Tag Archives: Judge Jergins

Rites de Passage: High School Graduation in Austin, Texas, May 29, 2010

Harmony Science Academy is a “Charter School” with several branches, including one in Austin.  According to Wikipedia: “Charter schools are primary or secondary schools in the United States that receive public money (and like other schools, may also receive private donations) but are not subject to some of the rules, regulations, and statutes that apply to other public schools in exchange for some type of accountability for producing certain results, which are set forth in each school’s charter.[1] Charter schools are opened and attended by choice.[2] While charter schools provide an alternative to other public schools, they are part of the public education system and are not allowed to charge tuition.” (June 5, 2010).

My son was born on August 23, 1992, during the onset of Hurricane Andrew in Palm Beach, Florida, so he had just completed 17 years and 9 months of life on Sunday May 23, 2010.  The following Saturday he graduated High School at Harmony Science Academy with a National Honor Society cowl/hood/ribbon around his neck with about 30 other students.  I was there, like many other proud and happy parents.  My son had survived a rather strange childhood fraught with weird traumas of which his mother and I were the primary, material and efficient, causes, although I would submit perhaps neither of us were the formal and final causes—because those higher levels of causation are to be found outside us and in the socio-political structure of our society.

Rites de Passage shape us, and many people hold that graduating from High School is the key rite of American life (as evidenced in the hundreds or thousands of movies, TV shows, and books—and ranging in each category from the good, to the bad, to the truly awful—-which focus on the difficulty or angst of adolescence and high school).

But adults have a role in the rites de passage of their children, also.  My son wanted me to be there for his graduation and so I was.  What was peculiar was that this was the first event at Harmony Science Academy which I had ever attended (and Graduation Commencement wasn’t actually “at” Harmony Science Academy, but at a Marriot Hotel in Round Rock about 12 miles north of the actual school in one of those large expandable or dividable conference rooms that most modern hotels have these days).

Yes, I was there, with Charlie’s mother Elena and Greek Grandmother Nina, but I had never met any of Charlie’s fellow students before.  Charlie had started Harmony Science Academy in Sixth Grade, and on the damnable advice or directions of Williamson County Guardian ad Litem Laurie J. Nowlin I was never “officially” told about Charlie’s enrollment—although the officers of Cedar Park Middle School had informed me immediately, much to their credit.  I had sought Laurie J. Nowlin out to act as an attorney ad litem for Charlie after his mother and I separated in Late July/August 2002.  Laurie J. Nowlin had immediately affirmed to me that Charlie wanted to live with me and that his feelings on the subject were fairly intense.   Money may have passed hands between Elena and Laurie—I’ll never know—there was evidence to that effect but of course bribery is an awfully ugly word (even when most relevant statutes of limitation have long since run).

But the simple truth is that Charlie, with whom I had been best friends up until age 10, as well as a reasonably good father, was not only placed against his express wishes and fears in his mother’s custody by Judge Michael Jergins of the 395th Judicial District of Williamson County, but was completely isolated from me for two full years (Memorial Day, May 2003-June 5, 2005), and I was excluded from his school life at Harmony Science  Academy until his graduation day (except for a couple of e-mail communications with an English teacher sometime in 2006-2007, and occasionally Charlie let me see his report cards and help with homework, especially in 2008-2010).   Judge Michael Jergins and his acolytes Laurie J. Nowlin, James Randall Grimes, and Michael P. Davis had an amazingly brutal custom, practice, and policy of determining, against both men and women, that the unchallenged truthful exercise of freedom of speech regarding basic questions of happiness and conditions of living between a father and son constituted “felony child abuse” (yes, those were Judge Jergins’ words).   Judge Jergins routinely included “prior restraints” on speech in all of his domestic relations orders, and had jailed at least one woman, Rhonda Moe, for 90 days for discussions with her son.  The licensing of speech, expression, petition, and associative activities which existed in England and her colonies prior to the Revolution was banned in the Early Republic, but has gradually crept back in under different guises and forms.  Nebraska_Press_Association_v_Stuart_1976 (Before any judicial prior restraints can be imposed on First Amendment activities, certain specific findings of fact and conclusions of law must be made, and of course, neither Judge Jergins nor any other family law judge in Texas ever bothers with these constitutional requirements). See also  Gregg Abbott, the Texas Attorney General, and James Carlton Todd, a Texas Deputy Attorney General, defended Jergins vigorously in litigation that I filed and pushed forward from 2003-2008.

