Saturday, 7 December 2019

..."Duty, breach, causation, and damages. Those are the elements of a negligence claim,..." https://definitions.uslegal.com/a/attorney-misconduct/


(https://legalmatch.typepad.com/personalinjury/)




Procedural Issues:
  • Ensuring that the claim is filed within the deadlines known as the statute of limitations
  • Selecting venue (the location where the case will be heard)
  • Filing the appropriate papers with the court
  • Responding to any court papers filed by the other party such as requests for documents
Strategic Matters:
  • Investigating the case through discovery (obtaining information from the other party)
  • Speaking for the client in court
  • Selecting a jury
  • Handling trial
  • Appealing your case
  • Recommending courses of action the client should take at all stages of the case
  • Regularly communicating with the client to provide updates

https://www.legalmatch.com/law-library/lawyer-and-client-responsibilities.html



SECTION I
FAMILY LAW RULES OF PROCEDURE
RULE 12.003. COORDINATION OF RELATED FAMILY CASES AND 
HEARINGS
(a) Assignment to One Judge.
(1) All related family cases must be handled before one judge 
unless impractical.
(2) If it is impractical for one judge to handle all related family 
cases, the judges assigned to hear the related cases involving the same family 

and/or children may confer for the purpose of case management and coordination
of the cases. Notice and communication shall comply with Canon 3.B.(7) of the 
Code of Judicial Conduct. The party who filed the notice of related cases or the 
court may coordinate a case management conference under rule 12.200 between 
the parties and the judges hearing the related cases. In addition to the issues that 
may be considered, the court shall: 
(A) consolidate as many issues as is practical to be heard by 
one judge; 
(B) coordinate the progress of the remaining issues to 
facilitate the resolution of the pending actions and to avoid inconsistent rulings; 
(C) determine the attendance or participation of any minor 
child in the proceedings if the related cases include a juvenile action; and 
(D) determine the access of the parties to court records if a 
related case is confidential pursuant to Florida Rule of Judicial Administration 
2.420. 
(b) Joint Hearings or Trials.
(1) The court may order joint hearings or trials of any issues in 
related family cases. 
(2) For joint or coordinated hearings, notice to all parties and to all 
attorneys of record in each related case shall be provided by the court, the moving 
party, or other party as ordered by the court, regardless of whether or not the party 
providing notice is a party in every case number that will be called for hearing.
RULE 12.004. JUDICIAL ACCESS AND REVIEW OF RELATED 
FAMILY FILES
(a) In General. A judge hearing a family case may access and review the 
files of any related case either pending or closed, to aid in carrying out his or her 
adjudicative responsibilities. Authorized court staff and personnel may also access 

and review the file of any related case.




Rule 3.3: Candor Toward the Tribunal

https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_3_3_candor_toward_the_tribunal/


(a) A lawyer shall not knowingly:
(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;
(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or
(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.
(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.
(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6.

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not the facts are adverse.

Thursday, 7 November 2019

...a fair trial is one in which evidence subject to adversarial testing is presented to an impartial tribunal for resolution of issues defined in advance of the proceeding... Fraud on the court to initiate proceeding by false reporting a missing child. White Collar Crime- Aggravated White Collar Crime ...(c)Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.)(aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.) What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnessesFor the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date.

http://caught.net/caught/ineffec.htm

 "Failed to challenge..."



http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0775/Sections/0775.0844.html
(4) As used in this section, “aggravated white collar crime” means engaging in at least two white collar crimes that have the same or similar intents, results, accomplices, victims, or methods of commission, or that are otherwise interrelated by distinguishing characteristics and are not isolated incidents, provided that at least one of such crimes occurred after the effective date of this act.
(5) Any person who commits an aggravated white collar crime as defined in this section and in so doing either:
(a) Victimizes 10 or more elderly persons, as defined in s. 825.101;
(b) Victimizes 20 or more persons, as defined in s. 1.01; or
(c) Victimizes the State of Florida, any state agency, any of the state’s political subdivisions, or any agency of the state’s political subdivisions,
and thereby obtains or attempts to obtain $50,000 or more, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.   
...Fraud victimization involving attorney conspiracy Fwd: Domestic Violence involving police misconduct whereas she stalked me to another state & residence continuing the violence reliving the the initial attacks& assaults by police monitoring related to fraudulent claims & intimate partner violence all over again in addition to prosecutorial tools ABUSIVE LITIGATION NUISANCES -misconduct Fwd: Fraud On The Court, intentional omissions from civil procedure (case coordination & consolidation or related cases as well as nondisclosure that the same parties were in family law cases scheduled six days apart from a prior hearing with another judge & several days apart from other hearing dates in another family law division that had historical data as well as published court calendar dates all immitted from proceedings as well as the initial claim or allegation omitted from Court testimony  Fwd: Frauds, case narratives Complaint against Florida Bar# 667498 Claudia Hernandez ; Florida DCF...



Fraud
Title 42, U.S.C., Section 14141: makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or laws of the United States. This law is commonly referred to as the Police Misconduct Statute.




OMITTED INTENTIONALLY 


FAILED TO DISCLOSE INTENTIONALLY

PREJUDICED THE JUDGE INTENTIONALLY


THE FOLLOWINGMATERIAL FACTS OF SUBSTANTIAL EFFECT - 

VAWA REPORT REGARDING NOT ONLY ATTORNEY MISCONDUCT IN CHILD CUSTODY MODIFICATION
Intentionally omitted criminal nonsupport, offensive behaviour, professional misconduct and ethnic biasedness, child exploitation and institutional racism
Title 42 section 42 1983, 14141 attorney prosecutorial child chustody exploitation including false statements never heard throughout case trial activity, false statements to commence proceedings 

