US Supreme Court to Hear Unconstitutional Child Support Debtor Prison Case
US SupCt GRANTS review of State C$E, new parties + amicus!
Sun Nov 7, 2010 4:38 pm (PST)
[direct links to the actual petition, some amicus briefs, and major media stories are included below]=======
(Washington, DC) — On November 1st, 2010, the United States Supreme Court finally **GRANTED** direct review over the various States’ unconstitutional patterns and practices of repeatedly jailing beat-dead [indigent] noncustodial parents under child support “contempt” and without providing the otherwise well-established right to have defense counsel appointed them.
Groups filing amicus briefs in NCP Turner’s support, so far (hint, hint..), have included the American Civil Liberties Union, the National Association of Criminal Defense Lawyers, the National Legal Aid & Defender Association, the Brennan Center for Justice at the New York University School of Law, and The Constitution Project. There are valid Letters from both principal opposing parties in this case, welcoming any and all amicus briefs, already on file with the Clerk of the US Supreme Court.
Amazingly, some of the professional amicus briefs filed by these groups have come straight out against this “modern form of debtor’s prison” with very strong arguments, backed with solid case law… very promising, VERY exciting for all NCPs!!
While emerging from a plainly unconstitutional ruling of the South Carolina Supreme Court, which inexplicably affirmed the draconian tactics used repeatedly upon NCP Michael Turner, the various amicus briefs filed so far are *already* implicating like ALL of the States — in general — and particularly THESE seven (7) other States for being in similar noncompliance with indigent civil rights, regarding appointments of defense counsel within contempt and/or similar state court actions:
“Just four other States–Florida, Georgia, Maine, and Ohio–are in the same camp as South Carolina. Courts in three other States–Nevada, New Hampshire, and New Mexico–have adopted a third approach, requiring trial courts to determine on a caseby-case basis whether appointment of counsel is warranted.”
Already, amicus briefs are involving both case law and statutes from many different States… A couple of new individual parties have been granted leave to intervene or otherwise participate, as well. This ***very important*** case is growing fast… I am confident that within 60-90 days from now, you will see that at least several other major, well-known civil rights organizations, and probably some 30-40 of the various States’ Attorneys General in opposition, will have filed each of their own respective amicus briefs into this case, too… maybe even all 50 of the AGs, but we’ll see yet how it goes…
Accordingly, *now* is the time for interested family rights legal scholars/organizations to crank out their own amicus briefs, and/or select representative plaintiff(s)/intervenor(s) to enter directly into this case — either way, and hopefully both ways!
PROPOSAL:
==========
Sets of three (3) different-named family rights organizations should work together on 2-3 related constitutional/legal issues, and submit JOINTLY-NAMED amicus briefs. Even better, at least one male and one female, or more, who all happen to belong to, or work with, two or three different-named family rights organizations, should do the similar thing and move jointly to directly intervene, again with a purposefully JOINTLY-NAMED legal package submitted.
This important case has been filed primarily over the deprivation of the right to indigent defense counsel, the related “ability to pay” aspect in child support contempt proceedings, the jailings, and that general area of family court issues. However, in the recent Order by the US Supreme Court on Nov. 1st, the Court requested parties/amicus to also brief the new additional Question — “whether or not” the US Supreme Court has jurisdiction to review the ruling of the SC Supreme Court (duh…).
It is this Question that has “opened up the door” to creative minds, because there are at least *several* legal angles that combine: providing the Court its own federal jurisdiction, by raising any *directly-related* constitutional issues, such as:
(1) — the reason that South Carolina’s actions are sooo unlawful against NCP Turner, is because South Carolina has directly violated both federal and its own state CCPA laws (Consumer Credit Protection Act), by issuing ANY child support orders against someone who the state court itself classified as “unemployed”, since CCPA laws mandate that those child support orders exceeding max percentages of NCP Turner’s any available “disposable” income (i.e., none..) are simply VOID, in the first place. In other words, most ALL of the States are routinely ignoring the mandatory protections of CCPA, and issuing onerous orders that far exceed the limits against available “disposable” income percentages, and all those orders are VOID, in the first place, and *cannot* be enforced, ever…, per the clearly express mandate of both federal *and* state CCPA laws!
