Levi Johnston fights Bristol Palin to make custody battle public -- and wins

First Levi Johnston bared his bod in Playgirl for the world to see. Now he wants to bare his custody battle with Bristol Palin for the world to see as well.

And two judges in Alaska have agreed that the fight over son Tripp is best played out in public, one of them ruling, according to the Anchorage Daily News, that Bristol hadn't offered any proof that the child would be harmed by the publicity.

~~ Apparently the judge has never moderated comments on the Internet? Where the public is super-duper gentle? ~~

Levi, in his affidavit, called Bristol's mom, former Gov. Sarah Palin, ambitious, powerful and vindictive. "I think a public case might go a long way in reducing Sarah Palin's instinct to attack," he wrote.

"I feel more comfortable in a public courtroom which will help everyone stay civil and be on their best behavior," he said in a statement.

Bristol -- who wanted a gag order and use of pseudonyms in court while she fights for sole custody, along with a visitation schedule for Levi, in a case filed Nov. 4 -- argued that privacy would be in the best interest of the child, and responded to Levi's assertions by saying none of what he said was true.

He said, she said -- in a custody fight? Shock! We're so glad these two never got married.

But ... 

... people do seem to like to listen to Levi. It's true that an attorney for Bristol also personally represents her mom Sarah. And of course, Levi "grew up really fast" and "ain't walkin' away."

Bristol said the former VP candidate was not involved in the case "other than as a grandmother" and that Levi, whom she believes will soon be filming a reality TV show in Alaska, wanted things public "for his own self-promotion." 

Thomas Van Flein, a lawyer for of Bristol, pointed out that even routine celebrity custody battles typically protect the privacy of the child. He cited the Britney Spears-Kevin Federline and Alec Baldwin-Kim Basinger cases. 

Levi's lawyer, meanwhile, wrote that his client "feels Sarah Palin, through her lawyer, under the guise of Bristol Palin's name, would run roughshod over his very bones."

Gotta protect those bones, kiddo. Depending on what comes to light, an open proceeding could prove embarrassing for everyone involved.

Yeah, nothing like the public spotlight to keep people on their best behavior.

-- Christie D'Zurilla

Photos: Levi Johnston, top, arrives at the US Weekly Fall Hot Hollywood party at the Voyeur Club in West Hollywood on Nov. 18, 2009. Center right, Johnston and Bristol Palin appear at the Republican National Convention on Sept. 3, 2008, back when the grandma-to-be was a VP candidate and the two were supposed to get married. And below, Sarah Palin, with husband Todd, opens her terrifying jaws to attack an innocent woman at a book signing in Colorado on Dec. 3, 2009. Or maybe Palin is just being friendly, laughing and talking? Sorry, Levi, didn't mean to scare you. Credits, from top: Nina Prommer / EPA; Charles Rex Arbogast / Associated Press; Bryan Oller / Associated Press.

Levi Johnston dispatches previously handled with latex gloves by the Ministry of Gossip:

Conan O'Brien apologizes to Levi Johnston, with Shatner's help

Levi Johnston wants a retraction after Shatner's NBC beat tweets

Levi's rep promises 'full johnson' (Did he mean 'full Johnston'?)

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Comments

[longcat]

These domestic problems are always interesting to the public. If Sarah Palin wasn't interested in celebrity and decided to keep her governorship in Alaska, we wouldn't be interested in her family or their trials and tribulations. But fame and fortune beckon and she has a "book" and a book tour. Great for her, but you can't have it both ways.... use your family (and extended family) to tout your virtues and then hold back on the gossip that ensues. Liberal, or right-winger, if we open ourselves up to the public we can't cry about the invasiveness of the press and that goes for our families. That's why many don't run for political office.

[David]

This sounds like the kind of garbage that happens here in the Southeast. Are we sure that the Palins aren't from Alabama?

[macp]

"you left sided democrats are so scared of some one with proven talent to manage"

Don't you mean proven talent to quit when things get tough?

LOL

[Gonne Yeats]

I agree with the judges: if Bristol is as good a mom as it appears she wants to be, the child has at least 4 years before he's aware of the publicity. If the the 12-month-year old is monitoring "the comments on the internet" before then, I say, TRIG FOR PRESIDENT IN 2016!!

[Ruth Bond]

All this just makes me love Sarah Palin all the more!!
I can't wait until she is president of the U.S.!!

[CDZ from the Ministry]

Hey all, Christie D'Zurilla here again from the Ministry -- if you don't see your post going live this a.m. and you did NOT use profanity or other kinds of slurs in it, then chances are you viciously attacked another commenter, and that's not cool. I'm not publishing that sort of hostility.

Thanks for your enthusiasm, and for visiting the Ministry.

/cdz

[cara]

First, Levi did not bare his bod. Through the publicity hype, I thought he might, but he didn't do it . Shows less of his "bod" than contestants on TV in Miss America swim suit competitions do. (so i hear, I haven't actually looked - update me if I am missing something!)
So why start an article with a misleading description?
Also, how can this writer expect a judge to rule in favor of one party or another based on personal opinions or which side you like better. Each side shows their argument, and has to prove their case for a judgement to be given.
The idea is to create a place where both sides' arguments are equally presented, where evidence to support those arguments can be given, and finally where a judge and jury of peers hopefully balance these sides to make a ruling on the case. This happens because the two sides could not come to the agreement themselves without help.

