Judge

Submitted By

Accusation/Charge or Breach of Duty

Bristol County ..... New Bedford and Fall River courthouses.

I had three different lawyers early on in the divorce, none that did a thing to protect my interests, I had two Complaints for Contempt that cost me $2, 500 each for my ex-wife's attorney's fees for failure of my attorney to provide required discovery they were given by me. I ended up representing myself and got railroaded by Judge Fernandes. Fernandes broke the law, interpreted the law to persecute me, acted as defense attorney for my ex-wife, prosecuting attorney against me and Judge all at the same time ... making my ex-wife's attorney's job simple.

In recent Complaints for Contempt actions I hired an attorney to represent me. Fernandes blocked testimony and evidence we had to present and took the word of my ex-wife's attorney as truth without requiring a stitch of evidence. My ex-wife's attorney said they had documents they never ended up producing in four days of hearings. Fernandes was so blatantly biased he sustained my attorney's questioning without an objection being made. When my attorney said, Excuse me Your Honor but there hasn't been an objection, Fernandes asked my ex-wife's attorney if he'd like to object. He half stood up and said "object". Fernandes said "Sustained, next question." The man is out of control.

Another Person:

Judge Fernandes is horrible. I attended court with a friend of mine for support. He does not read brief's and seems to like to hear himself talk? According to the attorney; one never knows how this judge is going to rule? He is unreliable with no consistency when it is involving a ruling...

Another Case Against this HORRIBLE Judge:

Mark Perry

Issues sexually biased orders. When overturned on appeal continues to ignore appeals court and harasses men with further legal mazes, appeals, fees and bad orders. He illegally re-wrote a pre-nup. Was overturned on appeal. Also in same case tried to re-write terms of a trust. unsuccessfully. Copied factually wrong findings from wife's attorney...word for word. Said husband's income was unverifiable..even though his only source of income is as a full-time employee of a large company (Morgan Stanley). Has been overturned two times out of two appeals in the last three months. Has five others pending. Has been told by appeals court to correct many mistakes and continues to do what he wants instead of what higher court ordered.

Findings of Appeals court at great cost to father:  A valid pre or postnuptial agreement may not be altered by a judge (Korff v. Korff Mass. 2005 Mass. Appeals Court).

Masters fees to Mr. Bowser for the returned case now exceed $34,000 to fix the errors of this judge. It seems the master and Kagan have conspired against Mr. Korff and Kagan will most likely need to be appealed again if he adopts the Master's findings.  What  Bowser now is recommending to Kagan  is to reclassify a portion of the alimony illegally ordered by Kagan and call it child support. In effect retroactively increasing child support to offset Mr. Korff's court ordered alimony overpayments...even though Kagan's original judgment included a child support award that he said was made totally independent from the alimony award.  Child support cannot be retroactively increased before any modification date. It is a federal law.   Judge Kagan is in contempt of court...refusing to vacate his judgment in a timely fashion and ordering Mr. Korff to pay huge sums to correct a mistake that he made!!!!   This court decides child support and alimony each and every day...why should this decision be farmed out to a friend of the judge at Mr. Korff's expense? How do you spell CORRUPTION!!!!!!!??? Just outrageous.

It was later  discovered that Kagan and Bowser had a prior professional and financial relationship that was not disclosed to the litigants as required by the code of ethics. And as a matter of fact it was kept covert purposely by Bowser and Kagan. And, when that relationship was uncovered Kagan was confronted with the evidence and had no choice but to recuse in disgrace. And the Master report was thrown out as a result of this discovery. It seems "Special Master" jobs are used to funnel favors and money to friends of judges and ex-judges often in probate court. This system is all about extracting as much money for the players in it from couple in crisis. Rule of thumb for lawyers is keep CAUSING problems until 40% of the estate's value is billed in legal fees. In this case, even with a win on appeal, the victim is further abused financially by additional onerous legal fees.  So even when you win and the judges make HUGE errors you pay he price all over again and the industry players get to bill more. In most industries this is called "fraud".  They make mistakes on purpose and bill you more??! The divorce industry is a SCAM for lawyers to plunder the estates of divorcing couple using children as bait! These people have no soul or ethics and are destroying families and children for their own profit and greed.

From Another victim of Kagan:

Anonymous lawyer quoted about Kagan: "a pompous ass"

