Honorable Judge Michael McWeeny
Chief Judge, 19th Judicial Circuit
Jennings Building
4110 Chain Bridge Road Fairfax, VA 22030
Dear Judge McWeeny:
Pursuant to Virginia Code of Professional Responsibilities, and as a lawyer with a private practice in Fairfax County, Virginia, it becomes incumbent upon me to bring to the tribunal various misconducts of Judge Gaylord Finch Jr of Fairfax circuit court.
I am sure you understand why it has also becomes necessary to protect my identity against any retaliatory actions by Judges and fellow lawyers of the Bar.
By this letter, the members of the undersigned organizations are interested in the administration of Justice and the outcome of this issue.
The focus of this letter is to call your attention in particular to the Jagannathan case (Case Nos: JJ352762-01-01; JJ352771-01-01 on appeal from the Juvenile and Domestic Relations Court, Chancery Nos: 182927; 182928. in Fairfax Circuit Court.)
Judge Gaylord Finch of Circuit Court Fairfax has clearly abdicated his judicial responsibilities in direct violations of the canons of judicial conduct and has indulged in a two-year judicial activism, extortion, racketeering and judicial bullying under color of law with attorney Robert Machen.
The intent also appears to cover up serious fraud by Robert Machen under the banner of litigation.
Judge Gaylord Finch has been fully aware that The Virginia State Bar had previously disciplined attorney Mr. Robert Machen, reprimanding him twice and suspending his license for falsifying documents. He has had district committee sanctions against him.
Three Judges appointed by the Chief Justice of the Supreme Court of Virginia, Honorable Judge Thomas D. Thorne, Judge Dickson L. Foster, Judge Robert K. Woltz had found by clear and convincing evidence that Mr. Machen engaged in conduct for personal advantage, involving deceit that reflects adversely on his fitness to practice law and found him guilty under DR1-102(A)(4) of code of professional responsibility.
The Organization – Citizen for Legal Reform had reported Mr. Machen has engaged in conduct which tends to undermine the administration of justice and to bring legal businesses into disrepute;
Judge Finch’s actions have set a stage for a possible Department of Justice investigation. It is my understanding that U.S Senator John Warner had written to the DOJ at the request of his constituent.
I hereby request that the County also initiate an independent investigation into the actions of Judge Gaylord Finch.
An independent and honorable judiciary is indispensable to justice in the commonwealth of Virginia. Judges should participate in establishing, maintaining, and enforcing high standards of judicial conduct and shall personally observe those standards so that the integrity and independence of the judiciary will be preserved.
It is not, however, my job to police Virginia’s jaundiced family court judiciary, but, incredibly, it seems that not a soul, not since Landmark v. Virginia in 1978, NOT ONE SOUL, in our Common-wealth is willing to assume that duty and responsibility for the Common-good of our children to reel in Judge Gaylord Finch. I know some who are nicknaming Virginia’s judicial oversight (or is it “overlook”?) board by referring to it as the Judiciary Integral to Racketeering and Corruption, JIRC for short. I know of at least one article that recently appeared titled “Virginia Gangsters in Judicial Robes” I know many who are seeing the chronic shortsightedness in the handling by our Judicial Inquiry and Review Commission in Richmond of citizen complaints against judges and substitute judges as just more shameful justice, or justice that is not reasoned, but knee-jerk, and just is a Sham.
My condemnation of the catastrophic state which the Fairfax county Circuit Court Civil Justice system has reached under Judge Gaylord Finch to permit this kind of harassment of a pro se Litigant by Lawyers racketeering with a Judge is only dwarfed by my condemnation of a significant portion of the Fairfax Judiciary and the legal community looking the other way.
As lawyers, we must be unfailingly ethical and strive to avoid situations that might raise ethical questions as to the administration of Justice. We also have an obligation to report Judicial misconduct to a tribunal.
Chief Judge McWeeny, your judicial and constitutional responsibilities make it your duty to take the appropriate judicial decisions that require the removal of all interference with justice and with the institutions of the State, in such a way as to permit, to all citizens of Virginia, the effective exercise of the liberties guaranteed by the Constitution and the Commonwealth of Virginia. It is this condition, which will make possible the true, changes which our people desire; it will be in the true interests of our justice system.
