Sexist Courts: When Will Dads Finally Get Equal Rights?

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By Dr. Leon Koziol

Parenting Rights Institute

First there was Anita Hill, then Bill Clinton and Monica, then Megyn Kelly and Donald Trump’s locker talk. Now we’re confronted by the growing number of famous people being taken down by ancient claims of sexual harassment. Will the media and our government finally recognize and act on the sexual harassment of fathers in our nation’s divorce and family courts?

Only today, media reports appeared to recognize for the first time nationally that women can commit violent acts of domestic violence when actress Naya Rivera was charged with domestic battery upon her husband Ryan Dorsey. Yet in family court, dads are being put in jail for non-violent “child support” debts while moms proven to have made false allegations of abuse (for custody tactic purposes) are barely receiving a scolding.

You can argue your opinions any way you like, but you cannot argue with statistics. Census Bureau reports continue to show that nearly 85% of all persons in America paying “child support” are men. Nearly 90% of all contested “custody” cases result in “awards” that favor women. If that was the report concerning our work force with men owning 85% of all jobs, there would be riots in the streets.

The reality is that without men supporting the women’s rights movement, it never would have happened, this coming from a father who once represented a former president of the National Organization for Women. If dads are ever going to get a fair shake in these courts, women will have to join our own cause. You cannot have it both ways, equal rights in all walks of life except in family court where we all return to Pleasant Valley circa 1950s.

This antiquated custody framework which lawyers guard so intensely reaps huge fees and benefits at the expense of parents and children. This profit motive is the same reason they oppose all progressive shared parenting laws (which could put so many lawyers out of business). It is anything but the “best interests” of children being promoted here. Yet the victimized dads continue to pay the lawyers instead of investing in the kind of reform movement which I sacrificed everything for.

During my crusade for equal rights and parental justice, I came across three dads who together spent over $10 million in lawyer fees trying to assert or defend their “custody” rights. Even among those close to me who professed to know the system became foolish victims, losing their child contacts or support reductions altogether. Two individuals paid $5,000 and $4,000 respectively for only a few court appearances which could have been better spent on a public exposure campaign.

The “War Against Fathers” is real and waged with increased intensity with each passing day of apathy and surrender with priorities acted out on a boat, bowling alley or basketball court. Meanwhile the “court predators” as I call them are bankrupting entire families as this epidemic grows to impair all aspects of our society. It’s all keyboarding, pontificating and GED expertise in a fledgling movement that continues to self-destruct.

Sexism is alive and well in these courts as a result, but not the way our society has been programmed to believe, that only men are the villains. In my recent book, Satan’s Docket, I lay out exactly how this anti-father court system operates to turn good dads into the stereotypes ascribed to them. It is carefully depicted with custody trial transcripts in my very own case. That chapter is reproduced here from our past post. Hopefully it will get you motivated to real action beyond your keyboards, ballfields and shopping malls.

Chapter  20

Shopping  with  Martha

To this day, there has been no finding of parental unfitness on my part; no arrest, criminal record, drunk driving charge, marital violence report or involvement of any child protection agency. Indeed, I did not know we had an abusive marriage until I read it for the first time many years later in custody papers. In short, there was nothing to explain how a gang of judicial thugs seized my babies. But they did, and in a manner which would make any dictator or petty tyrant proud.

They did it over time, steadily pecking away like mangy buzzards over an injured animal. And the lucrative structure of proceedings was most helpful in making this happen. We left off in the last chapter with a foreboding to parents hauled into a seemingly innocuous room for a support hearing. But when adding the custody component, the process becomes even more alarming.

There have been many litigation “components” added to the originally consolidated divorce or custody process in our nation’s domestic relations courts. A recent one, for example, is Domestic Violence Court. When we think of litigation, it is commonly understood as a single case with one or many issues ultimately decided by a single trial judge or jury.

The logic behind this is that we can’t have separate proceedings in different courts between the same parties all conflicting with one another. As the upcoming court excerpts will verify, a disjointed structure tortures due process whereas a consolidated judge is more familiar with all petitions, motions and interrelated proceedings. Under the current system, frustrated judges become hostile to other judges at the same trial level competing for jurisdiction. Litigants with diverse perspectives then complicate matters further to become the ultimate, innocent victims.

There are judge-made laws such as res judicata and collateral estoppel which support joint proceedings under a traditional framework. It’s not only good for a sane justice system but also our taxpayers who foot the bills for judges and court personnel. In divorce and family court, the structure defies this logic like outer space defies gravity. And this means higher taxes.

The reason for that, once again, is lawyer greed and predator enrichment. Once marital dissolution and property distribution are completed by a general jurisdiction divorce judge, related issues of child support and custody are routinely sent down to family courts of limited jurisdiction. The support component is then sent down further to the basement of these courts, a hearing officer, referee or magistrate who could even be a practicing part-time attorney.

The sending court has the complete authority to decide all such issues or litigation components which the receiving court does not. In a sort of elitist “slight-of-hand,” a separation has occurred where the lowly “kangaroo” court is accorded a “specialized” role. These family courts are still trial courts like the greater jurisdiction divorce courts, but they have no ability to call juries or foreclose on a home, for example. Confusing, maybe, but stick with me. It’s important.

This peculiar separation is indicative of the low esteem placed in our family court system, one which creates all sorts of profiteering, public confusion and nightmares for the litigants. And just when you thought it was safe to come out, the original trial court splits again like an amoeba or cellular mitosis into a lot of other courts while adding an extra costly tier to the appeals process.

Unlike other states and our federal government, New York’s Supreme Court is the trial court of general jurisdiction which simply means that its tentacles can reach to just about anyone and anything. The rationale here is that even the middle level Appellate Division of that Court and the state’s high Court of Appeals have limited jurisdiction (appeals and extraordinary actions). Indeed the trial level Supreme Court has been abused to exceed even its constitutional authority.

A precedent example is the case of Maron v Silver, [1] the judicial “pay raise trilogy,” where New York’s chief judge on its high court and various lower level judges sued the Governor and Legislature for pay raises in its own trial court (Supreme Court). Clearly a violation of the constitutional separation of powers, the lawsuit was filed and accepted anyway as a declaratory judgment action to gain publicity and influence, purposes that are routinely deemed frivolous and subject to sanctions if brought by commoners or our taxpayers.

The case got to the state’s high court despite nightmarish conflicts of interest. Not surprisingly, the court ruled that all state judges deserved substantial raises. The other branches defied that ruling but eventually granted the raises through the proper political process. I used that precedent to challenge the lucrative structure of divorce and family courts, but it has not been mentioned in any federal or state decision to date. I guess if it’s never mentioned, it never happened.

My public stands for equal justice did not get me invites to bench and bar banquets, but getting back to what’s truly important, in support court, the hearing officer or magistrate is appointed and not elected as family judges typically are. This was justified by making family judges the first step of a support appeal process, a sort of appeals court within a trial court concoction. Then you get to the middle level appeals court (not so middle any more), the state’s high court and finally, the United States Supreme Court which accepts about a hundred cases globally each year.

The standard (less costly) three stage appeal process is now four (or five if a federal law issue takes you to the very top). It gets worse, and this is where the deceptive snake strikes again. The support officer renders findings which are typically rubber stamped in a “confirmation” hearing by the elected family judge. The original (sending) judge is long gone, and the middle level appeals court rarely interferes with the non-final decisional process of our family courts. That makes your politically appointed hearing officer the Supreme Court for all intents and purposes.

And this judge wants a pound of your flesh through the Title IV-D funding program. In this manner, judicial impartiality has been surrendered to the almighty buck. Support court was separated from the custody and divorce process not because there is no correlation, you learn the truth when the custody judge emphasizes that child support is a key factor there. It is separated because the decision process can be expedited to get more federal dollars sooner along with interest revenues at support collection centers, effectively a giant state bank.

Because most states comply with the federal program, this structure reaches insanity with the naming and assigning of trial level judges to these various “courts.” Some are elected, others are appointed, still others are transferred, and then there’s some you have no idea how they got there. Like a smorgasbord or jack-in-the-box, you never know what you’re going to get, or when, in a process which decides the fate of your parent-child relationships to impact future generations.

To bring this all home, after denial of my first consolidated appeal of divorce and family court orders in March, 2009, my split support and custody cases were assigned to judges elected in far-away places and not the county where my case was filed. It forced us to make entire day trips even for half hour appearances. I know this is sounding crazier than ever if you have a rational mind but it did happen, and the resulting orders cost me my children and my law license.

Politician James “Bond” Tormey is the administrative judge who made these assignments. Remember he’s the guy sued by his chief family court clerk due to unlawful retaliation for her refusal to conduct “political espionage” beyond her job description. She recovered $600,000 after being reassigned to the same far-away places. I was denied such recovery in the same federal court because judges are still immune from litigant recovery but not employee lawsuits.

My child support case was assigned to Supreme Court Judge Michael Daley as an “Acting Family Court Judge” and my custody case was assigned to a Family Court Judge Martha Walsh-Hood as an “Acting Supreme Court Judge.” This really did happen. To this day, I still cannot figure out how that came about especially after Tormey removed Daley previously from my custody case and returned it to the original divorce judge, John Grow. Stay tuned, it gets better.

Judge Daley was set to confirm a willful support violation on May 26, 2009. It was found against me by a non-elected hearing magistrate, George Getman, a/k/a, G. Stephen Getman, who had been suspended as an attorney for a mere six months after admitting to misappropriation of more than $7,000 in client money. [2] He denied my pre-decision motion for his removal from my case.

I was not physically present at the Daley confirmation hearing due to the set-up I was logically perceiving, a jail term ambush. Instead I called in by phone from a remote location. On the hearing transcript that day, prior to my call, Judge Daley opened the hearing with a bombastic pitch that he was somehow assigned to this support case and he “did not know how it got here.”

Seriously Mike? Or was that simply a deflection to make this appear to be an impartial hearing for record purposes? Moments later, I called in and immediately challenged his authority while reminding him of a motion which had been filed for his disqualification. That motion was based on his removal earlier from a highly politicized client case which made Daley look bad publicly.

Daley’s removal there resulted in a dismissal of a six count felony indictment contrary to a guilty plea he had been seeking. A jury and replacement judge saved my client’s career. In parting remarks on the removal record, Judge Daley assured me that he would share my “histrionics” with a replacement judge in his home county where fortunately the case was not reassigned.

So if you still don’t believe that judges talk behind the scenes to target critics, here you have a public declaration showing that they do. Daley never did set up a hearing for his disqualification as he promised on the record in 2009, but he did violate me months later in a decision with no mention of the foregoing. It led to my first license suspension on February 5, 2010. The media learned of it before I did, and the news was front page for two successive days.

At the end of the telephonic transcript of May 26, 2009, Judge Daley concludes that he had always found me to be respectful and courteous to the court. So here we have a compliment regarding my professionalism from a hostile judge who had known me for over twenty years. With that backdrop, we turn to the custody component of my ordeal which was assigned virtually overnight to Syracuse Family Judge Martha Walsh-Hood. She was meeting me for the first time.

On July 20, 2009, the parties appeared for our first custody trial. A reading of the case record would confound any legal expert and make a truly impartial judge want to adjourn proceedings just to get a better handle on things. How we went from Supreme Court to Family Court and back to Supreme Court with a family judge presiding as the eighteenth trial jurist is perplexing enough but familiarity with the subject matter is crucial to decisional competency on any case.

And that is what led to the unraveling of Martha’s fake neutrality, her underlying bias against fathers generally and this one in particular. As this week-long custody trial progressed, it became increasingly evident that her mind had been made up. The outcome was a done deal on multiple counts no matter how much faith I supplied to our justice system, no matter how many witnesses I brought, no matter what it cost the people affected by it. By the time it was over, I would storm out of the court room after condemning the entire process as one giant fraud on the people.

The opening segment of trial transcript will verify the flawed structure and chaotic process which federal judge, Gary Sharpe, blamed on me in a May, 2014 dismissal of my consequential civil rights case. Among other things, Gary never even mentioned my procedural (judge bias) and substantive (conscience shocking) due process challenges to this bizarre, multi-faceted state proceeding. As for the state judge presiding over my custody trial, it can be seen how unfamiliar Martha Walsh-Hood was with it, yet she pressed forward anyway with assorted excuses: [3]

Walsh-Hood: Okay, good morning. Well, I’ve spent some time trying to become acquainted with this rather voluminous file, and my intent in scheduling the earliest possible court date was to try and address the… some of the issues which both parties have raised in a number of different courts… Given the fact that Judge Greenwood had scheduled the matter prior to his recusal for July 20th, I readjusted my court calendar…

(After dismissing three petitions on consent, the judge proceeded with others): With regard to the support issue, it’s my understanding that (it) was originally heard, I believe, by Judge Caldwell (who never heard any issue after stepping down at the outset).

 Mr. KoziolThere were some eighteen judges on this case (2006 thru 2009)…

Walsh-HoodI understand.

Mr. KoziolAs far as the support issues go, and the intertwined, interwoven (proceedings), having been here from the beginning, perhaps I can best speak to that history (neither the child lawyer, William Koslosky nor mother’s latest attorney, Rebecca Crance, had been present for the entire history).

Walsh-HoodWell, I’m not so much concerned about the history, although I did go through it. My understanding is that the support issue was in fact heard, that there is a willful component to that hearing, that is, in fact, before Judge Daley.

Mr. KoziolThat’s correct, who was previously removed from the case, and he’s back for some reason that he didn’t seem to understand… I don’t know how that’s going to resolve itself.

Walsh-HoodBut from my selfish perspective… all matters relating to support are before another judge, although I do understand that under Eschbach and Friederwitzer (case precedent) in custody (decisions), support can be a factor considered…  Further it’s my understanding that the Judgment of Divorce (Judge Grow decision) is now on appeal as well as issues relative to, Mr. Koziol, your original request for a change of venue (change of location to a remote judicial district)… I think the venue change has actually been accomplished through a number of recusals…to be heard by the Appellate Division. In fact there’s a federal action pending for some of the same relief that’s before this court…”

Mr. KoziolThat’s right.

