Remembering Senator Robert Byrd – Democrat Senator, West Virginia

June 28, 2010

By Padmini Arhant

Today, the United States Senate and the nation lost a longest serving Senator and the member in congressional history.

Senator Robert Carlyle Byrd, a Democrat from the state of West Virginia, political career span from January 2, 1959 – June 28, 2010.

Reflecting on the record, the Senator had previously struggled to keep pace with the social developments in the society.

Nevertheless, towards the end there appears to be some reconciliation with the erroneous decisions the Senator had made during his term in office.

No human being is infallible. Those who recognize the missed opportunities to contribute to positive changes and later do it right are honorable.

For the recent contributions benefiting all forms of life represents the core value, a confirmation of the fact that it’s never too late to act for greater good.

Senator Byrd has served the West Virginia constituents well. Otherwise it would have not been possible to hold the historic position in the Senate.

The democrats and other Congress members reminisced their time with the Senator from West Virginia.

Senator Robert Byrd’s unprecedented public service to the citizens in West Virginia and across the nation remembered with respect and gratitude.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Featured, United States | 1 Comment 

Citizens Plea to the Senators on Jobless benefits and Health Bill

June 28, 2010

By Padmini Arhant

The unemployed citizens have presented their desperate situation with the hope of getting some help.

It’s not always easy to be open and upfront to the world about one’s life.

It requires honesty. Honesty demands courage.

The citizens’ message has adequate reasons and highly inspirational, apparently a prerequisite in approaching the elected officials for their votes on life and death matter such as jobs and health related bills.

A lawmaker’s constitutional duty to serve the citizens at all times more so during critical hour is portrayed as a favor or mercy towards their subjects by the authorities and certain news media.

If these messages do not change the ‘Nay’ votes to ‘Yea,’ votes, then ‘compassion,’ and ‘righteousness’ have lost their meaning.

Meanwhile, anyone who could assist these citizens to cope with the difficult circumstances would be not only saving lives but also providing the nation with additional taxpayers through their employment.

Your kindness is much appreciated.

Thank you.

Padmini Arhant

Please read the message from the citizens pleading for survival means. Thanks again.

The URL or any other information about job sites and financial aid may be posted in response to citizens’ comment on this website against appropriate articles. Thanks again.

1.” JOE: From Why Senate must act immediately on the Unemployment Benefit Extension?,
2010/06/27 at 4:44 PM

THE REPUBLICANS FILIBUSTERED THE VOTE TO TRY TO MAKE THE DEMS LOOK BAD.

I CAN ALMOST HERE THE ANTI CAMPAIGN COMMERCIALS NOW.

This is political nonsense at its best.

THEY HAVE TO VOTE BY THIS WEEKEND BEFORE THEY GO ON VACATION (THAT’S A JOKE IN ITSELF)

I HAVE NO INCOME COMING IN, MY 26 WEEKS ENDED LAST SUNDAY.

ARE WE CHASING THE GHOST OF TOM JOAD?

I’VE BEEN KNOCKING DOWN DOORS FOR A JOB, NONE EXIST.

WITH A DAUGHTER ENTERING HER SOPHOMORE YEAR OF COLLEGE, THERE’S NO WAY TO HELP HER ALONG THE WAY. CELL PHONE DUE, RENT DUE, CAR PAYMENT DUE.

GAS TO FILL UP MY CAR. UTILITIES TO PAY.

I’M A SINGLE FATHER, I CAN’T SURVIVE WITHOUT THE EXTENSION…PRAYING THAT THE JOBS WOULD COME, BUT THAT’S LIKE ASKING A FARMER TO RAISE CROPS WITH NO WATER…

PLEASE, FOR THE LOVE OF GOD, SENATORS, GET YOUR…BACK TO WORK AND,

FIGURE OUT A WAY TO GET A BILL SIGNED. AND CREATE MORE JOBS BY YEARS END…OUR FUTURE, WITHOUT IT, IS THE GRAPES OF WRATH REVISITED ALL OVER AGAIN…”
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2. “out of benefits in Ohio:

From Senate Block Vote on Unemployment Benefits Extension and Delay Medicare Reimbursements, 2010/06/28 at 8:35 AM

To Padmini Arhant,

You are so full of it.

Congress is ignoring everyones plight.

While they spend money for big dinners and jets and cars, we the working class get to live in the streets.

I guess the ILLEGAL immigrants are more important to Washington than the citizens of the US.

Washington is spending $10.4 Billion/year on them.

Because I don’t have children at home, I can’t get medical care for my wife.

I can go to the VA but they won’t give me 2 of my meds for a heart condition because some government agency decided I didn’t need them.

Meanwhile I see drug addicts and dearlers getting all kinds of help. I hope that you never have to rely on your government to take care you….”

Written by Padmini Arhant · Filed Under Economy, Featured | Leave a Comment 

Urgent Medicaid Support Required for People with Disabilities

June 25, 2010

By Padmini Arhant

The organization dedicated to helping children with disabilities made the following plea and requested the U.S. Senators from both sides of the aisle to consider reviving the bill and approve the federal Medicaid funding to the states.

One cannot ignore the urgency on this important measure.

Hopefully the GOP Senators would heed to the call for assistance from the most vulnerable members in the society, the children and pass the legislation on humanitarian grounds, if not as a constitutional responsibility.

Thank you.

