NJSBA Family Law Section

Listmates,

Scheduled for return date of Order To Show Cause next week and just received a copy of a letter addressed to judge from adversary wherein he has attached a child's CONFIDENTIAL intake documents and progress notes revealing statements made by mother, father, and the minor daughter.  Contains tremendous number of hearsay statements but adversary claims in his letter that he is submitting as Business Records.  I do not agree.  The hearing is next week and the judge never requested a submission. 

In addition, my adversary also attached my client's workplace write-up wherein he was briefly suspended for comments made but was brought back a full duty after his explanation was provided. 

I am shocked that that my adversary submitted these docs to the judge prior to the hearing while informing the judge that this is "ample evidence to demonstrate without further information" that "my client should not see his daughter until he undergoes a psychological exam."  

Does anyone see this as grounds for requesting for a recusal of judge and ethics violation for adversary.  If not, any suggestions would be appreciated.     

-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------

Eric:

have you considered that your adversary may be reading this forum?

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 09-20-2013 12:05
From: Eric Hannum
Subject: Adversary Submitting Evidence to Judge Before Hearing

Listmates,

Scheduled for return date of Order To Show Cause next week and just received a copy of a letter addressed to judge from adversary wherein he has attached a child's CONFIDENTIAL intake documents and progress notes revealing statements made by mother, father, and the minor daughter.  Contains tremendous number of hearsay statements but adversary claims in his letter that he is submitting as Business Records.  I do not agree.  The hearing is next week and the judge never requested a submission. 

In addition, my adversary also attached my client's workplace write-up wherein he was briefly suspended for comments made but was brought back a full duty after his explanation was provided. 

I am shocked that that my adversary submitted these docs to the judge prior to the hearing while informing the judge that this is "ample evidence to demonstrate without further information" that "my client should not see his daughter until he undergoes a psychological exam."  

Does anyone see this as grounds for requesting for a recusal of judge and ethics violation for adversary.  If not, any suggestions would be appreciated.     

-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------

Maybe Eric's hoping that he will be reading it (venting lol).

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 09-20-2013 17:08
From: Robert Goldstein
Subject: Adversary Submitting Evidence to Judge Before Hearing

Eric:

have you considered that your adversary may be reading this forum?

-------------------------------------------
Robert Goldstein Esq.
Manalapan NJ
(732)972-1600

-------------------------------------------






Original Message:
Sent: 09-20-2013 12:05
From: Eric Hannum
Subject: Adversary Submitting Evidence to Judge Before Hearing

Listmates,

Scheduled for return date of Order To Show Cause next week and just received a copy of a letter addressed to judge from adversary wherein he has attached a child's CONFIDENTIAL intake documents and progress notes revealing statements made by mother, father, and the minor daughter.  Contains tremendous number of hearsay statements but adversary claims in his letter that he is submitting as Business Records.  I do not agree.  The hearing is next week and the judge never requested a submission. 

In addition, my adversary also attached my client's workplace write-up wherein he was briefly suspended for comments made but was brought back a full duty after his explanation was provided. 

I am shocked that that my adversary submitted these docs to the judge prior to the hearing while informing the judge that this is "ample evidence to demonstrate without further information" that "my client should not see his daughter until he undergoes a psychological exam."  

Does anyone see this as grounds for requesting for a recusal of judge and ethics violation for adversary.  If not, any suggestions would be appreciated.     

-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------

Sounds like we have the same current adversary. There's probably an after hours fax in our tray from Friday an a new piece of "evidence" for the judge even as I write this.

Not sure what you're talking about when referring to "intake documents." For school?

You won't get a recusal. R. 1:7-3 lets you put objectionable evidence on the record, including bench trials, so there is an underlying assumption (that Learned Hand, for instance, did not agree with) that the trier will ably disregard such proffers. The same applies to your situation.

As to ethics, that would be wonderful, as many ethics pundits would argue that any purposeful violation of the Rules of Court equals an ethical breach. R. 1:6-6 is a glowing example of an area that is desecrated regularly.

Now... you're heading for a return date, not a hearing, correct?

In a similar situation I had recently, I was a cross-movant facing inappropriate inclusions of confidential information, violating the marriage counselors privilege (the most durable of all privileges, oddly enough. As soon as I entered my appearance, I asked to be heard on a kind of ad hoc in limine motion, which request was granted. Following my argument and before the written applications were heard, the judge struck the objectionable content. 

If it's just the return date, I wouldn't think anything would be dispositive without a hearing as to issues in dispute. Also, you don't just get to say "803(c)(6), so it gets in," without establishing the necessary foundation. Since it's not either party's "business record," someone whose business record it is needs to satisfy the foundational requirements. I see this neglected all the time by slumbering attorneys.

Hope this helps, my dear friend.


































------------

Curt,

You are correct.  I actually am hoping my adversary reads the post. 

The intake documents were actually related to the daughter's admission into the PES unit at Jersey Shore Medical Center.  Last year, she was thirteen and assaulted her mother requiring the mother to be treated at the hospital.  My client thought it best to get his daughter some psychological help.  The treating therapist included her opinions and perceptions at the time of admission and during her stay at the PES unit.   Regardless of the exception, the intake documents and my client's work related write up should never have been mailed to the judge for her review prior to the hearing. 

