Public Lockout: From Deliberations by the Judiciary Committee of the Maine Legislature

All legislative committees are mandated by Maine law to conduct hearings, deliberations, and work sessions in public.

But in a May 19 speech on the Senate floor, state Sen. David Dutremble (D-Biddeford) reported that the Judiciary Committee conducted such business in private over the weekend that started May 8. Its deliberations concerned the reappointment of controversial Judge Jeffrey Moskowitz – the judge who issued an illegal gag order in January – and whose reappointment was opposed by many members of the public.

Maine citizens deserve to know what transpired that weekend with their Judiciary Committee. Did the members, in fact, meet behind closed doors and/or have private conversations in violation of state mandates? A legislative inquiry into the actions of the committee is warranted to protect the interests of the public.

Here’s what is clear: Without a single comment or question, the Judiciary Committee on May 12 unanimously recommended that Moskowitz be reappointed. One by one, each committee member simply voted yes. Those of us who witnessed this were dumbfounded. It left us with the uncomfortable feeling that something was amiss. How was their unified position reached outside of public view?

This spring was the first time in 20 years that judicial reappointments were challenged. And many citizens vehemently and passionately expressed their opposition to Judge Moskowitz, as well as to Judge Patricia Worth before him. In both cases, the Judiciary Committee nevertheless unanimously recommended approval. And at least in the case of Moskowitz, committee members allegedly deliberated outside of the public’s view and earshot.

This is extremely concerning. State mandates requiring the utmost transparency are meant to protect us all.

Input from those who are consumers of the court system – not just lawyers who earn their livings in front of judges – must be heard. People also deserve to know that the systems set up to protect them are working as they’re supposed to. When systems become about protecting themselves instead of the citizens they were designed to protect, the delicate fabric and balance of our constitutional rights is put in jeopardy. Legislative maneuvers that eliminate transparency and thereby remove public oversight are the antithesis of a democratic society.

We urge the Maine Legislature to take action and give the public answers. When asked to explain how his committee could unanimously approve a judge with no public discussion whatsoever, the chair of Judiciary Committee, Sen. David Burns (R-Washington), responded that, “it is unfortunate that some individuals and legislators have tried to impugn the integrity of the committee members.”

Hey, I’m just asking a question! There’s nothing impugning in that. These aren’t lofty, academic issues – of concern to just a fragment of society. They’re the very foundation of public trust. Transparency is the key to a free and just society.

With what’s been publicly asserted, there is a clear need for a formal inquiry into this committee’s "13 yeses" that led to approval of a judge whose illegal order brought disgrace to our state around the globe. Members of the public should be included in this inquiry.

Those who may dismiss this call for investigation, attributing it to “sour grapes” or “angry litigants,” demonstrate a lack of respect for the most essential principles that define our nation. Private meetings and/or private discussions that result in appointing a judge who attempted to abrogate the First Amendment – one of our dearest rights – should be a concern to all of us, not just those who may face this particular judge in court. It is of little comfort that the order was retracted only after the Portland Press Herald defied it.

To date, the president of the Maine Senate, Michael Thibodeau, has failed to respond to requests for a public inquiry about the actions of the Judiciary Committee.

This raises additional concerns. Without a legislative inquiry and report, Maine citizens will be left to wonder if their legislative and judiciary truly are the separate branches of government that are fundamental to freedom and liberty. We need to know what our legislators are doing – and why they’re doing it.

If you agree with me on this, We urge readers to contact their legislator and request an investigation. Let’s just find out what happened.


MeGAL is working to bring about Family Court and Guardian ad litem reform so that those in the future do not have to experience what you experienced in this dysfunctional system. As part of this reform we encourage you to contact your representative to let him/ her know the issues you experienced with Family Court. Please contact us at MeGALalert@gmail.com or find us on Facebook for more information.


Other related posts:
2015-06-03 Public Access: Is the Judiciary Committee Leveling With You?

2015-05-25 Sen David Burns Replies to our Open Letter

2015-05-23 An Open Letter to Judiciary Committee on Confirmation of the Hon Jeffrey Moskowitz

2015-05-19 Senate Confirmation of the Hon. Jeffrey Moskowitz

Sen David Burns Replies to our Open Letter

Within hours of our letter going out to Senator David Burns we received a response back from him. Below is Sen Burn's response:

Dr. Collins,

Thank you for your questions. First and foremost, the Judiciary Chairs follow the Maine Constitution and Joint Rules to conduct the process of reviewing Judicial nominees. As I said on the Senate floor, our Committee listened to a very long and, we feel, fair Committee hearing on Judge Moskowitz, as we do for each nomination. The Chairs did all in our ability and power to give everyone opportunity to be heard on the issue. It is very difficult to be exact on just how much time each speaker gets without rudely cutting someone's time short. I believe that was done fairly, in spite of what some have protested about. Everyone's testimony is equally important. When there is written testimony, we try to keep oral comments as close to the allotted time as possible.

