Recent Trips Abroad - Domesic Violence Prevention

In some recent travels, the cultural perceptions of both Americans and attitudes toward or about Domestic Violence began to emerge into trends. First, and not the least bit surprising, is that Americans are quite disfavored among most of the world. Generally, our Nation is seen by foreigners as self-serving, over-indulgent, arrogant and full of people with a misguided sense of entitlement. Of course, since that perception is fairly accurate when it comes to our Nation as a whole - and particularly those under the age of 30 - there is not much to be said about it. Foreign Governments, on the other hand, still welcome Americans by the droves - or at least our dollars (even as devalued as they have recently become). As you can see by the photo, this is not your average "public" place and was enjoyed at the invitation by one of import - as well as attending, and being invited as the key-note speaker, at a regional international symposium on Domestic Violence Prevention.

The issue of Domestic Violence Prevention simply must stay in the forefront of our minds. Here, in the United States, Domestic Violence has reached a pandemic level. Yet, our government continues to ignore it because to do something meaningful about it does not bring about social change fast enough for one to take political credit. Indeed, sponsoring a State Bill that would cost significant tax dollars leaves a Senator or Representative politically vulnerable at the next election. An opponent can spin the topic: "Senator X voted to spend $X,XXX,XXX.xx on this program ... WHERE ARE THE RESULTS FOR ALL YOUR MONEY?" Of course, meaningful programs will take a generation to ripen and bear social fruit. So, politicians continue to side-step the issue while America's children remain unprotected and, in many cases, are quickly converted to either predators or victims by the abuse itself.

HARD WORK - Family Values in Different Cultures

Now *THIS* is "hard work" ... but someone has to be a skilled diver!! After all ... "FREEDOM ISN'T FREE!" Outside the US things are *VERY* different - airport security in some small countries is, virtually, non-existent. You can also see my article below where I talk about Grand Parental rights and begin go get a feel for how other cultures have a completely different perception on what is right or wrong with respect to family values and, more importantly, how the governing law should reflect the family values of their culture. We must ask ourselves, do our current family laws in Oklahoma accurately reflect the social value system of family values that is maintained by the average citizen? Do we have special interest groups making (or trying to make) laws that deviate from the majority core values held by Oklahomans at large? These questions must addressed head on for Oklahoma to continue healthy growth. Economic policies are important, but if we are not accurately legslislatively addressing the needs of the next generation where are we really going economically?

Grand Parental Rights

Here is a new spin on our traditional thoughts of "Grand Parental Rights!" In the United States, and particularly in Oklahoma, Grand Parental rights has been the focus of much legislation. Essentially, attempts to legislate into a gap where in the more commonly non-traidtional home grand parents are not alienated from their biological grand children by a former daughter-in-law or son-in-law with custody who is resistent to allow, as primary custodial parent, their children to visit with the "other side" of the family.

However, today I am in a country where the law permits grand parents to sue for support from their family. Yes, that's right ... grand parents have the right to LEGALLY COMPEL their grand children to permit the grand parent to live with the grand child and to LEGALLY COMPEL the grand children to take care of a sick or elderly grand parent. This is a culture in which the nuclear family is so important, yet being westernized by the day, so that the legal powers to be have cemented their heritage by law.

Quite an interesting twist on the United States thought of "grand parental" rights. Think about it, in the United States we usually just put our elderly in an "Old person warehouse" ... a nursing home ... where they can live out their lives with little quality, but with equally little inconvenience on our own lives.

Who is missing the issue? If we "had" to take care of our own biological foreparents we might actually save enough federal funding so that our own grandchildren would be able to pay off Bush's war ... as opposed to our great, great grandchildren! Interesting cultural twist on the same term "grand parental rights!"

Reaction to House Bill 1026 Statutory Divorce Requirements

WOW! I was just informed of some of the comments posted by people regarding the Article published in The Oklahoman on March 22, 2008. I'm so flattered that I wanted to share them with you.
______________________________________
Judge Chionopoulos shares much wisdom in the article. We have many great jurists here in Oklahoma and Judge Chionopoulos was one of best.

