A Christian Response to Racism

BarristerOne common thread throughout mankind is the endemic ugliness of racism.

Human history is rife with examples: early Romans subjugated the Jews; slavery was rampant; India’s caste system ostracizes the untouchables; Japanese immigrants to Canada and the United States were rounded up and forced into internment camps; indigenous peoples in Canada, Australia, the United States live amid poverty and discrimination; Germany oversaw the murder of Jews, political prisoners, homosexuals, and the mentally disabled; colonialism and apartheid ruled South Africa;  Jim Crow laws ruled the south, and today in North America, African-Americans have risen up to demand an end to systemic racism, their action propelled by a wave of police shootings of black men.

Meanwhile, white America reels as black vigilantes assassinate white and black police officers in retaliation, as Black Lives Matter assumes centre stage in the public arena.

The question I pose is whether Christians should believe and act upon the notion that racial injustice is a gospel issue that deserves our energy and attention. I believe it is.

How could it not be when the spirit-breathed Word of God tells us that Christians should be peacemakers: “So then let us pursue what makes for peace and for mutual up building.” Romans 14:19

We are told to forgive those who do harm to us and treat our enemies with love. “Clothe yourselves with compassion, kindness, humility, gentleness, and patience.” Colossians 3:12

Admittedly, these are difficult aspirations for flawed mortals to embrace, but the message of the Gospel demands the abolition of discrimination of any kind, be it sexism, homophobia, ageism, disablism, fat-shaming, or religious discrimination.

When Moses descended from Mount Sinai with the commandments of God, men and women had no difficulty understanding the Sixth Commandment: “Thou Shall Not Kill.” Later, in the Gospel of John we read: “Whoever hates his brother is a murderer, and you know that no murderer has eternal life abiding in him.” 1 John 3:15

Jesus Christ, delivering his Sermon on the Mount, admonished his followers: “You have heard that it was said, ‘You shall love your neighbor and hate your enemy.’ But I say to you, love your enemies, bless those who curse you, do good to those who hate you, and pray for those who spitefully use you and persecute you, that you may be sons of your Father in heaven; for He makes His sun rise on the evil and on the good, and sends rain on the just and on the unjust.” Matthew 5:43-45

It seems there are so many ways that people hurt people, often inadvertently, but the pain remains the same. Is the Church of Jesus Christ prepared to tackle this difficult issue?

Following on the heels of a Sunnyvale, California church, a congregation in Concord, North Carolina is taking action to defeat the affliction of racism. Based on the 12-Step program of Alcoholics Anonymous, this predominantly white church invites their members and the public to join weekly meetings of Racists Anonymous, encouraging and fostering this decidedly uncomfortable conversation. Pastor Nathan King reports that the meetings attract old and young, those admittedly racist, and others who are unsure or believe they may have a problem.

The only sure remedy for racism is the love of Jesus Christ. The gospel of Christ has the power to transform our understanding of race and discrimination. We must confront it, name it, shame it, and banish it forever.

Lawdiva aka Georgialee Lang

Judge Presides Over His Own Divorce Case

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How would you feel if your jurist husband filed for divorce and coincidentally had his divorce petition assigned to his courtroom?  Hard to believe, but that is exactly what occurred with Texas Judge Miguel (Mike) Herrara.

 

In Judge Herrara’s discipline hearing he acknowledged that the same day he filed his divorce petition he learned it had been assigned to his courtroom. He didn’t think it was a problem because he and his wife, Melissa Carrasco were “trying to save the marriage and he did not want to do anything on the case”. (In my 28 years of practicing family law I have never seen a litigant file a divorce petition, while seriously “trying to save the marriage”).

He explained that he saw his role in the divorce as that of a husband, not an attorney or judge and justified his behaviour, saying:

“I did not care to place my family in the same position as other litigants find themselves, in conflicts and court hearings, which, for the most part only benefit the attorneys financially. It is really sad and embarrassing to see the reputation of some of the litigants being dragged in the mud in these court proceedings.”

Judge Herrara’s breach of ethics may have escaped scrutiny if he and his wife reconciled, but that didn’t happen. Instead, she retained lawyer Angelica Carreon who filed a counter-petition for divorce against Judge Herrara.