Case Type:
Paternity
Date Filed:
4/24/2002
Location:
Div 38
UCN:
482002DR006249A001OX
Judge:
Patricia A Doherty
Status:
Closed - SRS
Date  Description  Pages  Doc  Request
Doc
7/10/2013  Letter  12   
3/19/2013  Notice of Change of Address  1   
1/1/2007  Case Reassigned to Division    
2/11/2005  Notice    
11/10/2004  Final Order of Dismissal After Hearing    
11/10/2004  Final Order of Dismissal After Hearing    
9/24/2004  HEARING - Status Hearing - Deactivated, Deactivated    
9/24/2004  HEARING - Status Hearing - Deactivated, Deactivated    
9/24/2004  HEARING - Status Hearing - Deactivated, Deactivated    
9/24/2004  HEARING - Status Hearing - Smith, Maura T    
9/24/2004  Court Minutes    
9/24/2004  Affidavit    
9/13/2004  Pluries Summons Unserved    
7/28/2004  Pluries Summons Served    
7/27/2004  Notice of Hearing    
7/16/2004  Motion to Dismiss    
7/14/2004  Notice of Unavailability    
7/14/2004  Notice Appearance of Counsel    
7/1/2004  Affidavit of Lost/Destroyed Instrument    
7/1/2004  Pluries Summons Issued    
4/16/2004  Pluries Summons Issued    
1/6/2004  Returned Mail    
12/26/2003  Certificate of Mailing    
12/26/2003  Affidavit    
12/26/2003  Notice of Action Issued    
10/13/2003  Pluries Summons Unserved    
9/12/2003  Pluries Summons Issued    
9/3/2003  Pluries Summons Unserved    
9/3/2003  Affidavit    
9/3/2003  Motion    
9/3/2003  Motion for Default    
9/3/2003  Affidavit    
9/3/2003  Motion    
9/3/2003  Motion for Default    
8/4/2003  Pluries Summons Issued    
7/31/2003  Request for Admissions    
6/9/2003  Pluries Summons Unserved    
5/21/2003  Pluries Summons Issued    
5/1/2003  Third Party Summons    
2/11/2003  Pluries Summons Issued    
12/26/2002  Pluries Summons Served    
11/8/2002  Pluries Summons Issued    
9/24/2002  Pluries Summons Unserved    
8/30/2002  Pluries Summons Issued    
7/29/2002  Summons Returned    
7/3/2002  Alias Summons Issued    
5/15/2002  Summons Returned    
4/24/2002  Summons Issued    
4/24/2002  Affidavit of Non Military Service    
4/24/2002  Request for Admissions    
4/24/2002  Affidavit of Need    
4/24/2002  Certificate of Compliance    
4/24/2002  Financial Affidavit    
4/24/2002  Civil Cover Sheet    
4/24/2002  Petition    
4/24/2002  Initial Judge Assigned

Case Type:
Paternity DOR
Date Filed:
8/29/2005
Location:
Div 42
UCN:
482005DR014270A001OX
Judge:
Heather P Rodriguez
Status:
Re-Closed
Citation Number:
Date  Description  Pages  Doc  Request
Doc
3/3/2016  Returned Mail  3   
2/11/2016  Order Denying  2   
2/11/2016  Order Denying  2   
4/14/2015  Motion to Vacate  10   
4/14/2015  Notice  3   
7/3/2013  Letter  5   
3/19/2013  Notice of Change of Address  1   
8/7/2012  Letter  11   
5/15/2012  Order Denying  1   
5/7/2012  Birth Certificate  1   
5/7/2012  Motion  107   
5/7/2012  Civil Cover Sheet  2   
4/2/2012  Notice of Change of Address  1   
4/2/2012  Motion  74   
12/5/2011  Letter  3   
11/14/2011  Notice of Change of Address  1   
9/19/2011  Report/Recommendation/Hearing & Order  2   
9/14/2011  Writ of Habeas Corpus  9   
9/12/2011  Writ of Habeas Corpus  9   
9/12/2011  Writ of Habeas Corpus  9   
4/6/2011  Returned Mail  2   
3/30/2011  Report/Recommendation/Hearing & Order  3   
3/28/2011  Child Support Information Sheet  1   
3/28/2011  Certified Notice of Delinquent Support  1   
3/28/2011  Notice to Depository  1   
3/28/2011  Supplemental Financial Statement  1   
3/28/2011  Court Minutes  1   
3/28/2011  HEARING - Motion - Winslow, George    
3/22/2011  Returned Mail  2   
3/11/2011  Motion Set Arrears/Repayment  1   
2/24/2011  Notice of Change of Address  1   
2/24/2011  Memorandum  7   
2/24/2011  Copy/Copies  6   
2/23/2011  Answer  6   
2/18/2011  Alias Summons Returned Served  5   
2/17/2011  Final Order  1   
2/14/2011  HEARING - Motion - Winslow, George    
1/14/2011  Returned Mail  2   
1/4/2011  Notice of Hearing  1   
1/4/2011  Motion Set Arrears/Repayment  1   
11/29/2010  Notice of Change of Address  1   
10/22/2010  Order for Income Deduction  1   
10/22/2010  Report/Recommendation and Final Judgment  4   
10/19/2010  Court Minutes  1   
10/19/2010  Exhibit(s)  2   
10/19/2010  Exhibit(s)  2   
10/19/2010  Child Support Information Sheet  2   
10/19/2010  Child Support Information Sheet  1   
10/19/2010  HEARING - Petition/Motion    
10/8/2010  Returned Mail  2   
9/20/2010  Order for Non Jury Trial  1   
9/17/2010  Notice for Trial  1   
8/12/2010  Response  2   
6/14/2010  Alias Summons Issued  4   
4/9/2010  Summons Returned Unserved  5   
12/17/2009  Summons Issued  4   
12/17/2009  Certificate of Compliance  2   
12/17/2009  Financial Affidavit  4   
12/17/2009  Petition  4   
12/17/2009  Request for Admissions  1   
11/1/2006  Notice of Change of Address    
9/28/2006  HRS673 to Bureau    
7/19/2006  Letter    
7/19/2006  Letter    
5/9/2006  Final Judgment    
5/9/2006  Order for Income Deduction    
5/9/2006  Disposed by Non-Jury Trial    
5/9/2006  Final Judgment    
5/8/2006  HRS673 to Bureau    
4/28/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
4/28/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
4/28/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
4/28/2006  HEARING - Non-Jury Trial - Roche, Renee A    
4/28/2006  HEARING - Status Hearing - Deactivated, Deactivated    
4/28/2006  HEARING - Status Hearing - Deactivated, Deactivated    
4/28/2006  HEARING - Status Hearing - Deactivated, Deactivated    
4/28/2006  HEARING - Status Hearing - Roche, Renee A    
4/28/2006  Affidavit    
4/28/2006  Affidavit    
4/28/2006  Court Minutes    
3/29/2006  Order for Non Jury Trial    
3/29/2006  Notice of Hearing    
3/29/2006  Notice for Trial    
3/29/2006  Request to Produce    
3/28/2006  Request for Admissions    
3/28/2006  Notice of Filing HLA Tissue Typing    
2/9/2006  Notice    
1/10/2006  HRS673 to Bureau    
1/5/2006  HEARING - Status Hearing - Roche, Renee A    
1/5/2006  HEARING - Status Hearing - Deactivated, Deactivated    
1/5/2006  HEARING - Status Hearing - Deactivated, Deactivated    
1/5/2006  HEARING - Status Hearing - Deactivated, Deactivated    
1/5/2006  HEARING - Non-Jury Trial - Roche, Renee A    
1/5/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
1/5/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
1/5/2006  HEARING - Non-Jury Trial - Deactivated, Deactivated    
1/5/2006  Court Minutes    
1/5/2006  Financial Affidavit    
1/5/2006  Child Support Information Sheet    
1/5/2006  Child Support Information Sheet    
12/6/2005  Notice of Hearing    
12/6/2005  Order for Non Jury Trial    
12/6/2005  Request to Produce    
12/6/2005  Notice for Trial    
12/5/2005  Answer    
10/31/2005  Summons Returned    
10/31/2005  Summons Returned    
10/27/2005  Answer Denying Allegations    
8/29/2005  Summons Issued    
8/29/2005  Request for Admissions    
8/29/2005  Certificate of Compliance    
8/29/2005  Financial Affidavit    
8/29/2005  Notice of Social Security    
8/29/2005  Civil Cover Sheet    
8/29/2005  Petition    
8/29/2005  Initial Judge Assigned


