Should someone “blow the whistle” on this lawyer at his client’s sentencing?

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By Dr. Leon Koziol

Parenting Rights Institute

Okay, you be the judge! Is he just snoozing or completely passed out? This was a front page local photo of an attorney at his client’s sentencing on lewd conduct charges. A city fire fighter, the client was found guilty after a bench trial and is pictured here wide awake and highly concerned about his fate. Not so with his lawyer who was presumably already paid for his “professional legal services” by advance retainer.

It would appear that the newspaper photographer was trying to send a public message but there was no mention of the lawyer’s condition in the story itself. Should we wonder why this guy lost his case at trial? As a practitioner for over two decades, I have seen lawyers and judges in a drunken state.

One judge was quietly referred to treatment. Another lawyer reeked of alcohol during plea bargain discussions in chambers. So concerned was I for his client (not my case) that I asked if the judge would take action. None to my knowledge ever was. The client there certainly had cause for malpractice and ineffective assistance of counsel.

Any attorney who tries to override a judge can face severe retributions through an abuse of discretion and judicial office. My whistleblower reports to the Moreland Commission on Public Corruption (Pace University, 9/17/13); Judicial Conduct Commission (2010-present) and Congress (May 2, 2019) led to horrific retributions including a loss of child contact without any criminal charge, moving violation, child protection report or evenly applied ethics violation. It also caused a record 10 year suspension of my law license.

Despite all this, the ethics lawyers engaged in the witch hunt against me stated at a closed hearing in 2013 that they would continue to oppose my reinstatement as long as I continued to expose judicial corruption. They even attached seven (7) posts from this website as examples to support a continued suspension (to eternity). Shortly afterward, a family judge put a gag order on this site which was removed six months later after I sued him in New York Supreme Court.

As fate would have it, that judge was removed from my case and those attorneys (chief ethics lawyer and his two deputy lawyers) were caught falsifying their time sheets only weeks later. They were allowed to resign without any public charges, criminal or ethical.

Those ethics lawyers (Torncello, Zayas and Devane) were charged with a duty to stop over billing practices. Instead they were rewarded with a return to private practice. Who knows how many clients have been over billed since then.

Throughout this website, first opened in 2010, you will find examples of horrific corruption in our courts which is getting no public exposure or accountability by state judicial commissions (which investigate less than 10 % of complaints). Despite my testimony, reports and civil rights litigation, the corruption is only growing.

There is hope through perseverance. Only last month New York’s top attorney, Attorney General Letitia James, moved my latest precedent seeking case from New York Supreme Court to federal court. We need to join as victims and mount a multi-faceted protest in front of court buildings nationwide. As long as you stay in the comfort of your homes keyboarding to no one who cares, the carnage will live on. If you have something serious to report, contact our office at (315) 380-3420 or leonkoziol@parentingrightsinstitute.com.

 

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Appeals Court Issues Precedent Decision Expanding Parental Rights in Federal Court

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New York Contingent After a Conference in Senator Chuck Schumer’s Office at the Capitol during Lobby Day, May 2, 2019 and our 3-day Parent March on Washington

By Dr. Leon Koziol

Parenting Rights Institute

Two weeks ago, a federal appeals court issued a “Precedential” decision which promotes the rights of parents to challenge family court injustices in federal court. I promised you a post on that case and here it is.

In Malhan v Secretary U.S. Dept of State, Attorney General of New Jersey, et. al., Case No. 18-3373 (September 18, 2019), egregious child support enforcement practices were challenged in federal court. The federal district court of New Jersey dismissed the action using abstention and jurisdictional technicalities that have kept family court litigants out of federal court for more than fifty years.

A federal appeals court has now ruled that lower federal courts have been abusing these technicalities for too long, citing more recent opinions of the Supreme Court which condemned such abuses. This comes after three decisions of the federal court of the Northern District of New York which dismissed my similar challenges to family court abuses in 2011, 2012 and 2015.

Indeed the last one was supplemented by a conditional filing order, future filings that have to be pre-approved. Had the recent federal appeals court ruling preceded those decisions, it might have dramatically altered my fate and prevented the alienation of my daughters, retaliation for my judicial whistle blowing activity, and abuses which collectively “shock the conscience of civilized societies,” see Rochin v California,  342 US 165 (1953) and progeny (substantive due process).

A reading of the Malhan decision shows how arguments that I have been asserting for years are now “the law” and helpful to all those who require justice and constitutional protections outside the tyrannical scope of our nation’s divorce and family courts. The interface between state and federal court jurisdiction remains highly complex, this post does not constitute legal advice, and anyone seeking to access the latter should rely on attorneys with expertise in this area (i.e. not family court lawyers).