Laure, Oklahoma City - Apr 3, 2008 8:45 AM
_________________________________________________________
This well written article makes a lot of sense and provides clarity to the otherwise confusing message of HB 1026. I agree there needs to be counselling and serious attempts at keeping a marriage intact but eliminating incompatibility and other reasons for divorce is not the answer to having a long term marriage. In today's society of accepting a woman's "right" to have unwed births as the norm then perhaps we need to start there in the law to preserve the sanctity of marriage? And as for reasons for divorce and what marriages should strive to be, as in life long commitments, then perhaps we need to be stating terms from the bible, where it is addressed in specific terms and not a House Bill trying to reduce divorce statistics? I appreciate Judge Chionopoulos' insight and writing style, and wish he were still on the bench here.

E, Newcastle - Mar 25, 2008 11:37 AM
___________________________________
I am very impressed with Mr. Chionopoulos' summary of divorce information. I am an advocate for marriage but even a stronger advocate for marriage education. Oklahoma offers a multitude of opportunities for free and convenient relationship and marriage education. I appreciate Mr. Chionopoulos' information and enjoyed his perspective on HB 1026.

Anna, Oklahoma City - Mar 25, 2008 8:40 AM
___________________________________
I wholly agree with Judge Chionopoulos' opinion that incompatibility should be retained as a ground for divorce in Oklahoma. Although it is easy to point to lower divorce rates in fault-based states like New York and thus conclude it must be because of the absence of incompatibility as a ground for divorce, that conclusion does not hold water. Too many socioeconomic factors come into play to draw such a simple conclusion. One such factor could be that the medium age for first marriages of men and women in New York is about five years greater than in Oklahoma. The 2005 Census records medium ages for first time marriages of men/women respectively as New York 29.3/27.3 verses Oklahoma’s 25.6/23.5. As Judge Chionopoulos states, requiring one person to blame the other for a divorce to go forward sets a bitter tone from the outset that permeates the proceedings and serves only to line the divorce lawyers' pockets. The focus should be on "think before you act" both before one marries and again before one decides to divorce. If the State is to act at all in this area it should be to provide counseling and other assistance during these times rather than creating and/or escalating animosity between the parties at the outset a divorce.

Cathy, Oklahoma City - Mar 25, 2008 8:23 AM
____________________________________
This is not so much about Judge Chionopoulos, although many, many people realized in hind-sight that they were very, very wrong for rushing to judgment (especially as lawyers and judges) and some have even said so, as much as it is about the topic of whether incompatability should be excluded as a statutory ground for divorce. I do a lot of divorce work and I agree with the Honorable Judge Chionopoulos; eliminating incompatability from the grounds permitting divorce would only add more emotion and bitterness to already volitile situation. Without being able to plead what amounts to "no-fault", one person or the other will have to "prove" that the opposing party actually did one of the remaining 11 grounds. It is nonsense for the Oklahoma Legislature to believe that they can "force people to stay married!" Oh, by the way, we probably should not talk about all of the shining examples of marital fidelity in our State Capitol as examples!!! Judge Chionopoulos is right, making it more difficult to get married and enacting legislation that forces good initial decision-making and personal/moral accountability is more solid policy making then making it difficult, more costly and more traumatic for the children. My personal opinion about Judge Chionopoulos notwithstanding, I must agree with the comments below - he is, indeed, a brilliant jurist. Perhaps he should be in the Oklahoma Legislature setting policy? He seems to at least understand it, which is apparently more than can be said for those who would pass laws without having a grasp on how they impact the "average person."

SH, Oklahoma City - Mar 24, 2008 9:51 PM
____________________________________
PS - I saw the allegations in The Oklahoman, but did The Oklahoman ever even tell a follow up story as to the investigation outcomes on Judge Chionopoulos? If so, I missed it.

