Did your chief judge ignore Florida Chief Justice administrative order No. AOSC14-66? Mine did, so she is in contempt of court.
I sent a letter to 11th Circuit Chief Judge, Bertila Soto.
Her reply, I believe, amounts to Contempt of Court of Administrative Order No. AOSC14-66 issued by Florida Chief Justice, Jorge Labarga. I am planning to file a motion for Contempt of Court before the Florida Supreme Court, and anyone who has received a similar response from their circuit chief judge should consider doing the same. We need to make these judges accountable for their actions or lack thereof. This is the only way they will start to pay attention to We, The People. http://saynotopas.com/5-minute-speech-before-florida-supreme-court-committee-public-meeting-on-future-of-florida-courts/
December 22, 2014
Honorable Bertila Soto
11th Judicial Circuit, Chief Judge
Lawson E. Thomas Courthouse Center
175 NW 1st Ave. Room Number CHC 3045
Miami, FL 33128
Dear Honorable Bertila Soto,
As per Administrative Order No. AOSC14-66, I would like to request a detailed investigation as to abuses of power and violations of conduct displayed by three Judges involved in Case No.: 11-21207-FC-04, FAMILY DIVISION. I believe that their actions clearly amount to violations of public trust, neglect of duty, and ethics which, as recently stated in this unprecedented administrative order by Florida’s chief justice, Jorge Labarga, shall carry consequences to those involved.
I am a born-again Christian man, who for the Glory of God in Christ Jesus, became an American Board of Family Medicine certified physician (from UM/JMH, with highest medical training score in the program, among top in the nation, named team player of the year by my 2013 class, highly praised by my peers and our community in general), an Electrical Engineer (from FIU, Cum Laude), an ex-Olympian, and a father of four, two of which came from my first marriage. If I had not lived it in my own flesh, I probably would have never believed what I am seeing unfolding in our Family Courts today. As my dealings with the three Judges I am reporting in this letter exemplify, some Judges routinely ignore the rule of law, the constitution, due process, and common sense, and selectively enforce the law for their own interest or that of their friends calling it “the best interest of the children.” In my experience with a dysfunctional Family Court, I am appalled to find out that the moment one walks into it, one is immediately stripped away of our constitutional rights, such as our rights to freedom of religion, speech, self-incrimination, due process, jury trial, and equal protection. It is a place where parents have fewer rights than known criminals in other courts, for if a criminal cannot afford an attorney, one is assigned to them; a place where the law provides more rights to protect one’s property or debts than to protect one’s children. In all cases, parents are left at the whims of Judges who regularly have conflicts of interests, whose campaign funds or the certainty of not having someone run against them is owed to the same attorneys who come before them.
As taught to view medicine by Dr. Lynn Carmichael, one of my heroes and founder of Family Medicine, from an integrative medicine perspective, I believe that the problems in our Family Courts represent not only a judicial emergency, but a true health crisis. As my case also exemplifies, the negative effects of our currently dysfunctional Family Courts routinely lead children and adults to suffer not only from serious mental issues such as major depression, anxiety, post traumatic stress disorder, and many others, but in a large enough number of unfortunate cases, can also lead to suicides, homicides, and a number of other serious crimes, not to mention, the enormous economic cost that it brings to our societies from broken homes and lives.
Chief Judge Jorge Lebarga, Bertilla Soto, Pedro Echarte
While attending medical school in Nicaragua, my ex-wife absconded for two years with my two kids (Mario was 7 y/o and Nicole was 4 y/o at that time), with the intervention of the American Embassy, the U.S.A. State Department, Miami-Dade police investigators, and even the FBI, I was able to recover them and restore shared custody of my kids by Judge Robert Scola. As ordered by Judge Scola, for about a year, my whole family and I worked very hard to reintegrate the children to our lives. I also immediately recruited the help of a licensed children’s psychologist for intensive weekly therapies, and my children adapted well to their new environment. My Son, Mario, for instance, went from failing third grade and scoring in the lowest quartile in his FCAT to becoming an A/B student, scoring in the top quartile in the FCAT, and being given the honor of student of the month (one of the proudest moments of his and my life).