Padmini Arhant

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Fri, June 25, 2010 12:34:38 PM
URGENT: Tell your Senators to do the right thing

From: “Katy Beh Neas, Easter Seals”

Easter Seals: Creating life-changing solutions so that people with disabilities can live, learn work and play.

Dear Padmini,

Vital health care services for people with disabilities are at stake.

Urge your Senators to do the right thing for people with disabilities by passing the Medicaid funding extension.

Last night, the Senate was just three votes short of passing critical Medicaid support for people with disabilities.

If the Senate does not approve additional federal Medicaid funding to the states, they will be forced to cut benefits and services for people with disabilities and chronic illnesses.

We came so close last night. Every message from Easter Seals supporters like you will make a difference when the Senate takes this up again in the next few days.

Act now! Urge your Senators to protect people with disabilities by voting to extend this enhanced federal Medicaid funding!

Medicaid is a lifeline for children and adults with disabilities. Because of the health care they get through the program, they are able to be successful in school, keep a job and live independent lives.

Thanks to Medicaid, a child with autism can get the speech therapy he needs, a teenager with spina bifida can get the wheelchair she needs to use to get around school, and an older person living with a chronic illness can see his doctor.

Medicaid exists to help people who can’t otherwise afford it, pay for critical services like these.

But state budgets have been squeezed by this recession. With less and less tax revenue coming in, they’re facing the prospect of devastating cutbacks.

They need help filling the gaps and keeping important programs afloat.

They’re counting on support from Washington.

The federal government has always shared the financial responsibility for Medicaid.

With so many people in need and the states so strapped for cash, this is the moment for the Senate to step up with additional funding.

When enough of their constituents weigh in, elected officials listen.

That’s why we can’t let Senators cast their vote again without hearing our voices.

But it has to happen fast.

Write your Senators and let your opinion be heard before it’s too late.

I really appreciate your help on this critically important issue.

Dedicated Easter Seals supporters like you are the difference between winning and losing these legislative battles.

Thanks again,

Sincerely,
Katy Beh Neas
Vice President, Government Affairs

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________________________________________

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Why Senate must act immediately on the Unemployment Benefit Extension?

June 23, 2010

By Padmini Arhant

From: An Unemployed Mother in her comment to the earlier published article :

“Senate Block Vote on Unemployment Benefits Extension and Delay Medicare Reimbursements,”

unemployedmother: 2010/06/23 at 7:16 PM:

“You are missing one key point. The longer the senate waits to vote on this, the more people, including myself and my two sons, will have been made homeless because we cannot pay the rent. I have no money, my phone was cut off due to unpaid bill, my electricity will be next, but that doesn’t matter, I will have no home. Without a home, how are we supposed to vote…for we will have no known address.”

Moment of Reflection: By Padmini Arhant

To the Republican Senators and others stalling the legislation:

How many more victims must come forward pleading for help?

How long must they endure the political stalemate, ultimately affecting the suffering population?

Failure to vote in the legislation such as the unemployment benefits to the laid off workers for no fault of their own and the millions having become homeless in the miserable economy, the Bush-Cheney legacy to the American families – is negligence of constitutional responsibility.

Lawmakers are elected to act on behalf of their constituents and citizens across the nation on all of these issues.

Instead, the GOP members are pledged to ignore the voice of the people, assuming them to be a mere formality in the political process.

If the gridlock continues, it would be detrimental to the political party espousing the undemocratic strategy.

People are fed up of the political shenanigans displayed in every legislation rendering Congress, the republic’s chief representative in a democracy, a malfunctioned authority.

Hopefully, the Senators especially the Republican members will pay attention to the rising temperature among the exhausted population awaiting the opportunity to replace those who don’t deliver with the candidates dedicated to the people electing them to power in a democracy.

Time is running out for the legislators determined to widen the gap between the haves and the have-nots.

The hurting population are anxiously waiting to end the Washington tradition i.e. stall, filibuster and kill the bill.

Not anymore, for the citizens are energized to eliminate inaction and reinstate action in Washington, come November 2010.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Economy, Featured | Leave a Comment 

Senate Block Vote on Unemployment Benefits Extension and Delay Medicare Reimbursements

June 23, 2010

By Padmini Arhant

In the past week, the United States Senate was presented with the two most important bills directly affecting the average Americans survival.

According to the reports, the GOP rejected the $24 billion aid to the long-term unemployed citizens in the cash-strapped state governments and the several tax breaks renewal for businesses and individuals.

Apparently, the 56-40 vote on June 17, 2010 fell short of four votes to avoid GOP filibuster. Without any Republican votes for the measure, the Nebraskan Democrat Senator Ben Nelson along with the Connecticut Independent Senator Joe Lieberman contributed to the filibuster.

Today, the Ohio Senators’ repeat attempt to revive the bill by emphasizing on the urgency of this extension remained unsuccessful.
————————————————————————————————–
Per: http://www.wkyc.com/news/local/news_article.aspx?storyid=138410&catid=3 – Thank you.

Ohio’s Democratic U.S. Sen. Sherrod Brown told fellow Senators that “more than 57,000 Ohioans — about the size of Elyria, Ohio or Mansfield, Ohio or twice the size of Zanesville — more than 57,000 Ohioans are estimated to have lost unemployment benefits since the extension ended in May, a month ago.”

“If the Senate does not pass an extension, that number will increase dramatically. More than 90,000 Ohioans could lose their benefits by the end of June. That is more people than live in Youngstown, more people than live in Springfield, more people than live in Cleveland Heights or Lakewood.”