However, as the Malhan decision was being published, my precedent seeking case filed in New York Supreme Court on August 7, 2019 was removed to federal court by the top attorney in New York, Attorney General, Letitia James. She was a civil rights attorney and New York City Public Advocate prior to election to her high profile position. The basis for removal was a substantial federal question at the center of my lawsuit.

Actually there are three major federal questions, namely, due process, equal protection and First Amendment violations. The stunning removal decision has its greatest irony in the prior attorney general who successfully dismissed my earlier federal cases on grounds that state family courts had a greater interest in domestic matters than our federal courts did in federal constitutional matters.

Put another way, after keeping me out of federal court for over a decade, the ones representing the state, a family judge and support magistrate are now asserting that I belong back in federal court. Don’t try to figure this out. As we have stated often on this site: “You just can’t make this stuff up!” Unfortunately, the damage is already done and may be irreversible. That is why I am seeking additional precedent which compensates the victims of family court abuses in federal court.

The Malhan case was remanded to the lower federal court for further proceedings. Hence, because the appeals court ruling is non-final, it is unlikely that the case will reach the Supreme Court, if ever, any time soon. My case may have a better chance of getting there sooner using the same precedent. You can view my state supreme court complaint, now under federal court caption, by clicking here to an earlier post.

These developments and others have impaired our protest preparations set for this month locally. However, we continue to ask the participants and supporters of our last one in Washington D.C. to submit verbal and written complaints to House Intelligence Committee Chair Adam Schiff. He is claiming protection for whistleblowers. Therefore, demand action on the 500-plus whistleblower reports we delivered to every member of Congress on Lobby Day, May 2, 2019 (middle day of our three-day Parent March on Washington).

We cannot sit on our progress lest we lose it altogether. Join our efforts and help make this post viral. Perseverance in the face of horrific odds may finally pay off despite the many critics. For more information or assistance, you can call our Institute office at (315) 380-3420.

To the hundred whistleblowers at Parent March on Washington: You have been given a moral imperative to contact Congressman Adam Schiff. Ask why he ignored our Whistleblower Report delivered to Congress on May 2nd?

Open Hearing with Acting Director of National Intelligence on Whistleblower Complaint against Donald Trump for impeachment purposes

September 26, 2019

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A small portion of congressional office cards retained by those participating in our Parent March on Washington, May 1-3, 2019, who delivered our Judicial Whistleblower report to all members of Congress during Lobby Day, May 2, 2019.

 

By Dr. Leon Koziol

Parenting Rights Institute

 

It’s an outrage! This past week, House Intelligence Committee Chairman Adam Schiff went on a crusade to protect whistleblowers. According to a slew of righteous public statements, he condemned President Donald Trump and the Intelligence Community for failing to submit a whistleblower report to Congress in a timely fashion.

That report had already been found to be a politically biased concoction authored by a person who had not even been a part of the events he was complaining about, namely, an alleged attempt by Trump to influence a Ukraine president to investigate Joe Biden’s son in his country.

The Justice Department had already investigated that report and found it to lack merit. But Chairman Schiff jumped at the opportunity to praise the whistleblower for impeachment purposes prior to receiving that report. President Trump, preoccupied at a United Nations Conference, promised it to him the next day.

When the actual report proved dubious, Schiff began back-pedaling, even mimicking Trump in a made-up version of events that was woefully short of Alec Baldwin’s talent. Schiff took even more heat on his re-written version of the facts. This is how desperate and divided our leaders have become in Washington.

But that’s only the background and not the purpose for this post. Chairman Schiff focused on the right of all whistleblowers, no matter his position or accuracy, to reach Congress with their reports. His speeches were profound but his sincerity was non-existent given the hundred whistleblowers who converged on Washington for our Parent March on Washington this past May.

Parents from all over the country helped put together a lobby packet on May 1st to deliver to every member of Congress the next day. It featured a Judicial Whistleblower report entitled:

“Federal Funded Epidemic: Vital Report Justifying a Federal Investigation of Human Rights Abuses in Divorce and Family Courts.”

An entire section of that report was devoted to judicial whistleblower protection. I personally headed a contingent from New York which met with key staffers in the conference room of Senate Leader Chuck Schumer on May 2nd. It included a doctor, university professor and experts in the field of court reform. We were promised a reply to the reports we delivered that day.

I delivered an earlier one directly to Senate Judiciary Committee Chair Lindsay Graham and discussed it with him outside his committee hearing room. Other whistleblowers did the same with their own disclosures with their own representatives. Yet not a single member or staffer has replied to this day.

