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August 2010
GEORGIA
Attorney charged with forging
judge's signature
By
Christian Boone, The Atlanta Journal-Constitution
08-10-10 --
Georgia Bureau of Investigation agents on Tuesday arrested a
Stockbridge attorney alleged to have forged a Fulton County judge's
signature on several court orders. . . . Lynn Swank was arrested at
her office and charged with four counts of forgery, two counts of
perjury and one count of theft by deception. Swank also stands
accused of lying under oath after telling the judge her former
husband forged the signatures. . . . Fulton Superior Court Judge
Gail Tusan requested the GBI investigation in January after
discovering her faked signature on four orders terminating parental
claims. The orders, required before a child can be placed for
adoption, were presented by Swank on behalf of Catholic Charities of
the Archdiocese of Atlanta, said GBI spokesman John Bankhead.
MINNESOTA
Freed Toyota Driver:
My Children Don't Know Me
Attorney Credits ABC News Report for Helping Koua Fong Lee Win
Release from Prison
By
Angela M. Hill, ABC News
08-06-10 --
In his first interview since winning freedom yesterday, Koua Fong
Lee, the Minnesota man jailed after his 1996 Toyota Camry sped out
of control and killed three people, said his two youngest children
don't know their father because he's been imprisoned on vehicular
homicide for the past three years. . . . "The first thing I'm going
to do is talk to them, to get to know them, to play with them," Lee
told ABC News. "I want them to know I am their daddy. I will teach
them what the word daddy means." . . . After a judge ordered Lee
freed from prison Thursday pending a new trial, prosecutors
announced they would not try Lee again.
NEW
YORK
N.Y. Appeals Court Affirms
Lesbian's Duty to Pay Child Support
Proskauer Rose partner calls Thursday's decision 'groundbreaking'
Joel
Stashenko, New York Law Journal
08-06-10 --
Hewing to the bedrock family law principle that the financial
support of a child must be premised on the youngster's best
interests, a New York state appellate court has upheld a woman's
obligation to pay support for a child borne by her former lesbian
partner. . . . Although the respondent, identified only as E.T., has
neither biological nor adoptive ties to the child, the Appellate
Division, 2nd Department, noted in
H.M. v. E.T.,
06313, that the mother H.M., in conceiving the child through
artificial insemination, had relied on E.T.'s assurances that she
would help support the child. . . . "This Court has previously
employed the 'implied promise-equitable estoppel approach' ... to
preclude a man with no biological or adoptive connection to a child
from disavowing a relied-upon, implied promise to support the child,
thus preventing the man from leaving the child without the support
of two parents, as originally contemplated," the 2nd Department
observed in an unsigned, unanimous ruling.
NEW JERSEY
N.J. children with Nazi-inspired
names taken from parents
By Joe
Tyrrell, Newjerseynewsroom.com
08-05-10 --
The state Division of Youth and Family Services was right to take
three small children with Nazi-inspired names away from their
parents. . . . A three-judge panel ruled DYFS "proved the need for
protective services" for Adolf Hitler Campbell, 4, JoyceLynn Aryan
Nation Campbell, 3, and Honszlynn Hinler Jeannie Campbell, 2. . . .
The judges overturned a Family Court ruling that there was
insufficient evidence that the parents had abused or neglected the
children. That ruling was stayed to allow the children's legal
guardian and DYFS to appeal. . . . In reversing, the appellate
judges said the Family Court decision relied on "an overly narrow
view of domestic violence in the context of abuse or neglect of
children." . . . DYFS removed the children in January 2009 from the
custody of their unemployed parents, Heath and Deborah Campbell of
Holland Township.
July 2010
GEORGIA
Atlanta Lawyer Takes
on Botched Circumcision Claims Nationwide
David J. Llewellyn wins
$10.7 million default judgment, continues his fight
against malpractice
Katheryn Hayes Tucker,
Fulton County Daily Report
07-29-10 --
Although the $10.7 million default judgment David J.