This did not please the judge who asked his wife why she was involving Ms. Carreon  who he alleged did not like  him. In his testimony he admitted that he refused to recognize the “legitimacy” of Ms. Carreon’s representation because she had improperly solicited his wife as her client, had campaigned against him during judicial elections, and was “dishonest, unethical and unreasonable”.

Several months after the judge’s original filing he terminated his divorce petition, leaving his wife’s counter-petition to be determined. At this stage, Ms.  Carrasco’s lawyer filed a motion requesting the judge to produce certain documents. Judge Herrara responded by filing a motion in his court for an order to extend the time beyond the normal time-frame for responding to the document request. He also filed a motion for a protective order.

Again, Judge Herrara did not recognize the absurdity of filing motions in his own court, saying that he did nothing wrong as he did not rule on the motions. But that wasn’t the end of his problems. His wife’s lawyer began filing motions requesting that he recuse himself from officiating over a number of other cases that were scheduled to be heard in his courtroom. Ms. Carreon alleged that Judge Herrara could not be fair and unbiased, because of the difficult professional relationship that had developed between them over her representation of Ms. Carrasco.

Many of the recusal motions were resolved by moving the cases to another judge, but several others remained in his courtroom and were not referred out. But, Herrara wasn’t done yet. He filed yet another motion to intervene in certain recusal cases because he wanted his views to be heard by the court. He testified that if he agreed to recuse himself he would be admitting the truth of Ms. Carreon’s allegations and would suffer at the polls in the next election.

The Texas Discipline Commission found that Judge Herrara failed to comply with the law, demonstrated a lack of professional competence, and engaged in wilful and persistent conduct that was inconsistent with his judicial duties.

They also determined that Judge Herrara showed no genuine remorse and continued to believe his conduct was justified.

His discipline? Six hours of instruction with a “mentor”. In 2016 he was re-elected for an additional four-year term.

Lawdiva aka Georgialee Lang

When Will Our Judges Speak Out Forcefully Against Perjury?

_DSC4851In yet another British Columbia family law decision, the court fails to denounce, in the strongest terms, a litigant whose testimony is rife with lies. Yes, this judge addresses credibility, but in the same anemic way that permeates most family law cases, namely ” I accept the evidence of the claimant where it differs from the evidence of the respondent.”

That’s it, no rebuke, no censure, not even an award of special costs, despite the litigant’s devious conduct requiring untold extra preparation and court time to present a narrative that is flagrantly false, requiring a robust defence….yes, a rebuttal to a pack of lies.

Ngo v. Do 2017 BCSC 83 focuses on the breakdown of the marriage of a Vietnamese couple who agreed they married and immigrated to Canada in 1994. From that point on the parties’ evidence is sharply divergent.

He said their marriage ended two years later, in 1996, while she maintained they lived together as husband and wife in the family home in East Vancouver until their separation in 2012. When asked where he lived after 1996, since he alleged he did not live with his wife and children,  he was unable to provide a single address, except to say that he lived in East Vancouver with a friend.

When asked to explain how it was that he and his wife added three additional children to their union after his alleged departure in 1996, he acknowledged that despite the shattering of the bonds of matrimony, they remained intimate with one another.

The date of separation was critical to a determination of the wife’s interest in two homes, a crab boat, and a license to catch crab. Ms. Ngo testified their first home was purchased in 2000 and became the family home where she and her husband raised the children, for all but one year of their marriage.  She believed the home was registered in her husband’s name. Not so, said Mr. Do. He testified that the home’s owner was Mr. Den Van Ta, who he said he barely knew, although he had earlier said Den Van Ta was”like a brother” to him.

A second home in Maple Ridge was purchased in 2004, however, Mr. Do said it was purchased by his cousin, Kevin Phan. He testified that he lived with the children in the home from 2004 to 2008 rent-free and that Ms. Ngo was not permitted to live there. Ms. Ngo gave evidence that her husband told her the second home was rented out, but in 2006 he moved the family to the second home for a year, advising her that it was a more convenient location to travel to his employment in Maple Ridge.

Eventually the Maple Ridge home was registered in Mr. Do’s name. He explained that his cousin took pity on him and gifted the property to him in 2007. However, land title documents described the transaction as a cash sale for $445,000, subject to his cousin’s existing mortgage. Mr. Do sold the Maple Ridge home in 2009 netting $145,000 in profit.

