Guardians ad Litem (GALs) Vendor Services Survey - Ending 2/15/2017

As part of LD 872 An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine the Judicial Branch was required to survey consumers of their vendors services.

If your case is finished you have an opportunity to take this survey as a way to give the Judicial Branch constructive feedback as to how their GAL vendor did.

The Judicial Branch is requesting parents and attorneys in completed Family Court/ Law and child protection cases to answer a brief survey about the experience with the Guardian ad litem's service.

There are four survey's available. The majority of those reading this blog should take survey two. A link to the main survey page may be found here.

Guardians ad Litem (GALs) Services Survey

If you were a parent who was involved in a family law matter, please complete Survey Two entitled, "Survey of Parents Regarding Guardians ad Litem in Family Law Cases." - Survey Two

The Judicial Branch is supposed to be making a presentation to the Judiciary Committee on 2/15/2017. As part of that presentation we expect that the Judicial Branch will be showing what statistics they have collected on their vendors. The survey is 12 questions in length with opportunity to comment. It is an an anonymous survey.

MeGAL works to educate parents and family members as well as our representatives to the issues that infect our Family Court system. If you have had a problem or feel that something just is not right with your GAL or Judge we encourage you to email us at MeGALalert@gmail.com or find us on Facebook.

Are Our New GAL Rules and Complaint Process Working in Maine?

2016 was the first year that the new rules for Guardians ad litem were in use for consumers. It is also the first full year that these new rules and complaint process was in effect. For those who don't remember the old rules for Guardians ad litem (GAL) consisted of 14 pages of instruction and simply put that if you as a consumer felt a GAL did not follow the rules could file a complaint with the head Judge. The Judge would determine the merit of the complaint based on both sides telling their story and issue a verdict. The model is similar to the complaint process that just about every business in America uses.

Up to 2014/ 2015 there were no successful consumer complaint brought against GALs that resulted in any form of discipline.

The Judicial Branch determined that this old antiquated process needed improvement. In September 2015 the Judicial Branch unveiled their new and improved rules and complaint process. We as consumers now had 78 pages of legalistic rules to go through as part of this improvement. The portion that covered the complaint process alone covered 30 pages. In addition the process for filing a complaint became a multi layered process that is similar to the complaint process used by the Maine Bar.

So what happened last year?

24 Complaints were filed against Guardians ad litem using this new and improved process which resulted in the dismissal of 24 complaints. No GAL was disciplined in any way, shape of form. But it gets even better. As part of the improved complaint process if you as a consumer feel that the GAL Review Board got it wrong - you may seek review by a public member of the GAL Board. While we do not have a number for how many reviews were sought - we can tell you that none were successful.

100% of the complaints filed resulted in 100% being dismissed.

That is an amazing figure when one looks at how the Family Court system is set up - to encourage conflict. It is even more amazing when one experiences the personal bias of a GAL in a system which provides no actual oversight and management of these court vendors. In Maine we are truly blessed with this perfect system.

MeGAL provides support and education to parents, consumers and representatives about the issues which plague our Family Courts. If you would like more information we encourage you to contact us at MeGALalert@gmail.com or find us on Facebook.


For details on what members of the GAL Review Board have done since inception to help better GAL rules and complaint process we present minutes of their meetings:


2015-10-21 Organizational Meeting of the GAL Review Board
2016-01-19 GAL Review Board Meeting
2016-04-25 GAL Review Board Meeting
2016-09-16 GAL Review Board Meeting

Maine's 128 Legislature to Consider Bills Concerning Guardians ad litem

We are aware of three bills concerning Guardians ad litem which will be up for consideration in Maine's 128 legislative session. Currently all we have are the titles of three bills. They are as follows:

Under the heading of Domestic Relations / Child Custody - found in page 90

LR 688 An Act Concerning Guardians ad Litem and Determinations Regarding the Best Interests of a Child in Custodial Relative Caregiver Cases - Rep Picchiotti of Fairfield

Under the heading of Probate / Guardian ad litem - found on page 94

LR 383 An Act To Ensure Complete Investigations by Guardians ad Litem - Rep Picchiotti of Fairfield
LR 1937 An Act To Repeal the Sunset Date on the Children's Guardian ad Litem Law - Rep Moonen of Portland

We have written to both Representatives for a summary of these three bills to help us determine the impact on the consumers of Judicial Services - Maine's Families. More will be forthcoming on these bills,

MeGAL is working to bring about change to the Family Court process in Maine. We do this through the education of Parents and our Representatives of the issues regarding "Family" Courts and the vendors our courts support. If you would like more information we would encourage you to contact us at MeGALalert@gmail.com or find us on Facebook.

http://legislature.maine.gov/uploads/originals/128th-1st-regular-preliminary-list-of-legislator-bills-s-1.pdf

Will Parents (Pro se) Be Given the Same Educational Experiences as Lawyers - We Asked

We have sent several letters to the Judicial Branch regarding the course which was being offered by the York County and Maine Bar to its members. We asked whether or not the Judicial Branch had any plans to give the same type of educational experience to parents ( especially those who are Pro se ) as they would benefit from the wisdom of lawyers, Guardians ad litem and judges who spoke on April 29, 2016.

The Judicial Branch's response follows. Please keep in mind that this is an un-edited version:























The non-response from the Judicial Branch is in itself a response to the concerns that parents - especially those which are Pro se - continue to be discriminated by various forms of legal entities. That we do not deserve the same knowledge as lawyers, Guardians ad litem and Judges.

In 2015 there were an estimated 17,065 parties who found themselves in Family Court as a Pro se lawyer/ litigant. It would be safe to say that almost all of these people would benefit from the same kind of guidance and education that the privileged lawyers and Guardians ad litem received during the educational session. To be able to learn from judges what you need to do to win your case would have been worth the time.

We encourage you to educate our representatives with the experiences you have had in Family Court. A dysfunctional, adversarial system that has in practice no checks and balances. If you would like to become involved or have a story to tell please contact us at MeGALalert@gmail.com or find us on Facebook.

Judicial Branch - Your Complaint has been filed -

The question is will it be filed between "It sucks to be you" and "We really don't care what you think"? Or will they give it the attention you feel it deserves?

In researching complaints and the complaint process you should be aware that very few consumers of judicial services are successful. Out of thousands of complaints that we have seen those who have had any success can be counted on one hand. Set your expectations low – very low.

There are things which you can do to make your complaint stand out and have some bearing on the quality assurance process.

In talking with consumers of judicial services about why there is something wrong with their case I often hear every detail – in detail and how it relates to them. It is like they have a machine gun and just unloaded the clip. They feel the courts should know everything. The courts do not need to be presented with everything. Why? In telling the courts everything you are also showing your hand to the person you are filing the complaint on. In the end you have nothing left to play when it will count.

Keep it short and to the point – you are playing by their rules and it is their game. You need to be able to relate to the way the courts think and talk. Writing a 20 – 30 page complaint about the lies and abuse you went through in story form will fall on deaf ears. I can tell you from personal experience that it is hard to read through and make sense of what someone is complaining about in this format. The first complaint I filed with the judge about the Guardian ad litem (GAL) was in this format. Looking back at what I wrote – it was terrible – even though the points being made were valid then and still are. On the other hand the second complaint to the courts and the one to the licensing board were written in a way that could be understood by the person(s) reading it. It was short – maybe three pages or so and they referenced statutes, laws and/ or rules and why the GAL had malpracticed as it related.

