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ABA Commission on Mental and Physical Disability Law Newsletters
Summer 2011     Spring 2011     Winter 2011     Fall 2010

ABA Journal  Legal Ethics  Lawyer Acting as Guardian Disbarred for Helping Ward Will $5M Estate to His Wife
Posted Aug 30, 2011 12:51 PM CDT
Despite a hitherto unblemished disciplinary record over a 30-year legal career, a New York attorney appointed as a guardian to an incapacitated person has been disbarred for helping her prepare a will in favor of his wife. full article
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Jessica Gonzales winning decision against the United States in the Inter-American Commission on Human Rights just came down and is a real victory! Her case was effectively an appeal to the International court following Jessica's loss in the U.S. Supreme Court (see, Castle Rock v. Gonzales, 546 U.S. 748 (2005)), which held that the Castle Rock, Colorado police did not have to enforce her order of protection even though the law required them to arrest a violator of an order of protection. As a result her three children were killed. The findings and recommendations are on page 60 and 61 (the last two pages).  full decision

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Historic US Supreme Court Case Sacks v. Sacks ... America's Children Not Protected by the Courts.... 

JUSTICE DENIED FOR AMERICA’S CHILDREN
US Supreme Court denied Sacks v. Sacks 10-1381

           Mothers of America….Beware of the Courts…if you stand up to protect your children….documented evidence shows you will LOSE THEM to the perpetrator…..if you don’t think this can happen to you…read the Petition for Writ of Certiorari attached….and read about this national crisis affecting 58,000 children a  year.                                      

               Sad day for America’s Children and their protective parents…..
so  now we must
all join together to let our voices be heard….
and one day justice will prevail……
 

        On June 27, 2011 the US Supreme Court denied the Petition for Certorari in Sacks v. Sacks Case 10-1381 showing the failure of courts all over the US in protecting our most vulnerable….America’s children.

 

The US Supreme Court in their decision to decline to hear the case, shows there is no justice for our children in the courts of the United States of America. Linda Marie is more determined than ever to expose this national crisis….and is so grateful for all the support from Mothers, advocates and organizations who are part of the solution…..please circulate this Petition for a Writ of Certiorari to everyone….as this cert documents the failure of “official avenues”, courts, judges, police, Dept. of Children and Families, CPT Child Protection Teams, and all of the court appointed Custody Evaluators, Parental Coordinators, to protect our children from documented abuse, and the safe protective parent, will lose all custody, or be placed on supervised visitation, while the perpetrator, named by the child, will receive sole physical custody, regardless of the documented evidence. This is a NATIONAL EPIDEMIC, and this cert shows the documented details of this court ordered child abuse to our children.

 

How can this happen in the United States of America?  One answer is Court Appointed Custody evaluators who provide false and misleading reports to the courts…In the US Supreme Court Case Sacks v. Sacks…Dr. Deborah O. Day, Court Appointed Custody Evaluator from Psychological Affiliates, Winter Park, Florida is quoted in Appendix J1 and states that Linda Marie’s daughter at 8 years old,  “in this examiners opinion she has pediatric bipolar and that negates any child sexual abuse”…..and then she thwarted the investigation by DCF and the police department and failed to protect the minor children. If you know of any Dr. Deborah O. Day cases, please contact Linda Marie, as this is being exposed…more cases are being brought to her attention.

 

One day justice will prevail...thanks to all of the national organizations, Mothers  and advocates who are addressing this crisis. Linda Marie was chosen as the Poster Mother of the Family Court Crisis by the NOW National Organization of Women, and featured in their Spring Newsletter April 2011….www.now.org and click on Spring Newsletter.

