Sunday, August 30, 2009
What you did not see!
Wednesday, July 15, 2009
WHERE IS OUR CONSTITUTION?
We blindly trusted the Bush administration to do "what needed to be done" in order to fight terrorism. We largely ignored, by failing to ask the hard questions, any constitutional usurpation. Now, only in the light of something that matters to us - loss of economic prosperity - have we begun to wipe the sleep from our eyes. Yes, that's right, until we were hit in the pocketbook we weren't paying attention. Are we going to remain asleep during another administration?
Is the "bail out" constitutional? Does the United States Constitution, Article 1, Section 8 prohibit the bail out? Hmm ... Congress may tax and spend for three things. Is the bail out among those things for which Congress may tax and spend?
What about the United States now being the majority owner of significant industry? Essentially we have turned private industry into public industry. Not only does the United States now have a significant financial stake in what was once private industry, but the United States has unprecedented power to make decisions regarding those industries. Wow ... does this seem like a "free market economy" to you?
Articles regarding these subjects and more will be forth coming. Please feel free to email me at profesc.research@gmail.com and let me know the particular topics that interest you.
Friday, March 20, 2009
Emergency, Temporary Change of Custody - Standards and Quantums of Evidence
Hmmm ... what is a "quantum of evidence?" That is more familiar as: 1) Beyond a reasonable doubt; 2) Clear and convincing evidence; or 3) Preponderance of the evidence. The function of a standard of proof, as that concept is embodied in the Due Process Clause and in the realm of fact finding, is to instruct the fact finder concerning the degree of confidence our society thinks he should have in the correctness of factual conclusions for a particular type of adjudication. The standard serves to allocate the risk of error between the litigants and to indicate the relative importance attached to the ultimate decision (Addington v. Texas, 441 U.S. 418, 423, 99 S.Ct. 1804, 1808 [U.S.Tex.,1979]; See also In re Winship, 397 U.S. 358, 370, 90 S.Ct. 1068, 1076, 25 L.Ed.2d 368 [1970] [Harlan, J., concurring]).
Obviously, the non-moveant is most protected if the moving party has the burden of proving their case by the first quantum - beyond a reasonable doubt. That standard applies to the guilt or innocence of a criminal defendant (Hogan v. State, 139 P.3d 907, 923 [Okla.Crim.App.,2006]). The clear-and-convincing standard is employed in civil cases involving allegations of fraud or some other quasi-criminal wrongdoing by the defendant. The interest at stake in those cases is deemed to be more substantial than mere loss of money and some jurisdictions reduce the risk to the defendant of having his reputation tarnished erroneously by increasing the plaintiff's burden of proof (Johnson v. Board of Governors of Registered Dentists of State of Okl., 913 P.2d 1339, 1345 [Okl.,1996]). The parties equally share the risk with the third quantum - preponderance of the evidence (Id.). What quantum of evidence was applied in the K-9 fecal case? We do not, and will never, know. It was not specifically enumerated on the record and current law establishes no specific quantum as applied to emergency, temporary change of custody actions.
It seems that the problem, when one understands the purposes intended to be served by enumerated legal standard and quantum of evidence, suggests the answer. The more general standard of "best interest of the child", should be applied to ordinary change of custody motions (assuming the Gibbons standard of permanent, substantial, material change of condition(s) have been met). Emergency, temporary change of custody motions, however, imply by their very nature that a temporary change is in the best interest of the child(ren). Thus, a good standard and quantum for emergency, temporary change of custody could be:
"Actual physical or psychological harm to a parent or child proven by preponderance of the evidence" or "A credible threat of physical or psychological harm to a parent or child proven by clear and convincing evidence."
