State legislatures — we have a problem

Why all 50 states need to overhaul their judicial oversight agencies

Judges make life-altering decisions every day. Whether through rulings in individual cases or through the establishment of case law, judges intimately impact the life of every American.

As a matter of public safety it is crucial to ensure that judges are making decisions free of corruption, cronyism, and bias.

The main line of defense against these evils are state judicial oversight agencies, which are charged with investigating judicial misconduct — violations of judicial ethics — and disciplining judges accordingly. The other core function served by these agencies is to refer criminal conduct to appropriate authorities such as an attorney general, district attorney, or federal agency.

But these judge watchdogs operate more like national security agencies than agencies responsible for overseeing public officials presiding over public courtrooms conducting the public’s business. The agencies withhold vital information about the conduct of judges, including complaints and private disciplines.

Why is information that would impact judicial elections and provide insight into the performance of judges being withheld from the public — including instances of actual misconduct that are being privately disciplined by secret letters?

To understand why we must take a look at the common beginning.

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Judging Hon. Valerie R. Manno Schurr FL State Judge

judging-the-judgesThe Robing Room – Where Judges are Judged.

Get this incompetent bimbo off the bench and soon – she has no clue and a horrible disposition – treats people with disrespect and extreme arrogance – is ignorant of the law and one can only wonder how in God‘s name she is on the bench. A horrible injustice to the legal system in Miami-Dade County. She should be removed, with pleasure. – View Detail

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Vacation While Promoting Family Court Justice

Welcome to Leon Koziol.Com

1233 A scene in Hawaii obtained during a book publishing assignment by PRI Director Leon Koziol

Okay here’s the challenge. And you can do it. No strings or gimmicks. It’s this simple. You got friends, acquaintances, maybe even a few enemies you want to exploit. Sell 10 Court Strategy or Self-Representation Programs featured on the Parenting Rights Institute and Leon Koziol.com websites, and you get round trip plane fare to Hawaii. Sell 20 and get lodging for three days on the romantic island of Maui or bustling Waikiki. Sell 30 and get a week of lodging, minimum 3-star quality, and it will be a winter escape of your dreams.

The best part about this opportunity is that the proceeds will go toward family court reform. But what if you fall short of these numbers? No problem, you will get the standard $50 finder’s fee for each sale should you decide to…

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New York Times Publisher says…We dictate news, subscribers go elsewhere if you don’t like it!

Welcome to Leon Koziol.Com

IMG_0743 Talk Show Host Sean Hannity, Dr. Leon Koziol and Dr. Eric Braverman at a fundraising gala in Manhattan

Administrator’s Note: Our recent Corrupt Judge Series (Turkey Trilogy) has received remarkable interest. For those of you who missed it, this is the link.

By Dr. Leon Koziol

Parenting Rights Institute

This is an open letter to Art Sulzberger, publisher of the New York Times from a secondary media dot com. We know you’ll never read it, that’s why it’s being published on the viral internet, a cheap and logical source for all the news today that’s truly “fit to print.”

We’ve had all we can take of the brazen propaganda you’ve been feeding us: the cropping of George Bush from a front page photo of the Selma parade, negative election coverage of Donald Trump, and now the op-ed submissions you’re screening to keep it going.

It is an abuse…

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Family judge admits pedophilia! Would you allow your children in his chambers?

Project Fatherhood FL 11- 2015Bring awareness to the corruption and fraudulent acts of Family Courts and Child Protective Services. Our children, parents and families are being abused, destroyed and in some cases, murdered while the APA maintains its “no policy” policy, which we believe contributes to the problem which consist with the corruption within the system that is supposed to be in the best interest of our children and families.

Welcome to Leon Koziol.Com

img_0510 Removal order obtained by Dr. Leon Koziol from his custody judge, Bryan Hedges, who was declared to have a “reputation beyond reproach” until removed from family court after admitting to sexual misconduct on his handicapped, five year old niece.

By Dr. Leon Koziol

Parenting Rights Institute

As a dedicated dad, I came close to contempt of court many times trying to protect my little girls from harm in New York’s family courts. As an attorney before that, I never once faced such a threat. But as today’s story will prove, fate or the good lord was looking out for us. Brace yourselves for this one!

Many of our followers remain incredulous over my public disclosures of a pedophile family judge, Bryan Hedges, who once presided over a custody war started by my ex-spouse, Kelly Hawse-Koziol (with monumental ignorance). Here at Parenting Rights Institute, we protect unsuspecting moms and dads…

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The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
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By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

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Is There a Difference Between Motioning for Reconsideration or Rehearing?

Ask any civil trial lawyer in Florida how many days one has to move for rehearing of an order simply granting a motion for summary judgment, and the odds are good the lawyer will respond, “Ten days.” Pursue the matter further with the lawyer, and ask where this 10-day period is set forth in the Florida Rules of Civil Procedure, and the lawyer will invariably point to Rule 1.530, which by its title governs motions for new trial and rehearing.

Rule 1.530, however, provides that a motion for rehearing must be served no later than 10 days after “the date of filing of the judgment in a non-jury action.”1 An order simply granting a motion for summary judgment is not a final judgment; rather, it is a nonfinal order.2 So, too, are myriad other orders entered by a trial court before final judgment. Attorneys in Florida nevertheless regularly file “motions for rehearing” directed to such nonfinal orders. Often they believe they must do so within 10 days. Sometimes they also believe that such a motion tolls the time to seek appellate review of the nonfinal order.

Motions for rehearing of nonfinal orders are not authorized by the Florida Rules of Civil Procedure.3 Noting that motions for rehearing are exclusively governed by Rule 1.530, the Florida Supreme Court has observed that “[u]nless the filing of a motion for rehearing to an interlocutory order is authorized by a rule of court promulgated by the rule-making authority, then its filing is improper.”4 Indeed, it is not unheard of for an attorney to file a motion for “rehearing” of a nonfinal order and subsequently be confronted with a response from the other side echoing the court’s language and declaring that such motions are unauthorized and improper.

Yet while the rules of civil procedure themselves do not authorize motions for rehearing directed to nonfinal orders, a trial court does have the inherent authority to reconsider and alter or retract such orders prior to the entry of final judgment.5 Rather than constituting a motion for rehearing under Rule 1.530, a motion directed to a nonfinal order is actually a “motion for reconsideration” based upon this inherent and discretionary authority of the trial court.6 Despite this distinct and well-established basis for reconsideration of interlocutory orders, there still exists confusion among many practitioners about the differences between reconsideration and rehearing.

Much of the confusion stems from the fact that parties and the courts frequently use the terms interchangeably, at least in the context of motions directed at nonfinal orders. This is perhaps understandable given the lack of any rule-based authority for reconsideration of nonfinal orders; the articulation of the trial court’s inherent authority has of necessity come through the development of the common law. An attorney will, therefore, only be aware of the basis for reconsideration — as well as its effect on any subsequent appeal — from the case law.

Common Law Origin of Motions for Reconsideration

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