Mr. Do’s lucky streak continued. He advised the court that the first home in East Vancouver was later gifted to him by Mr. Den Van Ta. The statement of adjustments described the transfer as a “gift of equity from the seller to the buyer in the amount of $269,000.” He also purchased a vessel and crab license sharing the cost equally with Mr. Den Van Ta, who, no surprise here, later gifted his one-half interest in their crab business to Mr. Do, gratis, for free.

The parties’ two eldest children corroborated Ms. Ngo’s evidence, while Mr. Den Van Ta was called to back up Mr. Do’s version of events with respect to the first home and the crab business. He was less than impressive. Mr. Phan was not called to testify leaving the court to draw an adverse inference.

The outcome? Mr. Do’s evidence was rejected and all the family property was shared equally. However, nowhere does the court suggest that Mr. Do’s perjured testimony is an abuse of process or of such a character as to bring the administration of justice into disrepute. Can anybody reason why Ms. Ngo was not awarded special costs, which is a full reimbursement of every penny she paid to her lawyer to respond to her husband’s pernicious lies? The court’s apparent trivialization of perjury by failing to award  special costs to Ms. Ngo sends a strong message to litigants that perjury is acceptable.

Pulitzer prize-winning author James B. Stewart succinctly writes in “Tangled Webs: How False Statements are Undermining America”: “Our judicial system rests on an honor code: “I swear to tell the truth, the whole truth and nothing but the truth.” Perjury is not acceptable behaviour.”

Lawdiva aka Georgialee Lang

Why Would You Hire a Lawyer if You Don’t Want to Take Their Advice?

BarristerI could never understand why someone would hire a high-priced, hotshot lawyer but refuse to take their advice.  It happens more frequently than you might realize, sometimes the result of an uneducated neighbour or friend, who after going through their own divorce, deigns to give (bad) advice to all who will listen. Other times it’s a litigant who thinks he or she knows better.

In a recent case in Vancouver, a lawyer had a difficult time persuading her client that his strategic decisions were wrong-headed and would ultimately lead to disaster. Here’s what the lawyer told her doubting client:

“Family law is a breed apart. Affidavit evidence is generally full of crap, most of which doesn’t matter. ” (Editorial comment: A true statement)

“…if you bring numerous expensive court applications that are out of the ordinary in family law in response to her material, you can guarantee she will get her advance for legal fees because you will have proved to the court what she has said in her material that you will seek to prolong the court proceedings by litigation tactics that are outside the norm in family law and not only will they be unsuccessful, those tactics will backfire spectacularly.” (Editorial comment: Also true)

“You might be better served with a puppet lawyer than with someone who is trying to save you money and grief. Think about it, as once you start down this type of path, you have blown your potential opportunity to get this litigation over with relatively easily.” (Editorial comment: A puppet lawyer is a stooge, a dupe)

“We won’t fire you now because you are stuck with a rapidly approaching court date but (John) or (Jane) will have to argue the motions you want to argue that I think are a waste of time and money, as my reputation as ethical counsel with the court and other lawyers is important to me and I don’t want the court or other counsel to think I am suddenly trying to rip off my clients by bringing motions that appear to be designed to make me money and not to help my clients.” (Editorial comment: Lawyers cannot abandon clients if a hearing is pending)

Tough words, but ethical lawyers who see their clients heading in the wrong direction are obliged to point out the crash course they are on. Most often the solicitor/client relationship ends dramatically, with unpaid legal bills and complaints to the lawyer’s governing body. (Editorial comment: Most times these complaints are dismissed)

To you who hire lawyers, you’d be wise to remember that the legal system is a  complex maze that requires  a steady hand at the wheel, a driver who has the expertise you need and the interest and passion to pursue justice on your behalf. Of course, in all litigation there are winners and losers, and competent counsel should tell you what side you will likely land on.

Lawdiva aka Georgialee Lang

 

 

 

 

 

Another Crazy American Judge Story

DSC00507 (2)There will always be debates about what it is like to be a judge. Some say it’s a highly stressful position, while others argue it is a “cushy” power job, with no one looking over your shoulder as you command your courtroom. When a judge directs a lawyer or a litigant to “jump”, they jump, no ifs, ands or buts!

I lean towards the view that a judge’s job is very stressful. They deal with the most important issues in society: where should a child live? how much jail time should a convicted offender receive? and, how much money do innocent victims  of a car accident need to reclaim their lives?

