From: Subject: The Power of Court Watching Date: Wed, 6 Jan 2010 15:07:28 -0500 MIME-Version: 1.0 Content-Type: multipart/related; type="text/html"; boundary="----=_NextPart_000_005A_01CA8EE1.F637D380" X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.5579 This is a multi-part message in MIME format. ------=_NextPart_000_005A_01CA8EE1.F637D380 Content-Type: text/html; charset="utf-8" Content-Transfer-Encoding: quoted-printable Content-Location: http://www.facenj.org/aboutface/00q2/watch.html =EF=BB=BF The Power of Court Watching

AboutFACE=20 Newsletter Archives FACE New Jersey Home = Page

The Power of Court Watching

by Jeff Golden, April 2000

After having been a good citizen all his life, family court has = stripped a=20 father of his home, his car, his bank account and his children. He is in = a daze=20 of disbelief, but he still has faith in the American system of justice. = His=20 ex-wife has not had his name removed from the title of the car she was = awarded,=20 and now she is withholding the children at his parenting time.

He wants to return to court to right the wrongs, but he can no longer = afford=20 to pay his lawyer. He decides to try it pro se (representing = himself). He=20 picks up a "pro se kit" at the courthouse, carefully follows all the=20 instructions, and files and serves his papers.

His day in court arrives. He patiently waits for his turn to present = his=20 case. He sits there while the judge hears all the other cases. Finally, = only the=20 father, his ex-wife=EF=BF=BDs lawyer and a few court employees remain in = the courtroom.=20 (The ex-wife isn=EF=BF=BDt even there.)

The judge calls his case. He and the lawyer sit at the counsel = tables. One of=20 the guards hovers menacingly behind him. The judge asks him to state his = name,=20 then says "I=EF=BF=BDve read your papers," and invites his = ex-wife=EF=BF=BDs lawyer to respond.=20

The lawyer goes into a dissertation on how the father=EF=BF=BDs = complaints are=20 without merit. It is full of lies and distortions. He raises issues that = weren=EF=BF=BDt=20 in the papers. The father waves his hand and tries to tell his side of = the=20 story. The judge gruffly says "keep quiet, Mr. Jones!"

When the ex-wife=EF=BF=BDs lawyer is finished, the father still = isn=EF=BF=BDt allowed to say=20 anything. The judge renders his decision. The judge rules against the = father on=20 every issue, reduces his already insufficient parenting time with his = children,=20 increases his child support, and orders him to pay his ex-wife=EF=BF=BDs = lawyer=EF=BF=BDs fees.=20

The lawyer is charging for an hour of phone conversations with his = client,=20 three hours preparing their response papers, three hours waiting for the = case to=20 be heard today, and even a half hour of travel time driving to the = courthouse.=20 He charges $200 per hour, so he wants $1,500! The judge gives the father = thirty=20 days to pay.

Frustrated and humiliated, the father leaves the courtroom.

What went wrong? Why was this father treated so poorly? He was the = victim of=20 the unwritten rules of family court.

First, "family court" is a misnomer. It should be called = "women=EF=BF=BDs court."=20 Women go there to get something; men pay. The mother was treated as a = damsel in=20 distress. The judge, who was probably raised in an upper-middle class = family and=20 taught to be chivalrous to women, thought he was Sir Galahad in shining = armor,=20 charging in on his white horse to rescue her from the fire-breathing = dragon.=20

Assuming that no one has committed a criminal act, when they walk = into the=20 courtroom for the first time and the judge knows nothing about either = party, men=20 have less than a forty percent chance of winning. They have to score = percentage=20 points early just to get even. The father=EF=BF=BDs first mistake was = being the litigant=20 with the penis.

Second, the father arrived in court alone. He should have brought an=20 audience. If you were going to commit a crime or otherwise behave = improperly,=20 you wouldn=EF=BF=BDt do it in public. You would try to make sure there = were no=20 witnesses. The same thing applies to a judge. If he is going to break = the rules=20 or act improperly, he doesn=EF=BF=BDt want a lot of people watching.

Also, while women are damsels in distress, the court thinks of men as = dangerous rogue wolves and "loners." That=EF=BF=BDs why the guards were = hanging around.=20 Their job is to pounce on the guy when he leaps over the bench and wraps = the his=20 hands around the judge=EF=BF=BDs neck, or pulls out his Uzzi and starts = spraying=20 bullets.