Anyhow, Harmony Science Academy was a perfect place, in so many ways, in and from which to watch the destruction of the American Way of Life, Constitutional Democracy and World Culture in general as exemplified by Charlie’s life, Judge Michael Jergins, and Laurie J. Nowlin.

Now, to start off with, Charlie is half-Greek, on his mother’s side, and the Greeks historically live in enmity with the Turks, who conquered Greece and the Greek-ruled Byzantine Empire in the 15th century, almost reaching the gates of Vienna in the mid-16th century.  So, the first irony about Charlie attending Harmony Science Academy was that this Charter School was run by Turks.  (How so many Turks ever arrived in Austin, Texas, is quite beyond me, but many of them seem to have immigrated to the U.S. during the massive influx of South Asians that seems to have been a special Bush-Clinton project of the late 1980s-1990s, which brought Indians and Pakistanis into ownership or management of most motels and gasoline stations nationwide, cf. e.g. Patels’ Motels and Dhando, which traces the origins to about 1973 and the end of the India-Pakistan war over Bangladesh).   I always applauded French Presidents Giscard d’Estaing and Nicolas Sarkozy for opposing Turkish membership in the E.U., even as I recall driving along the highways of Serbia and Macedonia (and before that Yugoslavia) and Bulgaria, packed with Turks migrating by bus, car, and truck to guest-worker status in Austria and Germany.  These Turkish legal immigrants into Central Europe far outnumber the Ottoman warriors of the 14th-17th centuries who tried to conquer Europe by force (and did in fact dominate Southeastern Europe until the late 19th century).

At Charlie’s Harmony Science Academy graduation, there were two costumed ethnic dances: one Turkish and one Mexican.  The entire graduation was translated (either by immediate live translators or on screen by written texts) into Spanish as a “second but very nearly equal” language.  I speak Spanish fluently myself, and am not exactly opposed to bilingualism, but I couldn’t help but think of the contrast with my own high school ceremonies 36 years ago in California, where all the music was American and the language was uniformly English.

Harmony Science Academy was one of the most diverse and heterogenous groups of students I have ever seen.  Harmony Science Academy IS the Brave New World, much more than even horribly, artificially, self-conscious modern Harvard where Charlie and I had hung out for the past two summers.

What is the connection between Judge Michael Jergins, Laurie J. Nowlin, and Harmony Science Academy is formal and final causes of the socio-cultural and political configuration of the world today?   All are aiming at one single goal: the destruction of traditional Anglo-Saxon and European culture in the United States.  Anglo-Saxons make very uncooperative slaves, serfs, and servants of large corporate-governmental enterprises, I think, and for that reason their culture must be diluted.  The National Anthem can be sung, but it must not be sung in a proud defiant style, as a kind of cross between a Church-militant hymn (like “Onward Christian Soldiers” or “Come Labor On”) and a straight out war song, but in a soft, toned-down, mellow-yellow “pop” style with no strident defiance of anything.  In this connection I will never forget when Tony Blair became Prime Minister in 1997 and Queen Elizabeth Winced as “God Save the Queen” was likewise reorchestrated as a “pop” tune rather than a nationalist hymn as Blair announced his Brave New World “Cool Britannia” mode of government, kicked the hereditary lords out of the upper house of Parliament, and generally transformed the original Anglo-Saxon nation of the world into a colonized outpost of all the former “Imperial” Colonies’ immigrants.

The socio-cultural and political functions and roles of tradition, family and ethnic-folk-identities, and cultural continuity cannot be maintained when the state in effect pressures families to break up through the Family Court system, and especially when the court system, unsatisfied with merely breaking up families, also seeks to suppress free speech within the family.

In the name of “the General Welfare” and of Title 42 of the U.S. Code in particular, all aspects of child-rearing, Education, Family, Freedom of Speech, and the conduct of litigation are all essentially First Amendment protected activities, and yet all, in essence, are now controlled and licensed by the state.  Such licensing is contrary to the root purpose and history of the First Amendment, and Americans must stand up and assert their rights in opposition to the governmental takeover of private life.   Charter Schools are designed to insert more creativity and diversity into the American educational system, and Harmony Science Academy, at least with regard to some aspects of education, certainly seems to have produced an “above average” set of students.  I cannot say that the vision of the American present or future I saw at my son’s graduation was reassuring to me.  We live in a very insecure country where the governmentally inspired and fostered separate but related fears of self-government and expression of personal identity are related to the suffering many students have experienced as a result of their parents’ divorce and custody proceedings.