[CDZ from the Ministry]

@cara -- Hey, it's Christie D'Zurilla from the Ministry here. As far as I know, Miss America contestants on TV don't show their bare rear ends while wet down in a shower, nor pose for the camera naked except a towel placed low enough to expose pubic hair over their genitals.

Actually, Levi might be oiled up in the shower, not wet down -- it's hard to tell in black and white -- so don't quote me on that one.

Where I come from, showing your naked butt in Playgirl is baring your bod. Your mileage may vary. And your "safe search" may be turned on as well.

//cdz

[Cletus]

Someone clearly told Johnston what to say. He is not literate enough to make those statements on his own.

[JuliaB55]

I'm going to quote ruggratz's comment because s/he speaks for millions of us who realize that, regardless of politics, this kid is a class-A slimeball who cares nothing for his child but seeks to further his own despicable aims. Can't wait to see his bad karma bite him in his tiny johnston.

"This is one stupid kid. He thinks Sarah won't be personally vindictive? How about the Republican PR committee who might want to keep Sarah as a potential running mate again in 2012? Think they want this 15 minute turkey spoiling their chances with Sarah? I keep waiting to hear of levi having a traffic accident where his brakes fail ... or dies in his sleep from a heart murmur that no one ever knew about ... this kid is just dying to get a real smack-down by the big boys. Thank God they did not marry. But I hope his dirty laundry is aired all over and suddenly he becomes a public pariah because of some dark secret he forgot about but it gets aired now. Or IRS needs to investigate him with a microscope and turn him inside out. When you put your nose in the public, it needs to get bloodied a little before you learn. He is a weasel and needs to be treated as such."

[halo]

If this were Chelsea Clinton's custody battle, all you Palin haters would be singing a very different song. I'm no Palin fan,. but c'mon folks. Fair is fair. Just because her mother is involved in politics does not mean her children should have to pay a price.

If what's good for the goose is good for the gander, then the media either needs to start picking apart Obama's kids or LEAVE ALL KIDS OF POLITICIANS ALONE!!!
I, for one, am for leaving them alone. Call me crazy.

[halo]

Obviously you have NO clue what you are talking about, as evidenced by your comments.
The problem is the religious right forgets that their job is NOT judge and jury.
You might want to reserve judgement from those whom you do not personally know.
The last line serves as proof of your intellectual laziness. Why come up with a valid point when instead you can lope an epithet.

"Bristol Palin SHOULD be considered a tramp by the religious right but they are allowed to have children out of wedlock, affairs if married, and gay relationships, but if anyone not in their party (Rep.) does it they are judged & condemned. If Palin were a Dem. they'd be saying she had affair with husband's partner, poor judgement for having as child so late with so many risks, and would call her irresponsible for traveling all over to promote book. Let's not even mention her terrible political record and the fact she does not work well wit others (read the book). They are all ignorant goat ropers"

[Krevlob]

Levi Johnston is a nobody. He will always be a nobody. That is why he is trying to make his name on the backs of the Palin family. He is dirt.

[AnaT]

Okay, it was Bristol who filed for "sole custody" and it was Bristol who asked that the court change the rules for her family and make the proceedings private while the rest of us have to make it public record.

Bristol took two opening shots at Levi before he even had time to say no to Sarah Palin's Thanksgiving invitation (can we shout "you lie" here to Sarah?).

So sorry, all you Levi haters think that Levi should just say, "sure take my kid" and "yes, by all means make the proceedings private" because I'm sure Sarah, the Momma bear who protects her cubs and was found guilty (read the "public" transcripts) of using her office to illegally intervene in her sister's custody battle and who her father likes to brag that "Sarah isn't qutting, she's reloading" won't try to meddle in her one and only grandchild's custody hearing.

What is really disgusting is that I'm sure all of you Levi haters would be dumping on Levi if he hadn't tried to fight for shared custody. He can't win with you people, just like Sarah can't lose no matter how stupid and mean she shows herself to be.

[Bluejeans]

This is OLD NEWS already!

[Carr]

Nov. 4, Palin filed for sole custody of Tripp Palin. The motions were filed ex parte--meaning without prior notice.

Before Levi's attorney responded the Palins' attorney Van Flein filed and the Court denied Palin motions seeking: (1) Levi held in contempt and fined $5000 (2) Levi held liable for Bristol's legal fees & costs (3) Levi's statutory time to respond to the petition for custody - shortened.

In the motion the Palins use the name TRIPP PALIN for the baby. Levi Johnston's attorney has motioned the baby's legal name TRIPP JOHNSTON be used. The Palins state "Levi Johnston's recent foray into the porn industry ..." one reason they demand full custody. A Twitter account set up by someone other than Levi which was used as joke fodder on the Conan O'Brien Show is cited as evidence against Johnston, although subsequent to O'Brien's comedy skit regarding the Twitter account, Levi with his attorney stated he has never had a Facebook, Myspace or Twitter account. In the Palins' motion Vanity Fair Magazine is referred to as a "scurrilous scandal publication." The court documents are interesting reading.