Another issue is a sense of urgency in filing a complaint. Gotta have it in tomorrow! You have time. As the SOS band sang “Take your time do it right”. Time is on your side and use it to your advantage. Write your complaint then return a day or two later – reread it. Read it out loud - you will pick up on awkward lines and thoughts. Have a family member read it or someone you trust. The more eyes that  see it and offer an opinion the better for you in making your complaint understood.

In filing a complaint you are providing the judicial branch the quality control which their system lacks. Keep in mind that there is a high probability that your complaint will go nowhere. With that being said it will be part of the record and can be used at some point in the future when the courts become more consumer oriented as opposed to the current mind set of stakeholder oriented.

One other thing – while we tend to think in terms of our reality – 21st century mindset on consumer issues and relations. Our courts are woefully behind the times lagging behind society by decades and in some cases centuries. It is also a closed group with its own lingo and customs which can be frustrating to no end. Part of their process is keeping issues compartmentalized. Don't. Let others know what it is that you are complaining about. Educate your representatives before filing. Educate your family and friends but do it with grace not as a child. In letting others know what your complaint is about it becomes harder for the courts to sweep the issue under a rug.

MeGAL is a grassroots organization trying to bring sanity to an insane system. We can be reached through email at MeGALalert@gmail.com or finding us on Facebook.

The Judicial Branch replies on the Complaint Process

From: "Mary.Ann Lynch"
Sent: Oct 23, 2015 1:49 PM
To: J & M Coll
Subject: Re: Built-in Structural Problems with Maine Guardian ad litem Board

Thank you for your letter and for  taking the time to share your opinion of the new GAL rules, and the newly appointed Board. As you know there was considerable opportunity for public input to the Supreme Judicial Court before the rules were promulgated. The new rules contain provisions for recusal and disqualification, to which the members will need to comply.

I am not going to respond to your questions because they are better addressed to the members of the board to whom you are raising issues of conflict of interest.  The members of the board, working with the board staff​, ​are in the best position to respond to claims of actual or potential conflicts of interest.​ I am sure they will comply with all the rules of the new process, including the rules governing recusal and disqualification.  ​


Mary Ann Lynch, Esq.
Government and Media Counsel
Administrative Office of the Courts
Maine Judicial branch
P.O. Box 4820
Portland, ME 04112

If you are interested in reading our letter to the Judicial Branch please click on this link.

Equal Access to Justice - Not as a Pro se litigant

In June of this year we wrote to the US Department of Justice regarding issues surrounding Pro se representation. Part of the issues a Pro se litigant has to deal with is the denial of equal rights and access to Justice. In Maine, Connecticut and New York the Pro se litigant makes up 74% or greater of the cases in court. In over 80% of these cases the Pro se litigant is up against a lawyer. Below is our letter to the Justice Department:


US Department of Justice
Civil Rights Division
950 Pennsylvania Ave, NW
Washington. DC 20530

To Whom It May Concern:

Subject: Civil Rights Complaint: 74% of Maine Family Court Users, Who are 'Pro se' Are Denied Equal Rights in Family Courts.

In Maine 74% of people in family courts are 'Pro se'. This amazing statistic comes from a personal communication from Maine's Chief Justice, and it has appeared in an essay by an Associate Chief Justice in the Portland Press Herald. There is also the statistic that in 86% of cases in family court there is only one lawyer. These limited numbers alone raise questions about whether equal justice is possible when a 'pro se' litigant is opposed by a lawyer.

Attempts to seek corrective action in discussion with leaders in the Maine Judicial Branch have gone nowhere.  Likewise, an attempt to obtain a legislative audit (see below) have been defeated, largely because of oppositional lobbying from the bar and the Judicial Branch. I am enclosing the content of the proposed bill, which aimed at obtaining further data about the nature of the 'Pro se' problem in Maine, so as to be able to move forward with rational planning to address the problem. It gives the gist of the civil rights problem in a nutshell. See below:

LD 953 An Act to Improve the Court Experience of 'Pro se' Litigants

Senator Burns, Representative Hobbins, members of the Judiciary Committee

It is a pleasure to endorse Rep Seavey's bill, LD 953, An Act to Improve the Court Experience of 'Pro se' Litigants. From my perspective as a member of Maine Guardian ad litem Alert, LD 953 is our most important piece of legislation this year. It calls for a legislative study, what one might call an audit, of the 'Pro se' experience of justice in one or more Maine family courts. The title of the bill calls for "an improvement of the court experience" of 'Pro' se litigants. But before we can "improve", we need to know "what exactly is that experience?"

We don't really know. Apart from the eye-popping statistic that 74% of litigants in family courts, we know almost nothing. I don't know, Mary Ann Lynch, Judicial Branch spokeswoman, doesn't know. The Chief Justice doesn't know. And ... most important - you as members of a legislative committee charged with constitutional "oversight of the Judiciary" don't know and need to know. You can't do "oversight" of any problem without knowing the nature of the problem and this requires data to work with.

Although the Judicial Branch will claim to be moving on the 74% 'pro se' problem, and though Justice Andrew Mead has had a committee working on the problem for a couple of years, these operations affecting the 74% majority users of family courts are not open to the public. Their deliberations are conducted out of public view. The from what we have learned, the committee aims to:

(a) raise money from lawyer donations to pay for legal services for some of the 74% 'Pro se' group,
(b) ask the bar to do more 'pro bono publico' work for the 74% 'Pro se' group,
(c) allow clerks in various courts to assist 'pro se' clients with paper work,
(d) ask judges to be more "user friendly" to 'Pro se' litigants and stop saying, "Don't come back to this court without a lawyer!" All of these efforts are fighting an ill-defined, gargantuan task with a "peashooter"! They are solving a problem with no data, no definition of the nature of the problem. From the feedback we get from our friends, these efforts are a well-intended, unsystematic, disorganized, "drop in the bucket". Normative family court pronouncements, coming from the Judicial Branch, continue to be written for lawyers. Shall we say, "Oops ... we forgot that only 26% represented by lawyers." The Norm, the usual, the average, the typical is 74% 'Pro se'.

The Judicial Branch is attempting to solve the 'pro se' problem, before they know the nature of the problem. They are posing unsystematic solutions for an unknown clientele, without involving this clientele in the solutions. Part of the problem in understanding the 74% 'Pro se' client is that the Judicial Branch has no electronic data that might shed light on these clients, so solutions are, of necessity, a "short in the dark", guess work, lacking an intervention model that fits the situation, driving blind. The Judicial Branch is not in the habit of conducting surveys or studies. The preferred approach is to assemble "stakeholders", to debate and recommend answers. Typically, "stakeholders" are politically powerful members of the "divorce industry", lawyers, judges at various levels, Guardians ad litem, who have a personal/professional stake in the answers. It is the "foxes" assessing the problems and needs of the "chickens in the hen-house"!

QUESTIONS IN NEED OF ANSWERS FOR CORRECTIVE ACTION:

1. What are the demographics of the 74% 'Pro se' group? What is the gender spread? Socioeconomic levels? Education levels? Immigrants? Linguistically handicapped? Disabled?

2. What are the decisional outcomes of the 74% 'pro se' court experience? Do cases go well for the 'Pro se' litigant? How do 'Pro se' litigants evaluate their experience as consumers of family court service? What services or supports do they feel would have helped them?

3. What do lawyers, judges and GAL think about the 'Pro se' problem? Do they see it as the norm in family court or as the exception? How have they (or haven't they) adapted formal procedure to untrained litigants?

4. The 'Pro se' trajectory: How many people start as 'Pro se'? How many move to "Pro se' after they run out of money? How much money has the average 'Pro se' litigant spent before they decide to go 'Pro se'? What is the impact on 'Pro se' litigants previous experience on their savings, retirement, mortgages, college funds, family borrowing, other forms of borrowing?