Charlie had wanted to follow his Dad and other family members to Harvard, but it was not meant to be.  Only one student at Harmony Science Academy in Austin made it into an Ivy League College at all, a girl named Ashley who was admitted to Colombia.  In one of the awful ironies of graduation day, Elena was concerned because Harmony Science Academy had sent out a warning that the Williamson County Courts had ordered Ashley’s mother to stay away from graduation—apparently Ashley’s mother had offended some one of the Brave New World’s norms, and would be arrested on the spot if she showed up to her daughter’s high school graduation.   Charlie, Elena, and I have somehow transcended the threat of governmental intervention in our lives, but the damage was already done, 2002-2009.  I never had any participation in my son’s middle or high school life except occasionally helping him with homework projects.

When we were first breaking up in April-July 2002, my wife Elena never said anything more hurtful and vicious than, “We are not a family, there is only cancer in this house” (although she said it in Greek, “Oxi Hycogenia eki, Karkinos in sto ‘ospiti.”  Elena was right, of course, our lives were infected by a kind of social cancer, but the cancer that ultimately ate Charlie’s teenage years was the cancer of governmental engineering trying to break up all families and isolate individuals not just from their relatives but from their heritage by this strange religion of global merger and fusion of all cultures and way of life into one great cultural amalgam or “shake and bake” world of uniform people with uniform lives, uniformly disposed to move the global-corporate-and-governmental entities forward.   I am now exhausted after this week of assessing and realizing all that has happened, of trying my best to be sociable and friendly with Elena and her mother Nina who inflicted so much misery on my life and Charlie’s over the past ten-fifteen years, and yet now seem anxious, at the least, to enjoy a “peaceful co-existence.”   We are currently shaping our lives without state assistance, but the scars left by state-mandated “welfare services” run deep indeed.

To challenge what Cass Sunstein (back in my University of Chicago Law days) used to call the “command and control” aspects of regulatory government and the administrative procedures which have, to a large extent, extinguished our constitution, must be among the top priorities of all Patriotic Americans.  The provisions of  U.S. Code Title 42 have all but supplanted every one of the provisions of the Constitution and Bill of Rights, and merged state and federal government in one rather hellish enterprise.  Charter Schools have special tax status as do contributions to their support.  They are part of the weird merger of state-federal-and-corporate functions which has become the key Hallmark of modern American life.  Harmony Science Academy is both a microcosm of this process, and emblematic of the injury suffered by my family in particular, and inflicted on the American population and citizenry in general.  Harmony Science Academy did not destroy my son’s mind or life.  Charlie will now go to a fine college, St. John’s in Annapolis, Maryland, which is libertarian and traditional in spirit, refuses to be “rated” by Newsweek etc. “St. John’s College | News & Publications | Press Releases |” This college continues the “Great Books” tradition of classical education, eschewing textbooks of all kinds, and encouraging students to think and study for themselves.  I am very much hoping that St. John’s is in fact NOT completely infected by and absorbed into the Brave New World…..

Completing the First 1% of the Third Millenium….

I remember New Year’s Eve, December 31, 1999 in New Orleans—what an amazing party it was.  My then 8 year old son rode on my shoulders as we were crushed among the crowds at Jackson Square.  I recall we had a really good view and nearly a perfect vantage point at one early point about an hour before midnight, but got distracted by something and then by midnight we were just in the square crushed by what seemed like millions, looking at the fireworks from the Riverwalk by the Old Jax Brewery.   Elena and I had discussed when deciding it was time to “get pregnant” with Charlie that it would be fun to have a child who would remember the transition between the 20th and the 21st century, and having Charlie in 1992 was almost the last chance to have such a child.  Charlie was born during Hurricane Andrew in 1992 on August 23, 1992, in Palm Beach, Florida.  It was an amazing event.  We were on the first page of the Palm Beach Post the next day—a beautiful picture of Elena holding Charlie with me on the telephone in the background.  We knew we were going to have a boy and it was a foregone conclusion he was going to be Charles Edward Lincoln IV, but we added the name “Andrew” as a second middle name, and among other oddities, the windows of St. Mary’s Hospital in West Palm Beach were all duck-taped with gigantic X-es, which on the horizontal hospital windows looked like transparent Scottish flags bearing St. Andrews’ Crosses.

This holiday vacation, as I mentioned before, is the first time since 2001-2002 that Charlie and I have been able to spend the entire Christmas and New Year’s holiday together.  The fact that we have done so (in California) as well as the fact that we spent the past two summers together in Cambridge, Massachusetts, is a tribute to Elena K. Lincoln’s spirit and willingness to compromise and/or admit de facto defeat or mistake, in the face of her de jure victory in Court, which was the event or series of events which changed my life, and caused me to take the paths I have taken in life since 2002.