 

NATIONAL ORGANIZATION OF WOMEN:  FACTS FOUNDER ADELE GUADALUPE INTERVIEWS LINDA SACKS ABOUT HER CASE

·         Battered Mothers-A Human Rights Issue

May 6, 2011 Press Release: Linda Marie Sacks Filed Today in The US Supreme Court — Historic Moment for all of America’s “Protective Parents”

In domestic law on May 7, 2011 at 5:52 am

May 6, 2011

Press Release

HISTORIC CASE FILED IN THE US SUPREME COURT IN THE US SUPREME COURT IN WASHINGTON DC TODAY

In a landmark case, the Sacks v. Sacks case was accepted today at the US Supreme Court in Washington DC. Linda Marie Sacks, a Florida Mother  hand delivered  her 40 Petition for Certiorari, all wrapped in Red, White, and Blue American Flag ribbon.  She said “This is an historic moment for all of America’s “Protective Parents” and their children who are not being protected by the “official avenues” who are supposed to protect them, judges, police and the Dept. of Family and Children. I am truly the all American Mom, and never did I ever imagine, that I could lose custody of my children for believing them and trying to protect. The Family Court system is giving pedophiles and batterers custody, and the safe, fit “protective parents” rights are terminated, or like me are placed on supervised visitation for years without a case plan or reunification plan”.

She is a pro se litigant, and many years ago was quoted in the Momlogic.com article that she had her sights on the US Supreme Court if the family court did not return her children to her, as they were “legally kidnapped in April 2007 by Judge Shawn L. Briese. His ruling was REVERSED and REMANDED in 08/08 due to her constitutional rights to due process being violated,  but this rare reversal provided no relief as Judge Briese refused to vacate the supervised visitation order or protect the minor children.

The last time a case similar to this was presented was the Wendy Titelman case. Wendy wrote a book titled “A Mothers Journal” Let my Children Go! And it’s all about child placed in the custody of their abusive parent and the failure of Cobb County GA to protect her children. The book is included in the Sacks Cert Petition, on page 38 and it quotes Hon. Sol. Gothard when he says “the problems expressed in Wendy’s book are epidemic and widespread.

These types of case and outcomes are noted by the DOJ, and OVW, as well as national advocates and Mothers all over the US.

Sacks is only allowed to see her children for 2 hours a month at the local visitation center the 2nd and 4th Saturday for 1 hour. This has only amounted to 85 hours in 4years and 4months.

Sacks, is a “squeaky clean”, mom, and before the April 2007 ruling by Judge Briese, she was her daughter’s primary care giver, and a loving caring Mother, as well as their class mom, soccer mom, car pool Mom, community volunteer, with no drugs, no alcohol, no abuse, no infidelity, and she lost physical custody of her children, and all she did was try to protect them. The trial court dismissed, ignored, and suppresses credible evidence of child sexual and physical abuse.

The Fifth District Court of Appeals with Judge Evander, Judge Torpy and Judge Cohen, affirmed Judge Briese’s ruling and now this is an historical case being presented to the US Supreme Court. (meet them at bottom)

READ MORE AND WATCH VIDEOS www.CenterforJudicialExcellence.org     

_________________________________

Meet the judges responsible for the children in this case and some of their outstanding achievements concerning women and children.         

Honorable Judge Torpy: Children’s Advocacy Center, 1998

Honorable Judge Evander: Florida Judicial Ethics Advisory Committee, June, 2007 – Present. Florida Supreme Court Steering Committee on Families and Children in the Court, July, 2002 – June 2005; Florida Supreme Court Children's Improvement Committee, July, 2000 – June, 2001; Governor/Florida Supreme Court Award for Outstanding Child Advocacy (2000).

Honorable Judge Cohen: He has been a member of the Central Florida Woman Lawyers Association since 1988.  

 Judge Shawn L. Briese (the family court judge responsible for this case)

Division 30
125 E. Orange Avenue
Daytona Beach, FL  32114
Phone (386) 257-6090
Fax (386) 248-8145

Judicial Assistant - Michele Westfall

Circuit Judge Shawn L. Briese was elected as a Volusia County Court judge in 1987 and was elected to the circuit bench in 1990. Before becoming a judge, he was an assistant attorney general and assistant state attorney. He earned his undergraduate degree from Florida State University and a juris doctor from Nova Southeastern University. Judge Briese has heard criminal, civil, juvenile dependency (and related delinquency cases) and family cases. He currently hears family cases at the Volusia County Courthouse Annex in Daytona Beach.  

 This was a rare opportunity for the US Justices to review an historical case, which could  have established case law, clearly needed to uphold the constitutional of the United States, for a parent to establish a home, and to the care and custody of their children, and violated in courtrooms all across the U.S.  