Third, the father hadn=EF=BF=BDt done any homework. Oh, yes, he may = have watched=20 Perry Mason or Matlock re-runs on TV a few times, so he thought he knew = what=20 goes on in a courtroom. He may even have once defended himself for a = traffic=20 violation, but he didn=EF=BF=BDt find out how "women=EF=BF=BDs court" = works.

Fourth, he didn=EF=BF=BDt know that the judge and the lawyer are = buddies. No, there=20 was probably no overt conflict of interest (although they might = have been=20 former business partners, or golfing buddies, or, in one actual case, = neighbors=20 and former political running mates), but they do know each other, = or at=20 least they are acquaintances. The lawyer is in that courthouse,=20 presenting cases to that judge every day.

And last, he didn=EF=BF=BDt know the rules. If he had never played = poker, and he went=20 to a casino and sat down at a poker table and put his life savings on = the table,=20 he might win, but more likely he would lose it all before he = mastered the=20 game. If he had first read a book on poker, he might do a little better. = If he=20 spent some time watching others play, he would do better still. If he = attended=20 poker school, he would do even better.

What could this father have done differently? Court watching! = What=EF=BF=BDs=20 that?

Court watching is sitting in the courtroom and observing what goes = on. Why=20 would I want to do that? Because, since you are not a lawyer and you = never went=20 to law school, for you court watching is "Law School 101." You will = observe=20 other cases and find out what are the judge=EF=BF=BDs "hot buttons" = (what he likes and=20 dislikes). You will learn what arguments lawyers are making in other = cases that=20 you might be able to apply to your own. You will see what mistakes other = pro se=20 litigants make and how the judge treats (or mistreats) them. You will = learn=20 precedent cases, points of law and rules of court and how they are = applied.

How did we learn the power of court watching? Shortly after FACE was = founded,=20 a member was in a position very similar to that of the father in the = example at=20 the beginning of this article. He had run out of money for lawyers. He = was going=20 back to court pro se over and over, but was getting nowhere. He did = notice,=20 though, that the judge was always hearing his case last and, with no = witnesses=20 present, was more disrespectful to him than to people in cases heard = earlier in=20 the day.

He asked some fellow FACE members to come with him to his next motion = hearing=20 to provide moral support, and so he wouldn=EF=BF=BDt be talking to an = empty courtroom.=20 When most of the cases had already been heard, the judge was shuffling = through=20 some papers on his desk and looking around the courtroom. He said "I = only have=20 three cases left to be heard, and there appear to be too many people = here."

No one said anything. After a long pause, the judge asked "Does = anyone want=20 to tell me what they=EF=BF=BDre doing here?"

One of the court watchers stood and said "We are here to observe the = Smith=20 case. We want to see if Mr. Smith=EF=BF=BDs rights will be violated = today."

Another long pause, then the judge said "Alright, I=EF=BF=BDll hear = the Smith case=20 next."

Mr. Smith didn=EF=BF=BDt do much better in court that day than he had = in the past,=20 but he did notice that there was a 180 degree shift in the = judge=EF=BF=BDs attitude=20 toward him. He decided right then to never again go to court alone.

Why did this happen? Remember the "rogue wolf" theory? The judge = learned that=20 day that Mr. Smith is not a lone wolf. He is a member of a = community. He=20 has supporters who are interested in his and his children=EF=BF=BDs = welfare and the=20 outcome of his case.

Other similarly situated FACE members wanted -- needed! -- to = be pro=20 se, but didn=EF=BF=BDt have the confidence to do it. We began a formal = court watching=20 program. When a pro se FACE member went to court, as many of us as could = would=20 go along with him. We wanted the judge to know who we were and that we = were=20 observing him, so we all wore our FACE buttons.

We also wanted the judge to know who we were there for, so instead of = remaining seated all around the courtroom, when our member=EF=BF=BDs = case was called we=20 all moved forward and sat as close behind him as we could. We provided = moral=20 support for the guy whose case was being heard that day, and = encouragement for=20 the court watchers who also wanted to become pro se.

People who had never represented themselves in court would sit next = to more=20 experienced pro se litigators, who would explain what was going on and = point out=20 key events. All of the FACE court watchers brought paper and pencils = with them,=20 and took notes on all of the cases. Later, they would exchange = information and=20 discuss what they observed. They would debrief the FACE litigant, = telling him=20 what he did right and what needed improvement for next time.