Then, on June 6, 2012, the Department of Children and Families (DCF) came to my house with another of at least five false DCF calls alleging that my whole family, my parents, my brother, my new wife and I were mistreating our children. That afternoon, I called my children and prayed with them a prayer I had taught them and had posted on my refrigerator, and which I even use to teach Sunday school children with, The Spiritual Armor of God found in Ephesians 6. To my surprise, my ex-wife that same night called and had the police show up around midnight alleging that I was scaring her and my children by telling them that an evil spirit would come and kill them, and that she was scare that I was the evil spirit that would come and kill them (see denied Domestic Violence petition).
The accusation was so outlandishly foolish and laughable, especially in light of my ex’s history of prior false accusations, appearing to the police with self-inflicted bruises but later being caught by a security camera actually assaulting me, having absconded for 2 years with my children to another country, repeated DCF investigations found to be unfounded, and because my own son had denied this accusation in a legally obtained phone recording, that I thought that there was no way a Judge would even waste his/her time with it. Unfortunately, Judge Scola, who was familiar with the case, had been moved to a different position. And, sadly, I was completely wrong. I did not realize that I was dealing with a completely dysfunctional Family Court system and with some Judges that were in clear violations of public trust, ethics, and neglect of duty.
Soon after, with at least 5 different false accusations with DCF, around the time the kids were to finish the school year, money-hungry ill-intentioned attorneys, Yvette B. Reyes, and Ana C. Morales (please click on their names to see my complaints and the answers from the Florida Bar), obtained illegal copies of a confidential Child Protection Team (CPT) report whose findings were later found to be completely inaccurate, and without properly notifying me to have the opportunity to have legal representation, filed a purported emergency motion to have my time-sharing suspended. (See also Suggestions To Improve DCF).
Despite the foolish religious accusation, that terrible day, July 20, 2012, the first Judge, Mindy Glazer, violated my due process rights by conducting an emergency telephone hearing without proper notice. The emergency hearing was based on the alleged DCF report, on the case that had not even been closed, so there was no any such report. In the unannounced telephone hearing, I had no legal representation as direct result of this Judge trampling on the rule of law and making a mockery of the legal process. Here is some more information about her terrible performance on the bench: (www.robeprobe.com, blogs.miaminewtimes.com, www.ccfj.net).
Since that time, by order of a second Judge, Pedro Echarte, I only had very limited supervised visitations with my kids based solely on the allegation that somehow my praying with them would scare them. However, after DCF had actually finished its investigation and I brought the final psychological evaluation that cleared me of any wrongdoing before Judge Echarte, he refused to admit it into evidence arguing that it was conducted by DCF one day prior to him giving the order to do so. Bear in mind that DCF was actually procuring the funds for the psychological evaluation for over a month, and that I had no control of when DCF would conduct the evaluation. Judge Echarte then ordered me to undergo another evaluation, but this time with the psychologist my ex’s attorneys had recommended, Vanessa Archer. He also ordered the assignment of a Guardian Ad Litem (GAL), Anastasia Garcia, whom my ex’s attorneys had also recommended. Time went by, with the ultimate result that my son almost failed 4th grade, is also failing his new grade, and four of his teachers were very concerned with his inappropriate behavior and very poor grades.
To make matters worse, almost a year after our forced separation, I found out that my ex’s attorneys and GAL were hiding the fact that my son had been diagnosed with Major Depression, and PTSD and was requiring SSRI medication for it. No traumatic event had happened prior to my children being alienated from me and my side of the family that July of 2012; I only had very limited supervised visitations at that time. As stated initially, before this separation, my son was an excellent student, scoring in the top quartile in the FCAT, and being given the honor of student of the month, but after these individuals collaborated to alienate them, my son developed these psychological conditions. In hopes of getting some justice, I sent a complaint to the FLORIDA JUDICIAL QUALIFICATIONS COMMISSION (FJQC) about Judge Echarte, but they unbelievably found no fault with Judge Echarte’s actions.