Llewellyn of Johnson & Ward just scored may be tough to
collect, the case is a dramatic statement about the
Atlanta attorney's development of an unusual national
practice: suing over botched circumcisions. . . . In the
latest case, Llewellyn brought a suit on behalf of a boy
and his parents against Mogen Circumcision Instruments,
claiming one of its devices severed the head of the
boy's penis during a bris, a Jewish ceremony for a male
infant. The company failed to answer the suit, and
Senior U.S. District Court Judge Jack B. Weinstein of
the Eastern District of New York ruled the company owed
the eight-figured sum. . . . "He's the expert in this
field," said Llewellyn's New York co-counsel on the
Mogen case, John L. Juliano, a personal injury and
medical malpractice attorney in East Northport, NY. "I
don't know many other people who handle these cases."
NEW YORK
Adolescents' Facebook Posts Found to Be 'Puerile' but Not Actionable
Judge also dismissed a negligent-supervision claim against parents,
saying a computer does not constitute, as required by N.Y. case law,
a 'dangerous instrument'
Mark
Fass, New York Law Journal
07-26-10 --
A Long Island, N.Y., judge has thrown out a $6 million defamation
action filed by an Oceanside teenager against four former classmates
who set up a Facebook page on which they joked that the teen used
heroin and contracted AIDS by having sex with animals in Africa. . .
. Nassau County Supreme Court Justice Randy Sue Marber ruled that no
reasonable person could believe that the allegedly defamatory
statements were facts. . . . "A reasonable reader, given the overall
context of the posts, simply would not believe that the Plaintiff
contracted AIDS by having sex with a horse or a baboon or that she
contracted AIDS from a male prostitute who also gave her crabs and
syphilis, or that having contracted sexually transmitted diseases in
such manner she morphed into the devil," Justice Marber held in
Finkel v. Dauber, 012414/09.
NEW YORK
Injustice for Children
New York
Times Editorial
07-16-10 --
If New York abides by the settlement it reached this week with the
Justice Department, mentally ill children in four of the state’s
infamous youth prisons will finally get decent psychiatric care and
will no longer be subject to brutal disciplinary practices. As
important as it is, however, the settlement cannot be a substitute
for the overhaul of the state juvenile justice system proposed by
Gov. David Paterson’s juvenile justice task force. . . . The Justice
Department focused on New York because of people like Darryl
Thompson, an emotionally disturbed 15-year-old who died after being
pinned face down on the floor at the infamous Tryon Residential
Center. A federal investigation found that children in the system
were often brutally punished for minor offenses like laughing too
loud or sneaking an extra cookie.
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CALIFORNIA
Kidnapped girl, 7, found in Phoenix
Colin
Lecher - The Arizona Republic
07-15-10 --
A kidnapped 7-year-old California girl who had been missing nearly
her entire life was found by authorities in Phoenix on Wednesday. .
. . Los Angeles detectives, FBI agents and Phoenix officers took
part in her recovery. . . . Police said her identity had been
concealed and that officers were able to confirm who she was after
serving a court order for identifying traits. Photographs and DNA
swabs were taken and her footprint was matched to the one on her
birth certificate. . . . Phoenix police said she was recovered about
1 p.m. near 16th Street and Thomas Road from a family to whom she
isn't related. . . . Police reported an adult woman at the residence
tried to hide the girl in a bathroom shower under a pile of clothes
and towels.
CALIFORNIA
Jaycee Dugard to get $20 million
in settlement
Marisa
Lagos, Chronicle Sacramento Bureau, San Francisco Chronicle
07-02-10 --
Kidnapping victim Jaycee Dugard and the two children authorities say
she had with her alleged abductor - a paroled sex offender - will
receive a $20 million payout from the state under a settlement
lawmakers approved Thursday. . . . Dugard, now 30, was kidnapped in
1991 from South Lake Tahoe when she was 11 years old and discovered
in Phillip Garrido's backyard Antioch compound in August. . . . In a
claim filed against the California Department of Corrections in
February, Dugard and her family accused the agency of "various
lapses," and said she and her family suffered "psychological,
physical and emotional injury" while she was held as a virtual sex
slave for nearly two decades. Her children are now 12 and 15 years
old.