The last time a case similar to this was presented to the U.S. Supreme Court was Wendy Titelman’s case. Ms. Titelman’s book, A Mother's Journal Book One: Let my Children Go! details her children’s case in Cobb County, Georgia where her children were placed in the custody of their allegedly abusive parent after the failure of that family court system to protect her children. Ms. Titelman’s book is cited in the Sacks Cert Petition and, on page 38 includes a quote from Hon. Sol Gothard who said,“the problems expressed in Wendy’s book are epidemic and widespread.”  

These cases and outcomes are so widespread, they have gained the attention of our Department of Justice’s Office on Violence Against Women and advocates all over the United States. (Page 12, 13 and 37 of the Cert Petition). 

According to The Leadership Council, 58,000 are court-ordered to live with a sexually or physically abusive parent after a divorce in the U.S. This a “public health crisis” for America’s children.(www.leadershipcouncil.org). This information is included in Ms. Sacks’ petition on page 24.

 The California Protective Parent Association (www.protectiveparent.com) cites case studies showing a clear pattern of similar cases and has asked for Congressional hearings to address this crisis. Sacks petition pages 34-35. 

 Linda Marie Sacks states, “This is an historic case for all of America’s children who are not being protected by the official avenues which were put in place to protect them. I am truly the “All American Mom” and never did I ever imagine, that I could lose custody of my children for believing them and trying to protect them. The family court system is giving pedophiles and batterers custody. Typically, the parental rights of safe and absolutely fit protective parents are being terminated - or like me are placed on supervised visitation for years without a case plan or reunification plan.” 

Please forward to all and thank you for all you do, as YOU are part of the solution to this nationwide crisis. 

Press Contact: 

Kathleen Russell
Executive Director
Center for Judicial Excellence
495 Miller Avenue, Suite 304
Mill Valley, CA 94941
Main 415.388.9600 Fax 415.388.4610
www.CenterforJudicialExcellence.org

 For more information please contact: 

Linda Marie Sacks
386-453-3017
lindamariesacks@aol.com

 

June 7, 2011 
National Disability Rights Network
Baltimore, MD

"When you add up all of these reforms, the Affordable Care Act is the most comprehensive civil rights law for people with disabilities since the Americans with Disabilities Act. It reflects our deep commitment to working toward the day when all Americans who want to live in their community have the freedom to do so."

Read entire speech>>


The Center for Judicial Excellence Will Be on the Dr. Phil Show This Monday Memorial Day!
We just heard from the Dr. Phil Show that an episode that the Center for Judicial Excellence previously taped will air on his show this Monday, May 30! Dr. Phil is in the midst of a series on ending the silence on domestic violence, Monday's show is titled "Ending the Silence on Domestic Violence: Custody Battles." A preview of Monday's show can be found on Dr. Phil's homepage. The show will air at 8:00 p.m. on Monday night in the San Francisco Bay Area. For local listings, please check Dr. Phil's website. This will be the the Center's second appearance on the Dr. Phil Show -- Kathleen was on last year and Stephen Burdo will appear on Monday.

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FBI ALERT!  JURY DUTY SCAM

This has been verified by the FBI (their link is also included below). Please pass this on to everyone in your email address book. It is spreading fast so be prepared should you get this call. Most of us take those summonses for jury duty seriously, but enough people skip out on their civic duty that a new and ominous kind of fraud has surfaced.

The caller claims to be a jury DUTY coordinator. If you protest that you never received a summons for jury duty, the Scammer asks you for your Social Security number and date of birth so he or she can verify the information and cancel the arrest warrant. Give out any of this information and bingo, your identity was just stolen.

The fraud has been reported so far in 11 states, including Oklahoma , Illinois , and Colorado , AZ and more. This (swindle) is particularly insidious because they use intimidation over the phone to try to bully people into giving information by pretending they are with the court system.

The FBI and the federal court system have issued nationwide alerts on their web sites, warning consumers about the fraud.