(2) — the federal Congress never had any *valid* authority, in the first place, to ever promulgate federal laws to manage and micro-manage family units, or the individuals of family units, so NONE of those programs (Title IV-A, IV-D, IV-E, etc., etc.) should even exist, in the first place… Family Law has *always* been the sole province of the States, and never the realm of the Federal Government… ever. See also, arguments within several of the pending Health Care Reform lawsuits out there, for the reality that the federal Congress has been far exceeding its Constitutional authority under the “Commerce Clause” for a long, long time… Therefore, since Congress’ Title IV-D of the Social Security Act is unconstitutional, to begin with, then it is really the Federal Government’s fault that poor NCP Turner is in such a pickle, in the first place, you see, by all the “carrot and stick” programs and activities funded by federal taxdollars. Again, ALL of the *federalizations* of Family Law are invalid.
(3) — also, the entire federalized Title IV-D child support enforcement scheme is a HUGELY fraudulent financial waste and catastrophic drain upon America, for 35 years now, costing **Trillions** of taxdollars over that span, to net back only in the very small Billions of extra C$ actually collected… In other words, America would still have continued the prior ~80% paid in full of all child support out there, as America already had before the Fed got involved, yet, instead, America has poured out **Trillions** of taxdollars to collect only a few small extra Billions — an actual return-of-investment that is NEGATIVE to the tune of at least hundreds-to-one, if not over 1000-to-1, in monetary LOSSES, every minute, of every hour, of every day… The entire federal child support program is a HUGE financial fraud upon America, and always WAS…, from the mid-1970s start.
and, etc., each of which gives square and solid federal jurisdiction to a US Supreme Court that already well knows that it has jurisdiction…. You may also know of one or more other strong legal challenge angles into this very important case.
It also just so happens, that I have very direct and recent (May-June 2010) experience in the US Supreme Court over a few of these exact same issues, although my own client’s Petition for Writ of Certiorari was another one of the 10,000 or 99% not picked this year for review (perhaps also because I scared the crap out of them with CCPA arguments, see this link):
http://unitedcivilrights.org/worksamples/USSupCt-Pet4Cert1stAmended-CCPA.pdf (directly relevant to THIS case)
Therefore, the organization that I created and co-founded, United Civil Rights Councils of America, will be surely seeking to cooperate jointly with another pair of willing/participating family rights organizations, using one or more of the above theories to file into this very important case, under either an amicus angle, or the straight-up intervention method, if the right one or more people are found to be intervenors fitting this case well. Please contact me via email directly if you are interested.
LINKS TO LEGAL FILINGS AND ONLINE MEDIA STORIES:
============================================
(provided in chronological order, more or less)
Here is the original SC State Supreme Court ruling being reviewed by SCOTUS:
http://www.judicial.state.sc.us/opinions/displayOpinion.cfm?caseNo=26793
or, the same on FindLaw:
http://caselaw.findlaw.com/sc-supreme-court/1522639.html
or, the official SC advance sheet containing the ruling, with other cases:
http://www.judicial.state.sc.us/opinions/advSheets/no122010.pdf
For interest, a November 30, 2009 ACLU article on the original defiant SC Supreme Court in this case:
http://www.aclu.org/prisoners-rights/aclu-urges-state-supreme-court-affirm-right-counsel-indigents
The New York Times online story about this case:
http://www.nytimes.com/2010/11/02/us/02scotus.html
Constitutional Law Blog story about this case:
http://lawprofessors.typepad.com/conlaw/2010/11/court-to-hear-right-to-counsel-case.html
OnTheDocket’s story/info/links:
http://www.onthedocket.org/cases/2010/turner-v-price
ABA Journal’s article on this case:
http://www.abajournal.com/news/article/supreme_court_accepts_case_on_right_to_lawyer_in_civil_contempt_proceedings
The Nerve’s *very* informative and up-to-date article, detailing the total factual background on this case well:
http://www.thenerve.org/Comments/10-08-02/Indigent_Father_Appeals_to_U_S_Supreme_Court.aspx?searchid=e433607d-ba56-476e-8f9c-d30b56ca8640
and, the Nerve’s previous related story, published after the SC State Supreme Court’s ruling was issued:
http://thenerve.org/Comments/10-04-12/S_C_High_Court_Upholds_Jail_for_Indigent_Parents.aspx?searchid=4611e176-8e28-4062-ba54-30395ab6bdcc
Here is the current SCOTUS Docket online listing:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-10.htm
Including this same Turner v Price case, an outlined organization of most/all other cases being reviewed by SCOTUS during this 2010-2011 Term – i.e., what other current SCOTUS cases might be either directly and/or indirectly related and useful:
http://www.rashkind.com/supct.pdf
One of few online places to normally get copies of, or to review, the various Briefs filed into SCOTUS cases:
http://www.abanet.org/publiced/preview/briefs/unscheduled.html#1010
(unfortunately, briefs not there for this case yet – has the Questions, though)
Turner v. Price, Docket No. 10-10
Questions Presented — Whether the Supreme Court of South Carolina erred in holding – in conflict with twenty-two federal courts of appeals and state courts of last resort – that an indigent defendant has no constitutional right to appointed counsel at a civil contempt proceeding that results in his incarceration.
