These are the profound words of our current Riverside Superior Court Presiding Judge, Mark Cope.
The below statement was part of a comment on the current budget crisis in our Superior Court, published in the Gavel Grab.
“People have a civil right, and therefore a constitutional right to have their issues resolved in a fair way,” the presiding judge in Riverside County, Mark Cope, said. “When they can’t get into court to have those issues heard … it’s a violation of those rights.”
On his online running platform, under justice, Judge Cope advocates that “The role of a judge is not to make law, but to apply it”.http://www.democracy.com/JudgeCope/issues.aspx?Tag=Justice
Although as litigants we truly appreciate the sentiment, the reality that parents and children deal with in the Riverside Superior Court is very different. Our cases are not heard and most of us have our constitutional rights violated on a day to day basis, with cases languishing for years as the Court refuses to address the legal standard required to overturn heinous criminal custody orders where parents and their children alike suffer and are tormented. The sentiment is to sweep everything under a rug hoping that we will go away or to perpetuate the malicious legal rape and battery that has become the norm. For most of us giving up on our children is not a possibility, as our children as parents are all we care about, and the Court is our only option.
Our constitution in this country guarantees that the relationship between parents and their children is accorded a protected preferential status and we have the first amendment right to have our cases addressed. The fourteenth amendment substantive due process right to a protected familial parent child relationship was already recognized in IDK, Inc. v. County of Clark, 836 F.2d 1185, 1192 (9th Cir. Nev. 1988) and Carey v.Population Services International, 431 U.S. 678, 684-685 (1977), where the United States Supreme Court repeatedly teaches that there is “a right of personal privacy” which includes “family relationships,” and child rearing and education.
We expect justice and we expect that the court addresses the law and that our protected rights under the constitution be treated that way. That scenario does not exist in the Riverside Superior Court. Why for example is a litigant denied access to the Court system for a year, while their paperwork vegetates on a desk somewhere? https://viewsandnewsriversidesuperiourcourts.wordpress.com/2013/08/05/riverside-superior-court-sabotages-litigation-against-the-best-interest-of-the-child-by-filing-a-document-one-year-later-after-it-was-received-ppeal/
Why are our children forced to suffer due to the heinous orders initiated by a court that violated all due process accorded by the relevant statute and the fourteenth amendment equal protection standard, merely as the relevant judicial officer wanted to teach a parent a lesson and was fixated on punishing a litigant with his/her children?
Why can none of us obtain the legal relief in the interest of justice that we are entitled to under the statute as there was a blatant miscarriage of justice which the court can correct pursuant to CCP section 128.(a)(8) and CA family code section 3022 and the Court refuses that we file the appropriate and necessary litigation to address these orders?
Words, your Honor are meaningless, unless the appropriate action mirroring those words is implemented, and we are accorded the relief that we are constitutionally entitled to.