To add insult to injury, I then came before a third Judge, Judge Scott Bernstein, who seemed to be inherently incapable to identify with the love of a father for his children or with the need for prayer and a religious upbringing, who claimed to stand against bigotry by running as the first openly gay Judge married to another man, but he became a religious bigot himself, who by not acting in the children’s defense actually supported the opinion that somehow my religious beliefs should prevent me from freely seeing my children. After basically ignoring all the evidence presented (Verified Petition for Dependency, RESPONSE TO MOTION FOR CIVIL CONTEMPT-ENFORCEMENT, Motion to vacate all orders, Memorandum in support of denial of mother’s motion for contempt, Father’s response to mother’s motions for contempt), Judge Bernstein nearly forced me into bankruptcy due to legal fees and costs, forcing me to pay for my ex’s attorneys, and contrary to all common sense, demanded that I undergo a second evaluation with the same psychologist I had reported to the Health Department, Mrs. Vanessa Archer, instead of accepting an independent psychologist from DCF, as I had requested. This February 4th 2015, I have another hearing before Judge Bernstein, where the same attorneys he forced me to pay before, are seeking an additional $30,000 dollars in attorneys’ fees and costs. Also, recently, after I sent an e-mail to the GAL, Mrs. Garcia, requesting a status report for an upcoming emergency hearing, she filled a motion to compel payment from the father only, in a clearly discriminatory, biased, vindictive manner, and in clear violation of a previous order that required equal payments from both parents.
Mrs. Archer was the same “professional” who in my opinion was negligently responsible for the killing of Nubia Barahona an innocent child, not long
before my case, and who, without any logical explanation still continues to serve as an expert witness in our Family Courts (please see official DCF report, Twins File Lawsuit and willful neglect lawsuit filed against DCF on behalf of Nubia’s adoptive siblings). Similarly to the Barahona case, Mrs. Archer, instead of reporting to the Judge pertinent information, such as the fact that my son had denied what I had been accused of, went ahead and requested to stop phone communication with my children because my son was contradicting what she had written in her report. It therefore comes as no surprise that in her second evaluation, on October 2013, Mrs. Archer conveniently ignored the evidence presented, and recommended periodic re-evaluations with her ($1,800 each) and to continue with supervised visitations, where I needed to pay a social worker to see my children. As a result of the incomprehensible actions of these three Judges and “professionals”, I have not seen my children since October 26, 2013, and my son’s behavior and mental state continue to deteriorate. For instance, not long ago, my son developed involuntary twitching of his neck and shoulder as a side effect of the medications he has been forced to take to deal with his pain.
After careful analysis of the “professionals” and attorneys involved, and the series of events that have transpired, I am strongly persuaded that we are possibly dealing with a very sophisticated form of organized crime. The definition of racketeering states that “the potential problem may be caused by the same party that offers to solve it, although that fact may be concealed, with the specific intent to engender continual patronage for this party.” I would like to believe that these actions have been perpetuated without the explicit knowledge of the Judges involved, but this would have to be determined by your office, Florida’s Chief Justice, and possibly a Senate Judiciary Committee hearing. In any case, I believe that the actions of these three Judges clearly amount to violations of public trust, neglect of duty, and ethics.