Walsh-HoodEven given that situation… there are applications by both parties in Supreme Court and Family Court (both trial courts in New York)… both parties are seeking custody and allegations of contempt, or at least Mr. Koziol has of Mrs. Hawse-Koziol. Is that everybody’s understanding?

Mr. KoziolI don’t know if you’re characterizing it as I see it, but Ms. Hawse has been allowed to go through support court, she’s gone through all that process, while my petition against her for violating parenting orders, and I want to get to this past weekend, once again I was deprived of an entire weekend with my children… For now, in terms of the narrow framework of pending petitions is concerned, it’s my contempt against her that has been held in abeyance for a couple years.

Walsh-Hood(after denying my motions for removal of William Koslosky as Judge-Appointed Child Attorney and Walsh-Hood as presiding judge)… I don’t feel there is any reason for me to step down as other judges have done. You stated yourself, very eloquently I may add, that matters have been pending in the court which have not been heard since 2007. The day has come, sir, for those matters to be litigated… if you feel uncomfortable in proceeding today, though I’m sure you are capable of doing so, then Ms. Crance (mother’s lawyer) can proceed first, and that would give you a little additional time… Ms. Crance, are you willing to do that?”

Ms. CranceYes.

Mr. KoziolNo, Judge, I’d like to be heard.

Walsh-HoodSure.

Mr. KoziolObviously you haven’t read the petition and you’re making a determination before reading the content of it, which is not your fault because you were just served today.

Walsh-HoodI was just served.

Mr. KoziolThere’s a good reason for that, if you’re ready.

Walsh-HoodGo ahead.

(I explained that the past weekend was unilaterally denied with my children for tactical reasons. I needed that time to recall events necessary for my proofs. The judge quickly interrupted to attack me only, citing improper child preparation which was not my issue. That weekend was denied to rehabilitate bonds with the mother’s parents from another state, her only witnesses. Citing her 90% dominant period since child birth, I challenged the inherent prejudice in my petition served that following Monday morning, the custody parent’s violation of my weekend parenting rights to impair my ability to present any kind of case for custody, petitions unfairly delayed for so long. The judge responded:)

Walsh-HoodYou know what I’m going to do, Mr. Koziol, before hearing your argument, I’m going to take a ten minute recess. I’m going to review your papers, and I’ll allow you to be heard and then I’m going to rule on the motion.

As expected, the motion was denied, but it can be seen how Judge Walsh-Hood was ready to start this trial without having concededly read my violation petition. Moreover, she claimed readiness to proceed without the standard first appearance or pretrial conference which sets the scope of trial ahead of time. Here in this opening interplay, Walsh-Hood is setting her scope on support, custody, contempt and other petitions after dismissing three on consent of the parties.

Setting aside the unprepared judge for the moment, how is a lawyer or litigant to know what proofs and witnesses to subpoena or present before a court more than fifty miles from our homes with this sudden and dramatic change of scope? She tried to justify herself by citing years of delay but these were caused by a denied venue change and as many as eighteen prior biased judges. Rushing proceedings now proved to be a grave error because it only forced me to correct this unprepared judge as evidenced in her claim that Judge Caldwell had been highly involved.

This expedited trial was nothing more than a “show trial” with a predetermined outcome. It is all that was necessary to validate my challenges to a structurally flawed process under the federal child support funding statute. This judge knew exactly what I was asserting but did everything she could to protect the system. The appellate and federal judges reviewing this did the same.

Because a formula under that law requires parents to name a custodial parent at the outset of any legal separation or divorce, a father is typically prejudiced due to his gender in a later custody proceeding especially if it is delayed for years as it was here. There was no need for this “show” trial. Structurally, the decision was already made and only the legal representatives benefitted.

As a full time teacher, Kelly’s stubborn adherence to tax free support and a replacement dad forced me to make this challenge which resulted in the seizure of my joint custody rights by the time this trial was over. My custody (parenting) petitions were delayed while support was expedited due to state court funding priorities over the paramount interests of the litigants. A fairly treated parent is a happy one who will work overtime to support children out of love alone. But discrimination and forced labor, like slavery, will promote conflict and costly resistance.

It can also be seen how courts and processes are needlessly segregated for profit. With so many places to go and duplicative arguments to make, lawyer profits are magnified many times over. Even this judge was forced to admit that child support is a factor in custody proceedings. So why separate the two with the kind of prejudice and confusing outcomes demonstrated here?

All of these issues could have been resolved in one divorce court having full jurisdiction over them. Instead, the federally induced framework produced at least three trial courts handling divorce, support and custody, each struggling to figure out the scope of proceedings. As the costs and job impairments mounted, so did the anger between parents. This yields even greater profits for the court predators in cases all across the country.

Another due process anomaly is seen in the reversal of the order of presentment. As the custody petitioner, I had the benefit of starting with my case-in-chief. Instead, to make this system work, the responding party was allowed to go first. It was fatal to my case because surprise testimony such as “striking my child on one occasion,” caused me to stand up and call the mother-in-law a bald-faced liar. I simply could not control my outrage over a non-existent strike of either child.

There was no such accusation ever made by anyone in the prior record, the petitions, the public or in any incident report. Even the scheming and spiteful mom, by my recollection, never made such a claim. And although the decision did not accept that claim, it was clear that my reputation on all fronts was under attack in this one-sided hearing. Still, with each reaction, Walsh-Hood was taking notes to support her intended outcome.

It got to a point, like the gmai.com concoction in later proceedings, where custodial lies were coming out left and right. I even excused myself on one occasion as my emotions could not be contained in the onslaught. This was not an American court proceeding. It had been transformed into a star chamber, a show trial like the ones in Nazi Germany or Soviet Russia, a gang assault.

Here there was no true judge. A self-styled procedure emerged as a form of punishment for a litigant who rightfully exposed a lack of preparedness on the part of the hastily assigned decision maker. I should not have had to correct a judge facing needlessly overcrowded dockets anxious to wrap up a case with a mind already made up. With each correction, there arose resentment which, as we will see, grew as this trial progressed.

The reversal in presentment also allowed my custody adversary to derail my accurate position, unwavering for years to this point, that I wanted shared parenting or near equal time with my daughters. I was not seeking to selfishly dominate my children through a full custody demand as the mother was. It is well known that early impressions are hard to overcome, and Kelly Hawse managed unabashedly to assert that I wanted such a shared arrangement to avoid paying child support. It was during her direct opening testimony with nothing but her mouth to prove it.

This was not only a gross anal concoction obtained from a custody playbook but it was countered by everything realistic, from a voluntary forty-five percent support increase offered in 2006 to a successful career in which money was never an issue, at least not until the speech retributions were inflicted. Even if we were to accept this concoction as true, why should money matter at all to a model father who simply wants to spend more time with his daughters? This is where a pay-to-parent scandal is proven under this antiquated custody system.

Anxious to feed into the stereotypes, Judge Walsh-Hood took this support avoidance concoction to an absurd level by requesting that I stop pointing my pen in my adversary’s direction when making an objection. Somehow this was intimidating her, even though the alleged victim made no such claim. This was not only a clear showing of gender bias and the direction this case was headed, but it incited Kelly to make idiotic fear claims in later proceedings.

For example, after Walsh-Hood disqualified herself the next year, during continuing proceedings before Judge Pirro-Bailey in 2011, a desperate Kelly Hawse-Koziol interrupted court arguments between lawyers to announce a fear of my body language. It caused that judge to direct her to face the wall if she truly felt that way. This is how pathetic the gender card has become despite having all of her offense (fear) petitions thrown out over a ten year period.

This is no small matter for the general public. During the same year in the same Syracuse courthouse, I watched curiously as a security officer was escorting Kelly to her vehicle beyond view of the courthouse. It prompted me to investigate. While doing so, violence erupted in the hallway involving a chained inmate. Additional security was called in while one of them was placating a mom’s custody playbook. I reported the safety issue to the court’s chief officer, Judge James “Bond” Tormey. Nothing came of it other than the potential for more lawsuits. [4]

At the same time, Kelly showed no fear during child exchanges or outside events, even asking me during a chance encounter at Lake George to watch our girls while she went off to get towels. Despite such testimony, none of it mattered. I struggled with a novice lawyer who repeatedly failed to lay proper foundation for her questions, i.e. dates, locations, etc. while the judge became more fixated on a writing implement than proper evidence for decision. Here is the relevant interplay which poisoned later proceedings and public safety in our courts: [5]

CranceHas Mr. Koziol relayed to you his desire to have shared or half parenting time?

Hawse-KoziolYes.

Q: Has he… what is your understanding as to why he wants shared parenting time?

A:  So he doesn’t have to pay child support.

Mr. KoziolHave I told you that? Objection, please, can I go back? When did I say this?

Walsh-HoodOkay, you’re objecting for foundation?

Mr. KoziolRight.

Walsh-HoodI’m going to ask you not to point, counsel. I’m just asking you not to point.

Mr. KoziolYour honor, I have a pen in my hand, if the record can please reflect this. I flipped the pen in her direction, I meant her, so we can find out from her. I don’t understand that to be a negative or somehow an influential statement based on what we’ve been through.

Walsh-HoodCounsel, we just had testimony about a number of alleged domestic violence incidents. [6] You were objecting as to foundation, which is fine. You are somewhat animated at this time and you have the pen pointed. She was indicating some incidents, and I don’t want her to feel intimidated. I’m not suggesting that you’re trying to do that. I’m simply requesting that you not point the pen… That you were holding and taking notes, and I…

Mr. KoziolIn response, Judge, to make it clear so I don’t get accused of that, I’m going to put my pen down, I will no longer write. That is habit. 

Walsh-HoodNo, no I’m not suggesting that you’re intentionally pointing at her, I’m asking you not point the pen, that’s all, in her direction. If you want to point it in my direction, go ahead… (but not the witness)

Mr. KoziolJudge, I would just like the record to reflect my understanding, I did point it in the direction of the bench and her, but I don’t know how I’m animated at this point. I don’t see it, but if you do, I’m going to have to leave it at that. I’ve been very respectful, very calm (to this witness), it’s emotional… I’m non-responsive to most things here. I want that for the record because there is no video camera here.

Walsh-Hood:  I don’t believe so, though there are cameras in the hall and other places.

I had been litigating trials unblemished in both federal and state courts for more than twenty-three years at the time of this pen-pointing admonition. Never had I been restrained in this manner, indeed, not even in the many support, custody and violation proceedings as a pro se litigant before and after this directive. A look at the courtroom would show how the bench and witness stand were in close proximity to one another. It would therefore be nearly impossible for me to point at one and avoid the other, yet one more example of contempt by ambush.

Despite Martha’s back-peddling, this was a clear anti-man edict corroborated by a court officer thereafter who advised me that Walsh-Hood had an anti-father record in Syracuse. How does one control a pen while objecting as a habit over so many years? Incidents like this were many, but exemplified here to show the uphill battle good fathers face every day in these courts and why so many of them are forced out of their children’s lives. There was no finding of physical abuse in the ultimate decision, but when I stormed out at the conclusion, I will admit I was very animated.

After so many witnesses (only the parents on her end) and proof, time, sacrifices, cost and good faith, this feminist in a robe was not going to get away with her sexist brand of deliberations. I promptly reported her to the state Judicial Conduct Commission and sued her in federal court. Unfortunately male litigants are also discriminated there. Imagine if a woman lawyer had been flipping her pen during an objection at a male witness. It goes on all the time. Would Martha dole out the same admonition to derail her concentration, confidence and flow?

During this trial, Koslosky and Walsh-Hood took issue with nearly every witness and positive aspect of my “non-custodial” parenting time while accepting virtually everything the “custodial parent” had to offer. Even my campaign parades were attacked as an exploitation of my children who enjoyed them so much while throwing candy to others along the parade route. The shocking aspect here is that one would expect such auspicious events to be lauded in a genuine child-oriented court. Instead, in “Family Court,” heroin addicts are being reunited with their children.

One of Martha’s colleagues, Family Judge Randy Caldwell (mentioned in her trial opening), paraded with children and relatives during this same campaign year as did every other candidate I knew. Indeed, I dare say, Martha herself was parading at one time alongside her dad when he campaigned for Congress. But Walsh-Hood, “Agent 007” Tormey and politically correct judges of an opposite party evidently render such “exploitation” a-okay in those identical situations.

On the last day of trial, a steady flow of provocation culminated in a seizure of my notes on the witness stand when I finally testified. Walsh-Hood had entered an order I had never experienced in any self-represented context. She wanted me to present testimony in question-answer format which I could not do under such short notice and, as stated, the lack of any pretrial conference. We compromised with a note version and exhibits necessarily taken with me to the stand.

At one point during convincing testimony, “F. Lee Billy” Koslosky objected on yet another anal ground of reading testimony from my notes. That was not the case, of course, as proven by the lack of ethics charge threatened by Judge Hood before “the Fourth Department” licensing court. Now, even the lawyers were being favored as their notes were never scrutinized. I had no lawyer, but the judge began referring to me as “counsel” presumably as a predicate for such an ethics charge despite the obvious fact that I was not acting in that capacity. I also had no client.

By the time the trial was concluding, I had no notes to convey ten years of events I could never independently recollect, my pen was now a weapon of intimidation, every anal detail about a model parent was being twisted and debated to absurdity, and my daughters had been exploited to advance a prominent career which would have benefitted them immensely. Finally, I had had enough and asked to be excused from the witness stand. I did not come here to be abused by a gang of misfits. A judge deserves only so much respect as she reciprocates as a public servant.

Judge Walsh-Hood must have recognized her dilemma because she tried to discourage my exit. But now the hostility was brazen. I was not about to legitimize this bizarre proceeding with any more of my valuable time while elevating the probability of a serious outburst. I was not about to do time for contempt of a kangaroo court. I persisted with my request, and she finally excused me. As I exited with my girlfriend, I made an impromptu closing statement condemning the lunacy of this sexist tribunal. My parenting time was immediately suspended.

