x-sender: governor.haley@sc.lmhostediq.com x-receiver: governor.haley@sc.lmhostediq.com Received: from mail pickup service by sc.lmhostediq.com with Microsoft SMTPSVC; Tue, 14 Jun 2016 12:02:31 -0400 thread-index: AdHGVihDBhxM4zzmRwekgwCHf68dVw== Thread-Topic: Response via eform 100002 - Help with a State Agency From: To: Subject: Response via eform 100002 - Help with a State Agency Date: Tue, 14 Jun 2016 12:02:31 -0400 Message-ID: <8BE162C340A548A4AB1C0F35B2900A26@IQ12> MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 8bit X-Mailer: Microsoft CDO for Windows 2000 Content-Class: urn:content-classes:message Importance: normal Priority: normal X-MimeOLE: Produced By Microsoft MimeOLE V6.1.7601.17609 X-OriginalArrivalTime: 14 Jun 2016 16:02:31.0669 (UTC) FILETIME=[28565A50:01D1C656] WORKFLOW 344 Mr Frank Brown 508 Lakeside Dr Anderson SC 29621 flbmetoo@netscape.net 8648445061 8648445061 Frank Brown 508 Lakeside Dr Anderson SC 29621 06/14/2016 Governor Haley, My concern is with your office and South Carolina's governing law that covers family court matters. I do understand in this state, family court judges are giving a wide range of latitude to carry out the law on a case by case basis as they see fit. This wide range can lead to a variation in county by county as determined by the judge. I am concerned there are no checks and balances in place to ensure these individual judges are carrying out these laws in a fair and consistent manner. For example, I am certain if you break down Greenwood County, you will find many more black males are sent to jail related to family court manners as compared to white men in similar situations. Does South Carolina track these statistics or is it simply assumed the family court procedures are all fair. There have been documented cases of Federal and Supreme Court judges using prejudicial and discriminatory logic to create an unfair hearing for nonwhites. My case involves the below scenario. My concern involves a case that was heard before Greenwood County Family Court Judge Joseph C. Smithdeal on June 1, 2016. My children's mom was represented by attorney Brad Knotts. I am certain Judge Smithdeal and Knotts are acquaintances since they both work in Greenwood. Due to this relationship and since I was not represented by an attorney, my testimony and statements were given very little consideration by Judge Smithdeal. I am a black male that has never been in trouble with the law. I do realize some or many black men fail in their responsibility to care for their children, but this does not apply to me. I do have a college education but I am not knowledgeable on family court law or procedures. Due to the amount of money I have to pay monthly in child support, I was unable to pay for the counsel of an attorney. My grievance concerns what I feel was unfair actions taken on the Judge's behalf which will have a detrimental impact on me being able to be an active father in my children's life. As a result of Judge Smithdeal's decision, I am also concerned of the possibility of the harm this can cause to my children. On the above date at 10:30 A.M., I appeared before Judge Smithdeal in a matter where Nanette Holloway served me with my papers for the sole purpose of reimbursement for unpaid dental bills. This grievance is not attempt to prove my case only a submission to my frustrations and my lack of understanding of the procedural process during our hearing. I do realize Judge Smithdeal has a difficult job, but I do know that all black men who come through his court is not trying to avoid taking care of their children. Background, for the past 10 years, I have been paying child support without being late. During the 1st quarter of 2015, I filed for visitation rights to see my two children. Because of the amount of money I have to pay monthly in child support, I did not have the financial means to obtain an attorney. (During this time, the State of SC did not have forms or templates to request visitation rights Pro SE, only forms to modify an existing order). I had to find forms from other states to submit for a hearing. The reason for my concern is based on the below information: 1. In the original court order dated in 2006 the judge's decision stated only I had to pay ½ of medical bills. (Dental expenses were not included-this same order was written by Attorney Knotts in the 2006 order) 2. New order states I have to pay medical, dental, orthodontist and vision, dollar for dollar of the entire bill. Most orders I have seen has the primary paying the first $250 of medical and dental expenses. Also I thought Orthodontist was subjective and should have court approval. 3. There was no financial declaration submitted to determine if this requirement impacted my current child support payment amount. 4. Judge required I pay all medical and dental of 30 days, what if it's a $2000 or more bill and I have to pay $1000, this would be impossible in current situation and would result in jail time. On certain dental procedures, Plaintiff would have time to budget but I would not. 5. Children are 11 and 12, plaintiff have never submitted a medical or dental bill nor requested I pay for any until I filed for visitation. 