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	<title>Comments on: In Defense of Judge James Michael Shull (Part III)</title>
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	<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/</link>
	<description>Men&#039;s Rights Activism, MRA Politics, Analysis, Commentary and Global News</description>
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		<title>By: NotNOW</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54233</link>
		<dc:creator>NotNOW</dc:creator>
		<pubDate>Mon, 05 Nov 2007 21:35:58 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54233</guid>
		<description>Roger, 

I, too, have been wondering about the apparently absent photographs.  Had photos been presented in court, pants-dropping would not have been necessary.  Perhaps litigants knew that photos would not be convincing enough, given the extent of injury, so they opted to hope that the judge wouldn&#039;t ask and would just take &quot;her&quot; word?  Knowing they could make a fuss about not being believed, because what judge in his right mind, given the state of affairs, would ever choose to make an accusing woman prove her accusation?

Case could have been extended, with the judge asking for photos, but then there would have been additional lawyerly fees incurred, as well as opportunity to enhance said injuries, and perhaps the judge didn&#039;t wish to make the parties pay more to lawyers.  

As for coin-flipping, it is not the best of judicial techniques, but as I understand it the flip was just about who got the FIRST Christmas, on an alternating schedule, not all Christmases.  Is that not what it was about (someone....?)?

The whole thing stinks to high heaven.  I feel a letter to the editor coming on.</description>
		<content:encoded><![CDATA[<p>Roger, </p>
<p>I, too, have been wondering about the apparently absent photographs.  Had photos been presented in court, pants-dropping would not have been necessary.  Perhaps litigants knew that photos would not be convincing enough, given the extent of injury, so they opted to hope that the judge wouldn&#8217;t ask and would just take &#8220;her&#8221; word?  Knowing they could make a fuss about not being believed, because what judge in his right mind, given the state of affairs, would ever choose to make an accusing woman prove her accusation?</p>
<p>Case could have been extended, with the judge asking for photos, but then there would have been additional lawyerly fees incurred, as well as opportunity to enhance said injuries, and perhaps the judge didn&#8217;t wish to make the parties pay more to lawyers.  </p>
<p>As for coin-flipping, it is not the best of judicial techniques, but as I understand it the flip was just about who got the FIRST Christmas, on an alternating schedule, not all Christmases.  Is that not what it was about (someone&#8230;.?)?</p>
<p>The whole thing stinks to high heaven.  I feel a letter to the editor coming on.</p>
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		<title>By: Roger Knight</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54223</link>
		<dc:creator>Roger Knight</dc:creator>
		<pubDate>Mon, 05 Nov 2007 19:09:01 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54223</guid>
		<description>The doctrine of judicial immunity is a sham.  No matter how badly a judge fouls up your case, you, as a citizen, cannot personally hold him accountable.

Only the federal grand jury can hold a judge accountable for such crimes as bribery or peonage.

But let a judge do the right thing in a child custody case that is politically incorrect, and he will be disciplined.  The state of Virginia has proven itself that there is no independent judiciary and that its judges are not free to render lawfully correct decisions where they are politically incorrect.

Family Lawyer, while it is not the first time Judge Shull been hot water for judicial &quot;misconduct&quot;, I will say that had he not found in favor of the father in consideration of the patently false DV allegation, he would not have been disciplined.  Everything else is just pretext.  Ask your collegues in employment discrimination law about pretext and they can tell you what the term means.

The stated reason for a firing is not always the actual reason for the firing.

Should a litigant&#039;s right to a fair hearing depend whether the judge&#039;s professional life is &quot;above reproach&quot; or that he has a history of human mistakes already made?

Here is the thing that strikes me as particualry odd about this DV case.  In many DV cases, medical personnel at hospitals and emergency clinics photograph the injuries.  Prosecutors love to present such evidence because juries have heard all about the false accusations.  In the Wenatchee Witch Hunt cases, the question was where are the injuries that would have resulted from such terrible things that were alleged?  How did the defendants commit such horrible acts upon the children without leaving any physical marks or injuries?

Present photographs, get conviction.  No photographs and acquittal sometimes happens as the jury is instructed that lack of evidence can be the basis of a reasonable doubt.

