Proposed gag order in Harrison family law case put on hold

CLARKSBURG – At least until the chief justice of the state Supreme Court determines if a judge should remain on the case, a Harrison County man remains free to speak his mind about his family law ordeal.

J. Kirk

Mary E. Snead, the guardian ad litem for the children of Joel and Tina Kirk in their pending divorce, filed a motion in Harrison Family Court on Sept. 27 to prohibit Joel, 43, of Bridgeport, from publically disclosing any more details about the case. The need for the gag order, Snead said, was due to information about the children, including her Dec. 14, 2010 report, posted on the Web site for A Voice for Men, a men’s rights group based in Houston, Texas.

The report, along with audio and video recordings that were admitted into evidence in closed-door proceedings that are now online for all the world to see is not in the children’s best interest, Snead said. In her motion, Snead asked that Judge Lori B. Jackson not only prohibit Kirk from releasing any more information about the case, but also order AVFM to remove the information currently posted on their Web site.

“The children in this proceeding have suffered greatly and should not have their names and confidential statements published on the world wide web where anyone can read their disclosures and hear their grief,” Snead said.

“This GAL specifically states that such furthering of this conflict and publication of confidential information is not in the children’s best interest and requests that this Court enter an order enjoining the publication of any and all information related to the children.”

“Specially,” Snead added, “this GAL request that Mr. Kirk be enjoined from releasing information regarding the children, that said web sites be enjoined from publishing said information, and that said web sites be ordered to immediately remove the GAL’s recommendations, the links to audio of the children, and any information or documentation that serve to identify the children in any way.”

The next day, records show Jackson set Oct. 4 for a hearing on Snead’s motion. Along with marking out the name of Kirk’s attorney James W. Douglas on the list of names of people to be served with it, Jackson wrote in the order that “Ms. Snead shall be responsible for ensuring that Mr. Kirk receives notice of the hearing as he is currently self-represented in this matter.”

In a motion filed Oct. 3, Kirk, an active duty Air Force pilot, said Jackson’s statement he is currently self-represented is “inaccurate and presumptuous.” In his motion, Kirk asked both for a continuance so he can file a writ of prohibition to circuit court, and that Jackson recuse herself from the case.

Later that day, Jackson granted Kirk’s motion to continue the case pending determination by Chief Justice Menis E. Ketchum if she should remain on the case.

The West Virginia Record contacted Jackson for a comment on her order apparently restricting Kirk from having Douglas, or any other attorney, represent him at the Oct. 4 hearing. She said that “attorneys are always welcome in my court, and I hope attorneys come to most hearings because it makes proceedings somewhat smoother.”

Before making any additional comments, Jackson said she had a prepared statement to release, and would fax it to The Record’s office. However, the statement was not received by presstime.

Also, The Record attempted to get a comment from Snead, an attorney with Robinson and McElwee, and Afton Aman, Tina Kirk’s co-counsel, with the Clarksburg firm of Smith, McMunn and Glover, about the proposed gag order. Snead did not return repeated calls, and Aman said only, “We’re really just interested in keeping the children out of the spotlight and that their information is protected.”

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  • BestInterestsOfMother

    These children trapped under the thumb of their abusive mother is not in the children’s best interests.

    The GAL and Judge are merely enablers of abusive mothers.

  • http://twitter.com/thecgf Commonwealth Games

    “We’re really just interested in keeping the children out of the spotlight and that their information is protected.” Bull, the only thing they’re interested in is keeping their vile conduct secret. These are ‘lawyers’ who actually offered to SELL Lt. Col Kirk’s children back to him!

    See: http://www.avoiceformen.com/a-voice-for-men/avfm-radio/mwt-radio-interview-with-lt-col-joel-kirk/ for all the details of this dispicable judge and this woman’s unethical lawyers.

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  • Old_Fart_Henry

    I wonder if Snead has heard of Barbara Streisand
    I have all the information downloaded from AVFM hosted off shore.

  • Pingback: Judge Lori Jackson & the 1st amendment | A Voice for Men

  • andybob

    These criminals couldn’t care less about the ‘best interests of the children.’ If they did, they would not have sent them back to their violent and abusive alcoholic mother. This case exposes the anti-male bias of Family Courts as the discrimination that it is. Well done ‘A Voice for Men’ for their tireless work on behalf of Lt. Col. Kirk and his frightened and battered children. Shame on everyone else. 

