Vote No to HCR 53 Study Concerning Registry of Persons With Autism

By Tracie Burke | Motion to Quash LLC | May 9, 2020

Representative Joe Stagni has requested a study that goes against basic ethical principles and guidelines for research involving human subjects with autism and other developmental disabilities. HCR 53 EXCEPTIONAL PERSONS: Requests a study concerning a voluntary registry of persons with autism and other developmental disabilities for use by law enforcement professionals. Stagni’s request poses some troubling ethical questions concerning privacy, discrimination, and legal harm. It does not answer the question of what the standard should be for judging how much and what sort of information should be provided for the study.

According to The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research principle guidelines, research involving persons with Autism and other developmental disabilities needs extensive protections.

The National Research Act

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On July 12, 1974, the National Research Act (Pub. L. 93-348) was signed into law, thereby creating the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research, as well as the Belmont Report and Institutional Review Boards (IRBs). One of the charges to the Commission was to identify the basic ethical principles that should underlie the conduct of biomedical and behavioral research involving human subjects and to develop guidelines which should be followed to assure that such research is conducted in accordance with those principles. In carrying out the above, the Commission was directed to consider: (i) the boundaries between biomedical and behavioral research and the accepted and routine practice of medicine, (ii) the role of assessment of risk-benefit criteria in the determination of the appropriateness of research involving human subjects, (iii) appropriate guidelines for the selection of human subjects for participation in such research and (iv) the nature and definition of informed consent in various research settings.”

Basic Ethical Principles

  1. Respect for Persons. — Persons with diminished autonomy are entitled to protection. The principle of respect for persons thus divides into two separate moral requirements: the requirement to acknowledge autonomy and the requirement to protect those with diminished autonomy.
  2. Assessment of Risks and Benefits. — For a review committee, it is a method for determining whether the risks that will be presented to subjects are justified.

The Louisiana Department of Health has already indicated that studies such as HCR 53 are not feasible. House Concurrent Resolution No. 84 of the 2019 Regular Session requested the Louisiana Department of Health to study the feasibility of issuing a special identification card to individuals with an autism spectrum disorder diagnosis and the study that the Louisiana Department of Health produced in accordance with that Resolution indicated, “it is not feasible for the department to issue such identification cards because it has no processes currently in place within which that function could be included.” This volubly confirms that it is not feasible to conduct a discriminatory study concerning the potential use of the NCIC database for creating a registry of persons with autism and other developmental disabilities.

Furthermore, Louisiana law, R.S. 40:2404.2(C), already provides for training of law enforcement officers on interacting with persons who have developmental disabilities. Autism Risk and Safety Management provides training and resources for law enforcement, emergency first responders, parents, educators, care providers, and the autism community. Autism training offers scenarios that describe not only the highest risk autism and law enforcement encounters but strategies designed to lower risk when police officers and first responders interact with autistic citizens and resolve the dilemma of recognizing autism related behaviors and characteristics.

The Nature and Scope of Risks and Benefits

The Assessment of risks and benefits requires a careful arrayal of relevant data, including alternative ways of obtaining the benefits sought in the research. One example, The National Autism Registry (NARY) was started in 1999. The mission is to provide opportunities for individuals with developmental disabilities and their families to engage in community-based experiences that were not available to them due to the difficulties of the individual with developmental disabilities. It was founded by Valerie Herskowitz, a mother of a son with autism, and her husband, Garth Dolderer.

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The risks that HCR 53 presents to the subjects are not justified. Joe Stagni appears to be a disablist, contributing to the possibility that harm of autistic individuals may occur. Moreover, a conflict of interest is present since Stagni receives thousands of dollars in contributions issued by medical marketing agencies. This requires review by the Louisiana Ethics Administration.

Austistic populations are already burdened in many ways by their disabilities and environments. When research is proposed that involves risks and does not include a therapeutic component, they should be protected against the danger of being involved in research soley for administrative convenience or political purposes. Call or write to your legislators today and urge them to vote no to partisan bill HCR 53.

Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC promotes legislation that supports the American Anti-Corruption Act.

Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019. Click here to donate.