First, one need not - and would not likely be able to - prove actual, or a credible threat of physical or psychological harm beyond a reasonable doubt. Setting such a high quantum would result in many children remaining in harm's way while investigations are conducted. During the conduct of investigations, at-risk children could be permanently harmed. Thus, beyond a reasonable doubt is not an appropriate standard for an emergency, temporary change of custody. Since a "threat of harm" is less concrete than "actual" harm, the quantum of "clear and convincing" is most appropriate. This standard liens toward protecting the party from whom custody is potentially being removed - a change of custody is more than the loss of mere money and could potentially harm the non-moveant's reputation. Proving actual harm is a bit easier, i.e. bruising, police reports, expert testimony etc. When dealing with actual, physical harm all the evidence is in plain view and the parties should equally bare the risk of error. Thus, the lesser standard of preponderance of the evidence is most appropriate.
A legal standard determines the substance sought (i.e. gold), while the quantum of evidence determines the size of screens built into the legal sifter. The suggested standard would permit lawyers to accurately assay their clients' circumstances and determine when an actual "emergency" exists. It would also permit Judges, especially when an ex parte motion requires temporary deprivation of substantive and procedural due process, to provide more consistent and well reasoned results until all parties can have "their day in court."
The question of appropriate legal standard and applicable quantum of evidence is clearly a question capable of repetition while evading review. Hopefully, even if the pending writ is mooted by litigant conduct, the S.Ct. will answer the question. Enumerating a legal standard and quantum of evidence for emergency, temporary change of custody will result in consistency of decisions and, thus, will decrease acrimonious and costly litigation. The best interests of Oklahoma children will be best served by an established standard/quantum applied in an even-handed manner.
Saturday, February 28, 2009
Oklahoma Judge Richard Kirby Overturned - but Two had already Suffered Unconsitutional Jail Sentences at the hands of his honor
Wednesday, February 25, 2009
Santa Clause, The Easter Bunny The Tooth Fairy and Divorce
Amicable divorce is much like Santa Clause, the Easter Bunny and the Tooth Fairy – we all know they are fantasies, but we intently want to believe each of their surreal images and the concomitant message of perennial hope. Awaking with a licentious hang-over throbbing in one’s libido only to discover his/her matrimonial bonds were formed with defective emotional epoxy is a traumatic event – particularly when there are minor children involved. Nonetheless, most couples embark upon the task of seeking the ever elusive amicable divorce.
With the betrothed now having become the begrudged, the best of parsimonious intentions turn into acrimonious conduct with each party seeking legal validation of their emotional positions. Parties often seek a post-connubial order visiting maximum legal malevolence upon the other. This is especially true if one of the parties had entertained the company of an extra-nuptial paramour. The spurned spouse will often request a “be good” order seeking to preclude the other spouse from having the former paramour spend the night during visitation or shared custody with the parties’ children. In a temporary order, such a condition seems harmless enough. However, a constitutional issue arises when a decree or post-decree order contains “be good” language.
Freedom of association must be free from obstruction by state government.[1] Parents’ rights to exercise control over their childrens’ upbringing, education and other aspects, has long been held to be constitutionally protected.[2] Moreover, when a State seeks to inquire about an individual's associations, a heavy burden lies upon it to show that the inquiry is necessary to protect a legitimate state interest.[3] The test for sticking a governmental nose into parents’ rights to determine who may see their children is two pronged: What will serve the best interests of the child; weighed against what harm will come to the child without state meddling.[4] State invasion into parents’ rights to determine those with whom their children may have contact is a serious constitutional digression.[5]
Florida’s public policy is to assure a minor child frequent and continuing contact with both parents after marriage has been dissolved.[6] That being true, absent a showing that the parent’s new significant other presents a danger to the child, any state interference with who the parent permits his/her children to interact with is simply unconstitutional. If, on the other hand, the parents’ agree that neither will have a visitor of the opposite sex spend the night when they have the children, having that put into a court order would not necessarily be unconstitutional. However, if one parent subsequently fails to abide by that agreed order, can one be held in contempt?
There are no cases directly on point, but there are at least two ways to assay that conundrum: A traditional contractual analysis, i.e. offer, acceptance and consideration. Even under a contract analysis, it is non sequitur that a court could enforce a contract with the semi-criminal procedure of in-direct contempt. The second manner in which to analyze the issue is one of simply enforcing a court order. Much like the first analysis, it seems non sequitur that a court could punish with a quasi-criminal action that which it lacked constitutional authority to order in the first place.