[Carr]

The Palin motion for Johnston to be held in contempt was filed November 9th.

[CDZ from the Ministry]

@Carr -- Christie D'Z here from the Ministry. Actually, no need to go to the court docs for some of what you're referring to. The Conan/Twitter stuff is available through the related links to other Ministry posts -- they're at the bottom of the original post.

And if you want to see a dramatic reading of Sarah Palin's book on Conan's show, check out this link:

http://bit.ly/5nadvH

Also, if you have links to the court docs, I'd be happy to publish that with this post.

[CDZ from the Ministry]

@Carr -- thanks for the link to the Palingates blog. Through it I was able to find this link to the actual court documents filed Dec. 23 in the custody case, so MOG readers can click and check them out directly, rather than reading excerpts.

http://www.alaskadispatch.com/images/media/files/news/politics/palin_7.pdf

[Claudden]

I need to ask a question, since I have never been through a custody battle... are they normally open to the press (like criminal trials) or are they normally private? Since the Palins and the Johnstons are currently private citizens (albeit celebrities), it seems like they should be subject to the same legal guidelines that you or I would be in this situation. JMHO

[CDZ from the Ministry]

@Claudden -- It's Christie D'Zurilla from the Ministry here. First off, I am NOT a lawyer or anything close. However, a quick spin around the Internet indicates that the laws in Alaska (like, I assume, in most states) allow the court the discretion to seal a case, or keep it confidential, depending on the circumstances (check out the "b" stuff in the excerpt below).

So in this case, Bristol's side requested confidentiality, Levi's side disagreed, and the judge(s) ruled in favor of Levi's argument that confidentiality was not necessary, stating that Bristol's team hadn't offered evidence that publicity surrounding the case would harm Tripp. (http://www.adn.com/palin/story/1072008.html)

In Alaska, either parent can petition for custody, and no specific mention is made about whether the court should be open or closed. (http://touchngo.com/lglcntr/akstats/Statutes/Title25/Chapter20/Section060.htm) In contrast, for adoption proceedings, a closed courtroom is standard. (http://touchngo.com/lglcntr/akstats/Statutes/Title25/Chapter23/Section150.htm)

I'm not going to get further into this because, like I said, I'm not a lawyer, and I've probably gotten something wrong already. Click the next link, though, for a handy journalist's tool. Note the "findings of fact" line: http://www.thefirstamendment.org/closedproceedings.html

What follows is a straight excerpt from Alaska's court rules:

http://www.courts.alaska.gov/adm.htm#37.6

Rule 37.6. Prohibiting Access to Public Case Records.

(a) Limiting Access. Notwithstanding any other rule to the contrary, the court may, by order, limit access to public information in an individual case record by sealing or making confidential the case file, individual documents in the case file, log notes, the audio recording of proceedings in the case, the transcript of proceedings, or portions thereof. A request to limit access may be made by any person affected by the release of the information or on the court’s own motion.

(b) Standard. The court may limit public access as described above if the court finds that the public interest in disclosure is outweighed by a legitimate interest in confidentiality, including but not limited to (1) risk of injury to individuals;

(2) individual privacy rights and interests;

(3) proprietary business information;

(4) the deliberative process; or

(5) public safety.

(c) Least Restrictive Alternative. In limiting public access the court must use the least restrictive means that will achieve the purposes of these public access rules and the reasonable needs as set out as the basis for the request, without unduly burdening the court.

(d) Procedure. Any request to limit access must be made in writing to the court and served on all parties to the case unless otherwise ordered. A request to limit access, the response to such a request, and the order ruling on such a request must be written in a manner that does not disclose non-public information, are public records, and shall not themselves be sealed or made confidential.

(Adopted by SCO 1622 effective October 15, 2006; amended by SCO 1633 effective May 15, 2007)

Note: Administrative Rule 40 requires the clerk of court to list a case on the public case index even though the case file has been sealed or made confidential under this rule. Only the presiding judge of the judicial district has the power to remove a party’s name from the public case index, and this action may be taken only in very limited circumstances. See Administrative Rule 40(b) and (c).

The terms “confidential” and “sealed” are defined in Administrative Rule 37.5(c).

[Claudden]

Re: Obama's GPA. Nice try, "Ric," but Obama was a law professor at the University of Chicago law school - U of C is one of the most prestigious universities in the country if not the world. You don't get to attend or teach there if you are a dummy - and Obama was there prior to running for office, so no, he wasn't using political pull to get there.

Also, you don't want to open this particular can of worms unless you want the GOP candidates to all undergo the same academic scrutiny. With the exception of Bobby Jindahl and a couple of others, it might not be a pretty picture.

[CDZ from the Ministry]

My heavens that comment of mine was looooooooooonnnnng (It's CDZ from the Ministry, here).

Sorry about that -- intent was to just copy over the law so folks didn't have to click again to read it.

Sometimes I do go on. Blah blah blah.

//cdz