So what do we conclude from all this? Is Chairman Schiff a fraud? Is the call for whistleblower protection on the part of these same members of Congress a giant hypocrisy? Is political narrative the standard for deciding which Americans are important to our representatives?

The 500-plus reports we delivered to every office of Congress, backed by a march with police escort the next day down Pennsylvania Avenue, provided an overwhelming statement to Congress. Indeed you could not get more “in-your-face” than that from a true grass-roots perspective.

We weren’t backed by any political party, special interest or impeachment agenda. We were there to report an epidemic caused by the disregard of crisis-level issues such as parental alienation, abuse of federal funds and court induced suicides.

Since our march, events have occurred which have bolstered our cause and we must act on them or lose the momentum. On August 7, 2019, I filed a precedent-seeking case in New York Supreme Court. Two weeks later, New York’s top attorney, Attorney General Letitia James, moved my case to federal court.

Three weeks after that, a federal appeals court handed down a precedent decision which gave a green light to a father to challenge abusive child support enforcement tactics that were violating federal law. I have reviewed that case to conclude that it supports my case in a more profound way. I will report on it soon.

Now comes an opportunity to turn our efforts into results by contacting members of Congress to shed light on the Schiff Hypocrissy. Now you have a profound duty, certainly within your personal ability at home to accomplish, by calling on Schiff and his colleagues to make good their rhetoric by holding a hearing on our reports.

Our time is now. Don’t squander it with apathy or excuses. We all talked the talk in Washington. Now it’s time to walk the walk. Why did our representatives ignore one of the most pressing issues of our day that we carried to their very doorsteps? Do your part now while time allows, contact the media, spread the word or call us at PRI office (315) 380-3420.

 

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Another Family Court Related Suicide! The Time For Talk is Over. Join Our Action Plan to Make a Stand!

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One of the many fitting posts on-line dedicated to Family Court’s latest statistic, suicide victim Ryan Kelly, RIP September 10, 2019, Suicide Prevention Day.

By Dr. Leon Koziol

Parenting Rights Institute

RIP:  Ryan Kelley

How many more suicides will it take before our money lusting behemoth known as Family Court is finally overhauled from a lawyer friendly environment to a parent friendly one? Government reports continue to show twenty-two veteran suicides per day, a major percentage of which are triggered by family court abuses. And now there’s another persecuted dad, Ryan Kelley, who took his life yesterday, September 10, 2019. Ironically, it was Suicide Prevention Day.

There are those who benefit from the family court industry (and at least one self-loving troll on Facebook) who will try to deflect attention to a DWI charge which Mr. Kelley was facing. But there are countless people who face such charges, and much worse, without even considering a terminal outcome. They pay the price and move on. In Mr. Kelley’s case, he would face child support jail after completing his DWI defense.

According to his suicide note and follower comments, Ryan Kelley was “trying to stay alive” for years in the face of family court abuses. Even a moronic troll should be able to figure out that such abuses over an extended period would lead to alcohol problems. If there’s one lesson this family court regime has taught us, there is no escape from its persecution. Alcohol and suicide became that escape for Ryan, all in his children’s so-called “best interests.”

For thirty years now, family reform groups have come and gone. One-and-out websites, Facebook pages and lofty crusades that died a quick death. When are we finally going to stop pontificating and conjuring up bizarre lawsuits and reform ideas with little or no competency? When are we finally going to leave the comfort of our routines and join together in protests nationwide?

I’ve been in this reform movement for over twelve years. I’ve spent 30 years in both federal and state courts successfully litigating complex cases as an attorney and litigant, even after the retaliation I suffered as a consequence (summarized in complaint below).  I’ve traveled from Paris to Hawaii and nearly every state in between meeting with victims and exposing court corruption.

Among the most promising events I have seen in all that time and travel is a three-day conference, lobbying effort and march which I sponsored this past May in Washington D.C. known as the Parent March on Washington. Under a plan of action put together by attendees, regional protests would follow. Instead only the carnage has.

Well, I, for one, who sacrificed everything short of life itself to end this carnage, never surrendered that plan of action. On September 26, 2019 we are planning a rally and march between Oneida County Family Court to Utica city court in upstate New York (dead center between Buffalo and NYC). Our target is ideal for capturing national attention. It is focused on my precedent-seeking case filed last month in New York Supreme Court which was recently removed to federal court by the Attorney General.

It is also focused  on a rude, racist and rogue judge who is reflective of the problems we all have in these courts. Gerald Popeo is a city court judge named as a defendant in my lawsuit. He was assigned out of order as the 41st trial level jurist on my family court custody and support cases. He is avenging a public censure issued against him by the New York Commission on Judicial Conduct on February 12, 2015. That censure makes him anything but a judge with the temperament to preside in family court.

