Monday, December 21, 2009

David Lacking Ammio

DAVID vs Goliath - The Courts Hands David
A Badly Torn and Empty Slingshot.

By Jan LightfootLane 207/453-2353

Denial of "Meaningful Access to American Courts" means, Americans are less Free, than they thought. A meaningful Access to Court simply implies each person who has suffered a harnm, can have the matter heard by an objective decision on the mater.

In Civil actions, representing your self without a lawyer (Pro-Se) is repeatedly likened to a battle of David vs. Goliath proportions. After being brutally beaten by the Courts, seeing others so torn to shreds instead of receiving fairness at the hands of the courts, I not only call a Pro-Se vs lawyer, a David vs Goliath crusade. I call it a skirmish in which David the self-reporting party, is devoid any ammo.

As if that is not enough of a disadvantage the Davids are also not just devoid of stones, they are given a broken sling shot.

I talk about only Civil litigation, as in my case, a car accident. Or a land use issue, or contracts disputes, divorces, etc. Civil Cases, are legal cases brought against law biding individuals.

Low-Income people involved in car accidents are not entitled to a free
lawyer.” If a landlord wants you Out, the eviction is a civil matter. That’s one of the few matters which understaffed Legal Aide can handle. Civil matters can cost thousands of dollars. Being unable to pay rent because you are repaying 3 times the amount owed, or what you do not owe, can worst then being in jail.

In my car accident a young driver pulled out in to my travel lane, and WITHOUT TRIAL,I owe the better part of a years income.

Civil actions often amount to uncivilized acts against the underpaid (Formally poor) and the lower middle-classes. When Rules and Procedures of the courts, are used against people who have little choice then to represent themselves against fancy lawyers, meaningful access to the Courts, or having a third uninterested party listen to the facts, in other words Justice, is all but an illusion.

Let us talk about a Court system, which protects the “Livelihood of Lawyers” over the 6th amendment right to represent yourself, at trial. Self-representation is based back in colonial times, when one person could bring or defend against another in court, AND HAVE THE FACTS OF THE CASE HEARD. It called protecting the Status Quo.

The 6th amendment constitutional right to effective counsel, is the heart of “Freedom” as America advertises it in jr. high and high school civic classes. Yet since the 1980’s if not before, Courts have felt free to announce that Pro-Se’s or those representing themselves without lawyers will be held to the written standard which lawyers are held. Only in practice Lawyers are held to a typically more lenient to attorneys then courts are to the self representer’s.

Making a living at the law, the Court Grants lawyers all kinds of leniency not granted to a Pro-Se person. Judges are reluctant to finalize a case if the lawyer has a good reason for missing a court date. -I was ill. This is one excusable reason for someone who passed the bar..- In cases where, the self-representer was sick, say on the pre- trial hearing, the case is permanently closed in favor of the Plaintiffs insurance company. As with my car accident case.

With a lawyer who depends on Law for his source of income such a reason would be “an excusable reason.” And the case would be added back on the docket, as soon as the attorney made a motion for such.

Another reason people not willing to be on the streets to pay a lawyer are deprived of justice of trial is the Judges 1) do not want to take time to read the plain English complaints, and other filings. 2) they wish to clear their dockets.

This holding Pro-Se’s to a higher standard as any lawyer, is couched in seemly fair language. Saying the Pro-Se should not benefit by their absence of a lawyer.

And yes I wholely agree, if there is no legal basis for a case, the case should be dismissed before trial. But in the UNFAIR application of “Not benefiting by self-representing status,” Holding Pro-se’s to an impossible criterion, as to eject from 55% to 98% of the cases on Rules and Procedures alone, is to deny Americans their American Rights.

In fact the people most likely to be forced to utilize this method of defense, or what the courts call the indigent. By Law federal Courts are charged with PROTECTING minority rights of the indigent. When I asked the Department of Justice how many cases, are thrown out without trial, they said they do not keep court records on that account. So How does Federal Court Protect the Rights of the indigent

In order to judge how valid the premature dismissals are, the numbers of casing lacking the hearing of facts by a impartial person, should be calculated. This is the best means to tell if self representing parties are handed a torn & empty slingshot.