Ultimately, the argument that it is immoral – and therefore not in the best interest of the child and, in fact damaging to the child – to expose the parties’ child(ren) to a live-in or overnight paramour during visitation does not pass constitutional muster. Of course, Florida has a legitimate and compelling interest in protecting children. However, absent specific justification, that line is crossed when a court projects its glomming governmental fingers into the parents’ constitutional pie. No matter how morally repugnant each of us or the court may find the fact that children are exposed to a parent with a live-in, unmarried significant other, absent a specific showing of detriment to the child(ren)’s interests, the courts may not superimpose their morality over the law. Indeed, such judicial activism will not find repose in the cool shade of our constitutionally rooted tree.
[1] Santa Fe Indep. Sch. Dist. v. Doe, 530 U.S. 290, 301 (U.S. 2000).
[2] Pierce v. Soc'y of Sisters, 268 U.S. 510, 534 (U.S. 1925)
[3] Baird v. State Bar of Ariz., 401 U.S. 1, 6-7 (U.S. 1971).
[4] Clearly, this Court has consistently held all statutes that have attempted to compel visitation or custody with a grandparent based solely on the best interest of the child standard, without the required showing of harm to the child, to be unconstitutional. We agree with the district court below and likewise hold that section 61.13(2)(b)2.c. of the Florida Statutes is unconstitutional as violative of Florida's right of privacy because it fails to require a showing of harm to the child prior to compelling and forcing the invasion of grandparent visitation into the parental privacy rights. Section 61.13(2)(b)2.c. provides that a court "may award the grandparents visitation rights with a minor child if it is in the child's best interest."§ 61.13(2)(b)2.c., Fla. Stat. (2001). This provision does not require a showing of the essential element of harm to the child should visitation with a grandparent be denied (Sullivan v. Sapp, 866 So. 2d 28, 37-38 [Fla. 2004]).
[5] Id.
[6] Schutz v. Schutz, 581 So. 2d 1290, 1293 (Fla. 1991)
Wednesday, January 28, 2009
Contact Author
Monday, December 22, 2008
OKLAHOMA CITY UNIVERSITY SCHOOL OF LAW DEAN ACCUSED OF SEXUAL DISCRIMINATION
Nothing from my "Law School" surprises me. In particular, any allegation regarding Dean Hellman would be unsurprising to me. My personal experiences with him as an Alumni left me to seriously question whether he has any objective sense of "fairness." Of course, that does not mean he is wrong or guilty in the instance of Professor Johnson - that is a factual finding left for the Federal Court to determine. If Dean Hellman is guilty of sexual discrimination, I hope the Federal Court holds him accountable to the full extent of its power. Dean Hellman should be sent the clear message that he should treat all people with equal dignity and respect - even if he is not guilty of sexual discrimination.
Monday, December 15, 2008
Florida's 11th Circuit - Miami/Dade - Rules Law prohibiting Gay adoption is unconsitutional
There can be no doubt that this decision will be appealed by the State (Ex rel Department of Families and Children - or DCF). Of course, it doesn't really matter which way the appellate court rules because that decision will undoubetly set in motion a long series of appeals likely to end up in the United States Supreme Court - or, at the very least, an application for certiorari (review) will ultimately be filed asking the US Supreme Court to review the most recent appellate decision.
The most likely, but not the only, route for appeal will be to exhaust all state courts of appeals and then proceed on the Federal side. The fact that the trial judge ruled, at least in part, based upon "due process", and perhaps other rights guaranteed by the US Constitution, will permit the matter to be heard in Federal Court based upon "Federal Question" jurisdiction. It is likely that the appellate process will take several years before the matter is finally resolved.
Tuesday, September 16, 2008
Constitutional Law
Wednesday, August 6, 2008
Is Free Speech Really Free?