As you know, the Committee had much written comment and materials provided to them before, during and after the Public Hearing. Also, the rules that are set before us, allow for the nominee to have opportunity to respond to testimony given. After the hearing, there was a break where our individual caucuses had an opportunity to talk among themselves, which is consistent with the Legislature's Joint Rules in any issue brought before us. The Chairs were in agreement that a sufficient amount of time was needed for each Committee member to review and consider all that had been provided to them on this issue, before voting. It was also important for any response from the nominee to come forward. For these reasons the Chairs decided that we would hold the vote, as the rules allow, until after the weekend. As you also know, there was a considerable amount of unsolicited e-mails that were circulated to us during that time period. Each of those were provided to the clerk to be made a part of the public record. There were no inappropriate meetings or discussions that took place during that time that the Chairs are aware of. All testimony and written comment that the Committee was provided is public and available for public access.

When we reconvened, the Committee members had each come to their own conclusions of the "fitness" for this nominee to be reappointed and cast their vote accordingly. This is a process that is in place for us to follow and I believe that each Judiciary Committee member takes it very seriously. It is unfortunate that some individuals and legislators have tried to impugn the integrity of the Committee members. Having spent the last, nearly 5 months, with them, I can assure anyone that they are all very committed to fairness, transparency and of the utmost integrity. We all understand that some of the criticism over this "process" and some of the judicial nominees comes as a result of very difficult personal experiences with family courts and none of us minimize the importance of those experiences and the significance of those perspectives. However, some of the slanderous statements that have been made surrounding these proceedings are unconscionable and do not have any place in legitimate and constructive debate and discussion!

Respectively,

David Burns

MeGAL is working on Family Court and Guardian ad litem reform. If you are or have been a consumer of judicial services and have had an issue with the court. We would encourage you to contact us at MeGALalert@gmail.com or find us on Facebook.


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Letter to Sen David Burns may be found here:
2015-05-23 An Open Letter to Judiciary Committee on Confirmation of the Hon Jeffrey Moskowitz

An Open Letter to Judiciary Committee on Confirmation of the Hon Jeffrey Moskowitz

In an effort to have government transparent we are publishing the following letter to Sen David Burns. The letter deals with the confirmation deliberations that the Judicial Committee had over a weekend before a unanimous vote was given. It was emailed to all committee members the Senate President and the Bangor Daily News as well as the Portland Press Herald. We are presenting to you the letter:

May 23, 2015
Senator David Burns
Chair Judiciary Committee

Dear Dave,

I’m writing you as chair of the Judiciary Committee to ask that you help us understand the committee's "deliberations" on the reappointment of Judge Jeffrey Moskowitz. Like many people who followed the May 12 proceedings, I'm puzzled.

What we witnessed that day was the committee entering the hearing room, sitting, and immediately giving a round of 13 "yeses" – with no comment and no questions. It was a stunningly synchronized delivery, and many people are wondering how this degree of orchestration was achieved.

From some of the committee members, we've heard a variety of “explanations” that shed little light on what actually transpired to arrive at a unanimous decision, and Sen. David Dutremble related some of these in his speech from the Senate floor on May 15. The Bangor Daily News and Portland Press Herald both have published several stories on the Moskowitz reappointment, but there clearly is more to this than was reported.

We'd like to understand why you chose not to include the public in your committee's deliberations on this "controversial judge."

I greatly would appreciate a reply. Thank you.

Sincerely,

Jerry Collins

MeGAL supports any effort to bring about Family Court and Guardian ad litem reform. Please contact us if you have had any issues in or with either at MeGALalert@gmail.com or find us on Facebook.

2015-05-23 Sen David Burns reply's - read his response HERE.

Senate Confirmation of the Hon. Jeffrey Moskowitz

In the end the Hon Jeffrey Moskowitz was confirmed. We saw that it was going to happen. That the establishment and big money lawyers were going to ram it down our throats.

The flurry of activity behind the scenes. The letters that all of you who wrote in last minute attempt to sway the Senate to do the right thing - was not in vain.

We were inexperienced and trying to accomplish the impossible with no money or resources. We were up against the legal industry who has all of that.

What is interesting is how the Chair of the Judiciary Committee - Sen Robert Burns viewed the testimony saying that there was a lot of positive testimony for the Judge. Or to quote "Our committee had had overwhelming... supportive testimony" ( 18m37s - LINK). If we relied on this litmus test on whether or not a judge is qualified then the committee charged with vetting is nothing more than a front for who is our most popular judges. At least as far as lawyers are concerned - as consumer opinion is not as highly sought after as that of lawyers.

Sen, David Dutremble should be commended for giving a voice to the parents and consumers of judicial services in this judges court. we have said it before and we will say it again. He is a hero. For standing up for the people of Maine and not bowing to the pressure from the legal industry. We cannot thank him enough for sticking his neck out for us.