Brown said that, nationwide, since the beginning of June, some 900,000 workers have run out of jobless benefits. That number will surpass 1 million by the end of this week.

Brown said today that he is very disappointed by the obstructionists’ moves to stop the extension of benefits.

“Senate Republicans are denying tens of thousands of Ohioans — and thousands of people in New Hampshire and hundreds of thousands of people in California and Texas and Florida — the Republicans are denying tens of thousands of Ohioans the unemployment insurance benefits they have earned during years of hard work,” Brown told fellow Senators.

“I ask my Republican colleagues who consistently vote no to try to empathize with those who have less privileges than we do, who don’t have huge staffs and don’t have a good salary and don’t have good insurance and don’t have a secure place to live, what their lives would be like if any one of us lost all of those privileges. I think it would make a difference in how they vote.”
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Perspective – By Padmini Arhant

It’s evident from the Ohio Senators’ case scenario that the situation is dire for the citizens in many states with higher unemployment.

Denying thousands of workers the means to cope with the economic recession amid rising or stagnant joblessness under the pretext of national debt or demanding that they are paid for prior to approval is a misplaced priority.

Where the Republican members should be arguing for the prepaid funding is, unnecessary wars such as Iraq and now Afghanistan including the perilous offshore drilling contributing to colossal costs witnessed at present.

It’s common knowledge that the GOP members and the few Democrats against the bill have willfully authorized the defense funding for the prolonged wars and claim no objection to the environmental damages via offshore drilling…

The Nay Sayers fail to recognize the consequences of their action or the lack thereof, leading up to the status quo exacerbation.

When the national figure for jobless benefit is expected to reach a million by the end of this week, the complacency is the affirmation of the elitist least bothered about the populist plight.

Ignoring the struggling families’ desperate economic needs based on partisanship more than fiscal responsibility is politics superseding national interest.

Although, the estimated $13 trillion national debt is a legitimate cause, the divestments from other sources with excess budget allocation including the pork barrel spending could be utilized for this important legislation.

Citizens cannot be possibly deprived of existence in the worst economy and the Republican lawmakers’ argument in this respect does not bode well, considering the positioning is purely aimed at winning conservative support in 2010 elections.

As for the isolated democrats and the independent Senator Joe Lieberman, the clock is ticking with the diminishing public patience on all issues. The proof of the pudding is in the electoral outcome.

Increased awareness and harsh experience by the electorate is a political gamble for the incumbents and the new challengers in the coming election.

People are tired of gridlock and, the ominously missing empathy among the obstructionists is a blatant dismissal of the economic reality endured by the voters.

Therefore, the ideal strategy to resolve the bill passage would be to identify the redundant funds in the fiscal budget and reallocate them for the unemployment benefit extension as well as the retrospective Medicare payments towards health care service.

Regarding the Medicare decrease in doctor payments: The belated Senate vote to spare doctors a 21 percent cut in Medicare payments is proved to have escalated the administrative costs for the providers and the taxpayers.

Much to the AMA (American Medical Association) frustration and AARP, the seniors’ lobby disappointment, the Congressional delay in the particular legislation is stated to affect the large health care program availed by 46 million elderly and disabled people.

Further, the claims processed at the lower rate are forcing many physicians to stop accepting Medicare patients while others considering dropping out of the Medicare program.

The cut appears to have had a direct impact on the billings for the early part of the month because of the Congressional reprieve expiry on May 31, 2010.

Seemingly, the lawmakers’ failure to act earlier is drastically hurting doctors’ cash flow and subsequently the beneficiaries, i.e. the most vulnerable groups in the society – the senior citizens and the disabled population, who also happen to be the nation’s substantial voting bloc.

It is obvious from the facts and legislative events that the representatives declining to vote on the pivotal legislations viz. unemployment benefit extension and Medicare payments to doctors attending to seniors and disabled patients are adding to the national debt crisis rather than alleviating the taxpayers’ burden.

GOP Senators and the Democrats aligning with the Republican members in the voting process are miscalculating the fiscal ramifications and the inevitable political price for their decisions.

It’s essential for the victims in these two vital legislations to distinguish between those who represent the people from the ones’ sworn allegiance to the special interests – health insurance industry and the likes.

Please remember that ‘Change is made possible by the people.’

For the voters have the ultimate power in a democracy.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Economy, Featured | Leave a Comment 

Happy Father’s Day!

June 21, 2010

By Padmini Arhant

On June 20, 2010, it was Father’s day, an opportunity to display gratitude to the other parent or caregiver in a family, the father.

An occasion such as this is a reminder to the loved ones to spare some time from their routine and reflect on the important aspects of the relationship with their father.

The experience with their parents or the surrogates may not necessarily be the same.

In fact, it differs within a family. Some daughters have a special bond with their father and the sons with their mother or the other way around.

Gender complements one another in a relationship. What one is lacking could be derived from another.

Alternatively, the combined qualities could further enhance the prospects for a successful partnership in general or professional life.

Essentially, the well-synthesized Yin and Yang effects create a new meaning in the ever changing world.

Contrarily, the gender competitiveness often erodes the possibility for a greater good to the family or formal dealings.

Even now, some societies follow the patriarch system with a hierarchy assigning the status to men and women in a family.

Traditionally, a father is an ‘authority,’ figure for he used to be the sole ‘bread winner,’ in the family.

