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Thursday, December 31, 2009

 
GRAB BAG OF "END OF THE YEAR" STUFF

Alabama is no longer Missing, but Maryland is still missing

A review of the South Carolina CSED website reveals that Alabama is no longer listed on the South Carolina Abandoned Property List. However, further review of the same list reveals that Maryland is still listed. What this means is that the incompetence of the folks at the South Carolina CSED not only directly harms hundreds of thousands of citizens of South Carolina, but that it also harms those citizens of Maryland whose child support payments have been intercepted by the State of South Carolina yet remain in South Carolina's possession rather than being forwarded to the State of Maryland for distribution.

In case Larry McKeown reads this post and has some difficulty understanding what he reads, we will try to make it simple.

Under Federal Law, there are various procedures for one State to collect the child support payments of people who earn income in that State and forward it to the State where the person who is supposed to receive the support resides. In the case under discussion, South Carolina has collected money that is owed to citizens of Maryland, but rather than sending it to the State of Maryland for distribution to the rightful owners, South Carolina is maintaining possession of this money under the pretext that it does not have a current address for Maryland's Child Support Collection Agency.

More Corruption in South Carolina

The Associated Press has reported that 4 (more) plead guilty in (the DSS) fraud scheme. Dozens have been charged in this case with more convictions to come. And yet, those at the South Carolina Department of Social Services who were in charge of this mess are still employed, sucking down big bucks, and lurching towards their pensions while secure in the knowledge that "accountability" is a theoretical construct in South Carolina Government.

In the meantime, The Post and Courier reports, Union County official arrested:

Former court clerk Brad Morris has been charged with embezzlement. And several former officials -- Sheriff Howard Wells, supervisor Donald Betenbaugh and tax assessor Willie Randall Jr. -- face various federal charges.

Union's former mayor and zoning administrator have served federal prison time for bribes.

Is there anybody in Union County government who has not been arrested for embezzling? And will that person please turn out the lights when he or she finishes emptying the county's bank accounts?

Some Mothers of Bastard Children Want a Lot of Money

Court documents suggest John Edwards is father of Rielle Hunter's baby -- and now it's time to pay.

How's that for a tacky headline?

Seriously, we understand that John Edwards is a disappointment to many and that he may be arrogant and narcissistic and so on and so on and so on. Mostly, we understand that he has a moral and legal obligation to support his child. But look at what the mother of the child wants by way of "child support"--"$17,000 a month from Edwards, a tab that includes... $800 a month for eating out, $400 a month for 'club dues and memberships' and $1,200 a month for a security guard." Ms. Hunter also wants Edwards to "pay her $250 a month to trim her and Frances' locks." This of course, is on top of the "four-bedroom, $535,000 home" that Edwards reportedly purchased for Hunter and the child to live in in Charlotte.

Say, don't they have some sort of cap on child support in North Carolina?

Of course, before anyone begins to feel too sorry for John Edwards, they should read Ex-Wolverine Braylon Edwards being sued for child support:

Jets star and former University of Michigan wide receiver Braylon Edwards is being sued for child support by a former contestant on "America's Next Top Model," the New York Post
reported Friday.

Edwards reportedly fathered a child with Nik Pace, who's suing for up to $70,000 a month.

The Post quoted Pace's lawyer, Raoul Felder, as saying Edwards tried to be recognized as the father in Georgia, where child support payments would likely be lower. Pace is suing in New York.

"Braylon had tried to get the case litigated in Georgia because they are traditionally less generous with child support payments," Felder told the Post. "It's a cold, calculated act to pay less money."

Edwards, 26, doesn't see it that way, at all. "Braylon is a proud father who has loved and supported his child since before he was born," Edwards' lawyer, Randy Kessler, told the Post. "He filed in June to declare himself the legal father and she objected."
$70,000 a month for the support of one child? Where do these lawyers get their nerve? And what about the idea of a child support cap?

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Wednesday, December 30, 2009

 
AN UPDATE FROM FITSNEWS ON THE SEGARS-ANDREWS MATTER

Click here to review the latest from FITNEWS on the Segars-Andrews matter.

The comments--from those both pro and con to Judge Segars-Andrews--are so nasty, one has to wonder both whether anyone is innocent in this whole affair and what the latest revelations will bring. Certainly, this case provides some insight into the level of dysfunction in the South Carolina Family Court System. And it helps explain why South Carolina cannot manage to solve its problem of non-support.

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WRONGLY CONVICTED TEXAS MAN SUES OVER LEGAL FEES

Patrick Waller, a Texas man whose conviction was recently overturned is now suing his attorney seeking a reduction in attorneys fees, claiming that his lawyer is overcharging him. The attorney in question both successfully lobbied the Texas Legislature to increase the fund to compensate victims of wrongful convictions and obtained the settlement without having to file suit. Additionally, Waller executed a contract approving the arrangement. Even so, Waller contends that he "hired a lawyer, not a lobbyist" and, therefore, the fee of one half of the recovery is too high.

Open season on lawyers is spreading.

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Tuesday, December 29, 2009

 
SUIT ALLEGES FEDERAL STIMULUS FUNDS FOR DISABLED IN SC TRANSFERRED

Note the article "Suit alleges funds for disabled transferred."

We read the Olmstead Final Complaint, as well as the Olmstead Final Petition. And although we think that, based on past experience, the State of South Carolina has some problems, we are not in a position to comment on whether there is legal merit to this Complaint. Still, we suspect that those who are not receiving either their child support or Federally-mandated services should be able to successfully maintain a similar suit on the basis that Federal enforcement funds are either being squandered, being given to non-profits with connections to Legislators, or being used for improper purposes.

