committed an act of treason.

No Judge can violate the Constitution
Cooper v Aaron,358 U.S.1,78 S.Ct.1401(1958) No state legislature or executive or judicial officer can wage war against the constitution without violating his/her undertaking to support it.

Scheuer v Rhodes,416 U.S.232,94 S.Ct.1683,1687 (1974) when a state Officer acts under a state law in a man or violative of the federal Constitution, he comes into conflict with the Superior authority of the Constitution, and he is in that case stripped of his official or representative character and is subjected in his person to the consequences of his individual conduct. The state has no power to impart to him any immunity from responsibility to the supreme authority of the United States.

Judges Shall Not Engage In Any Activity That Is Prohibited By Law Or Violate Any Code Of Canon.

The code shall constitute the canon of judicial ethics referenced in Article V section 17(b) of the Pennsylvania Constitution, which States in pertinent part, Justices and Judges shall not engage in any activity prohibited by the law and shall not violate any canon of legal or judicial ethics prescribed by the Pennsylvania Supreme Court.

Pennsylvania Criminal Codes That Apply To Most Cases When A Judge Is Violating the law.

Theft by way of extortion 18 Pa.C.S.3921, Theft by unlawful taking or disposition and 18 Pa.C.S.3922 theft by deception describes the events that occurred and specifically according to the Pennsylvania statutes under;

18 Pa.C.S.3923 extortion is a theft related offense;(a) offenses defined; A person is guilty if he intentionally obtains or withhold property from another by threatening to;
(4) take or withhold action as an official, or cause an official to take or withhold action.
(6) testify or provide information or withhold testimony or information with respect to the legal claim or defense of another.
(7) inflict any other harm which would not benefit the actor.

18 Pa.C.S.4114 securing execution of documents by deception; A person commits a misdemeanor of the 2nd degree if by deception he causes another to execute any instrument affecting or purporting to affect or likely to affect the pecuniary interest of any person.

18 Pa.C.S. 4702; threatens and other improper influence in official and political matters;(a) offenses defined; A person commits an offense if he:
(1) threatens unlawful harm to any person with intent to influence his decision, opinion, recommendation, vote or other exercise of discretion as a public servant, party official or voter.

18 Pa.C.S. 4703; retaliation for past official action; A person commits a misdemeanor of the 2nd degree if he harms another by any unlawful act in retaliation for anything lawfully done by the latter and the capacity of the of public servant.

18 Pa.C.S.5101 obstructing administration of law or other governmental function; A person commits a misdemeanor of the second degree If he intentionally obstructions, impairs or prevents the administration of the law or other governmental function by force, violence, physical interference or obstruction, breach of official duty, or any other unlawful act, except that there’s section does not apply to flight by a person charged with a crime, refusal to submit to arrest, failure to perform a legal duty und if he intentionally obstructs, impairs or prevents the administration of the law or other governmental function by force, violence, physical interference or obstruction, breach of official duty, or any other unlawful act, except that there’s section does not apply to flight by a person charged with crime, refusal to submit to arrest, failure to perform a legal duty other than an official duty, or any other means of avoiding compliance with law without affirmative interference with governmental functions.

18 Pa.C.S. Crimes and offenses, abusive office section 5301 official oppression; A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity he commits a misdemeanor of the 2nd degree if, knowingly that his conduct is illegal, he;
(1) subjects another to arrest, detention, search, seizure, mistreatment, deposition,assessment, lean or other infringement of personal or property rights;or
(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.

Judges has no immunity when the Judges acts as a trespasser of law.

By law, a judge is a state officer. The judge acts not as a judge, but as a private individual(in his person). When a judge acts as a trespasser of law, when a judge does not follow the law, the judge lose the subject matter jurisdiction and the judge's orders are not voidable but void, and have no legal force or effect. When a state officer acts under a state law in a manner violative of the federal Constitution, he comes into conflict with the superior authority of the constitution, and he is in the case stripped of his official or representative character and his subject it in his person to the consequences of his individual conduct. The state has no power to impair to him any immunity from responsibility to the supreme authority of the United States Scheuer v Rhodes,416 U.S.232,94 S.Ct.1683,1687(1974). Due process is a requirement of the US Constitution. Violation of United States Constitution by a judge deprived that person from acting as a judge under the law. His/Her acting as a private person, and not in the capacity of being a judge and therefore has no jurisdiction.

The 11th Amendment is being used for improper purpose.

The 11th Amendment was not intended to afford Judges freedom from liability in any case where, under color of law.To grant Judges such immunity would be to create a privileged class free from liability from wrongs inflicted or injuries threatened.Public agent must be liable to the law, unless they are not to be put above the law.See Old Colony Trust Co. v Seattle ET Al,271 U.S.426,70 L.Ed.1019,46 S.Ct 522,Supreme Court (1926).

Judge is not immune from criminal sanctions under the civil rights act. State officials such as Judges acting in their official capacity should not be immune.If a Judge is in absence of their lawful authority, generally are held to act under Color of law. This is because such officials are cloak with the authority of state law, which gives them power to Perpetrate The very wrongs that Congress intended section 1983 to prevent. Ex parte Virginia,100 U.S.339,346-347(1979).

Judges are not immune for their non-judicial activities,i.e., activities which are ministerial or administrative in nature. Santiago v City of Philadelphia,435 F.Supp.136(1977).

Judges took an oath of Office to support The Constitution, Judges are Officers of the court that have no immunity when violating a Constitution right.For they are deemed to know the law.Owen v Independence,445 U.S.622(1980).Therefore Judge can be held liable.

We should not, of course, not protect a member of the judiciary who is in fact is guilty of using his power to vent his spleen upon others, or for any other personal motive not connected with the public good.Gregoire v Biddle,177 F.2d 579,581.

When Judges act as if they are above the law and Judge may be punished criminally for willful deprivation of rights on the strength of the title 18 U.S.C.241 and 242.Imbler v Pachtman,422 U.S.409;96 S.Ct.984(1976).

If you have been judicially terrorized and victimized by the court system you would know that the Judges are not being held liable or being punished for their clear misconduct.

West Virginia started impeaching judges for their bad behavior now it’s time for Pennsylvania to do the same.

 Actually I do gather evidence and do an analysis.

That’s exactly what I’m describing up above.

Why should parents have to prosecute crooked judges?

I’ve showed how to impeach a judge in Pennsylvania now it’s up to the Pennsylvania people to decide what they wanna do.

Try to prosecute a judge which may take years of your life thousands of dollars that you don’t have and probably won’t win anyhow.

Force legislation and the senators to start impeaching bad judges it happened in West Virginia,it can start happening around the country.

I’m tired of seeing parents getting destroyed by bad judges they’re losing their children, their property rights and sometimes their lives because of these bad judges that need to be impeached.

The government needs to start doing their job that they was paid for doing in the first place parents should not have to do their job.