NEW JERSEY
Firm to Go on Trial for Aiding in
Parental Abduction
By Mary
Pat Gallagher | New Jersey Law Journal | New York Lawyer
07-02-10 --
Questions over the role of a New Jersey matrimonial firm in an
international child abduction are at the heart of an unusual suit
set to go to trial in Bergen County this summer. . . . Madeline
Marzano-Lesnevich and her firm, Lesnevich & Marzano-Lesnevich of
Hackensack, are accused of helping former client Maria Jose
Carrascosa take her daughter to Carrascosa's native Spain, in
violation of a parenting agreement with the child's father, Peter
Innes. . . . Innes alleges the firm aided the abduction or
negligently ignored its obligation to abide by the agreement, which
prohibited removing Victoria Innes from the United States and
required Carrascosa's lawyer to hold Victoria's U.S. passport to
prevent that from happening. . . . At the time of the Oct. 8, 2004,
agreement, Carrascosa was represented by West Caldwell solo Mitchell
Liebowitz, who sent the passport and file to the Lesnevich firm when
it took over the case soon after.
OREGON
Judge: Couple must surrender
child for treatment
AP,
myCentralOregon.com
07-01-10 --
An Oregon judge has ordered a couple who belong to a faith healing
church to surrender their child, finding they have failed to provide
medical care. . . . On Thursday, Clackamas County Circuit Judge
Douglas Van Dyk gave the state of Oregon temporary custody of the
child. The judge has also ordered medical treatment as directed by
doctors at Oregon Health&Science University. . . . The Oregonian
reported that the age and medical condition of the child have not
been disclosed. . . . The parents, Timothy J. Wyland, 44, and
Rebecca J. Wyland, 23, of Beavercreek, appeared in court without a
lawyer. They are members of the Followers of Christ church, which
avoids most secular medical care, relying on faith-healing rituals
to treat illness.
PENNSYLVANIA
Police:
Pa. district judge apologized to girl, 12
(AP),
Wilkes Barre Times-Leader
07-01-10 --
Authorities say a district judge in suburban Philadelphia accused of
indecently assaulting a 12-year-old girl apologized to the alleged
victim in a recorded telephone call. . . . Sixty-nine-year-old
Gerald C. Liberace is a district judge in Havertown. . . . Liberace
is out on $5,000 bail after being arrested Wednesday on charges of
indecent assault and related counts.
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June 2010
CONNECTICUT
College Grad Sues Father to
Recoup Tuition Costs
Breach of contract action focuses on written contract requiring
divorced father to cover daughter's school costs until age 25
Christian Nolan, The Connecticut Law Tribune
06-29-10 --
It's not news that some children, especially as they hit their
teenage and college years, don't get along with their parents. But
even experienced attorneys say it's rare when the disagreements grow
to a point where litigation is required. . . . So consider the odd
case of Dana Soderberg, who went to court to force her father to
live up to a deal to pay her tuition at Southern Connecticut State
University. Hamden family lawyer Renee C. Berman handled the lawsuit
for Soderberg. . . . "Nothing that I've researched has shown any
cases like this and hopefully there won't be anymore because it's a
sad situation," said Berman. . . . Dana came from what is perhaps an
all-too-typical family situation. Her parents, Howard and Deborah
Soderberg, of Stratford divorced in 2004. Upon splitting, they
agreed that Howard, a property developer, would be responsible for
the education costs for their three children, Dana, Amanda and Erik.
. . . Dana's experience had evidently taught her that her father had
a tendency not to follow through with paying for things. So she
persuaded him the following year to enter into a written contract
obligating him to pay her college tuition until she was 25, along
with other school expenses such as textbooks, and her car insurance.
NEW HAMPSHIRE
Fathers 4 Justice are on song
Daily
Echo
06-17-10 --
PARENTS from across Hampshire have lent their voices to a new song
being released by campaign group Fathers 4 Justice. . . . The Anthem
For Justice song is being launched by the Hampshire-based campaign
organisation for Father’s Day this Sunday as an Internet download
track. . . . Mothers and fathers from across the county travelled to
London to record the song this week and film a video for the single,
which is promoting equal rights for parents.