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STUPID JUDGE CRITICIZES LEGISLATORS IN E-MAILS

The New York Times has reported in "Judge Censored for Efforts to Secure a Pay Raise":

New York State’s judges have not had a pay raise in 10 years, and at least some of them are angry about it. The delay and subsequent hard feelings have led to suggestions that there has been a secretive judicial job action to pressure the legislature to give judges more money.

On Monday, in the first case of its kind, the state’s Commission on Judicial Conduct censured an upstate county court judge for openly declaring in mass e-mail messages to other judges that refusing to handle certain kinds of cases was “a tactic” and “a weapon” that could help pry a pay increase out of “those clowns” in Albany.

The commission had found that the judge, Larry M. Himelein of Cattaraugus County in western New York, sought to get other judges to refuse to handle cases filed by law firms where the state’s part-time state legislators work as lawyers.

“It has nothing to do with whether I could be impartial, I really believe this is the only weapon we have,” Judge Himelein wrote. The only punishment more severe than a censure is the removal of a judge from office.

The conduct commission’s decision came as the 10-year dispute over judicial salaries is headed to the state’s highest court, the Court of Appeals, on Jan 12. The court is to consider three separate lawsuits by judges against the state challenging the long interval without a pay raise.

Justices of the Supreme Court, the state’s highest-level trial court, earn $136,700 a year. County judges earn a minimum of $119,800. Over the last few years, the Legislature has failed on several occasions to raise judicial pay. With the state’s current fiscal problems, the prospects for a raise have not grown any brighter.

The Court of Appeals case has raised a series of awkward questions for the state government, including whether the Court of Appeals would have the power to order another branch of government to increase judicial salaries if it chose to, and how it could enforce such a ruling.

Judges say the unusual confrontation between the judiciary and the other branches of government shows the depth of their concerns over the salary issue. Because of the intense emotions on the question, some judges around the state have previously disqualified themselves from handling some cases by legislators’ law firms, saying they could not be impartial.

But the state’s chief administrative judge, Ann Pfau, said Monday that there was no evidence of any selective work slowdown. “Judges are working harder than ever,” Judge Pfau said in an interview, noting that judges are required by ethics rules to disqualify themselves from cases if they cannot be impartial.

In its decision Monday, the Judicial Conduct Commission outlined an effort by Judge Himelein over 10 months ending in April 2008 to spur action by judges across the state. In mass e-mail messages, he urged judges to refuse to hear cases filed by many law firms that employ members of the Assembly and the Senate. The commission’s decision said the e-mail messages proved that “the driving reason for his recusals was strategic, not ethical” in disqualifying himself from 11 cases.

In one of the e-mails, he called the Assembly Speaker, Sheldon Silver, a “slug” and said that the judges’ power to refuse to handle cases involving legislators’ law firms was “the only way we have any standing at all with thoseclowns.”

Referring to Mr. Silver, who is associated with the large law firm Weitz & Luxenberg, the judge wrote in a 2007 e-mail message: “When Shelley’s firm can’t get a divorce heard or will probated or a trial date, see if that doesn’t spur some action.”

In its decision released Monday, the commission noted Judge Himelein admitted having engaged in misconduct that included disqualifying himself from probate, tax and other cases involving several law firms that employ state legislators.

Although Judge Himelein is a county court judge, he also sits on State Supreme Court, Family Court and Surrogate’s Court, as is common in many upstate counties. A decision to refuse certain cases by a judge with so many judicial “hats,” could be a major obstacle for affected law firms, lawyers said.

A spokeswoman for Speaker Silver, Melissa Mansfield, declined to comment. A lawyer for Judge Himelein, Terrence M. Connors of Buffalo, said his e-mail “comments were borne out of his frustration over the legislative inaction.”
This has to be one of the stupidest judges in the entire United States. His actions make "IMing" from the Bench look brilliant by comparison.

Monday, December 28, 2009

 
SOUTH CAROLINA CHILD (NON) SUPPORT--A CONTINUING PROBLEM

According to “South Carolina Child (Non) Support,” published on Wednesday, June 6, 2007:

In fiscal 2006, the Department of Social Services collected $253,901,823 in child support.

As of April 30, DSS has 152,162 active child support cases statewide. Of those, 125,102 parents are collectively $1,178,157,745 behind in payments.

Lowcountry breakdown:

--In Berkeley County, DSS is handling 4,863 active support orders. Of those, 4,351 are in arrears. Those people owe $48,384,993.

--In Charleston County, DSS has 14,428 active support orders. Of those, 12,053 owe an outstanding $119,664,284.

--In Dorchester County, DSS has 2,880 active cases. Of those, 2,351 owe $22,894,520.
In the last three years, the child support arrearages in the Tri-county area have increased significantly. And we suspect that the number of active cases has increased also. One would think that this state of affairs would be of concern to the local Legislative Delegation, particularly in view of the fact that the South Carolina General Assembly continues to divert funds from State Agencies to private groups such as Heritage Community Services and the State continues to incur penalties associated with this burgeoning child support arrearage.

There are tens of thousands of children going to bed hungry in the State of South Carolina each night while their daddies spend their child support on whatever they want. And yet neither the Governor nor the Republican-controlled General Assembly appear to be either capable of, or interested in, addressing the problem.

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Sunday, December 27, 2009

 
THE MESS AT SC DSS--HOW THEY GOT THERE AND SOME THINGS TO DO ABOUT IT

On August 22, 1996, President Clinton signed into law The Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Public Law 104-193. Better known as "The Welfare Reform Bill." this law changes how governmental financial assistance is administered to the States, including: changing federal funding to states from an open-ended entitlement to a series of capped block grant allocations; sets time limits on entitlements and cash assistance to welfare recipients; requires most welfare recipients to engage in job activities (this includes work experience, community service, job training, vocational education); changes the disability definitions for Supplemental Security Income (SSI) for children who apply; mandates that states establish methods to enforce collection of unpaid parental child support; denies many legal immigrants from collecting SSI and food stamps; consolidates all child care programs into the Child Care and Development Block Grant, and changes foodstamp recertification requirements.