As a physician, obliged by the Hippocratic Oath, I cannot, in good conscience, allow the crimes against children and families I have been allowed to personally witness and experience, to go on without attempting to the best of my abilities to stop them. It is for this reason that I plea to your office to open an investigation of the three Judges involved, and to immediately order the removal of Mrs. Vanessa Archer, and Mrs. Anastasia Garcia from my case, as well as from serving as court assigned psychologist and GAL respectively until this investigation is finished. I believe that these individuals have not only acted in bad faith from day one, but have been in great part responsible for the psychological detriment of my children, especially my oldest son. At the same time, I would like to request the reassignment of this case to a religion-honoring judge since Judge Bernstein’s anti-heterosexual bias, anti-religious views, and actions clearly put him at odds with my heterosexual practices, and religious beliefs, ultimately harming the minor children involved, as is clear by my son’s deteriorating condition.
The dysfunction of our Family Courts is not only about blatant violations of public trust, neglect of duty, and ethics, but also about physical and psychological child abuse cases, such as Nubia’s, that have continued and will continue, unless your office takes deliberate actions to prevent them (533 children dead as of this day in the last 6 years). I wish I could say that mine is an isolated case, but it is not. I personally know of some horrible cases, many much worse than mine, such as Steve Sumner’s in Broward County, whose minor daughter has been actually placed in eminent danger because of the arbitrary decision of a Judge there. But the list goes on, and includes parents from all walks of life, ethnicities, and sexes, such as Janice, Patricia, Maria, Dilcy, Yarmila, Oscar, Jose, Rocky, David I, David S, Chris, Glen, Faruq, and on and on. A quick search in Facebook, for instance, will literal yield hundreds of groups and thousands upon thousands of victims talking about this topic, but not able to know where to turn for justice. As evidence will show, the dysfunction of our Family Courts is not only a local problem, but a state and a national one, costing innocent victims upwards of 50 billion dollars as a recent Divorce Corp documentary showed.
As attested by our forefathers, I believe that what we do in this life will echo forever in eternity. Because of their efforts and sacrifices, we have been greatly blessed, as it is still evident in this, the greatest nation on earth. But, as Benjamin Franklin reminds us “democracy must be learned by and defended in every generation.” “Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same.” –Ronald Reagan. We cannot remain silent witnesses to the abuses that we are currently seeing in our Family Court system. To remain silent would make us accomplices of their actions, and will inevitably lead to the destruction of families and more children being abused and/or killed.
I would like to thank you in advance for your positive response in protecting the residents of the 11th Judicial Circuit of Florida, and the children and families of our beautiful state. I praise God for the blessing of suffering for His name, and for giving me the opportunity to be a light in the darkness of this world. May the Grace of God in Christ Jesus be always with you and your family, and with this most glorious nation, the U.S.A., one nation under God, indivisible, with liberty and justice for all.
Mario A. Jiménez Jerez, M.D., B.S.E.E.
5700 SW 127 Ave. #1316
Miami, Fl 33183
Please visit www.SayNoToPAS.com/chief-judge/ for all evidence referenced in this letter.
C.C.: Honorable Florida Chief Justice Jorge Labarga. Florida House of Representatives Judiciary Committee. Florida Senate Judiciary Committee. Florida Senators Anitere Flores, and Rene Garcia.
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Florida House of Representatives Judiciary Committee (http://www.myfloridahouse.gov/Sections/Committees/committeesdetail.aspx?CommitteeId=2718, http://www.fsba.org/wp-content/uploads/2014/01/Email-Addresses.Florida-House.pdf)
Chair: Baxley, Dennis K. [R], Dennis.Baxley@myfloridahouse.gov
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Moskowitz, Jared Evan [D], Jared.Moskowitz@myfloridahouse.gov
Passidomo, Kathleen C. [R], Kathleen.Passidomo@myfloridahouse.gov
Pilon, Ray [R], Ray.Pilon@myfloridahouse.gov
Raulerson, Daniel D. “Dan” [R], Dan.Raulerson@myfloridahouse.gov
Roberson, Kenneth L. “Ken” [R], Ken.Roberson@myfloridahouse.gov
Spano, Ross [R], Ross.Spano@myfloridahouse.gov
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