New Tools for Legal Developers and Organizations

Free Law Project has been working on some big upgrades to its systems and when they build tools, they share them with the community. They have three big new tools for legal developers and organizations:

Database of Courts

 Ever wish there was a list of hundreds of courts with identifiers and aliases for all of them? Their new “Court DB” has over 17,000 lines of code describing over 700 courts. Learn More: https://free.law/2020/03/10/announcing-a-new-open-database-of-court-information-ids-and-parsers/

Pictures of Judges

They now have more than 1,000 portraits of judges ready for you to put in your projects. Learn More: https://free.law/2020/01/16/weve-added-nearly-1000-images-to-our-open-collection-of-judge-portraits/

PACER APIs

Don’t make another scraper for PACER. They now have a growing collection of APIs for that. Learn More: https://free.law/2019/11/05/announcing-our-new-pacer-fetch-apis/

Until today, if you wanted to add something to the RECAP Archive on CourtListener, you had only one option: Use the RECAP Extensions to purchase the item from PACER, and let the extensions do the upload on your behalf.

Starting today, they have a new free API released in Beta that anybody can use to get dockets and PDFs from PACER and add them to our website, APIs, and replication systems.

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https://free.law/2019/11/05/announcing-our-new-pacer-fetch-apis/

Tracie Burke is Louisiana Author of Motion to Quash. Her work focuses on providing education, information, and justice for women survivors of domestic violence in Louisiana. She can be reached at tracie@motiontoquash.org

Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted properrty of Motion to Quash LLC 2019. Click here to donate.

Supporting Journalism in the Public Interest

by Tracie Burke | Motion to Quash, LLC | September 20, 2019

Dear Readers,

Here is the lawsuit we are filing to remove a gag order so we can publish information about issues concerning Judicial reviews and corruption in Jefferson Parish. Please share our donation link and, if you can, donate. Our representation is pro bono and your donation helps cover the filing fee. Thank you for your support.

Tracie-Burke-v-Louisiana-Judiciary-CommissionDownload

paypal.me/MotiontoQuashLLC

external link

Update: We just received a $50 donation from Rusty Autry, who is a candidate for Louisiana State Rep. The balance is $350. Thank you, Rusty!

Without people like you, Motion to Quash LLC would not be able to continue its mission to provide information and justice for women in Louisiana.

MOTION TO QUASH ISSN 2644-1594 is the copyrighted property of MOTION TO QUASH, LLC 2019. Please consider making a contribution to help provide education, information, and justice for Louisiana ciizens. We promote legislation that supports The American Anti-Corruption Act, The False Claims Act, and The Whistleblower Protection Act.

Tracie Burke is Louisiana Author of Motion to Quash. Email: tracie@motiontoquash.org

A JOURNEY THROUGH THE JEFFERSON PARISH LABYRINTH OF INJUSTICE

By Tracie Burke | Motion to Quash LLC | 9/5/2019 

An institutional collapse of the legal profession in Jefferson Parish is unfolding before us and the proof is in the campaign finance abuse. Personality contests of which lawyer or law firm has more influence with judges in the 24th Judicial Court of Jefferson Parish have created fertile ground for dangerous trial court decisions for women survivors of domestic violence. 

The Motion to Quash LLC Blacklist of the 24th Judicial Court of Jefferson Parish journeys through a labyrinth of injustice for women survivors of domestic violence. As a result of long standing financial ties of parties involved, a significant number of women are denied protective orders.  Attorneys are hired to balance the scales of favoritism, not justice. 

Here is the link for the Motion-to-Quash-LLC-Blacklist-24th-Judicial-Court-of-Jefferson-Parish-spreadsheet-1 Download

Motion to Quash explored data from the National Center for State Courts NCSC, the Louisiana Protective Order Registry LRPO for the years 2017, 2018, and 2019, the Department of Justice Office on Violence Against Women, the Louisiana Commission on Law Enforcement, the Louisiana Secretary of State, the Louisiana Ethics Administration Campaign Finance Reports, CourtListener, PACER, Jeffnet, the Jefferson Bar Association, and the Louisiana State Bar Association.

Jefferson Parish significantly decreased the number of cases with the Louisiana Protective Order Registry each year since 2017, even though there was a significant increase in domestic violence cases of women seeking relief. Despite grants awarded to the Louisiana Commision on Law Enforcement to ensure protection, Jefferson Parish continues to deny a high number of protective orders for women, even though they meet the requirements.