Start a Revolution on Father's Day
by
Rebecca Hagelin, Townhall.com
06-16-10 --
What we need when
Father’s Day arrives on Sunday is nothing short of a
family revolution, led by America’s fathers. . . . Ours
is a broken culture — of
fathers and mothers with broken vows, families with
broken bonds, and
children with broken hearts. . . . For every 100 babies
born in America, 60 are born to a
broken family. That is, they are either born out of
wedlock, or to a family that will soon suffer divorce. Our
teen pregnancy rate is the highest in the Western world.
Our
little girls are looking and behaving like sex kittens at younger
and younger ages. Boys are afraid of marriage, addicted to
pornography and have few or no manners. There are about
1.2 million abortions in America every year. . . .
Mothers feel overwhelmed as they seek to "do it all" — earn a
paycheck, nurture the children, manage the finances and keep the
family together. Much of that is
the fault of a radical feminist movement that perverted
the battle for equal treatment into a battle for total independence
from men. Many men just sat out what became a destructive force, and
now all of us — men, women and children — are suffering the painful
results as we realize that we really do need each other after all. .
. . Imagine how our culture would be transformed if fathers refused
to be bullied by angry feminists and took more of a loving role of
responsibility in their own homes.
What if husbands started pouring out unconditional and constant
love on their wives in the same manner in which Christ pours
love out for his people.
PENNSYLVANIA
For parents, justice not served
Paperwork goes unfiled, appeals are dismissed.
By
Terrie Morgan-Besecker, Law & Order Reporter, Wilkes Barre
Times-Leader
06-16-10
-- Mary Tullis was devastated
last August when a Luzerne County judge terminated her rights to her
son and daughter. . . . She and the children’s father, Jeff Harris,
had been working to resolve the problems that led Luzerne County
Children and Youth to place the children in foster care. She was
confident the state Superior Court would overturn the decision on
appeal. . . . She never got the chance to argue the merits of her
case, however, because the assistant public defender assigned to
represent her failed to file the required court papers, resulting in
her appeal being dismissed outright. . . . A Times Leader
investigation revealed she is not alone. . . . Since 2005, 15 of the
53 parents who challenged the termination of their parental rights
or the involuntary adoption of their children have seen their
appeals dismissed because the Public Defender’s Office or other
court-appointed attorneys failed to follow proper court procedure,
according to a review of cases filed with the state Superior Court.
. . . The revelation prompted newly appointed county Chief Public
Defender Al Flora Jr. to launch an investigation. He is reviewing
records, including those identified by The Times Leader, to
determine if anything can or should be done to seek to restore the
appeals. . . . The newspaper’s review showed that in nine of the 15
cases at issue, the appeals were filed, but later dismissed because
the attorneys failed to file the required legal briefs that detail
the errors the trial judge allegedly committed. . . . In another six
cases, the appeals were “quashed” – a legal term that refers to the
dismissal of an appeal for failure to comply with some other aspect
of appellate court procedure, such as filing the appeal late. . . .
The lack of action by the attorneys means the parents were deprived
of their right to have the Superior Court review the lower court
ruling to determine if it was properly entered – a result an
advocate for parental rights described as “appalling.”
FLORIDA
Assets Sought on Behalf of Abraham Shakespeare's
Sons
Abraham Shakespeare Case
By Merissa Green, The
Ledger
06-14-10 --
The slaying of Abraham Shakespeare left behind a
penniless estate that a Lakeland lawyer has worked for
months to try to straighten out on behalf of the lottery
winner's two small children. . . . So far, the returns
are still to come. . . . For instance, lawyer Stephen
Martin is trying to get a Corvette and a Silverado
pickup being held by the Hillsborough County Sheriff's
Office, which is investigating Shakespeare's death.
Sheriff's officials haven't said when or whether the
vehicles will be turned over to the estate. The
Silverado belonged to a woman charged in Shakespeare's
death, and the Corvette was bought by her and was driven
by her former boyfriend. . . . Martin said he plans to
claim the two vehicles and to sell them to use the
proceeds to pay for the operation of the estate and to
set up trust accounts for Shakespeare's two young sons,
Moses Shakespeare, 9, and Jeremiyah Butler, 18 months,
both of Lakeland. . . . Another target for Martin is the
home at 9340 Redhawk Bend Drive in North Lakeland that
Shakespeare bought in 2007 for about $1 million after he
won a $17 million lump-sum payment from the Florida
Lottery in November 2006. And Martin said there are
other houses Shakespeare owned to which the estate is
entitled. . . . Shakespeare, 43, was found shot to death
in January. . . . "There's a lot to do," said Martin.