Judge Spencer M. Kagan, Cambridge family Probate Court.
Judge Kagan has ignored my evidence of Attorney Charles Jordan lying to Judge Kagan as I had Photographic Proof.  Judge Kagan has ignored taped Recordings of another Judge Rocket , that Heard the evidence and Proof that my spouse lies on ALL
of his Financial Statements as to the high amount of his income. Judge Kagan cancelled 2 of my court days due to his Mother's illness and the cancelled another
Trial Day due to one of the Attorneys brother's illness, dragging our case on over 3.5 yrs.  Judge Kagan showed unethical favoritism towards one of his Lawyer Friends opinions, not factual information of Attorney Fern Frolin from Wellsley whom is good friends with Judge Spencer Kagan and she  misrepresented and lied about my child's True wishes to live with mom, ( Per my daughter's own words).  Judge Kagan also ignored my pictorial evidence that Attny. Fern Frolin had misrepresented factual facts to our Guardian Et Litem assigned resulting in G.A.L.' s report containing unfactual and  untruths which Judge Kagan leaned towards to believing without seeing my evidence. The G.A.L.'s  Three reports,  all contradicted each other greatly.
Judge Kagan also ignored listening to two professional witnesses that were ready to present evidence on this day 3-22-06 including our DSS Social Worker and our Families 4 year family therapist Dr. Anne Gehren-Beck Shim from Wediko Childrens' Services and "forced" us, the parents to sign a 6 page agreement, conjured up by my children's attorneys just to put an end our case even after all his cancellations of Trial days and refusals to listen to Professional Collateral Witnesses Present that day.  Not listening to the Taped Recording of Judge Rocket's statement "What dos this say about this man's creditability" when my spouse was Caught by Judge Rocket  lying on all his Financial Statements was very detrimental to the ending result of our custody case as well as refusal to listen to Professional Colateral Witness's statements resulted in Poor Decision Making by Judge Kagan putting my young children's health, well being and best interest of my children at High Risk for Danger
in father's house where witness testified that loaded handgun was found by her and also father had bought & supplied liquor to minors in his home from my daughter, age 14 to other teens under age 18.  His actions up until now have been a complete disgrace and the safety of my female children are now at high Risk of danger.
The one attorney, Attorney Fern Frolin, will be reported to the BAR Assoc.
I am very disappointed in the Unethical Behavior & Friendly relationship he has
(outside of the court) with one of the female Attorneys that represented my youngest child.  Now, my youngest child is placed in the house with the Loaded Gun,  Other Weapons, Alcohol bought & served to minors, exposure to Child Pornography,                    My 15 year old getting pregnant in father's home from daily sex as the children are completely unsupervised there, etc.  If My children get Hurt at father's due to these
unsafe factors Judge Kagan ignored, further action will be taken

Over 22 violations of the law in my case alone that I have seen and documented. I will likely file federal suit for "acting in his own person", abuse of power and many civil rights violations.

Regularly issues restraining orders to anyone for the asking without meeting the legal requirements of statutes and case law (this seems to have become standard procedure of all the lower courts, who ignore the rights of men and case law limiting this issuance of these to cases of "reasonable fear, which would not be reasonable without prior violent acts or threats of bodily harm to an individual).  

Issues child support orders without any basis in fact, evidence or even testimony that have nothing to do with the income of the father. Does not fill out the child support guidelines worksheets, as required by state law, just picks round numbers out of the air while ignoring medical payments and other required adjustments.  Makes support orders in violation of federal law by exceeding 60% of take-home pay of fathers.  Finds people in contempt of court and sentences them to jail terms totally against cited case law, requiring proof that the defendant has the ability to pay at the time of the contempt hearing, when they have no ability to pay the impossible and unlawful orders he has previously placed them under.

Puts people in job programs when they already have a job to try to force them to earn more money against constitutional rights. Has obvious prejudice against self-employed individuals and shows this by his remarks in open court.  Denies fathers access to their children without any basis in law, fact or testimony, doing great harm to children and their relationship with their father.

Makes inappropriate threats and comments to intimidate defendant fathers like "one more word and you will go to jail" to end hearing when he is not getting what he wants and is being presented with his violations of the law and due process. Constantly terminate hearings prematurely when he think he has heard enough, though you have additional testimony and evidence to present.  Violates due process constantly by ending hearings prematurely for lunch or the next case right in the middle of a persons arguments (actually got up and left for lunch one time when my lawyer was still talking. We were only 50% through a set of motions before the court) which much evidence prepared to present.

Refuses to provide findings of facts within the 60 days required by federal law (even after allowing the motion). Denies valid motions and requests showing great prejudice against men, pro se defendants (men) and self-employed individuals. Seems to believe if you are self-employed you must be a criminal and can pay yourself any amount you wish magically.  Seems to believe anyone who fights for their rights should be intimated, threatened with jail and ruined financially until they comply with his beliefs and wishes.  Ignores due process and the constitutional rights of men.

Shows either great arrogance or ignorance of the laws (hard to tell really) through his actions and comments.

As with most judges in the Massachusetts family court system, judge King inflicts cruel and unusual punishment on fathers by kidnapping their children to impose the ransom of child support for the for-profit system that has formed around the $25 billion per year divorce industry. The conflict of interest from unconstitutional federal government kickbacks of HUNDREDS of MILLION of dollars to the judicial system is a violation of the judges oath around conflicts of interest and the oath to uphold the country's highest laws, over those of the state, which are the constitution and the U.S. Supreme courts. Massachusetts and many states court act in very clear violation of this higher law every day.

Judge Sacks

Retiring 10/31/06

Goodbye and good riddens.

Massachusetts Probate and Family - Essex County Division

Send recommendations of additional judges to watch and document abuses to  condor68@comcast.net

The Worcester court is administered by judge Hart as "First Justice" and is rapidly become known for flagrant abuse of the law in favor of rubber stamping mother custody and speed of cases. This is a crime against humanity and children and the First Justice must be responsible for this result. He is clearly not managing, training or leading these judges but must instead be encouraging the denial of civil rights of fathers and due process.