5. How much time from work, vacation time, sick time, etc. must 'Pro se' litigants take to handle appearances in court and administrative activities normally handled by a lawyer? Employment consequences?

6. How do courts handle the 74% 'Pro se' litigant's lack of knowledge of courtroom procedure, rules of evidence, cross examination techniques, non-compliance with various professional protocols? Are 'Pro se' litigants treated as lawyers or as parties? Are there standards for 'Pro se' in court? What impact has the huge number of 'Pro se' litigants had on family courts? Can family courts still be considered "courts" when the participation of litigants is so unequal, uneven and out of keeping with courtroom standards and protocols?

7. 'Pro se' appeals to the Supreme Court: how many? Do they get help? What if their brief is not up to legal standards? Can a 'Pro se' simply do his/her own thing in forming a brief, or must they try to be a "junior, untrained lawyer?

The above questions are just a limited sample of things one needs to know in advance of rational frugal goal-oriented problem solving. The answers to these questions might guide planners in developing a rational plan to correct and reform family courts and address the 74% 'Pro se' problem. Family courts, in our view, are in a state of 'free fall" at the moment. Just the limited facts we have give us a "peek" into a what is a "court" in name only. 74% 'Pro se' and getting bigger. No demographic or statistical or geographic spread data to work or plan with. No standards for the 'Pro se' litigant that recognize their non-professional status and their need for tools and assistance in the name of justice. . No idea of who these people are and no idea about what might help them in their advocacy. Current Judicial Branch planning is not data based, not reality based, not consumer based. It is prescribing for others without knowing them. From our direct, personal experience, Clerks of courts give the behavioral message; they are not sure how to deal with 'Pro se' litigants and whether the 74% majority should get service priority or the priority is to serve the 26% real lawyers. They are wary of helping the 'Pro se' litigants with forms (it might be misconstrued as "legal help"). They are inconsistent from court to court in their explanations and directions. Their inconsistency leads to confusion, duplication and time consuming errors. Time consuming errors are "time off from work" for a 'Pro se ' litigant- no billable hours for a lawyer! It is as simple as that.

Finally there are the heartbreaking stories of the human wreckage of 'Pro se' litigants caused by Maine's family courts with no supervision, no oversight, no management. It cries for an audit or whatever you choose to call an assessment of this very broken system. Should it be repaired, or should it be terminated or will it simply "crash and burn on its own, if no action is taken?

We ask that the US Department of Justice, Civil Rights Division help the 'Pro se'  citizens of Maine, who cannot obtain equal justice when they go to court on their own and "unarmed" with the "tools" of lawyers.

MeGAL is working to bring reform to the Family Court system. If you have had issues in Family Court we encourage you to reach out to us. We may be found on Facebook or via email at megalalert@gmail.com.

Is the Re-appointment Process of Judges Broken - the Endorsement of the Hon Patricia Worth

On Thursday March 19, 2015 was a moment of truth at the re-appointment hearing for the Hon Patricia Worth. A gang of lawyers, a representative of the bar, a judge and the head of the Judicial re-appointment committee came to give testimony about Judge Worth - which was glowing. Stating that we are lucky in this state to have such a judge, that this judge is caring about the clients before her, helping those who are Prose and involved in the community. If the testimony stopped there (and quite often it does), one would come away from the hearing that there is nothing wrong with our judges in this state. Classic lawyer references of another lawyer

But these fawning views are out of touch with reality in our Family Courts and courts in general.

A unique and quite different "reality check" was offered by several parents and concerned citizens. They did something that was previously unthinkable. These parents and citizens stood before the States Judiciary Committee, a room full of lawyers and judges and told true, personal stories of Judicial abuse which was inflicted and suffered in the Judge Worth Family Court.

These parents and citizens who went before the Judicial Committee were scared, upset, concerned and outnumbered by those testifying from the legal profession. They were in a personally uncomfortable position but had the strength to stand up and let the committee know - their elected Representatives - that there is a problem. A BIG problem that has been festering for years which needs to be addressed.

Their testimony touched all listeners, as they presented the human face of parents ripped away from their children. Stripped financially. Emotions drained by the process that a judge put them through.

Are our Family Courts there to inflict punishment on good parents? In the Worth Court one would think that is the case where good solid parents are prevented from having a relationship with their children. Supervised visits are common, testing, screening and various questionable courses with no end in sight. No goal for outcome - but there is always a carrot being dangled in front of their faces to keep them hoping, keep them hooked. These parents would be better served by Child Protective - because the worse of abusers has a goal. Not in this court.

How many lawyers came out to testify that there might be a problem with this court? By our count not one. You see there is a disincentive to tell the truth when the committee is collecting testimony. As a lawyer working in Hon Patricia Worth's court, if I speak ill of her performance and behavior I put my professional career at risk. I put my family's financial lives at risk. Because now the Judge can pay back my testimonial truth in unfavorable judgements.  Or… engineer a 'Sua sonte' complaint with the Overseers of the Bar against me.

These parents and concerned citizens took a risk. You can also. It you have been hurt by the Family Court process. By a Guardian ad litem. Speak up and let your representatives know what you went through. Rock the boat and educate those around you. If you remain silent - change will never come. You can bet the other side is talking. Support Family Court reform. Contact us at MeGALalert@gmail.com - find us on Facebook or call/text 207-370-9801

Provided here is some of the testimony given by concerned citizens and parents:

Dr Jerome A Collins - Audio

Kirk Thomas - Audio

Laurie Ryan - Audio

Christie Griffin - Audio

Christie Starett - Audio

Please note that some of these files are large and may take some time to load in your browser. If you would like a copy of the audio please feel free to download or email us requesting a copy.

Bullying Judges - Affects Lives

Does this title sound like preposterous, science fiction fantasy? The very idea of anyone bullying a stern, sober, black-robed judge, sitting high on the bench of a district court room sounds like one, huge stretch, but consider the dynamics. Judges by and large work continually with the same group of courthouse lawyers, and see them individually on a frequent, regular basis. Any judge is outnumbered by the collectivity of lawyers who regularly use his/her court. Every profession has its grape-vine, its politics, its activists. Add to this scenario the fact that the bar-bench relationship in any district is almost totally below the public radar. No one knows the group dynamics of this very closed legal system. What happens when a strongly political, very vocal, well-placed, local lawyer is unhappy with his/her handling by a judge - or wants special treatment or advantage? Conversations with friends, comparing notes, disenchantment, anger enhancement, and, EUREKA: an out of sight, bar-bench campaign in which any judge will be outnumbered, out-gunned. These putative dynamics are just part of a conceptual skeletal sketch of potential bar-bench dynamics. Obviously, there may be endless variations on the theme, ranging from mild group pressure, to lobbying for different issues, to polite disputes, to warfare and gang mind rape. To campaigns: GET RID OF THIS JUDGE - TOO INDEPENDENT!  or ...KEEP THIS JUDGE, HE/SHE IS OBSEQUIOUS TO OUR INTERESTS!

Lest anyone think we have gone off the deep end and lead a rich fantasy life, we have to admit that we were totally numb to the possibility of the above dynamics, until we heard stories from several "reliable sources" who have witnessed variations on this bar-bench power dynamic. It speaks to many concerns that we have witnessed. Why do local lawyers so frequently win over visiting lawyers? Why do local lawyers rarely get a reprimand from a presiding judge for bad courtroom behavior?  Why do certain, very politically well connected lawyers so frequently get their way in court? We suspect that this bench-bar dynamic may be more pronounced in a small town setting where professional boundaries and friendships may render boundaries more difficult to maintain. It shed light on the 'Pro se' situation too. 'Pro se' versus local lawyer. No contest here for the most part. The dynamic favors lawyers

The bar-bench dynamic may explain some of the weird, off the wall  judicial decisions that we, as consumers experience. Failure to listen to professional consultants, acceptance of fraudulent allegations of abuse that fly in the face of facts, tossing evidence out the window and operating on judicial opinion and using judicial discretion on "steroids". When judges get bullied by members of a mafiaesque bar, justice suffers and consumers are victimized..