Of course, there is much anecdotal evidence about the stressful nature of the judicial role, often used as a reason to excuse bad behaviour. Or does unprofessional conduct  abound because  some judges begin to believe they are untouchable, simply because they are judges?  A recent case of a “runaway” judge tends to support the “arrogant judge” theory.

Judge Arnette Hubbard, age 81 (yes, still sitting at 81!)is a silver-haired African-American jurist who presides in Chicago. One sunny July morning Judge Hubbard left the court building to smoke a cigarette in Daley Plaza, adjacent to the court facilities. Businessman David Nicosia was nearby using his cell phone and became annoyed at the second-hand smoke wafting in his direction.

Judge Hubbard and Mr. Nicosia, a white man, had an unpleasant exchange that resulted in Mr. Nicosia’s arrest for aggravated battery and a hate crime. Mr. Nicosia was at the law courts that morning to obtain a marriage license. Instead he ended up in jail, cancelled the wedding plans, and awaited his day in court.

His trial last month turned into the ever popular “He said/She said”.  Judge Hubbard testified that when Mr. Nicosia asked her to stop smoking she replied that she wasn’t permitted to smoke indoors. She said that Mr. Nicosia then spat in her face and yelled “Rosa Parks move!”. She cried out to nearby deputy sheriffs and tried to stop Mr. Nicosia from leaving the scene, whereupon she alleged he flung her off and slapped her.

Mr. Nicosia described a different series of events. He testified that after he complained the judge intentionally blew smoke in his face and said she could smoke wherever she liked. He replied “It’s not like you’re the Rosa Parks of smoking”. At that point an angry Judge Hubbard said she had something for him. She opened her mouth and delivered a projectile of tobacco-laced spittle that landed in his mouth, on his glasses, and on his shirt.  He quickly spit out the nasty “goober” which inadvertently landed on Judge Hubbard. He testified that the slap was accidental and occurred when the judge moved toward him to stop him from leaving.

Trial Judge James Obbish acquitted Mr. Nicosia of all charges, saying he believed that Mr. Nicosia would never have faced the felony charges if the alleged victim had not been a judge. He said that Judge Hubbard ought to have moved away from Mr. Nicosia once he complained. He also added that Mr. Nicosia  didn’t deserve a medal as he “didn’t act in a way that a man should act to a lady”.

Clearly the court did not believe Judge Hubbard’s version of the truth and her credibility was also damaged after she testified she had to take 17 months off work  after the “assault” for post-concussion syndrome, although she presented no medical evidence to support her claim.

Judge Hubbard has a civil lawsuit against Mr. Nicosia pending. As for me,  I think she should retire from the bench, drop her civil suit,  and pay back the 17-month salary she milked  from the citizens of Chicago.

Lawdiva aka Georgialee Lang

 

 

 

Lawyer Falls for Nigerian Scam, Loses His Law License

GeorgiaLeeLang059Albert Einstein’s quotes are legion, but one of his most pithy is:

“Two things are infinite: the universe and human stupidity; and I’m not sure about the universe.”

Along the same line, Judge Judy once remarked  that “Beauty fades, but dumb is forever”. 

Both quotes are apropos for a lawyer from Iowa who actually believed he could receive millions from a Nigerian Prince, and worse yet, dragged a client or five along for the ridiculous ride!

Lawyer Robert Allen Wright Jr. represented Floyd Lee Madison in a criminal matter in 2011. Mr. Madison presented lawyer Wright with documents which allegedly showed that Madison was entitled to a huge inheritance from his long-lost cousin in Nigeria. He asked Mr. Wright to help him get the funds transferred to him, a sum of over $18 million dollars, in exchange for 10% of the money. There was, however, one catch. To obtain the funds Madison needed to send the sum of $177,000 to Nigeria to cover the inheritance taxes.

At the same time, Mr. Wright was acting for Linda P. in a worker’s compensation suit. She received a payout of $25,000, whereupon Mr. Wright asked if she would loan $12,500 to Floyd Madison, as he needed the money to obtain an “anti-terrorism certificate” in order to complete the Nigerian transaction. She did more than that: she gave her entire WCB payout to Madison. He then enlisted several other clients to “loan” monies to Madison, in hopes of reaping great rewards from multi-millionaire to-be  Mr. Madison.