One requirement imposed upon the States by The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was the installation of a centralized computer system to track and collect child support. A second requirement imposed upon the States by The Welfare Reform Bill was that each State create a centralized New Hire Directory so that the child support enforcement agency of each State could compare the information contained in the Registry with the information contained in the centralized computerized child support tracking system and, when appropriate, Wage Garnishment Orders could be issued.

In order to insure that the States would be able to comply with federal mandates, the Federal Government provided them not only with assistance in understanding the Law, but monetary assistance as well. In order to insure that the States would be motivated to comply with The Welfare Reform Bill, the Bill included penalties against States that failed to comply with the mandates of the Act. These "disincentives" dovetail with The Child Support and Incentive Act of 1998 which rewards States for such things as reducing their child support arrearages and penalizes them for failing to meet certain performance goals.

As of today's date, the State of South Carolina has received approximately $100 Million in Federal Grants to implement its computerized child support tracking and collection system and has been fined approximately $80 Million for its failure to install the system; to our knowledge, South Carolina has neither been fined for its failure to establish a New Hire Directory nor been fined for its failure to make New Hire reporting mandatory. However, while South Carolina AG Henry McMaster has campaigned on a promise to go after "Deadbeats," South Carolina remains the only State lacking the mandated computer system, and South Carolina's arrearages are increasing by $100 Million a year, give or take a few $ Million. Therefore, it should not take long for one of McMaster's political opponents to make the problems at DSS regarding child support collections a political issue. After all, McMaster's actions have been called "shady" by The Wall Street Journal and worse by FITSNEWS. And surely, his pandering and posturing regarding the Health Care Reform Legislation will not be ignored for very long by folks in the Obama Administration.

We have already made suggestions regarding some ways in which South Carolina could increase its child support collection rate, but, those suggestions have been ignored. So, under the circumstances, if we were South Carolina Legislators running for Governor, we would start addressing the problems at DSS by introducing Legislation to insure that South Carolina is in compliance with Federal Law or, at the very least, asking ole Henry for an AG's Opinion on the subject. Likewise, if we were Republican South Carolina Legislators who wanted to divert criticism from the Republican Governor, we would ask Attorney General McMaster for an Opinion regarding the legality of South Carolina Code §63-17-1210 and, if appropriate, introduce Legislation to amend the statute.

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Saturday, December 26, 2009

 
EFFORT BEGUN TO END VOTING FOR JUDGES

An article in The New York Times discusses the efforts of a group of lawyers, political leaders, and judges "to persuade states to choose judges on the basis of merit rather than on their ability to win an election."

Merit as a controlling factor in the selection of judges? Can it happen? And is this Editorial a call for selection of judges on the basis of merit or merely a call to change the makeup of the group that selects the judges? Remember, both Virginia and South Carolina provide for Legislative election of judges; but unlike South Carolina, Virginia has initiated a judicial evaluation program that appears to be designed both to maintain the independence of the Judiciary and to identify judges who are not ethically or intellectually qualified to serve on the Bench.

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Thursday, December 24, 2009

 
CHRISTMAS EVE GRANDSTANDING BY THE GOVERNOR OF SOUTH CAROLINA

This letter is outrageous Christmas Eve Grandstanding. South Carolinians--mostly Mothers earning 77% of the wages of their male counterparts, who in turn earn 80% of the average American wage earner--are owned over one and a half BILLION DOLLARS in past due child support. In the meantime, Mark Sanford's hand-picked DSS Chief and her over-paid incompetent minions cannot manage to do what every other State in the United States has done despite being given $100 Million by the FEDS to comply with the Law and being fined another $80 Million for failure to comply with Welfare Reform Legislation passed during the Clinton Administration. And the Republican-controlled Legislature cannot manage to pass a SIMPLE piece of Legislation that complies with Federal Law.

And no matter how you slice it, this MESS AT DSS is neither the fault of Congressman Jim Clyburn nor that of the Democratic Party. Rather, the blame falls squarely on the shoulders of Governor Mark Sanford and the South Carolina Republicans who control the General Assembly.

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BOY FINALLY REUNITED WITH AMERICAN DAD--THE RULE OF LAW PREVAILS

This is a victory for parents everywhere. More important, it is a victory for both the Rule of Law and the Hague Convention.

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Wednesday, December 23, 2009

 
OPEN SEASON ON JUDICIAL CANDIDATES IN SOUTH CAROLINA

As FITSNEWS predicted would happen, Judge Segars-Andrews has filed suit in the South Carolina Supreme Court. Moreover, for those who are interested, you can read the lawsuit and supporting material here.

It is interesting to note that The Post and Courier article reports "[The Judicial Merit Selection Commission's] 52-page decision also noted that the judge was sending instant messages and signed a Valentine's Day card while hearing arguments about her possible conflict of interest in the case. She replied that she was paying close attention and took detailed notes." This raises the question of whether she habitually multitasks while sitting on the Bench and whether she is often distracted.

People are not supposed to text while driving. And maybe texting while judging will prove to be Judge Segars-Andrews downfall. Still, whatever the outcome of this case, it is open season on judicial candidates of all stripes and persuasions in South Carolina. And only time will tell whether the Segars-Andrews case will stimulate needed reform and improve the pool of judicial candidates or whether it will only serve to discourage qualified candidates from offering for office.

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BRAZILIAN COURT ORDERS RELEASE OF BOY TO U. S. FATHER

The Associated Press has reported that "Brazil's chief justice ruled in favor of a U.S. man who has waged a five-year legal battle for his son, ordering Brazilian relatives on Tuesday to turn over the 9-year-old boy."

