Unfair Practices in Indiana Judicial System
Melissa Smith-Gay
July 18, 2008
My husband has a daughter from a previous relationship. The mother of my husband´s child abandoned the child in another state in March of 2002. My husband had to take the mother of his child back to court in June of 2003 because she was refusing him to have contact with his child. In that court appearance we were sent to mediation. During mediation the court ignored the fact that the mother stated that she was unable to care for their child on her own and needed her mother´s help. Later in September 2006 we received papers in that stated that the maternal grandmother has had my husband´s child since March of 2002 filed in the state to which they are now living. The mother of the child moved back to the State of Indiana and my husband notified the court of everything that has been going on. We put the papers filed by the grandmother on file with Superior 2 of Clark County Indiana in Jeffersonville in October of 2006. At that time the case worker stated that my husband has not had to pay child support and she set up a termination of child support due to the prosecutor´s approval. The main child support office in Indianapolis stated that the clerk´s office in Clark County didn´t have an order on file and they did not terminate the case accordingly. Clark County Indiana states that we do not owe child support but Indianapolis with held our taxes and our stimulus because Indiana in Clark County will not terminate the case properly. They asked for us to make up the order and we did, then they said that they could hold the mother in contempt of court we filed papers to have her brought in and Clark County has yet to hold her responsible. We are now trying to save money to hire an attorney to fight for our legal rights. My husband should have custody of his daughter but Indiana drug their feet and now the child has been giving temporary custody to the maternal grandmother do to Indiana having lack of jurisdiction because of the lack of contact. If it were the other way around Indiana would have fought for the mother´s rights and completely nailed my husband to the wall. Instead we are still paying child support to a mother who does not have her child and Indiana is allowing her to get away with this. It is fraud and theft by deception and a violation of my husband´s civil rights. The State of Indiana is taken away from our two children so the mother can abandon their child they share together and we are paying for her to live. This is a complete travesty and something needs to be done to correct these matters. This is a story like many others in the State of Indiana
In the event of my research I found that the court systems in Indiana have violated father´s right, the rights of my husband Jeremy Gay is not the only injustice. In the U.S. Constitution it cannot be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children." Troxel, 530 U.S. at, 147 L. Ed. 2d at 57, 120 S. Ct. at 2060. As the United States Supreme Court has recognized, "it is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder." Prince v. Massachusetts, 321 U.S. 158, 166, 88 L. Ed. 645, 652, 64 S. Ct. 438, 442 (1944). This "preparation for obligation" includes the parents' determination of who will be instrumental in the development of their child's personality and character. Section 607(b)(1) allows the State to usurp the decision making function of parents with respect to the relationships that their children will have. This decision making function lies at the core of parents' liberty interest in the care, custody, and control of their children. To hold that section 607(b)(1) is not a significant interference with the fundamental right of parents to raise their children would be to effectively obliterate that [***30] fundamental right.
In light of another website within my research I point out to you a history of misdeeds on the Indiana law system. - 02.29.2008: Press Release and the Brief In Support : Indiana Court Judge Subject of Anticipated Federal Investigation Resigns Prematurely: Circuit Court Judge Michael D. Cook of Plymouth, Marshall County, Indiana, resigned from the bench. The premature resignation coming well before the end of his term of office, took effect today. While on the bench, Judge Cook knowingly, and with the knowledge of chief justice Randall Terry Shepard of Indiana Supreme Court, violated federal laws and constitutional rights of many Indiana parents resulting in abuse and endangerment of children as well as in fraud upon the United States and people of Indiana. Read the Press Release and Brief In Support sent to 50+ media outlets. Distribute these 1-page files widely to your local and other media outlets and Indiana and federal legislators and law enforcement agencies to underline the judicial corruption in Indiana courts. http://webpages.charter.net/lah1321/
09, 2007: Judiciary Committees of the US Congress and federal law enforcement agencies were provided evidence of and asked to investigate Indiana state judiciaries at all County, Appeals and Supreme Courts levels (jurisdiction due to federal funding) for criminal misconduct and other federal violations. Furthermore, investigation was sought into US District Courts (federal) and judges in Indiana for "selective prosecution" , collusion and unduly delaying and dismissing cases brought by self-represented ("pro se") plaintiffs against state officials and judiciary, as well as for conspiracy to cover up state judiciary's and officials' atrocities and depriving plaintiffs of their due process and constitutional rights. [See above "Judicial Conspiracy" involving State Justice Institute and Indiana and federal courts.] . http://webpages.charter.net/lah1321/ http://webpages.charter.net/lah1321/sjijudconspiracy.pdf
These are a few prime examples of true cases and clear cut choices that have been made by Indiana´s judicial system. My husband has been neglected and ignored in Jeffersonville Court systems Superior 2 for years. This is now the time that Indiana needs to be held accountable for the decisions that they have made. We too have acted on our own behalf and filed Pro Se in the court system of Clark County in the State of Indiana in Superior 2 in Jeffersonville, IN. This apparently is a wide spread activity and a code among judges of corrupt activity. This need to be stopped, our constitutional values are at hand and are in the hands of these corrupted officials. These officials swore under oath to uphold the law and in light of all of these discoveries it is clear and precise that money is the foregoing factor in this situation. If you have the money you can have the judge. The judicial system is supposed to protect the innocent and punish the guilty. Clearly that is not the case in Indiana.
