So hard to find the comments section....I'll get it down one day.
FYI, The California State Bar typically allows only one Pro Hac Vice per attorney PER YEAR. This is to prevent us horrid out of state licensees from sullying up their perfect pool of CA licensed attorneys. Out of state attorneys have to take the CA Bar Exam to get a CA license, and I've known attorneys that have been in practice for 25 years that can't pass that stupid test. But, I digress.
The link didn't work for me, so a search for "Yale Law Review article on why religious arbitrations are unconstitutional" took me there. After reading a while, it was way too much for this brain of mine, so I jumped to the conclusion. Great work Yale.
The current SCOTUS is in such disarray because of the extremist right Judges that all legitmacy has gone down the drain, in my opinion. I have no trust in SCOTUS impartiality. Thank you for the information you provided, maybe Graham Berry, could find a new angle to try in court.
Is a peremptory challenge possible? Would another judge be reasonable? Judge Killefer's ruling is outrageous. This makes me feel crazy, I can only imagine how Valerie Haney and Graham Berry feel.
Internet Research findings suggest that Valerie needs Graham Berry's interpretation to the following:
"Our courts simply will not interfere with the conduct of the arbitration, the fact finding, the legal rationale or the issuance of the award unless there is a defect which goes to the very heart of the American legal system, the appearance of fairness." Is WILL NOT INTERFERE the same as CAN NOT INTERFERE?
Is there a time limit on arbitration?
"No claim shall be eligible for submission to arbitration under the Code where six years have elapsed from the occurrence or event giving rise to the claim." What is the time lapse from inital arbitration process and the last arbitration?
"According to the Court, under the Limitation Act, parties have a three-year period from the date when the right to apply accrues to file applications under Section 11(6) of the Arbitration Act. May 8, 2024." Legalese that needs layperrson explanation.
How long does an arbitrator have to make a decision?
The arbitrator closes the record and, no more than 30 days later, issues a decision addressing all claims raised in the arbitration. The award may direct one or more parties to pay another party a monetary amount, or it may direct parties to take specific actions.
What is Scientol;ogy doesn't close the arbitration?
Excellent questions, I think we should have them answered by someone. This is beyond ridiculous. The tiny cult leader is probably laughing out loud, but I still believe that his time is coming. He thinks he is untouchable…he is wrong.
The power of the word "religion" in this country is unconscionable. If I had a time machine, after I fixed the second amendment I'd make a couple small edits to the first.
After writing to Judge Killefer directly 3/29/23, here is an exerpt:
I do not know or have a relationship with Valerie Haney or any of the principles in her case, however, as an advocate for children and for victims of crime, my interest was piqued when I learned of and began following her case several years ago by way of news articles, TV programs, and research about Scientology.
As I understand, Valerie went through a Scientology arbitration process at the prodding of her father after she escaped from the 'church' in the trunk of a car. Her father wanted her to return and 'properly' leave the 'church.' That time, the arbitration process, as I understand from Valerie's recount, was supposed to take about three weeks. Instead, she was under supervision and subjected to enormous pressure for three months, all alone, and under duress where she felt manipulated to sign docuiments before leaving.
I am writing to you regarding the ruling that she must go through the Scientology arbitration process. Accepting this, Valeries has done what is required of her.
Valerie Haney has, with trepidation under legal compulsion, shown a willingness to return to the organization where she felt victimized. She also complied with the court to turn over her home address to the 'church' from which she had escaped.
For a victim, who was abused her entire life, to have to return to the abusive environment with the abusers, is to have their mental aned emotional safety compromised. Might you consider a court ored that one person will, by legal compulsion, go with Valerie Haney as a witness for whatever she will encounter within this secret process away from any unbiased witness?
As an advocatte for victims, I am compelled to ask you to seriously consider this request. It would be imperative to learn what Scientology's International Justice Chief Ellis, has set up for the arbitral forum. Such information seems important in consideration of the seriousness of any potential consequence to Valerie's mental and physical safety."
AND NOW ANOTHER ruling to go through this heinous arbitration process with her abusers. THERE MUST be a way out of this besides giving in or giving up. The court is agregious in partnering to prolong this process.