Questions presented — In addition to the question presented by the petition the parties are directed to brief and argue the following question: “does this US Supreme Court have jurisdiction to review the decision of the South Carolina Supreme Court?”
BRIEFS FOUND ONLINE:
The original Turner petition for writ of certiorari in the US Supreme Court (3.67mb):
http://www.scotusblog.com/wp-content/uploads/2010/08/Pet.10-10.pdf
The older combo ACLU-NACDL-etc-etc amicus brief, filed in NCP Turner’s support, at the SC State Supreme Court:
http://www.nacdl.org/public.nsf/newsissues/amicus_attachments/$FILE/PricevTurner_Amicus.pdf
Their newer amicus brief filed into the US Supreme Court recently:
http://www.nacdl.org/public.nsf/newsissues/amicus_attachments/$FILE/Turner_Amicus.pdf
Snipets/links to all of NACDL’s current/recent briefs, fyi:
http://www.nacdl.org/public.nsf/newsissues/Amicus?opendocument
An amicus brief filed by The Constitution Project into this SCOTUS case:
http://www.constitutionproject.org/manage/file/476.pdf or
http://www.scotusblog.com/wp-content/uploads/2010/08/AmConstProj.10-10.pdf (~2.5mb)
One of the authorities cited in the original Petition for Writ of Certiorari, the Urban Institute’s report on child support arrears:
http://www.urban.org/publications/1001242.html (excerpt, with link for full report download in PDF)
The recent US Supreme Court’s interim/new Order, from the free version of Lexus-Nexus, i.e, http://LexisOne.com
2010 U.S. LEXIS 8485,*
Michael D. Turner, Petitioner v. Rebecca Price, et al.
No. 10-10.
SUPREME COURT OF THE UNITED STATES
2010 U.S. LEXIS 8485
November 1, 2010, Decided
PRIOR HISTORY: Price v. Turner, 387 S.C. 142, 691 S.E.2d 470, 2010 S.C. LEXIS 83 (S.C., 2010)
JUDGES: [*1] Roberts, Scalia, Kennedy, Thomas, Ginsburg, Breyer, Alito, Sotomayor, Kagan.
OPINION:
The motion of Larry E. Price, Sr. for leave to intervene is granted. The motion of respondents for leave to proceed in forma pauperis is granted. The petition for a writ of certiorari is granted. In addition to the question presented by the petition the parties is directed to brief and argue the following question: “Does the Court have jurisdiction to review the decision of the South Carolina Supreme Court?”
Related, I have provided this online Publix Law Schools legal learning center, free for everyone’s use and benefit:
http://unitedcivilrights.org/publixlaw.html
http://crispe.org/forum/index.php?topic=4310.0
Posted on November 8th, 2010 by Semper Fi
Filed under: children, Family, Family Court, Legislation, Title IV-D
I am a feminist and totally support debtor’s prison for only men. Men are lousy and don’t know how to satisfy women that a women could do herself. So lock the jerk up!
Too many broken homes and children without fathers because of this child support scam system. We need to go back to family values and end the child support abuse…
Heyy
Is it okay to lock up people. I am for locking up all the men and turning them into slaves. Debtors prisons are great and the crime will go down when we keep the men in jail and stop educating them. I am also in support of castration as well.
Hi
Is it OK that I go kinda off the subject? I’m laughing on how weak you men are. NOW will beat you guys with 1,000,000 Amicus Briefs and you will not submit even one because you men are weak and women will rule you weaklings sorry men that can’t even multitask. WE are using your taxes and child support to destroy you.
Thanks for the help I hope! Audrea x
Hey this post is a little good. I will submit an Amicus Brief.
Thanks.
I am very concerned and hopefully that the Supreme Court will over turn this illegal child support debtor class that is destroying the productive of America over the rights of lazy women that get pregnant so that they can get free money and housing at the expense of the pawn children and father that doesn’t make enough.
Can any NCP parent file an amicus brief in this case??? I’ve gone through 17 years of PURE hell in the Florida family court “system”, been jailed 10 times, released many times via habeas, 18 appeals (many of which I won WITHOUT the “luxury” of appointed counsel, against the state’s top prosecutors flown in from the capitol!). The system in Florida is nothing more than a debtor’s prison designed to suck $$$ from extended family members of NCP’s…period.