We bought copies of the Rules of Court and studied them. Sometimes we = would=20 observe the judge blatantly violating the rules or otherwise acting = improperly.=20 When we did, we would either write to the judge and give him an = opportunity to=20 correct his mistake, or we would all send complaints to the Advisory = Committee=20 on Judicial Conduct.

We knew we were being effective when lawyers began complaining about = us being=20 there "to intimidate the judge." This is the most asinine thing I ever = heard.=20 The judges have the sheriff=EF=BF=BDs officers, the metal detectors at = the front door,=20 the handcuffs, the jail cells, the power to sign the court orders. How = could=20 we possibly intimidate them?

We weren=EF=BF=BDt there to intimidate anyone. We were just citizens = observing the=20 judicial process in action. The judge and other court employees are = "public=20 servants." We are the public. We just want to see how our servants are = doing=20 their jobs.

Sometimes judges tried to eject us from the courtroom. Sometimes, = when a FACE=20 member=EF=BF=BDs case was scheduled, the judge would have the bailiff = lock the courtroom=20 door before all the court watchers were inside. Its not the = judge=EF=BF=BDs courtroom;=20 its the people=EF=BF=BDs courtroom. Our taxes paid for the = courtroom and=20 everything in it. Although there are some instances when a judge is = permitted to=20 close a courtroom (i.e. cases involving the welfare of a child -- abuse, = termination of parental rights, etc.), courtrooms and what happens = inside them=20 are open to the public.

When we were improperly barred from court, we would complain to the=20 assignment judge. A phone call would be made, and the courtroom would be = reopened to us. Later we learned to avoid this problem by having all the = court=20 watchers enter the courtroom before our guy goes in.

Since New Jersey judges are appointed (rather than elected), we were = also=20 able to use the information we gathered while court watching in another = way.=20 After an initial seven year term, judges go through a "confirmation" = process to=20 become "tenured" (appointed a judge until age seventy). Because we had = observed=20 and taken notes on untenured judges so often, we developed a database of = judges=EF=BF=BD=20 improprieties. When judges=EF=BF=BD confirmation hearings were held, we = would notify the=20 litigants whose rights were violated, and go to Trenton with them to = testify=20 against reappointment.

Court watching is your most important resource. Often, people say "I = can=EF=BF=BDt go=20 court watching. I can=EF=BF=BDt afford to take the time off of work." = Wrong! Actually,=20 you can=EF=BF=BDt afford not to take time off of work. Consider = it an investment=20 in your and your children=EF=BF=BDs future.

Fridays are "motion days" in New Jersey family courts. Usually, all = motions=20 are heard in the morning. Let=EF=BF=BDs say, for example, that you net = $500 a week, you=20 pay $150 a week in financial child support, and your youngest child is = three=20 years old. If you arrange to take off ten Friday mornings to court = watch, it=20 will cost you $500. (One half of $100 per day is $50; multiplied by ten = Fridays=20 equals $500.) You will be paying child support for at least = another=20 fifteen years. If you learn something that you can use to reduce your = child=20 support by only $10, you will save at least $7,800 before your = last child=20 is emancipated! That will go a long way toward your child=EF=BF=BDs = college=20 education.

If you learn how to effectively oppose your ex-wife=EF=BF=BDs counsel = fees, she will=20 have to pay her own lawyer. If you do this a few times, she will learn = that it=20 is very expensive for her to continually litigate in court, and its less = expensive and far less stressful to just resolve issues between = yourselves.

Some people ask "Can I just go into any courtroom, sit down, and = watch what=EF=BF=BDs=20 going on?" Remember the 1962 movie "To Kill A Mockingbird?" It stars = Gregory=20 Peck as Atticus Finch, a lawyer appointed to defend Tom Robinson, a = black man=20 falsely accused of raping a white woman in Alabama in 1932. Before the = trial,=20 the townspeople spent most of their time sitting on park benches in the = public=20 square, but during the trial, they all filed into the courthouse and = packed the=20 courtroom. There was no TV in the 1930s so, when there was a trial, that = was=20 their entertainment.

There is a tradition of open, public courtrooms in America, and we = consider=20 countries where trials are held in secret to be repressive. It=EF=BF=BDs = your=20 courtroom. You own it; the judge doesn=EF=BF=BDt. Your taxes paid for = it. Go in and see=20 what your tax dollars are buying.