Is there a legal wizard out there who might help to find a way forward for Valerie?
That's really great, but please note what Valerie was going through when they made her come back after escaping was a "routing out process," not an "arbitration." You're right, she was abused during that routing out process, and then later she sued, and it's only after she sued in 2019 that she was then forced into "arbitration."
Thanks, Tony, for the clarification. With all the roadblocks from Scientology, laws pertaining to arbitration, and so much more, I hope Valerie knows that strangers care deeply. Thank you, too, for your ongoing reporting on this criminal organization.
Is there anything that can be done to ensure Valerie's employer knows and understands and supports her?
Scientology policy directly says to go after their job as losing it will cost them. Scientology could not only be doing this to be malicious, but hoping that continual time taken from work will mean losing her job (and financial ability to keep fighting).
I don't want to assume anything about her situation, but if she wants to keep fighting then my greatest hope is for her to have the support she needs - whether it's support from her employer, legal funds, or even a cult/mental health expert to help her identify abuse and deprogramming after each day of this abusive arbitration.
I agree, I believe that their goal is to, as the science fiction writer says,’ destroy them utterly.’ Something CAN be done about it. Keep on keeping on every one. Valerie should be able to charge someone for failing to protect her rights as a citizen of the country. Her civil rights have been and are being violated
At this point I feel more effort should be applied to put pressure on the IRS to revoke Scientology’s NPO status. The minimum should be that everyone who is an activist write into their senators and representatives to protest Scientology using its church status to scam, abuse, defraud and harm members of that organization.
So hard to find the comments section....I'll get it down one day.
FYI, The California State Bar typically allows only one Pro Hac Vice per attorney PER YEAR. This is to prevent us horrid out of state licensees from sullying up their perfect pool of CA licensed attorneys. Out of state attorneys have to take the CA Bar Exam to get a CA license, and I've known attorneys that have been in practice for 25 years that can't pass that stupid test. But, I digress.
If anyone is interested, here is the Yale Law Review article on why religious arbitrations are unconstitutional https://openyls.law.yale.edu/bitstream/handle/20.500.13051/10385/Chua_RubenfeldCosta_u2kkhumq.pdf?sequence=2&isAllowed=y
Too bad that SCOTUS has expressed their extreme disdain for anything coming out of Yale or this Law Review article should have grown some legs.
I'm not sure why that came up in the hearing today. Pro hac vice applications, granted or not, are really not an issue in this case.
I had to look up pro hac vice - legalese is frustrating.
The link didn't work for me, so a search for "Yale Law Review article on why religious arbitrations are unconstitutional" took me there. After reading a while, it was way too much for this brain of mine, so I jumped to the conclusion. Great work Yale.
The current SCOTUS is in such disarray because of the extremist right Judges that all legitmacy has gone down the drain, in my opinion. I have no trust in SCOTUS impartiality. Thank you for the information you provided, maybe Graham Berry, could find a new angle to try in court.
Sorry about that. I fixed the link. I'm still thinking this is Disqus - old habits die hard.
I also had to look up Disqus
Is a peremptory challenge possible? Would another judge be reasonable? Judge Killefer's ruling is outrageous. This makes me feel crazy, I can only imagine how Valerie Haney and Graham Berry feel.
Internet Research findings suggest that Valerie needs Graham Berry's interpretation to the following:
"Our courts simply will not interfere with the conduct of the arbitration, the fact finding, the legal rationale or the issuance of the award unless there is a defect which goes to the very heart of the American legal system, the appearance of fairness." Is WILL NOT INTERFERE the same as CAN NOT INTERFERE?
Is there a time limit on arbitration?
"No claim shall be eligible for submission to arbitration under the Code where six years have elapsed from the occurrence or event giving rise to the claim." What is the time lapse from inital arbitration process and the last arbitration?
"According to the Court, under the Limitation Act, parties have a three-year period from the date when the right to apply accrues to file applications under Section 11(6) of the Arbitration Act. May 8, 2024." Legalese that needs layperrson explanation.
How long does an arbitrator have to make a decision?
The arbitrator closes the record and, no more than 30 days later, issues a decision addressing all claims raised in the arbitration. The award may direct one or more parties to pay another party a monetary amount, or it may direct parties to take specific actions.