Yes, during the past decade, the first 1% of the Third Millenium, I dedicated my life in large part to attacking the Texas Family Code, a tradition which I continue now in Florida, and would like to begin in California.  The Texas Williamson County Family Court establishment was my first great confrontation with a major establishment.  The City of Lago Vista Police abuse cases in my hometown/backyard in 1997-98, which ultimately got me disbarred in the W.D. Texas and , were just a very mild warmup to what became a major anti-establishment civil rights and reform career.  Lago Vista Police Chief Frank Miller and his “prize” officer Bart Turek were my first major civil rights adversaries, but I did not hate them or even particularly dislike them.   They had just instituted and upheld a misguided and injurious police policy in Lago Vista.  The people I came to hate were those who destroyed my family and took my son away from me for during 2002-2007, with only a few respites.  I have dedicated my life to exposing the lies and the evil embodied by Williamson County Judge Michael P. Jergins, Laurie J. Nowlin, J. Randall Grimes, and Michael Davis, as well as their henchment such as the crew of psychologists including Don Jones.

But this moment, these two weeks with my son, overlooking the Pacific Ocean, with the low hills of Catalina Island in the background, is one of the sweetest moments of my life, and I thank God, and Elena for it.  I should note that I invited Elena here to share this moment not once but many times.  There’s enough sleeping space here for three to be in private rooms, as was proved when Peyton and Charlie were both here for Thanksgiving.  But Elena demurred, preferring to go to Cancun, ironically enough, since the Yucatan Peninsula was where Elena and I met in 1985.

Anyhow, to everyone out there, I wish a glorious and prosperous New Year 2010, and I hope that whatever happens to me, Charlie, and Elena, and to everyone else, that the next decade will be as full of emotional, psychological, and spiritual growth as the past decade has been for me.  In every defeat and setback I have found the inspiration to move forward and see deeper truths and meanings, and for such experiences I can only be thankful to all who gave me such opportunities, even if they meant me harm by doing so.  The absolute rock bottom low-point of this decade for me was clearly the death of my grandmother Helen in May 2001.  But not a day goes by that I do not recall fondly and given thanks for the century of life my grandmother enjoyed on earth and at all the time I shared with her and her husband, my grandfather Al, who predeceased her by 21 years in 1980.   The high points of the decade were all spent with my son, and none were higher than our days on Harvard Square and in California.

On this beautiful New Year’s Day looking West, I remember and give thanks to all my good friends and allies during the past ten years (whether we’re in contact to this day or not), in particular to my trustee, Peyton Yates Freiman, a more honest and truer soul does not exist!   I also recall my oldest friends Helen S. Carr (the only person not related to me by blood who has remembered every birthday, Christmas, and intercardinal solstice or equinox to me since the 1970s) and John K. Naland, but also to my newest best friends just made in 2009, Robert J. Ponte, Dennis & Milenne DeLeon, Renada Nadine March, and (irony of irony’s, because I first heard of her as an adversary) Lisa Liberi.  In this transitory life, in this “shake and bake” world we live in, there are many people who were once important to me whom I never see anymore, even if I have not forgotten them, but I hope that my new friends from 2009 will remain with me always.

No inventory of my most steadfast friends could ever be complete without “honorable mention” of Lisa Cook, my sister-in-law in Michigan, who talked to me and understood me and listened to me for years when to do so meant that her own husband’s family (my wife Elena’s relatives) would heap scorn upon her during “the war years” when Elena was calling me “Not Family, but Cancer in the House.”  Lisa was always there for me and I tried always to be there for her, even when nobody else was.  Charlie’s Brazilian Godmother Helir Arlotta from Palm Beach and Tarpon Springs, Florida, falls into this same category….  I don’t have Lisa’s new telephone number (I tried to reach her over the holidays) and Helir has vanished, but we do not and will not forget each other, I’m sure.

Throughout it all, the priests at St. Luke’s-on-the-Lake in Austin provided genuine friendship and support—and I will never forget them even though I might never spend much time in Austin again.  Father James P. Jameson, a fellow Harvardian, Father Philip May, and Father Mike Wyckoff were there for me (during the “war years” with Elena) when I had no one else to whom I could turn.  They are true Christians, true gentlemen, and truer friends than I ever deserved.  Father May was actually willing to meet with me and Charlie in secret in 2005, to provide “aid and comfort” like the Church Martyrs of old….