It is particularly troubling, therefore, to see calls for a "closer bar-bench" relationship in writings posted on the Judicial Branch web site.  Some would say, if this relationship were any closer,in some cases it would result in mind-body fusion! Where are the degrees of separation? Boundaries? Impartiality? Discretion? One suspects that all of these principles get tested, prodded and (sometimes) hammered.

An audit of courts and 'Pro se' might shed light on some of this. But then one needs to think about how to manage this unhealthy bar-bench system? Further study is obviously needed before prescribing any action. But there are concepts from other professional systems that might be considered. Rotation of judges from court to court to break up entrenched dynamics? R & R for judges stuck in these bar-bench trenches. A support system for judges to discuss local bar pressures and outright bullying. 'Sua sponte' complaints to the overseers of the bar against lawyers who "bully". Encouraging the public to attend bar-bench meetings and keep the process honest. Or ... totally out of the box, what about an Overseers of the 'Pro se', for the 74% majority who use family courts?


Sorry, on that last one, but we couldn't resist!

The current process needs the light of day, the fresh air of public observation and opinion and a deconstruction of these "systems".

MeGAL is a grassroots organization committed to bringing reform to our Family Courts and Guardians ad litem systems. Please contact us at MeGALalert@gmail.com of find us on Facebook.

Did the Maine Supreme Court Make the Right Decision to Terminate Parental Rights?

The headline that the Maine Supreme Court upheld the termination of parental rights of a man who killed two in front of his son.

The father killed the mother of his children and a friend back on July 25, 2011. After the killing the father led police on a high speed chase. The oldest son who witnessed and testified - suffered greatly. The fathers parental rights were terminated back in 2013 to which the father was appealing the decision.

While we do not always agree with the court in decisions and policy - we believe they are correct in upholding the earlier decision. For more details on the story please follow this link to the article in Bangor Daily News.

Please contact us at MeGALalert@gmail or call 207-370-9801 for issues dealing with Family Court and Guardian ad litem reform. Find us on Facebook.

Family Court , 'Quo Vadis? "improvement, reform or implosion"?

As we observe the big picture of Maine’s Family Courts, we sense that  our family courts appear to be slowly imploding. It is not a visibly dramatic happening that grabs public attention. It is largely unnoticed and unrecognized symptoms of decay from within. This process of decline is unnoticed, except, perhaps, by those who pass through the family court experience , and many of these victims are so wounded by the experience that it is hard for them to view the experience in a larger perspective. It is frequently hard for all of the active players - judges, lawyers and users - to "see the woods for the trees"! Let us consider a few of the amazing "systems changes" that are progressing, unnoticed, and that are, like termites, silently eating the structure of family courts from within.

“THE "TERMITES":  From our perspective, serious structural damage to family courts is being caused by the seemingly inexorable growth of 'pro se'  (self) representation in family courts. This phenomenon is occurring, not just in Maine, but in every state in America. In Maine, the figure for 'pro se' representation in family courts is reported to be a startling 74% and growing. There is also the eye-popping figure of 86% of family court cases, which have only ONE lawyer. The figures for 'pro se' representation, we might add, are even higher in Connecticut and NY. One has to ask, what is the impact of this amazing growth of self-representation on the family court system, on normal, professionally guided and determined family court proceedings? What happens to a professional legal system, with long traditions and well-established protocols for inter-professional relations, with a focus on complex, human problem solving, When one of the two "players" in these contests is underrepresented and completely  ignorant of how to function in the well-structured, traditional setting? General systems theory would suggest chaos and profound, unprogrammed, unintended changes in the way the system functions. Well-intended attempts to patch the traditional 'status quo' models, further change the original system and bring with them further unintended consequences. The working system is not as it was - try as it may. Some call it broken. The ‘pro se’ “trend is not its friend”!

WHAT HAPPENS IN THE SYSTEM?: With the invasion of 'pro se' litigants in family courts, desperate, frightened people with no knowledge or skill in the law and its traditions, turn the courtroom into a scene of confusion, stress, emotional pain and misunderstanding. Judges struggle mightily with "judicial impartiality" in dealing with the 'pro se' litigant. To help, or not to help - and how to do so without unbalancing fairness and throwing impartiality to the winds. How can a judge - without guidelines or traditions for handling this invasion of amateurs - try to maintain a degree of balance and proportion in a situation in which the combatants/ competitors are so unevenly matched? The 'pro se' litigant is always anxious, frequently frightened (or terrified) by the utterly unfamiliar environment, by the task of hoping to rescue a beloved child and by the daunting tensions of the contest. It is a forced visit to a very "foreign country" with unfamiliar rules, language and procedures. How to cross examine, what are rules of evidence and, then, there are all too frequently the "objections" raised at every turn by an opposing lawyer. What do they mean to a 'pro se' litigant? How should they be handled by the litigant and/or by the judge? Can an "impartial" judge help a baffled 'pro se' litigant deal with “objections”? Some judges do try to offer help and to be kind without violating impartiality, but it poses serious challenges to all of the "players". There are also a number of very troubling reports that some judges are rude and vent frustration with the ineptitude of 'pro se' litigants. "Don't come back to this court unless you have a lawyer!" has been the dictum of several judges. We’d say, there is a crying need for data to measure the scope of the problems? Then, one can address the second issue: how does one correct this total systems problem?

We'd answer those judges, who resist dealing with the legally unrepresented, by saying that no one in their right mind would undertake the personal stress and misery of 'pro se', unless motivated by great love for their children and financial hardship! The 'pro se' situation is never a happy choice for anyone, and no one decides to go 'pro se' unless they are utterly desperate! There is also the important question of "outcome"? Who wins  in these uneven combat situations? No one has answers to this question, but we are inclined to say, "Three guesses and the first two don't count!”  However ... there is a crying need for actual data to move the conversation beyond anecdotes.

PRESERVING FAMILY COURTS FOR THE SHRINKING 26% WHO HAVE (MONEY) LAWYERS: Apart from the 74% 'pro se' litigants without lawyers, one should also consider the remaining 26% who have lawyers. One might in all honesty say that the expensive Maine family courts are being maintained for this affluent  minority and (more importantly) their lawyers. As an arena for a few lawyers (and the associated apparatus of consultants and GALs), the whole operation has become known by the public (countrywide), as the divorce industry. Should family courts and their whole expensive apparatus be maintained at public expense for a 26% minority of litigants and the juicy financial interests of  "the divorce bar"?

AS NEWS ABOUT THE 'PRO SE' DISASTER ESCAPES THE SYSTEM: In this age of the Internet, the public learns quickly about the unhappy state of affairs of 'pro se' litigants in family court. Paradoxically, in many cases, the public may well know more than members of the Judicial Branch who are tightly isolated from news of serious malfunctioning, cruelty. Bad management and unintended harm to children by omnipresent, "due process" concerns.  The public, in all likelihood, knows more about specific courts and specific judges and lawyers than does the Chief Justice. But... the bad stories, once out, cannot be controlled or suppressed. It causes severe damage to the credibility of the courts. The mechanisms of channeling public complaints about the distressing dysfunctions within the system are not user-friendly, are very expensive and in terms of corrective outcome ineffective. But the complaints and the "scandals" cannot be stopped by a protective system and an ineffective complaint protocol. They spread out like an Internet miasma from Ft Kent to Kittery, from Maine to California. They give the family courts and their entire operation a very black eye. It is very reminiscent of the recent scandals in another very closed system, the Catholic Church. Old methods and techniques of suppressing bad news, bad results and bad people don't work. The old system is badly broken and out of control, and the target symptom of this malaise can be seen most clearly in the 'pro se' situation.