According to the article, "Both the U.S. and Brazilian governments have said the matter clearly fell under the Hague Convention, which seeks to ensure that custody decisions are made by the courts in the country where a child originally lived — in this case, the United States."

Also according to The Associated Press, "A lawyer specializing in the Hague Convention said Tuesday's decision by Mendes was the only right one to make. 'It would be virtually impossible to reconcile international law with a ruling in favor of the Brazilian family,' said Greg Lewen of the Miami-based law firm Fowler White Burnett."

One has to wonder why, when the case was so clear cut, it took so long to resolve. After all, "Justice Delayed is Justice Denied."

Still, Merry Christmas David and Sean Goldman!

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Tuesday, December 22, 2009

 
VIRGINIA SHERIFF INDICTED FOR FAILURE TO MAINTAIN PROPER RECORDS

NEWSPLEX.COM reports:
Franklin County Sheriff Ewell Hunt was arrested after a special grand jury indicted him on a misdemeanor charge of not properly maintaining records.

On Monday the grand jury issued a scathing report that described a dysfunctional agency where evidence was stored improperly and Hunt's 19-year-old daughter, Ashley, disrupted the chain of command and was paid for time she didn't work. She wasn't indicted.

The report said Ashley Hunt also accompanied deputies on stakeouts, drug buys and arrests, and once drove a department vehicle on a high-speed chase.

Hunt's attorney says the sheriff and his daughter are innocent and that the sheriff has no plans to resign.
Former South Carolina Sheriff Ray Nash is lucky that he did not live in Virginia. He is also lucky that his successor never followed our recommendation.

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TRANSCRIPTS AND EXHIBITS FROM HEARINGS FOR JUDGE SEGARS-ANDREWS

Click TRANSCRIPTS AND EXHIBITS FROM HEARINGS FOR JUDGE SEGARS-ANDREWS to access the applicable transcripts and exhibits. Click Judge Segars-Andrews Testimony in Public Hearing on November 4, 2009, Day 3 (December 18, 2009) (Word format) to access her public testimony.

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Monday, December 21, 2009

 
CURRENT AND CHILD SUPPORT ARREARS COLLECTIONS DUE AND DISTRIBUTED, FY 2008

Those interested in comparing how their states perform in the area of child support collection should click Table 5: Current And Arrears Collections Due And Distributed, FY 2008.

On average, the total arrearage per state is approximately three (3) times the yearly amount of child support ordered to be paid through the State Family Courts. Three southern states--Florida, Georgia, and Texas--are some of the poorest collectors of child support. However, the absolute worst offender is the State of California--home of "rule by ballot measure"--where the $19,415,806,352 arrearage is the equivalent of over six (6) years of ongoing child support.

Those interested in further reading on this topic can click here to read the most recent Child Support Report from the United States Office of Child Support Enforcement. Note what steps some states are taking to decrease their child support arrearages.

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Sunday, December 20, 2009

 

THINGS ARE LOOKING UP FOR JUSTICE IN THE GOLDMAN CASE

Rachel Glickhouse* writes "Suddenly All's Looking Up. What a Day for the Goldman Case!":

I honestly don't know where to begin with the Goldman case, because there have been so many twists and turns this Friday that the case has been entirely turned upside down. My head is literally spinning with all of the things that happened today, so I'll try to explain them as coherently as possible. The Brazilian family was granted a stay by a judge known for going against the other judges and also known for close political ties with the family. The decision meant that the case could be drawn out until February or longer, even though it's been going on for five excruciating years.

Secretary of State Clinton commented on the TRF-2's unanimous decision to send Sean home and how she was happy that the case was going in the right direction. You can imagine how she probably felt when she found out about Marco Aurélio's little stunt, especially given the fact that the request - for Sean to be heard in court - was already denied months ago by the Supreme Court.

So suddenly, the wheels started spinning very fast. The international media is all over the story, and suddenly Brazil's embarrassing judicial system is in the spotlight once again. Since Congressman Chris Smith is with David in Brazil, word got back to Congress that there was more trouble. So Senator Lautenberg from New Jersey halted a bill that would give trade preferences to Brazil in protest.

Then this evening, David's lawyers and the AGU, the attorney general's office that represents the Brazilian government, both filed separate injunctions (to be exact, writ of mandamus) against Marco Aurélio's decision, directly challenging it.

Meanwhile, Marco Aurélio was kicked off the case and even though the STF is now on summer break, they will hold an emergency session in the next few days. It's unclear whether a definitive decision will come out of it, or if David will in fact have to wait until February.

Oh, but there's more. In reiterating its support for David, the AGU stressed that Brazil is in danger of threatening reciprocity agreements if it fails to live up to its commitment to the Hague Convention, and even said that Brazil may be tried in the Inter-American Court of Human Rights about child abduction.

It also underlined the threat of international repercussions, which the family's lawyer, Sergio Tostes, also claimed was a serious problem with the case yet again. The AGU says that David must be given custody of Sean "as a matter of urgency."

No wait - there's more!

Also this Friday, Tostes had the unbelievable chutzpah to send David a letter inviting him to have Christmas dinner at the abductor's home - that is, at Sean's grandmother's house. It's their way of trying to make it seem like they have made Sean available to David all along and that they're friendly with David, even though they refused to let him visit for five years, returned his packages and letters and gifts, refused to let him speak to Sean by phone or e-mail, and the little fact that David received death threats when he refused to give up the legal battle.

David only managed to see Sean in early 2009 under court order, accompanied by court marshals, a US congressman, and several people the Brazilian family ordered to be in the same room at all times with David. The last time he saw Sean was in June, though the family refused to let Sean leave the condo complex and subjected him to obvious psychological torture and
parental alienation during the visit.