"What if the guard asks me what I=EF=BF=BDm doing there?" Just tell = him "I=EF=BF=BDm a=20 citizen, observing the judicial process in action." If he gives you a = hard time=20 or tries to exclude you, complain to the assignment judge and file a = complaint=20 against him with the sheriff.

"Can I bring anyone with me?" Yes! In fact, never go to = court=20 alone. Bring as many people as you can. Bring your mother, your = father, your=20 sister, your brother, your elderly Aunt Sylvia, your retired Great-Uncle = Joe.=20 Try to all sit together. Make the judge know that you are a member of a=20 community, and that people care about you and your children=EF=BF=BDs = welfare. If the=20 judge acts improperly or treats you unfairly, they can all send = letters=20 to the Advisory Committee on Judicial Conduct.

"Won=EF=BF=BDt the judge be annoyed with me being there so often?" = Maybe, but are you=20 satisfied with how he has treated you without you being there? If = you=20 read this far, you=EF=BF=BDre probably not. The judge=EF=BF=BDs job is = to dispense justice=20 fairly. If he had done that, you would have no need to come back. Make = him do=20 his job properly. If he gets really annoyed, all he has to do is = decide=20 the case in your favor, and he=EF=BF=BDll never see you again.

Now, my favorite court watching success story: John Doe joined FACE = shortly=20 after his divorce. There were some issues that had not been fully = resolved in=20 the final order, and he wanted to file a motion. We helped him write his = papers,=20 told him how to file them, and invited him to come court watching with = us. He=20 could see the benefits of court watching, but was uneasy about being = seen in=20 court with FACE members.

A few days after filing his papers, John phoned the court and asked = to which=20 judge his motion had been assigned. For the next four Friday mornings, = he=20 observed in that judge=EF=BF=BDs courtroom.

For the first two weeks, John arrived at 9:00 AM and observed all the = motions=20 heard that day. He took notes on all the cases. When all the motions had = been=20 heard, he left and went back to work. He didn=EF=BF=BDt understand all = of what he=20 observed, so he asked us about it.

On the third Friday, something strange happened. About three quarters = of the=20 way through the cases, the judge asked everyone in the room for which = case they=20 were there. When John was asked, he said "I filed a pro se motion that = you are=20 going to hear in two weeks. I=EF=BF=BDm not a lawyer, and I = don=EF=BF=BDt understand everything=20 that=EF=BF=BDs goes on here, so I=EF=BF=BDm here observing to prepare = for my own motion."

All judges are egotists, and this judge was no exception. He was = pleased to=20 see a mere mortal pro se litigant worshiping at his feet. He said "Well, = we=EF=BF=BDre=20 very glad to have you here. You are, of course, welcome to observe. If = there=EF=BF=BDs=20 anything you don=EF=BF=BDt understand, feel free to ask my staff about = it." John sat=20 through the rest of the cases that day, then left.

When John was there the next week, about half way through the motions = the=20 judge made eye contact with him. The judge gave him a nod and a little = smile,=20 and John nodded back to him. They were now "acquaintances." They = nodded=20 "hello" when they saw each other.

John Doe=EF=BF=BDs motion was heard the next week. This was his first = time in court=20 as a pro se litigant, and he won on every issue!

In recent years, FACE members have become complacent about court = watching.=20 When we were very actively court watching, we had a "court watching = coordinator"=20 who kept track of scheduled court dates, members available to court = watch for=20 others, and members who have court watched in the past. The coordinator = would=20 make sure observers were present at every pro se hearing. We need = someone to=20 volunteer for that job again today. With internet and email capability, = it will=20 now be even easier to communicate. To volunteer for this job, phone the = FACE=20 hotline at 856-786-FACE, or email info@facenj.org.

If you are a FACE member who would like court watchers at your = hearing, let=20 us know what the issues are, and when and where it will be heard. = Remember,=20 court watching is an educational process for everyone involved -- the = litigants,=20 the court watchers, the judge, the lawyers. If you don=EF=BF=BDt have an = interest in or=20 time available for court watching for your fellow FACE members, = don=EF=BF=BDt be=20 disappointed if they don=EF=BF=BDt come to court for you.

AboutFACE=20 Newsletter Archives FACE New Jersey Home = Page

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