Date  Hearing  Time  Location  Pages  Doc
3/28/2011  Motion - Winslow, George  8:00 AM    
2/14/2011  Motion - Winslow, George  8:00 AM    
10/19/2010  Petition/Motion  1:00 PM    
4/28/2006  Status Hearing - Deactivated, Deactivated  8:00 AM    
4/28/2006  Status Hearing - Deactivated, Deactivated  8:00 AM    
4/28/2006  Status Hearing - Deactivated, Deactivated  8:00 AM    
4/28/2006  Status Hearing - Roche, Renee A  8:00 AM    
4/28/2006  Non-Jury Trial - Deactivated, Deactivated  8:00 AM    
4/28/2006  Non-Jury Trial - Deactivated, Deactivated  8:00 AM    
4/28/2006  Non-Jury Trial - Deactivated, Deactivated  8:00 AM    
4/28/2006  Non-Jury Trial - Roche, Renee A  8:00 AM    
1/5/2006  Non-Jury Trial - Roche, Renee A  9:00 AM    
1/5/2006  Non-Jury Trial - Deactivated, Deactivated  9:00 AM    
1/5/2006  Non-Jury Trial - Deactivated, Deactivated  9:00 AM    
1/5/2006  Non-Jury Trial - Deactivated, Deactivated  9:00 AM    
1/5/2006  Status Hearing - Roche, Renee A  9:00 AM    
1/5/2006  Status Hearing - Deactivated, Deactivated  9:00 AM    
1/5/2006  Status Hearing - Deactivated, Deactivated  9:00 AM    
1/5/2006  Status Hearing - Deactivated, Deactivated  9:00 AM




Knowledge of the fraud prior to continuance of the proceedings- which was not the case in the following proceedings nor thereafter when I contacted my attorney regarding ineffective counsel.

Barbara Tanner Jones & Tangel-Rodriguez & Associates 222 Weber St, Orlando, FL 32803      Bar Number: 391956  Mail Address: Tangel-Rodriguez & Assoc 222 Weber St Orlando, FL 32803-3831  United States  Office: 407-849-1133  Cell: 407-849-1133     
SHAYAN ELAHI ESQ 41221 WAYNE STARR ANTHONY SOS GUARDIA AD LITEM CLAUDIA HERNANDEZ 667498 AMANDA ETZKORN 25942 CEDRIC TIBON DORIS MACKEY Heather Morcroft (Appellate Atty) 20 n Orange Ave Ste 700 Orlando 32801 FBN 0709859 407-325-3585 Attorney for Jarrid D. Williams Carlos Alberto Gonzalez Bar Number: 656755 Mail Address: Wayne Starr P.A. PO Box 560206 Orlando, FL 32856-0206 United States Office: 407-228-7280 Fax: 407-228-4296 Email: waynestarr@cfl.rr.com

cc:

Knowledge of the fraud prior to continuance of the proceedings- which was not the case in the following proceedings nor thereafter when I contacted my attorney regarding ineffective counsel.