Gerald “Scary Gerry” Popeo has blamed me, in part, for that censure. It cited racist comments, violent threats to litigants and the jailing of men in violation of their due process rights. The prosecutor recommended removal, and Popeo’s defense attorney (a former state supreme court judge) asked for a private reprimand. The Commission compromised with the public censure, thereby allowing him to become improperly assigned to my family matters to exact revenge.

The administrative judge who made all these suspect judge assignments since 2007 died last month at the age of 68. No replies to my complaints were made by him during the same period prior to his passing. And now, Judge Popeo, after issuing a near fatal warrant against me last year, is at it again with raw abuses of power and ethics. Here are some of the comments and conduct which a hearing judge found to be true against Popeo in the Commission decision:

“You’re standing there with a grin that I would love to come off the bench and slap off your face”

“Mr. Scully (prosecutor) is playing cigar store Indian at the moment.”

“You know what black people from New York City call black people from upstate New York? Country Niggers.”

In a shocking irony, a downstate African-American is now the top attorney in both upstate and downstate New York who was recently assigned to represent Judge Popeo in my precedent seeking civil rights case. New York Attorney General Letitia James filed a notice last week removing my case from state court to federal court.

The circumstances could not have come together more profoundly for our tentatively planned event on September 26th. We are now working on getting the permits. Contact us for more information at (315) 380-3420 and help make this post viral.

 

(Koziol Complaint Dated August 7, 2019)

(Utica judge under fire for bullying remarks)

(Utica city court judge Popeo censured)

(Fathers’ Rights Attorney Fighting “Family Courts” Now Subject To “Kill On Sight” Order By Police)

(Bullying Utica judge censured for calling lawyer a ‘cigar store Indian,’ but cleared of racial epithet)

 

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While Violent Felons Are Excused From Jail Time, Dads are Imprisoned at Record Levels for Support Debts and Protests

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By Dr. Leon Koziol

Parenting Rights Institute

If you are a regular follower of this site, Leon Koziol.com, then you know about New York Supreme Court Judge James McClusky who excused a school bus driver from any jail time despite his conviction of raping a 14 year old student earlier this year. It has resulted in a petition for his removal containing over 75,000 signatures.

Meanwhile dads are being routinely jailed for non-violent support violations without notice or concern from anyone. The discrimination is blatant as reflected by another post from our site: A woman judge, Jerri Collins, was reprimanded by Florida’s Supreme Court on August 26, 2016 for belittling a domestic violence victim and sending her to jail.

It occurred after the woman willfully failed to show up for her trial as the complainant and main witness, citing fear and anxiety among the excuses. The judge gave her a mere 3-day punishment, but after feminist protesters took aim at the “injustice” of such a harsh outcome, the woman was released.

The fact that an accused (man) is innocent until proven guilty, and despite his costly retention of counsel, witnesses and evidence in his defense, the complainant’s absence from court was a-okay if you follow Florida’s high court reasoning. They simply sacrificed law and justice for politics and self-aggrandizement.

Judge Collins was not belittling a domestic violence victim, she was upholding a man’s due process rights and preserving the integrity of our judicial system. Even the families of murder victims respect that integrity by showing up as complainants, witnesses and observers at the proceedings designed to determine guilt or innocence.

When a dad willfully, or even accidentally, fails to show up for a support violation proceeding, not just a trial but any scheduled appearance, he is immediately subject to an arrest warrant and incarceration. And the excuses don’t matter, whether it’s the fear of a biased judge, false allegations that are never held accountable or the lust for federal incentive funds.

Jail sentences are doled out at six months in New York State and as much as two years in South Carolina where Walter Scott was shot dead five times in the back unarmed by a traffic cop while fleeing a support warrant. Our government is now killing dads for money while overlooking the violence which all this is causing.

Recurring jail sentences lead to suicides, lost employment and targeting. The court reports are virtually unanimous for jail terms ordered against dads, thereby filling our prisons. This, in turn, creates jobs and construction projects which the “Kids for Cash” scandal exposed in Pennsylvania. There is an unwritten judicial policy which treats dads as preferred jail targets on the sexist presumption that they are tougher and can survive confinement more readily.

Now comes a case in which a Michigan dad lost his two year old son in 2017. A family judge transferred custody to a mother fraught with drug abuse and CPS reports leading to the death of an infant. That custody decision was made by family judge Rachel Rancilio over the objections of his attorney and the dire warnings of imminent harm. The judge merely defended her decision that such issues were in the past.