And to top it all off, our child’s mother, the “custodial” parent has enjoyed the “services” of the FL Dept of Revenue, their attorneys, and the courts to hide the whereabouts of my daughter. I’ve had no visitation in 8 years. I’m currently paying my support as ordered (thanks to food stamps) and am facing new contempt proceedings in December…just in time for Christmas.
Looks like I’ll be spending the holidays behind bars………again. Yay. JL
Hello
Is it ok that we all send in Amicus Briefs to show that we are a large group to contend with and let the Supreme Court that we are not going to tolerate Constitutional abuses such as the State forcing people (dads) to pay child support because mom has an easy out of the marriage because she is not happy. This system is costly and abusive to the taxpayer and society. Kids don’t grow right unless they have both parents in their lives. This is a sick failed experiment that has destroyed and weaken the American people.
To some of you men out there, I am sorry for your losses! However, I am a single mother raising one child at home while my ex-husband has the two oldest children in his custody! I was denied to have counsel appointed as I was indegent at the time and still am living from pay check to pay check! 6 years this past summer with no contact with my two oldest children thanks to Geauga County Courts here in Ohio not enforcing my parental rights for visitation! I pay child support and still get denied and told by the courts that if I bring my case back to court again I will be spending time in Jail! Well my two oldest children are now of age! Nothing can be done about my case now! However, this court no longer had jurisdiction over the custody issue just over issues with the divorce! My children became prior to my ex gaining custody the children’s home state was West Virginia after living there for a year and a half! There are alot of issues in the family court system going on! As for child support it is supposed to be for the children not the parent! I think everyone needs to get on the same page here and stop depriving the children who are the ones that deserve to be support by both parents and not just one! As for child support itself throwing the non-custodial parent in jail for non payment of their child support is actually a bad idea how is the non-custodial parent supposed to get a job when they are in jail or their drivers license are suspended etc. What do they all expect if the non-custodial parent is not given enough oppertunity to be able to obtain a job and pay their child support? I also was threatened with jail and license suspension because I was behind on my child support! It cannot be helped if there are not enough good paying jobs out there for a person and with the way that this economey is going it is going to get worse yet! The courts need not put a person behind bars because it will only cost the tax payers more money and the children will continue to suffer in the long run! There has to be a better alternative out there for these non-custodial parents to be able to have a better oppertunity to pay their child support! As for some of you other guys that are making your comments above I happen to take total offence to the comment made “destroying the productive of America over the rights of lazy women that get pregnant so that they can get free money and housing at the expense of the pawn children and father that doesn’t make enough” I was married and then divorced I am not any man’s personal baby maker so I can live for free off any man!! I do very well without a man and take care of my responsibilities like I should because I am a mature woman and don’t need any man to support me thank you very much!!!!!
The issues are Constitutional! Debtors prison was abolished and its illegal to enforce it! Credit Card legislation is being used to process Child Support! Transaction fees and Interest on Arrears has nothing to do with the “Child’s Best Interest” it is about profit for the state and creating jobs for women! Women are the majority in this employment arena! Child support arose out of a Civil Context( Divorce) and NO judge has the authority to Convert a Civil matter into a Criminal matter without due process of law! They do it with absolute power thinking they have Immunity and case law states that they do not! Incarceration without represenation is running rampant in this country! Further more they violate the 14th Amendment on a daily basis and yes it applies in the lower courts! Taxpayer dollars are wasted for housing non-violent offenders and NO mother should ever want the father to be in Jail! That is a very vindictive person that condones that type of behavior and the courts are more than willing to support it! There are all kind of various constitutional challenges involving these matters! This includes legislatures circumventing due process and enacting Bills of Attainder which are also forbidden in the Consitution. This is not a morality issue but a legal issue with those in power violating their Oaths to uphold the law! CHild support was intented for Welfare cases not high income cases! Yet, it is used improperly in this context! It results in inflated child support! You cannot enforce a law that you know is illegal and Justice is coming! Lawyers and Judges are part of the problem! Men have become a Cash Cow for Government! I could go on for days! These vindictive women and their lawyers will not get away with this forever ! False Allegations at some point will be a crime! Using domestic Violence laws to set up men will be investigated! Using CPS to set up Parents and Fathers will be investigated and lawsuits are being drafted as I write my opinion on these matters. JUSTICE IS COMING!