Barbara Tanner Jones & Tangel-Rodriguez & Associates 222 Weber St, Orlando, FL 32803      Bar Number: 391956  Mail Address: Tangel-Rodriguez & Assoc 222 Weber St Orlando, FL 32803-3831  United States  Office: 407-849-1133  Cell: 407-849-1133     
SHAYAN ELAHI ESQ 41221 WAYNE STARR ANTHONY SOS GUARDIA AD LITEM CLAUDIA HERNANDEZ 667498 AMANDA ETZKORN 25942 CEDRIC TIBON DORIS MACKEY Heather Morcroft (Appellate Atty) 20 n Orange Ave Ste 700 Orlando 32801 FBN 0709859 407-325-3585 Attorney for Jarrid D. Williams Carlos Alberto Gonzalez Bar Number: 656755 Mail Address: Wayne Starr P.A. PO Box 560206 Orlando, FL 32856-0206 United States Office: 407-228-7280 Fax: 407-228-4296 Email: waynestarr@cfl.rr.com

Monday, 28 October 2019

Intentional divestation from ethical standards,the Creed of professional ism & perpetuated institution violence, white collar crime

RE:   9457320158 RFA CASE#   1143172973  False Report FRAUD TO COMMENCE PROCEEDINGS AFTER AN EARLIER DISMISSED ALLEGATION IN THE FL NINTH DISTRICT JUVENILE COURTS -6 DAYS PRIOR- THE SAME FL DCF CPI'S MISUSE OF OFFICE TO HARASS ME OUT ON THE ORLANDO, FL STREET WITH A SCENE AT A NEIGHBORHOOD GROCER - COPS & OVER INFLATED BEHAVIOUR BY THE ACCOMPANYING CPI WHO GOT OUT THEIR GOVERNMENT VEHICLE YELLING "ITS OVER!, ITS OVER!" LOUD ENOUGH FOR THE SMALL NEIGHBORHOOD BLOCK & COMMUNITY TO FORM SOME TYPE OF OPINION THAT A CRIMINAL ACT OR CHARGE WAS INVOLVED - ESCORTED BY THE POLICE WITH NO COURT PAPER WORK - THEY DETAINED OR TEMPORARILY PLACED THE TWO CHILDREN OVERNIGHT WITH THEIR DADS, (WHO SHE HAD ALREADY CALLED OUT TO THE NEIGHBORHOOD BEFORE THE STOP) PRACTICALLY STRANGERS WHO WERE CALLED AS THE OTHER BIOLOGICAL PARENT RATHER THAN THE EXISTENCE OF A PREEXISTING RELATIONSHIP FOR MY KID TO STAY IN A STRANGER'S HOME UNTIL HER FALSE ALLEGATION WAS DISMISSED THE NEXT MORNING. ALL TAKING PLACE WITHIN TWO DAYS OF MY DAUGHTER'S BIRTHDAY "HOLIDAY" ON 1/29/2011. FL CLASSIFIES CRIMES COMMITTED AROUND HOLIDAYS AS HATE CRIMES! OUTRIGHT MOCKERIES THE DAD IS THE ONE WITH NUMEROUS CRIMINAL CHARGES


Dismissed by Judge Anthony H. Johnson

01/27/2011, 6 Days earlier was a fraudulent claim.


Then Handley goes back into her "venue" & lies & reports that there are two missing children on February 3, 2011 in RETALIATION AFTER THEIR INITIAL LOSS.


BUT YOU DIDN'T TELL JUDGE DONALD GRINCEWITZ THAT. NOR DID YOU EVEN MENTION ANYTHING ABOUT A "MISSING CHILD" THAT COULD BE USED IN AN APPEAL ACCORDING TO THE FLORIDA CI   lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion nor permit the lawyer’s silence or inaction to mislead anyone.  What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses

For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.


If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period


391956  Mail Address: Tangel-Rodriguez & Assoc 222 Weber St Orlando, FL 32803-3831  United States  Office: 407-849-1133  Cell: 407-849-1133   


SHAYAN ELAHI ESQ 41221 WAYNE STARR ANTHONY SOS GUARDIA AD LITEM CLAUDIA HERNANDEZ 667498 AMANDA ETZKORN 25942 CEDRIC TIBON DORIS MACKEY Heather Morcroft (Appellate Atty) 20 n Orange Ave Ste 700 Orlando 32801 FBN 0709859 407-325-3585 Attorney for Jarrid D. Williams  Carlos Alberto Gonzalez Bar Number: 656755 Mail Address: Wayne Starr P.A. PO Box 560206 Orlando, FL 32856-0206 United States Office: 407-228-7280 Fax: 407-228-4296 Email: waynestarr@cfl.rr.com

Case# 482005DR014270A001OX)  THE FLORIDA BAR ATTORNEY/CONSUMER ASSISTANCE PROGRAM 651 EAST JEFFERSON STREET TALLAHASSEE, FLORIDA 32399-2300    (KNOWLEDGE OF FRAUD AND INTENTIONAL OMISSION BY THE OTHER ATTYS - ". As an officer of the court, a lawyer cannot have his client perjure himself on the stand, that is, if that lawyer knows it is a lie

...What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses


For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.


If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date. 


Saturday, 12 October 2019

Register of Actions
Case No. 2002-DR-050423-I
SHAW, SHEILA J vs. COLEMAN, JIMMY L§
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Case Type:Income Deduction Order
Date Filed:03/09/2002
Location:Family
Uniform Case Number:482002DR050423A001IX
Party Information
Lead Attorneys
PetitionerSHAW, SHEILA J
 
RespondentCOLEMAN, JIMMY L, JR
Events & Orders of the Court
   DISPOSITIONS
03/09/2002  Income Deduction Order
   
   OTHER EVENTS AND HEARINGS
06/11/2008  Notice of Need for Redirection
Notice of Need for Redirection|NOTICE OF NEED FOR REDIRECTION
05/29/2008  Notice Termination of IV-D Services
Notice Termination of IV-D Services|NOTICE TERMINATION OF IV-D SERVICES
05/29/2008  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS OF PAYEE
05/08/2008  Notice Termination of IV-D Services
Notice Termination of IV-D Services|NOTICE TERMINATION OF IV-D SERVICES
04/30/2008  Notice of Need for Redirection
Notice of Need for Redirection|NOTICE OF NEED FOR REDIRECTION
03/19/2007  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS OF PAYEE
11/15/2006  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS OF PAYEE
08/29/2005  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS OF PAYEE
05/17/2005  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
04/18/2005  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS OF PAYEE
12/28/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
07/13/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
05/18/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
05/17/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
05/05/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
03/23/2004  Conversion
Conversion|CONVERSION LETTER FROM HRS (PAYMENT REDIRECTION)
01/06/2004  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
11/24/2003  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
11/19/2003  Notice of Change of Address
Notice of Change of Address|NOTICE CHANGE OF ADDRESS
11/04/2003  Notice of Need for Redirection
Notice of Need for Redirection|NOTICE OF NEED FOR REDIRECTION
12/10/2002  Case Reassigned to Division
Case Reassigned to Division|CASE REASSIGNED TO JUDGE ORDER TO TRANSFER CASE TO DIVISION 42
10/18/2002  Notice of Change of Address
Notice of Change of Address|NOTICE OF CHANGE OF ADDRESS
03/09/2002  Order
Order|ORDER *
03/09/2002  Order Closing/Disbursing Funds
Order Closing/Disbursing Funds|ORDER CLOSING/DISBURSING FUNDS