"Once we get these cars and get rid of the (Redhawk Bend
Drive home), we will have cash. I owe it to them (the
two boys) to do the best job I can."
NEW YORK
Real Justice for Juveniles
New York
Times Editorial
06-10-10 --
Gov. David Paterson of New York has sent the Legislature a juvenile
justice bill that would achieve two urgently important goals. It
would improve the quality of the leadership and care in the state’s
often dangerous and inhumane juvenile facilities. And it would
ensure that only children who need to be institutionalized — because
they present a risk to the public — end up in the facilities. . . .
Albany’s lawmakers must finally stand up to unions that are more
interested in preserving jobs than in doing what is best for
children. . . . The argument for closing down the worst facilities
and treating low-risk children in their home communities is
irrefutable. In a report last year, the Justice Department found
that young people in state detention facilities were frequently hit
and abused; emotionally disturbed children rarely got the help they
needed. Governor Paterson’s juvenile justice task force found that
more than half the children sent to these facilities were guilty of
minor, nonviolent infractions.
FEDERAL
COURTS
3rd Circuit Mulls Student Suspensions for MySpace
Postings
Shannon
P. Duffy, The Legal Intelligencer
06-04-10 --
Fourteen federal appellate judges spent more than two hours talking
about high school pranks on Thursday as the 3rd U.S. Circuit Court
of Appeals sat en banc to consider a pair of cutting-edge First
Amendment cases brought by students who were suspended for
ridiculing their principals on MySpace. . . . The American Civil
Liberties Union of Pennsylvania is representing both students and
argues that school officials have no power to impose discipline for
such off-campus speech. . . . ACLU attorney Witold Walczak said the
U.S. Supreme Court has limited the free speech rights of students
while in school -- allowing for discipline if the speech creates a
real disruption or is lewd -- but has never authorized punishment
for off-campus speech.
PENNSYLVANIA
Report Urges Sweeping Changes for Pa. Juvenile Courts, Judicial
Conduct Board
Leo
Strupczewski, The Legal Intelligencer
06-01-10 --
A commission charged with reviewing the Luzerne County, Pa.,
judicial corruption scandal released a 66-page final report
Thursday, recommending scores of new procedures to protect juveniles
who appear in the state's delinquency courts and to increase
judicial accountability. . . . Some 43 recommendations were made to
review and revise the state's juvenile delinquency process, the
roles of judges, masters and prosecutors in those cases and the
state's judicial disciplinary system. Most notable, however, may be
a recommendation that was not made. . . . The Interbranch Commission
on Juvenile Justice, formed last year after charges were filed
against Luzerne County Judges Michael T. Conahan and Mark A.
Ciavarella Jr. for
allegedly sending minors to a private detention center in
exchange for $2.8 million, chose not to back the often
recited and highly publicized recommendation of making juvenile
delinquency proceedings open to the public. . . . Instead, the
commission chose to adopt dozens of recommendations that appear to
be aimed at increasing transparency in a more limited manner.
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May 2010
UNITED STATES
SUPREME COURT
SG Revises Data on Federal
Juvenile Sentences in Letter to High Court
Tony
Mauro, The National Law Journal
05-28-10 --
In an unusual filing with the Supreme Court this week, Acting
Solicitor General Neal Katyal said some of the information that the
Court used in its recent Graham v. Florida decision, supplied to the
Court by a federal official without the SG's knowledge, was
inaccurate. The letter casts a new light on the federal government's
non-involvement in the case, which has been the subject of some
controversy. . . . In
the landmark decision
May 17, the high court ruled that the Eighth Amendment bars the
sentencing of juveniles to life in prison without the possibility of
parole for non-homicide crimes. . . . The May 24 letter to Court
Clerk William Suter, obtained by the Blog of Legal Times, clarifies
the information that led Justice Anthony Kennedy to write in his
majority opinion that "there are six convicts in the federal prison
system serving life without parole sentences for [juvenile]
non-homicide crimes." In the ruling, Kennedy had indicated that
because Florida did not provide data about the number of juveniles
sentenced to life without parole in the state and federal systems,
the Court set out on its own to find out accurate information.