Simultaneously, the matriarch custom has existed in the ancient civilizations and continued through in the contemporary period.

At mainstream, the once hunters and gatherers have embraced the egalitarian concept to an extent, although the widespread acceptance would enormously benefit humanity.

Nevertheless, the positive trend is a dynamic force with interchangeable duties and responsibilities exemplified in the modern society.

For those who feel deprived of the ‘Father’s,’ presence in their life, the vacuum is not easily filled.

However, some cope with the ‘Father-like,’ personalities found in certain members around them.

While others, limit their expectations and strengthen ties with the genuinely caring people either within or outside the family circle.

Father’s role is more related to exterior interactions and instrumental in the child’s development.

Therefore, the father’s engagement from early childhood to adulthood, especially adolescent phase is vital in the child’s upbringing.

Unfortunately, in the growing family crisis children are faced with the timeshare between their parents and the mandatory lifestyle.

A rational and reasonable approach in the family matter allowing the children to a ‘normal,’ existence would lead to a better life for everyone involved.

It may not be perfect, but at least it would address the children’s needs for a balanced guidance in life.

Society thrives from a solid family structure built with love, respect, understanding and trust. It applies to any form of family unit and not restricted to a conventional setup.

Children are the human legacy and they flourish in a hopeful environment.

Happy Father’s Day!

Thank you.

Padmini Arhant

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Justice Denied – Foul Play Victim – Personal Setback

June 20, 2010

By Padmini Arhant

I bear the ‘Almighty God,’ witness to the topic presentation.

Recently, there was a personal setback with a small claims complaint filed by a former tenant, who falsely stated not having received the rental security deposit on the rental property for the period May 2008 through July 2009.

The tenant and his spouse – Timothy Brook and Lucy Brook, had newly arrived from the United Kingdom with no credit history in the United States and leased the referenced property in the claim along with a commitment to purchase their own home at the end of the twelve-month period. Accordingly, it was unanimously agreed at that time to assess the individual status on both sides in a year.

During that period, all requests for any repairs were attended with new replacements under their supervision and utmost satisfaction, including the regular light bulbs changed six months after them settling in the house.

Further, a written consensus was reached to resolve any disputes by an arbitrator rather than lawsuits through attorneys or small claims court system and aim for amicable settlement avoiding litigation costs for both parties.

Unfortunately, this agreement was breached by the tenants who hired an attorney after their voluntary decision to vacate the property, despite my email request on June 3, 2009 about lease renewal for which there was no response.

The attorney sent an inflammatory letter stating that,

“Comply with my clients’ demands on any issues. If not, do so at your peril.”

All records are maintained up until now.

Subsequently, the tenants moved out of the property and the refund check for the rental security deposit was sent promptly. The tenants cashed it in the same month, i.e. July 2009, having acknowledged the adjustments and the payment. Receipts for regular cleaning costs and minor repairs were shared with the tenant. It was all accepted with no objection and the matter was settled in July 2009.

Approximately five months after vacating the house and cashing the refund deposit evidenced by a bank transaction showing check details and the encashment date by the party, a small claims judgment was mailed to my address indicating the amount to be paid against the complaint.

Following that, I filed a motion to vacate the judgment. It went drastically wrong due to the manner the hearing was held by the Commissioner Steven Yep, Santa Clara County, Small Claims Division, and the presiding authority on this case.

The Plaintiff arrived without the witness quoted as a “close friend,” – Simon Eldridge, to confirm the alleged ‘Proof of Service.’

When I raised the question about the witness’ absence with the Plaintiff before the hearing, he paid no attention and walked away.

Instead, the plaintiff delivered a letter that was not shared with me during the documents exchange prior to the hearing and the details were not disclosed.

The Commissioner mentioned that the letter was a note from the witness stating – “the witness could not be at the hearing because of an office meeting.”

Further, the Commissioner said that “he was satisfied with the witness statement by proxy,” alleging the service date and time.

NB: The witness statement was not an affidavit but an ordinary note, a copy that was later obtained.

Most importantly, the witness was not a third party i.e. a Professional Process Server or Sheriff hired to serve the summons with a genuine concern for legal consequences.

Even though, it’s permissible by law to have a person 18 years or above for this purpose, the conflict of interest and the convenience having a close friend to cooperate is easily available in this respect.

The Commissioner then looked at me and asked the specific questions, which he did not consider it necessary to pose to the Plaintiff at the beginning of the hearing:

Do you realize that you are under oath?

To that, I said – Yes, your honor.

Did you take the oath?

I replied. Yes, your honor.

Then he turned to the clerk and verified with her:

Did she really take the oath?

For, he did not believe me in spite of my repeated assurance.

The clerk responded – Yes, she did.

Essentially, the substantive evidence that I provided was set aside against the witness and the plaintiff’s verbal statements that was not only contradictory to their earlier versions, but also failed to support their fraudulent claim.

The inconsistency in the Plaintiff and his witness positions throughout the process were ignored by the judicial authorities, even though it inconclusively proved the fact that the witness or the server never visited the property and the documents were not delivered or served by him for the hearing.

A perjury was committed by the witness and the plaintiff in the wrongful judgment enabling the Plaintiff to game the system with the inherent flaws in the judgment award.

This is just a preview of the hearings that took place with a conspicuous bias whereby the presiding Commissioner Steven Yep became the attorney to the other party, instead of being objective and diligently applying the law on equal and fair basis to both parties.