I swear, there's more.

During a press conference today, Tostes also said that the abducting family is ready to negotiate. This is the absolute last thing I expected to happen, and is due to two things: 1) they know they are going to lose the legal battle - rumors are swirling that the higher courts are fully ready to give custody to David, and mostly 2) it seems to me that political pressure is coming from very high up in the Brazilian and American governments like never before, since this is turning into an international affairs crisis
yet again.

However, this isn't exactly up for negotiation - they committed international child abduction, among many other things, and the law is crystal clear that Sean's custody must be tried in New Jersey. So I'm not sure how they exactly expect to negotiate, but that remains to be seen.
There's more!

Even though the Brazilian family is making a last ditch effort at being diplomatic, they also mentioned during the same press conference that they will go after David with "evidence" and "prove that he's an unfit father." Epic fail.

In other news, in a great article from Seth Kugel, the tide of public opinion in Brazil finally seems to be moving in the right direction, as the lies fade away and people realize what is actually going on. It made me extremely happy.

Earlier this week I was more pessimistic than ever, but things have taken an unbelievable turn for the better and this house of cards may fall just yet.
Imagine that. The Rule of Law and Justice can sometimes prevail.

*Rachel Glickhouse, born in 1984, spent two years living in Rio de Janeiro, Brazil after graduating from college in 2007. She now lives in New York with her Brazilian husband. She has also lived in Spain, the Dominican Republic, and Argentina and has traveled through Latin America. You can find more about her in her blog: http://riogringa.typepad.com/.

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EDITORIAL IN THE STATE--"REJECTION OF JUDGE HIGHLIGHTS FLAWS IN SELECTION SYSTEM"

The editorial "Rejection of judge highlights flaws in selection system" was published in The State:

JUDGES HAVE AN astounding degree of power over the lives of people who come before them, so we expect them to demonstrate excellent judgment.

The Legislature's Judicial Merit Selection Commission has an astounding degree of control over the careers of those judges, and so we expect the commissioners to demonstrate excellent judgment.

Unfortunately, in voting to end the career of a well-respected judge for what it considered a terrible error in judgment on a single occasion, the screening commission committed a terrible error in judgment.

Family Court Judge Charlie Segars-Andrews should apply again for her job, the rest of the Legislature should let commission members know how wrong this decision was, and the panel should reverse itself. Meantime, the Legislature should get to work on a better system of electing judges.

Unlike the commission, we don't make this recommendation based on a single case, but rather on a growing list of concerns over its nominations and rejections and on systemic flaws in the way the process works. And unlike the panel's most vocal critics, we're not advocating a return to the no-holds-barred system of selecting judges, which saw rampant vote-trading that too often resulted in the best candidates refusing even to run and the least-qualified candidates winning.

Our system of justice, and by extension our entire government, depends on the ability of judges to make decisions based on the facts and the law and not on what's popular with the public or on what powerful politicians or special interests want; that means they need to be apolitical and independent. But too much independence can breed arrogance, corruption and tyranny; that means there needs to be some serious vetting of would-be judges, and it can be argued that there needs to be some sort of oversight - which of course can impinge on the necessary independence.

South Carolina's judicial selection system has always provided oversight, by requiring judges to seek re-election every six to 10 years. But independence has never been its hallmark, and in fact the courts have, through most of our history, acted as a handmaiden to the Legislature whose members appoint and either reappoint or reject judges, who traditionally came from among its own ranks. That system was reformed in 1997 when the Legislature barred itself from electing candidates not nominated by the new selection commission or reelecting judges not found qualified by the panel. But while that was an improvement, it contained a fundamental flaw: It continued to make a joke of the idea of checks and balances, by giving the Legislature absolute control - and the executive no control - over the third "co-equal" branch of government. That not only undermines checks and balances but also invites raw political calculation in a way that gubernatorial involvement would not.

The least bad system of judicial selection allows the governor to appoint or re-appoint judges, subject to legislative confirmation, from a list of candidates nominated by a truly independent selection commission, perhaps appointed by (but not including members of) the Legislature. This would give both of the political branches of government roughly equal say over the judiciary while giving the public a chance to hold someone (the governor) accountable if clearly unqualified judges are appointed or reappointed.

But if that's too close to actual checking and balancing for our Legislature to stomach, and if lawmakers are determined that they must select judges, then they at least need to let the governor select the nominating commission. In addition to the theoretical superiority of a balanced system, this has the practical advantage of giving voters someone to blame when a talented, respected judge is kicked off the bench because she made one call that the commission didn't agree with.

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Saturday, December 19, 2009

 
SOUTH CAROLINA JUDICIAL MERIT SELECTION COMMISSION REPORT ON THE HONORABLE F. P. "CHARLIE" SEGARS-ANDREWS

Click here to access the Final South Carolina Judicial Merit Selection Report on Judge Segars-Andrews. We have read it in its entirety and still do not understand the basis of the Commission's ruling. It is obvious that Judge Segars-Andrews exhibited both (much regretted) poor judgment and an unnecessary disdain for Steven S. McKenzie, Esquire. However, the manner in which Judge Segars-Andrews conducted herself in the one case that the Commission cited in its ruling does not appear to be so egregious as to disqualify her from serving as a judge for all time and to effectively destroy her reputation. In our opinion, in reaching the conclusion that it reached based on the evidence before it, the Commission abrogated its responsibilities both to the general public and Judge Segars-Andrews and made a mockery of a system that is supposed to be designed to operate in an objective and impartial manner.

The long and the short of this case is that the publicly accessible evidence does not demonstrate that Judge Segars-Andrews is unqualified to serve as a Family-Court Judge, but only serves to demonstrate that she is human and, therefore, capable of exhibiting both lapses in judgment and errors in reasoning.