For Americans to enjoy a highest standard of freedom, Pro-Se's should be given fair trials. Instead, from 1977 until 2009 just the illusion of fairness, prevails.
It’s time each of us stands to Stand up for our rights. Call the Judge lounge of the federal Appeal Mass Court.

Tell President Obama to Fix this dirty secret.

Saturday, December 19, 2009

The Yesterday That Never Was.

There is a new office in Federal government. It is called Social Innovations. Run by Tom Sheridan.

My suggestion for an re- innovation is to simple. Return to a time when Citizenship included the RIGHT TO BE HEARD in the Courts.
I will give you the benefit of the doubt, that you might actually care about the people you serve and not a big paycheck. I hope to be proved right.

Oh a quick intro I am a 60 year old woman who has dedicated 30 years to the homeless without pay. Often feeling like a unwilling clog in the machine grinding down people into nothing. In the name of Profits. I have ideas from myself and those I serve. I would love to be heard, at the White House.

I operate a Homeless Crisis Hotline. Where those I serve who are eligible for town aid are routinely denied by governmental officials.

UPON the issue of my doing my job to the best of my ability With OUT, governmental lies to the people who call me for help, the US Courts doors, are closed to me for redress, because I cannot afford a Lawyer. The state has NO Valid reason to interfere with my success rate of Housing the Homeless. Tried to correct this practice in Court in 06 and 07 dismissed. (technicalities)

It would be great to take 50-200 leaders fighting to end 100% poverty, and their significant others and asked for solutions. Fly them first to DC. Place them in a luxury motel.

Then President Obama, have a Long lunch with them, get workable ideas and solutions. Then give them a vacation a few days in the motel and a stipend. The solutions are With Us Underpaid, workers, mothers and disabled. We know the Barriers First hand.

Tom, this is basically what I wrote to President Obama

My right to travel is impaired I was offered a spot to speak at National Students Against Hunger and Homelessness at Chicago Loyola U. This week-end, the 6th of NOV I was to present to students from all over America.

Only poverty caused my lost of Drivers license. I had not photo ID. As my license was no longer valid. My right to drive, has been twice removed without a hearing on the facts. This due to a car accident. I missed a pretrial hearing. Usually a lawyer is given a change to set things right. So why not someone knowing less than a lawyer? For thousands of years the wisdom went in favor of the self-representing party, on technicalities alone.

I was barred from presenting my side of the story not because there was no dispute, but upon technicalities alone. I am prevented from accomplishing my calling by twisted law designed to eradicate use of the courts by the poor. This case has gone on since 2004, I paid over $1,200 and only $200 counts to the Principal.

The car was purchases at $1,000. I owe around $3,000. That is nearly half my income for a year. Lacking income, and fighting the Corrupt System, is like trying to climb up a 90 degree hill.

I contended I was only 1/2 at fault. The insurance said I was 75% at fault but it will cost me Way over the 100% of the accident. The court heard NONE OF THIS. Smoking mirrors made my rights vanish.

Yes Obama you are black but have no idea what it is like to be poor, of any color.
If you can pardon criminals; Please, I beg you Please, try to pardon me, for being a 60 lady without sufficient income.

The worst part of all this IS there are people out there not able to exercise their right to be human. My violation was travel and right to speak.

There are people out there who lack a roof over their heads or ample food in their Kids bellies. Our federal and state courts being for those who can afford attorneys, keeps them homeless, and in unneeded misery.

I would love my day in court. But you cannot do anything about a Maine state Court. Except to say the State Court Judge swore to uphold the USA Constitution. This could be a factor in making judges PROTECT the rights of the indigent. Another alternative would be issuing a social innovation fighter a federal driving license. That would be one cure.

You can retract the needing ID to Fly, take a bus, or a train. The Real ID only makes terrorist get fake ones. It has made Americans Less FREE

The only crime I am guilty of is being born poor, and staying poor, working at minimum wage, for all but 5 years of my life. There are 120 million of us out there who need a pardon.

State and Federal Jurist takes on oath to unhold the US Constitution. Then dismisses valid cases on technicalities, not usually applied against School Taught Lawyers. Why? To Lessen the Dockets.

This has and IS being done since around a 1974, 1977 Criminal case. It is called something like Frattteia vs the US. Its where the US Supreme Court ignore 700 - 1,500 years wisdom and hold criminally charged people, who cannot afford a lawyer to a HIGHER Technical standard then A Schooled attorney.
If you can afford a lawyer or accept the underpaid court appointed lawyer, you can complain he was ineffective at trial. If you represent yourself, without a lawyer no such claim is permitted.