In the appeal, the Judge Gregory H. Ward at the Superior Court, Santa Clara County chose to disregard the law entirely, in lieu of the witness or the server admission during the appeal on 06/04/10 on the failure to “specify the contents thereof,” required per Code of Civil Procedure 415.20(a) and (b).

Likewise, The SC-104, “Proof of Service,” filed by the Plaintiff’s witness confirms that the copies of documents allegedly served on 09/29/09 were not mailed per Code of Civil Procedure 415.20(a) and (b), apart from other Civil Code requirements being not met by the server representing the Plaintiff.

Besides, the small claims complaint filed under false premise by the Plaintiff whereby,

The Plaintiff denied receiving the rental security deposit, when the refund check was cashed by the Plaintiff on 07/27/09 – evidence was enclosed for court reference.

Similarly, the Plaintiff’s erroneous and unsubstantiated claim comprise moving expenses without any receipts for the itemized charges that does not even add up to the total amount presented in the declaration under penalty of perjury.

“Per Plaintiff’s declaration signed under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Moving expenses – $754.78

Van rental – $73.92

Petrol – $25.00 ( It’s noteworthy that the plaintiff charging the weekly gas amount for shifting within the neighborhood, i.e. less than half a mile.)

Moving boxes – $34.86

Cleaning – $276.00 – (The property owner is being charged for cleaning up the tenants’ mess during their rental period).”

The itemized expense adds up to $409.78 with no receipts and the remaining $345.00 has no explanation or receipts for it.

Again, the amount fraudulently claimed for vacating the property on their volition, regardless of the email request about lease renewal (supported by evidence).

None of these crucial facts and evidences was taken into consideration, thereby awarding the Plaintiff for the felony.

The Judges involved in the case are judged and evaluated by the public for dereliction of duty reflected in their shortsighted decisions affecting and ruining thousands of lives.

Thank you.

Padmini Arhant

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Source: http://www.courthouseforum.com/forums/evaluationtrial.php

Commissioner Steven Yep

All comments are the opinions of the survey respondents.

“Commissioner Yep is a terrible judge.

I have witnessed his conduct in the courtroom on more than one instance. He treats pro se defendants in probably the worst manner for infractions and misdemeanors that are brought before him.

I had a case, which I fought as a pro se, and was tossed out on my behind. It was so bad that I asked a pro temp to hear my case, and won my case.

The fact that I won really doesn’t matter… it’s that the pro temp LISTENED to the argument and heard both sides fully before rendering a decision.

I never had that chance in Commissioner Yep’s court.

I urge anyone who has this guy for a judge to get a preemptory challenge and write to both Judge Danner and the state Commission for judicial independence to get rid of this guy. 2007-02-07

Negative/Critical – View Survey – Grade – D(0.81)

Part I. ABA Guidelines ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. D (1.00)

b. Having knowledge of substantive law. F (0.00)

c. Having knowledge of rules of procedure and evidence. D (1.00)

d. Keeping current on developments in law, procedure, and evidence. C (2.00)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect. C (2.00)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status. F (0.00)

d. Acting fairly by giving people individual consideration. F (0.00)

e. Considering both sides of an argument before rendering a decision. F (0.00)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues. F (0.00)

g. Having ability to make difficult or unpopular decisions. F (0.00) ”
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2. Survey Results for Judge Gregory H. Ward 1

All grades/scores and comments are the opinions of the survey respondent.

Click Here to see Individual Surveys

Overall: 2
D(0.78) out of 11 surveys
Comments (9)

Respondents Approve Monthly View Daily View

Do you approve of this judge’s overall performance? Yes: 0 No: 11

Part I. ABA Guidelines

ABA Guideline 5-1. Legal Ability.

a. Having legal reasoning ability. C- (1.57)

b. Having knowledge of substantive law. C- (1.57)

c. Having knowledge of rules of procedure and evidence. C (2.17)

d. Keeping current on developments in law, procedure, and evidence. D+ (1.25)

ABA Guideline 5-2. Integrity and Impartiality.

a. Avoiding impropriety and the appearance of impropriety. F (0.00)

b. Treating all people with dignity and respect – D (0.75)

c. Having an absence of favor or disfavor toward anyone, including but not limited to favor or disfavor based upon race, sex, religion, national origin, disability, age, sexual orientation, or socioeconomic status – F (0.12)

d. Acting fairly by giving people individual consideration – F (0.25)

e. Considering both sides of an argument before rendering a decision – D (0.57)

f. Basing decisions on the law and the facts without regard to the identity of the parties or counsel, and with an open mind in considering all issues – F (0.12)

g. Having ability to make difficult or unpopular decisions – F (0.00)

Judge Gregory H. Ward

All comments are the opinions of the survey respondents.

1. Biased Judge Remarkably goes against jury verdicts Case Study–Pfizer (IP)Trade Secrets–astonishing reversal of jury’s unanimous verdict 2010-01-27
View Survey – Negative/Critical – D(0.71)

2. Discounts Jury in jury trials–a complete disrespect for the JURY SYSTEM Very, very favorable to Big Business Should not be on the bench Has other agendas 2010-01-27
View Survey Negative/Critical – D(1.00)

3. Very emotional, unpredictable. Favors defendants to a fault. Believes that he is the law. You don’t need a jury with this judge–he ignores jury decisions. 2009-12-29
View Survey – Negative/Critical – D-(0.52)

4. Most biased judge in California. Strongly favors business. Very emotional. 2009-12-29
View Survey – Negative/Critical – D(0.74)

5. Should be removed from the bench. 2009-12-29
View Survey – Not Classified – (F-1.00)\

6. Very Biased. No respect for decisions by jury. 2009-12-29
View Survey – Negative/Critical – (F-1.00)

7. He totally disregarded the jury verdict. 2009-12-29
View Survey – Not Classified – D(0.78)

8. This judge is totally out of control, egocentric, & emotional.

He has complete disrespect for jury decisions.

