Conference quokka::non_custodial_parents

174.0. "Threat to drop leaflets from the sky" by CSC32::K_JACKSON (VTX - Have server, will travel) Sat Nov 09 1991 22:25

  The following article was sent to the moderator and it was requested 
  that it be posted for discussion.  The following is reprinted without 
  permission.  

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Source:	Caledonia-Record 
Page: 	8
Date:	Wednesday, Oct. 30, 1991
Title:	Man Threatens to "Leaflet" Judge
Author: Peter Riviere

 LANCASTER- A former United Airlines pilot from Porthsmouth, Jefferson and now 
Augusta, Maine has been circulating letters in the Groveton-Lancaster area 
threatening to drop 1,000 leaflets a day for five days "in the near future" 
protesting Coos County Superior Court Judge Peter Smithy's handling of the 
man's divorce.

	A letter from James W. MacFarlane to the Lancaster town clerk inquiring 
about the fine for littering, has sparked a number of calls to court security 
and police "putting them on alert," said Coos County Clerk of Courts Barbara 
Hogan where Judges Smith splits his time of the bench.

	MacFarlane filed for divorce from Beryl Rich, a British resident, in 
October 1986. That divorce was granted in October 1988 after a protracted 
legal battle over financial settlement in the case. MacFarlane's worth was 
disputed by the parties.
	
	As recently as march of 1990 MacFarlane was seeking a change of 
venue in deciding final disposition of his challenges to the court order.

	In his motion for change of venue MacFarlane alleged that: he has been 
"swindled" in judge Peter Smith's chambers which "prevented plaintiff from a 
fair trial"; that defendant's counsel and law firm associates play golf with 
Judge Smith; and that Rich would seek to have the case remain in Coos County 
so " counsel can have positive advantage over the plaintiff."

	His letter to the Lancaster town Clerk says MacFarlane will use a "WWII
dive bomber fighter that I have access to in the mountains."

	He opens his letter to the clerk saying "in the near future I would 
like to protest against Judge Peter Smith in Lancaster." His letter is dated
Oct. 4, 1991.

	The 5,000 leaflets would contain a different message for five days 
saying: Monday... Peter Smith doesn't know the law; Tuesday ... Peter Smith is 
unfair; Wednesday ... Peter Smith constantly violates the judicial canons; 
Thursday ... Peter Smith constantly awards custody of children to unfit 
mothers and; Friday ... Peter Smith operates a kangaroo court.

	"It's not a direct threat but sort of falls through the cracks," says 
Hogan who said she reported the letter to State Police in Twin Mountain, 
Lancaster police, county sheriff, county attorney, the attorney general's 
office and the court's administrative office.

	Jim O'Neil, chief of court security, said the "only thing we've done 
is to contact local authorities regarding the leaflet. There have been no 
incidents," since the letter appeared locally he said.

	In January of 1990 MacFarlane filed 10 pages of complaint with the
Judicial Conduct Committee.

	In the divorce case Judge Smith specifically ruled on 67 separate 
issues of law finding for the plaintiff (MacFarlane) in some and for the 
defendant (Rich) in others.

	What appears to be the crux of the case is antinuptial agreement that 
MacFarlane insisted on before the couple got married.

	Rich's lawyer drew up the document with one stipulation that if 
MacFarlane left Rich for another woman, the agreement was void. Smith ruled 
the clause was ludicrous on its face. 

	Also contested was MacFarlane's worth at the time of the divorce.
 
 

    If the judge wants to be a real &^%$, he'll probably 1) find the guy
    guilty of litering, 2) fine the #@#$ out of him, and 3) hit him with
    x hours of community service which will consist of picking all the
    leaflets back up.
    
    A better way to get rid of a judge is to go out and publicly campaign
    to have him removed from office.  You probably won't get him out of
    office, but now he has a personal conflict of ingerest and has to 
    remove himself from *your* case.
    
    fred();

    Fred,
    
    	But he hasn't done it! And got pub already!!:)