Kennedy cited letters sent by officials in Nevada, Utah, Virginia,
and the federal Bureau of Prisons to the Court library filling the
information gap.
PENNSYLVANIA
Judge:
Juvenile law changes attainable
Added protections for young defendants have interest of Rendell,
lawmakers, he noted.
By Mark
Guydish Education Reporter, Times News Leader
05-28-10 --
Shortly before convening the last meeting of the Interbranch
Commission on Juvenile Justice, Chairman Judge John Cleland said he
believes all the recommendations in the report the commission was
about to approve are attainable, and what gets done depends on how
determined the governor and state legislators are. . . . “These are
fiscally difficult times, the environment of politics is tough,”
Cleland conceded, but that should not be a reason for inaction.
“There are no pie-in-the-sky recommendations in this.” . . . During
a press conference Thursday after the report was officially
released, Cleland acknowledged the commission has no way of making
sure the recommendations are acted on, but said its members will
remain available to help if needed. He noted the governor and
multiple lawmakers have asked about the report and expressed
interest in moving forward on the recommendations.
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"It should be your care,
therefore, and mine, to elevate the minds of our
children and exalt their courage; to accelerate and
animate their industry and activity; to excite in them
an habitual contempt of meanness, abhorrence of
injustice and inhumanity, and an ambition to excel in
every capacity, faculty, and virtue. If we suffer their
minds to grovel and creep in infancy, they will grovel
all their lives." --John Adams, Dissertation on the
Canon and Feudal Law, 1756 |
DISTRICT OF
COLUMBIA
From rats to heaters,
doctor-lawyer team fights barriers to family health care
By Lena
H. Sun, Washington Post Staff Writer
05-26-10 --
Thirteen-year-old Haji Conteh had all the irritating symptoms of
seasonal allergies when her father took her to see a pediatrician at
a D.C. clinic last summer. . . . But when the doctor questioned Haji
and her father, she began to suspect there might be a cause other
than pollen for the girl's sneezing and itchy eyes: the rats and
mold in the family's Northwest Washington apartment. . . . The
pediatrician didn't have the time or expertise to probe more deeply.
But she did refer the family to a specialist-- not another doctor,
but a lawyer. . . . The family is among 1,400 referred by doctors
and others at
Children's National Medical
Center to the
Children's Law Center.
As part of a
medical-legal partnership
that began in 2002, lawyers work alongside doctors at four District
clinics run by the hospital. Their shared goal is to overcome legal
and social challenges that threaten the care of their patients --
low-income children, predominantly African American, and virtually
all covered by Medicaid.
PENNSYLVANIA
Student's Privacy Rights Violated in Pa. 'Sexting' Case, ACLU Suit
Says
Shannon
P. Duffy, The Legal Intelligencer
05-21-10 --
The hot-button issue of "sexting" is coming back to court and this
time the ACLU is setting out to establish that high school students
have a right to privacy that includes the contents of their cell
phones. . . . A team of lawyers from Cozen O'Connor has partnered
with the ACLU of Pennsylvania to sue on behalf of a student who
claims her constitutional rights were violated when the principal
confiscated her cell phone, found nude images she had taken of
herself and turned it over to prosecutors. . . . ACLU legal director
Witold Walczak said the issue is an important one because many
school officials incorrectly believe they have the right to search
through cell phones whenever a student is misusing one. . . . "We
try to explain to them that they have the right to confiscate it,
but they don't have the right to look through it," Walczak said in
an interview.