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Friday, December 18, 2009

 
BRAZIL ASSISTS IN DENYING BIOLOGICAL FATHER REUNIFICATION WITH HIS SON

The AP has reported that "Brazilian top court rules boy stays for now."

This ruling is clearly in violation of International Law, common sense, and common decency. Parents everywhere should be outraged at Brazil's actions and should boycott Brazilian products until Sean Goldman is reunited with his father and allowed to return home to the United States.

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Thursday, December 17, 2009

 
SOUTH CAROLINA STATE BUDGET CRISIS DEEPENS--KATHLEEN HAYES STILL DOES NOT "GET IT"

According to the article "State budget crisis deepens":
Kathleen Hayes, director of the Department of Social Services, said the latest budget cut comes after the agency has cut services to families and children, required its workers to take unpaid time off, laid off others, eliminated vacant positions and kept a freeze on hiring.

The 5 percent reduction means the agency might not be able to meet its ongoing obligations, Hayes said. At the Social Services Department, a 5 percent cut equals $6.25 million. The agency is down $48 million since July 2008.

Those cuts, in turn, affected the agency's ability to secure matching federal funds. And in September, Hayes said the agency was notified that it would lose $16 million for welfare services.

Meanwhile, the need for welfare services is up 46 percent since 2007. The number of families who have qualified for food stamps increased by 31 percent in the last two years.

"Families in South Carolina are hurting," Hayes said in a statement. "We are seeing people who have never sought the services of DSS before."
Dr. Hayes has been on the job for two years now and she apparently still does not understand that tens of thousands of custodial parents are hurting because the South Carolina Department of Social Services' failure to install a federally-mandated state-wide computerized child support tracking and collection system has resulted in a situation whereby the South Carolina Family Courts cannot locate tens of thousands of non-custodial parents and enforce their child support obligations.

This failure on the part of this agency has also resulted in the imposition of TENS of MILLIONS of fines by the Federal Government against the State of South Carolina. This situation has now existed for over twelve years. Every other State in the Country has managed to install a state-wide computerized child support tracking and collection system and, as a result, some of them are seeing their child support arrearages begin to decrease rather than increase. So the time has come for Dr. Hayes to either solve the problem or step down and let someone who knows what they are doing take over. This has essentially been our position for eight (8) months and we have seen nothing to to change our opinion.

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Wednesday, December 16, 2009

 
SC BUDGET BOARD CUTTING STATE BUDGET 5 PERCENT BUT WASTE CONTINUES

According to "SC budget board cutting state budget 5 percent:"
South Carolina's high unemployment and slow tax collections are likely to put more people out of work or cut paychecks as the state's budget oversight board decided Tuesday to cut 5 percent from state budgets to keep the state's $5 billion spending plan balanced.

The $238.2 million reduction ordered by the Budget and Control Board means across-the-board spending cuts, but the public schools, the state's colleges, health care, welfare and prisons take the largest total hits in spending. In September, the board cut 4 percent from the state's budget to head off potential deficits, but the economy has continued to lose steam.

State tax collections have fallen sharply. South Carolina's 12 percent unemployment rate in October was the nation's fifth highest, a leading cause of plunging state tax collections.

Tuesday's reduction means a $100.5 million loss for the state's public schools in the wake of an $85.4 million cut in September. Schools had lost $513 million in the previous fiscal year, depleting reserves and raising the specter of thousands of teachers losing their jobs. While federal stimulus cash blunted that, districts are again fretting cuts to payrolls and programs.

"This goes above and beyond what I think many districts were trying to plan for and sends them back to the drawing board," said Scott Price, the lobbyist for the South Carolina School Boards Association. It will translate into furloughs and unfilled positions.

"That leads to things like increased class size. Things that aren't core programs would be on the chopping block," Price said.

Meanwhile, the state's Department of Health and Human Services loses $38.3 million from its Medicaid programs. Agency director Emma Forkner said last week she might not be able to handle that reduction without breaking state and federal laws or running a deficit.

State colleges lose $23 million, with the University of South Carolina giving up $6.7 million and Clemson University nearly $6 million.

The Department of Corrections loses $15.8 million. Agency director Jon Ozmint asked the board to let his prison system run a $13 million deficit in an effort to avoid telling his guards to take five more days of unpaid days off on top of the five furlough days they've already taken.
With all the funding shortfalls and South Carolina's increasing inability to provide federally-mandated and essential services, one cannot help but question why the State Continues to divert funds from the Department of Social Services to “non-profits," such as Heritage Community Services, which are neither accountable to the taxpayers nor providing essential services. More to the point, we wonder why DSS Director Dr. Kathleen Hayes has not publicly and forcefully opposed this raid on her budget.

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Tuesday, December 15, 2009

 
DAD BARRED FROM TAKING HIS "JEWISH BABY" TO CHURCH

Click CBS News: Dad Barred From Taking His "Jewish Baby" To Church to view the CBS video. Click here to read a print account.

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Monday, December 14, 2009

 
"ONE STRIKE AND YOU'RE OUT?" ASKS THE POST AND COURIER

The Editorial "One strike and you're out?" appeared in the Sunday, December 13, 2009 edition of The Post and Courier. We take no position on accuracy of some of the facts presented. However, because we beleive this Editorial make some points worthy of discussion and consideration, we have posted it in its entirity:

The unfortunate decision to disqualify Family Court Judge Charlie Segars-Andrews from re-appointment bodes ill for the state's judicial screening system. The Judicial Merit Selection Commission, in this matter, failed the tests of openness, clarity and fairness.