That suspension was removed on the judge’s own initiative three months later but re-imposed in November, 2009 after my newly fired secretary teamed up with Kelly to allege threat antics. Although I got my girls back after a May 3, 2010 hearing, ten months of contact and precious bonding time were lost which I will never recover. Such seizures in lucrative custody contests lead to children without parents, and with severe un-remedied alienation, it is often permanent.

Two years after this trial, Judge Martha Walsh-Hood was featured on roadway banners promoting National Adoption Day. In response, I featured a website post entitled Shopping with Martha on Black Friday. It was a satirical piece decrying the manner in which Martha was exploiting her judgeship to promote a sale of children functionally orphaned in family courts.

After my departure from “her” court on July 24, 2009, child attorney, William Koslosky, disclosed a domestic violence incident at his home fifty years earlier during closing statements.

What any of this had to do with my case I’ll never know, but I found it buried in costly trial transcripts, a treasure trove of billable hours on behalf of grade school clients who could never hold him accountable. I also found fables, serious provocations and tales of horror which might be described as a love affair with a fictional girlfriend.

In this particular court case, her name was Kelly Hawse, a victim supposedly locked in her marital home (while I lived our last year of marriage at a Lake George apartment), subjected to meritless lawsuits to keep her subservient (when she filed the first one over child support which was never increased and continued with a series of fear lawsuits that were all thrown out), evinced fine skills as a teacher (petitions replete with grammar errors) and distinguished herself as a mother who loved all things (like the millionaire dad who could buy her all those things).

It was abundantly clear that Billy Koslosky was on a mission of revenge, abusing his entrusted role and tax dollars to murder exemplary father-daughter bonds. He actually had the audacity under protection of court security to accuse me of “terrorizing” my children, an accusation which if made in my presence could have sent him out the court window. Once again, fate had spared us all a disaster due to my pre-closing departure which Billy pathetically exploited.

This terrorist thing is being exploited these days by thoughtless provocateurs to advance their wallets and purses without regard for the potential consequences. Terrorists fly planes into buildings. They don’t pursue proper channels for the resolution of disputes. I visited the Trade Center ruins on the day after 9-11 to volunteer what I could to aid the victims. Comparing me to a terrorist as Judge Gartenstein had done to Professor Pappas (Chapter 3) is an assault upon my patriotism in addition to my fatherhood.

Apparently Billy had been using the terrorist depiction in a lot of cases because he also used it to describe his relationship with his own dad. As he explained it, little Billy was “terrorized” by his police man dad during a dinner argument a half century ago. Somehow dad’s uniform and gun made him dangerous. Somehow F. Lee Billy had beamed himself up to la-la land as he raked in the easy dollars. It was as if that fictional hoard of media had returned, O.J. Simpson nodding with glee, and Judge Ito ready to give Billy eight more months, if needed, to play to the fanfare.

Billy’s closing statement reflected a childhood contempt for his dad which he simply transferred to his latest target in a now infamous tragedy we call the Potato-Police Rescue. [7] How can such a strange bird be allowed to represent children against their fathers? I asked that question before many courts to no avail. They simply looked the other way, and that only elevated the abuse in later proceedings. At nearly sixty years of age at the time, this was no way for Billy to compensate for personal defects or a lack of marital and childrearing experience. You be the judge:

One thing that I remember is disagreement between my mom and my dad. My dad was a policeman and one day he came home and he was mad because we didn’t have red-skinned potatoes and all that she could say is we have Yukon Gold, and I was terrorized. I’d never seen dad arguing like this and, my God, he’s in the police uniform with a gun. What is he going to do? So I went to the store to get red-skinned potatoes and I don’t like Yukon Gold.

If there is any purpose to a judge in any proceeding, it is to control it so that sanity, justice and civility may prevail. Wide latitude is generally given to lawyers in closing statements, but in this case, it was a custody proceeding, not a high-profile murder trial. There is no way my daughters, aged five and seven at the time, would have approved of their involuntarily appointed lawyer referring to their daddy this way. It was the appointing judge’s duty to prevent it. But Walsh-Hood was evidently enjoying this all with sadistic satisfaction. Another judge might have cut Billy off:

Mr. Koslosky, this is family court, not criminal court. What’s with all the terrorism in your characterizations of an American father seeking proper relief here? There’s no jury, and such colorful depictions will not influence me. I’ve heard and seen all the evidence as you have. There’s nothing to support any of this. No child protection agency has even been contacted, let alone involved. And I could care less about your own dad and whatever went on with these potatoes. Confine yourself to the record, and let’s move on, alright?

As stated, the adversarial custody system is archaic and utterly counter-productive to cooperative child rearing arrangements. Here we have sick proof of this, a fee-loving lawyer appointed for unsuspecting children who is throwing gas on a fire ignited by the court process itself.

One month after this closing statement, an off-duty policeman without gun or uniform in our region committed a murder-suicide leaving four children without parents. He did so with a common kitchen knife despite protection orders after being abused in the same Family Court. [8] So if you ever hear about some divorce victim shooting up a courthouse, understand how easily it can occur. There is no accountability for the arrogant judge or reckless lawyer who incites needless violence.  

 

[1]   Maron v Silver, 14 NY3d 230 (2010); Chief Judge v Governor, 884 NYS2d 863 (3rd Dept 2009)

[2]   Matter of G. Stephen Getman, 147 Ad 2d 163, 542 NYS 2d 896 (4th Dept 1989)

[3]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript

Vol. I at pg. 2-30 (July 20, 2009)

 

[4]   Morin v Tormey, 626 F.3d 40 (2nd Cir. 2010)(Chief family court clerk recovers $600,000 in 2012 against court

administrator, Judge James Tormey, for directing “political espionage” at Syracuse courthouse)

[5]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript,

Vol. II at pg. 230-233 (July 20, 2009)

[6]   While stressing these alleged domestic incidents corroborated by no witness or independent proof, Judge

Walsh-Hood was likely manufacturing her own proof here for later decision. That decision made no mention of

an off-duty sheriff deputy, posted inside my home, who witnessed an assault by the mother during a child

exchange. By opening the custody record to pre-divorce periods, Walsh-Hood was also able to facilitate false

claims at the marital home where no witnesses were present. There was never an incident report during that

remote period, and although physical abuse was never found, there was no accountability for the fabrications.

[7]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript,

Vol. V at pg. 857-858 (July 24, 2009)

 

[8]   Pearce v Longo, 766 F. Supp. 367 (NDNY 2011)

 

Shopping with Martha (Judge Martha Walsh-Hood) on Black Friday

 

Martha Walsh Hood With Glasses
This post is dedicated to Syracuse family judge, Martha Walsh-Hood

By Dr. Leon R. Koziol

Parenting Rights Institute

Today we take you into the courtroom, my first custody trial conducted in the Syracuse coliseum known as Family Court. This is the same forum which featured a pedophile child custody judge, Bryan Hedges, 20 NY3d 677 and judicial espionage agent, Chief Judge James (Bond) Tormey, Morin v Tormey, 626 F.3d 40.

Yesterday was Thanksgiving Day across America, when countless parents were denied time with their children because of an antiquated custody system designed to enrich lawyers .Today is “Black Friday” when the same persecuted parents will find it hard to satisfy their loved ones at the malls because those same lawyers have taken their money to create needless court issues for profit, leaving less or nothing for Christmas presents.

You are now connected to one of the most informative and active parenting rights sites in America. Judges, lawyers, ethics agents, law enforcement and politicians regularly check in along with our supporters. So you’re in good company, and that has to tell you something. We have proven ourselves as experts in the corruption field. Nevertheless we remain grossly under-financed and devoid of staff necessary to become a formidable “Judicial Watch” over our divorce and family courts.

The reason for this is that the victims continue to engage in keyboard attacks to no one who cares while sending donations to their enemy lawyers instead of us. One former ally made this highly misguided move despite his professed knowledge of the epidemic. He paid thousands of dollars to a loser lawyer and ended up losing everything as a predictable consequence. Not one dime was spent here to put his “money where his mouth was.”

And so the abuses escalate. You may think that the abusers are principally men, those public figures accused of “groping” women 20 and 30 years ago by scary looking victims collecting unemployment or welfare behefits, the attention seekers paid to make the accusations without prior report or resistance. Yes the insanity of today continues to reach new heights.

Well there are countless women in those same positions engaged in the same form of sexist behavior. Today we bring you Syracuse Family Judge Martha Walsh-Hood, a closet man-hater who presided over the “show trial,” Koziol v Hawse-Koziol. Shortly into proceedings, a court agent disclosed confidentially in the outer “Halls of Justice” that Martha was an anti-father judge. Evidently, under her “rule of law,” only women can make for fit parents, even the drug addicts that are suddenly “rehabilitated” to earn their “custody” rights back.

On Black Friday, 2011, Martha was featured on highway banners and advertisements as a promoter of the Fifth Judicial District adoption campaign. Put simply she was facilitating the destruction of parenthood through this barbaric, lawyer-enriching custody system and placing the victimized children (collateral damage) onto the shopping market of strangers that include closet pedophiles and coke-heads. We therefore featured a highly popular post, Shopping with Martha.

Today we bring you an entire chapter of the newly released book, Satan’s Docket: Corruption and Carnage in America’s Divorce Industry. I authored and published it based on two decades as a trial lawyer and ten years as a parent in these courts. Not surprisingly the chapter is titled, Shopping with Martha. And what a chapter it is! This is our holiday gift to you, the parents we strive to serve and protect across the country. Here you are not alone. In this chapter you will be taken inside the courtroom, a treat which one of our book review experts found very rewarding. You may too.

Judge Martha Walsh Hood

Chapter  20

Shopping  with  Martha

To this day, there has been no finding of parental unfitness on my part; no arrest, criminal record, drunk driving charge, marital violence report or involvement of any child protection agency. Indeed, I did not know we had an abusive marriage until I read it for the first time many years later in custody papers. In short, there was nothing to explain how a gang of judicial thugs seized my babies. But they did, and in a manner which would make any dictator or petty tyrant proud.

They did it over time, steadily pecking away like mangy buzzards over an injured animal. And the lucrative structure of proceedings was most helpful in making this happen. We left off in the last chapter with a foreboding to parents hauled into a seemingly innocuous room for a support hearing. But when adding the custody component, the process becomes even more alarming.

There have been many litigation “components” added to the originally consolidated divorce or custody process in our nation’s domestic relations courts. A recent one, for example, is Domestic Violence Court. When we think of litigation, it is commonly understood as a single case with one or many issues ultimately decided by a single trial judge or jury.

The logic behind this is that we can’t have separate proceedings in different courts between the same parties all conflicting with one another. As the upcoming court excerpts will verify, a disjointed structure tortures due process whereas a consolidated judge is more familiar with all petitions, motions and interrelated proceedings. Under the current system, frustrated judges become hostile to other judges at the same trial level competing for jurisdiction. Litigants with diverse perspectives then complicate matters further to become the ultimate, innocent victims.

There are judge-made laws such as res judicata and collateral estoppel which support joint proceedings under a traditional framework. It’s not only good for a sane justice system but also our taxpayers who foot the bills for judges and court personnel. In divorce and family court, the structure defies this logic like outer space defies gravity. And this means higher taxes.

The reason for that, once again, is lawyer greed and predator enrichment. Once marital dissolution and property distribution are completed by a general jurisdiction divorce judge, related issues of child support and custody are routinely sent down to family courts of limited jurisdiction. The support component is then sent down further to the basement of these courts, a hearing officer, referee or magistrate who could even be a practicing part-time attorney.

The sending court has the complete authority to decide all such issues or litigation components which the receiving court does not. In a sort of elitist “slight-of-hand,” a separation has occurred where the lowly “kangaroo” court is accorded a “specialized” role. These family courts are still trial courts like the greater jurisdiction divorce courts, but they have no ability to call juries or foreclose on a home, for example. Confusing, maybe, but stick with me. It’s important.

This peculiar separation is indicative of the low esteem placed in our family court system, one which creates all sorts of profiteering, public confusion and nightmares for the litigants. And just when you thought it was safe to come out, the original trial court splits again like an amoeba or cellular mitosis into a lot of other courts while adding an extra costly tier to the appeals process.

Unlike other states and our federal government, New York’s Supreme Court is the trial court of general jurisdiction which simply means that its tentacles can reach to just about anyone and anything. The rationale here is that even the middle level Appellate Division of that Court and the state’s high Court of Appeals have limited jurisdiction (appeals and extraordinary actions). Indeed the trial level Supreme Court has been abused to exceed even its constitutional authority.

A precedent example is the case of Maron v Silver, [1] the judicial “pay raise trilogy,” where New York’s chief judge on its high court and various lower level judges sued the Governor and Legislature for pay raises in its own trial court (Supreme Court). Clearly a violation of the constitutional separation of powers, the lawsuit was filed and accepted anyway as a declaratory judgment action to gain publicity and influence, purposes that are routinely deemed frivolous and subject to sanctions if brought by commoners or our taxpayers.

The case got to the state’s high court despite nightmarish conflicts of interest. Not surprisingly, the court ruled that all state judges deserved substantial raises. The other branches defied that ruling but eventually granted the raises through the proper political process. I used that precedent to challenge the lucrative structure of divorce and family courts, but it has not been mentioned in any federal or state decision to date. I guess if it’s never mentioned, it never happened.

My public stands for equal justice did not get me invites to bench and bar banquets, but getting back to what’s truly important, in support court, the hearing officer or magistrate is appointed and not elected as family judges typically are. This was justified by making family judges the first step of a support appeal process, a sort of appeals court within a trial court concoction. Then you get to the middle level appeals court (not so middle any more), the state’s high court and finally, the United States Supreme Court which accepts about a hundred cases globally each year.

The standard (less costly) three stage appeal process is now four (or five if a federal law issue takes you to the very top). It gets worse, and this is where the deceptive snake strikes again. The support officer renders findings which are typically rubber stamped in a “confirmation” hearing by the elected family judge. The original (sending) judge is long gone, and the middle level appeals court rarely interferes with the non-final decisional process of our family courts. That makes your politically appointed hearing officer the Supreme Court for all intents and purposes.