FEDERAL
COURTS
Suits Claim Pampers Dry Max Diapers Cause Rashes, Burns; P&G
Disputes Claim
By Debra
Cassens Weiss , ABA Journal
05-14-10 --
Two lawsuits filed in federal court in Ohio claim Pampers diapers
made with Dry Max technology are causing rashes and even chemical
burns in babies, a claim Procter & Gamble says is “completely
false.” . . . The suits, filed by Seattle law firm Keller Rohrback,
seek class action status,
KOMOnews.com reports. More suits are planned, the firm’s
managing partner, Lynn Sarko, told KOMOnews. . . . Cincinnati-based
P&G says clinical testing shows its product is safe, the
Wall Street Journal reports. "While we have great empathy
for any parent dealing with diaper rash—a common and sometimes
severe condition —the claims made in this lawsuit are completely
false," P&G said in a statement.
ALASKA
State high court justice steps away from abortion lawsuit
Court: Organization
suggested possible conflict of interest.
By Sean
Cockerham, Anchorage Daily News
05-12-10 --
Alaska Supreme Court Justice Morgan Christen is stepping down from
hearing a lawsuit against a ballot initiative that would make
doctors tell a teenage girl's parents before she could get an
abortion. . . . The lawsuit against the initiative was filed by
Planned Parenthood, and Christen was a board member of Planned
Parenthood during the mid-1990s. The Alaska Family Council had sent
out e-mail alerts Tuesday and Wednesday, urging its members to
contact the state judicial conduct commission and complain that
Christen had a conflict of interest and shouldn't be participating
in the case. . . . Christen sent out a notice Wednesday afternoon
that she was removing herself from the case. She didn't offer an
explanation. The case will go forward, with the other four Supreme
Court justices scheduled to hear arguments May 20.
NEW
YORK
Former foster kid overcame odds, with help from many friends, to
earn law degree
By
Donna St. George, Washington Post Staff Writer
05-07-10 --
When Jelani Freeman came home after school one day, his mother
was gone. Eight years old, he waited, realizing as the hours
passed that she would not be back. She was mentally ill and in
need of treatment. His father was in prison. . . . "I just knew
that was it," he recalled. . . . By the next afternoon, social
workers were involved. So began a way of life that he came to
know as foster care, a world of in-betweens and stopgaps that
brought six moves and inevitable questions about how to get
beyond hurt and want and poverty. . . . On Saturday, against the
odds, Freeman will graduate from
Howard University Law School, where he has told few
of his professors how far he came just to take a seat. Still,
his journey has been a source of inspiration to advocates,
friends and mentors, including Secretary of State Hillary Rodham
Clinton, who cited him in the 2006 edition of her book
"It Takes A Village." Many of those supporters will
cheer him on as he crosses the stage at the Washington
Convention Center to receive his diploma, one man's humble
demonstration of what is possible when grit and determination
are melded with offers of help from others. Freeman is not the
first child of foster care to earn a law degree, but experts say
many youths who "age out" of the system struggle to finish high
school. . . . For Freeman, what's made the difference has been a
kind of makeshift family of those who have cared along the way.
Some cooked him dinner. Some steered him toward opportunities.
One couple paid for a year and a half of his law school tuition.
Many gave him the kind of advice a parent might bestow.
PENNSYLVANIA
Federal Judge Bars 'Sexting' Prosecution of Pa. Girls
The
Associated Press, Law.com
05-05-10 --A
federal judge has issued a permanent injunction barring northeastern
Pennsylvania prosecutors from filing charges against several teenage
girls in connection with racy cell phone photos. . . . U.S. District
Judge James Munley issued the order Friday after Wyoming County
District Attorney Jeff Mitchell said he had no plans to file charges
against three girls who filed a federal lawsuit last year over the
matter. The ruling follows a
decision in March by the 3rd U.S. Circuit Court of Appeals
barring prosecutors from pursuing felony charges in the
case. . . . "It was a decision by agreement," said attorney Michael
Donohue, who represents the Wyoming County district attorney's
office in the case. "Mr. Mitchell has said he would not proceed with
prosecution, so the case is moot."
TEXAS
Questions arise in La Joya schools ‘sexting' case
Jared
Taylor, The Monitor
05-05-10 --
It seemingly began as high-tech flirting between two high school
teenagers. . . . Jorge Suchil exchanged text messages with a
16-year-old girl the evening of March 28. The cell phone message
exchange eventually turned sexual, with the 17-year-old Suchil
asking the girl to send him a photo of her topless, police said. . .