He is clearly very emotional and biased toward big business.

Look at his ratings.

In fact, look at his record when serving in DOJ–he effectively was fired because of emotional instability.

Most recent cases: Apple (2008). Pfizer(2008) — he overturned a unanimous jury verdict, and ignored Pfizer’s management prevarications which came to light in the $2.38 billion Pharmacia settlement. 2009-12-29
View Survey Negative/Critical – D(1.00)

9. Example of his reasoning; petitioner had good reason to file as there were changes in circumstances, dad exercised only 12% timeshare, not the 20% of record, dad’s income rose from 285k to 800k.

BUT child support met the kid’s needs and retroactive support would only be a windfall to mother.

The law mandates an increase in support when the timeshare lowers as support must be commensurate with timeshare, so even if dad had no increase in income, lowering dad’s timeshare mandated an increase in support of some amount.

Christ, I didn’t even go to law school and I can reason that one out. More reasoning; ignored argument for hearing on equitable grounds, said FC 2122 does not apply to setting aside a dismissal but CCP 473 does, ignoring the fact that blackmail and duress (not good cause under CCP 473) had been used both to get a settlement and to force a dismissal, ie duress used to deny access to the courts by one party.

Sanctions: awarded 285k in sanctions against unemployed mother to be paid to multimillionaire dad who had used the blackmail and threats to keep mother out of court. 2009-11-27
View Survey – Negative/Critical – D(1.00).”

Written by Padmini Arhant · Filed Under Ethics, Featured | Leave a Comment 

Kyrgyzstan – Ethnic Cleansing

June 18, 2010

By Padmini Arhant

The Central Asian nation, Kyrgyzstan bordering Uzbekistan, Kazakhstan, Tajikistan and China is home to 5.2 million ethnically diverse population with the Kyrgyz being the majority followed by the Uzbeks and other distinct groups in the society.

Recent ethnic violence where an estimated 400,000 is reportedly displaced having fled their homes with the Uzbek men, women and children targeted primarily between the two communities in the clashes that erupted from a political unrest back in April 2010.

Reflecting on the events then, the economic crisis and the energy prices combined with political corruption contributed to the massive public protest initially centered at the nation’s capital, Bishkek. It seemingly became widespread with casualties rising among the protesters and the riot police.

President Kurmanbek Bakiyev’s crackdown on independent news network, print press and websites information about the former administration’s alleged corruption scandal had angered the people and created more tension.

Subsequently, President Kurmanbek Bakiyev headed for Osh in South Kyrgyzstan and forced to resign by the opposition that had assumed power in the aftermath of the political uprising.

Meanwhile, the fallout between President Bakiyev and Kremlin on the Manas Air Base lease extension to the U.S. and NATO for the Afghan war logistic operation claimed to have expedited his ouster.

Accordingly it’s reported that “Vice-Chairman of the State Duma of Russia Vladimir Zhirinovsky stated that the United States was involved in events in Kyrgyzstan to gain control of Manas Air Base.”

President Kurmanbek Bakiyev is currently exiled in Belarus and implicated in the ethnic cleansing by the Kyrgyz government.

Juxtaposed, the Uzbeks accused the security forces for instigating the Kyrgyz mobs in the slaughtering, physical abuse, sexual assault of pregnant women and girls as young as 12.

The allegations are denied by the Kyrgyz military in the south contrary to the evidence.

Based on the facts and international eyewitness report, the innocent civilians are paying the price for the political crisis that has exploded into a violent humanitarian disaster.

As usual, neither the deposed nor the interim government is prepared to accept responsibility for the massacre suffered more by the Uzbeks leading to retaliation against the Kyrgyz, setting the nation for a civil war.

It’s imperative for the interim government led by the Kyrgyz leader, Roza Otunbayeva to restore law and order, rein in on the bloodshed and unite the country rather than letting it fall apart.

Any political power is legitimate only when it is capable of providing equal security and protection to all citizens regardless by maintaining the democratic system in governance.

Given the Kyrgyzstan history, the solidarity among various ethnic groups and tribes are quintessential for national stability and economic success. In fact, the Kyrgyzstan flag is symbolic of the unity between forty tribes and the red color embracing the southern region.

The killings and brutality against ethnic Uzbeks is deplorable and must cease at all costs. Similarly, attacks against Kyrgyz are equally reprehensible and the authorities in power not precluding the ousted President Bakiyev are accountable for the deteriorating situation.

Peaceful settlement of the political discord is a priority to save lives. Kyrgyz and Uzbeks are the citizens of Kyrgyzstan. Senseless conflict aimed at particular ethnic group annihilation or that of one another leads nowhere except self-inflicted grief and pain.

Truce between the fighting groups is paramount to avoid further escalation of violence.

Otherwise, there will be none left on either sides due to the political authorities’ quest for power superseding the urgency to promote national harmony.