And this judge wants a pound of your flesh through the Title IV-D funding program. In this manner, judicial impartiality has been surrendered to the almighty buck. Support court was separated from the custody and divorce process not because there is no correlation, you learn the truth when the custody judge emphasizes that child support is a key factor there. It is separated because the decision process can be expedited to get more federal dollars sooner along with interest revenues at support collection centers, effectively a giant state bank.

Because most states comply with the federal program, this structure reaches insanity with the naming and assigning of trial level judges to these various “courts.” Some are elected, others are appointed, still others are transferred, and then there’s some you have no idea how they got there. Like a smorgasbord or jack-in-the-box, you never know what you’re going to get, or when, in a process which decides the fate of your parent-child relationships to impact future generations.

To bring this all home, after denial of my first consolidated appeal of divorce and family court orders in March, 2009, my split support and custody cases were assigned to judges elected in far-away places and not the county where my case was filed. It forced us to make entire day trips even for half hour appearances. I know this is sounding crazier than ever if you have a rational mind but it did happen, and the resulting orders cost me my children and my law license.

Politician James “Bond” Tormey is the administrative judge who made these assignments. Remember he’s the guy sued by his chief family court clerk due to unlawful retaliation for her refusal to conduct “political espionage” beyond her job description. She recovered $600,000 after being reassigned to the same far-away places. I was denied such recovery in the same federal court because judges are still immune from litigant recovery but not employee lawsuits.

My child support case was assigned to Supreme Court Judge Michael Daley as an “Acting Family Court Judge” and my custody case was assigned to a Family Court Judge Martha Walsh-Hood as an “Acting Supreme Court Judge.” This really did happen. To this day, I still cannot figure out how that came about especially after Tormey removed Daley previously from my custody case and returned it to the original divorce judge, John Grow. Stay tuned, it gets better.

Judge Daley was set to confirm a willful support violation on May 26, 2009. It was found against me by a non-elected hearing magistrate, George Getman, a/k/a, G. Stephen Getman, who had been suspended as an attorney for a mere six months after admitting to misappropriation of more than $7,000 in client money. [2] He denied my pre-decision motion for his removal from my case.

I was not physically present at the Daley confirmation hearing due to the set-up I was logically perceiving, a jail term ambush. Instead I called in by phone from a remote location. On the hearing transcript that day, prior to my call, Judge Daley opened the hearing with a bombastic pitch that he was somehow assigned to this support case and he “did not know how it got here.”

Seriously Mike? Or was that simply a deflection to make this appear to be an impartial hearing for record purposes? Moments later, I called in and immediately challenged his authority while reminding him of a motion which had been filed for his disqualification. That motion was based on his removal earlier from a highly politicized client case which made Daley look bad publicly.

Daley’s removal there resulted in a dismissal of a six count felony indictment contrary to a guilty plea he had been seeking. A jury and replacement judge saved my client’s career. In parting remarks on the removal record, Judge Daley assured me that he would share my “histrionics” with a replacement judge in his home county where fortunately the case was not reassigned.

So if you still don’t believe that judges talk behind the scenes to target critics, here you have a public declaration showing that they do. Daley never did set up a hearing for his disqualification as he promised on the record in 2009, but he did violate me months later in a decision with no mention of the foregoing. It led to my first license suspension on February 5, 2010. The media learned of it before I did, and the news was front page for two successive days.

At the end of the telephonic transcript of May 26, 2009, Judge Daley concludes that he had always found me to be respectful and courteous to the court. So here we have a compliment regarding my professionalism from a hostile judge who had known me for over twenty years. With that backdrop, we turn to the custody component of my ordeal which was assigned virtually overnight to Syracuse Family Judge Martha Walsh-Hood. She was meeting me for the first time.

On July 20, 2009, the parties appeared for our first custody trial. A reading of the case record would confound any legal expert and make a truly impartial judge want to adjourn proceedings just to get a better handle on things. How we went from Supreme Court to Family Court and back to Supreme Court with a family judge presiding as the eighteenth trial jurist is perplexing enough but familiarity with the subject matter is crucial to decisional competency on any case.

And that is what led to the unraveling of Martha’s fake neutrality, her underlying bias against fathers generally and this one in particular. As this week-long custody trial progressed, it became increasingly evident that her mind had been made up. The outcome was a done deal on multiple counts no matter how much faith I supplied to our justice system, no matter how many witnesses I brought, no matter what it cost the people affected by it. By the time it was over, I would storm out of the court room after condemning the entire process as one giant fraud on the people.

The opening segment of trial transcript will verify the flawed structure and chaotic process which federal judge, Gary Sharpe, blamed on me in a May, 2014 dismissal of my consequential civil rights case. Among other things, Gary never even mentioned my procedural (judge bias) and substantive (conscience shocking) due process challenges to this bizarre, multi-faceted state proceeding. As for the state judge presiding over my custody trial, it can be seen how unfamiliar Martha Walsh-Hood was with it, yet she pressed forward anyway with assorted excuses: [3]

Walsh-Hood: Okay, good morning. Well, I’ve spent some time trying to become acquainted with this rather voluminous file, and my intent in scheduling the earliest possible court date was to try and address the… some of the issues which both parties have raised in a number of different courts… Given the fact that Judge Greenwood had scheduled the matter prior to his recusal for July 20th, I readjusted my court calendar…

 (After dismissing three petitions on consent, the judge proceeded with others): With regard to the support issue, it’s my understanding that (it) was originally heard, I believe, by Judge Caldwell (who never heard any issue after stepping down at the outset).

 Mr. Koziol:  There were some eighteen judges on this case (2006 thru 2009)…

 Walsh-HoodI understand.

Mr. KoziolAs far as the support issues go, and the intertwined, interwoven (proceedings), having been here from the beginning, perhaps I can best speak to that history (neither the child lawyer, William Koslosky nor mother’s latest attorney, Rebecca Crance, had been present for the entire history).

Walsh-HoodWell, I’m not so much concerned about the history, although I did go through it. My understanding is that the support issue was in fact heard, that there is a willful component to that hearing, that is, in fact, before Judge Daley.

Mr. KoziolThat’s correct, who was previously removed from the case, and he’s back for some reason that he didn’t seem to understand… I don’t know how that’s going to resolve itself.

Walsh-HoodBut from my selfish perspective… all matters relating to support are before another judge, although I do understand that under Eschbach and Friederwitzer (case precedent) in custody (decisions), support can be a factor considered…  Further it’s my understanding that the Judgment of Divorce (Judge Grow decision) is now on appeal as well as issues relative to, Mr. Koziol, your original request for a change of venue (change of location to a remote judicial district)… I think the venue change has actually been accomplished through a number of recusals…to be heard by the Appellate Division. In fact there’s a federal action pending for some of the same relief that’s before this court…”

Mr. KoziolThat’s right.

Walsh-HoodEven given that situation… there are applications by both parties in Supreme Court and Family Court (both trial courts in New York)… both parties are seeking custody and allegations of contempt, or at least Mr. Koziol has of Mrs. Hawse-Koziol. Is that everybody’s understanding?

Mr. KoziolI don’t know if you’re characterizing it as I see it, but Ms. Hawse has been allowed to go through support court, she’s gone through all that process, while my petition against her for violating parenting orders, and I want to get to this past weekend, once again I was deprived of an entire weekend with my children… For now, in terms of the narrow framework of pending petitions is concerned, it’s my contempt against her that has been held in abeyance for a couple years.

Walsh-Hood(after denying my motions for removal of William Koslosky as Judge-Appointed Child Attorney and Walsh-Hood as presiding judge)… I don’t feel there is any reason for me to step down as other judges have done. You stated yourself, very eloquently I may add, that matters have been pending in the court which have not been heard since 2007. The day has come, sir, for those matters to be litigated… if you feel uncomfortable in proceeding today, though I’m sure you are capable of doing so, then Ms. Crance (mother’s lawyer) can proceed first, and that would give you a little additional time… Ms. Crance, are you willing to do that?”

Ms. CranceYes.

Mr. KoziolNo, Judge, I’d like to be heard.

Walsh-HoodSure.

Mr. KoziolObviously you haven’t read the petition and you’re making a determination before reading the content of it, which is not your fault because you were just served today.

Walsh-HoodI was just served.

Mr. KoziolThere’s a good reason for that, if you’re ready.

Walsh-HoodGo ahead.

(I explained that the past weekend was unilaterally denied with my children for tactical reasons. I needed that time to recall events necessary for my proofs. The judge quickly interrupted to attack me only, citing improper child preparation which was not my issue. That weekend was denied to rehabilitate bonds with the mother’s parents from another state, her only witnesses. Citing her 90% dominant period since child birth, I challenged the inherent prejudice in my petition served that following Monday morning, the custody parent’s violation of my weekend parenting rights to impair my ability to present any kind of case for custody, petitions unfairly delayed for so long. The judge responded:)

Walsh-HoodYou know what I’m going to do, Mr. Koziol, before hearing your argument, I’m going to take a ten minute recess. I’m going to review your papers, and I’ll allow you to be heard and then I’m going to rule on the motion.

As expected, the motion was denied, but it can be seen how Judge Walsh-Hood was ready to start this trial without having concededly read my violation petition. Moreover, she claimed readiness to proceed without the standard first appearance or pretrial conference which sets the scope of trial ahead of time. Here in this opening interplay, Walsh-Hood is setting her scope on support, custody, contempt and other petitions after dismissing three on consent of the parties.

Setting aside the unprepared judge for the moment, how is a lawyer or litigant to know what proofs and witnesses to subpoena or present before a court more than fifty miles from our homes with this sudden and dramatic change of scope? She tried to justify herself by citing years of delay but these were caused by a denied venue change and as many as eighteen prior biased judges. Rushing proceedings now proved to be a grave error because it only forced me to correct this unprepared judge as evidenced in her claim that Judge Caldwell had been highly involved.

This expedited trial was nothing more than a “show trial” with a predetermined outcome. It is all that was necessary to validate my challenges to a structurally flawed process under the federal child support funding statute. This judge knew exactly what I was asserting but did everything she could to protect the system. The appellate and federal judges reviewing this did the same.

Because a formula under that law requires parents to name a custodial parent at the outset of any legal separation or divorce, a father is typically prejudiced due to his gender in a later custody proceeding especially if it is delayed for years as it was here. There was no need for this “show” trial. Structurally, the decision was already made and only the legal representatives benefitted.

As a full time teacher, Kelly’s stubborn adherence to tax free support and a replacement dad forced me to make this challenge which resulted in the seizure of my joint custody rights by the time this trial was over. My custody (parenting) petitions were delayed while support was expedited due to state court funding priorities over the paramount interests of the litigants. A fairly treated parent is a happy one who will work overtime to support children out of love alone. But discrimination and forced labor, like slavery, will promote conflict and costly resistance.

It can also be seen how courts and processes are needlessly segregated for profit. With so many places to go and duplicative arguments to make, lawyer profits are magnified many times over. Even this judge was forced to admit that child support is a factor in custody proceedings. So why separate the two with the kind of prejudice and confusing outcomes demonstrated here?

All of these issues could have been resolved in one divorce court having full jurisdiction over them. Instead, the federally induced framework produced at least three trial courts handling divorce, support and custody, each struggling to figure out the scope of proceedings. As the costs and job impairments mounted, so did the anger between parents. This yields even greater profits for the court predators in cases all across the country.

Another due process anomaly is seen in the reversal of the order of presentment. As the custody petitioner, I had the benefit of starting with my case-in-chief. Instead, to make this system work, the responding party was allowed to go first. It was fatal to my case because surprise testimony such as “striking my child on one occasion,” caused me to stand up and call the mother-in-law a bald-faced liar. I simply could not control my outrage over a non-existent strike of either child.

There was no such accusation ever made by anyone in the prior record, the petitions, the public or in any incident report. Even the scheming and spiteful mom, by my recollection, never made such a claim. And although the decision did not accept that claim, it was clear that my reputation on all fronts was under attack in this one-sided hearing. Still, with each reaction, Walsh-Hood was taking notes to support her intended outcome.

It got to a point, like the gmai.com concoction in later proceedings, where custodial lies were coming out left and right. I even excused myself on one occasion as my emotions could not be contained in the onslaught. This was not an American court proceeding. It had been transformed into a star chamber, a show trial like the ones in Nazi Germany or Soviet Russia, a gang assault.

Here there was no true judge. A self-styled procedure emerged as a form of punishment for a litigant who rightfully exposed a lack of preparedness on the part of the hastily assigned decision maker. I should not have had to correct a judge facing needlessly overcrowded dockets anxious to wrap up a case with a mind already made up. With each correction, there arose resentment which, as we will see, grew as this trial progressed.

The reversal in presentment also allowed my custody adversary to derail my accurate position, unwavering for years to this point, that I wanted shared parenting or near equal time with my daughters. I was not seeking to selfishly dominate my children through a full custody demand as the mother was. It is well known that early impressions are hard to overcome, and Kelly Hawse managed unabashedly to assert that I wanted such a shared arrangement to avoid paying child support. It was during her direct opening testimony with nothing but her mouth to prove it.

This was not only a gross anal concoction obtained from a custody playbook but it was countered by everything realistic, from a voluntary forty-five percent support increase offered in 2006 to a successful career in which money was never an issue, at least not until the speech retributions were inflicted. Even if we were to accept this concoction as true, why should money matter at all to a model father who simply wants to spend more time with his daughters? This is where a pay-to-parent scandal is proven under this antiquated custody system.

Anxious to feed into the stereotypes, Judge Walsh-Hood took this support avoidance concoction to an absurd level by requesting that I stop pointing my pen in my adversary’s direction when making an objection. Somehow this was intimidating her, even though the alleged victim made no such claim. This was not only a clear showing of gender bias and the direction this case was headed, but it incited Kelly to make idiotic fear claims in later proceedings.

For example, after Walsh-Hood disqualified herself the next year, during continuing proceedings before Judge Pirro-Bailey in 2011, a desperate Kelly Hawse-Koziol interrupted court arguments between lawyers to announce a fear of my body language. It caused that judge to direct her to face the wall if she truly felt that way. This is how pathetic the gender card has become despite having all of her offense (fear) petitions thrown out over a ten year period.