ABOUT OVW GRANT PROGRAMS

The Office on Violence Against Women (OVW) currently administers 19 grant programs authorized by the Violence Against Women Act (VAWA) of 1994 and subsequent legislation. Four programs are “formula,” meaning the enacting legislation specifies how the funds are to be distributed. The remaining programs are “discretionary,” meaning OVW is responsible for creating program parameters, qualifications, eligibility, and deliverables in accordance with authorizing legislation. These grant programs are designed to develop the nation’s capacity to reduce domestic violence, dating violence, sexual assault, and stalking by strengthening services to victims and holding offenders accountable.

In 2018, the Department of Justice Office on Violence Against Women awarded Louisiana $2,871,778  in grants to explore the unique dynamics and key issues of domestic violence cases. The objective was to achieve effective adjudication of Domestic Violence Cases. The grants were awarded as follows:

Louisiana Coalition Against Domestic Violence$90,931OVW State Coal FY 18
Louisiana Commission on Law Enforcement$457,634OVW SAS FY 2018
Louisiana Commission on Law Enforcement$2,323,213OVW STOP FY 2018

Recommendations, Objectives, and Conditions

 Longstanding financial ties between  judges, attorneys, and the Jefferson Parish District Attorney have unbalanced the scales of justice for women survivors of domestic violence.  These practices betray the public’s trust by ignoring the recommendations of the Department of Justice OVW to specifically address the unique dynamics of domestic violence cases and by failing to use its formula to protect women. 

Therefore, Motion to Quash LLC is respectfully requesting that the Department of Justice Office on Violence Against Women audit the 24th Judicial Court of Jefferson Parish, Jefferson Parish District Attorney’s Office, and named Law Firms to examine their practices to determine that:

 1. The 24th Judicial Court of Jefferson Parish ignored  the recommendations of the Department of Justice Office of Violence Against Women and to reurge its recommendations  

2. The 24th Judicial Court of Jefferson Parish ignored conditions designed to ensure programmatic success.

3. The 24th Judicial Court of Jefferson Parish and Jefferson Parish District Attorney did not meet the objectives of the Department of Justice OVW grant to provide effective adjudication for women survivors of domestic violence and to reurge those objectives.

The conditions of OVW awards are designed to ensure that recipients comply with the program’s statutory scope and programmatic requirements.  Otherwise, women survivors of domestic violence would not be able to escape the Jefferson Parish labyrinth of injustice.

Tracie Burke is Louisiana Author of Motion to Quash. Her work focuses on providing education, information and justice for women survivors of Domestic Violence in Louisiana. She can be reached at tracie@motiontoquash.org
Please support journalism in the public interest by donating today. MOTION TO QUASH ISSN 2644-1594 is the copyrighted property of MOTION TO QUASH, LLC 2019.







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Motion to Quash Blacklist for Jefferson Parish Government Officials


By Tracie Burke | Motion to Quash LLC | August 20, 2019 

Motion to Quash Spreadsheets are created using sound judgement methodology to show trends in violations of Code of Government Ethics in Jefferson Parish, Louisiana. After its comprehensive review and consideration, Motion to Quash LLC initiates requests to the Louisiana Board of Ethics accordingly. The Motion to Quash Blacklist for Jefferson Parish Government Officials is Categorized as Follows:

Assessor’s Office

Clerk of Court

Coroner’s Office

Constables

District Attorney

East Levee District

First Parish Court

Town of Grand Isle

Grand Isle Police Department

Grand Isle Levee District

City of Gretna

City Of Gretna Police Department

Greater New Orleans Expressway Commission

City of Harahan

Harahan Police Department

Town of Jean Lafitte

Jean Lafitte Police Department

JEDCO

Jefferson Parish Officials

Jefferson Parish School Board

Jefferson Parish Sheriff’s Office

Justices of the Peace

City of Kenner

Kenner Police Department

Second Parish Court

Southeast LA Flood Protection Authority-West

City of Westwego

Westwego Police Department

MQ-Blacklist-JP-Gov.-updated-10-4-2019Download

The 24th Judicial Court, Juvenile Court and Jefferson Parish attorneys are categorized on another spreadsheet. That will be published soon and linked here.

Tracie Burke is Louisiana author of Motion to Quash. Her work focuses on providing information and justice to women survivors of domestic violence. She can be reached at tracie@motiontoquash.org

Please support journalism in the public interest by donating today. MOTION TO QUASH ISSN 2644-1594 is the copyrighted property of MOTION TO QUASH, LLC 2019.