HOW TO ADDRESS THE PROBLEM - FROM WITHIN OR FROM WITHOUT? It is our strong impression that without some thoughtfully programmed intervention, a growing 'pro se' situation in family courts will lead to a massive major breakdown of these courts in concert with widespread, public, bad feeling spiraling out of control. It will be impossible to control this tsunami of bad handling of 'pro se' cases. As social media become increasingly aware, the courts will face increasing disrespect and a lack of public support. It is truly a simple question of "fix it, or it will fix you!" In our opinion, the usual Judicial Branch problem solvers, the "stake holders" are the wrong group to fix the problem. They are the 26% who benefit financially from the current  'status quo' of family courts. There is also the serious hard data problem. Nobody knows the full extent of the 'pro se' problem. It is impossible to formulate a fully rational, systemic, corrective intervention without data. Clearly, the definition of systemic data needs (and subsequent data collection and analysis) is not a task within the capability of a "stake holder's" committee.

We'd recommend a legislative audit of the 'pro se' problem, executed by a respected government agency with the capability of doing this. OPEGA comes to mind. The aim is not to embarrass or cause pain to anyone. It is to obtain an objective analysis of the 'pro se' system and to suggest  comprehensive systemic corrections. With sponsorship from all three branches of government, it would be to the credit of all to face a terrible problem with courage and intelligence.

For more information about what we are doing to change the Family Court system find us on Facebook or email us at MeGALalert@gmail.com

Lawyers, Divorce Industry Like Mike - Should You?

We try to stay clear of partisan politics. After all, children's welfare in divorce and custody shouldn't be a partisan issue. So we try to remain "non-partisan",

BUT ...

Quite frankly, from the perspective of our Family Court, and Guardian ad litem (GAL) reform concerns, we "Don't like Mike" - that is Mike Michaud, one of ( 3 ) candidates running for Governor of Maine. In fact we would say to our GAL and Family Court reform friends, "Vote for anyone else for Governor, but not Mike!"

It's nothing personal, Mike, its your "special interest" lawyer friends, supporters and the fundraisers who we don't like! It is Maine's divorce industry that is "hell bent for election," divorce bar lawyers raising money for "Mike" like it is going out of style and the other, so - called "impartial" divorce industry people silently cheering for "Mike". They are hoping that he wins and that his gratitude for their support will preserve the very lucrative 'status quo' in our creaky, old, dysfunctional, Family Courts.

ASK YOURSELF - WHY DOES THE DIVORCE INDUSTRY SO AVIDLY SUPPORT MIKE MICHAUD? Why are lawyers, law firms and the judicial branch supporting Mike? The financial investment they are making in Mike Michaud is an investment in keeping the family court as we know it. It is an investment in their retirements, their children's education and their way of life.

Take a look at some of Mikes supporters:

Michael Asen Esq (MittelAsen) - has helped fund raise for Mike on several occasions - 07/25/2014; 08/11/2014; 08/14/2014;

Michael Asen Esq has also been quoted by the Portland Press Herald as saying “My highest priority is making sure we don’t have another four years of this governor.” in an August 12, 2014 posting and referring to Gov. Paul LePage. Remember Gov. Paul LePage signed the Dutremble bill LD 872 "An Act To Improve the Quality of Guardian ad Litem Services for the Children and Families of Maine" which the Judicial Branch hated as did lawyers and Guardians ad litem. Michael Asen Esq is also the chair of fund raising for Maine lawyers who like "Mike".

Diane Dusini Esq (MittelAsen) - has helped raise money for Mike on at least one occasion - 08/11/2014. It should be noted that is also the President of the Maine Bar.

Stephanie Cotsirilos - former Wall Street Lawyer - has helped raise money for Mike Michaud - 08/11/2014.

Robert Gips Esq (DrummondWoodsun) has helped raise money for Mike Michaud - 08/11/2014.

Neil Jamieson Esq (Prescott Jamieson Nelson & Murphy) has helped to raise money for Mike Michaud - 07/21/2014; 08/11/2014.

Brett D. Baber Esq (Lanham Blackwell & Baber) has helped to raise money for Mike Michaud - 08/11/2014.

Janis B. Cohen Esq. has helped to raise money for Mike Michaud - 08/11/2014.

Elizabeth Scheffee Esq. (Givertz Scheffee & Lavoie, PA) has helped raised money for Mike Michaud - 08/11/2014.

Richard S. Berne Esq. (Law Office of Richard Berne) - is helping Mike Michaud with campaign contributions - 08/11/2014.

WHY DO THEY LIKE "MIKE"?  You can bet that it isn't just out of the goodness of their hearts, and it isn't because the divorce bar wants our kind of Family Court or Guardian ad litem reform.  They expect that "Mike's" "pay back" for their financial bucks will be strong support for the "divorce bar".  Keep lawyer privilege!  Keep our family courts as they are - a gold mine for lawyers and the Divorce Industry. Keep consumers out of this unregulated "industry".  "Mike" has a political  reputation for being an obedient,  good, ol boy. The divorce bar and their good friend, Senate President Justin Alfond ( 07/21/2014; 08/11/2014; 09/23/2014 ), are banking on a tight relationship with "Mike". Alfond is reported to have already told Senators in his caucus, enough already with GAL reform; the lawyers don't like it!

WE'D BET THAT MANY WITHIN THE JUDICIAL BRANCH ARE ALSO SILENTLY SUPPORTING  "MIKE" TOO (and not just their "prayers and good wishes"!). He is their kind of guy; supporting the interests of the "divorce industry" and will not supporting Family Court or GAL reform - just exactly as they are.

DO YOU SUPPORT THE "DIVORCE INDUSTRY"? A vote for "Mike" supports the divorce industry and perpetuates our victim-hood in Family Courts. Use you precious vote thoughtfully, carefully and in the best interest of our children. Your vote can make a difference. Please, friends, anyone but "Mike" for Governor of Maine, please!

We'd also say, check out where our candidates for the Maine Senate and House of Representatives stand on our reform issues. We're splitting our vote on these candidates depending on whether they support our family court and GAL reform positions. For us, it's not about Republican or Democrat; we call ourselves "Childocrats"!

JOIN THE CHILDOCRAT PARTY TOO!

MeGALert is a grassroots organization and like minded people who have a vested interest in the states Family Court process and reform. Please feel free to contact us at MeGALalert@gmail.com or find us on Facebook.

Judicial Branch - How Do Pro se Litigants Feel About Their Court Experience?

With the non-response response from the Judicial Branch we reach back out asking whether or not the Judicial Branch has interest in the Pro se problem in Maine.


From: J M Coll <jacol1@xxxxxxxxxx.net
Sent: Sep 30, 2014 11:46 AM
To: Mary Ann Lynch <mary.ann.lynch@xxxxx.xxxxx.gov
Cc: "ddusini@xxxxxxxxxx.com" <ddusini@xxxxxxxxxxx.com, "Villa98staterep@xxxxx.com" <Villa98staterep@xxxxx.com, "ddutrem1@xxxxx.com" <ddutrem1@xxxxx.com, Beth.Ashcroft@xxxxxxxxxxx.Xxxxx.gov, Governor@xxxxx.gov
Subject: Re: Our 'Pro Se' conversation on Wednesday

Mary Ann Lynch, Esq
Media Counsel
Maine Judicial Branch

Dear Mary Ann,

Thanks for your very prompt reply to my e-mail (on a Saturday morning, no less!). It is useful to get an official Judicial Branch position so quickly.