Sunday, 15 September 2019

https://www.floridabar.org/prof/presources/presources002/

A lawyer should not knowingly misstate, distort, or improperly exaggerate any fact or opinion nor permit the lawyer’s silence or inaction to mislead anyone
 (Definition of Professionalism, The Standing
Committee on Professionalism.)
A lawyer is not normally subject to Florida Bar discipline for violating professionalism
expectations, but the Supreme Court has stated that in some cases, unprofessional behavior can
also violate the ethics standards stated in the Florida Rules of Professional Conduct, particularly
Rule 4-8.4(d), which describes lawyer misconduct that is prejudicial to the administration of
justice. In other words, if a lawyer’s unprofessional conduct is sufficiently severe, the lawyer
may subject to discipline under the “ethics” rules, the Florida Rules of Professional Conduct.
There are a number of documents that collect the expectations for lawyer professionalism in
Florida into one “integrated standard.” In its Code for Resolving Professionalism Complaints, the
Florida Supreme Court names the following documents as containing the integrated standards it
has for lawyer professional conduct:
o The Florida Bar Professionalism Expectations;
o The Florida Bar Oath of Professionalism;
o The Florida Bar Creed of Professionalism;
o The Florida Rules Regulating the Florida Bar; and
o The decisions of the Florida Supreme Court.
In its Code for Resolving Professionalism Complaints, the Supreme Court says that “substantial
or repeated violations” of the standards announced in the documents above constitute
“unprofessional conduct.”
Unprofessional conduct as described in these documents that does not rise to the level of a
violation of the Florida Rules of Professional Conduct can be handled through an informal
process described in the Florida Supreme Court’s Code for Resolving Professionalism
Complaints. That process allows any person to initiate a professionalism complaint with The
Florida Bar or with a Local Professionalism Panel. Usually, these Panels are made up of lawyers
in the circuit.
The Bar or a Local Professionalism Panel can resolve Professionalism Complaints informally by
providing remedial guidance, if needed. A Panel cannot discipline a lawyer. Alternatively, if the
complaint cannot be resolved informally, the Bar or the Local Professionalism Panel can refer to
matter to The Florida Bar for an investigation into whether the unprofessional conduct violated
the Florida Rules of Professional Conduct.
Although the Florida Supreme Court does not include other professionalism standards as part of
its process for resolving professionalism complaints, students should be aware that there may be
additional guidelines that come from courts or local bar associations.


Creed of Professionalism
I revere the law, the judicial system, and the legal profession and will at all times
in my professional and private lives uphold the dignity and esteem of each.
I will further my profession's devotion to public service and to the public good.
I will strictly adhere to the spirit as well as the letter of my profession's code of
ethics, to the extent that the law permits and will at all times be guided by a
fundamental sense of honor, integrity, and fair play.
I will not knowingly misstate, distort, or improperly exaggerate any fact or opinion
and will not improperly permit my silence or inaction to mislead anyone.
I will conduct myself to assure the just, speedy and inexpensive determination of
every action and resolution of every controversy.
I will abstain from all rude, disruptive, disrespectful, and abusive behavior and will
at all times act with dignity, decency, and courtesy.
I will respect the time and commitments of others.
I will be diligent and punctual in communicating with others and in fulfilling
commitments.
I will exercise independent judgment and will not be governed by a client's ill will
or deceit.
My word is my bond.




Friday, 13 September 2019

Claudia Hernandez

Claudia Hernandez, 

667498

2714 Middle St
Orlando, FL 32807-6414 
United States

Office: 321-202-0328

is our senior Associate Attorney. Ms. Hernandez is a Mexican-American who relocated to Florida in 1999. She is a member of the Florida Bar and was most recently employed by the Department of Children and Families (DCF), Children’s Legal Services, as a Senior Attorney. In this capacity, Ms. Hernandez handled a busy docket advocating on behalf of Florida’s children. She has been the lead attorney in hundreds of child welfare hearings before the Dependency Court.


Representing the State of Florida and prosecuting dependency matters before the Florida Circuit Court, Ms. Hernandez handled the direct and cross examination of expert witnesses, law enforcement and medical professionals, the preparation of witnesses for trial and advocacy before judges in an adversarial process. This work required due consideration be given to the health and well being of the children, the health and well being of their parents and a general assessment of what would be in the “best interest” of the children for which Ms. Hernandez advocated for in the Circuit Court. Ms. Hernandez’s work also involved the provision of legal advice and counsel to the employees and service contract providers working with DCF.


Wayne Starr


Lawyer


Authorized House Counsels


Certified Foreign Legal Consultants


Law Faculty Affiliates


Florida Registered Paralegals


Courts


Legal Groups


Judicial Nominating Commissions


Florida Government


Federal Government


Wayne Starr


Member in Good Standing


Eligible to Practice Law in Florida


Bar Number:

656755

Mail Address:

Wayne Starr P.A.
PO Box 560206
Orlando, FL 32856-0206 
United States

Office: 407-228-7280

Cell: 407-228-7280 - No Text Messages

Fax: 407-228-4296

Email:

waynestarr@cfl.rr.com

Personal Bar URL:

https://www.floridabar.org/mybarprofile/656755

Disrupted impartiality of the court...