The commission based its assessment of the judge on one 2006 divorce case that drew a complaint from one of the litigants. A single case isn't sufficient unless the judge's behavior or judgment was egregious, and in this case it seems the judge's behavior and her rulings were appropriate. That's what both the Court of Appeals and the state's Judicial Conduct Commission found and what the commission was advised of.

The crux of the issue is that Judge Segars-Andrews did not recuse herself after she learned late in court proceedings that a lawyer in the case she was hearing had shared in a $300,000 award with a law partner of Judge Segars-Andrews' husband.

Ms. Segars-Andrews was advised by a legal ethics expert that she was obligated to continue on the case, and she did.

Yet the Judicial Merit Selection Commission disqualified her solely on the basis of that same case. Unfortunately, they deliberated behind closed doors, so the full extent of their reasoning is unclear. But it appears that one strike, and a judge with 16 years of service -- a judge who went well beyond her duties and established a successful juvenile "drug court" -- is out.

To further confound the public, the commission has refused to divulge e-mails and other communications related to Judge Segars-Andrews.

The state's judges should be held to highest ethical and behavioral standards. A judge who abuses his or her power should be removed from the bench as should a judge whose rulings are regularly flawed. Litigants deserve assurance that their cases will be handled wisely and fairly.

The intent of the state's judicial selection system is commendable: to put the best people on the bench by screening them based on their merit instead of appointing them based solely on political connections.

Appropriately, the process uses objective tools (like SLED checks, financial reports, newspaper articles and a general review of a judge's performance on the bench) and subjective evidence from litigants with reasonable complaints.

But the process should in no way allow a litigant, or the commission, to drum out a judge because of a distasteful ruling. Judicial rulings almost always leave someone dissatisfied. The Judicial Merit Selection Commission should not allow itself to be a place for unhappy people to vent their displeasure with a judge because of a ruling.

The S.C. chapter of the American Academy of Matrimonial Lawyers is among those who have expressed serious concern about the commission's decision regarding Ms. Segars-Andrews and its lack of transparency in reaching that decision. Indeed, when public officials do the public's business in secret, the public becomes justifiably distrustful of the process.

The Judicial Merit Selection Commission, and all other officials who are part of the judicial selection process, should strive to be open, fair, wise and impartial, and they should provide South Carolina with judges who are the same.

The commission's decision to disqualify Judge Segars-Andrews doesn't measure up to those standards.

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Friday, December 11, 2009

 
TIGER'S ALLEGED MISTRESS WANTED FOR NON-PAYMENT OF CHILD SUPPORT

According to Seattle Washington Channel 5 News:

She is alleged mistress #11 in the ongoing saga of Tiger Woods' apparent affairs and she's wanted by the Department of Social and Health Services.

The television show "Inside Edition" claims Tiger's latest alleged mistress is Joslyn James who could be seen dancing at an adult entertainment convention in Las Vegas last year.

Her real name is Veronica Siwik-Daniels and she appears on the "30 most wanted" list of Washington State's DSHS.

The Web site claims she owes more than $12,000 in child support for her 10-year-old daughter. It lists Daniels' hometown as Las Vegas.

We can understand how a person owing $12,000 in back child support could evade the authorities in South Carolina where 70,000 people who are in arrears on their child support obligations have managed to secret themselves. But how does a highly visible "porn star" who lives in a state with a computerized child support tracking and collection system manage to avoid detection, arrest, and prosecution?

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Thursday, December 10, 2009

 
FOR FLORIDA JUDGES ON FACEBOOK, FRIENDSHIP HAS LIMITS

The New York Time reports in "For Judges on Facebook, Friendship Has Limits":

Judges and lawyers in Florida can no longer be Facebook friends.

In a recent opinion, the state’s Judicial Ethics Advisory Committee decided it was time to set limits on judicial behavior online. When judges “friend” lawyers who may appear before them, the committee said, it creates the appearance of a conflict of interest, since it “reasonably conveys to others the impression that these lawyer ‘friends’ are in a special position to influence the judge.”

In practice, of course, actual friends and Facebook friends can be as different as leather and pleather, and the committee did recognize that online friends were not the same as friends in the traditional sense. A minority of the panel would have allowed Facebook friendship, which it characterized as more like “a contact or acquaintance” without conveying the notion of “feelings of affection or personal regard.”

But the committee’s majority concluded that the possibility of the appearance of impropriety required that they recommend against friending, said Judge T. Michael Jones of the First Judicial Circuit Court, a committee member. He emphasized that the committee’s role was advisory, and that the opinion “does not have the force of a Supreme Court opinion” in Florida.

The decision was issued last month, and was first reported Tuesday by the Legal Profession Blog.

Stephen Gillers, a legal ethics expert at New York University, said the Florida rule went too far. “In my view, they are being hypersensitive,” Professor Gillers said. He noted that the differences within the committee probably indicated a generational gap, which Judge Jones said was not the case. In the case of a truly close friendship between a judge and a lawyer involved in a case, the other side can simply seek to disqualify the judge, Professor Gillers said.
Judges do not “drop out of society when they become judges,” he said. “The people who were their friends before they went on the bench remained their friends, and many of them were lawyers.”

Nonetheless, Professor Gillers said, many judges are careful not to socialize with friends during cases that involve them.

One Florida county judge, Nina Ashenafi Richardson of Tallahassee, said the rule was “probably a good idea, just to avoid any perceptions of impropriety.” Although the judge has a Facebook page that a friend put together for her political campaign — “it was an amazing tool to get my message out” — she said she had not used it since.

Still, legal sycophants can take heart: lawyers can declare themselves Facebook “fans” of judges, the committee said, “as long as the judge or committee controlling the site cannot accept or reject the lawyer’s listing of himself or herself on the site.”

