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Maine Judges' Decisions




DIRTY DECISIONS
8-28-07 Scroll for recent article regarding Governor Baldacci's nominee to Supreme Court


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OUR STORY
Hi, My name is Paula. I designed this website to expose some injustices I experienced in the justice system. Ours is a story of desperation, yet a message of hope and inspiration. I hope to bring about change with my book, Dirty Decisions.

The judges in our case failed us terribly. The first injustice we encountered was in small claims court where the judge upheld a supposed "contract" that didn't contain the essential elements required to form a contract... price, description of work, or the other guy's signature! The judge said we agreed to work according to a price book we'd never signed to and that we testified we didn't have a copy of. The 2004 price book she said we agreed in 2003 to work according to didn't yet exist. Furthermore, the ambiguous "contract" was drawn up by the defendant's attorney and therefore should have been construed against him.

I knew that we had a good case. Under the doctrine of quantum meruit we should have been awarded at least the fair value of our services. That hasn't happened yet. Some of the most important evidence of the case has yet to be discovered... my efforts hampered by the judges themselves.

Moving up the justice ladder, I submitted a certiorari petition to the United States Supreme Court. The clerk wouldn't let the justices see it. He sent it back, citing the 1993 case Rowland V. California Men's Colony. In that decision, a group of prisoners was denied the right to represent themselves. They essentially said that it would cause procedural problems for the courts if the petitioners were allowed in forma pauperis status. The clerk mind you, not the justices, would not allow our case to proceed in forma pauperis because of the 1993 decision. We couldn't afford to hire an attorney. Fed up with the "just get over it" mentality, and rejection by the media to report my story, I said "I'll write it myself." As I researched the issues I felt were important, I came upon more stories of injustice and wrote about some of them as well.

In our case, the Maine Supreme Court issued a memorandum of decision... those sneaky little things explain nothing. The justices cited a decision in another Maine case as support for the ruling, judgment, decision... whatever it was. Our case was PJM Builders v. Maine-Wide Construction. I have provided links to both cases. Click on Maine Judges' Decisions Alley was decided on Halloween in 2002. Ours was decided on September 21, 2005. Both are very short decisions.

I've included in my book, the "I can't help you" letters from Maine officials who pretend to be proponents of justice. Personal journal entries and the transcript in Superior Court as well as heartfelt quotes make the book of law a little more readable. I include a history of legal representation rights, and even a few photos. The cost of my book is $25 plus $3 for shipping.

To order Dirty Decisions contact me at pjm@ainop.com or simply send a check or money order in the amount of

$28 payable to PJM Properties, P.O. Box 129, St. David ME 04773 Include the address where you want the book shipped to.

According to Rule 5(b) (2) (B) of Maine's Rules of Appellate Practice, without a transcript a case shall proceed with a review of the exhibits. There were ten exhibits in our case. The Maine Surpreme Court didn't even consider them.

Paula.

GOVERNOR'S VIOLATES CONSTITUTIONAL RIGHT TO TRIAL
He has done it. Baldacci announced that he plans to nominate Ellen Gorman to the Maine Supreme Court. Gorman recently ruled against my son in his medical malpractice case filed on March 23 of 2006 in Androscoggin County Superior Court. It took six years for the medical screening panel hearing to be scheduled. Their vote against my son meant nothing. It's supposed to discourage a plaintiff from pursuing their lawsuit or encourage a settlement by the medical professionals. The panel almost always finds in favor of the doctors.

What happened? My son's arm was broken and the physicians couldn't detect it from the poor-quality x-rays they took... also lacking in the proper views. They treated for a dislocation, causing him much pain and making his injury worse, much worse... they displaced the fracture. He ended up requiring surgery, and pinning of the bones in his arm. A valid claim worthy of review in a court of law? The judge says no. Please call the governor and tell him that this judge needs to explain why she is denying people their right to a trial.

Oh by the way, the law firm defending the physicians and hospital is the same law firm where the governor's chief counsel Michael Mahoney recently practiced, and the law firm which writes bonds and performs many services for the state. The law firm is Preti Flaherty.

Another Bad Decision came in September of 2005: My husband who was an employee of our CORPORATION filed for unemployment benefits after we laid off all employees at the end of 2004. The state called him self-employed, even though they charged our corporation unemployment taxes on his wages for five years. We appealed within the agency, about three times, each time losing. What else would you expect? I filed the appeal for Pete, to Superior Court, stating I had power of attorney. I didn't include the POA paperwork with the appeal. The attorney' general's office asked for it to be dismissed. My husband filed a letter with the court saying he knew I had filed it and wanted to pursue the case. Justice Ellen Gorman dismissed it with prejudice. Is this the type of judge you want in Maine's Supreme Court?

Only public uproar will get anything done. The judicial system is self-serving. Think about it! The more bad decisions the judges give, the more appeals fees the courts receive. The longer a prison guard can keep you in jail, the more secure his salary. Okay, maybe that's stretching things a bit, but you see how it works?

The legislature is self-serving. Teachers vote to raise teacher salaries, mill managers (Thomas Saviello) lobby for less stringent laws regarding pollution of rivers, owners of pharmacies (Joe Bruno) propose and vote to pass laws that allow one single pharmacist to oversee many locations, and allow a new pharmacy to open without official state inspection and approval! Why would a lawyer take a job as a Maine legislator when it only pays about $10000 per year? At $150 per hour, he can make that in a few weeks.

About the Clean Elections Act... it's just that, an act. Barbara and Phil Merrill are both attorneys. Barbara received nearly $1 million of Maine taxpayer dollars, some of that was paid to her husband (with no tax identification number for a business) for helping with the campaign. What will the Ethics Committee do? Nothing much but require disclosures and get a little stricter for the next campaign.

I am filing a complaint with the Committee for Judicial Responsibility, but they will most likely dismiss my complaint as they have done with my past complaints and complaints made by other Maine residents. The Committee is just something to make us feel protected. Oh by the way, Gorman is on the committee, as an alternate member.

Governor Baldacci recently received a letter from Carl Lindemann (who has ties to the media). Lindemann is calling for a special counsel to investigate Jean Ginn Marvin's failure to disclose her involvement with the Maine Heritage Policy Center back in 2004. Lindemann says he cannot file a complaint with the Ethics Committee regarding Ginn Marvin, since she serves on it as the chair. It's no surprise that The Maine Heritage Policy Center is a supporter of TABOR... Baldacci isn't. If he were, we'd have heard nothing further about the failure to disclose.

Governor Baldacci's office phone # is 207 287-3531. Ask him what he plans to do to investigate the denial of a trial to Maine resident and taxpayer Aaron Michaud, by Gorman... his apparent nominee for Justice of Maine's Supreme Court.


pjm@ainop.com
P.O. Box 129
St David ME 04773

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