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.”
  • 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.

  • 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. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.