About the content of your reply, what can I say?

Your response to my e-mail is masterful. You “defend the J.B. fort valiantly”, but in all fairness, I wasn’t intending to attack the “fort” in any way - either in our very brief phone conversation, or in my subsequent e-mail to you. The email was intended as a simple clarification (expansion) of points in our conversation that you asked for. You suggested “a proposal”, if I recall. Despite disclaimers by me that my remarks are not a "proposal", you seem to have over determined them as such.  In my opinion, a position statement or an actual proposal about ‘pro se’ reform issues would need many inputs from many people - not just you or me.

The tone and focus of your reply, however, deflects attention from the serious ‘pro se’ epidemiological questions that I actually raised in the email, and that need answers to be used as “tools” for any serious problem solving. So ...  let me repeat the questions:

• WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ CORRECTIVE INTERVENTION BE? 
• WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM?  
• DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY?  
• HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE?  
• HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? 
• HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM?

I am reasonably certain that neither you nor anyone in the Maine Judicial Branch currently has answers to the above vital problem-solving questions. I am sure there are opinions and anecdotes, but no actual hard, working data.

I also suspect that these questions, and their use in data collection and subsequent use of such data in targeted problem-solving, may appear to be an unfamiliar problem-solving model to the Judiciary, its “stake holders” and to the usual problem solving ‘modus operandi’. They are a classic population-oriented, conceptual approach used since the 19th century in assessing and planning for issues in question for large, under served, at risk populations. With all due respect, I would contend that a “stake holders” committee is not a tool for solving an ever expanding epidemic of ‘pro se’ representation. Perhaps a legislative audit might be able to seek data and suggest remedies. Please, note in the previous sentence, the key word,” perhaps”! “Perhaps” you and your colleagues might wish to propose another approach to the same problems at hand.

As for your worry about “violation of the separation of powers”,  I hope I don’t appear to be someone, who - in a public conversation - would (God forbid!) ask the Judicial Branch Media Counsel to violate either the US or Maine Constitution! Legislative audits of Judiciary functions have been done by other states who revere the constitution every bit as much as we Mainers do. In Maine, we have the brilliant precedent of the 2006 legislatively approved audit by OPEGA of the Judiciary’s Guardians ad litem program. As I understand it, any of the 3 branches of government may propose a bill. You/your branch of government submitted a bill in 2013 dealing with GALs, using Senator Valentino as sponsor. It was hardly a unique event! As a firm believer in our constitutions - state and federal - I think we could study the epidemiology of ‘pro se’ and how to correct it without creating a constitutional crisis! “Where there's a will, there's a way”!

The "child's best interest" question that you raise, is another item that needs serious study and correction. In my opinion and that of many others, this one concept is the root of much that is wrong about family courts. It is the heart and soul of a lawyer-directed, inter-party competition, generating all of the most malignant contention in a divorce. It is the powerful driver of “billable hours” and thereby out-of-control lawyer’s bills! It serves “No one’s best interest”, least of all the child! If it requires legislation, what’s wrong with proposing it? What’s wrong, one suspects, is that if a corrective law were passed, the family court bar would metaphorically speaking  “go on food stamps”. That’s why the ‘status quo’ is so hard to change. But let it not stop us from trying!

Calling the divorce bar the “divorce industry” may offend you but is not far off the mark or disrespectful when one  does a detailed, “connect the dots” study (as we have done) of how members of this powerful group operate to preserve a very lucrative, privileged  ‘status quo’.

It would be helpful to get an expression of interest from you about a legislative audit of ‘pro se’. Any interest at the Judicial Branch? Or should we pursue this along other avenues?

Sincerely,

Jerry Collins

If you have had an issue with the court system we encourage you to contact us at MeGALalert@gmail.com. Or find us on Facebook.

The Pro se Problem in Family Courts - The Judicial Branch Response

This summary is not available. Please click here to view the post.

The Pro se Problem in Family Courts

Mary Ann Lynch
Government and Media Counsel
Maine Judicial Branch

Dear Mary Ann,

It was a pleasure to talk with you by phone on Wednesday afternoon and to share a few thoughts about the very troubling 74% ‘pro se’ problem in Maine’s family courts. 74% is a powerful number that speaks to a socially unacceptable differential status of citizens/voters in the face of  justice. My purpose in calling you was  to be a “catalyst” for broad based problem-solving concerning the ‘pro se’ phenomenon. It seems to be growing numerically by leaps and bounds, despite valiant, well-documented efforts by your associates to contain it.

To me, as a former public health planner, there appears to be a lack of data about the nature of this problem that would be a vital necessity in designing a strategic intervention to reduce this unacceptable 74% number. The problem of ‘pro se’ numbers also appears to suffer (paradoxically) from well-intended attempts to try to solve the ‘pro’ se’ problem with inadequate problem definition. It puts “answers to the problem” before adequate “problem definition”, and thereby places the cart in front of the horse. Without wishing to disparage the ongoing work being attempted by those associated with the Maine Judicial Branch and the Maine Bar, I would suggest that there are some serious planning questions that need research and study before seeking answers.

Here, in brief, are a few of my thoughts, a recap and elaboration on our earlier phone discussion:

WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ INTERVENTION BE? In any thoughtful, large scale, organized government plan, one needs clearly stated goals to aim for - and to keep the movement towards goals on target. I would suggest- tentatively- that the aim for the ‘pro se’ problem should be to reduce the incidence and prevalence of ‘pro se’ as a phenomenon in Maine family courts - “to move the “numbers needle” backwards”. To use a public health conceptualization, one might say ‘pro se’ is a growing epidemiological problem. What is the “epidemic” about, how is it spread over Maine’s “at risk” populations, who is vulnerable, what factors are causing it, what exacerbates its growth, what diminishes its growth and what “interventions” might well organized data suggest would be most effective? To that end, I suggest a sample of some very generic questions that an epidemiologist might ask before intervening in any epidemic.

WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM? Beyond anecdote, who are the 74% of people who do ‘pro se’’ in Maine’s family courts? What sort of demographics do they represent? What ages, occupations, education levels, financial status, duration of marriage, number of children, geographic locations, previous marriages/relationships, health/mental health status?  What are the reasons that they are  doing ‘pro se’?  Financial reasons (examples)? Or other reasons?  All of these data would be useful tools in shaping rational problem-solving. Without such data, solving problems can only be based on anecdote, guess work, personal impressions, prejudice and bias. Bad information, as everyone knows, leads to bad answers!

DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY? What is the statistical record for various types of outcomes for ‘pro se’ litigants? How do things go when one party has a lawyer and the other doesn’t? What factors favor what outcome when both parties have a lawyer? Are there statistics for law firms and lawyers showing records of wins and losses? How do ‘pro se’’, lawyers, and judges view the contest?

HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE? Were they helped to do pre-court paperwork? Was the help that they received effective or was it confusing? Did they get help or coaching before going to court? From what kinds of helping sources? How do ‘pro se’ litigants feel about their courtroom experience?  Were they put at ease by the judge? Were they treated respectfully? Did they encounter judicial hostility or overt rejection? Were they listened to? How did they handle evidentiary challenges (“object, object, object!”) from opposing counsel? Were they included in all conferences and administrative issues? Did they feel that they received treatment in court equal to opposing counsel (if there was one)? Do they have ideas for simplifying the process for making it less time consuming, fairer and with happier resolution? How were they and their children impacted by the personal stress of the  ‘pro se’ experience and its  aftermath?

HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? What kinds of problems do they experience? What impact does ‘pro se’ have on courtroom procedures and process? What are the biggest challenges in this situation for judges? What would they suggest to solve some of the problems associated with ‘pro se’? Do they have suggestions that might diminish the incidence of ‘pro se’ ?

HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM? Does everyone in a divorce and custody situation need a lawyer? What type of cases may not need a lawyer?  What about pre-court legal “coaching”? What about paraprofessional lawyers? What about defining custody as 50-50 in all cases- except proven abuse? What other ideas? What about disincentives for lawyers? What about fee caps on all cases, or needing certification from a judge to bill beyond a certain $$ figure?

Please, do not take the preceding paragraphs as any sort of concrete proposal. The remarks above are offered only as possible examples of epidemiological data for use in a very classic, rational problem solving process. The questions are more to get a conversation about planning going- or to say, we don’t want to go there, because...

To my thinking, all three branches of government should be involved in any such a conversation leading to a plan for action. The core issue at the heart of the ‘pro se’ problem problem is about how we are to treat Maine families and children in the throes of divorce and custody. It is a question about the well being of a  sub-population of huge importance to the future of Maine. Interest in the topic goes way beyond the interest and practices of one branch of government and one profession. Ideally all three branches of government should work on the issue and should sponsor the supportive legislation to enable the work. As to the question of who might  best do such a study or variations thereof in the interest of the public, my vote would be for OPEGA; others might have other choices. My personal aim would be to eliminate the dominance of “special interests” of stake holders from the “divorce industry”, who have been the dominant players heretofore. They don’t represent the people.

I hope this gives a bit more flesh on the bare bones we discussed on Wednesday? It is still skeletal!  It is just a beginning of a much needed larger conversation.

Thanks for your time, your always valuable perspective and your in depth knowledge of the Judicial Branch - and Maine government.

Sincerely,

Jerry Collins

CC: MeGALert

If you have had a bad experience in the Family Court systems or with a Guardian ad litem. Please contact us at MeGALalert@gmail.com or find us on Facebook.

A Basic Tool Kit for Grass Roots Family Court Reform

We have been asked by many people how we got MeGALalert, our Family Court and Guardian ad litem reform program, started and what beginning grassroots activists should do to get going?  We grew our program, MeGALalert by stages and degrees, learning by trial and error as we grew.  We quickly set two fixed goals: (1) education of the public about the need for reform of family courts and Guardians ad litem, and (2) legislation to produce change.  We feel that you can’t have legislated change for these dysfunctional systems without an enlightened, aware public that will support and push for change.  Legislation also requires that we  educate legislators about the family court and Guardian ad litem problems, and also that we help voters connect with legislators and- as constituents/voters - express their views and their wishes. Family court systems  are not anything that can be “fixed” quickly, because there are huge systemic problems and powerful internal forces that support  the dysfunction of family courts, and that keep dysfunction alive, well and growing. Long ago, we were instructed by one sophisticated  lawyer: “Follow the money!”

What we are outlining is a well planned systems intervention in a massive system, and it cannot be done quickly or without a well designed strategy and tactics, nor can these be effective without tools for intervention in all parts of the system. Obviously, this is a complex undertaking. We are always glad to share our thoughts and our approach, but to do so would take more than a simple, single blog posting.  We’ll start by giving a brief list of important generic systems intervention “must have”  “tools” that you may find useful in changing family court systems:

1. A blog or two (or more) with different focuses that will serve multiple purposes: give news, present issues and problems, make proposals for change and allow for public "conversations".

2. A Facebook page dedicated to court reform in your state, which can present more short-term "reform news" and sharing.

3. Building a base of credible political supporters, larger numbers of both friends and “victims” of the family court system.  E-mail addresses (and list-servs) for this group are critical, precious, invaluable .  One rule to follow: ALWAYS BLIND COPY (bcc)  MASS MAILINGS FOR PRIVACY).  Telephone numbers and physical addresses are useful also.  We started with our family court story (disaster) in a local weekly paper that got the attention of other family court “victims” who contacted us - and the rest is history as the numbers grew and grew.

4. Once you get stared, a core group of friends with a "work ethic", who can be counted on to help with some of the "heavy lifting".  Volunteer manpower, which can stay on top of what's happening in state government that may impact on users of family courts.

5. Getting to know your State Rep and State Senator and continuously educating them on the court reform issues is critical.  Getting to know other legislators, especially those who have gone through divorce and custody horrors.  “Victims” of family courts in the legislature are “golden”.  You also need to know which legislators are your enemies and “frenemies” , Which legislators will sabotage your efforts and support the ‘status quo’?  HINT: look for legislators who are lawyers!

6. Getting to know your state Governor and your Chief Justice.   Governors can submit bills and can veto bills, but they too need education.  Justices often want changes in the courts but they are constrained by their political base: the state bar and state lawyers who live handsomely off of family courts.  They hear appeals form family courts and their judgments become case law.

7. Building relations with the all elements of the media.  Know reporters, feed them stories.  Many court reporters are intimidated about journalistically challenging the courts and getting “shut out” of court news thereafter, but sometimes your news may tempt them out of timidity.  Small, local, weekly papers, we find, are most open to reporting our experience - and people do read them. Give them stories. This got us going. Don’t forget social media in all of its many forms.

8. Organize intimate, small showings of "Divorce Corp", the DVD, it is very educational, packs a punch and ought to be a "must see" for legislators and government decision makers.  It is a great “tool” for quick information and attitude change.

9. Make your most important goal: public education about the largely unknown scandal that is family courts in America.  Without extensive education of the public you go nowhere.

10. Communicate, communicate, communicate.  Keep everyone who writes to support you in the loop, up on the news - good and bad.  Answer ALL e-mails asap.

11. Don't worry about money or setting up a nonprofit.  We've done it with no money and no corporation. Money and non-profits have their own problems and politics. We've done it with PEOPLE, who are FRIENDS. The most successful movement that produced massive political change was created by Vaclav Havel, former, Czech president, Nobel prize winner, writer and political dissident.

Finally, don't be discouraged by setbacks.  It is going to be a long term project. Family courts have solid support of a huge, wealthy industry ($50 billion), the “divorce industry”, these lawyers, like the “robber barons” of old, are not going to yield quickly or easily. But ... we have human and moral "right" on our side, and, once we connect, there are more of US than there are of THEM! Vaclav Havel called it “The power of the powerless”.

In the long run, if we keep at it , like others before us who fought injustice...

"WE SHALL OVERCOME ... SOMEDAY..."

MeGALalert can be reached by emailing us at MeGALalert@gmail.com or by finding us on Facebook. There is no magic bullet that can be used to help you with the issues you and your family are facing. We offer support and help in dealing with the family court system.

Credibility determinations are left to the sound Judgment of the trier of Fact

One (out of many) of our favorite quotes from a Maine Supreme Court decision has the ring of final authority that is almost biblical.  To us, it  effectively seems to say, folks,on this sacred verity there is no possible rebuttal.  It’s almost, “God is speaking!”  But, ... and not to disrespect God, here is the quote- and our rebuttal:

SUPREME COURT: “ NO PRINCIPLE OF APPELLATE REVIEW IS BETTER ESTABLISHED THAN THE PRINCIPLE THAT CREDIBILITY DETERMINATIONS ARE LEFT TO THE SOUND JUDGMENT OF THE TRIER OF FACT”.