What is Fraud on the Court? Fraud on the Court, or Fraud upon the Court, is where a material misrepresentation has been made to the court, or by the court itself. The main requirement is that the impartiality of the court has been so disrupted that it can’t perform its tasks without bias or prejudice. Some examples of fraud on the court include: Fraud in the service of court summons (such as withholding a court summons from a party) Corruption or influence of a court member or official Judicial fraud Intentionally failing to inform the parties of necessary appointments or requirements, in efforts to obstruct the judicial process “Unconscionable” schemes to deceive or make misrepresentations through the court system It’s important to note that fraud on the court only involves court officials or officers of the court, such as judges or court-appointed attorneys. The fraud must be directed at the “judicial machinery” itself. Fraud on the court generally does NOT mean: Fraud between the two opposing parties Submission of fraudulent documents Perjury or false statements by witnesses

For the official who acted in fraud upon the court, they may very well be required to step down from their position and may even be subjected to criminal consequences like a fine or a jail sentence. It could also result in other serious consequences, such as an attorney being disbarred, or a judge being removed from service.

If a court official is found to be biased or prejudiced even before fraud occurs, they are required to excuse themselves from the case, and a different official must be appointed. In some jurisidictions, a trial tainted by fraud on the court will be vacated or set aside for a certain time period (such as two years), to be “reopened” at a later date. 

Friday, 5 July 2019

False Report FRAUD TO COMMENCE PROCEEDINGS AFTER AN EARLIER DISMISSED ALLEGATION IN THE FL NINTH DISTRICT JUVENILE COURTS -6 DAYS PRIOR- THE SAME FL DCF CPI'S MISUSE OF OFFICE TO HARASS ME OUT ON THE ORLANDO, FL STREET WITH A SCENE AT A NEIGHBORHOOD GROCER - COPS & OVER INFLATED BEHAVIOUR BY THE ACCOMPANYING CPI WHO GOT OUT THEIR GOVERNMENT VEHICLE YELLING "ITS OVER!, ITS OVER!" LOUD ENOUGH FOR THE SMALL NEIGHBORHOOD BLOCK & COMMUNITY TO FORM SOME TYPE OF OPINION THAT A CRIMINAL ACT OR CHARGE WAS INVOLVED - ESCORTED BY THE POLICE WITH NO COURT PAPER WORK - THEY DETAINED OR TEMPORARILY PLACED THE TWO CHILDREN OVERNIGHT WITH THEIR DADS, (WHO SHE HAD ALREADY CALLED OUT TO THE NEIGHBORHOOD BEFORE THE STOP) PRACTICALLY STRANGERS WHO WERE CALLED AS THE OTHER BIOLOGICAL PARENT RATHER THAN THE EXISTENCE OF A PREEXISTING RELATIONSHIP FOR MY KID TO STAY IN A STRANGER'S HOME UNTIL HER FALSE ALLEGATION WAS DISMISSED THE NEXT MORNING. ALL TAKING PLACE WITHIN TWO DAYS OF MY DAUGHTER'S BIRTHDAY "HOLIDAY" ON 1/29/2011. FL CLASSIFIES CRIMES COMMITTED AROUND HOLIDAYS AS HATE CRIMES! OUTRIGHT MOCKERIES THE DAD IS THE ONE WITH NUMEROUS CRIMINAL CHARGES

Dismissed by Judge Anthony H. Johnson

01/27/2011, 6 Days earlier was a fraudulent claim.

Then Handley goes back into her "venue" & lies & reports that there are two missing children on February 3, 2011 in RETALIATION AFTER THEIR INITIAL LOSS.
BUT YOU DIDN'T TELL JUDGE DONALD GRINCEWITZ THAT. NOR DID YOU EVEN MENTION ANYTHING ABOUT A "MISSING CHILD" THAT COULD BE USED IN AN APPEAL ACCORDING TO THE FLORIDA CIVIL RULES OF PROCEDURE REGARDING APPELLATE ATTORNEY GUIDELINES?
FELICIA HANDLEY NEVER TOOK THE STAND TO PERJURY HERSELF NOR DID THE ATTORNEY ONCE MENTION A MISSING CHILD IN THE COURT MINUTES.


PREMEDIATED WHITE COLLAR CRIME.



Complaint (5617503201, FELICIA HANDLEY, ORANGE COUNTY, FL CF OPERATING PROCEDURE NO. 180-4 False CPI, PERSONAL TORTS, TORT OF FRAUD Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children Felicia Handley after making such a false statement never commented or was asked questions during the proceedings because of the fraud on the court which all the attorneys knew about as well as a previous dismissal on January 29th, 2011.


https://www.quora.com/How-would-you-advise-a-lawyer-if-he-knows-the-client-is-committing-perjury-but-the-perjury-will-help-in-winning



The obligations of an advocate faced with a threat of perjured testimony







It is an ethical violation of the highest consequence for a lawyer to violate their duty of truthfulness and candor to the tribunal, and it is a criminal act for a lawyer to suborn perjury.














Thursday, 28 February 2019



  • Fraud is defined as a deliberate deception that is designed to enrich the perpetrator, whether financially or personally. It differs from thefts such as larceny, burglary or robbery in that it has to do with misrepresentation rather than a physical act. For an act to be categorized as a fraud, there are four major factors that must be present. They are:

    Misrepresentation of a fact.
    The perpetrator must know that the information being presented is false at the time that it is being presented.
    The perpetrator provided the information with the intention that it would be trusted by the victim the fraud was committed against.
    The victim believed the misrepresentation and was harmed as a result, through some kind of loss.
    Fraud can be categorized as either civil or criminal, and the difference lies in how it is prosecuted and the level of proof that is required. For a fraud to reach a criminal level and be prosecuted by the state or federal government, it must be able to be proven beyond a reasonable doubt. The penalties for being found guilt of a criminal fraud can include fines and jail time. Civil fraud can be prosecuted by a personal attorney and the burden of proof is much lower – a jury does not have to be unanimous in order for a civil fraud case to be won. The end result of prosecuting a successful civil fraud case is to reimburse the victim of the crime for the losses that they have incurred.