Kersten, Norman - Mar 24, 2008 6:07 PM
____________________________________
WOW! Much activity on Monday from a Saturday article. I did read it - and I have appeared in front of Judge Chionopoulos. It is true, as they have already said, he is a brilliant jurist. So, it is really no surprise that he is keeping up with Oklahoma Domestic law and still trying to have a positive impact on Oklahoma families. While we Cleveland County lawyers tend to stay out of Oklahoma County politics, it was apparent to everyone in Oklahoma that Judge Chionopoulos was not treated fairly. Judge Chionopoulos was denied the basic "due process of law" that, as a Judge, he was required to maintain for everyone else. This article shows me two things: 1) The man is truely a legal scholar far beyond most of those who don a robe; 2) Even after the gross injustice with which he was treated, he cares enough to try and make a positive difference in the lives of Oklahomans. I commend him for being so selfless. With the Presidential elections coming we hear "Its about the Economy, STUPID!" As for Oklahoma jurisprudence, regardless of what county, I would like to say in domestic law "Its about the children, STUPID!" That seems to me to be what Judge Chionopoulos cares most about even now. He should be given an apology and an award. I don't know him, where he is, or what he is or was but I do know he cared about the children in the cases I had and evidently, even after the unjust and shameful manner in which he was treated, he evidently still cares about the children. Good for him and Thank You, Judge Chionopoulos, where ever you are at this point.

Kersten, Norman - Mar 24, 2008 6:06 PM
___________________________________
This is an example of "good-common-sense" (something we, as Oklahomans, like to pride ourselves in having) that proves Judge Chionopoulos should be on the Oklahoma Supreme Court. I appeared in front of him. As this article demonstrates, he knew the rules and could see the "big picture" of how those rules would have real impact on real lives. Now, rather than having one of the most brillian jurists on the bench, the man who appeared on television as the attorney for his accusers is on the bench. How much and what has he published? Wow! The article specifically did not say where Judge Chionopoulos is now or what he is doing. Judge Chionopoulos, if you read these comments please know that your knowledge is sorely missed from the bench. Your acceptional knowledge of both evidence and procedure actually made "justice" more than a mere word.

Julie, Oklahoma City - Mar 24, 2008 3:59 PM
____________________________________
As an attorney who has advised divorce clients, I agree that HB 1026 is a train wreck in disguise. Lt Col (Ret) Chionopoulos has written a most articulate and helpful article that will hopefully open the eyes of the Oklahoma legislature and citizenry. This poignant article is indicative of Judge Chionopoulos’ common sense and statute-driven approach to the judiciary. What a loss to Oklahoma! Oklahoma "Good Ole Boy" politics drove out one of the most honest, professional, hard-working jurists to have graced the Bench!

Concerned, Oklahoma City - Mar 24, 2008 2:28 PM
_____________________________________
Judge Chionopoulos makes an excelent point - divorcing people have enough opportunity to say ugly things about each other. Why structure the legal system so that the ugliness is institutionally required? I always believed, no offense to the other judges there, that he was the most significant legal scholar on that floor. It is truely a loss to Oklahoma that he was victimized. I understand that two investigations revealed no evidence of wrong-doing, yet we lost the Judge that was most aggressively collecting child support. At the same time, the man who appeared on television for the accusers is now a judge. Things that make you go "Hmmmmmm?"

George, Oklahoma City - Mar 24, 2008 1:06 PM
______________________________________
Mr. Chionopoulos has a good point about educating people before they get married, but doesn't this bill seem like a drive to make every marriage in Oklahoma one of Keating's cherished 'covenant' marriages?

Concerned, Central Oklahoma - Mar 24, 2008 12:22 PM

Oklahoma House Bill 1026 - Family Law

The Daily Oklahoman published my article on March 22, 2008 regarding Oklahoma House Bill 1026. There is an electronic link on the left side of this page so that you can view the article (on the left side of this page under "The Oklahoman" heading, it is the article on "Statutory Divorce Grounds"). Please feel free to leave your comments with The Oklahoman. The HB, as proposed, could impact a significant number of Oklahomans. If you feel strongly enough about the issues raised, you should contact your Oklahoma Representative or Oklahoma Senator.

