E-mail: matjust@crosslink.net, URL: http://www.amatterofjustice.org
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Ralph F. Boyd.Jr., Assistant Attorney General
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Jacob Roginsky, Ph.D.,
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March 23, 2003
Dear Mr. Boyd:
The
organization A Matter of Justice (AMOJ) is the largest legal reform coalition
in the country (see www.amatterofjustice.org). We wish to call to your
attention a case involving an egregious deprivation of federal Constitutional
rights of one of our members, Attorney H. Beatty Chadwick. A petition for writ
of certiorari has been filed in this case with the U.S. Supreme Court: H. Beatty Chadwick v. Barbara
Crowther-Chadwick.
The
petitioner, Mr. Chadwick, has been imprisoned without trial for eight years in
Delaware County, Pennsylvania for ‘civil’ contempt because he has been unable
to deposit with the court $2.5 million in cash, funds which he maintains were
part of an illiquid overseas real estate investment he does not control. The District Court for the Eastern District
of Pennsylvania granted habeas corpus relief in January 2002. However, his former wife (but none of the
state respondents) appealed, and the U.S. Court of Appeals for the Third
Circuit reversed the judgment because of technical issues under the standard of
review mandated by the Anti-terrorism and Effective Death Penalty Act (AEDPA).
The
case raises several important issues.
Amongst them are a) whether the due process clause limits the length of
time a person may be incarcerated for "civil contempt" and b) whether
procedural due process requires the contemnor actually have the "key"
for his own release and c) that the court select the most appropriate and least
intrusive means of carrying its civil orders into effect, like for instance,
appointing a receiver to locate and bring property before the court, rather
than imprisoning a person indefinitely where it is not certain that he
possesses the key to his own release.
It also raises the interesting question, which may be of more than
passing interest to your department, whether a private party has standing at
all to appeal the grant of a writ of habeas corpus where no state respondent
has appealed
In
the AMOJ amicus brief that is currently under preparation, we are also raising
issues of the violation of Mr. Chadwick's Fourteenth, Fourth, Fifth, Sixth and
Eighth Amendment rights. Although the
Sixth and Eighth Amendments pertain to criminal cases, treating Mr. Chadwick’s
case as a civil case after the eight years of his incarceration is
unreasonable. No one proved beyond a
reasonable doubt, or, for that matter, even by clear and convincing evidence
that Mr. Chadwick holds the "key" to his release, as is required in
cases of civil contempt. Yet he has
served more time than most citizens convicted of crimes and has been denied the
protections of the process afforded to the criminal defendants. What would the founding fathers say of such
treatment of a citizen?
Mr.
Chadwick's suffering has recently increased due to the discovery that he has
lymphoma, for which he has begun chemotherapy.
The sense of despair that he feels due to his circumstances cannot be
conducive to heeling, making his incarceration even more unjust and
inhuman. Looking at Mr. Chadwick's
circumstances, both Americans and citizens of other countries may appropriately
ask, "Do the Americans really possess the constitutional rights, or is it
just a farce? They may also ask, “How can
the American government preach democracy and justice to the world when it
permits such violation of human rights in its own country?"
We
urge you to consider the filing of an amicus brief supporting the grant of
certiorari in Mr. Chadwick's case, and to consider intervening in a separate
state court proceeding brought by Mr. Chadwick to secure his release. The latter is now on appeal in the Superior
Court of Pennsylvania, Chadwick v. Caulfield, No. 3528 EDA 2002, since the
trial court once again denied Chadwick's release. Further information on Chadwick’s case and a copy of his Petition
for Writ of Certiorari to the US Supreme Court may be viewed at: http://www.amatterofjustice.org/cfdocs/50casespage.cfm?caseno=5 and
http://www.amatterofjustice.org/cfdocs/50casespage.cfm?caseno=6,
or from me: Jacob Roginsky, President, A Matter of Justice Inc, P.O. Box 1209,
Dahlgren, Virginia 22448-1209, Tel: (202) 277-7454.
I
greatly appreciate your prompt consideration to assist in rectifying the
injustice that has occurred and continues to occur in this case.
Sincerely,
Jacob Roginsky,
Ph.D., President
A Matter of
Justice Coalition