    If you suspect that you have been the victim of a fraud and want to know whether or not you have grounds to file a civil fraud lawsuit, the first thing that you need to determine is whether all of the points listed above are present. Did the person make a false representation to you, knowing full well that what they were saying was a misrepresentation of fact?  Can you prove that they intended for you to rely upon them telling the truth? Was it reasonable for you to believe it, and were you harmed as a result of your belief?

    There are a lot of variables involved in pursuing a fraud case, and there are many different degrees of guilt.  Even if not all of the elements listed above are present, you may be able to pursue a lawsuit for negligent misrepresentation, concealment, or non-disclosure. In these situations you may be able to prove that rather than misrepresenting a fact, fraud occurred through a seller not revealing a material fact that would have kept you from making a purchase.

    If you believe that somebody has cheated you intentionally and you have suffered a loss as a result, it is in your best interest to seek the guidance of a qualified civil fraud attorney to review your options. There is a statute of limitations for filing a fraud case, so don’t let too much time go by. The attorneys at Bochetto and Lentz have extensive experience in helping clients recover damages lost to fraud.
    FRAUD AND AGGRAVATED WHITE COLLAR CRIME, ABUSE AND MISUSE OF OFFICE BY NOT ONLY
FLORIDA DEPT OF CHILDREN AND FAMILIES CHILDREN'S LEGAL DIVISION, THE CHILD PROTECTIIN DIVISION AND
GUARDIAN LITIEUM. NO ONE SAID A WORD ABOUT THE ORDER OF ARRAIGNMENT STATEMENT THAT MICHYL AND ISIS SHAW WERE SUPPOSEDLY MISSING ON 02/03/2011. I CONTACTED
THE NATIONAL MISSING AND EXPLOITED
CHILDREN AND THE ORGANIZATION HAD NO FORMAL COMPLAINT EITHER.
THIS WAS A FALSE REPORT THE WOMAN USED TO PROLIFERATED
DERROGATORY STATEMENTS, ASSASSINATION OF CHARACTER AND PARTICIPATE IN ABUSIVE LITIGATIIN TO
HELP WITH EXINTIMATE PARTNER VIOLENCE. THEN SEVERAL STATE EMPLOYEE S KEPT IT GOING ON TO INVADE MY RESIDENTIAL PRIVACY AND LIE
ABOUT NECESSARY MONITORING AS
IF I HAD COMMITED A CHILD CRIME WHEN FACT I DO NOT HAVE ANY CRIMINAL CHARGES RELATED TO CHILDREN.  EDhttpsplaint.blogspot.com/2017/11/posted-in-linkedin-central-florida.html?m=1

Complaint (5617503201, FELICIA HANDLEY, ORANGE COUNTY, FL CF OPERATING PROCEDURE NO. 180-4 False CPI, PERSONAL TORTS, TORT OF FRAUD Section 39.205, Florida Statutes (F.S.) states what the department has to do concerning false reporting for children Felicia Handley after making such a false statement never commented or was asked questions during the proceedings because of the fraud on the court which all the attorneys knew about as well as a previous dismissal on January 29th, 2011.

https://www.quora.com/How-would-you-advise-a-lawyer-if-he-knows-the-client-is-committing-perjury-but-the-perjury-will-help-in-winning



The obligations of an advocate faced with a threat of perjured testimony







It is an ethical violation of the highest consequence for a lawyer to violate their duty of truthfulness and candor to the tribunal, and it is a criminal act for a lawyer to suborn perjury.

If a lawyer knows that their client has lied or is going to lie on the stand, they must generally request that the court permit them to withdraw, and in most states must do so without breaching their attorney-client privilege. Most judges would pretty quickly figure out what has happened, given the circumstances surrounding the request and a properly-worded motion (“I can no longer ethically represent my client, as to do so would endanger my ability to practice law in accord with the ethical rules to which all lawyers must adhere.”).

In a few states, the lawyer may breach the attorney-client privilege in such circumstances, and may explicitly tell the judge in their (sealed) motion that the client or a witness is known to the lawyer to have committed perjury on the stand.

It’s important to note that this only occurs when the lawyer knows that the client or witness is perjuring themselves; simply believing they are doing so, or being in a situation where they should know but do not is not sufficient to trigger this rule. This is one reason why criminal defense lawyers are very careful about the information that they request from their clients, and often advise them to only tell the attorney information that is specifically requested.


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Upvote · 16










 Oz Childs

Oz Childs, I've been a lawyer since 1970 and was a law student before that.


I think a lawyer never know his client is going to commit perjury because even if the client says...


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Christopher Susie

Christopher Susie, J.D. Law, George Mason University School of Law (2005)


Answered Jun 2, 2016





In criminal trials, the situation is tricky for the defense lawyer who knows his client is going to lie. When I worked at the public defenders office as a clerk in law school, I got to watch a lot of criminal trials.

The defendant hardly ever testified — I saw two defendants testify in maybe the 100+ criminal trials I observed in Circuit Court.

When one of them testified, something unusual happened: his lawyer did not perform direct examination like he did with other witnesses (i.e. his lawyer did not ask him any question). The client took the stand and told a story without being prompted at all by the lawyer. That person was convicted.

I asked an attorney nearby what was up with the lack of direct examination: the (other) attorney told me that is how you handle a criminal defendant client that insists on testifying but you know he is going to lie. The lawyer does not elicit the information from the client. This just about guarantees that the judge (though not necessarily the jury) knows that the client is lying. But it preserves the criminal defendant’s right to testify without requiring the attorney to suborn perjury.


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Ellen Harman

Ellen Harman, Practicing attorney in Illinois focusing on workers compensation and related areas including tort defense, ...


Answered May 23, 2016 · Upvoted by Cliff Gilley, JD cum laude, Seattle University Class of 2000



Continue Reading



The lawyer has a law license. He/ she should not need any advice on this question.