The father, Jonathan Vanderhagen, then embarked upon a social media campaign to expose this judge for both her fatal decision and callousness. The judge retaliated by claiming to be fearful of Vanderhagen’s criticisms but a sheriff department investigation concluded that no threats were made.

Nevertheless, on July 24, 2019, this dad and protester was taken to jail for alleged bond violations and malicious use of the internet. A half million dollar bond was required for his release and a jury trial is set for September 13, 2019.

In November, 2015, family judge Daniel King of Lowville, New York placed a gag order on this site, Leon Koziol.com under the guise of a protection order related to our exposure of a fraud by child attorney William Koslosky and “custodial parent” Kelly Hawse-Koziol, the mother of my two daughters.

Both the state appointed parent and attorney had submitted a purported Notice of Relocation of my children to the home of a childless millionaire named Joseph Flihan Jr. That notice contained the electronic address gmai.com (without the “l” character) as a purported satisfaction of a custody order requirement.

Daniel King was then exposed for his alcohol use with his children nearby at a bar to show an utter hypocrisy behind his finding of a “prohibited alcohol related gesture” (wedding toast) which he used to suspend my father-daughter contact. It came in a December 2, 2013 decision, three months after my testimony before the Moreland Commission on Public Corruption, and it continues to the present day no matter that it is over five years “in the past.”

King denied my dismissal motions despite the vague and abusive terms of his gag order. It required me to obtain a show cause order against him in New York Supreme Court six months later.

That led King, without explanation, to cancel a trial set on the matter. He followed with a dismissal order on his own motion and removal of the gag order. Weeks later, he stepped down altogether, also without explanation. Because judges enjoy absolute immunity, I could get no liability, accountability or compensation for the loss of contact occurring under his judicial regime (King, replacement Judge James Eby and racist Utica city judge Gerald Popeo).

The criminalization and mass incarcerations of dads in this “dads for cash scandal” (I just made that up now, what do you think?) has reached epic proportions. It is today’s most ominous and suppressed public epidemic. We are now planning a march from the Oneida County Courthouse to Gerald Popeo’s city court in Utica, New York, a distance of only a quarter mile (seven city blocks) on September 26, 2019.

This comes after our successful Parent March on Washington this past May and removal of my state court precedent seeking case to federal court by the New York Attorney General last week. We need to grow the momentum here for the sake of veterans, parent victims and whistle blower protection.

Help us make parents great again by spreading the word, joining our crusade for justice and donating to this site. Contact us for more information at (315) 380-3420 (Parenting Rights Institute Office).

Dad Jailed for Criticizing Judge Who Ignored Concerns

Read Story and Watch Video Here:

https://www.wxyz.com/news/region/macomb-county/grieving-dad-jailed-for-repeatedly-criticizing-court-system-in-macomb-county

No Warrant Issued, Parental Rights Case Continues in Federal Court: Time to join rally set for this Month !

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By Administrator

Leon Koziol.com

Parenting Rights Institute

In our early morning post, we alerted you to a proceeding in New York Family Court today where a rogue, rude and racist judge, Gerald Popeo was prepared to issue an arrest warrant and jail term against Dr. Leon Koziol.

Leon is a parental and civil rights advocate who was deprived of his daughters, reputation, law licenses and much more in retaliation for his whistle blowing and court reform activity over the past decade. Somehow Leon survived the latest attack, this time largely due to a removal (transfer) of his recently filed state court action to federal court by the New York Attorney General. Click here for details.

That action, Leon Koziol, individually and on behalf of Child “A” and Child “B” v State of New York, Judge Gerald Popeo, Support Magistrate Natalie Carraway and others in New York Supreme Court was removed to federal court this week due to substantial federal constitutional questions raised in the 26-page complaint filed on August 7, 2019. Such removal in domestic matters is extraordinarily rare given all the routine federal case dismissals due to deference practices to state court. Review the complaint by clicking here: (Koziol Complaint Dated August 7, 2019)

We may not get another opportunity to make overdue precedent for shared parenting, an end to Title IV-D debtor prisons, and proper recourse for parental alienation. Consequently we need you to spread the word about this case and join us in a rally in favor of federal justice and a protest to remove Popeo from the bench. Check out the shocking public censure issued against him by the New York Judicial Conduct Commission here: (Utica city court judge Popeo censured).

A tentative date of September 26, 2019 has been set for a march beginning at the Oneida County Courthouse to City Court in Utica, New York. It will pattern the successful Parent March on Washington which we sponsored with a police escort down Pennsylvania Avenue in Washington D.C. this past May.

Call Parenting Rights Institute at (315) 380-3420 or contact Leon directly at (315) 796-4000.