Sunday, April 9, 2017

State Bar of California challenged by Women's Civil Rights Attorney


  Patricia Barry is challenging her disbarment before the Federal U. S. Ninth Circuit Court of Appeals against California State Supreme Court and State Bar of California.


In 1986, Barry argued the first sexual harassment case in U. S. Supreme Court, Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) in which Justice Rehnquist writing for unanimous court held that environmental harassment like quid pro quo harassment is gender discrimination. Barry also won Vinson v. Taylor, 753 F.2d 141 (D.C. Cir. 1985) which was the case challenged in the Supreme Court sub nomine Meritor.

Historically, April 11, 2017, Tuesday, at 2:30pm Commissioner Peter Shaw of the U.S. Ninth Circuit Court of Appeals, in Courtroom 2, at 95 Seventh St, San Francisco will conduct a hearing as to whether Patricia Barry, Women’s / Civil Rights Attorney should be disbarred from practice in the Federal Ninth Circuit Court, based on disbarment by the California Supreme Court, initiated by the State Bar of California.  Barry was admitted to the Ninth Circuit Bar in June 1985. Barry had practiced for 41-1/2 years in both state and federal court when the Court disbarred her.

According to Barry, in each of the three cases on which the disbarment is based Barry represented a domestic violence victim trying to regain custody of her child(ren) from the abuser, Carol Mardeusz in July 2000; Darla Elwood in 2002 through 2006; Michele Fotinos, 2010 to the present time.

In the Marduesz case the complaining witness was Marin judge Verna Adams, who found Barry in contempt in July 2000 in part because she objected to the prosecutor’s badgering of Mardeusz stating truthfully that Mardeusz was a victim of domestic violence. When Barry stated that Mardeusz was a victim of domestic violence Judge Adams immediately ordered the bailiff to place Barry in a holding cell in front of the jury.

Barry also went on to say the following, “that in the Elwood case, the complaining witness was Joseph Morin, the father of two of Elwood’s children, whom Barry had sued. He is a child batterer (there are declarations from Elwood’s two older children who described his abuse).

Morin also engaged in racial violence (settled the case for a substantial amount of money) and in addition, threatened to kill a woman who he believed was a lesbian (she was) (she had obtained a two year restraining order against him based in part on his death threats against her).

In the Fotinos case, the bar witness is Betsy Kimball who defended a San Mateo attorney Stephen Montalvo whom Barry was suing because he committed gross malpractice and fraud against Fotinos. In 2012 when Barry served Montalvo with the legal malpractice/fraud complaint, the Bar appointed Kimball to the legal malpractice insurance committee.

Montalvo took $70,000 from Fotinos and left her with no kids, no community property, and $67 a month in child support. Barry had not paid $4,275 in discovery sanctions to him and $1,500 to the Court because Fotinos had no money to pay attorney fees to Barry. The Bar prosecutor found that Barry lacked the funds to pay the attorney and the Court the sanctions. 

The judge entered a judgment in the Montalvo lawsuit which did not include the sanctions orders.  Nonpayment of discovery and judicial sanctions, although not included in the judgment, is the primary reason the Bar disbarred Barry.”

On April 11, 2017, Patricia Barry must prove (1) a deprivation of due process; (2) insufficient proof of misconduct; or (3) grave injustice which would result from the imposition of such discipline.
Unfortunately throughout our nation, attorneys are now coming under attack by Bar Associations who are interfering with  Constitutional Rights (Freedom of Speech), which also applies to attorneys when they defend in court pleadings vigorously for their clients.
Thus, without Barry to defend the defenseless in both Federal and State courts our country will become a darker place! 

For media inquiries contact Star Moffatt, Spokeswoman Moffatt Law Firm –

#State Bar of California, #Patricia Barry, #Ninth Circuit Court, #Disbar, #Freedom of Speech, #Deprivation, #Civil Rights.

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