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FOR IMMEDIATE RELEASE:

May 20, 2011

HISTORIC CASE ON DOCKET IN UNITED STATES SUPREME COURT ON BEHALF OF ALL OF AMERICA’S CHILDREN

US Supreme Court Clerk’s Office says Mothers Pro Se Cert is Perfect

CASE 10-1381

CASE GOING TO THE US SUPREME COURT JUSTICES

Amicus Briefs and Press Needed Please…..

Historic Petition for Certiorari Attached to Press Release

Washington, D.C. May 20, 2011 – On May 6, 2011 a mother from Daytona Beach, Florida, Linda Marie Sacks, walked over to our nation's
highest court and hand delivered forty copies of her Petition for Certiorari – wrapped in red, white, and blue American flag ribbons. The US
Supreme Court Clerk’s office on May 11, 2011 informed Sacks that her Pro Se Cert Petition’s were perfect and complied with all of the
stringent rules of procedure, so next week will go before the US Supreme Court Judges, who will each have an opportunity to read, firsthand
about the crisis in the family court’s for America’s children and their “Protective Parents”.
Full story

 

__________________________________________________________

 

May 5, 2011

FOR IMMEDIATE RELEASE

PRESS CONFERENCE May 6th, 2011 at 12 Noon

Location:

US Supreme Court

One First Street, NE

Washington, DC 20543

Sidewalk in front of the US Supreme Court

HISTORIC US SUPREME COURT CASE

Child Advocates and Legal Scholars are anxiously awaiting the filing of a
Petition for Writ of Certiorari on May 6, 2011 at 12 noon at the US Supreme
Court in Washington, D.C. in the Sacks v. Sacks case.

This truly will be an Historic Day at the US Supreme Court, for America's
children and their "Protective Parents", as this landmark case is being hand
delivered by a Florida Mother and exposes a national crisis all over the US.

The Sacks v. Sacks case is the perfect opportunity for the US Supreme Court
to thoroughly explore and address the issue of Battered Mothers and child
abuse, and their documented evidence of "protective parents" losing custody
and the failure of family courts and Child Protective Services to thoroughly
investigate and handle Domestic Violence, child sexual/and or child physical
abuse cases properly, therefore resulting in a verdict, contrary to the
"bests interests of the child(ren)". full story

_______________________________________________
 

The American Bar Association is offering an excellent opportunity to help law students and law school applicants with disabilities. 

The ABA Section of Legal Education and Admission to the Bar’s (LEAB) Standards Review Committee (SRC) is soliciting comments from
interested parties (for more details, see: http://apps.americanbar.org/legaled/committees/comstandards.html). Comments to SRC are due by mid-July.  SRC will then process the comments and submit its suggestions to LEAB in August. LEAB will then release the proposed changes to the public for another round of comments. Therefore, there will be two bites at this apple. in order to ameliorate the ABA Standards and Rules of Procedure for Approval of Law Schools (Standards). more

_________________________________________________

Department of Justice

Office of Public Affairs

FOR IMMEDIATE RELEASE

Thursday, April 14, 2011

Protecting Our Elders   http://protectingourelders.org/

________________________________________

Court rules for 'little guys' over corporations in two business cases

Tony Mauro  The National Law  Journal l March 22, 2011 

In a pair of business cases decided Tuesday, the U.S. Supreme Court by lopsided majorities ruled in favor of an employee in a wage-and-hours dispute, and in favor of plaintiffs in a securities class action. Corporations lost both cases. 

The rulings, like several in recent months, gave anecdotal ammunition to those who insist the Roberts Court does not deserve its reputation as a reflexively "pro-business" Court. 

In 
Kasten v. Saint-Gobain Performance Plastics Corp., the Court decided that the Fair Labor Standards Act protects from retaliation employees who complain about violations — even when the complaint is oral, not written, and voiced to the employer, not a government agency. And inMatrixx Initiatives v. Siracusano, the justices were unanimous in rejecting drug maker Matrixx's claim that class action plaintiffs had made insufficient pleadings to go forward with their suit. The class asserts Matrixx defrauded investors by issuing misleading information about the possible side effects of Zicam, the cold remedy. 

Within the past month, the Court has issued several similar opinions favoring the "little guy" over corporations in disputes over seat belt safety, workplace discrimination against members of the military, and corporate privacy interests. 