Thursday, July 17, 2008
Separation of Powers - Judicial Supremacy
Article I of the United States Constitution establishes the Executive branch of government and sets out powers and limitations. Article II establishes the Legislative branch and sets out its powers and limitations. Article III establishes the United States Supreme Court - but states that inferior courts shall be established by the Legislative branch.
The United States Supreme Court ("S.Ct."), under the leadership of Chief Justice Marshall, declared in Marbury v. Madison (1803) that the S.Ct. had the authority to determine whether or not a law was "Constitutional." While there was some discussion about this seeming expansion doctrine, it was not seriously questioned (and under today's standards Justice Marshall would be forced to recuse because it was he, while acting as Secretary of State, that did not publish certain judicial appointments prior to his departure and that gave rise to the facts). The doctrine was not squarely addressed again for about 150 years! In Brown v. Board of Education (1954), the S.Ct. affirmed its role in passing judgment on whether or not a law was "Constitutional."
Why is this important to us today? Unlike most state Supreme Courts, established by each individual state's constitution, the Chief Justice of the S.Ct. is appointed for life. In most states, Supreme Court Justices are appointed for life, but there is a rotation for the duties of "Chief Justice." Additionally, in several states - even appointed for life - the state Supreme Court Justices are subject to a "retention ballot" by the people every so often. In the S.Ct., however, the position of Chief Justice is a life time appointment with no check or balance.
Our current S.Ct. Chief Justice is quite young. Clearly, President Bush wanted to appoint not only the most qualified individual, but someone who would occupy that position for as many years as possible - and, of course, someone who had a philosophy similar to his own. It is in that way a President can continue to impact our government and society long after he leaves office.
There are many questions of supreme import coming before the courts. The judicial branch of government, far and away, has the most power of all branches within our system. That means the issues of most societal import will ultimately be decided in courts and the men and women deciding them will largely be those appointed for life. No matter where you stand on today's issues, you must fully understand how our government works in order to fully and meaningfully participate by expressing your opinion within our system. The point of this article is that all Americans need to have a deep understanding of the internal workings within our judicial system and how that branch of government impacts us on a daily basis.
The issues of abortion, same-sex-marriage, stem cell research and partial-birth-abortion are among some of the important issues. To succeed, a society must build. Part of that building is deciding the issues of import - which we can do upon a foundation of bedrock, or burrowed into the sand. Drilling into the bedrock of the documents that founded and set out the initial structure of our society and learning for oursevles the principles upon which those documents were drafted is important for every American. It is through that reading we can avoid making decisions while standing in the political sands manufactured by office seekers that intentionally shift under our feet to maximize their approval rating.
The issues of import will not be decided by Obama or McCain. No, Sir! Those issues will not even be decided by the legislators we send to Congress as our representatives - though they may pass laws on the issues. Ultimately and with absolute finality, as the "supreme law of the land", the S.Ct. will decide those issues. First, the S.Ct. will determine whether a law passed by the people and signed by the President is itself "Constitutional." Second, the S.Ct. will determine - in various facts and circumstances - whether or not a constitutionally acceptable law has been applied in an unconstitutional manner.
WOW! Now that is power! The future of our society ultimately rests with men and women that have a life-time appointment. Does this mean they are free to make the righteous, correct, moral decisions with political impunity and without fear of career reprisal? Perhaps. It also, however, could mean that they are free to explore and advance their own political agenda - whether mainstream America agrees with it or not - without opposition.
Republican or Democrat - it doesn't matter. The choice we make for President of the United States is going to give that person the power of appointing Federal Judges for life and, perhaps one or more S.Ct. Justices for life. Those choices will impact the next generation ... or infect the next generation, depending upon your view of the world. Accordingly, I urge each citizen - I implore you for the soul of our Nation - to critically think through your own value system and to make a diligent search of the documents on which this great nation was founded. There is no excuse for irresponsible voting. We have the highest literacy rate in the world and the Internet provides us instant access to those revered documents. Look at them! Read them! Understand them! Compare them to your own value system - with a complete understanding of the principles on which they were written - then search yourself and make the decision you believe to be right in your heart. Again, Republican or Democrat, it does not matter on which side of the issues we each fall individually - so long as we make an informed choice about the direction in which our country will go. It is our duty as citizens to make an informed decision in which we honestly believe!!