This is no small matter for the general public. During the same year in the same Syracuse courthouse, I watched curiously as a security officer was escorting Kelly to her vehicle beyond view of the courthouse. It prompted me to investigate. While doing so, violence erupted in the hallway involving a chained inmate. Additional security was called in while one of them was placating a mom’s custody playbook. I reported the safety issue to the court’s chief officer, Judge James “Bond” Tormey. Nothing came of it other than the potential for more lawsuits. [4]

At the same time, Kelly showed no fear during child exchanges or outside events, even asking me during a chance encounter at Lake George to watch our girls while she went off to get towels. Despite such testimony, none of it mattered. I struggled with a novice lawyer who repeatedly failed to lay proper foundation for her questions, i.e. dates, locations, etc. while the judge became more fixated on a writing implement than proper evidence for decision. Here is the relevant interplay which poisoned later proceedings and public safety in our courts: [5]

CranceHas Mr. Koziol relayed to you his desire to have shared or half parenting time?

Hawse-KoziolYes.

Q: Has he… what is your understanding as to why he wants shared parenting time?

A:  So he doesn’t have to pay child support.

Mr. Koziol:  Have I told you that? Objection, please, can I go back? When did I say this

Walsh-HoodOkay, you’re objecting for foundation?

Mr. KoziolRight.

Walsh-HoodI’m going to ask you not to point, counsel. I’m just asking you not to point.

Mr. KoziolYour honor, I have a pen in my hand, if the record can please reflect this. I flipped the pen in her direction, I meant her, so we can find out from her. I don’t understand that to be a negative or somehow an influential statement based on what we’ve been through.

Walsh-HoodCounsel, we just had testimony about a number of alleged domestic violence incidents. [6] You were objecting as to foundation, which is fine. You are somewhat animated at this time and you have the pen pointed. She was indicating some incidents, and I don’t want her to feel intimidated. I’m not suggesting that you’re trying to do that. I’m simply requesting that you not point the pen… That you were holding and taking notes, and I…

Mr. KoziolIn response, Judge, to make it clear so I don’t get accused of that, I’m going to put my pen down, I will no longer write. That is habit. 

Walsh-HoodNo, no I’m not suggesting that you’re intentionally pointing at her, I’m asking you not point the pen, that’s all, in her direction. If you want to point it in my direction, go ahead… (but not the witness)

Mr. KoziolJudge, I would just like the record to reflect my understanding, I did point it in the direction of the bench and her, but I don’t know how I’m animated at this point. I don’t see it, but if you do, I’m going to have to leave it at that. I’ve been very respectful, very calm (to this witness), it’s emotional… I’m non-responsive to most things here. I want that for the record because there is no video camera here.

Walsh-Hood:  I don’t believe so, though there are cameras in the hall and other places.

I had been litigating trials unblemished in both federal and state courts for more than twenty-three years at the time of this pen-pointing admonition. Never had I been restrained in this manner, indeed, not even in the many support, custody and violation proceedings as a pro se litigant before and after this directive. A look at the courtroom would show how the bench and witness stand were in close proximity to one another. It would therefore be nearly impossible for me to point at one and avoid the other, yet one more example of contempt by ambush.

Despite Martha’s back-peddling, this was a clear anti-man edict corroborated by a court officer thereafter who advised me that Walsh-Hood had an anti-father record in Syracuse. How does one control a pen while objecting as a habit over so many years? Incidents like this were many, but exemplified here to show the uphill battle good fathers face every day in these courts and why so many of them are forced out of their children’s lives. There was no finding of physical abuse in the ultimate decision, but when I stormed out at the conclusion, I will admit I was very animated.

After so many witnesses (only the parents on her end) and proof, time, sacrifices, cost and good faith, this feminist in a robe was not going to get away with her sexist brand of deliberations. I promptly reported her to the state Judicial Conduct Commission and sued her in federal court. Unfortunately male litigants are also discriminated there. Imagine if a woman lawyer had been flipping her pen during an objection at a male witness. It goes on all the time. Would Martha dole out the same admonition to derail her concentration, confidence and flow?

During this trial, Koslosky and Walsh-Hood took issue with nearly every witness and positive aspect of my “non-custodial” parenting time while accepting virtually everything the “custodial parent” had to offer. Even my campaign parades were attacked as an exploitation of my children who enjoyed them so much while throwing candy to others along the parade route. The shocking aspect here is that one would expect such auspicious events to be lauded in a genuine child-oriented court. Instead, in “Family Court,” heroin addicts are being reunited with their children.

One of Martha’s colleagues, Family Judge Randy Caldwell (mentioned in her trial opening), paraded with children and relatives during this same campaign year as did every other candidate I knew. Indeed, I dare say, Martha herself was parading at one time alongside her dad when he campaigned for Congress. But Walsh-Hood, “Agent 007” Tormey and politically correct judges of an opposite party evidently render such “exploitation” a-okay in those identical situations.

On the last day of trial, a steady flow of provocation culminated in a seizure of my notes on the witness stand when I finally testified. Walsh-Hood had entered an order I had never experienced in any self-represented context. She wanted me to present testimony in question-answer format which I could not do under such short notice and, as stated, the lack of any pretrial conference. We compromised with a note version and exhibits necessarily taken with me to the stand.

At one point during convincing testimony, “F. Lee Billy” Koslosky objected on yet another anal ground of reading testimony from my notes. That was not the case, of course, as proven by the lack of ethics charge threatened by Judge Hood before “the Fourth Department” licensing court. Now, even the lawyers were being favored as their notes were never scrutinized. I had no lawyer, but the judge began referring to me as “counsel” presumably as a predicate for such an ethics charge despite the obvious fact that I was not acting in that capacity. I also had no client.

By the time the trial was concluding, I had no notes to convey ten years of events I could never independently recollect, my pen was now a weapon of intimidation, every anal detail about a model parent was being twisted and debated to absurdity, and my daughters had been exploited to advance a prominent career which would have benefitted them immensely. Finally, I had had enough and asked to be excused from the witness stand. I did not come here to be abused by a gang of misfits. A judge deserves only so much respect as she reciprocates as a public servant.

Judge Walsh-Hood must have recognized her dilemma because she tried to discourage my exit. But now the hostility was brazen. I was not about to legitimize this bizarre proceeding with any more of my valuable time while elevating the probability of a serious outburst. I was not about to do time for contempt of a kangaroo court. I persisted with my request, and she finally excused me. As I exited with my girlfriend, I made an impromptu closing statement condemning the lunacy of this sexist tribunal. My parenting time was immediately suspended.

That suspension was removed on the judge’s own initiative three months later but re-imposed in November, 2009 after my newly fired secretary teamed up with Kelly to allege threat antics. Although I got my girls back after a May 3, 2010 hearing, ten months of contact and precious bonding time were lost which I will never recover. Such seizures in lucrative custody contests lead to children without parents, and with severe un-remedied alienation, it is often permanent.

Two years after this trial, Judge Martha Walsh-Hood was featured on roadway banners promoting National Adoption Day. In response, I featured a website post entitled Shopping with Martha on Black Friday. It was a satirical piece decrying the manner in which Martha was exploiting her judgeship to promote a sale of children functionally orphaned in family courts.

After my departure from “her” court on July 24, 2009, child attorney, William Koslosky, disclosed a domestic violence incident at his home fifty years earlier during closing statements.

What any of this had to do with my case I’ll never know, but I found it buried in costly trial transcripts, a treasure trove of billable hours on behalf of grade school clients who could never hold him accountable. I also found fables, serious provocations and tales of horror which might be described as a love affair with a fictional girlfriend.

In this particular court case, her name was Kelly Hawse, a victim supposedly locked in her marital home (while I lived our last year of marriage at a Lake George apartment), subjected to meritless lawsuits to keep her subservient (when she filed the first one over child support which was never increased and continued with a series of fear lawsuits that were all thrown out), evinced fine skills as a teacher (petitions replete with grammar errors) and distinguished herself as a mother who loved all things (like the millionaire dad who could buy her all those things).

It was abundantly clear that Billy Koslosky was on a mission of revenge, abusing his entrusted role and tax dollars to murder exemplary father-daughter bonds. He actually had the audacity under protection of court security to accuse me of “terrorizing” my children, an accusation which if made in my presence could have sent him out the court window. Once again, fate had spared us all a disaster due to my pre-closing departure which Billy pathetically exploited.

This terrorist thing is being exploited these days by thoughtless provocateurs to advance their wallets and purses without regard for the potential consequences. Terrorists fly planes into buildings. They don’t pursue proper channels for the resolution of disputes. I visited the Trade Center ruins on the day after 9-11 to volunteer what I could to aid the victims. Comparing me to a terrorist as Judge Gartenstein had done to Professor Pappas (Chapter 3) is an assault upon my patriotism in addition to my fatherhood.

Apparently Billy had been using the terrorist depiction in a lot of cases because he also used it to describe his relationship with his own dad. As he explained it, little Billy was “terrorized” by his police man dad during a dinner argument a half century ago. Somehow dad’s uniform and gun made him dangerous. Somehow F. Lee Billy had beamed himself up to la-la land as he raked in the easy dollars. It was as if that fictional hoard of media had returned, O.J. Simpson nodding with glee, and Judge Ito ready to give Billy eight more months, if needed, to play to the fanfare.

Billy’s closing statement reflected a childhood contempt for his dad which he simply transferred to his latest target in a now infamous tragedy we call the Potato-Police Rescue. How can such a strange bird be allowed to represent children against their fathers? I asked that question before many courts to no avail. They simply looked the other way, and that only elevated the abuse in later proceedings. At nearly sixty years of age at the time, this was no way for Billy to compensate for personal defects or a lack of marital and childrearing experience. You be the judge:

One thing that I remember is disagreement between my mom and my dad. My dad was a policeman and one day he came home and he was mad because we didn’t have red-skinned potatoes and all that she could say is we have Yukon Gold, and I was terrorized. I’d never seen dad arguing like this and, my God, he’s in the police uniform with a gun. What is he going to do? So I went to the store to get red-skinned potatoes and I don’t like Yukon Gold.

If there is any purpose to a judge in any proceeding, it is to control it so that sanity, justice and civility may prevail. Wide latitude is generally given to lawyers in closing statements, but in this case, it was a custody proceeding, not a high-profile murder trial. There is no way my daughters, aged five and seven at the time, would have approved of their involuntarily appointed lawyer referring to their daddy this way. It was the appointing judge’s duty to prevent it. But Walsh-Hood was evidently enjoying this all with sadistic satisfaction. Another judge might have cut Billy off:

Mr. Koslosky, this is family court, not criminal court. What’s with all the terrorism in your characterizations of an American father seeking proper relief here? There’s no jury, and such colorful depictions will not influence me. I’ve heard and seen all the evidence as you have. There’s nothing to support any of this. No child protection agency has even been contacted, let alone involved. And I could care less about your own dad and whatever went on with these potatoes. Confine yourself to the record, and let’s move on, alright?

As stated, the adversarial custody system is archaic and utterly counter-productive to cooperative child rearing arrangements. Here we have sick proof of this, a fee-loving lawyer appointed for unsuspecting children who is throwing gas on a fire ignited by the court process itself.

One month after this closing statement, an off-duty policeman without gun or uniform in our region committed a murder-suicide leaving four children without parents. He did so with a common kitchen knife despite protection orders after being abused in the same Family Court. [8] So if you ever hear about some divorce victim shooting up a courthouse, understand how easily it can occur. There is no accountability for the arrogant judge or reckless lawyer who incites needless violence.  

 

[1]   Maron v Silver, 14 NY3d 230 (2010); Chief Judge v Governor, 884 NYS2d 863 (3rd Dept 2009)

[2]   Matter of G. Stephen Getman, 147 Ad 2d 163, 542 NYS 2d 896 (4th Dept 1989)

[3]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript, Vol. I at pg. 2-30 (July 20, 2009)

[4]   Morin v Tormey, 626 F.3d 40 (2nd Cir. 2010)(Chief family court clerk recovers $600,000 in 2012 against court administrator, Judge James Tormey, for directing “political espionage” at Syracuse courthouse)

[5]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript, Vol. II at pg. 230-233 (July 20, 2009)

[6]   While stressing these alleged domestic incidents corroborated by no witness or independent proof, Judge Walsh-Hood was likely manufacturing her own proof here for later decision. That decision made no mention of an off-duty sheriff deputy, posted inside my home, who witnessed an assault by the mother during a child exchange. By opening the custody record to pre-divorce periods, Walsh-Hood was also able to facilitate false claims at the marital home where no witnesses were present. There was never an incident report during that remote period, and although physical abuse was never found, there was no accountability for the fabrications.

[7]   Koziol v Hawse-Koziol, New York Supreme Court, Oneida County Case No. D2004-422102; Custody transcript, Vol. V at pg. 857-858 (July 24, 2009)

[8]   Pearce v Longo, 766 F. Supp. 367 (NDNY 2011)

 

 

An Exorcism in Family Court?

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No, this is not an exorcism or a poor attempt at a Seance. It’s the first ten copies of Satan’s Docket purchased in ten minutes on the day of its release at a popular restaurant, White Lake Inn, in the Adirondack Mountains of upstate New York.

By Dr. Leon R. Koziol

Okay we’ve heard of all the crazy evaluations, forensic reports and even a “parent education” program ordered by judges in our nation’s divorce and family courts, but an exorcism? Was this really ordered by a judge in New York?

Well not quite. But pretty close when an affidavit was filed by a witness in my case requesting exactly that. It sought to have my ex-wife, Kelly Hawse-Koziol, submit to an exorcism for all the evil she was exhibiting in her unbridled agenda to have me replaced as a father by a childless millionaire.

It was also filed in response to all the crazy evaluations being ordered by a pair of feminist judges, and more recently, a trainee judge near the Canadian border, Daniel “Kangaroo” King. The concoctions, outright fabrications and shameless retaliation for my exposure of corruption in these courts made the exorcism request not so crazy when you really got down to it.