  • tsmith1970

    The only reason Family Courts have been able to abuse fathers the way they have is because of the secrecy they operate under. Good job, A Voice For Men, for exposing these corrupt Judges and Lawyers. The only hope these abused kids have is for the public to see what is going on.

  • Pingback: Second motion to gag AVfM filed | A Voice for Men

  • Not buying it

    The dishonorable. Lori B Jackson, trying to hide here incompetence , anti- fathers rulings.

  • Prepping Wisely

    Judge Lori B. Jackson is a feminist judge who is committing activism from the bench.

  • http://www.facebook.com/people/John-Narayan/534854059 John Narayan

    Yes I must say the avoiceformen.com is very interesting, I was glued to it for hours, they also have podcasts on I-tunes at the link below.

    http://itunes.apple.com/au/podcast/voice-for-men-blog-talk-radio/id429669134

  • Knightrunner

    People are beginning to take notice. Soon society will no longer allow this kind of criminal activity against men and their children. Corrupt judges and protesters will no longer be able to violate the civil rights of men and place children in the hands of dangerous people, while hiding in anonymity. People are watching. One day men and women will be able to live together as equals. Its time for people to see the harm that the hate movement known as feminism has done to society. Children are not pawns to be used to forward the feminist agenda. Men and children are people too. They deserve equal protection under the law.

  • http://www.facebook.com/people/Whatmenaresayingaboutwomen-Jay/100002714995615 Whatmenaresayingaboutwomen Jay

    Another typical example on how the courts, especially feminist controlled courts and judges will stop every efforts made by the Father to get a fair deal. Here is another disgraceful Judge demonstrating once again that granting the children to an abusive, drunk mother is better than allowing them to be cared for by a deserving Father.

    One wishes this to be a rarity but as the courts are infiltrated by biased, sexist and discriminatory Judges, this just gets worse every day. One wonders where their real concern is, as they have demonstrated that it is definitely NOT for the children involved.

  • Raven001

    The gag order seems to be much more likely to protect a judge that placed children in the care of an abuser (as stated in the Guardian Ad Litem’s own report to the court) than to protect the children.
    For justice to be done and these children protected there can be no gag order.  Allowing this judge to disregard evidence and act on her own personal biases is endangering these children.
    The only way to stop this abuse (both of power and of children) is to provide West Virginia residents with pertinent information on the behaviour of their judges.

  • Losing patience

    In my own custody battle with my exwife I included specific complaints about her instability and specific evidence including writing in her own hand admitting that she drove the children while stoned and audio evidence similar to Lt. Col. Kirk’s of my ex-wife ranting attacks on our children.  We had a custody evaluation which jumped through rhetorical hoops, like a pro who had done this over and over again – knew all the tricks – to avoid entirely the inconvenience of dealing with my legitimate conerns about the safety of my children and the evidence I possessed of the instability of their mother. 

    I have watched throughout this long process as the entire court process urges … stay with the process, “best interest of the children”, keep it quite, trust and submit to the courts and professionals, all with a veneer too of “you had better do what we say if you know what’s good for you.”

    I offer this to the family courts on behalf of me, and concerned fathers everywhere: I give you one thing – patience.  Lt. Col. Kirk also gave his patience, and his trust.  This is what we know you do with our patience and trust.  Keep it up.  Gag all you want.  It won’t stop us, we aren’t laying down – we are putting your filth out in the open and with the evidence, we will name names.  It is time to stop checking which complaintant is the right gender, and to start doing your job and putting children first.  Figure it out.  You have our patience.  Not. One. Thing. Else.

  • Guest

    Is it proper to allow a divorce case go on for 3 years in Harrison County!!! Is it proper to allow an active duty military member deployed overseas to be served with court motions!!!  Is it proper for video evidence of alledged wrong doings of the mother to be dismissed!!!  How can a non-working wife afford two attornies? Just saying…somethings are just not right in this County.

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  • justbored

    If the judge doesen’t rule in your favor, attack them in the media? Just because the father is a military pilot(big hero) everything should go his way. We dont know the facts other than the fact that A VOICE FOR MEN ARE A BUNCH OF DICKS.

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