As to the work related write up, the now ex-fiance has befriended my client's previous girlfriend and the two of them are tag teaming my client.  I can only assume the now ex-fiance provided the previous girlfriend the write up which is now being used to make claims that my guy needs some form of therapy because of his statements at work.  Curiously, once my client explained his comments to his superiors, the matter was closed. 

I don't believe I will get the recusal but I am going to make a record regarding the manner by which my adversary simply mailed evidence to the judge with no request from the Court.  Regardless of the outcome, I am also going to ask for sanctions against him.  To submit evidence via mail and include his one sided opinion as to the weight of the evidence and its relevance should be deemed a violation. 

The return date for the OTSC is also the hearing date. 

Thank you for the assist and hopefully see you soon.

Best as always,
Eric



-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------






Original Message:
Sent: 09-21-2013 10:11
From: Curtis Romanowski
Subject: Adversary Submitting Evidence to Judge Before Hearing

Sounds like we have the same current adversary. There's probably an after hours fax in our tray from Friday an a new piece of "evidence" for the judge even as I write this.

Not sure what you're talking about when referring to "intake documents." For school?

You won't get a recusal. R. 1:7-3 lets you put objectionable evidence on the record, including bench trials, so there is an underlying assumption (that Learned Hand, for instance, did not agree with) that the trier will ably disregard such proffers. The same applies to your situation.

As to ethics, that would be wonderful, as many ethics pundits would argue that any purposeful violation of the Rules of Court equals an ethical breach. R. 1:6-6 is a glowing example of an area that is desecrated regularly.

Now... you're heading for a return date, not a hearing, correct?

In a similar situation I had recently, I was a cross-movant facing inappropriate inclusions of confidential information, violating the marriage counselors privilege (the most durable of all privileges, oddly enough. As soon as I entered my appearance, I asked to be heard on a kind of ad hoc in limine motion, which request was granted. Following my argument and before the written applications were heard, the judge struck the objectionable content. 

If it's just the return date, I wouldn't think anything would be dispositive without a hearing as to issues in dispute. Also, you don't just get to say "803(c)(6), so it gets in," without establishing the necessary foundation. Since it's not either party's "business record," someone whose business record it is needs to satisfy the foundational requirements. I see this neglected all the time by slumbering attorneys.

Hope this helps, my dear friend.


































------------

Curt: 

I would really like to hear about the outcome because it would be very helpful to me in one of my cases.  In my jaded and cynical opinion, the judge (unknown to me) will use it against your client despite your protest.  I think this because I find a general bias against fathers and toward children and their mothers in the family courts.

Perhaps this comes out of my more recent experience handling DYFS (now DCPP) cases as an attorney for the parents.  

Additionally, per your thought of an ethics complaint, I have usually seen ethics committees turn down complaints during pending litigation...so they may not handle your complaint until post this litigation.  

Best of luck,

Marianne

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

-------------------------------------------






Original Message:
Sent: 09-22-2013 13:19
From: Eric Hannum
Subject: Adversary Submitting Evidence to Judge Before Hearing

Curt,

You are correct.  I actually am hoping my adversary reads the post. 

The intake documents were actually related to the daughter's admission into the PES unit at Jersey Shore Medical Center.  Last year, she was thirteen and assaulted her mother requiring the mother to be treated at the hospital.  My client thought it best to get his daughter some psychological help.  The treating therapist included her opinions and perceptions at the time of admission and during her stay at the PES unit.   Regardless of the exception, the intake documents and my client's work related write up should never have been mailed to the judge for her review prior to the hearing. 

As to the work related write up, the now ex-fiance has befriended my client's previous girlfriend and the two of them are tag teaming my client.  I can only assume the now ex-fiance provided the previous girlfriend the write up which is now being used to make claims that my guy needs some form of therapy because of his statements at work.  Curiously, once my client explained his comments to his superiors, the matter was closed. 

I don't believe I will get the recusal but I am going to make a record regarding the manner by which my adversary simply mailed evidence to the judge with no request from the Court.  Regardless of the outcome, I am also going to ask for sanctions against him.  To submit evidence via mail and include his one sided opinion as to the weight of the evidence and its relevance should be deemed a violation. 

The return date for the OTSC is also the hearing date. 

Thank you for the assist and hopefully see you soon.

Best as always,
Eric



-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------






Original Message:
Sent: 09-21-2013 10:11
From: Curtis Romanowski
Subject: Adversary Submitting Evidence to Judge Before Hearing

Sounds like we have the same current adversary. There's probably an after hours fax in our tray from Friday an a new piece of "evidence" for the judge even as I write this.

Not sure what you're talking about when referring to "intake documents." For school?

You won't get a recusal. R. 1:7-3 lets you put objectionable evidence on the record, including bench trials, so there is an underlying assumption (that Learned Hand, for instance, did not agree with) that the trier will ably disregard such proffers. The same applies to your situation.