Kyrgyzstan being strategically important to United States and Russia for their respective goals, the political influence impacts the sovereignty and threatens the ruling government’s viability.

Kyrgyz and Uzbeks reconciliation is dependent upon the political leadership’s resolve and commitment to unify them, besides responding to the desperate economic needs.

There is tremendous hope for peace to prevail upon mutual recognition to respect one another as human beings and Kyrgyzstan nationals.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Featured, Humanitarian | Leave a Comment 

Industrial and Environmental Disaster Victims Compensation

June 17, 2010

By Padmini Arhant

There appears to be a light at the end of the tunnel for the victims of the worst industrial and environmental disaster.

The energy company, BP’s agreement to compensate monetarily with $20 billion over three-year period for the Gulf Coast oil spill impact is a fair beginning.

It’s been set up without a cap and to be monitored by an independent administrator previously appointed to oversee the 9/11 families’ relief fund.

In fact, the urgency lies with the company’s daunting task to stop the gushing oil completely, otherwise ‘plug the hole.’

President Barack Obama’s initiative deserves credit for it enabled BP’s decision.

Now, it’s imperative not to proceed in the direction that has inherent risks with unsustainable loss of life and income to the communities along the coastal regions.

Abandoning offshore drilling in deep and shallow water is the ideal solution to prevent economic and environmental costs.

Some permanent damages to wild and marine life are incomparable for they exceed any likely benefits from oil exploration to attain energy independence, especially when there are absolute clean energy options available through solar, wind, hydropower, bio-fuel etc.

Similarly, the Bhopal victims’ plea for justice in the historic industrial negligence causing several thousand casualties and wreaking havoc in the surroundings with terminal illnesses, birth defects… making life impossible for the impoverished survivors exposed the long buried truth suspected in the failure to implicate the parent company, Union Carbide USA and its then CEO Mr. Warren Anderson.

As stated in the earlier blog post titled “Worst Industrial Catastrophe – Union Carbide / Dow Chemicals and Bhopal Victims of India,” published on June 12, 2010,

The deal between the parent company Union Carbide USA and the Indian government at the federal and state representation confirms the immunity granted to Union Carbide USA including the assurance to the then CEO’s safe departure prior to his arrival in India.

According to the latest reports, the US Envoy to India in 1984, Mr. Gordon Streeb, has come forward and disclosed the details in the agreement between the parent company Union Carbide USA and the Indian government at that time.

The international and Indian journalists, the primary witnesses at the site, corroborated the events leading to the unresolved dispute.

Further, the ex-CEO Mr. Warren Anderson concurred with the key elements in the Bhopal accident settlement during his recent interview.

Per the emerging reports, “the previous Indian government in a sweeping effort to westernize the status quo and transform the ‘socialist,’ economy to ‘capitalism,’ adopted appeasement strategies to lure foreign investments.

In that context, the Bhopal tragedy was an impediment to the measures due to the multinational corporation’s conspicuous mismanagement of the chemical plant.

Subsequently, the transaction materialized at the highest political and corporate level in the backdrop of the greatest industrial calamity.

Again, obstruction of justice through politics and prejudice is not territorial.

It’s an epidemic that has evolved into an unpleasant fact for the innocent deprived of free and fair judicial process.

Nevertheless, the incumbent Indian administration led by Prime Minister Manmohan Singh seemingly responding with the following appropriate actions:

A new institution called the “EGom,” – Empowered Group of Ministers have been designated with the responsibilities to address the Bhopal victims’ humanitarian needs by imposing a deadline i.e. June 24, 2010 to expedite the much awaited disaster aid.

Source: Indian News Media and the Indian Government Official Data.

Bhopal EGom”s Tall Order:

Work out enhanced compensation package for the survivors of the Bhopal gas explosion.

Provide relief and rehabilitation to the victims.

Determine ways to decontaminate the site not precluding soil and ground water testing to ensure safe living conditions.

Rigorous regulations on industrial mishaps with liabilities directly transferred to the corporations in violation.

Last but not the least, the Government contemplating Mr. Warren Anderson’s extradition request.

The diligence demonstrated by Prime Minister Manmohan Singh and the Congress Party Leader Sonia Gandhi is praiseworthy.

However, the challenge remains in implementing the executive order with none or minimal bureaucracy that often delays the anticipated results.

The victims have endured enormous suffering and any procrastination would exacerbate their plight.

Notwithstanding the government obligations since they are the fund recipient in the Bhopal dispute.

Regarding Mr. Warren Anderson’s extradition – considering the individual’s frail health and age (90+ years), a televised formal apology to the Bhopal victims would be morally and ethically sound, rather than subjecting the elderly defendant to legal proceedings.

Although, the affected citizens’ pain and agony over these years has been excruciating, their forgiveness of those incarcerated in the horrific incident could heal the ordeal experienced by them.

For human spirit is enriched through compassion.

It’s a long journey for the disaster victims in the east and the west, but there is hope with the leaderships on both sides striving hard to end the misery.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Environment, Ethics, Featured | Leave a Comment 

Worst Industrial Catastrophe – Union Carbide / Dow Chemicals and Bhopal Victims of India

June 12, 2010

By Padmini Arhant

On June 7, 2010, the verdict on the worst industrial gas leak in 1984, Bhopal, India was delivered by the state’s local court.