When the phrase "Not benefit from their absents of a lawyer" is applied without logic, it transform the legal system into a series of hurdles.

In civil Cases average persons who cannot afford a lawyer, are held to a higher standard of technical proficiency then lawyers. This is CONTRARY to the concepts of Justice.

I want to contribute to life, up to the level my skills allow. Not, merely but a vessel to pay bills. Without a drivers license I cannot drove 80 year old women around in search of an apartment.

What Right has to Government to say I can not follow my heart, in legal endeavors? My social innovation is to return to a Freer America. Let us fill the dream. Let us end 100% of poverty.

Saturday, December 12, 2009

2-day free health clinic attracts 2,300 people
Saturday, December 12, 2009 4:08 AM CST

Does this headline tell the state of Americans and health care? With turn outs like these there is no wonder why Univeserval Health Care is needed.

There is nothing NEW about this need. Health Care was cited as a basic to life back in 1948, in the Universal Declaration Human Rights treaty. If you don't have your health you have nothing.

Poverty is one cause for bad health in the land of plenty. It is cited as a cause of many diseases based upon bad nutrition.

Hospitals who have a policy that health concerns be an aspect required for groups to use their halls should welcome Human Rights/anti poverty groups.

Two things I want from this post. To have people repost the adress to their US Senators, And for all local hospitals to recognize the role poverty plays in sickness.

Often the poor can not afford fresh fruits or vegetables, so they live often on noodles, Pasta, Oatmeal, and eggs. All good, when combined with other healthy foods, but not alone.

Fast foods are cheaper then buying healthy foods. They continue FAT. They can make one Obese. There are loads of health problems which comes with being overweight.

Saturday, December 5, 2009

Just about 5 days before the 10th of Dec., and Poverty Awareness Day, I am wondering If I done enough to get the word out. We need searchers to look up the word Poverty at two of the sites which lists what topics was most searched. They are Yahoo and Google. If you have only the time or energy to look up one spot make it Google as they list the top 20 not just the 10 most popular searches

I have written to many groups. Some I belong to, and others I do not belong. The ones which I belong to I have not seen a post by them. has listed the event. I feel like I have been unable to convey the importance of this act. to others.
A three months lead-way, and less than a handful of people-without any budget to speak of this, is less the optimal. Yet that is what I have to work with, worn out tools.
The first person I bounced this Idea off of, outside of the Board members said "Great idea" It self explanatory. 3 out 4 people at Yahoo Answers said get a job. the fourth decided. "I will not lose anything, Ill do it."

There will be another flurry of emails and phone calls on Monday. saying the 10 is close. In order to make poverty part of the discussion, search for it on Yahoo and Google on the 10th of this December. Tell even two other folks who will tell two other folks about this action.

Because the Poverty Awareness Day is on Human Rights Day, other groups seem busy with their activities, and will not post. So yes this does need explanation. It also needs to reach a mind who will trust if enough people do this it can have good results. The media refuses to carry in depth stories on ending poverty. They say not that many readers CARES about poverty. If we can hit number one or ten we can show the media, People DO Care.

I wonder if I can get even 100 people asking 2 people to click away on poverty at these two sites before its the 10th? Is this too hard an concept to understand?
Maybe, if this flops I am in the wrong field? Or maybe I should try twice as hard for twice as long next time. Get a budget, and more volunteers.

I am asking every person who has use of a computer, to use their web search to look up poverty. You might be interested with the results. This will be an nearly 36 hour action due to time differences all over the world. am asking people in the UK, So. Korea,the AU to do such. The success or the failure depends upon who many understands this action well enough to post with your favorite groups. It depends upon if I reached enough willing people. It also depends upon if the universe thinks this is the Right time.

You might not have money to donate nor a being space of time to donate to the cause of ending poverty, with the economic system of Love. But you can say you were part of this movement if you look up "Poverty" even once at Google. You can say you helped leaders improve the world by putting poverty at the top 10-20.
Like I said any time on the 10th is the time to look up poverty. I think that the AU is at least 10 hours ahead of American. Then CA is 3 hours behind Maine.

Please both look up Poverty, and post this event.