Tuesday, October 18, 2011

Judge Rant....appropriate...and NOT!





Judge with a temper!!



    Ok, so I start this blog with the comment that....my client is NOT perfect nor has she done what she was supposed to have done.  Having said that, I think that the judge today was WAY out of line.  Not that he shouldn't have laid down the law to my client in the most stringent, almost nasty way that he did (and don't get me wrong, he was nasty).  The main reason that I believe that the judge was WAY out of line was due to the "touchy" issues involved in the case.  There are allegations (and I say allegations because we didn't have a trial to see whether or not the "boyfriend molested" the daughter because the mother didn't want to put the daughter through that.  She had concerns due to the dates alleged and the locations (because they didn't live there when the molests were alleged to have occurred) but she didn't want the daughter subjected to "withering cross" (and I hope I could have done a withering cross if need be).  So...the case was "resolved" as far as a dependency goes in April.  She (the mother) supposedly went to counseling and non-offending parent classes thereafter (but I don't know about it nor do I have any proof that she did).  In June/July, there is a court hearing and it would appear that the mother hasn't gone to classes and/or is telling groups and therapists that she doesn't believe her daughter so Judge is understandably unhappy.

Now, we are at today's hearing....from July until today, there are been several issues with the case.  First, the mother has been tasked at work with not only work but also classes since the work is about to morph into something WAY bigger.  Needless to say, Mom has been working 7 days a week more than 7 hours a day.  Not much time to do classes, therapy, or group.   Additionally, she has been very vocal about her daughters getting into therapy when she perceives that they haven't to this point.  Vocal clients are not favored by the Department.  So, it would appear that I have some things to argue about...but wait, there is the hearing!   The girls are present and through their attorney, they request more visits with mom, unsupervised and overnights and really....they want to go home.  Before I can talk to the judge about what is going on with my client, the Judge launches into his tirade....justifying it by saying that the girls are "old enough" to understand what is going on.  Ordinarily, I would agree that the girls would be old enough to 'not be talked down to' but what he does is WAY more than 'not talk down to them'.  The whole thing is worsened by the fact that there is an eight year old in the courtroom as well (which I truly believe the Judge forgot about).  What followed was a TIRADE of magnificent proportions!  The end result....everyone cried (mom and kids) and the teenagers left the courtroom mid-tirade in tears!

Did the mother need a tirade?  Probably....Did the teenagers need to hear it...as DELIVERED?  ABSOLUTELY NOT!!  Did the eight year old need to hear it?  ABSOLUTELY NOT!  Should the judge have reconsidered and reworded it given his audience...or...excused the teenagers and the eight year old...ABSOLUTELY!!!!

The system is broken and I don't know how to fix it!  Are there parents and children who need services?  Yes!  Are there parents and children who don't belong together....sadly, yes!   Are there parents and children who deserve the recognition of the court and parties for "doing the best they can despite the 'odds'"?  ABSOLUTELY!

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