In the Matter of Marion Edwards

By Tracie Burke | Motion to Quash LLC | August 14, 2019 

The purpose of the Motion to Quash LLC Blacklist is to analyze the Jefferson Parish elected officials and candidates. The stress is on reports of problems and issues with unfair business practices, discrimination, corruption, and on key issues that can be identified to inform campaign contribution policy and guide further campaign laws. In particular, this report focuses on problems and issues in the matter of candidate for Jefferson Parish council, Marion Edwards. 

Methodology

Motion to quash LLC conducted methodology utilizing observations of program operations conducted by OJP Court Clearinghouse and technical assistance project assignment number 154, for the 24th Judicial Court and its organization of the treatment module and the provision of critical services provided by the drug court program. Motion to Quash also obtained information by query through the Louisiana Secretary of State Commercial Division, the Louisiana Ethics Board campaign finance portal, PACER, and by telephone interview with Louisiana Ethics Board Executive Secretary.

Section A. Issues and Problems Implementing the Drug Court Program

1. Unrealistic Program Design

  • Lacking too many critical areas needed for the for the delivery of sound services
  • Unrealistic program design needed to be simplified to a more reasonable treatment design
  • No grievance procedure

     2.  Discrimination

  • The ethnic gender diversity program of staff was not reflective of the community population 
  • More minorities and women needed to be recruited as clinicians to work this program
  • Staff needed Cultural Competence training

     3. Confidentiality Laws

  • Staff needed comprehensive training in federal confidentiality regulations, 42 CFR.

The review of the treatment program of the 24th Judicial District  intense program probation drug court Jefferson Parish Louisiana was prepared by the OJP Drug Court Clearinghouse and Technical Assistance Project at American University, Washington, D.C. 

Section B. Conflict of Interest- Director of Responsibility House Inc. 

Responsibility House Incorporated RH is a private non-profit organization for substance abuse treatment.

  1. Marion Edwards was appointed Director of Responsibility House Inc.- a conflict of interest because clients were referred from the court/judicial system.
  2. No annual report for Responsibility House Inc. filed with the Louisiana Secretary of State 
  3. No disclosure forms for Marion Edwards filed with the Louisiana Board of Ethics, required according to the Campaign Finance Disclosure Act. Candidate is required to file disclosure statements pursuant to R.S. 42 1124,1124.2, 1124.3 for the office he is candidate. Any person who fails to file or fails to timely file the statement required is subject to penalties as provided in R.S. 42:1124.4. 

Section C.- Over 20 businesses not in good standing, revoked by the Louisiana Secretary of State

1. – This signifies a willful attempt to evade or defeat any tax imposed by Tax Titles and shall be guilty of a felony, an attempt to reduce tax liability by deceit subterfuge, or concealing information.

Section D- Bribes through Campaign Contributions

       A. A number of consultant groups, engineers, construction companies, and special interest groups that do business with the Parish have issued campaign contributions in the amount of $103,8000.

Section V- Excessive Civil Rights Complaints

Exceeding 20 complaints against Marion Edwards for Injunctive Relief and Damages brought under 42 U.S.C. Sec. 1983 in connection with but not limited to the following violations:

  • 42 U.S.C. Sec. 1981 Equal Rights
  • 42 U.S.C. Sec. 1985 Conspiracy to Interfere With Human Rights
  • 42 U.S.C Sec. 1986 Action for Neglect to Prevent Conspiracy

Conclusion

Marion Edwards’ long standing financial ties to Jefferson Parish has unbalanced the scales of justice. After reviewing Marion Edwards’ practices, a number of problems and issues have been outlined and Motion to Quash LLC’s consideration is to request that the Ethics Adjudicatory Board (a) conduct a hearing on the foregoing charges; (b) determine that Marion Edwards violated La. R.S. 42:111A(1)(a). La. R.S. 42:1111C(1)(a), and La. R.S. 42:111C(2)(b); and assess appropriate penalties in accordance with the recommendation of the Louisiana Board of Ethics to be submitted at a hearing. 

Tracie Burke is Louisiana author of Motion to Quash. Her work focuses on providing information, education, and justice for women survivors of domestic violence. She can be reached at tracie@motiontoquash.org








MOTION TO QUASH CANDIDATES BLACKLIST OCT. 12, 2019 JEFFERSON PARISH

By Tracie Burke | Motion to Quash LLC | August 9, 2019

Use of political campaign funds has been of great interest lately among Jefferson Parish tax paying voters and members of the Louisiana Board of Ethics.