According to the several reports:

The ruling convicted the seven officials in senior management along with the employees of the former Union Carbide India Limited (UCIL), the then subsidiary of the Union Carbide, USA with CEO Warren Anderson at that time.

Conviction included two years jail sentence and Rupees 100,000($2,100, €1,800) in fine.

Understandably, the judgment aroused sentiments among the victims’ devastated families and the survivors.

The NGO’s and other organizations representing the victims welcomed the much awaited process brought to national and international attention after pursuing the legal course for more than twenty five years.

However, they expressed huge disappointment in the limited sentencing and the exemption to the then Parent Company, Union Carbide CEO Warren Anderson.

India’s request for the CEO’s extradition to face trial was rejected in June 2004 by the United States.

Mr. Warren Anderson was the CEO of Union Carbide U.S.A during the industrial disaster in 1984 and served the corporation until 1986.

Subsequently, Union Carbide in their statement delineated themselves from the gross industrial negligence that claimed scores of lives and continue to affect more, the living and the yet to be born evidenced in the birth defects as well as other illnesses diagnosed thus far.

Union Carbide U.S.A transferred all liabilities pertaining to Bhopal incident over to its then fully owned subsidiary Union Carbide India Limited, while accepting the revenues and profits from the offshore operation. Effectively reflected in the multinational corporation CEO’s income, stock options and bonuses.

Moreover, the facts supporting the systemic operational facility discrimination between the U.S site and the Bhopal plant was disregarded in the entire proceedings.

Source: Wikipedia.org titled Warren Anderson (Chairman)

“Greenpeace asserts that as the Union Carbide CEO, Anderson knew about a 1982 safety audit of the Bhopal plant, which identified 30 major hazards and that they were not fixed in Bhopal but were fixed at the company’s identical plant in the US.

Union Carbide asserts that the Bhopal plant addressed all of the identified issues well before the December 1984 gas leak and that none of them had anything to do with the disaster.

Greenpeace claims that neglecting these hazards in Bhopal caused the explosion.

Others, such as the former police chief Swaraj Puri, who was injured in the Bhopal disaster, asserts that Mr. Anderson must have known about the danger of the plant because an employee had died there a year before the disaster.”

Statistics on the human tragedy from this major industrial catastrophe are as follows:

Source: Indian Supreme Court, Madhya Pradesh government, Indian Council of Medical Research

Initial deaths – more than 3,000 – official toll

Unofficial initial toll: 7,000-8,000

Total deaths to date: over 15,000

Number affected: Nearly 600,000

Compensation: Union Carbide pays $470m in 1989

Unfortunately, for the survivors and the victims’ families, the issue is not restricted to the selective indictment or the mild sentencing on a monumental management failure;

It’s rather an uphill battle to investigate the matter because of the high profile corporate and political power implicated in the horrific crime, especially with more information presented through visual content in the Indian media that confirms,

The “most wanted” CEO, Warren Anderson escorted in an Indian state government vehicle for safe departure from the Indian shores upon being released on bail after his arrest in December 7, 1984.

Mr. Anderson noted as the “chief defendant” in the trial from the beginning was excluded in the recent hearing outcome.

Per Wikipedia.org:

Later, “the arrest warrant issued on July 31, 2009 by the Chief Judicial Magistrate, Prakash Mohan Tiwari, Bhopal, India rendered ineffective due to the U.S. declining the extradition treaty, citing a lack of evidence.”

It bears resemblance to the 9/11 tragedy when the terror mastermind, Osama Bin Laden’s family were reportedly allowed secure passage from the United States in 2001.

The dangers of politics and prejudice playing dominant role in the judicial system, often deprives the innocent from obtaining justice even in the democratic society.

Such obstruction of justice through political influence and camouflage from the top bottom makes a mockery of the judicial system in a democracy.

It’s increasingly prevalent in the trials that could potentially expose the authorities in bad light.

No political system is an exception to the concept.

Besides, the news corps media being the primary voice for democracy have a journalistic responsibility to decipher the intricacies behind the funds exchange between Union Carbide USA and the Indian government that received the disclosed $470 million compensation with or without any stipulation.

Although, the monetary compensation is not proportionate to the suffering and damages sustained by the victims,

It’s still important to ascertain the amount actually received (if any) by the affected individuals in the prolonged dispute and address the status quo adequately.

Setting the political priorities aside, the dire situation beckons the Indian and the U.S. entities to view the Bhopal victims’ plight as a humanitarian calamity and exemplify requiring transnational corporations to adhere to universal environmental and ethical standards in the globalization era.

Justice denied to the innocent is Justice betrayed. For actions and decisions by all are judged accordingly.

Bhopal victims deserve better considering the long ordeal endured by them.

Providing medical assistance, toxin free living conditions with continuous monitoring to eliminate the persisting health hazards are the minimal needs for survival.

Enforcing strict industrial safety codes and regulations would protect workers from serious occupational injuries.

In addition, imposing liability on the corporations regardless of statehood for human and environmental harm is necessary to prevent negligence and evading financial obligation.

Whether it is Bhopal, India or the Gulf Coast in the United States, the communities pay the price in the deadly chemical release and oil gusher.

Perhaps, the bilateral solution to the problem rests with the Indian and U.S authorities to do right by shifting the burden of proof from the victims to those connected to the horrendous casualty in the Bhopal gas explosion.

Thank you.

Padmini Arhant

Written by Padmini Arhant · Filed Under Featured, Humanitarian | Leave a Comment 

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