As to ethics, that would be wonderful, as many ethics pundits would argue that any purposeful violation of the Rules of Court equals an ethical breach. R. 1:6-6 is a glowing example of an area that is desecrated regularly.

Now... you're heading for a return date, not a hearing, correct?

In a similar situation I had recently, I was a cross-movant facing inappropriate inclusions of confidential information, violating the marriage counselors privilege (the most durable of all privileges, oddly enough. As soon as I entered my appearance, I asked to be heard on a kind of ad hoc in limine motion, which request was granted. Following my argument and before the written applications were heard, the judge struck the objectionable content. 

If it's just the return date, I wouldn't think anything would be dispositive without a hearing as to issues in dispute. Also, you don't just get to say "803(c)(6), so it gets in," without establishing the necessary foundation. Since it's not either party's "business record," someone whose business record it is needs to satisfy the foundational requirements. I see this neglected all the time by slumbering attorneys.

Hope this helps, my dear friend.


































------------

Marianne...

This was not my post. It was Eric Hannum's. I just commented on his. I got the outcome I wanted in my recent case. Maybe you should redirect your post to Eric. Cheers!

-------------------------------------------
Curtis Romanowski Esq.
Senior Attorney - Proprietor
Brielle NJ
(732)603-8585

-------------------------------------------






Original Message:
Sent: 09-22-2013 14:51
From: Marianne Auriemma
Subject: Adversary Submitting Evidence to Judge Before Hearing

Curt: 

I would really like to hear about the outcome because it would be very helpful to me in one of my cases.  In my jaded and cynical opinion, the judge (unknown to me) will use it against your client despite your protest.  I think this because I find a general bias against fathers and toward children and their mothers in the family courts.

Perhaps this comes out of my more recent experience handling DYFS (now DCPP) cases as an attorney for the parents.  

Additionally, per your thought of an ethics complaint, I have usually seen ethics committees turn down complaints during pending litigation...so they may not handle your complaint until post this litigation.  

Best of luck,

Marianne

-------------------------------------------
Marianne Auriemma Esq.
Maywood NJ
(201)712-9663

-------------------------------------------






Original Message:
Sent: 09-22-2013 13:19
From: Eric Hannum
Subject: Adversary Submitting Evidence to Judge Before Hearing

Curt,

You are correct.  I actually am hoping my adversary reads the post. 

The intake documents were actually related to the daughter's admission into the PES unit at Jersey Shore Medical Center.  Last year, she was thirteen and assaulted her mother requiring the mother to be treated at the hospital.  My client thought it best to get his daughter some psychological help.  The treating therapist included her opinions and perceptions at the time of admission and during her stay at the PES unit.   Regardless of the exception, the intake documents and my client's work related write up should never have been mailed to the judge for her review prior to the hearing. 

As to the work related write up, the now ex-fiance has befriended my client's previous girlfriend and the two of them are tag teaming my client.  I can only assume the now ex-fiance provided the previous girlfriend the write up which is now being used to make claims that my guy needs some form of therapy because of his statements at work.  Curiously, once my client explained his comments to his superiors, the matter was closed. 

I don't believe I will get the recusal but I am going to make a record regarding the manner by which my adversary simply mailed evidence to the judge with no request from the Court.  Regardless of the outcome, I am also going to ask for sanctions against him.  To submit evidence via mail and include his one sided opinion as to the weight of the evidence and its relevance should be deemed a violation. 

The return date for the OTSC is also the hearing date. 

Thank you for the assist and hopefully see you soon.

Best as always,
Eric



-------------------------------------------
Eric Hannum Esq.
Jackson NJ
(732)370-9596

-------------------------------------------






Original Message:
Sent: 09-21-2013 10:11
From: Curtis Romanowski
Subject: Adversary Submitting Evidence to Judge Before Hearing

Sounds like we have the same current adversary. There's probably an after hours fax in our tray from Friday an a new piece of "evidence" for the judge even as I write this.

Not sure what you're talking about when referring to "intake documents." For school?

You won't get a recusal. R. 1:7-3 lets you put objectionable evidence on the record, including bench trials, so there is an underlying assumption (that Learned Hand, for instance, did not agree with) that the trier will ably disregard such proffers. The same applies to your situation.

As to ethics, that would be wonderful, as many ethics pundits would argue that any purposeful violation of the Rules of Court equals an ethical breach. R. 1:6-6 is a glowing example of an area that is desecrated regularly.

Now... you're heading for a return date, not a hearing, correct?

In a similar situation I had recently, I was a cross-movant facing inappropriate inclusions of confidential information, violating the marriage counselors privilege (the most durable of all privileges, oddly enough. As soon as I entered my appearance, I asked to be heard on a kind of ad hoc in limine motion, which request was granted. Following my argument and before the written applications were heard, the judge struck the objectionable content. 

If it's just the return date, I wouldn't think anything would be dispositive without a hearing as to issues in dispute. Also, you don't just get to say "803(c)(6), so it gets in," without establishing the necessary foundation. Since it's not either party's "business record," someone whose business record it is needs to satisfy the foundational requirements. I see this neglected all the time by slumbering attorneys.

Hope this helps, my dear friend.


































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