Below is the excerpt from the Illinois Rules of Professional Conduct. It pretty much mirrors the ABA Model Code.

We are tested on this , we have to take continuing education courses on it in many states.

I provide the whole Rule. I have placed the relevant section is boldface.

As a profession, we know what to do and how to respond. The few who “forget” or try to weasel out lose their law license.

Sorry if this sounds stuffy, but it is black letter and inflexible for us.

RULE 3.3: CANDOR TOWARD THE TRIBUNAL

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

(2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel; or

(3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal. A lawyer may refuse to offer evidence, other than the testimony of a defendant in a criminal matter,that the lawyer reasonably believes is false.

(b) A lawyer who represents a client in an adjudicative proceeding and who knows that a person intends to engage, is engaging or has engaged in criminal or fraudulent conduct related to the proceeding shall take reasonable remedial measures,including, if necessary, disclosure to the tribunal.

(c) The duties stated in paragraphs (a) and (b) continue to the conclusion of the proceeding, and apply even if compliance requires disclosure of information otherwise protected by Rule 1.6. [client confidentiality; my comment]

(d) In an ex parte proceeding, a lawyer shall inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision,whether or not the facts are adverse.


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Claire Wright

Claire Wright


Answered May 14, 2016





As an officer of the court, a lawyer cannot have his client perjure himself on the stand, that is, if that lawyer knows it is a lie. Otherwise, a lawyer would be perpetuating fraud upon the court. At that point, the lawyer is under an obligation to withdraw from the case (according to the rules of professional conduct). The lawyer is not required to divulge the reason for the withdrawal, in fact, it is improper to disclose such reasons due to attorney/client privilege but it would usually give the judge a good clue based on timing of the withdrawal. In short, a lawyer cannot stand by and watch the client lie to the court.arental Child Abductions
The FBI investigates matters when a parent abducts his or her own child and flees for parts unknown, often overseas. Our field offices across the country serve as the primary points of contact for those seeking help. To request assistance or learn more about our services, please contact a member of the CETF at your local FBI office.

Two federal criminal investigative options and one non-criminal or civil method may be pursued when a child is abducted by a parent and taken over state lines or outside the U.S.:

The International Parental Kidnapping Crime Act (IPKCA) of 1993: A criminal arrest warrant can be issued for a parent who takes a juvenile under 16 outside of the U.S. without the other custodial parent’s permission.
Unlawful Flight to Avoid Prosecution (UFAP)—Parental Kidnapping: When criminal charges are filed by a state that requests our help, a criminal arrest warrant can be issued for an abducting parent who flees across state lines or internationally. See below for more details.
The Hague Convention on the Civil Aspects of International Child Abduction: In nations that have signed the Hague Convention, there is a civil process that facilitates the return of abducted children under 16 to their home countries. See below for more details.
The criminal processes enable the arrest of the abducting parent but do not specifically order the return of the child, although the child is usually returned when the parent is apprehended. The civil process, on the other hand, facilitates the return of the child but in no way seeks the arrest or return of the abductor. As a result, a criminal process would not be pursued if circumstances indicate it will jeopardize an active Hague Convention civil process.

Based on these considerations, we pursue criminal action in international parental kidnappings on a case-by-case basis. We take into account all the factors and guidance among the impacted state and federal law enforcement agencies, state and/or federal prosecutors, the Department of State, the Department of Justice, and the left-behind parent.

It’s important to understand that the FBI has no investigative jurisdiction outside the U.S., except on the high seas and other locations specifically granted by Congress. We work through our existing partnerships with international authorities through the U.S. Department of State, our Legal Attaché program, and Interpol.

If you are a left-behind parent, please see the Department of Justice’s International Parental Kidnapping webpage for more information.

Our authority in parental kidnapping cases stems from the Fugitive Felon Act. Although this statute most commonly applies to fugitives who flee interstate and/or internationally, Congress has specifically declared that the statute is also applicable in cases involving interstate or international parental kidnapping. Because many fugitives flee with their own children, the statute serves as an effective means for the FBI to help local and state law enforcement arrest these fugitives. In order for the FBI to assist with a UFAP arrest warrant, the following criteria must be met:

There must be probable cause to believe the abducting parent has fled interstate or internationally to avoid prosecution or confinement.
State authorities must have an outstanding warrant for the abductor’s arrest charging him/her with a felony under the laws of the state from which the fugitive flees.
State authorities must agree to extradite and prosecute that fugitive from anywhere in the U.S. if the subject is apprehended by the FBI.
The local prosecuting attorney or police agency should make a written request for FBI assistance.
The U.S. Attorney must authorize the filing of a complaint, and the federal arrest process must be outstanding before the investigation is instituted.
More on the Hague Convention

To assist with the recovery of children abducted internationally, the U.S. implemented federal legislation under the International Child Abduction Remedies Act by signing the Hague Convention on the Civil Aspects of International Child Abduction in 1988. The Hague Convention is an agreement among its signatories that states:



FRAUD

Rule 12.003
Coordination of Related Family Cases and Hearings
(a)     Assignment to One Judge.
(1)     All related family cases must be handled before one judge unless impractical.
(2)     If it is impractical for one judge to handle all related family cases, the judges assigned to hear the related cases involving the same family and/or children may confer for the purpose of case management and coordination of the cases. Notice and communication shall comply with Canon 3.B.(7) of the Code of Judicial Conduct. The party who filed the notice of related cases or the court may coordinate a case management conference under rule 12.200 between the parties and the judges hearing the related cases. In addition to the issues that may be considered, the court shall:
(A)    consolidate as many issues as is practical to be heard by one judge;
(B)     coordinate the progress of the remaining issues to facilitate the resolution of the pending actions and to avoid inconsistent rulings;
(C)     determine the attendance or participation of any minor child in the proceedings if the related cases include a juvenile action; and
(D)    determine the access of the parties to court records if a related case is confidential pursuant to Florida Rule of Judicial Administration 2.420.