Judicial face-off in court

June 29, 2009
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Today’s post is written by reporter Mike Hoskins.

Litigation can get heated enough between lawyers and litigants on opposing sides, but rarely does a case get to the level of having two judges at odds in how a case has been handled.

That’s what is happening in St. Joseph County, a place where the judiciary in the past two years has faced a barrage of attacks by those wanting to do away with merit selection of most Superior judges. Voters there elect only two jurists; now those two – Circuit Judge Michael Gotsch and Probate and Juvenile Judge Peter Nemeth – are squaring off. Judge Gotsch has ordered Judge Nemeth to appear in court Thursday to explain why a 17-year-old boy hasn’t been released from a foster home and returned to his father, who wants custody of his son.

Court records show Judge Nemeth denied the father-son reunion request after social workers had said the father wouldn’t sign a “safety plan,” requiring in-home visits by the DCS and an agreement for them to attend family counseling. Judge Gotsch issued his order after the custody-seeking man filed a writ of habeas corpus petition. A local DCS official and a foster parent have also been summoned.

Attorneys are debating whether Judge Gotsch has authority to order Judge Nemeth into court, but the writ does include language that would make it possible for an arrest warrant to be issued for the Probate judge – essentially forcing him to attend the hearing.

But the teenager isn’t shying away from attending, according to reports on the case. He filed his own motion late last week, asking that he be allowed to attend the hearing to speak.

“I wish to waive my right and privilege of confidentiality and privacy in this matter, and I do so that the courtroom may be open for the world to see what a scam the State of Indiana is running,” the teen wrote. “In sum, I don’t mind being the poster boy for what is so wrong about my experiences with these state actors.”
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  • The Circuit Court record in the habeas corpus proceeding shows that the CHINS proceedings in the Probate Court lacked legal sufficiency from the get-go.

    Judge Gotsch has already assumed jurisdiction and issued the Writ commanding the respondents to appear and show cause, if any they have .......

    Thus far all the respondents have done is insult the integrity of justice.

    Cases like these do absolutely nothing for the public\'s confidence in the integrity of a once fine and proud institution.

    sheeesh
  • Kudos to Circuit Judge Michael Gotsch!!!
  • Has anything transpired since June 2009 on this case?

    Great PR for the Child Protection INDUSTRY.
  • See Honkforkids.com for more cases of abuse by the state
  • Greg -- Thank you for your interest and posting.

    The issues arising under the Habeas Corpus action are pending on appeal. The child welfare case itself was terminated on September 2, 2009. The family has been re-united and they are enjoying the Christmas season together.

    Merry Christmas to you, your family and all those reading.

    A very special thanks to author Barbara Johnson for stopping by to post and show her support for the issues --- For those who may not know, Barabra has written an excellent book addressing this and other critical legal issues and I hope everyone finds a copy of her book in their Christmans stocking. It is a must read for every advocate of justice.

    [Barb\'s book can be purchased here -- http://www.amazon.com/s/ref=nb_ss_0_22?url=search-alias%3Daps&field-keywords=behind+the+black+robes+failed+justice&sprefix=Behind+the+Black+Robes]

    In close, another special thanks to the staff and membership of honkforkids ... keep up the good works, and Merry Christmas to you all.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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