Maryland Courts in Montgomery County

Access to Justice

The Court of Public Opinion/ the voiceless

"50 million Americans qualify for federally funding civil legal aid, yet more than half of those who seek help are turned away due to lack of resources" (legal aid and pro bono lawyers)



"Access to Justice"  is eroded in Montgomery County, Maryland judicial system especially towards pro se litigants. Powers to be -the government became a "rubber stamp institution' (accepted these behaviors) refusing to hold Judges, government and court officials accountable for their actions. In addition, ignoring the root causes of disparity issues in Montgomery county without applying a comprehensive social, economic or political strategy to combat these long-term problems. These actions impacts the political and social destabilization in the region, such as violating human and civil rights, unsustainable social and economic development that causes divisions in society and political systems.

According to the Department of Justice (Access to Justice Initiatives), millions of people can't get assistance due to systematic discrimination that takes hold in judicial procedures and understands that inequities shouldn't be tolerated. For example, promoting barriers and accessibility towards individuals who are experiencing financial barriers to exercise their rights, ensuring fairness, delivering fair and just outcomes and respect from the justice system in Montgomery County. In 2008, Chief Judge Robert Bell of the Court of Appeals of Maryland established Maryland Access to Justice Commission to reduce these barriers. In 2002, an Anti- Bias commission was created to examine the racial, gender and ethical bias that negatively impacted on the Maryland judicial system. In 2014, these barriers haven't decrease the numbers equally however demonstrates consistent disparity which remain a crisis situation in Montgomery County, Maryland.

Montgomery county is one of the tenth wealthiest counties in the nation, highest disparity and inequality (social economic issues) historically, however suppressed (Reference disparity statistics below). In 2002, the Court of Appeals of Maryland implemented an administrative order creating anti-bias commission on gender equality to ensure that gender, racial and ethnic fairness don't have a negative impact in the Maryland judicial system. The comprehensive report is a study designed to measure the changes in attitudes, experiences and perceptions towards these biases. "Social neglect and abandonment of indigenous, brown and black people have been perpetuated through the institutionalized legality of unfair treatment. More aggressive measures and policies are implemented to deny rights to those who are a the bottom of the social and economic barrel". The rights for equality, equity and justice for all is a myth however oppressed in Montgomery County, Maryland.

The Issues/Barriers

A pro se litigant is negatively characterized, discouraged and denied rights  Judges comments reflect a distinct anti-pro se litigant sentiment. Elmore v. McCammon (1986) 640 F. Supp. 905 "... the right to file a lawsuit pro se is one of the most important rights under the constitution and laws."

The Courts are bias against pro se litigants in procedural requirements that are intentionally difficult. "Pro se pleadings are to be considered without the regard to technicality; pro se pleadings are not to be held to the same high standards of perfection as lawyers" Jenkins v. McKeithen, 395 U.S. 411, 421 (1959). Judges and court officials are rude and disrespectful, only to discourage the rights of pro se litigants. "Judges have duty under Canon 3 to "be patient, dignified and courteous towards litigants and the right to be heard according to the law. "The fifth amendment states that no one shall be " deprived of life, liberty or property without the due process of law".

Court clerks withhold information from pro se litigants, stereotype and stigmatized and maliciously advised litigants with wrong information. Clerks manipulate records and documents are constantly lost there is no accountability to these actions. Canon 3 'Judges has a duty to assure that court officials "refrain from manifesting bias or prejudice in the performance of their official duties" (Canon 3 Section 2) suggests a duty upon judges, especially administrative judges, to assure their court staff provide assistance in an impartial manner.

The Courts provide a self-help window which it's no guarantee of any help. They look angry, attitudes and responses are rude as if you disturbing them when it's part of their job to serve the public. This is just a tactic to block judicial access to common citizens.

Law libraries are financed by filing fees by pro se litigants ( some states) however they are at the convenience for lawyers. If you are a minority some clerks automatic assume you are a defendant in a criminal case before asking, May I help you"? Instead they ask, "Are you a defendant for a criminal case"?