Of the 126 Jefferson Parish candidates, 22 names appear on the Motion to Quash Blacklist for reports of misuse of campaign funds, unfair business practices, conflicts of interest, discrimination, bribes through campaign funds, and/or some other report of ethics violations. The Blacklisted candidates are highlighted in yellow on the spreadsheet.

The Motion to Quash spreadsheets are sufficient to provide an accurate, reliable and sound judgment of campaign finance abuse. Motion to Quash LLC identifies quid pro quo by compiling and analyzing campaign contribution data and through its understanding of the electoral and public policy-making process.

Candidates are divided in the following categories. The number of blacklisted candidates for each category is provided. The link for the spreadsheet is provided below.

  • Governor- 0
  • Lieutenant Governor- 1
  • Secretary of State- 0
  • Attorney General- 0
  • Treasurer- 0
  • Commissioner of Agriculture- 0
  • Commissioner of Insurance- 1
  • Associate Justice Supreme Court- 2
  • BESE- 0
  • State Senator- 0
  • State Representative- 5
  • Sheriff- 1
  • Clerk of Court- 1
  • Assessor- 1
  • Parish President- 1
  • Coroner- 0
  • Councilman at Large- 2
  • Councilman- 6
  • Justice of the Peace- 1
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Motion-to-Quash-Candidates-Blacklist-2019Download

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org. Motion to Quash LLC successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world.

MOTION TO QUASH LLC BLACKLIST

Jefferson Parish Elected Officials and Attorneys Who Have Incurred Suspicion

By Tracie Burke| Motion to Quash, LLC| 7/21/2019| 11:10 AM

A comprehensive list of Attorneys who clearly can’t win a case unless the courtroom fix is in, the MOTION TO QUASH LLC BLACKLIST includes Jefferson Parish elected officials and attorneys whose campaign finance contributions signifies impropriety and creates bias. The omission of a name could mean the individual or group is under review by the Louisiana Ethics Committee, or some other jurisdiction where the information is confidential pending a hearing on the matter. MTQ examiners review each case individually and requests for charges are consistently turning up hearings and indictments. 

A campaign contribution becomes a bribe when the quid pro quo is shown. Jefferson Parish elected officials are benefiting from the confusion of campaign finance laws by steering contracts and legal work to election campaign donors, and by violating a number of judicial and lawyer codes.

Merely receiving a campaign contribution from someone who benefits from the elected official actions is not enough the Supreme Court said in a 1991 decision overturning the extortion conviction of a West Virginia legislator. Prosecutors must prove a donation caused an elected official to pull levers of government power in ways he would not otherwise. 

Other courts have held a payment doesn’t need to be tied to a specific official for a jury to find quid pro quo, “so long as the defendant understood that he was to take official action whenever an opportunity was presented to him.” It’s a matter of explaining it properly.

MOTION TO QUASH LLC BLACKLIST spreadsheets are sufficient to conclude the benefits theory because it proves there was an understanding between the elected officials and the contributors that contributions would lead to work or a favorable outcome of a case.  

Many Jefferson Parish elected officials did escape the Blacklist but that requires another article for those deserving of praise. Called the MOTION TO QUASH LLC WHITELIST, it’s the reverse of blacklisting. 

Check back in August for updates to the MOTION TO QUASH LLC BLACKLIST. 

Tracie Burke is Louisiana author of Motion to Quash. Her work focuses on providing information, education, and justice for women survivors of domestic violence. She can be reached at tracie@motiontoquash.org Motion to Quash LLC promotes legislation that supports the American Anti-Corruption Act. Please Support journalism in the public interest by contributing today. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019 Click here to donate.



 


MOTION TO QUASH BY TRACIE BURKE (not yet published)

From Gretna, Louisiana, author Tracie Burke, comes a riveting case of domestic violence, false allegations and corruption in Louisiana. It is her response of a lifetime, a domestic violence survivor caught between the politics of Jefferson Parish and the corruption of the Gretna Police Department and Jefferson Parish District Attorney. In a drunken rage, Tracie Burke’s ex-husband Harold “Andy” LaCour ran her down with his truck, breaking her femur in half. She lost half her blood. He nearly killed her and he was never held accountable for her injuries. Little did she know, the biggest injustice was yet to come.