What is Scientol;ogy doesn't close the arbitration?
Excellent questions, I think we should have them answered by someone. This is beyond ridiculous. The tiny cult leader is probably laughing out loud, but I still believe that his time is coming. He thinks he is untouchable…he is wrong.
The power of the word "religion" in this country is unconscionable. If I had a time machine, after I fixed the second amendment I'd make a couple small edits to the first.
I totally agree. Separation of church from state should, must become law. I guess all we can do now is write to legislators for reasonable change.
After writing to Judge Killefer directly 3/29/23, here is an exerpt:
I do not know or have a relationship with Valerie Haney or any of the principles in her case, however, as an advocate for children and for victims of crime, my interest was piqued when I learned of and began following her case several years ago by way of news articles, TV programs, and research about Scientology.
As I understand, Valerie went through a Scientology arbitration process at the prodding of her father after she escaped from the 'church' in the trunk of a car. Her father wanted her to return and 'properly' leave the 'church.' That time, the arbitration process, as I understand from Valerie's recount, was supposed to take about three weeks. Instead, she was under supervision and subjected to enormous pressure for three months, all alone, and under duress where she felt manipulated to sign docuiments before leaving.
I am writing to you regarding the ruling that she must go through the Scientology arbitration process. Accepting this, Valeries has done what is required of her.
Valerie Haney has, with trepidation under legal compulsion, shown a willingness to return to the organization where she felt victimized. She also complied with the court to turn over her home address to the 'church' from which she had escaped.
For a victim, who was abused her entire life, to have to return to the abusive environment with the abusers, is to have their mental aned emotional safety compromised. Might you consider a court ored that one person will, by legal compulsion, go with Valerie Haney as a witness for whatever she will encounter within this secret process away from any unbiased witness?
As an advocatte for victims, I am compelled to ask you to seriously consider this request. It would be imperative to learn what Scientology's International Justice Chief Ellis, has set up for the arbitral forum. Such information seems important in consideration of the seriousness of any potential consequence to Valerie's mental and physical safety."
AND NOW ANOTHER ruling to go through this heinous arbitration process with her abusers. THERE MUST be a way out of this besides giving in or giving up. The court is agregious in partnering to prolong this process.
Is there a legal wizard out there who might help to find a way forward for Valerie?
That's really great, but please note what Valerie was going through when they made her come back after escaping was a "routing out process," not an "arbitration." You're right, she was abused during that routing out process, and then later she sued, and it's only after she sued in 2019 that she was then forced into "arbitration."
Thanks, Tony, for the clarification. With all the roadblocks from Scientology, laws pertaining to arbitration, and so much more, I hope Valerie knows that strangers care deeply. Thank you, too, for your ongoing reporting on this criminal organization.
Is there anything that can be done to ensure Valerie's employer knows and understands and supports her?
Scientology policy directly says to go after their job as losing it will cost them. Scientology could not only be doing this to be malicious, but hoping that continual time taken from work will mean losing her job (and financial ability to keep fighting).
I don't want to assume anything about her situation, but if she wants to keep fighting then my greatest hope is for her to have the support she needs - whether it's support from her employer, legal funds, or even a cult/mental health expert to help her identify abuse and deprogramming after each day of this abusive arbitration.
I agree, I believe that their goal is to, as the science fiction writer says,’ destroy them utterly.’ Something CAN be done about it. Keep on keeping on every one. Valerie should be able to charge someone for failing to protect her rights as a citizen of the country. Her civil rights have been and are being violated
Stay strong Valerie. It may be the law, but it ain't justice.
Agreed. You have a whole world of us Wogs with you.
At this point I feel more effort should be applied to put pressure on the IRS to revoke Scientology’s NPO status. The minimum should be that everyone who is an activist write into their senators and representatives to protest Scientology using its church status to scam, abuse, defraud and harm members of that organization.
I'll do it.
Great.
How to report suspected tax fraud activity:
https://www.irs.gov/individuals/how-do-you-report-suspected-tax-fraud-activity
Yes
I think the judge needs to take the time and effort to get familiar with the organization that she is being asked to make a ruling on.