Montgomery County is culturally diverse, there are immigrants and second language citizens in this county. When they present their case, you can barely understand or comprehend their case. Hispanics has the advantage to be offered an interpreter and others, such as Asian, African and Indians, etc., don't have the same opportunity to be offered the same services for an interpreter made available to assist them. Cases are lost due to this sort of injustice and discriminatory practices. This practice is unconstitutional, every member in society deserves equal protection under the law. Maty v. Grasselii Chemical Company 303 U.S. 197 (1938) "Pleadings are intended to serve as a means of arriving at fair and just settlements of controversies between litigants. They should not raise barriers which prevent the achievement of that end. Proper pleadings is important, but its importance consists in effectiveness as a means to accomplish the end of a just judgment".

The matter of public opinion and 1st Amendment rights aren't a guarantee - To openly speak on these topics of disparity, injustice and civil rights- you are retaliated and threatened in various ways that attributes and create a totalitarian oppressed system. This includes the access to media (freedom of the press) which is regulated on the basis of conformity to the government and non-conformity with "official" public opinion. This results to a "forcible consensus" not a democratic system of government but an anarchy. The problem is the government exclude the public access and don't have the ability to design a political system to limit corruption. In addition, can't rid their own personal biases to produce a comprehensive plan to improve public trust that deeply colors the way the public negatively views politics. "There can be no sanction or penalty imposed upon one because of his exercise of Constitutional rights". Sherar v. Cullen, 481F. 2d 946 (1973).

The founding fathers tirelessly tried to repair the problem of corruption; their ideas of  this "disease of corruption" range from moral and ethical values featuring the legal and political systems. Now that the disease has surfaced, the constitution and laws needs to reformed and redesigned. The Constitution- fifth amendment states that no one shall be "deprived of life liberty of property without due process of law". The Equal Protection clause stretched with the promise that before depriving a citizen of life, liberty or property, the government must follow fair procedures. Action denying the process that is "due" is unconstitutional and the erosion of civil liberties.








References :
View links (below)

Unfinished Business - Disparity in Montgomery County
https://drive.google.com/?tab=jo&authuser=0#my-drive

Traffic Stops in Montgomery County
https://docs.google.com/file/d/0B6WA87wzHgSVVnNZaUJRZzJNUWM/edit


Department of Justice "Access to Justice"

Maryland Courts on Racial and Gender Bias
http://www.msba.org/departments/commpubl/press_ctr/pressrel/2001/pr10-29-2001.asp

Montgomery County Achievement Gap
https://docs.google.com/file/d/0B6WA87wzHgSVUW1saVRhei1SZEU/edit

Montgomery County MOA Department of Justice /MCPD engage in racially discriminatory conduct
http://www.justice.gov/crt/about/cor/Pubs/mcagrmt.php#COMPLAINT AND INVESTIGATION PROCESS

District Court of Maryland Loss of the Honorable Judge Convoy, Jr.

JUDGES ATTITUDES TOWARDS PRO SE LITIGANTS

"Judges rule with a view to the private interest"

Perverted forms of systematic corruptions 

Judges "shall accord to every person who has a legal interest in a proceeding... the right to be heard according to the law" (Canon 3 Sec. B4)

I am sorry for the lost of Judge Conroy, Jr., who was a Judge at the District Court of Maryland. I pray the strength for his wife, family and loved ones as they grieve their loss.

I discovered that the Judge was deceased in the newspaper while no one informed me from the District Court of Maryland that Judge Conroy, Jr., was deceased. For some reason I was waiting for an officer from the courts to inform me but I expect too much integrity from the District Court in Montgomery County.

Now, I understand why the Honorable Judge Wolfe desire to bury my case on the behalf of his private interest.... disregarding justice. Judge Wolfe has his own biases with women, low-income and pro se litigants ( distinct anti-pro se litigant sentiment). The Honorable judge, the administrative judge fails to improve the numbers of outcomes and to improve the access to justice in Montgomery County. Minorities are still the highest in traffic violations with large fines, unsuccessful in criminal and civil cases with negative outcomes against gender, income, race and ethnic litigants in Montgomery County. The traffic court is segregated as the officers (mostly white males) sit on one side of the court while minorities, low-income and white women (black females has the highest stops in Montgomery County) sits on the other side.....very  intimidating and segregated environment.
(In 2002, Court of Appeals created an Anti- Bias Commission that studies provided that gender and racial bias have a major negative impact in Maryland Judicial system). The disparity still exists today in 2014. You can assume that hiring minorities could be more damaging because they use their ethnicity to abuse the system against other minorities.

