In any legal case, especially those involving domestic violence, there is an expectation that attorneys follow the law and respect the rights of those involved. However, in Melanie Middien’s case, attorney John J. Gilligan violated her constitutional rights by including unredacted confidential information about her disabled children in court filings. Despite this blatant disregard for privacy laws and the Constitution, Gilligan has continued to pursue excessive legal fees. The question is: Should an attorney be paid for violating the very rights they are supposed to uphold?
Gilligan’s Court Filings: A Breach of Constitutional Rights
Throughout the family law and civil proceedings, John J. Gilligan of Gilligan, Frisco & Trutanich, LLP submitted court filings that contained unredacted confidential information regarding Melanie’s disabled children. This included sensitive details about their disabilities, which should have been protected under confidentiality laws and constitutional privacy rights. Such violations are not just unethical—they are illegal.
By placing this private information in public records, Gilligan disregarded Melanie’s and her children’s right to privacy, protected under the Fourteenth Amendment of the U.S. Constitution. This right ensures that individuals are free from unjustified intrusions into their personal lives, particularly when it comes to medical information and the welfare of children. In Melanie’s case, the failure to redact sensitive information exposed her children to unnecessary harm and further victimized a family already suffering from domestic abuse.
Should Gilligan Be Paid for Violating the Constitution?
Despite these violations, the court allowed Gilligan to collect an excessive attorney fee bill in civil case 21STCV07803—a bill that included $502,000 collected from community property, including two foreclosed properties. All of this stemmed from a $151,000 claim, related to defending the deceased abuser, Matthew Rader, even though Melanie had a restraining order against him in family law case BD654233.
The court’s decision to permit such a fee, without properly scrutinizing the harm caused by Gilligan’s filings, sets a dangerous precedent. Attorneys should never be rewarded for violating constitutional rights, particularly in cases involving vulnerable individuals like domestic violence survivors and their children. The Constitution exists to protect those rights, and when an attorney disregards them, the legal system must hold them accountable—not reward them with excessive fees.
Why Scrutiny of Fee Bills is Essential
In cases like Melanie’s, where legal rights have been violated, the courts have a duty to scrutinize fee bills thoroughly. It is not enough to simply accept a bill at face value, especially when there is clear evidence of misconduct. By allowing Gilligan to proceed with his non-judicial foreclosure—based on fraudulent claims that Matthew Rader was still alive—the court failed to protect Melanie’s rights and her children’s rights to privacy and due process.
The fact that Gilligan’s filings contained unredacted confidential information should have prompted immediate action by the court to review not just the fee bill, but the entire legal process. Instead, the court allowed the foreclosure of community property and the continued financial harassment of a domestic violence survivor.
A Call for Justice: The Case Pending Appeal
Melanie’s case is now pending appeal, offering a critical opportunity for the courts to right this wrong. The violation of constitutional rights should never be tolerated, and attorneys who engage in such conduct should not be rewarded financially. Gilligan’s actions, from the submission of unredacted confidential information to the pursuit of an excessive fee bill, must be carefully examined to ensure that justice is served.
This case is a reminder that courts must do more to protect the constitutional rights of domestic violence survivors and their children. The failure to analyze the fee bill, combined with the breach of privacy rights, represents a severe injustice that cannot be overlooked. Attorneys should be held to the highest ethical standards, and when they fall short, the courts must take action to ensure that they do not profit from their misconduct.
Conclusion: Holding Attorneys Accountable for Constitutional Violations
In Melanie Middien’s case, the court’s refusal to scrutinize the fee bill of an attorney who violated her children’s constitutional rights is a stark example of how the legal system can fail domestic violence survivors. The unredacted court filings containing confidential information were a clear violation of privacy laws, and the continued pursuit of excessive fees only adds to the injustice.
As the case moves forward on appeal, there is hope that the courts will take the necessary steps to hold John J. Gilligan accountable for his actions. No attorney should be paid for violating the Constitution, and survivors like Melanie deserve better protection from the legal system.