Wednesday, December 09, 2009

 
FITSNEWS ON THE SEGARS-ANDREWS CONTROVERSY

Click here and here to read some contrasting points of view.

Good judge who offended powerful people or corrupt judge who is getting what she deserves? Maybe the public will never know the whole truth. But, one thing is certain--the whole judge-selection process is a shambles and needs to be rethought.

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Monday, December 07, 2009

 
IS THIS ANY WAY TO SELECT A JUDGE?

In the article Group supports Segars-Andrews, The Post and Courier reports:

The South Carolina chapter of the American Academy of Matrimonial Lawyers issued a strongly-worded statement Saturday in support of Family Court Judge F.P. "Charlie" Segars-Andrews.

The judge, who lives in Mount Pleasant and has served on the bench more than 16 years, may be ineligible for reappointment next year because the state Judicial Merit Selection Commission has found her unqualified because of an ethics issue.

"This is a bizarre event in our history and sets an extremely bad precedent," the academy's statement reads. "There needs to be absolute transparency, not meetings behind closed doors on this critical issue," an apparent reference to the commission's decision Wednesday to adjourn to closed session four times.

While the commission's decision won't be final until it issues a written report, members have voted 7-3 to find Segars-Andrews unqualified because she ruled in a Clarendon County divorce case even though one attorney involved shared in a lucrative case with her husband's law firm, among other things.

The matrimonial lawyers group is asking the commission to delay any vote on her until one of its members, University of South Carolina professor emeritus John Freeman issues his report. Freeman is the sole commissioner to have found Segars-Andrews qualified all along.

"We believe the commission members and the public should be able to read Professor Freeman's unbiased, non-political, expert opinion before a vote is taken," the academy said.

It also noted that the S.C. Court of Appeals and the Judicial Conduct Commission found no wrongdoing in Segars-Andrews' handling of the divorce case, so the academy noted the commission, "for the first time in its history, is essentially impeaching a judge who has been found innocent of any wrongdoing by the existing legal system."

Commission chairman and Senate President Pro Tem Glenn McConnell has said the commission's final report on the judge could be done by Christmas.

From our perspective, this whole process is "whacked." First, the Commission has too much power because it can effectively deprive the majority of Legislators from voting for the person they believe to be most qualified to sit on the Bench. Second, Commissioners can base their votes on "evidence" that may be neither reliable nor available to other Commissioners. Third, there does not appear to be any objective selection standard to which the Commissioners must adhere and Commissioners can change their minds willy-nilly without explanation and, apparently, without limitation. And last, supporters and detractors of candidates alike both know the identities of the Commissioners and can exert pressure on them.

In short, while Judge Segars-Andrews may or may not be qualified to serve on the Family Court Bench, this KANGAROO COURT STAR CHAMBER PROCESS devoid, as it is, of transparency, accountability, and due process, does not appear likely to result in a fair determination of the question at hand.

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Sunday, December 06, 2009

 
LAWYERS ADMIT THEY ARE MENTALLY ILL AS A GROUP

According to an unscientific survey taken by Above the Law, ATL readers report a rate of work-related, stress induced illnesses at about twice the national average. That scares us a little--seems like a recipe for disaster, especially in Family Court.

Saturday, December 05, 2009

 
THE CONTINUING SAGA OF JUDGE SEGARS-ANDREWS

There are no on-line posts to this article. However, on-line posts to the previous articles in this series clearly reveal that there is serious sentiment for Family Court Reform. We do not have enough information about particular anonymous complaints lodged against Judge Segars-Andrews to comment about their validity. We were, however, struck by the revelation by State Senator McConnell that the wife's attorney submitted fees of $166,000 while the husband's fees were only $8,000. The fact that Judge Segars-Andrews made the husband pay his wife's attorney eleven times what he paid his own attorney certainly raises questions about her impartiality. Therefore, the judge's travails may just be beginning.

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Friday, December 04, 2009

 
ANOTHER ONE BITES THE DUST--CLERK ARRESTED & CHARGED WITH EMBEZZLEMENT

On October 9, 2009 we wrote THREE MORE REASONS FOR GREATER TRANSPARENCY OF PUBLIC FINANCIAL RECORDS. And that was before we read Clerk charged with embezzlement:
Authorities have accused a 64-year-old clerk of a rural South Carolina town with stealing more than $35,000.

State Law Enforcement Division officials said Patricia Fowler was arrested Tuesday and charged with embezzlement of public funds. Williston is about 50 miles south of Columbia, with a population of about 3,300. The town clerk is accused of taking $35,734 since March.
Again, we hope that an investigation determines that this is a misunderstanding. However, the facts that have been reported thus far suggest a continuing need for oversight and accountability of public funds.

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Thursday, December 03, 2009

 
DID SOUTH CAROLINA JUDGE GET TREATED FAIRLY?

The Post and Courier has reported that Judge Segars-Andrews' "rating remains the same" and that she will not be eligible for re-election to the bench. This seems like a high price to pay for exercising a discretionary decision that, in hindsight, may have been a bad decision. After all, the lawyer who failed to report the conflict to Judge Segars-Andrews at the outset of the proceedings has apparently escaped unscathed.

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Tuesday, December 01, 2009

 
MORE EGG ON THE FACE OF SOUTH CAROLINA

An editorial in The Post and Courier takes the South Carolina Employment Security Commission to task for its "ineptitude" and outdated 23-year old computer system. It then goes on to suggest that one way to increase accountability and efficiency would be to place the agency under the oversight of the Governor. After all, that worked well for the CSED of the South Carolina Department of Social Services.

Whoops! we almost forgot--the CSED of the SCDSS not only does not have a 23-year old centralized computer system, but South Carolina remains the only State in the Country without a centralized child support tracking and collection system of any kind.

So, Post and Courier, where is the outrage against DSS?

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