The Family Court system of Virginia has been subject to the implacable tutelage of a class of opportunists and gold diggers who have come to constitute a veritable parallel justice system, one that is located outside all constitutional, legal norms, ethics and statutes that has brought out the National Counsel of Judges and the majority of sensitive positions in other courts. Ignorant of the very notions of impartiality and objectivity, their harmful actions have come to substitute the idea of fairness to families with that of disrespect for the courts and the constitution of the Commonwealth of Virginia.
Meanwhile, the class of bought divorce attorneys does a brisk trade with its bar allegiances, imposing a sprit of dependence and submission, running against all ideas of change and creative adaptation, and zealously identifying itself with the judiciary currently in power. Their objective is to systematize the conflation of the judiciary and the State, corrupting the institution of family. This behavior, which breeds discord and confrontation, constitutes in reality the true danger of order, security and stability of our families.
The daily practice of our profession has allowed us to appreciate the true reality lived by Judges and this has incited us to forego the duty of silent reserve to which we are held. In a situation where all the possibilities of dialogue, however stormy or unstable, have been shut down, silence can no longer be an option, and the cry of our consciences rings out like a necessity which I can ignore no longer, even if it is our prisons which should paradoxically be the place for us to find dignity, freedom and a clear conscience.
Speaking from experience, Decent hard working fairfax families have been subjected to routine abuse, interference and harassment by our court system, Honest and ethical lawyers in Fairfax, Virginia no longer have any elbow room to perform their duties against judicial activism by Judges like Gaylord Finch. Treated with arrogance and working in a milieu of intimidation and coercion that shackles our will and prevents us from voicing our true convections. Our dignity is insulted daily and our negative image in the hearts of public opinion is mixed with fear, arbitrariness and injustice, to the point that the sole fact of belonging to our profession is degrading in the eyes of the oppressed and people of honor.
It is time you, Judge McWeeny take the appropriate action.
Yours truly,
Chip
A MATTER OF JUSTICE COALITION
JAIL FOR JUDGES ( VIRGINIA JAIL INITIATIVE)
FAMILY RESOLUTION COUNCIL
Center for Judicial Accountability ( CJA)
Committee for Judicial Ethics
Children’s Legal Foundation
Citizens Justice Institute
Constitution Society Citizens for Legal Responsibilility
Americans for Legal Reform
Corruption Crusaders
FATHERS UNITED FOR EQUAL RIGHTS AND THE WOMEN’S COALITION
Americans for the Enforcement of Judicial Ethics ( AEJE)
American Family Advocacy Center
Children’s Rights Advocacy
Alienated Parents Association
FATHERS FOR VIRGINIAMOTHERS AGAINST UNJUST LAW
Center for Judicial Accountability ( CJA)
Enclosures: CounterIntelligence Division David Szady Letter to Senator Warner / 08-10-05
DOJ letter to Senator Warner / 07-28-05
Senator Warner to RJ /08-16-2005
Assistant Attorney General Michael Favale reply / 03-03-05
Senator Warner to RJ /06-29-2005
Senator Janet Howell to RJ / 03-14-05
DOJ Michael Battle to Senator Warner / 07-28-05
Senator Warner to RJ / 04-15-05
Governor Mark Warner’s letter to RJ /05-09-05
DOJ Priscillia Jones to RJ /03-14-05
Copies to:
Honorable Judge Gayle Carr
Fairfax Juvenile and Domestic Relations Court
4110 Chain Bridge Road Fairfax, VA 22030
The Honorable John W. Warner
United States Senator
David W. Szady Assistant Director
5309 Commonwealth Centre Pkwy.Suite 401, Midlothian, VA 23112
Counterintelligence DivisionU.S Department of Justice
Michael A. Battle
Director
U.S Department of Justice
950 Pennsylvania Avenue, NW, Washington D.C 20530
The Honorable Judith Jagdmann
Office of Attorney General
900 East Main Street, Richmond, VA 23219
The Honorable Janet Howell
Senator
P.O Box 2608, Reston, VA 20195-8283
The Honorable Michael Favale
Assistant Attorney General
900 East Main Street, Richmond, Virginia 23219
Christopher A. Wray
Assistant Attorney General
Criminal Division
United States Department of Justice
950 Pennsylvania Avenue NW, Washington D.C 20530
Dan Eggen
National Staff Writer - Justice Department
Washington Post
1150 15th Street NW, Washington, DC 20071