Please read this message
Posted by: “Tim Starkey” wendyboo92@yahoo.com wendyboo92
Wed Nov 10, 2010 5:50 pm (PST)
My case is exactly the same the judge actually stated he would refuse to appoint me a lawyer even though I am disabled and have no income he is ordering me to pay more in support for the child then I have comming in and the child isnt mine he refuses to chase after the bio father even though there is an order against him refuses to do a downward modification(due to my circumstances) (disabled and on SSI)refuses to give a change of venue even though the child and I no longer live in his jurisdiction and havent for over five years and even wrote in the paperwork he is going to remand that the jurisdiction never be changed and that is just for starters he claimed in an open court that he is god and when his court room doors are closed he is god and scripture and the constitution do not apply to his court and when I handed him his oath of office card which stated I David J Roman do here by swear to uphold the constitution of the USA during my term
in this court He had the balif beat me with his billy club and locked me in a suicide cell for 13 days and refused to allow me my meds as I am disabled and have several meds that I have been on since I was injured in 1992 The reason he(judge) gave my wife for my beating which she whitnessed was for being a smart ass for giving him ha copy of his OATH OF OFFICE CONFIRMATION which I did in a very manorly way I ask to approach the bench and he said ok so I walked up to the bench handed him the card and walked back to the desk and never said a word but he had me beaten just the same There is more if you care to know and I will call if you think it will do any good or you need more info.
God Bless
Tim Starkey
Not trying to insult you and you are right perhaps I have the perfect case but that statement by you and about $2.00 will get me just a cup of coffee. So far for 14 years all I have seen is the state of NJ reward this lowlife judge and his buddy abusing attorney and I have been bastardized in every way conceivable while I am slowly losing my life (I simply see and call it an attempt to murder me – but I have not gotten ever an ounce of help to recover or simply hug my now mentally abused child and my X laughs all the way to the bank all while she makes a salary of around $200,000/year and extorts from me.
It is not just about the men.
You women need to quit persecuting them.
And the government needs to quit persecuting ALL of you.
When any Non Custodial Parent loses, you all lose, but mainly the children lose.
I believe the USSC judges know full well what’s going on and what time it is, and will weasel out on this one ANY way they can.
Bottom line is, if Turner loses, more $$$ for system and the jailer man complex.
If he wins, more $$$ for lawyers.
Just what we need is more do nothing public pretenders, 99.99% just throw their clients under the bus anyway.
I see no benefit whatsoever for kids being hoarded by wacked out, control freak, “custodial” parents. (like the fine, vibrator totin’ pro-castration ladies above)
Just look at America’s kids that the current family law system produces, tattooed, pierced, suicidal….and doped up…Is the underlying intent to have America become a nation of sex, drug and rapper, cell phone thumbing twits or what???…That’s what we’re getting with the “Mother knows best” direction we’ve been going in for the past 25 years….Police in bullet-proof vests with automatic weapons at every school (even elementary)…WONDERFUL!
If a “custodial” parent denies the other parent even a day with the child then 50/50 custody and ZERO support should be mandatory.
…Wonder how the father hatin’, “castrate and lock em all up” ladies would get by on that.
A must see video for NCP’s:
http://www.youtube.com/watch?v=m6olR6uTVf4
its the man hating women who are scorned that dont care about anything but locking the man up! the law should be that the women that get the suport show,every dime where the hell it goes,alot of these ”mothers” dont even use it on the kids,alot of these man hating women should be the pigs locked up!
it is about time. Time to end this nonsense.
Still cant believe it has gone on this long in this country. Ofcourse our lousy media has been of no help.
BTW ALL.. Here is another way of going after this unconstitutional law…
[url]http://www.allarticles.net/16-Legal/43651-Brief_on_Jailing_Child_Support_Debtors_in_Unconstitutional_Debtor_Prisons.htm[/url]
This HAS to be pressed forward. More importantly it must be shown as to why the current system is a massive failure and a huge burden to us all. That way the media will have to start doings it’s job of reporting on this.
How do I become a part of this ? Where can I find the help I need drafting an Amicus. I too have been through all that the above have described and more. In 2008 I was actually found guilty of felony non-support and served State time. I was one of those that had a do nothing PD and a judge who disallowed opportunity and evidence as to why as was unable to comply with my orders for support. I have since aged out of the Family Court but with the economy as it is I am still without the ability to comply with Orders of support on my arrears and being threatened with re-incarceration.
Torm,
We need info on how and when to get leave to file amicus in Turner case. Is time up or what??? I was forced to attend 150 court dates in a three year span so the revenuers could get their block grant $$$. I want some JUSTICE!….Please provide info asap.
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