I mean, after all, if you can come up with a limitless supply of bizarre orders and psychiatric evaluations by legalized drug dealers, why not an exorcism especially when the proceedings defy logic and conscience? Beyond that, there was certainly enough evil among cases everywhere, and mine in particular, to warrant an exorcism.

Since the time of that affidavit, ethics lawyers engaged in the witch hunt against me were terminated for falsifying their times sheets (the same ones charged with preventing overbilling practices), my custody judge was removed from the bench after admitting to sexual abuse of his five year old, handicapped niece (Bryan Hedges), a chief family court clerk recovered $600,000 for being ordered by my chief administrative judge in Syracuse to conduct “political espionage,” (Morin v Tormey) and my ex-secretary, influenced to create ethics issues in my office, was finally sent to jail last year.

If that’s not Satan in the mix, then I don’t know what is. Now you can read all about it and much more in my early release book entitled: Satan’s Docket: Corruption and Carnage in America’s Divorce Industry. Some have thought the title to be a bit extreme. I was unsure until I met an author at the Whistleblower Summit this past July in Washington D.C. Bradley Birkenfeld spent 30 months in prison for exposing tax evasion schemes. On his release he recovered $104 million under the IRS whistleblower program. His book is titled, Lucifer’s Bank.

Judicial whistleblowers have no such protection. A New Hampshire attorney at the Summit was disbarred for this reason. Her recent book is titled, The Dark Side. So I guess I’m in good company even though I never was disbarred. I am still a member of the New York bar paying registration fees and left in an indefinite state of suspension (longer than a disbarment period) due to my public criticisms. I have never even been accused of any crime.

My book is being released early due to a family judge race in upstate New York (Oneida County) which is devoid of meaningful public discourse on the real issues facing moms, dads, children and victimized families in these courts. It is a phenomenal read. Ten years in the making and nine months in the research and writing phase, you will not want to miss this opportunity.

It is an unprecedented story about a judicial whistleblower forced to seek protection in Paris and the United Nations, a human rights odyssey spiced with intrigue, romance and humor to keep readers attentive to the greater problem. It has two parts, a macro half focused on a nationwide epidemic (Corruption) and a micro half (Carnage) which relates my personal ordeal as a result.

Perhaps most important to my followers is the information value which this book has. Think of it as a crash course in law school on how these courts really work, a “scared straight” program to keep you out of these lucrative tribunals, and it comes from an expert who spent more than 30 years litigating in both federal and state courts.

Get your book now by ordering it at www.parentingrightsinstitute.com. A PDF version can be downloaded immediately for a steal price of only $15. An autographed hard copy can be obtained for $30 which includes tax, shipping and handling. You can also send a $30 check or money order to my name at P.O. Box 8302; Utica, New York 13505. You should receive your copy in the mail within 10-15 business days.

Finally I am sponsoring an open house at my home at 1336 Graffenburg Road; New Hartford, New York where you can check out some of the scenes in my book and exchange war stories with me personally. It is set for this Sunday, October 8, 2017 between 3 and 8 pm.

And by the way, that exorcist thing? A New York judge did actually suggest that he might have to enter such an order. Unaware of the request by affidavit before an earlier disqualified family judge, this one suggested it in 2015 during a settlement conference before heading out to a noon time church service. Facetious at the time but true nevertheless for purposes of this book.

Kindly share this message for the greater good of our children, and dedicated moms and dads.

 

Dr.  Leon R. Koziol, Director

Parenting Rights Institute

(315) 380-3420

 

Top 10 Corrupt Judges include a federal superhuman, state gunslinger and family court pedophile

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There is no current legal recourse for a litigant parent or civil rights attorney who exposes misconduct in our courts. The Supreme Court has granted judges absolute immunity and has rejected every petition to date which seeks whistleblower protection in our third branch of government
By Dr. Leon Koziol

Parenting Rights Institute

Our Top 10 Corrupt Judge series has become a big hit. Now as Donald Trump contemplates his pick for the long vacant ninth seat on our Supreme Court, we want to assure that the corrupt judges here hit the park bench and not any other kind of bench.

This is the third of a three-part series we call “Turkey Trilogy,” designed to protect all litigants from corrupt judges. You should subscribe to our Parenting Rights Institute if you have any case in any court impacting your children.

With all our uncompensated work exposing court corruption over the years, we leave it to you, our fellow victims, tortured as you must be during the holidays, to make good therapy by sending this out to the world.

Send it to fellow victims so they don’t feel “crazy” for lodging legitimate complaints to these useless commissions. E-mail a copy to your member in Congress or legislature, public interest group, lawyer, media, or even your “adversary.” You’ll be happy you did.

1. Albany Federal Judge Gary Sharpe

In First Place, is Albany U.S. District Court Judge Gary Sharpe. Gary was at the #5 spot last month but he acclimated quickly to the top spot after former New York Senate Leader Joseph Bruno (also a former boxer) released his recent fast selling book, Keep Swinging: A Memoir of Politics and Justice.  You will recall how we condemned Judge Gary Sharpe on our last list, here is what the popular statesman said about him in his book as featured in the Albany Times Union:

Judge Gary Sharpe presided over Bruno’s two criminal trials “with a perpetual expression of blunt rage and a haughtiness that seemed to rise off his robes like smoke from a block of ice.” A paragraph later, he called Sharpe “arrogant and resentful and eager to take a turn in the limelight.”

So you see, we are not a rogue or misguided secondary news site here at Leon Koziol.com. Our motto continues to be “You just can’t make this stuff up.” This is the same judge who abused his power to suppress our public message of court reform as presented in our report released this week. It seeks to obtain funding for a nationwide Parenting Rights Institute.

Here is our review from last month:

Gary is a really great family man. He has two sons that managed to get appointed to prosecutor jobs for the state and federal government where Gary was once employed, also as a prosecutor. He presided over the costly criminal trial involving New York Senate Leader Joseph Bruno.

Joe was finally successful in having the charges thrown out after years of proceedings that cost taxpayers some 14 million dollars. At one point, Gary made a spectacle of himself by lashing out at Joe during trial with the public admonition that he (Gary) was in charge of the court and not the defendant (Joe) who was simply trying to talk to his lawyer at the same trial table.

Well that was sure good to know, but it’s small potatoes compared to Gary Sharpe’s misconduct in another criminal trial two years later. You’re not going to believe this but it’s true. You can look it all up at United States v Cossey, 632 F3d 82 (2nd Cir. 2011) where Gary was removed by a federal appeals court in Manhattan for announcing his discovery of a human gene which the scientific community would not learn about for another 50 years. According to Gary, the Sharpe gene could decide how to sentence criminals.

This one is a real dusey, folks,  so it will take a little longer to explain. Under the Sharpe doctrine of perverted decision making, we no longer need juries, lawyers or even the Constitution. The psychiatric profession is “all over the board,” so we don’t need them either. We can decide how long a person goes to prison by the kind of human gene which a delusional judge can make up without any scientific support whatsoever.

For lack of a better explanation, this psychotic episode can be called the “omnipotent judge doctrine” applicable to race, gender, ethnic origin and maybe even a “custodial parenting” gene.  I moved to have Gary removed from my federal civil rights case on the basis of this doctrine but he retaliated instead by dismissing it without mentioning a full one-third of my supporting precedent.

I guess Gary felt that our Supreme Court was also “all over the board” with their supreme rulings so he could disregard those people as well. In the end, he effectively closed the federal courthouse doors to his public critic.

And you wonder why a police investigator took the law into his own hands in a murder-suicide upon exiting child support court leaving three children without parents and the city with a $2 million liability, Pearce v Longo, 766 F. Supp. 2d 367 (NDNY 2011). Gary Sharpe is appointed for life and can only be removed by congressional impeachment. Good luck with that one.

Gary “Sharpe” must be limiting his reading lately to the book, After the Madness, by ex-con and disgraced ex-Chief Justice Sol Wachtler of New York’s high court where it is explained that judges are trained to think of themselves as gods. Nevermind the law books if you get this judge folks. Bring your biology, psychiatric and political manifestos instead. Maybe even an exorcist !

2. Family Judge Daniel King

In Second Place, is Lewis County Family Judge Daniel (a-okay) King). He retains the same spot as last month but some important facts need to be added to “keep him in his place.” I don’t know how the New York Judicial Conduct Commission could have overlooked so much incompetence and ethical misconduct, but hey, I understand this is New York where the top leaders of our Legislature who appointed its members are now in federal prison. King’s gag order on this site was removed after I sued him in New York Supreme Court for violating a little  law called the First Amendment.

“Dan King,”as he introduced himself on the phone to my ex, was removed from my case this past June after we exposed his alcohol consumption at a tavern near the courthouse in Lowville, New York with his children in the vicinity. Witnesses confirmed that the barmaid had his drink committed to memory.

We did not explain why that was so offensive, but Dan is the guy who has been abusing family court by retaliating for my valid public criticisms by exploiting my precious daughters. When he could find no evidence from a perjuring mother (Kelly Hawse-Koziol) to facilitate her sick goal of father replacement by a pervert millionaire named Joseph Flihan Jr.,  he fabricated an unprecedented condition of “prohibited alcohol related gestures” regarding a wedding toast to place limits on my parenting time.

That’s right folks. You read that correctly. I’m not making this up. That’s how badly they wanted to punish my free speech. It can be found in a December 2, 2013 decision which was temporarily set aside by an appeals court judge due to “structural flaws” and lack of evidence. There were bigger issues here but the higher courts apparently wanted to avoid judicial embarrassment so they simply ignored it later on. First of all, there was no such prohibition in any order prior to this wedding, and secondly, what exactly is a “prohibited alcohol related gesture” so that the sane parent can know how to comply.

The judicial cover-ups and retributions were so appalling that it forced me to get a group to investigate Dan up in his own home town. Who are you, Dan King, to judge moms and dads who simply consume a legal beverage like you do? To date nothing has changed, Dan. There’s still no evidence (not even an accusation as the appeals judge declared), to support your spiteful, deranged “gesture.” The people should be protesting daily for your removal from the bench like the next one was !

3. Family Judge Bryan Hedges

In Third Place, is Syracuse Family Judge Bryan Hedges, my custody judge. I moved to have him removed from my case because I objected to any procedure of cross-examination involving my young daughters in private chambers without the parents present. His court appointed child lawyer, William Koslosky, who hates his dad, has no children and loves his fees, countered my motion with a declaration that Judge Hedges’ reputation was “beyond reproach.” He reluctantly granted my motion due to an “appearance of impropriety” based on the “political espionage” disclosed by his chief family court clerk.

Judge Hedges was then removed from the bench shortly afterward for admitting to sexual misconduct on his handicapped five year old niece. Gotta check each of those noun modifiers folks. He’s that pathetic, a real life child predator in chambers with your children arguing in his defense that her little hands were not actually in direct contact with his ___ in the act of (fill in the blanks). Look it up at In Re Bryan Hedges, 20 NY3d 677 (2013).

4. Syracuse Administrative Judge James Tormey

In Fourth Place, is Syracuse Chief Administrative Judge for the Fifth Judicial District James Tormey. That’s a lot of noun modifiers too, but Jim is a politician more than he is any kind of judge. In the federal civil rights case,  Morin v Tormey (and Hedges), 626 F.3d 40 (2nd Cir.2010), the Onondaga County Chief Family Court Clerk successfully sued Jim for retaliation based on her refusal to conduct “political espionage” on a competing judge candidate during an election.

Like my family court matters, she was moved to distant assignments as far away as Lowville, New York. She recovered $600,000.00 against Jim and his pedophile colleague Bryan. Jim is the guy assigning all these “impartial” colleagues to decide my custody and support matters which impair my licenses, livelihood and income capacities. He is at the center of my John Grisham ordeal.

5.  Family Judge James Eby

In fifth place is Oswego County, New York  Judge James “dweeby” Eby, new on the family bench who got in line with 35 previously disqualified trial judges in my 10 year originally uncontested divorce. He retaliated for my reform efforts and exposure of family court corruption (i.e. this website) before such entities as the Moreland Commission on Public Corruption.

As soon as the 35th judge was removed from my case (Dan King), Dweeby took over with a vengeance. Prior to meeting any of the parties (as far as I know), he sent arrogant “tough boy” notices that no teleconferences would be considered (contrary to standard and earlier observed practices). In another notice he declared that the civil practice rules would be strictly followed. There was no justification for any of this and none was provided.

This required the parties (and taxpayer financed William “Potatoes” Koslosky) to engage in a 140 mile round trip to a courthouse near the Canadian border to receive a decision that had already been completed prior to that first appearance and arguments. You think maybe the dweeb is acting like a complete child here? Has the unethical hate, unlawful bias and unconstitutional retaliation become that brazen? Should we all just respond by taking the law into our own hands?

That’s right folks, this is how justice is “served” in New York. Ya think maybe politician Tormey, Dan-boy King and Dweeby Eby might have been talking outside the presence of the litigants to orchestrate all this? Nah! That would be unethical and a clear violation of judicial code. Besides, the Commission on Judicial Conduct has already stated in a series of determinations over six years that Dan “a-okay” King, Jimmy “the geek” Tormey and other corrupt judges among the current gang of 38 are “a-okay.”

James “dweeby” Eby is the reason why Kelly Hawse-Koziol abused her “custodial power” to make it all but impossible for me to have a meaningful fatherhood and holidays with my daughters. More on “Kelly the Grinch who stole Christmas” in coming posts. In the meantime, keep up the “good” work Jim Dandy. Study those law books to protect this child abuse industry. I’m still standing and exposing the corruption.

6. Ex-Judge Michael “Cowboy” Daley

In Sixth Place is Ex-Judge Michael “Cowboy” Daley. Yeah that’s right folks, this guy styled himself as some kind of gunslinger judge when he was on the bench in 2010. He must have been watching too many movies because I know he wasn’t doing his judge homework.

I could recall pictures of John Wayne, ranch and rodeo scenes and other self-love paraphernalia in the hallway and offices of his chambers in Herkimer County, New York. However what Mikey seemed to overlook is that his image was not a heroic one. He got the cowboy image because he did as he pleased instead of what the people and their laws prescribed.