Monday, July 7, 2008
Church & State - Have we gone too Far?
A city government seal (Edmond, OK) is not permitted to contain a "cross" as a SMALL part of it's official city seal (see the 10th Circuit Opinion, Certiorari to the US S.Ct. denied). Yet all of the money spent in that same little town (and used to pay those 10th Circuit Court of Appeal Judges) has "IN GOD WE TRUST ON IT!" I am sure that someone can "justify" this with legalese, but the truth is that we are engaged in a double standard.
One must put the separation of Church and State in historic context. At the time of the Constitution's birth, many Americans had come from Europe, where the Church controlled the State or was the government. In view of that historic reality, it seems a much more reasonable interpretation that our founding fathers, and hence the Constitution, separated Church and State because the drafters did not want to restrict religion (many came here to AVOID religious persecution) but rather wanted to make sure the Church never became the government. This stands to reason. If a specific Church became the government, or had undue influence in governmental matters, such a situation would reduce the "freedom of religion" the framers were trying to protect by permitting a larger Church to squeeze out smaller Churches or "freeze" out minority religious views.
Have we now gone too far? Have we now, as a Nation, alienated God? Remember, the three major religions of the world all worship the same God ... Christians came from the Jewish people and worship the same God (with a dispute about Christ's role) and the Muslims worship the same God as well. In seeking to protect "Freedom of Religion" have we now limited it?
Thursday, June 26, 2008
Same Sex Marriage - Florida's Law
Some Responses From The News Press Article
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Answering Paula. Your response sounds politically correct, its just like hearing Obama on the subject. Except that, that is not the Full Gospel. A careful reading will debunk your theological theory. Jesus said He came not to change God’s moral law (Matthew 5:17-20). God’s character is Grace, He is love but also LAW! America is in deep trouble due to the confusion Christians have for lack of knowledge of God’s ethics.6/25/2008 5:36:55
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I have read several of the previous articles (Judge) Michael Chionopoulos wrote in the News Press. I researched him after the article he wrote about marriage and the First Amendment. We are truly fortunate to have such a well accomplished constitutional scholar here in Fort Myers - and I agree we should hear more from him. I, for one, would like to hear more about how Florida can pass the laws talked about in his article without violating the United States Constitution? I am hetrosexual, but much like the author below, Mr. Chionopoulos, I don't see how stopping same-sex marriage in another state matters to us. Nor do I see, Sir, how stopping it here in Florida matters to us. Do you think we have no homosexuals in Fort Myers? Do you think permitting them to have a marriage license makes them more homosexual? Mr. Chionopoulos, you are a brilliant scholar and I hope the News Press permits you to Answer. Keep writing! You make us think and we all need that!!6/25/2008 5:26:56 PM
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As a judge, you know all too well that the minority view isn't always what's fair or Constitutionally right. Just as blacks and whites have been allowed to intermarry (despite majority opposition that most likely still exists), homosexuals should, too. The adoption, as you also know, is a slippery issue. Gay parents who adopted in another state or country may move to Florida, where they by darn should be recognized as that child's parents, as they are. I don't think we Christians should point to the Good Book to cut off people's humane rights, any more than we should slap fishes on our bumpers. Probably the best advise is to do What Jesus Would Do. And based on the Gospels, I believe Jesus would love homosexuals, and care far less about following any laws than showing Our Father's grace. An Okie6/25/2008 2:12:14 PM As a judge, you know all too well that the minority view isn't always what's fair or Constitutionally right. Just as blacks and whites have been allowed to intermarry (despite majority opposition that most likely still exists), homosexuals should, too. The adoption, as you also know, is a slippery issue. Gay parents who adopted in another state or country may move to Florida, where they by darn should be recognized as that child's parents, as they are. I don't think we Christians should point to the Good Book to cut off people's humane rights, any more than we should slap fishes on our bumpers. Probably the best advise is to do What Jesus Would Do. And based on the Gospels, I believe Jesus would love homosexuals, and care far less about following any laws than showing Our Father's grace. Paula
Sunday, May 25, 2008
Post Traumatic Stress Disorder ("PTSD")
What causes PTSD? There is a division among experts, but most can agree on the basic fact that PTSD occurs when an individual participates in or witnesses violence that is incomprehensible. It simply traumatizes them. Most soldiers, men and women, have a certain "bravado" to maintain. After all, they are "soldiers" and "leaders" ... they are "TOUGH!" As a result, they repress their emotions because it is not "soldier-like" to be "sensitive" and emotional. As a result, their mind has to process the horrors of war without the benefit of communication.