Meanwhile, lawyer Wright was busy dealing with representatives of the Central Bank of Nigeria, the African Union, and even the President of Nigeria. As scams go this one was a good one. He spoke with the Nigerian lawyer who purportedly witnessed the will of Madison’s cousin, and had discussions with a lawyer in England, Jonathan Walker, who told Wright he had travelled to Nigeria and attested to the legitimacy of the inheritance.

You already know how this ends…no inheritance received, no legal fees paid, and no repayment of Mr. Wright’s clients. But it wasn’t over yet.

Wright was inundated with disciplinary charges from his discipline body for incompetence, failure to disclose or secure client consent to conflicts of interest, and assisting a client in dishonesty or fraud. (The latter charge was not made out, as Mr. Wright was not devious, just stupid!)

The Iowa Supreme Court Disciplinary Board found that Mr. Wright “honestly believes–and continues to believe that one day a trunk full of one hundred-dollar bills is going to appear upon his office doorstep.”

The Board described Mr. Wright’s conduct as “delusional” but not fraudulent, and he was suspended for a period of one year.

It may be hard to believe but according to Ultrascan Global Investigations who operate in 69 countries, the profits earned by Nigerian 419  scam artists amounted to over $12 billion dollars in 2013. They say there are more than 800,000 organized perpetrators globally and many of them are Nigerian. Section 419 is the  section of the Nigerian Criminal Code dealing with fraud.

Ultrascan also reports that in 2002 the United States government was given authority to open all letters mailed from Nigeria to the U.S.  Government authorities found that 70% of the letters were scams. Today, the Nigerians rely mainly on email to induce unsuspecting victims.

Bottom line: If it sounds too good to be true, it probably is!

Lawdiva aka Georgialee Lang

New York Rabbi Ousted from Synagogue After His Fifth Divorce

BarristerIn 2007 Newsweek magazine reported that Rabbi Marc Schneier was one of the top 50 Jews in America, renowned for founding the Hampton Synagogue in tony West Hampton Beach and the New York Synagogue in Manhattan.

A media darling and interfaith leader,he was also the Vice-President of the World Jewish Congress and President of the North American Board of Rabbis. As a star in the Jewish firmament, he had one major problem. He couldn’t stay married.

His first marriage took place in 1981 while he was studying at Yeshiva University, a union that ended after less than one year. He married again to Esther Melamed, but divorced her in 1992. It was during this marriage that he initiated the upscale Hampton Synagogue, catering to the well-heeled Jewish community of the Hamptons, including celebrities like Steven Spielberg and Revlon’s Ron Perelman.

In 1993 he wed Oregonian Toby Gotesman at Gracie Mansion in New York, a coupling that produced a son, Brendan. But again it fell apart after Ms. Gotesman learned in 2005 that her husband was cheating on her with divorced fashion designer Tobi Rubinstein.

By now Rabbi Schneier was a wealthy man, earning a salary of $800,000 a year, with a posh $3 million residence in Westhampton Beach, and eager to embark on his pending nuptials to Ms. Rubinstein. The rabbi was 50-years-old and to commemorate his 50th birthday and his 4th wedding, his new wife gifted him a 400 lb. endangered Asian lion to be housed at the Jerusalem Biblical Zoo.

But Ms. Rubinstein was not as naive as his former brides. She hired a private investigator to look into her husband’s activities and discovered that on a so-called business trip to Israel  he was accompanied by synagogue member, Ginny Leiner. A divorce followed in 2010.

In 2013 Rabbi Schneier married Ms. Leiner, who was wife number five. She gave birth to a baby girl, just before another infidelity ended that marriage in 2015.

At this point, the rabbi’s congregation could take no more. In a concerted effort to force him to leave, they withheld their payments and pledges, money that was required to carry on church life. He resigned in April of 2016, but his randy ways continue. He is said to be squiring a 30-something Israeli blonde around  New York social circles these days. He is 57.

With another wedding in the offing, it is apparent the Torah means nothing to the rabbi, for in Malachi 2:16 it is written:

“For I hate divorce,” says the Lord, the God of Israel, “and him who covers his garment with wrong,” says the Lord of hosts. “So take heed to your spirit, that you do not deal treacherously.”

Lawdiva aka Georgialee Lang