In the legal profession, attorneys are held to high ethical standards, and when those standards are violated, it is the responsibility of both the courts and the State Bar to ensure accountability. Yet, in Melanie Middien’s case, the attorney representing her abuser, John J. Gilligan of Gilligan, Frisco & Trutanich, LLP, engaged in multiple violations of constitutional rights—and has yet to be held accountable. This raises serious concerns about the failure of both the courts and the State Bar of California to act when such misconduct occurs.
Gilligan’s Violations: An Attorney Overstepping the Law
Throughout the family law and civil proceedings, Gilligan violated Melanie Middien’s and her children’s constitutional rights by submitting court filings that included unredacted confidential information about her disabled children. This sensitive information was protected by privacy laws and the U.S. Constitution, particularly under the Fourteenth Amendment, which guarantees the right to privacy. Gilligan’s actions exposed Melanie and her children to further harm, even after they had already endured years of domestic abuse.
Additionally, Gilligan continued to harass Melanie in court, despite her restraining order against her abuser, Matthew Rader. Rather than respecting the legal boundaries of the restraining order, he pursued excessive legal fees and a non-judicial foreclosure, falsely claiming that Rader, who had been deceased since August 2020, was still alive. This fraudulent foreclosure action not only violated Melanie’s rights but was also an alleged crime under PC115 (false filing in a public record) and mail fraud.
The Role of the State Bar of California and the Judiciary
The State Bar of California exists to regulate the legal profession and to ensure that attorneys are held to ethical standards. When an attorney violates the law or constitutional rights, the Bar has the responsibility to investigate and take appropriate disciplinary action. However, in Melanie Middien’s case, the State Bar has seemingly allowed Gilligan to continue practicing without consequence, despite his multiple violations of ethical and legal standards.
Similarly, the judiciary has a duty to protect the constitutional rights of all parties involved in a legal case. In civil case 21STCV07803, Judge Wendy Chang allowed Gilligan to collect an exorbitant $502,000 fee—far exceeding the $151,000 claim initially presented. This fee included the foreclosure of two community properties, all while ignoring the fact that Gilligan had violated constitutional rights and engaged in fraudulent actions by pretending Melanie’s abuser was still alive. Judge Chang’s refusal to scrutinize the fee bill or address the constitutional violations sends a dangerous message: that attorneys can act without accountability, even when they harm vulnerable individuals like domestic violence survivors.
Why Accountability is Essential
Holding attorneys accountable for violating constitutional rights is not just about protecting individuals like Melanie—it’s about upholding the integrity of the legal system. When attorneys are allowed to engage in fraud and ethical violations without consequence, it erodes public trust in the legal process and undermines the rights guaranteed by the Constitution.
By failing to hold John J. Gilligan accountable, both the State Bar and the courts are sending the wrong message. Domestic violence survivors like Melanie should not be subjected to further abuse through the legal system. Allowing attorneys to violate their constitutional rights without facing repercussions only perpetuates the cycle of abuse.
A Call to Action: The Need for Judicial and Bar Accountability
It is time for the State Bar of California and the courts to take a stand. John J. Gilligan must be held accountable for his actions, and the State Bar must investigate the multiple violations of constitutional rights in Melanie’s case. The judiciary, too, has a role to play in ensuring that attorneys who engage in unethical behavior do not profit from their misconduct.
Melanie’s case is now pending appeal, offering a chance for the legal system to correct the injustice she has faced. As the case moves forward, the State Bar and the courts must act to ensure that attorneys like Gilligan are not rewarded for violating the Constitution. No attorney should be allowed to collect fees for harming a domestic violence survivor and her children, especially when those actions include fraud and the breach of fundamental rights.
Conclusion: Accountability is a Legal and Moral Imperative
The State Bar of California and the judiciary must uphold the legal profession’s ethical standards and protect the constitutional rights of all parties, particularly in cases involving vulnerable individuals. In Melanie Middien’s case, attorney John J. Gilligan violated those rights by submitting unredacted confidential information and pursuing fraudulent legal actions. It is time for the State Bar and the courts to take action and ensure that Gilligan—and any other attorney who violates the law—are held accountable. Justice demands nothing less.