The liberal Constitutional Accountability Center, a leading critic of the Court's pro-business tilt, felt compelled last month to "give credit where credit is due" to Justice Clarence Thomas for a concurring opinion that sided with consumers in allowing state tort suits against automakers. 

In the Kasten case, the Court continued its recent trend of favoring employees in retaliation cases. Justice Stephen Breyer, writing for the majority, went back to the language of the Fair Labor Standards Act and its context when it was passed in 1938 to protect "particularly illiterate, less educated, or overworked workers." Given that background, Breyer reasoned that the law, which bars the firing of anyone who has "filed any complaint" about wage-and-hours violations, was meant to cover oral as well as written complaints. Justice Antonin Scalia, joined by Justice Clarence Thomas, dissented, arguing that the law only protects those who filed complaints with a court or government agency. 

The Matrixx decision was perhaps more surprising, given that the Court has been tightening up pleading standards in recent years to discourage meritless suits against corporations. Its rulings in 
Bell Atlantic v. Twombly and Ashcroft v. Iqbal have fueled much of the criticism that the Roberts Court is unfairly shielding corporations from litigation. 

But Tuesday's decision, authored by Justice Sonia Sotomayor, may represent a step back from the higher pleading standards embraced in 
Twombly and Iqbal. Sotomayor wrote that the plaintiffs in the Zicam class action had "adequately pleaded materiality" to the point that their claim should not have been dismissed at the pleading stage. The class claimed that, through press releases and other statements, the company misled investors in the wake of publicity about cases in which users of the zinc-based Zicam had lost their sense of smell. 

Matrixx asserted that the incidents of loss of smell were insufficient to make a "statistically significant correlation" to Zicam. But the unanimous Court found that statistical significance or insignificance is "not dispositive of every case." The mere existence of so-called "adverse event" reports is not in itself enough to make out a case of securities fraud, Sotomayor wrote, but it can be a factor in the "total mix" of things that would influence a reasonable investor to sell or buy stock. As a result, the class had presented enough evidence to get past the pleading stage, though Sotomayor concluded, "whether respondents can ultimately prove their allegations and establish scienter is an altogether different question." 

The Matrixx ruling was also notable for unanimously upholding a ruling by the U.S. Court of Appeals for the 9th Circuit — a relative rarity. 

So why is the pro-business Court ruling against business so often these days? "Perhaps it's because the Roberts Court is not quite as pro-business as critics make it out to be," said Richard Samp, chief counsel of the Washington Legal Foundation, which frequently advocates for the business side in Supreme Court cases. Samp estimates that, so far this term, the Court has ruled against business more often than in favor — though the Court has so far issued fewer than half of the decisions it will produce this term. 

In 
Kasten and other recent retaliation cases, Samp said, the Court has tended to side with employees mainly because the statutes involved are written explicitly to protect workers from punishment. "They're not pro-business or pro-employee," Samp said of the justices. "They're trying to interpret the statute in front of them." 

Darren Robbins of Robbins Geller Rudman & Dowd, the lead plaintiffs' firm in the Zicam class action, applauded the ruling in 
Matrixx. "I'm not so cynical to think that, notwithstanding certain conservative leanings on the Court, they won't look at the facts of the case." Whatever hostility justices may have had about class actions has "started to fade away" in light of the financial meltdown and its impact on retirees and pension funds, Robbins said. "I can't believe that when justices Alito and Scalia and Roberts look at themselves in the mirror, they are saying, 'I am a pro-business justice.' " 

Doug Kendall of the Constitutional Accountability Center, which has criticized the Court for its rulings that favor Chamber of Commerce positions, said Tuesday, "I'd love to claim that CAC issued a report and the conservatives on the Supreme Court suddenly stopped ruling so much for the Chamber, but that's not the way the world works. We think it's great the Court has been able to reach unanimous decisions in a number of these early cases, but the real test will come later in the term when it takes on issues that have divided the Roberts Court." 