Why were such clinic or hospital photographs not placed into evidence and authenticated by impartial medical personnel and thus avoid the need for Judge Shull to view the injuries himself?

Good question, I believe.</description>
		<content:encoded><![CDATA[<p>The doctrine of judicial immunity is a sham.  No matter how badly a judge fouls up your case, you, as a citizen, cannot personally hold him accountable.</p>
<p>Only the federal grand jury can hold a judge accountable for such crimes as bribery or peonage.</p>
<p>But let a judge do the right thing in a child custody case that is politically incorrect, and he will be disciplined.  The state of Virginia has proven itself that there is no independent judiciary and that its judges are not free to render lawfully correct decisions where they are politically incorrect.</p>
<p>Family Lawyer, while it is not the first time Judge Shull been hot water for judicial &#8220;misconduct&#8221;, I will say that had he not found in favor of the father in consideration of the patently false DV allegation, he would not have been disciplined.  Everything else is just pretext.  Ask your collegues in employment discrimination law about pretext and they can tell you what the term means.</p>
<p>The stated reason for a firing is not always the actual reason for the firing.</p>
<p>Should a litigant&#8217;s right to a fair hearing depend whether the judge&#8217;s professional life is &#8220;above reproach&#8221; or that he has a history of human mistakes already made?</p>
<p>Here is the thing that strikes me as particualry odd about this DV case.  In many DV cases, medical personnel at hospitals and emergency clinics photograph the injuries.  Prosecutors love to present such evidence because juries have heard all about the false accusations.  In the Wenatchee Witch Hunt cases, the question was where are the injuries that would have resulted from such terrible things that were alleged?  How did the defendants commit such horrible acts upon the children without leaving any physical marks or injuries?</p>
<p>Present photographs, get conviction.  No photographs and acquittal sometimes happens as the jury is instructed that lack of evidence can be the basis of a reasonable doubt.</p>
<p>Why were such clinic or hospital photographs not placed into evidence and authenticated by impartial medical personnel and thus avoid the need for Judge Shull to view the injuries himself?</p>
<p>Good question, I believe.</p>
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		<title>By: snootfish</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54220</link>
		<dc:creator>snootfish</dc:creator>
		<pubDate>Mon, 05 Nov 2007 17:28:50 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54220</guid>
		<description>I agree that there is nothing offensive about fliing a coin.

If the parties are equally suitable, it is entirely appropriate.

It is the ultimate in equalty -- both have an equal chance.

The judge is just being honest -- neither parent is superior and both have good points or similar bad points.  A coin flip is down right fair.

If women knew they had a 50% chance of losing a coin flip, they might be less flippant about filing for divorce anyway.

Besides, wasn&#039;t the coin flip just about Christimas -- not total custody.</description>
		<content:encoded><![CDATA[<p>I agree that there is nothing offensive about fliing a coin.</p>
<p>If the parties are equally suitable, it is entirely appropriate.</p>
<p>It is the ultimate in equalty &#8212; both have an equal chance.</p>
<p>The judge is just being honest &#8212; neither parent is superior and both have good points or similar bad points.  A coin flip is down right fair.</p>
<p>If women knew they had a 50% chance of losing a coin flip, they might be less flippant about filing for divorce anyway.</p>
<p>Besides, wasn&#8217;t the coin flip just about Christimas &#8212; not total custody.</p>
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		<title>By: Lloyd Selberg</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54207</link>
		<dc:creator>Lloyd Selberg</dc:creator>
		<pubDate>Mon, 05 Nov 2007 14:51:41 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54207</guid>
		<description>FamilyLawyer

Apparently you failed to read all parts of Glen’s article in which he supports the “good judge’s”   flipping a coin to determent Christmas visitation schedule.   

After the thousands of cases I have observed, the only problem I can see with flipping a coin to settle most family disputes is that it doesn’t give family law attorneys the opportunity to bill clients for additional litigation.  As all that experience a divorce will acknowledge, the primary objective is of custody litigation is to make work for attorneys.   