CHIME- China India and the Middle East

The News Press, in Fort Myers, printed an article that I wrote on China, India and the Middle East. The article focuses on the economic possibilities that exist between those, and perhaps other, countries. Ultimately, if the United States fails to pay close attention to world economic strategies we could find ourselves paying $5.00/gallon at the pump. As it stands now the price of oil is settled at the highest in history. What are we doing to lower the price and/or develop alternative fuel sources? What should we be doing to lower the price and/or develop alternative fuel sources? Obviously, our foreign policy has much to do with the current price-per-barrel. Moreover, the new administration - democratic or republican - will need to deal with foreign policy from a fresh perspective. Please comment with your thoughts and ideas ... please read the article, there is a link on the left if you are so inclined ... if you read the article, feel free to comment as provided by the News Press ... and please feel free to comment here and send me thoughts for other articles that you would like to see. Thank you!

Injustice of Justice - Spiritual vignette

The toughest part about being a "fighter" is knowing when *NOT* to fight! So, as a fighter (with a name like Chionopoulos, I *had* to be tough), faith becomes the most important weapon. This is being discussed in "The Injustice of Justice" - which is a book and a work in progress.

Commit your way to the LORD; trust in him and he will do this: 6 He will make your righteousness shine like the dawn, the justice of your cause like the noonday sun. 7 Be still before the LORD and wait patiently for him; do not fret when men succeed in their ways, when they carry out their wicked schemes. 8 Refrain from anger and turn from wrath; do not fret—it leads only to evil. 9 For evil men will be cut off, but those who hope in the LORD will inherit the land (emphasis added). Psalm 37

Perhaps we can all learn something from this - the wicked and the righteous alike!

Ocean Training!

Ocean training is some of the most interesting training in the world. Of course, temperature is always an issue. The human body, on average, looses heat 25 times faster in water than in air .... brrrrh! So, it all depends on where you train. Here are a couple of playful pictures ... once the real work was done. Taking off my mask and regulator at 60' was fun ... the nearby barracuda (not pictured here), not so much fun. Can you tell by the reef where this was taken? Hint ... not in the US! Who knows where I'll be next! Life is an adventure ... live, laugh, swim, bike, run and have fun! Life is just too short to let the little things stop you from getting all you want out of it!!

Divorce and The First Amendment

I am pleased to announce that The News Press published my article - a link to it can be found on the left hand side of this page - regarding divorce and the First Amendment. Domestic Judges have a tough job. They constantly seek to balance time honored, sacred constitutional rights against the best interest of children. We should all thank them for their service.

New Articles

The Fort Myers Press has reviewed two of my articles... one on constitutional law and divorce and one on CHIME -China, India and the Middle East and has decided to publish both of them in the future. I will let you, those who are interested, know when they will be published and I will do my best to create a blog discussion regarding the issues. I will look forward to your comments and critiques. Thank you.

COMING SOON - An Article on CHIME

What is CHIME? It is an acronym for China-India-Middle-East. Essentially, some think that China is trying to re-weave the "silk road" along which goods flowed in the 13th Century. The article will discuss potential socio-economics of such a policy/plan. It has been accepted for publication and, once published, a link will be posted here.

The Injustice of Justice - Opening

Now, in consideration of this new project, the opening should go something like:

First, I would like to thank all of those who supported me.
There are too few to name. Second, this story is NOT based
upon the truth. Indeed, great literary care has been taken
to avoid shocking the moral conscience of the reader by telling the truth, the whole truth and nothing but the truth, so help me God.

I have completed most of the initial character development and a couple of chapters. There are also several publishers already interested in the story! I may show a few "teasers" here as this project develops!

Happy New Year!

Happy New Year to all! I hope the New Year brings to each person (yes, I really mean "everyone") good health and unprecedented prosperity!

The unscientific and imperfect survey taken on this page regarding interest in reading a book on the Injustice of Justice revealed that 88% of those who responded were interested in reading it. Thus, it is now a "work in progress."

Distribution of Military Retirement in Divorce

This is one of the least understood and commonly misapplied areas of family law - by lawyers and Judges alike. There seems to be this common misperception that if a non-military spouse is married to the military member for less than 10 years of his/her career then the non-military spouse is entitled to no portion of the military retirement. I have also heard the converse zelously asserted. NEITHER IS TRUE!! 10 USC 1408 made clear that it was leaving the question of whether or not "disposable retired pay" is divisible as a marital asset to each state! Oklahoma has published several opinions- at least one from the Oklahoma Supreme Court and several from the OK CIV APP regarding this issue - and the sub-issue of what to do when some or all of the military member's pay has been converted to VA disability benefits.

