Tuesday, June 26, 2012

Out of Control Judges




There are good and even GREAT judges but...



   I have a case which has been ongoing for almost two years.  That is very long by the new standards set   by the legislature.  However, having said that, this case has LOTS of complex issues that most of the parties have been attempting to address in a diligent fashion.  The original judge on the case was always well prepared and didn't hesitate to sternly correct any party if necessary.  He was in control of the facts and very conscious of his role.  Sadly, it was his turn to return back downtown where he will serve one of the other benches (criminal, civil, probate, or family - and any one of them will be lucky to have him).  What that meant for our case was that it had to be reassigned to the judge who was taking over all of his cases.  This new judge was a former Assistant Attorney General (who are the attorneys for CPS) so needless to say, she has a professional bias towards the Department.  This was her first hearing in this case and despite the fact that she said she reviewed the file, it was clear that she did not do so or didn't do so thoroughly.  One of the attorneys made the observation that the report contained information contrary to what a witness testified to UNDER OATH previously!  Despite that, the report was admitted without redaction.  Despite the recommendation of the Department to give the parents more time...and DESPITE the fact that the case worker testified that one of the parents had done everything asked about him, the new judge ordered that the attorney for CPS file a motion to terminate the parents rights and went on a rant about what was in the children's best interests...after apparently not listening to the attorney for the children who stated that they wanted to go home to their parents.  What happened to listening to evidence, considering legal arguments, examining the file (when you aren't the original judge), and trying to do the "right thing"?

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