If disputed primary residential custody between two equally fit parents were determined buy flip a coin, the outcome would serve justice far better than the current system.</description>
		<content:encoded><![CDATA[<p>FamilyLawyer</p>
<p>Apparently you failed to read all parts of Glen’s article in which he supports the “good judge’s”   flipping a coin to determent Christmas visitation schedule.   </p>
<p>After the thousands of cases I have observed, the only problem I can see with flipping a coin to settle most family disputes is that it doesn’t give family law attorneys the opportunity to bill clients for additional litigation.  As all that experience a divorce will acknowledge, the primary objective is of custody litigation is to make work for attorneys.   </p>
<p>If disputed primary residential custody between two equally fit parents were determined buy flip a coin, the outcome would serve justice far better than the current system.</p>
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		<title>By: CaptDMO</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54203</link>
		<dc:creator>CaptDMO</dc:creator>
		<pubDate>Mon, 05 Nov 2007 13:43:50 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54203</guid>
		<description>Sheesh, now I&#039;m going to have to examine what ELSE
the current members of The Virginia Supreme Court have
graced us with in the last 10 years, as well as exactly
WHO ensconced them.</description>
		<content:encoded><![CDATA[<p>Sheesh, now I&#8217;m going to have to examine what ELSE<br />
the current members of The Virginia Supreme Court have<br />
graced us with in the last 10 years, as well as exactly<br />
WHO ensconced them.</p>
]]></content:encoded>
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		<title>By: CaptDMO</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54202</link>
		<dc:creator>CaptDMO</dc:creator>
		<pubDate>Mon, 05 Nov 2007 13:37:22 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54202</guid>
		<description>Wow!
How come all I can hear from the talking heads is-
He MADE her drop her pants!
He made a comment about her UNDER WARE!
He TOLD a woman to marry her abusive boyfriend!
And of course, He FLIPPED A COIN!

Strangely, no one but Mr. Sacks seems to want the details to
accompany the outrage fodder for New World Order dupes.</description>
		<content:encoded><![CDATA[<p>Wow!<br />
How come all I can hear from the talking heads is-<br />
He MADE her drop her pants!<br />
He made a comment about her UNDER WARE!<br />
He TOLD a woman to marry her abusive boyfriend!<br />
And of course, He FLIPPED A COIN!</p>
<p>Strangely, no one but Mr. Sacks seems to want the details to<br />
accompany the outrage fodder for New World Order dupes.</p>
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		<title>By: FamilyLawyer</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54199</link>
		<dc:creator>FamilyLawyer</dc:creator>
		<pubDate>Mon, 05 Nov 2007 11:47:22 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54199</guid>
		<description>Of course, you fail to report the rest of the story Sacks.  This is not the first time that the &quot;good judge&quot; has been brought up on charges before the Court.  

Where was your outrage when he was brought up on charges for flipping a coin to determine who would have custody of a child for Christmas?</description>
		<content:encoded><![CDATA[<p>Of course, you fail to report the rest of the story Sacks.  This is not the first time that the &#8220;good judge&#8221; has been brought up on charges before the Court.  </p>
<p>Where was your outrage when he was brought up on charges for flipping a coin to determine who would have custody of a child for Christmas?</p>
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		<title>By: snootfish</title>
		<link>http://mensnewsdaily.com/2007/11/04/in-defense-of-judge-james-michael-shull-part-iii/comment-page-1/#comment-54190</link>
		<dc:creator>snootfish</dc:creator>
		<pubDate>Mon, 05 Nov 2007 09:11:31 +0000</pubDate>
		<guid isPermaLink="false">http://glennsacks.com/blog/?p=1373#comment-54190</guid>
		<description>It sounds like he wasn&#039;t outside the presence of the parties. They knew about it. They were present. They didn&#039;t object.  He didn&#039;t violate the rule.  

It seems more than evident to me that he is being punished for not doing what the unwritten rule requires -- rule for the woman. He also violated the correllary of this Rule -- never rule against the woman.  Particularly, don&#039;t find she lied.</description>
		<content:encoded><![CDATA[<p>It sounds like he wasn&#8217;t outside the presence of the parties. They knew about it. They were present. They didn&#8217;t object.  He didn&#8217;t violate the rule.  </p>
<p>It seems more than evident to me that he is being punished for not doing what the unwritten rule requires &#8212; rule for the woman. He also violated the correllary of this Rule &#8212; never rule against the woman.  Particularly, don&#8217;t find she lied.</p>
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