In my ordeal, I had the rodeo wanna-be disqualified from a criminal case where I had represented a falsely accused city administrator. A newly elected mayor tried to replace her expeditiously and Daley was the go-to guy for political matters. He threw a temper tantrum not far from his John Wayne picture when I refused to take a guilty plea on her behalf.

This emotionally traumatized woman stuck with me even when the Cowboy threatened her and berated me like a spoiled little brat in open court (because I dared to have him removed from her case). Fortunately she did stay loyal to me because the replacement judge threw out two counts of her felony indictment before trial and the remaining four after a jury trial was concluded. She subsequently brought civil charges against the city.

I knew the day would come when I would have to “pay” for my proper ethical conduct and successes over an unblemished 23 year career as the “bad guy” exposing government corruption. Years later Judge Daley accepted my personal child support case out of proper assignment order and despite earlier disqualification on my client cases.

Cow-Boy committed himself on the record to have a hearing on my removal motion but issued a decision instead behind closed doors violating me without a hearing. I’m not making this up, it’s all backed up in the record, and the New York Appellate Division did nothing about it along with the do-nothing state Commission on Judicial Conduct. It led to my first license suspension in 2010, lifted two years later when an agreement was reached.

Well every dog has its day. My adversaries are gradually getting justice delivered in unexpected ways as I continue to be vindicated year after year in this ordeal. My website at http://www.leonkoziol.com explains it all. Cowboy Daley lost his judgeship when he failed to get needed party endorsements.

Evidently a failure in private practice, he tried out for a lower judge post but was again rejected. Finally this past year, he ran for the job he once held as Herkimer County DA and got buried by Scott Carpenter, a lawyer with far greater integrity, a true Clint Eastwood. He made our day by sending Cowboy Daley to Brokeback Mountain.

So it looks like you were right after all, Mike, but not the way you expected with all that reckless gunslinging. You said it best in those stupid campaign commercials with your cowboy hat declaring “Not in this County.” You’re not anything in that county anymore Mike. Talk about shooting yourself in the foot! You’re full of holes today just like your violation order was in 2009, from pathetic justice to poetic justice.

The seventh, eighth, ninth and tenth place awards go to Judge Wade McCree of Michigan who got a litigant mom pregnant in his chambers while presiding over her support case; Judge Gerald Garson of Brooklyn caught on FBI video taking a bribe to fix a custody case; Judge Thomas Spargo seeking a bribe from a lawyer to fix his divorce case one way or the other; and finally the Pennsylvania judges in the “Kids for Cash” scandal. They’re now doing time for accepting kickbacks from prison contractors based on the number of juveniles they convicted. Some 4,000 convictions had to be overturned by the Pennsylvania Supreme Court which is itself immersed in scandals and resignations.

Welcome to Justice in America ! Here at the Parenting Rights Institute, we are doing what we can to correct this epidemic but need your contributions and support.

Dr. Leon Koziol, Director

(315) 796-4000

Happy “Thankless” Day wishes to the Dishonorable Family Judges of America

Judge James K. Eby Oswego County Family Court Oswego, NY

Administrator’s Note: This is the third of a three-part series we call the “Thanksgiving Trilogy.” With all the uncompensated work we have put into our joint reform efforts over the years, we have neither the resources nor the time to make it viral. We leave that to you, our fellow victims, tortured as you must be right now. So kindly pick one, pick them all, and make good therapy of your time by sending them out to the world. Send it to your representative in Congress or state legislature, a commission, good government group, your lawyer, even your parent “adversary” on this “thankless” family day. Maybe you’ll be very happy you did.

By Dr. Leon Koziol

Parenting Rights Institute

On this Thanksgiving Day, 2016, we take pause during our holiday to “honor” the “dishonorable” judges of America’s divorce and family courts. We remain in awe over the psychotic manner of your public service to the families you have ripped apart and the children alienated from their “non-custodial” moms and dads.

1.  Family Judge James Eby

In first place is Oswego County, New York  Judge James Eby, new on the family bench who got in line with 35 previously disqualified trial judges in my 10 year originally uncontested divorce. He retaliated for my reform efforts and exposure of family court corruption before such entities as the Moreland Commission on Public Corruption. He is the reason why Kelly Hawse-Koziol abused her “custodial power” to make it all but impossible for me to have a meaningful Thanksgiving Day with my daughters. Keep up the “good” work Jim. Study those law books to protect this child abuse industry. I’m still standing and exposing the corruption.

2. Family Judge Daniel King

In Second Place, is Lewis County Family Judge Daniel (a-okay) King). I don’t know how the New York Judicial Conduct Commission could overlook so much incompetence and ethical misconduct, but hey, I understand this is New York where the top leaders of our Legislature who appointed its members are now in federal prison. King’s gag order on this site was removed after I sued him in New York Supreme Court for violating a little  law called the First Amendment. He was removed from my case this past June after we exposed his alcohol consumption at a tavern near the courthouse in Lowville, New York with his children in the vicinity. Witnesses confirmed that the barmaid had his drink committed to memory. Who are you, Judge King, to judge moms and dads who do the same thing? The people should be protesting daily for your removal from the bench like the next one was !

3. Family Judge Bryan Hedges

In Third Place, is Syracuse Family Judge Bryan Hedges, my custody judge. I moved to have him removed from my case because I objected to any procedure of cross-examination involving my young daughters in private chambers without the parents present. His court appointed child lawyer, William Koslosky, who hates his dad, has no children and loves his fees, countered my motion with a declaration that Judge Hedges’ reputation was “beyond reproach.” He reluctantly granted my motion due to an “appearance of impropriety” based on the “political espionage” disclosed by his chief family court clerk. Judge Hedges was then removed from the bench shortly afterward for admitting to sexual misconduct on his handicapped five year old niece. Gotta check each of those noun modifiers folks. He’s that pathetic, a real life child predator in chambers with your children arguing in his defense that her little hands were not actually in direct contact with his ___ in the act of (fill in the blanks). Look it up at In Re Bryan Hedges, 20 NY3d 677 (2013).

4. Syracuse Administrative Judge James Tormey

In Fourth Place, is Syracuse Chief Administrative Judge for the Fifth Judicial District James Tormey. That’s a lot of noun modifiers, but Jim is a politician more than he is any kind of judge. In the federal civil rights case,  Morin v Tormey (and Hedges), 626 F.3d 40 (2nd Cir.2010), the Onondaga County Chief Family Court Clerk successfully sued Jim for retaliation based on her refusal to conduct “political espionage” on a competing judge candidate during an election. Like my family court matters, she was moved to distant assignments as far away as Lowville, New York. She recovered $600,000.00 against Jim and his pedophile colleague Bryan. Jim is the guy assigning all these “impartial” colleagues to decide my custody and support matters which impair my licenses, livelihood and income capacities. He is at the center of my John Grisham ordeal.

5. Albany Federal Judge Gary Sharpe

In Fifth Place, is Albany U.S. District Court Judge Gary Sharpe. Gary is a really great family man. He has two sons that managed to get appointed to prosecutor jobs for the state and federal government where he was once employed, also as a prosecutor. He presided over the costly criminal trial against former New York Senate Leader Joseph Bruno. Joe was ultimately successful in having the charges thrown out after years of proceedings that cost taxpayers many millions of dollars. At one point, Gary made a spectacle of himself by lashing out at Joe during trial with the public admonition that he (Gary) was in charge of the court and not the defendant (Joe) who was simply trying to talk to his lawyer at the same trial table.

But that’s small stuff compared to Gary Sharpe’s misconduct in another criminal trial two years later. You’re not going to believe this but it’s true. You can look it all up at United States v Cossey, 632 F3d 82 (2nd Cir. 2011) where Gary was removed by a federal appeals court in Manhattan for announcing his discovery of a human gene which the scientific community would not learn about for another 50 years. According to Gary, the Sharpe gene could decide how to sentence criminals.

This one is a real dusey so it will take a little longer to explain the award. Under the Sharpe doctrine of perverted decision making, we no longer need juries, lawyers or the Constitution. The psychiatric profession is “all over the board,” so we don’t need them either. We can decide cases based on gene theories applicable to race, gender, ethnic origin and maybe even “custodial parenting.” I moved to have him removed from my federal case for these reasons but he retaliated instead by dismissing my civil rights case and effectively closing the federal courthouse doors to his public critic. This judge is appointed for life and can only be removed by congressional impeachment. Good luck with that one. Nevermind the law books if you get this judge on your case. Bring your biology, psychiatric and political handbooks instead.

The sixth, seventh, eighth, ninth and tenth place awards go to Judge Wade McCree of Michigan who got a litigant mom pregnant in his chambers while presiding over her support case; Judge Gerald Garson of Brooklyn caught on FBI video taking a bribe to fix a custody case; Judge Thomas Spargo seeking a bribe from a lawyer to fix his divorce case one way or the other; and two Pennsylvania judges in the “Kids for Cash” scandal. They’re now doing time for accepting kickbacks from prison contractors based on the number of juveniles they convicted. Some 4,000 convictions had to be overturned by the Pennsylvania Supreme Court which is itself immersed in scandals and resignations.

Welcome to Justice in America ! Here at the Parenting Rights Institute, we are doing what we can to correct this epidemic but need your contributions and support.

Dr. Leon Koziol, Director

(315) 796-4000

While Abortion Rights are Routine in our Supreme Court, Shared Parenting Rights have never been heard.

Now there’s a headline you’ve never seen. But it is shockingly true and a reflection of how insignificant we are as parents in this country. Every year our constitutional right to raise our children is being further eroded without so much as a footnote in the decisions from our high court. For the past ten years I have done everything legal and humanly possible to reverse that trend, to give you human dignity as a loving mom or dad, but sadly, due to an utter lack of funding, I have failed.

Meanwhile the right to abort children and market their body parts has been well funded and well received during that same period. Indeed only a few months ago, among the most recent cases heard and decided by the Supreme Court, you will find a pro-abortion case, Whole Woman’s Health v Hellerstedt and Texas, et. al. Case No. 15-274 (June 27, 2016). Meanwhile three of the four parents who announced their filings at the Supreme Court on June 17, 2016 are being considered for the same day. Yours is destined for the same fate.

Nevertheless it is too important an issue to surrender. If you’ve been following my petition now being considered by the Supreme Court you know that a Supplemental Brief was recently accepted to provide additional support for such a case, a historic first which I sacrificed everything to achieve. Among other things, due to the severe neglect of this right in recent decades, I have asked for appointment of a Special Master to investigate and report on parent-child abuses in our nation’s divorce and family courts.

Yesterday we gave you a summary of cases over the past 100 years since the parenting right was first announced. Today we show you what happens when a judicial whistle blower, civil rights attorney and model parent tries to reform a lucrative divorce industry which is producing damaged children, unprecedented immorality and the kind of crime our society can no longer control. Government simply throws more tax dollars at this epidemic while profiting off our misfortunes.

We hope you will join our cause by contributing to this site or sponsoring any of our services at www.parentingrightsinstitute.com. You can also call our office, Parenting Rights Institute at (315) 380-3420. Here is a modified segment from my Brief:

Point One:  Based on this Court’s recent decision in McDonnell v United States, the respondent district court committed an egregious abuse of discretion by suppressing challenges to vague, absurd and retaliatory court orders.

Petitioner has been exposing court corruption and misconduct for ten years in virtually every state of the union, even Hawaii when President Obama visited. It has reached epidemic proportions with no sign of reform or shared parenting structure mandated by our Constitution. That is because the suppression of speech, press and organizing efforts is so profound in our judicial branch of government that relevant experts and civil rights lawyers such as petitioner are persecuted beyond conscience.

In McDonnell v United States, No 15-474 (June 26, 2016), decided after the originating petition here was filed, this Court vacated a conviction of former Virginia Governor Robert McDonnell based on jury instructions and a statute which was found to be overly expansive. The definition of an “official act” for purposes of criminal liability was deemed to have serious constitutional infirmities.

Whether petitioner’s ordeal is analyzed from a First or Fourteenth Amendment standpoint, or some other federal right such as the parenting liberty, the result is the same. A public critic is being subjected to something far more egregious than an over inclusive statute. He is being pounded by orders laced with such absurdity that no conduct provides a safe harbor. The opening segment of this brief is ample demonstration of this…

At the same time, petitioner is being victimized by …vague and overbroad orders in New York’s domestic courts with undue, unfair and excessive scrutiny by attorney disciplinary agents. Indeed this is by far an unprecedented case. The state has usurped the self-governing rights of a democracy in order to profit off our children. The atrocities over a natural right tracing itself to the beginning of civilization are being perceived as everyday oppression by an increasing variety of terrorists, criminals, protesters and mainstream parents.

A remedy is now required to show that our system of American justice works after all, even if petitioner can never be made whole again. The “prohibited alcohol related gesture” finding was never prohibited previously and concocted from a wedding toast. It was conceded at a “mini-hearing” without due notice, ten minute limits for case presentation and no recording for appellate purposes. On such a hearing, petitioner lost his children potentially forever in light of the severe and un-remedied alienation underway over the past three years. Other than pure evil and the violation of a fundamental right, what else can explain the concoction?

On the last weekend together in January, 2014, there was happiness, sharing of plans, hugging and promising father-daughter relationships to last a lifetime. But the quest for money and revenge was so prevalent that these girls were brainwashed and made to shut out all trace of their natural father without so much as an allegation of abuse. This evil course of action was pursued not by a natural mother but a creature of statute known as a “custodial parent” trained to war against her counterpart. Dads, moms and children are increasingly viewed as objects instead of dignified human beings under this “opposition framework” for parenting.

It was sufficient to cause respondent appellate Judge John Centra to issue a stay order on December 13, 2013 on grounds that the proceedings here were “structurally flawed” with petitioner having no record of abuse. That order facilitated the last weekend petitioner spent with his girls before being vacated by the same Judge Centra and his panel only days after exposure of related misconduct.