I remember more often that they will imagine possible the close relationship I had over three years of tumultuous conflict with my steadfast attorneys during the “War Years” (withe Elena of 2003-2006 Francis Wayne Williams Montenegro and Valorie Wells Davenport.  They worked mostly for free, certainly without any profit, and their dedication to my cause was incomparable, encapsulated in Francis Williams’ statement that he would support me even if threatened with a firing squad, and I believe he meant it at the moment, even though he and Valorie, once actually faced with an “offer they couldn’t refuse” by way of extortion or a “constructive bribe” from the Deputy Texas Attorney General James Carlton Todd, Mike Davis, J. Randall Grimes, and the obviously intimidated visiting Judge James F. Clawson (who replaced Jergins after the Federal suits), ultimately gave up the struggle rather than face sanctions.  Francis and Valorie also introduced me to two good people Corinne Irwin and Rod A. Dal Sasso.  I remember and pray for my late father Charles Edward, Jr., who supported my struggles until he could not stand to hear about them anymore.

I remember my friends in the Southern District of Texas early mortgage note battles: Dan Swank, Jacques S. Jaikaran, Mike Palma, Robert Bruce, and David A. Sibley (who despite some ironic vicissitudes, started off a friend and returned to friendly status) from 2006 and  Jon Drew Roland, my first trustee and closest friend and ally from 2004-2007.

Daniel Louis Simon of Liberty Hill joined my crusade against the Texas Family Courts and Code and has become a steadfast and probably last-long friend.  He holds the dubious distinction of having been sanctioned for following my lead against the Texas Family Courts and Code by Judge Walter Smith, who sanctioned Dan and me jointly and severally to the tune of $150,000.00 in March 2008 for the sole purpose of preventing us from continuing our crusade against the Texas Family Code in Federal Court.  His continued friendship and support is a great comfort to me, and I hope I can provide the same for him.

Between January 2005 and September 2007, I went through major ideological transformations in my life, realizing that the “normal” paths to reform were all but closed in the United States.   It was during these years that I also met and first had the privilege of meeting and working with Senator Jerry O’Neil of Columbia Falls and Kalispell, Montana.  Many friends, even on this ten year list, have already come and gone out of my life, but I hope Jerry will remain my friend for all the rest of the days we might both be living on earth.  He is the truest Patriot I know, one of the greatest constitutional scholars of the “Old School”, and one of the most honorable men on earth (in addition to being, as my son says, “the coolest guy I ever met”).

I remember my Florida friends and accomplices Nancy Jo Grant, Bob Hurt, Bill Trudelle, Pearl Lanier Bryan, and Kathy Ann Garcia-Lawson.  Nancy is a hero who should be known to all Patriotic Americans.  Bob, Bill, & Pearl have provided me with so much support and courage.  Pearl is a warrior among warriors.  Kathy Garcia-Lawson is in so many ways my soulmate, with regard to our parallel paths crusading against (respectively, the Texas and Florida) Family Law and Domestic Relations Courts.  Kathy is such a paragon of the devoted, virtuous spouse committed to and still in love with her husband, even after five years since he left her, I can only stand in awe of her.  Kathy breathes new meaning into the words “family” and “until death do we part.”  Kathy’s funny, sassy, and spunky daughter Alexandra, and all of their friends whom I have met in Palm Beach Gardens, especially Claire and Rebecca.  I love Kathy, her character, and her mind, and hope that she and I will also forever be friends.  And yes, in connection with a person to whom Kathy introduced me, I even will toast on this day Orly Taitz whose affection and company “woke me up” in so many ways up through November 4, 2009—May she find peace and harmony and achieve freedom from want and freedom from fear sufficient that she might break free from the golden shackles that hold her prisoner in what may be a comfortable or even palatial prison.

And I would especially like to remember Vance Fecteau and Moshe Leichner, whom the Federal government continues to hold in prison, who were my closest friends during the worst 54 day period of my life, and who made even that extreme low moment a much brighter, more enlightened, and so more bearable moment.  I doubt that it will happen within the next decade, but I pray for a day when America and the rest of the world will be truly free again, when 1-2% of the population will no longer be incarcerated or on supervised release of some sort, when crimes will be established and measured only by their actual injury to others, so that no person will ever again be incarcerated merely to increase the arrest rates and the prison population so that large corporations owned by major politicians can make larger profits.  I can honestly say that all my experiences in the past decade have educated me and made me a better person and patriot.