What cures PTSD? There is a deep division among experts on this subject. Some think that it is necessary for the suffering individual to "purge" - to talk it out and get rid of the emotions. On the other hand, this particular author believes there is little, if any, benefit in such an approach. Rather, the most effective therapeutic approach is to reassure the traumatized person that they do NOT have to re-live the horror and trauma to get better. Rather, the cure is so simple it mystifies all those with PhDs and other significant psychological education and training.
The real cure: 1) Reduce situational anxiety to the fullest extent possible. Realizing that all stress inducing circumstances in a one's life cannot always be controlled, it is important to exercise full control over those stress sources that actually can be reduced; 2) Simultaneous to reducing situational anxiety, increase adaptive coping skills. Adaptive is emphasized because this is where most soldiers and others suffering from PTSD go wrong - they engage in in maladaptive coping skills, i.e. alcohol abuse, drug use etc. Some examples of adaptive coping skills are: weight lifting; bicycle riding; running; golf; chess; writing; reading etc.
The combination of reducing situational anxiety and increasing adaptive coping skills will bring PTSD under control in a brief period of time and usually without any medication. Nonetheless, it should still be done with the assistance of a health-care professional. The reason it is necessary to involve a health care professional is to ensure that the coping skills are effective; to monitor progress; and, in some very significant cases, it is important because in order to reduce situational anxiety it may be necessary or advisable for the suffering person to use anti-anxiety medications such as xanax or other benzodiazepine based medications and, perhaps, even an anti-depressant while they develop the positive coping skills to overcome the PTSD.
Friday, May 2, 2008
REAL AMERICAN HERO
Monday, April 21, 2008
Recent Trips Abroad - Domesic Violence Prevention
Thursday, April 3, 2008
HARD WORK - Family Values in Different Cultures
Grand Parental Rights
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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
Sunday, March 23, 2008
Oklahoma House Bill 1026 - Family Law
Thursday, February 28, 2008
CHIME- China India and the Middle East
Tuesday, February 12, 2008
Injustice of Justice - Spiritual vignette
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!
Saturday, January 26, 2008
Ocean Training!
Wednesday, January 16, 2008
Divorce and The First Amendment
Friday, January 11, 2008
New Articles
Saturday, January 5, 2008
COMING SOON - An Article on CHIME
Wednesday, January 2, 2008
The Injustice of Justice - Opening
First, I would like to thank all of those who supported me.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!
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.
Tuesday, January 1, 2008
Happy New Year!
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."
Sunday, November 18, 2007
Distribution of Military Retirement in Divorce
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.
Sunday, November 11, 2007
Divorce and the Constitution
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).
Thursday, October 25, 2007
Comment on Articles
Monday, October 8, 2007
Collaborative Divorce Process
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.
Sunday, September 30, 2007
Open Ocean Triathlon
Thursday, September 27, 2007
Iranian President -Amadnejad
Tuesday, September 18, 2007
Andrew Meyer, Florida Student, "tased" - necessary or excessive force? By Michael E. Chionopoulos
Friday, September 14, 2007
WELCOME HOME 1-180th INFANTRY
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!"
Monday, September 10, 2007
Domestic Violence Survey - Michael E. Chionopoulos
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.