It occurred on petitioner’s website which has become the target of censorship by all respondents due to a tagging of publications relating to individuals. Petitioner’s global following has become so impacting that these publications can arise on a first page Google search of a judge or lawyer. Sufficiently offensive as it is protected by our Constitution, this has set in motion very alarming reactions. Oppression is otherwise corroborated by such cases as Pearce v Longo, 766 F. Supp.2d 367 (NDNY 2011). A police investigator committed a murder-suicide after exiting support court, a key factor that was ignored, leaving three children without parents and the city with a $2 million liability.

Respondents have been exploiting judicial weapons to punish these publications. They have all but stated this in decisions, actions and defamatory orders throughout the record. With an arsenal at their disposal perceived as sacrosanct by an unsuspecting public, they have been able to shut down reform as their public critics emerge in courts throughout the country. Indeed at least two other pro se parent petitions are pending for conference on the same day as this one. Dr. Mario Jimenez and John Batista joined petitioner at a news conference outside this Court to announce our filings only to incur further retributions.

Truth itself is ever elusive in these courts because offspring are made the prize or “award” in custody wars. In this case, respondents exploited the patent fabrications of Judge King and the brazen perjuries of William Koslosky and Hawse-Koziol. This is well established in prior filings here and the records below. These frauds remain so pervasive and even encouraged for retribution purposes that almost anything can be conjured up to finish off this public critic. But only the public critic was prosecuted with non-criminal and inflated support obligations based on a highly abused “imputed income” practice. This was in lieu of reliable evidence and a proper distribution of the burdens of proof.

Terminology routinely employed in these courts is more relevant to a Syrian war zone than a forum for raising America’s children. This is not merely your petitioner’s position. It is shared by esteemed jurists and experts of the Miller Commission in its 2006 report to New York’s Chief Justice. It is also shared by veteran jurists such as Dennis Duggan in Webster v Ryan, 729 NYS 2d 315 (Fam. 2001):

At the outset, the Court notes that the terms ‘custody’ and ‘visitation’ have outlived their usefulness. Indeed their use tends to place any discussion and allocation of family rights into an oppositional framework. ‘Fighting for custody’ directs the process towards determining winners and losers. The children, always in the middle, usually turn out to be the losers… This Court has abandoned the use of the word ‘visitation’ in its Orders, using the phrase ‘parenting time’ instead. If the word ‘custody’ did not so permeate our statutes and was not so ingrained into our psyches, that word would be the next to go… This misplaced focus draws parents into contention and conflict, drawing the worst from them at a time when their children need their parents’ best.”

The disrespect increasingly directed at parental rights is corroborated by the July 7, 2016 summary order of the Second Circuit. It affirmed Judge Sharpe’s August 10, 2015 decision denying leave to file an appeal pursuant to FRAP Rule 4(a)(5). The frauds and perjuries in family court became so insurmountable that petitioner’s children could have their residence concealed on the family court record for a period of eight months without any accountability.

Such callous disregard was clearly retaliatory. Devastation to petitioner when this scheme was discovered on Fathers’ Day 2015 was so severe that it forced him to escape the region and miss a next day filing deadline regarding Judge Sharpe’s May 22, 2015 decision. Such devastation mattered not at all for “good cause” or “excusable neglect” and was sadistically cast aside without so much as a footnote. Judge Sharpe concluded instead that petitioner “had only himself to blame.” A-I at 68. See also Kirtsaeng v John Wiley 15-375 (June 16, 2016) on Sharpe’s abuse of fee sanctions.

 

 

 

Legal Brief Seeking Recourse for Abused Parents Accepted by Supreme Court

children are not for sale

By Dr. Leon R. Koziol

Throughout the entire 230 year history of the United States Supreme Court, there has never been a case accepted on the issue of parental rights in divorce and family court. There have been decisions on how to properly jail a father for a support debt, Turner v Rogers, 564 US __ (2011); how to protect a custodial mother from grandparent rights, Troxel v Granville, 530 US 57 (2000); how to prevent a biological father from accessing children who want to be in his life, Michael H. v Gerald D., 491 US 110 (1989);  how to terminate parental rights consistent with due process, Santosky v Kramer, 455 US 745 (1982); how to assure that a father has the same rights as a mother to oppose adoption of their offspring, Caban v Mohammed, 491 US 380 (1979) and cases all the way to where parental rights were first declared to be the oldest liberty interest protected by our Constitution, Meyer v Nebraska, 262 US 390 (1923).

In divorce and family court, because two purportedly co-equal parents have the same rights to their children, lawyers, judges and hired guns, i.e. child psychologists, can beat up on their parental rights until the custody and support battles bankrupt entire families if necessary. It is this antiquated and lucrative custody law (as opposed to shared parenting) which violates the fundamental rights of both parents more than most other forms of state infringements. But that’s okay because of all the conflict profiteers which keep this a trillion dollar industry at the expense of our children.

Then came Koziol v United States District Court, Case No. 15-1519, a mandamus action which seeks parental justice and real accountability for those who abuse our constitutional rights. I filed it on June 14, 2016 to remedy the horrendous retaliation I sustained for criticizing my profession and our courts for their exploitation of our children for profit. On September 20, 2016, the Supreme Court accepted a Supplemental Brief which I offered to show just how the retributions escalated since the earlier filing and how absurd these processes have become. We all know how impossible it is for anyone to get the Supreme Court to hear a case. Less than 100 are accepted out of some 10,000 filed each year, making our high court an illusion for justice among the vast number of aggrieved commoners.

Parents are batting zero in this regard. So we do not expect anything to change any time soon unless we make ourselves heard. That has simply not happened as parenting victims have preferred to stay on their keyboards in the comfort of their homes instead of organizing and protesting. And so the band (bank) plays on as we gripe incessantly to one another and to no one else who cares. Finally a case has come before our high court where true reform is possible. This is the third in a series of excerpts from that supplemental brief which should be shared and supported by all. Here is our third part for publication:

REASONS  FOR  SUPPLEMENTAL  BRIEF

While children in Allepo, Syria are diving and swimming in a pool created by a missile strike (Associated Press, 9/15/16) respondents are hanging on to a “prohibited alcohol related gesture” as a sufficient danger to petitioner’s children to prevent father-daughter contact here in the United States. That “gesture,” assuming it could be understood at all, was not prohibited by any court order, and it consisted of a 2013 wedding toast with petitioner’s children nearby and no alcohol history of any kind as found by an appellate judge.

Sanity dictates that there is obviously something else driving an absurd process challenged by this precedent seeking action on constitutional grounds. Due to a highly abused pretext of promoting our children’s so-called “best interests,” lawyers and conflict profiteers are concocting endless issues to beat up opposing parents. So bad is it today that the entire divorce industry is coming under serious fire as it drags down a noble legal profession.

This ordeal represents the outcome for a judicial whistle blower, victimized parent and conscientious civil rights attorney who set out to reform this industry. However, absent discovery rights or a reliable self-regulating agency to remedy a colossal failure in human rights, persecution is now the sole outcome. It is being ratified through inaction of our federal courts. This is not petitioner’s first endeavor to access our Supreme Court on a long neglected issue. But it will provide the highest authority either way to justify an escape from the oppression that is undeniably present.

An alcohol gesture remains the reason cited in a December 2, 2013 decision for suspending child contact that continues to this day. It was manufactured after no evidence could be provided to show any parenting problem, consumption of a legal beverage being standard issue for abusing parents in our nation’s divorce and family courts. There are many more, a veritable treasure trove of accusations in a system designed to maximize profits and court revenues at the expense of children and families under a federal statute.

Supplement to Fact Section

 Judge Sharpe’s anti-filing action began on August 25, 2015, A-I at 51. Syracuse media was put on notice prior to petitioner’s knowledge of it to yield a calculated publication that further damaged petitioner’s reputation, credible reform message and employability. It was also caused by a fundamental lack of reporter investigation and knowledge of family court matters which mainstream media as a general rule is avoiding. Hence secondary media becomes a critical by-product which in this case has been gagged and targeted by both domestic and disciplinary agents.

At the time of this anti-filing order, respondent King was reviewing motions properly seeking an order reopening a support violation order obtained through joint fraud, namely the concealment of petitioner’s children at the home of an unfit, childless millionaire on the family court record for at least eight months. He issued a decision only days later without mention of that fraud, committing this father to a maximum six month jail term for support arrears.

An arrest warrant was also issued despite a stay order obtained by agreement with a state Supreme Court Justice on September 8, 2015 to facilitate global settlement under a superior court support order by agreement entered on August 23, 2010. It called for sale of petitioner’s home as the predicate remedy for arrears. Home foreclosure had been underway in the only (Supreme) court with authority to direct a sale, and the parties had reached a tentative settlement for child support through sale proceeds due to the state’s impairment of all of petitioner’s income means.

However Judge King reneged the following day without notice to petitioner, placing him unknowingly in fugitive status while upending the settlement set for September 24, 2015. A satisfaction amount had been held back pending the motion for reopening the violation, but the funds were refused because the prescribed local support agency had no authority to accept it and a central office refused to disclose its confidential location. Judge King refused to amend his impossible order due to his true agenda of censorship and punitive incarceration. He refused despite notice from petitioner’s attorney and his possession of certified funds.

In early October, 2015 the arrears were satisfied by mail, the warrant and commitment vacated, and petitioner’s motions denied despite the respondent mother’s claims to have satisfied her own court ordered obligations to notify the father of residential relocation within 24 hours by e-mail or text. She later testified that such notice had been confirmed on her home computer under address “gmai.com” (“l” character missing unlike other received transmissions).

Petitioner was therefore compelled to file more futile judicial misconduct complaints while exposing the fraud on his website. Judge King answered on November 25, 2015 (after mandamus filing below) with a protection (gag) order on this site based exclusively on non-threatening disclosures of recent events with the following absurd, highly defamatory and overbroad language prohibiting:

“assault, stalking, menacing, reckless endangerment, strangulation, criminal obstruction of breathing, identity theft, grand larceny, coercion, or any other criminal offense” nowhere alleged in an offense petition;

Petitioner was actually being ordered to refrain from strangling his own daughters. The Fourth Department appeals court denied an intervening mandamus as did the Second Circuit but petitioner was able to get a mandamus show cause order signed in New York Supreme Court on May 3, 2016. On the eve of family court trial, Judge King cancelled proceedings for the second time while his gag order was maintained under threat of arrest and contempt for six months. He followed days later by throwing it all out on the face of the original petition and website content.

In June, 2016, one week prior to a public hearing on the mandamus action, Judge King stepped down while continuing his 2013 and 2014 suspensions of fathering periods. The action was then dismissed on the court’s own motion due to relief rendered moot through conduct that can only be described as orchestrated. Necessarily involving respondent Administrative Judge Tormey, it was successful in avoiding a citizen protest set to occur at the courthouse.

The case was then transferred to family Judge James Eby in a more remote county, the 38th trial judge since an originally uncontested divorce was filed in 2006. The latest judge denied an exigent motion for Father’s Day time deprived the prior two years as part of a father replacement agenda. Petitioner nevertheless obtained an afternoon with his daughters through pressure upon the mother. This only infuriated the newest judge at a July 12, 2016 session when he effectively closed all state court houses to petitioner.

He did this through notices conclusively proving systemic bias. Prior to first introduction, they stated, inter alia, that civil practice rules will be strictly observed and telephonic argument will not be considered (contrary to practices). This required an entire day and 140 mile round trip to receive a decision already prepared and provided from the bench without mention of a recusal motion or severe child alienation. He simply stared back at petitioner when basic enforcement of phone contact was requested. Given an ability to control appellate records, such torturing of due process impairs access to this Court on the state track.

Judge Eby engaged in sarcastic lecturing in a manner intended to provoke outrage and contempt. He limited petitioner’s recourse to appellate remedies with full knowledge of their prohibitive time, resources and systemic bias with daily developing children as the subject. It compelled petitioner to reiterate the temporary nature of prior allegedly precluded dispositions and contrary precedent involving the same case and parties.

The recusal of Judge King and pending challenges to his forensic and contradictory parenting conditions could be vacated as it occurred in an identical circumstance by a prior Judge Michael Hanuszczak on the same record used by a predecessor (disqualified) judge, Second Circuit A-222. The invidious treatment here mirrored the retaliation against a chief family clerk of the same court in Morin v Tormey, 626 F.3d 40 (2nd Cir. 2010).

The same chief administrative judge, respondent James Tormey is shown through compelling circumstantial inference to be orchestrating these outcomes through discourse outside the scope of judicial office. This may be the only explanation for absurd orders, assignments to remote courthouses, and reneging of stay orders arranged by judges themselves for logic and economy purposes.

Due to the respondent King’s usurpation of a global child support settlement during the month following Judge Sharpe’s anti-filing action, the prescribed satisfaction pursuant to higher court order of August 23, 2010 was derailed. It caused respondents Hawse-Koziol and Koslosky to pursue another violation petition in their preferred family court which lacked jurisdiction to order a sale of petitioner’s home with equity well beyond amounts owed.

That petition was made subject to a traverse (personal jurisdiction) hearing on September 1, 2016. A city marshal admitted on cross-examination by petitioner that he had lied under oath regarding his purported service. Decision was strangely reserved. On September 16, 2016, it was issued dismissing the petition without prejudice but also without referral of the perjury to a law enforcement agency as required by Judicial Code, Jones v Clinton, 36 F.Supp. 2d 1118 (E.D. Ark. 1999)(federal judge referral of President Bill Clinton for ethics prosecution after contempt of court).

Among other issues ignored was the serial misconduct of the attorney continually appointed since 2007 to represent petitioner’s children even after removal by an intervening judge (respondent William Koslosky). Like his predecessors, Judge Eby disregarded the issue, leaving petitioner to futile complaints before an ethics committee engaged in the witch hunt against him. As stated, its chief and deputy counsel were fired for falsifying time sheets without public charges, i.e. respondent Steve Zayas. Hence there is no even-handed lawyer accountability in the peculiar ordeal inflicted here.

 

You may contact us at Parenting Rights Institute at our office : (315) 380-3420 or our website at http://www.parentingrightsinstitute.com.