MeGAL is advocating for Family Court and Guardian ad litem reform. The confirmation of the Hon Jeffrey Moskowitz  can be heard here. Please allow for loading (or downloading) as the file is 10.9 megs. If you have a story please contact us at MeGALalert@gmail.com or find us on Facebook.

Terry Hayes - LD 47 (HP 42) - An Act To Retain the Position of Parent Coordinator in the Judicial Branch

Thursday, February 21, 2013 1:30 PM, Room 438 State House in Augusta there is an opportunity for the public to let our representatives know your thoughts on continuing the role of Parental Coordinators. The current bill is slated to die on January 1, 2014 and for good reason this role within the Judiciary should be put to death. Consider the following:

1. There is no defined job description for what a Parental Coordinator can and cannot do. There are no limits or boundaries.
2. There are no rules by which a Parental Coordinator operates under or that are tied in with a job description.
3. There is no training that is governed by a job description.
4. There is no complaint process – The divorce industry and Judiciary will point out there have been no complaints against Parental Coordinators. For good reason – because there is no process to do so. We know of at least seven people who would complain against Parental Coordinators today if there was a process.
5. This is another form of Judicial Outsourcing with no oversight or management by those who would be asked to do so.
6. Parental Coordinators have immunity from any wrong doing and this is a problem because they essentially have immunity from everything. The role of Parental Coordinator has no definition as it would have with a job description to show how/ when a Parental Coordinator would and would not have immunity.
7. The Divorce Industry and special interest groups have convinced the courts Parental Coordinators act with neutrality and no bias for the child or parents. No amount of training will make for a totally neutral person. Personal bias will enter into any process and taint any alleged neutrality that one may have. Parental Coordinators will act contrary to their mandate – this is human nature.
8. There is no data to show how many cases current Parental Coordinators are handling and what the optimum case load is.
9. There is no data to show if there are problems and where those problems are – for instance are there certain Parental Coordinators that have complaints against them. Or how many cases are being handled by any given Parental Coordinator.

Given the very real problems that the Judiciary has with its Guardians ad litem it makes little sense to create another role which will have the same issues from the start as Parental Coordinators. One also has to question why an organization such as the Maine Guardian ad Litem Institute (MEGALI) has been so involved with wanting the role of Parental Coordinator to be maintained in light of all of the controversy surrounding Guardians ad litem – which they represent. Is it a coincidence that MEGALI President Toby Hollander and member Tobi Schneider submitted rules for Parental Coordinators this past summer? Was it in anticipation of the bill Rep Terry Hayes (Buckfield) and MEGALI member submitted to retain the role beyond the January 1, 2014 date? We may never know.

The public has an opportunity to put to death a bill that has special interest written all over it. Killing the bill will send the message that the Judiciary and special interest should get its house in order before making any new additions. That any future additions should be well thought out and include input from all interested parties. Not just those who will be enriched by the process.

Please write to the members of the Joint Standing Committee on – Judiciary to let them know how you feel about Parental Coordinators and the undefined, under managed role they play in divorce. This bill was going to die in 2014 – we should let it do just that.

For more information and or support contact us at either MeGALalert@gmail or ParentalCoordinatorAlert@Outlook.com. We can also be found on Facebook or Twitter for more up to date information about what is happening.

A link to the schedule can be found here. A link to the actual bill can be found here.

Judiciary Committee List:

Linda M. Valentino    D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
     senatorvalentino@gmail.com
   
John L. Tuttle Jr.    D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
      SenJohn.Tuttle@legislature.maine.gov
  
David C. Burns        R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
      SenDavid.Burns@legislature.maine.gov
  
Charles R. Priest    D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
     cpriest1@comcast.net    RepCharles.Priest@legislature.maine.gov
  
Kimberly J. Monaghan-Derrig    D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
     kmderrig@maine.rr.com    RepKim.Monaghan-Derrig@legislature.maine.gov
   
Jennifer  DeChant    D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
     dechantforbath@gmail.com    RepJennifer.DeChant@legislature.maine.gov
   
Matthew W. Moonen    D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
     matt.moonen@gmail.com    RepMatt.Moonen@legislature.maine.gov
   
Stephen W. Moriarty    D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
     smoriarty108@aol.com    repsteve.moriarty@legislature.maine.gov
   
Lisa Renee Villa    D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
     Villa98staterep@gmail.com    RepLisa.Villa@legislature.maine.gov
   
Jarrod S. Crockett    R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
     jarrodscrockett@gmail.com    RepJarrod.Crockett@legislature.maine.gov
   
Michael G. Beaulieu    R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
     mike@mikeformaine.org    RepMike.Beaulieu@legislature.maine.gov
   
Anita  Peavey Haskell    R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
      RepAnita.Peaveyhaskell@legislature.maine.gov
   
Stacey K. Guerin    R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
     repguerin@gmail.com    RepStacey.Guerin@legislature.maine.gov
   
Wayne T. Mitchell    D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
     waymitch10@hotmail.com    RepWayne.Mitchell@legislature.maine.gov


Governor Paul LePage

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