PRESS RELEASE #33
Beery Receives Response from JQC on Keeble Complaint
Staff Writer – Rick Townsend
05/16/05
Veteran’s rights activist and combat wounded Vietnam veteran Jere Beery has received a written decision from the Judicial Qualifications Commission (JQC) of the State of Georgia concerning his formal complaint against Superior Court Judge Allen Keeble.
On March 4th of 2004, Beery was ordered by Judge Allen Keeble to pay his ex-wife $24,000 in alimony from his only source of livelihood, his VA disability compensation. On March 15th of this year, Beery filed a formal complaint with the JQC charging Judge Keeble with violations of federal codes which protect Beery’s VA disability compensation from attachment by third parties in civil court. “My VA compensation was openly discussed in court by Judge Keeble and my ex-wife’s attorney, Ike Hudson, and determined to be my only source from which I could pay alimony,” Beery said. “My earned VA disability compensation should have never been referred to in court as “income” or an “asset” to support alimony payments,” Beery claimed. A review of Beery’s Final Divorce Decree supports his contention. http://www.jerebeery.com/Beery Court Order1.htm
In a letter from the JQC to Mr. Beery received on this date, May 16, 2005, (curiously back-dated 22 months to July 9, 2003), JQC Executive Director, Cheryl Fisher Custer states; “A careful review of your of your materials reveals no conduct on the part of the judge evidencing any violation of the Code of Judicial Conduct. Rather, it is obvious that you are dissatisfied with the final decision rendered by the Court, a matter over which this Commission has absolutely no jurisdiction.”
"Careful review? This woman has no idea what year it is, much less what my complaint was concerning," Beery interjected.
Ms. Custer continues; “For your information, the Commission in not an appellate court and does not have authority to review, revise or correct the legal or factual validity of any judge’s decision. Such rulings must be appealed to a higher court and pursued through the appellate process rather than by way of a complaint to this Commission.”
Beery said he expected this kind of response from the state of Georgia. “My formal complaint against Judge Keeble was a last ditch effort by me to hold the judge accountable for violating federal laws which protect my veteran’s benefits,” Beery stated.
Ms. Custer’s letter also states; “In summary, while we can readily understand why litigants, such as yourself, might be dissatisfied with a particular judge’s ruling, your only recourse is to attempt to file an appeal. As a rule, any appeal must be filed within thirty (30) days of the decision complained of, and we trust that you have not allowed this time to run on any of your issues.”
Jere Beery feels Ms. Custer’s statement is nothing less than sarcasm meant to antagonize. “If Ms. Custer truly reviewed the material I submitted as she has stated, she would know that I did file an appeal and she would also know my appeal was dismissed because my attorney conveniently did not appear in court. I find her sarcasm totally uncalled for,” Beery stated. “In addition, Ms. Custer’s letter is very unprofessional - incorrectly dated, misspelling of my name, and typographical errors. I would suggest that the JQC hire someone with at least a high school education to serve as Executive Director of such an important commission,” Beery sarcastically fired back.
Jere Beery feels the JQC decision is nothing less than a Georgia good-ol-boy cover-up intended to protect the illegal actions of a Superior Court Judge. “As it stands right now, any disabled veteran appearing in a Georgia divorce court is subject to having their earned veteran’s benefits attached by calculation as an asset/income and awarded to their ex-spouse. This is a blatant violation of federal laws created to protect such benefits from third party awards. And apparently, Ms. Custer and the Judicial Qualifications Commission of the great state of Georgia condone this illegal activity,” Beery said.
Beery has no attorney or funds to pursue this issue any farther. “I have done everything I can do to rectify this matter. All I can do now is warn other veterans of the danger awaiting them in divorce court,” Beery stated. “I have exhausted all legal avenues available to me in my personal case, its over. I will now become an outlaw in the great state of Georgia - because I will not give up my earned veteran’s disability compensation to pay unjustified alimony,” He added. As for Judge Keeble’s $24,000 alimony court order, “I will never pay my adulteress ex-wife one penny of my earned VA benefits, and I strongly advise against any attempts to arrest me for non-payment and/or contempt of court,” Beery said. “I did nothing wrong during my marriage to even warrant alimony payments and I will not honor Judge Keeble’s attempts to railroad me, or my VA benefits,” Beery said.
Beery is not alone in his outrage over this apparent mistreatment of former military personnel in state divorce court. A number of disabled veterans nationwide have come forward claiming they too were victims of similar rulings by state judges.
Dale Van Luven of Hermitage Tennessee is one of these veterans. Van Luven has already served 30 days in jail for refusing to use his VA disability compensation to pay alimony. “It is extremely disheartening to see veterans mistreated and federal laws ignored and abused by civil courts, especially while we have troops deployed in combat,” Van Luven stated. “Anyone who takes the time to read Beery’s court order, or mine, will see our VA benefits were wrongfully and illegally considered as a divisible asset, or income. If that doesn’t qualify as judicial misconduct by a judge, I don’t know what does,” Van Luven said.
Beery and Van Luven are currently looking for an attorney in hopes of filing a class action law suite on behalf of a number of veterans affected by this issue. Anyone interested in joining their effort should contact jerebeery@aol.com “These state judges are not going to stop this madness until someone stops them,” Beery concluded.
To view JQC letter, visit this link > http://jerebeery.com/JQC-Letter.htm
If you would like to contact Ms. Custer and the JQC with questions or comments about veteran’s benefits protection in Georgia;
Cheryl Fisher Custer – Executive Director
Judicial Qualifications Commission
8206 Hazelbrand Road
Suite C
Covington, GA 30014
Office – (770)784-3189
Fax – (770) 784-2454
For the entire story, visit this link > http://jerebeery.com/press_releases_page.htm
[NOTE:] Ms. Custer quotations appearing in this article were transcribed exactly as they appear in the Beery letter, to include typographical errors and incorrect date.