As the court administrator, the court clerks intentionally withhold information from non-lawyers that they routinely give to lawyers. If a lawyer calls to request a particular procedure the clerk with provide answers. However, if a pro se litigant request the same information it becomes suddenly "no answer" or don't provide legal advice or tell misinformation with malicious intent. Even if they have a window for pro se litigants there is no real assistance or even civility. They have an instant attitude snatching papers as if you are bothering them and it's apart of their job to greet the public. Records are munipulated and documents are mailed late intentionally. Ex-parte communication is acceptable. They intentionally do everything to discourage pro se litigants from exercising their rights for justice. Judges have a duty to assure that court officials "refrain from manifesting bias or prejudice in the performance of their official duties" (Canon 3, Sec C2) The latter provision suggests a duty upon judges generally and especially administrative judges, to assure their court staff provide assistance in an impartial manner.

There is no accountability for judges actions as they believes that they are "Above the Law" therefore he can use the judicial platform to suppress the law. The court room shouldn't be a place for situational ethics. Cannon v. Commission on Judicial Qualifications (1975) 14 Cal: 3d 678 694 " Acts in excess of judicial authority constitutes misconduct, particularly where a judge deliberately disregards the requirements of fairness and due process.

Maryland District Court in Montgomery County

During trail, the Maryland district court judge was favorable to the defendants which I am not surprised. I was the plaintiff and the defendants fabricated throughout the trail which the Judge permitted. I was a pro se litigant representing myself  and I failed to research the history of the Maryland Court system and Montgomery County.  I discovered that Montgomery County haven't been friendly to the low-income community, minorities and women.(See Administrative order creating a anti-bias commission, 2002), this to ensure gender, racial and ethnic fairness.  I had complained about a white landlord in a predominately minority community which he retaliated against me because I filed a complaint of inhabitable living conditions which my apartment failed inspection. The Judge was favorable to the landlord because of his own biases not because they won legitimately.

The Judge allowed his human nature to supersede justice therefore he was bias against me because of reasons of my income classification, race, gender and religion. I was in court from 8:00 am until 2:00 pm while he showed favoritism when the defendant's lawyer was late. Judge Conroy tried to intimidate me yet I stood up against the fabrication and bias remarks of corruptive behavior and actions. He used these aggressive measures to deny my rights because of the history of Montgomery county of stigmatism and stereotyping towards certain class of citizens is perpetuated through the institutionalized legality of unfair treatment.

Judge Conroy informed me that I need a lawyer without acknowledging that "pro se" litigants (self representation) is legal and Constitutional. Elmore v. McCammon (1986) " the right to file a lawsuit pro se is one of the most important rights under the constitution and laws".  Judge Conroy refuse to allow me to read and cross examine the evidence that the defendants produced. The Judge claimed that I didn't breach my lease when it states on the notice to vacat that I violated the terms of lease and refer to B.3, B.4, 5,6,8 & 9 of my lease agreement. However the defendant's alleged that I had an unauthorized visitor and violated peaceful enjoyment agreement. I had gave court documents concerning a tenant who threaten me which I was granted a peace order from the court. In addition, proved that I had no one living with me, the defendants retaliated against me because I file a claim against them.

Judge Conroy yelled and screamed during trail and turning red in the face, (Judges have a duty under Canon 3) "To be patient, dignified and courteous to litigants" (Section B4) I was the pro se litigant plaintiff and the defendant was represented by an attorney fabricating in Court swearing under oath promising God to tell the truth". Judges manipulating and suppressing the truth, manufacturing facts, mischaracterize pleadings and engage in ex-parte communication. Gonzalez v. Commission on Judicial Performance (1983) 33 Cal. 3d 270, 286.

I encourage anyone who has no funds for an attorney don't allow these Judges in Montgomery County to intimidate you from your Constitutional rights. You have a right to fight for your rightful place in the judicial system. Regardless the erosion of civil liberties that corresponds to the marginalization or undermining your constitutional rights within the Maryland Court system; please remember the State of Maryland has a low integrity rate with the government activities which includes the court system.