Tony Mauro can be contacted at tmauro@alm.com

____________________________________________________

NEWS RELEASE
NCD #10–611

December 2, 2010
Contact: Mark S. Quigley
mquigley@ncd.gov
202-272-2004

National Council on Disability Partners with U.S. Department of State to Recognize International Day of Persons with Disabilities 

WASHINGTON—The National Council on Disability (NCD) is cosponsoring three panel discussions with the U.S. Department of State in observance of International Day of Persons with Disabilities on December 3. The panels will include discussions on the United Nations Convention on the Rights of Persons with Disabilities (CRPD), violence against women and girls with disabilities, and HIV/AIDS and disability.

 The annual observance of the International Day of Persons with Disabilities on December 3 was established by the International Year for Disabled Persons in 1981. The Day is set aside to promote a better understanding of disability issues with a focus on the rights of people with disabilities and societal gains that come from the integration of people with disabilities in every aspect of the political, social, economic, and cultural life of their communities. The World Programme of Action concerning Disabled Persons developed the goal of full and effective participation of people with disabilities in society and development, which was adopted by the United Nations General Assembly in 1982.
 
”NCD has a long and rich history of involvement with the international community in advocating for the rights of all people with disabilities. We are proud to have worked in collaboration with so many on the United Nations Convention on the Rights of Persons with Disabilities, which was adopted in 2006 and signed by the United States. We must continue to work together to create measurable goals to increase the inclusion of people with disabilities in every corner of the globe,” said Joan Durocher, NCD’s General Counsel and Director of Policy, who presented at the World Standards Cooperation accessibility workshop held recently in Geneva, Switzerland. NCD also participated in the recent meeting of the Global Initiative for Inclusive ICT (G3ICT) forum co-sponsored by the U.S. Department of State and George Washington University, where Ms. Durocher discussed NCD’s upcoming overseas accessibility study, which examines Article 32 of the CRPD and the inclusion of people with disabilities around the world.

According to NCD Chairman Jonathan Young, “We are delighted that this collaboration continues today with NCD participating in the State Department’s observance of International Day of Persons with Disabilities. It is our intention to continue to work with people with disabilities around the world to achieve equal opportunities to better themselves as they live, learn and earn their way to success as they define it.”

 “It is estimated that there are 50 million people with disabilities in the United States and 650 million people with disabilities worldwide. As we celebrate the 20th anniversary of the Americans with Disabilities Act (ADA), we know that our work is far from over. We have made great accomplishments in this country and around the world, but much more needs to be done,” said NCD Executive Director Aaron Bishop.

 NCD is an independent federal agency charged with advising the President, Congress, and other federal officials and entities on all policies, programs, practices and procedures affecting people with disabilities. NCD’s mission is to further the goals enshrined in the ADA of 1990: equality of opportunity, full participation, independent living and economic self-sufficiency for all people with disabilities. NCD also provides technical assistance on disability issues to countries around the world.  

For more information, please contact NCD’s Director of Communications, Mark Quigley, at mquigley@ncd.gov or by telephone at 202-272-2004.

________________________________________

FACT SHEET: Obama Administration Highlights Unprecedented Coordination
across Federal Government to Combat Violence Against Women

As part of ongoing Administration efforts to reduce domestic and sexual abuse, HHS, HUD, DOJ, Treasury, Labor and FDIC announce new initiatives to protect victims of abuse, provide resources to prevent abuse. see fact sheet

The National ADA Symposium

womenslaw.org
The Mission of WomensLaw.org is to provide easy-to-understand legal information and resources to women living with or escaping domestic violence or sexual assault. By reaching out through the Internet, we empower women and girls to lead independent lives, free from abuse...

Issues & Advocacy: Tell the President We Need a Disability Rights Leader like Justice Stevens!  By Robert Poulin
Despite Congress's bipartisan passage in 2008 of the ADA Amendments Act (ADAAA) to restore the law's broad reach after years of hostile court rulings, judges are still getting the ADA wrong - still shutting the courthouse door on people more...

Celebrate the 20th Anniversary of the Americans with Disabilities Act! Join the 2010 by 2010 Campaign!

From AAPD (2.23.10):
Congressional Leadership Join Justice For All Action Network in Commemorating the ADA and Announcing 20th Anniversary Agenda

Face To Face: The Final Take, Justice for All?, Article from The Las Vegas Sun, Nov. 12, 2008,

Ms. Huffer is the first to coin the phrase....  Call it what you will, the syndrome exists...

 

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