I will soon be submitted an article explaining these points of law to the OBJ. In the meantime, please feel free to comment with your thougts and whether or not you think such an article would be helpful. Thank you.

Divorce and the Constitution

Often times, the staples of law are overlooked in domestic court. As a former domestic judge, I know that sometimes, although unintentional, in an effort to reach a practical, amicable and uncomplicated result, United States Constitutional issues can be overlooked. Indeed, such issues are often so mired in the myriad of acromonious issues, vitriolic conduct of the parties and concerns for the interests of any involved children that they are difficult to spot. Many citizens do not fully appreciate the glorious constitutional rights bestowed upon each of us individually. Moreover, many lawyers do not fully understand, or do not bother to think about, them. Worse yet, even judges fail to recognize constitutional issues mired in the myriad of acrimonious positions asserted before them.

First, a little history is in order. The First Amendment is part of "The Bill of Rights" (the first Ten Amendments collectively constitute The Bill of Rights), which was passed in 1891. The First Amendment states, in its entirety:

Congress shall make no law respecting an establishment of religion, or
prohibiting the free exercise thereof; or abridging the freedom of speech, or of
the press; or the right of the people peaceably to assemble, and to petition the
Government for a redress of grievances.

While many legal issues have arisen under the First Amendment, this article is going to focus on the right to free association and will be discussed in the context of family law. So, you are asking: “I just read the First Amendment. Where does it say I have a right to freely associate with others?” (This is a real question, which was actually asked by a real lawyer!). The United States Supreme Court has held “The First Amendment … restricts the ability of the State to impose liability on an individual solely because of his association with another” (N.A.A.C.P. v. Claiborne Hardware Company, 458 US 886, 919, 102 S.Ct. 3409 (US 1982)). “Thus, the First Amendment protects freedom of association because it makes the right to express one’s views meaningful” (Minnesota State Board for Community Colleges v. Knight, 465 US 271, 308, 104 S.Ct. 1058, 1070 (US 1984).

There are, of course, limitations on one’s First Amendment right to freedom of association (see Roberts v. United States Jaycees, 468 US 609, 104 S.Ct. 3244, 3260 (US 1984)) that held infringements on freedom of association “may be justified by regulations adopted to serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms”). For instance, if one could show that the opposing parents' significant other was a danger to the children, i.e. a convicted sex offender, habitual drug user, physically abused the children etc., then "the best interest of the child(ren)" would override any First Amendment privilege the parent may have in hosting his/her significant other while the children are present.

So, given the law enumerated above, is it correct for a nisi prius domestic court to enter a "be good" order requiring that neither parent have an overnight visitor with whom he/she is involved spend the night while in posessions or custody of the children - without a showing that the 3rd party is a danger to the child(ren)? Does it make a difference if the nisi prius order is enterered on a temporary basis pending divorce or in a final decree/post decree modification? Please comment!

Comment on Articles

As you can see, a list of articles I have written is down the left hand side of this page. If you have any comments on the most recent article, published in the News Press, please feel free to share those comments by commenting on this post. I will hope to hear from you. THANK YOU!

Collaborative Divorce Process

There is a new movement afoot in divorce law. As everyone knows, divorce is costly - both economically and emotionally. One alternative approach that seems to be taking hold around the country is the "Collaborative Process." Essentially, both parties have lawyers (but not always). They enter into a contract, one clause of which requires that each party agrees not to file suit (a divorce) unless or until the process fails. The approach includes, depending on the parties, mental health professionals and a neutral party, arbitrator most times and can even include clergy, again depending on the parties' preference. The basic idea is to be parsimonious rather than acrimonious. The goal(s) of the process is tailor made for the parties involved.

Of those who voted on this page, 2/3 stated they would engage in the Collaborative Divorce Process. This is a significant number. While the CDP is not about to antiquate traditional divorce trial lawyers, hopefully it will help insulate some children from the maladies born of matrimonial acrimony.

