Pleading Hubbies Case to the NYCLU

March 27, 2010 LEGAL INTAKE

From: George J. Jubic
118 River Rd.
Johnsonville, NY 12094
(518) 753-7791
Cjubic@nycap.rr.com

T0: New York State American Civil Liberties Union
125 Broad St., 19th Fl.
New York, NY 10004

Re: George J. Jubic v. Robert Jubic and Robert McAllister
Supreme Court of the State of New York
County of Rensselaer
Case # 214005
Hon. Judge Christian Hummel, Jr.

Dear Sir or Madam,

My name is Christine A. Jubic and I have been a Constitutional Law paralegal for over 15 years. I am also the wife of the (pro se) plaintiff, George J. Jubic, in the above mentioned case that is scheduled for trial on April 26, 2010. It is in the matter of my husbands (forced) self-representation in his partnership dispute case that I am writing to you.

BACKGROUND

George and Robert Jubic are two brothers who’s father operated a family bar and grill for a number of years following WWII. George tended bar at the grill from the day he graduated high-school (1969) right up until the day it closed in 1984, when a fire destroyed the place. The burnt out building lay idle until in 1988 the father signed the property over (gifted) to the two brothers on the condition that they “go partners” in converting the old building into a five (5) unit apartment complex upon which they could depend on an income for life for their retirement days. At the time of the signing over of the deed, brother Robert bought with him a stranger into the mix,….(defendant) Robert McAllister who is a close personal friend of Roberts and a partner in many other ventures singularly with Robert Jubic. Despite objections from family members, including those of George and his father, ….upon Robert Jubics insistence, Robert McAllisters name was added to the deed as a full 1/3rd partner.

Around about 1989 the three partners jointly took out a loan to buy materials and, being all in the home building, repair & maintenance business, they commenced construction on the building themselves. By the mid-1990s the building was complete and fully rented. Robert Jubic was the self-appointed accountant and promised my husband George that he would let him know as soon as the place was making money. My husband trusted his brother and put full faith and credit into his promise to inform him when dividends were being made. Years went by before my husband began to inquire as to the status of the partnerships earnings. However, all Robert would ever tell him is that “it would be 20 years or more” before any profits would be realized.” It is important to note that all through this “waiting time,” my husband George worked “elbow-to-elbow” with the other “partners” in repair and maintenance of the building…..contributing equally in (known) loan liabilities as well as contributing equally in “sweat equity.”

Around about the year 2000, I became aware through various sources, that in fact, all loans on building had been satisfied and that in fact, the venture was making money “hand over fist,” since about 1995-6. In fact, with the first $50,000 in profits, Robert Jubic and Robert McAllister in fact purchased a time share together in Las Vegas.

After verifying that in fact all of this was true, George tried unsuccessfully to settle the matter informally and asked several times for an accounting but none was ever forthcoming. Left with no other recourse, my husband then had to hire a lawyer to protect his interests in the partnership dividends and property. In the meanwhile, we were suffering such financial hardship that we were forced to file a Chap 13 bankruptcy to save our (one and only) home / house from foreclosure.

Discoveries were completed and a trial date was set. However, just weeks before the trial, Georges lawyer could not be found. A call to the NY Bar Association informed us that his lawyer had been permanently disbarred (for reason un-related to this case.)

Based on his indigent status, George made an application to the court for assignment of counsel. In that application, George submitted letters to the court from two of his psychologists validating the fact that, due to certain mental / cognitive disorders, George was not a candidate nor qualified to represent himself in court. Nevertheless, the court denied the motion indicating that it “did not” have the power to assign counsel in civil cases.

We have done everything possible to get legal representation for my husband. We have made dozens and dozens of inquiries to the various bar associations as well as individual lawyers and firms. We have sought help from the Legal Aid Society as well as the various Law School Clinics, all to no avail. I even made an attempt to in- plead myself on the case as an interested party but was denied and even BARRED from attending any conferences regarding the case.

As it stands now, my husband is in the untenable position of being forced into self-representation even though there is no doubt in his or anyone else’s mind that he is not IN THE LEAST BIT qualified. He knows NOTHING of the law or trial procedure and has problems speaking in front of people or communicating his thoughts well.

As a paralegal I am aware that there is a movement in legal circles calling for a “Civil Gideon,” which is a right to counsel in “certain” civil cases where vital interests are involved other than loss of freedom. While most such cases involve a state or administrative action against a party, ,….my husbands case involves only a private interest but I hold that the interest in maintaining ones solvency and “freedom from poverty” is as vital an interest as any . Justice Learned Hand once said, “Poverty imprisons people just as certain as do bars.” Moreover, in addition to the “vital interest” in maintaining solvency, there is the “vital interest” every citizen has in equal justice / equal access to the courts. It has been held in many cases, that “access to the courts” must be MEANINGFUL, and that meaningful access can ONLY be had through representation by a qualified attorney.

I am writing in hopes that your organization might be interested in litigating my husbands case on his behalf, as the outcome would have national implications and even IF NOT successfully won, would still make a GREAT progressive stride in the civil Gideon movement. I am hoping you will take my husbands case not only to see to it that justice is served for him, but for all indigent litigants involved in “vital interest” civil cases.

To learn more about the Civil Gideon movement, click on title above to follow this link;
http://legal-eaze.blogspot.com/2010/03/civil-right-to-counsel-civil-gideon.html

Thanking you in advance for any consideration you may give this matter. We anxiously await your reply
(trial is scheduled to begin w/ jury selection on April 26, 2010, at 9:30 am in the Supreme Court of the State of New York, Rensselaer Co.

Sincerely,


____________________________________
Christine A Jubic for George J. Jubic

____________________________________
George J. Jubic
(518) 753 - 7791