In the event of my research I found that the court systems in Indiana have violated father´s right, the rights of my husband Jeremy Gay is not the only injustice. In the U.S. Constitution it cannot be doubted that the Due Process Clause of the Fourteenth Amendment protects the fundamental right of parents to make decisions concerning the care, custody, and control of their children." Troxel, 530 U.S. at, 147 L. Ed. 2d at 57, 120 S. Ct. at 2060. As the United States Supreme Court has recognized, "it is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation for obligations the state can neither supply nor hinder." Prince v. Massachusetts, 321 U.S. 158, 166, 88 L. Ed. 645, 652, 64 S. Ct. 438, 442 (1944). This "preparation for obligation" includes the parents' determination of who will be instrumental in the development of their child's personality and character. Section 607(b)(1) allows the State to usurp the decision making function of parents with respect to the relationships that their children will have. This decision making function lies at the core of parents' liberty interest in the care, custody, and control of their children. To hold that section 607(b)(1) is not a significant interference with the fundamental right of parents to raise their children would be to effectively obliterate that [***30] fundamental right.
In light of another website within my research I point out to you a history of misdeeds on the Indiana law system. - 02.29.2008: Press Release and the Brief In Support : Indiana Court Judge Subject of Anticipated Federal Investigation Resigns Prematurely: Circuit Court Judge Michael D. Cook of Plymouth, Marshall County, Indiana, resigned from the bench. The premature resignation coming well before the end of his term of office, took effect today. While on the bench, Judge Cook knowingly, and with the knowledge of chief justice Randall Terry Shepard of Indiana Supreme Court, violated federal laws and constitutional rights of many Indiana parents resulting in abuse and endangerment of children as well as in fraud upon the United States and people of Indiana. Read the Press Release and Brief In Support sent to 50+ media outlets. Distribute these 1-page files widely to your local and other media outlets and Indiana and federal legislators and law enforcement agencies to underline the judicial corruption in Indiana courts. http://webpages.charter.net/lah1321/
09, 2007: Judiciary Committees of the US Congress and federal law enforcement agencies were provided evidence of and asked to investigate Indiana state judiciaries at all County, Appeals and Supreme Courts levels (jurisdiction due to federal funding) for criminal misconduct and other federal violations. Furthermore, investigation was sought into US District Courts (federal) and judges in Indiana for "selective prosecution" , collusion and unduly delaying and dismissing cases brought by self-represented ("pro se") plaintiffs against state officials and judiciary, as well as for conspiracy to cover up state judiciary's and officials' atrocities and depriving plaintiffs of their due process and constitutional rights. [See above "Judicial Conspiracy" involving State Justice Institute and Indiana and federal courts.] . http://webpages.charter.net/lah1321/ http://webpages.charter.net/lah1321/sjijudconspiracy.pdf
These are a few prime examples of true cases and clear cut choices that have been made by Indiana´s judicial system. My husband has been neglected and ignored in Jeffersonville Court systems Superior 2 for years. This is now the time that Indiana needs to be held accountable for the decisions that they have made. We too have acted on our own behalf and filed Pro Se in the court system of Clark County in the State of Indiana in Superior 2 in Jeffersonville, IN. This apparently is a wide spread activity and a code among judges of corrupt activity. This need to be stopped, our constitutional values are at hand and are in the hands of these corrupted officials. These officials swore under oath to uphold the law and in light of all of these discoveries it is clear and precise that money is the foregoing factor in this situation. If you have the money you can have the judge. The judicial system is supposed to protect the innocent and punish the guilty. Clearly that is not the case in Indiana.