Open Ocean Triathlon

Well ... I participated in my first "open ocean" triathlon. Unlike pool swims, or even lake swims, the open ocean is much more challenging and much more fun! The weather was perfect, the water beautiful and my time SLOW! I need to get back in shape ... as you can see by the photo on the left part of the page where I am gasping for air after climbing a hill. Remember, training the mind means also training the body!

Iranian President -Amadnejad

WOW - an amazing 78% of those who voted on this page said that The Iranian President speaking at Columbia University was "free speech" and supported it! Of course, 22% of those who responded said that it was an inappropriate forum. It seems that even when people are saying things with which we disagree, Americans still favor the right of that person to say it! An overwhelming majority seems to still believe in the basic constitutional rights of our representative democracy!

Andrew Meyer, Florida Student, "tased" - necessary or excessive force? By Michael E. Chionopoulos

The main video, and some alternative videos of Andrew Meyer being tased at the University of Florida can be found at http://www.youtube.com/watch?v=mJbh2MlNHug&mode=related&search There was an in depth discussion of the issues involved here on this page. Moreover, you were asked to vote. 87% of those that voted stated that the University Police used "necessary", as opposed to excessive, force! While it is true that immediately following the incident some media sensationalists made ludicrious statements comparing the University Police actions to the human rights violation of Sadaam Hussain's reighn of terror, once people had the "facts" (and not media, objective-driven, spin) 87% determined for themselves that the force used was reasonable and necessary.

WELCOME HOME 1-180th INFANTRY

The 1-180 Infantry Battalion, Oklahoma Army National Guard, is returning from Afghanistan. These men and women are indeed some of the most special people in the entire world - I know this because I had the honor of serving in that Battalion as a young Captain. Currently lead by Lieutenant Colonel Bobby Yandell, the Battalion is returning from a "combat tour." For most of the soldiers it is their 2nd or 3rd tour in the Middle East within the last few years.

Starting in June 2002, the Battalion trained for a "Peace Keeping" mission in Egypt. From January 2003-July 2004, lead by now Colonel Kevin McNeely, the Battalion flexed American military muscle between the border of Egypt and Israel - maintaining a delicate peace agreement between the two nations governing rules within the Sinai desert. Some soldiers of the Battalion went with other units to Iraq; the entire Battalion went to Afghanistan with the 45th Separate Infantry Brigade; and then was tasked to go right back as a Battalion.

The sacrifices made by these men and women and their family members is so under appreciated - not for want of thankfulness, but for want of understanding with regard to the training, family hardships, professional (civilian career) hardships and employer hardships necessary to make these deployments successful.

TRUE PATRIOTS - these men and women deserve our most deep respect. Unlike an "active duty" soldier, there is no retirement rainbow at 40 or so years old. Rather, many of these men and women will serve more than 25 years and still not collect a penny of retirement if and until they live to 60 years of age. They get no health care benefits once released from their deployment; no re-employment assistance (accept the ability to hire a lawyer on their own dime if an employer violates USERRA); no mental health screening before discharge; and about 1/2 of the retirement at 60 that an active duty soldier gets 20 years earlier. These men and women do not do what they do for money - they do it for love of nation and love of freedom and they do not complain. Rather, they embrace the opportunity to serve. So the next time you see one of them ... or any soldier, sailor, airmen or marine ... say "THANK YOU!"

As we continue to go to the mall and the movies and on vacation, it is difficult to remember that the sons and daughters of America remain quietly in harm's way. Please try to remember to thank them for their sacrifices - even if you do not agree with the war. What is the saying? "Hate the game, not the player!"

Domestic Violence Survey - Michael E. Chionopoulos

I am moving sites ... from http://www.okiejudge.blogspot.com/ to this new site. Of course, you can still visit the old site with the link provided here. At least for now, I will leave the domestic violence survey on the old site.

I also intend to start a new survey on this site, with some refinement due to my learning experience in phrasing questions from the first research. This will be an ongoing project, from which I hope to obtain data that will allow me to write work(s) that will draw attention to the growing problem of domestic violence and, hopefully, will cause new resources and inovative interventions to be created for victims.