6. Plaintiff did not advise me of dental bills until the 7th month after the bill was due. 7. Judge held me in contempt and reprimanded me to jail unless I reimburse $960 to plaintiff for medical bills within 30 days which is more than my monthly child support amount 8. Plaintiff did not give me a clear detail of bill or insurance payment information. 9. I carried full insurance on both children for the past 10 years which was not included nor mandated by initial court orders in 2006 10. In court I advised the judge the plaintiff did not fulfill her due diligence in getting the insurance processed, and the stated to me I was not an insurance expert and my testimony was hearsay. I did not think it was hearsay because I completed the process what the insurance company advised me to complete and I was able to help them in processing the claim. She carried insurance also and they did not pay. My comment to the judge was she could file after I pay her and keep the money. 11. The court case was only 15 minutes and I was not giving enough time to respond to allegations I that was not listed in her original complaint. 12. Attorney Knotts was able to bring a separate action that I was completely unprepared for. 13. Judge accused me of telling 1/2 truths because I did not recall an event they had adequate time to discuss and I was not afforded the same opportunity. 14. The separate action involved modifying my visitation that was granted a year earlier because the plaintiff was unhappy with pickup location, requested dental insurance, determining what I should do on weekends when I have my children. 15. I had to pay attorney fees for the dental reimbursement which will amount to over $800. 16. There is another over $1300 that I will possibly have to pay for attorney fees because of action she filed due to the plaintiff not been happy with me receiving visitation. Since I was not held in contempt nor did nothing to bring this action, I do not feel the law should require me to pay for attorney fees to reverse an earlier decision by the courts. 17. Plaintiff also accused me of not doing things that she wants me to do with the kids on the weekend. Why should the court give me visitation when I still have to do what the plaintiff wish? 18. Courts will effectively diminish my ability to be a parent. 19. I presented information to the judge where the plaintiff has been reluctant in carrying out her duty as a parent such as DSS involvement and a police filing against my 11 year old son. 20. Presented information to the judge that the plaintiff threatened the children not to tell me anything and on multiple occasions his teachers advised me they believe something was going on at the home. 21. Presented information where the principal and teachers would not let plaintiff take son home unless they spoke to me first or they would get law enforcement involved. 22. Plaintiff was held in contempt within 6 months of the visitation order and Judge Smithdeal only threatened her with a $1000 fine if she is in contempt again. Since that time she has missed an additional 3 visitations but I did not file because I did not want to go to court again. There was no threat of jail time. Currently I am held in contempt unless I pay the designated fees within 30 days. With the amount of child support, I will not be able to. Once I go to jail, I will lose my job and I will be another black man caught up in the criminal system because I have tried to do what's best for my children. I believe the judge has been unreasonable and has total disregard for the wellbeing of my children. How would me losing my job and inability to pay child support payments would be beneficial to my children. I take great pride in being able to care for my kids. Effectively, this would give the plaintiff what she has wanted all along and that is for me not to see my kids. This is my punishment for not marrying her. Why would the court grant me visitation when they will allow the Custodian parent to use as a tool for retribution. I understand there are laws that must be followed, but should the true spirit of the law to harm an individual or an encouragement to follow the law. I believe the 2006 order was vague at best that was written by this same attorney, but I do not believe that law should hold me fully at fault. I do respect your position as the Governor of SC, but I do believe you need to review some of the policies and procedures that involve family law and family court proceedings. I realize it may be too late for me, but I am certain this is happening to many black men in this state. We all make mistakes and must do our best to correct, but should we never have an opportunity to correct a wrong because of your law. I am simply exercising my rights to express my concerns as granted due to my status as a resident of SC. Frank Brown- Ph 864-844-5061 Cc: State News Paper Greenville News 167.7.16.100