OUR REBUTTAL: To us, this is a statement of a nice ideal, or a “wish-it-were-true”- not the reality that the public experiences. If all judges possessed super human "infallibility", it might be true.  But they don't.  They are subject to human error, just like all other mortals.  In the case that lead to this quote, the judge was far from infallible about Guardians ad litem. He gave a vivid indisputable demonstration of his legal fallibility, when he improperly  referred a complaint about the Guardian ad litem in an active case that he was judging to the Chief Judge of the District Courts. Key issues: (a) the case was being actively argued in HIS court.(b) by the “rules” as stated on the Judicial Branch web site, he himself  is supposed to address and judge the merits of  complaints about Guardians ad litem in active cases in his court.

Despite being told by the untrained  'pro se' plaintiff that he was mistaken in making this referral he insisted on making this very inappropriate referral in violation of the Maine Rules for Guardians ad litem. If he didn't know the actual written Rules for Guardians ad litem with respect to complaints against Guardians ad litem, one has to  ask what else didn't he know about the Rules governing Guardians ad litem, and how could he judge a GAL's functional performance, absent full knowledge of the standards for the job?

The God-like quote above is a clear example of demonstrated  bias that favors an inept, uninformed judge, and it disfavors the ironically more informed  party who was represented 'pro se'. The decisions coming out of this flawed process both shape and distort  the actual facts to maintain an image that all is well in the courts, both probate and Supreme. This is not true in this case where the language of the decision and the actions of the lower court attempt to bamboozle a 'pro se' representative with statements that are provably false.

The court's decision raises a serious question about public "access to justice" and a constitutionally guaranteed "equal protection of the laws (for everyone)"! A 'pro se' representative, even with some "home study" can never match the skills of an experienced lawyer or the highly empowered (though in this case an uninformed) judge. It is an unequal legal conflict between "a peashooter vs a cannon".

So much for “CREDIBILITY DETERMINATIONS ARE LEFT TO THE SOUND JUDGMENT OF THE TRIER OF FACT!

Maine has a 74% ‘pro se’ problem. 74% of court cases are receiving unequal access to  justice in Maine courts. It is a class discrimination “secret” that flies under the radar. It violates the US Constitution. For constitutional compliance and respect for “the rule of law” it needs correction asap!

For support please contact us at MeGALalert@gmail.com and you may also find us on Facebook.

Will your online petition make people aware of the issue?

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

Some things to think about while you contemplate the idea:

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

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

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

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

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

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

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

A Maine Commission to Assess the Impact of Divorce and Custody on Maine Children and Families

RE:   A Maine Commission to Assess the Impact of Divorce and Custody on Maine Children and Families.

The Governor

State of Maine

Dear Governor LePage,

Divorce in Maine, when child custody is involved, has evolved into an expensive, barbaric, often cruel process.  Custody decisions by our courts often seem irrational and  participants all too often find it impossible to correct a bad decision  or a bad process.   At Maine Guardian ad litem Alert (MeGALert), based on the data from our many contacts with people in the terrible  throes of divorce, we  increasingly feel that there is a need for a Maine Commission aimed at assessing the impact of divorce and custody on Maine children and families- and  recommending  repairs to a badly broken family court system. 60 % of American marriages  are reported to end in divorce, and Maine is no different from the rest of the US. But beyond dry statistics, our experience with hundreds of individuals tells us that there are psychological, social and economic side effects of the family court experience, that wreck the lives of those that have gone through divorce for years to come. It is a shameful record. It calls for action.

Although we would certainly support a broadly focused Commission that took a total systems approach, we would suggest that there are several important  areas where a narrower commission might assess serious problems and propose solutions without crossing the boundaries of another branch of government: (a) the economics of divorce and its impact on the present and future of (60%) Maine citizens and on the state itself, (b) the jurisdictional disputes about which of two branches of government has final responsibility  for defining and resolving the diagnosis of adult or child abuse in divorce, and (c) problems associated with the family court’s  use of and referrals to state sponsored/funded clinics by the Judicial Branch. This includes patient’s right to privacy issues; standards of the types and forms of  treatment; court-ordered, mandatory treatment; treatment effectiveness evaluations; confidentiality and the human rights issues of those receiving services.

1.) Economic problems of divorcing in Maine.  The short story is that it is very expensive, running to thousands of dollars, with courts putting no limits on the charges to citizens from a growing number of ancillary players, in  a growing number of questionably effective peripheral  services.  The growth of these unevaluated “new” services- often court mandated- have become a part of an very expanded, very expensive “divorce industry”. Families are impoverished. Retirement and college funds are emptied.  Homes are mortgaged to the hilt. Credit from relatives and families is exhausted.  It is an expense with no boundaries and it grows year by year. We have to ask: Is a booming economic expansion of the “divorce industry” retarding investment in other “industries”? The Judicial Branch keeps virtually no data, our group has some limited financial data. However, there is a need to measure the problem, its growth and to propose solutions.  Money drained from our economy by the “divorce industry” is money not available for other more productive investments; homes, education and retirement - just to name a few.

2.) Allegations of child or spousal abuse are all too common in contested divorces. Some allegations are real and serious and require appropriate action; other abuse claims are “strategic”, and need investigation and then labeling as such. At the moment, there is all too often a “turf war” between the Children's Protective program (under Human Services) and the Judicial Branch Guardian ad litem program about which entity has the final say in abuse allegations. There are likewise “turf wars” between Guardians ad litem and those trained specialist professionals who assess “dangerousness” and other dysfunctional issues.  It all too frequently happens that, if opinions of trained professionals do not concur with a Guardians ad litem opinion, they are frequently ignored in favor of the Guardian ad litem’s more expensive opinion, a continuing investigation by the Guardian ad litem. It should be remembered that Guardians ad litem have only 16-20 hours of training and no supervision when they override the findings of those with more training and supervision.  It should also be remembered that continuing to investigate “abuse” generates significant “billable hours” for Guardians ad litem and burdens families with these costs.  More important is the question of whether someone with less knowledge, skill and experience will do a better job of danger evaluation for children and families than someone with specialist education, experience and supervision?

3.) State sponsored or financed services and clinics are frequently used as referral sources by Guardians ad litem and by Maine’s courts.  The courts keep no statistics about the number of court referrals, which would help to describe (a) the size of their usage, (b) the problems encountered, (c) the outcomes  of treatment- both short and long term.  What is  the impact of court mandated treatment on children and families?  Are these court forced  referrals doing any measurable good?  How do they help? What are we getting for our public  money?  Are the services requested by courts- such as various untested, unproved behavior change therapies-  scientifically grounded?  Is the state paying for “experimental” services on court referred children and adults  There is also the ethical/human rights issue of court mandated treatment in non-criminal cases.  Confidentiality issues and demand for what should be considered privileged information are troubling and, we are told,  don’t follow national standards. There are instances of Guardians ad litem sharing this clinical information- without “releases”- with other Guardians ad litem and with unauthorized persons, using the threat of contempt if permission to release information is not granted. It is an area that cries for study and repair.

These are just a few areas that might occupy the scrutiny of a circumscribed Commission to the benefit of our children and families. We would be pleased to discuss further any of these suggested ideas, and we recognize that these suggestions are  just conversational openers. It seems important to us to give a more human, rational  experience to children and families in divorce, the consumers of service.

Sincerely,

Jerome A Collins, MD

CC: Maine Guardian ad litem Alert

To read one view from a parent on the judicial abuse she has suffered. Please follow this link to read "Family Court Abuse - A Parents Perspective"

For more information on what is wrong with  Family Courts and Guardians ad litem in the state follow us on Facebook or email us at MeGALalert@gmail.com