Wednesday, October 08, 2008

Bad day in court

I just got out of Cmr Irwin H. Joseph's court. Usually he handles the more routine cases first, but this time he called us first. My ex-wife and I identified ourselves, the he asked the clerk to swear us in. I asked about the subject matter of the testimony, and Cmr Joseph angrily said that he was swearing us in so that he can ask us questions under oath later, and not be bothered to swear us in later. He said that we had no choice about it.

After being sworn in, the first thing that Cmr Joseph said was that I was being charged with contempt of court, and that I had a right to remain silent! I thought that the right to remain silent meant that I did not have to testify under oath.

Cmr Joseph scheduled Oct. 21, 11am, for a trial on the contempt charges, and he said that I could face 5 days in jail for each count. I asked how many counts there are against me, and he looked confused and asked me if I had seen the paperwork. I had, but it did not say how many counts. After asking several times, he finally said that there were two counts against me.

He asked me if I understood the charges against me. I said that I wasn't sure, and then asked him whether I am accused of violating the Welfare Code or a Rule 2.550 order. He refused to answer, and repeatedly asked me whether I understand the charges. Eventually I had to say that no, I did not understand the charges. He suggested that I get an attorney to explain them to me.

I asked about deposing witnesses. He said that was unnecessary, because there could not possibly be any testimony in my favor. I said that it was my contention that there were some facts under dispute, and that I was entitled to cross-examine witness. He declared that there are no facts under dispute, and refused to discuss the matter any further.

Then we moved on to my motion to force my ex-wife to accept the psychologist's recommendation. Cmr Joseph first complained that the report was confidential but the clerk had put it in the public file. Then he complained that the psychologist did not do some of the things that he had expected to be done.

I pointed out that his Jan. written order did not include any of those things. Furthermore, when I complained about the difficulties getting a psychologist in May, he said that the psychologist only had to do what is in the written order. The actual psychologist report did all the things in his written order.

I explained that his Jan. 11 order said that I was to get visitation of my kids, but that I had not seen my kids since then. I had complied with all the court orders, but my ex-wife had not, and she has not let me see the kids.

Then Cmr Joseph threw a little tantrum about the psychologist report, and declared that the psychologist was unethical to do the report. He claimed that it was somehow my own fault that I had not seen my kids. I tried to tell him that I had done everything I could to comply with his orders, but he would not listen, and he kicked us out of court.

We still have a scheduled court appeared for Wed. of next week, for my ex-wife's motion to seal the CPS testimony. I really don't see why that is necessary. If the testimony is not confidential already, then why am I being found guilty of disclosing it? It makes no sense to me.


Anonymous said...

Oh, my holy heaven! This is exactly the kind of ignorance and insanity that family courts are filled with. I am so sorry that this is happening to you! Why are these people allowed to preside over our cases?!!!!

Anonymous said...

Clear retaliation. What a small Man Mr. Joseph must be.

Anonymous said...

I'd like to know when you are planning to go to the press about the unlawful acts of Cmr. Joseph? Is it time to contact the ACLU (god forbid) or some nasty-ass out-of-county constitutional atty to file a class action lawsuit against Joseph, the presiding judge, the Santa Cruz Court system, and the County of Santa Cruz.

Who would constitute the "class?" I have word from an out-of-county atty who has looked over my entire 5-volume case and stated that "there were unlawful orders made" by more than one judge, but in particular, by Cmr. Joseph.

There are others. Yours is not the only case being completely mishandled by Joseph.

I'm posting anon, but will contact you via private post if you'd like more info.