. The girl eventually agreed. She took a photo of herself topless
and sent it to Suchil. . . . The girl later told police that Suchil
demanded she send him a completely nude photo. If she didn’t, police
said, Suchil told her he would pass the topless shot on to his
friends’ cell phones. . . . The girl — whose name was withheld by
police — went to Palmview High School administrators the next day,
said Raul Gonzalez, the La Joya school district police chief. . . .
Suchil was called to the assistant principal’s office, where the
topless photo of the girl was found on his cell phone, police said.
He gave police a written confession that he had the nude photo on
his phone, according to the criminal complaint in the case. . . . La
Joya school district police arrested Suchil on Monday on child
pornography charges, as requested by one of the girl’s parents.
Gonzalez said besides the photo of the girl, police found at least
five other nude photos of other minors on his cell phone.
|
SAVE
THE CHILDREN

A Victims-of-Law
Associate |
April 2010
Gates will review deployment, custody issues
By Karen
Jowers - NavyTimes.com Staff writer
04-30-10 --
Defense Secretary Robert Gates said he would “take a fresh look” at
service members’ concerns in child custody disputes, according to
two members of Congress who met with him Thursday. . . . Reps.
Michael Turner, R-Ohio, and Stephanie Herseth Sandlin, D-S.D., said
they appreciated Gates’ acknowledgment of the problem of deployments
being used by judges as a criterion in deciding child custody cases.
. . . In a statement issued by Turner’s office, he and Herseth
Sandlin noted the need for “a national, baseline standard that
protects service members and allays their unrest about future
deployment being used as a criterion in deciding child custody
cases.”
Column: Tips help children deal with divorce issues
Sandy
Stetzer • For the Wausau Daily Herlad
04-30-10 --
The most harmful part of separation or divorce is when children are
caught in the middle of loyalty conflicts, where no matter what they
do or say, they will anger, hurt or stress-out one of their parents.
. . . Almost all parents create such conflicts for their children
unknowingly, but they can learn to reduce them when they become
aware of them. The Center for Divorce Education describes the four
most common situations when parents put their kids in the middle of
their conflict with the other parent. . . . Parents sometimes don't
like to talk directly to one another because they are angry or
upset. So they make their children carry messages back and forth.
"Tell your mom I'll pick you up early this week." "Tell your dad he
can't see you this weekend." Children find this very stressful. What
can you do? First, tell your children to let you know when they are
uncomfortable relaying messages. Second, take the responsibility
yourself to communicate directly to the other parent, especially if
the topic is one in which your children are likely to feel caught
between competing loyalties and desires. E-mail and notes help avoid
confrontations. . . . Kids don't like having to deal with disputes
about money. "Ask your father where the support check is!" "Tell
your mother to pay for it; that's what child support is for!" These
are adult issues and should be discussed directly by the parents.
NEW YORK
Judge: Boy Abandoned At St. Patrick's Should
Return To Florida
By: NY1
News
04-28-10 --
A tug of war is brewing over who should get custody of a
three-year-old boy abandoned at St. Patrick's Cathedral last week. .
. . A New York judge recommended the case be moved to Florida, where
Nathaniel Fons lives. . . . The toddler's paternal grandparents are
hoping to get custody, and traveled here in hopes of bringing him
home.
VIRGINIA
Attorney for parents of
special needs kids accused of practicing without license
By
Tom Jackman, Washington Post Staff Writer
04-23-10 --
Life for parents of special-needs children can be challenging on
its best days and crushing on its worst, some parents like to
say. The parents of kids with autism, learning disabilities and
other problems band together to share stories of frustration and
success, and to swap the names of the best schools, the best
psychologists -- and the best lawyers. . . . Into this
close-knit world entered Howard D. Deiner, 53. He worked his way
into the inner circle by listing himself as a lawyer on a number
of Web sites that cater to special education parents, operating
in the legal niche for families wanting to challenge the way
public schools educate -- or fail to educate -- their children.
. . . But Deiner wasn't licensed as a lawyer for much of the
time he took those cases, according to court records, and to
bypass that issue he allegedly once signed another lawyer's name
on important documents. He lost several cases at a point in the
special education process that is the bleakest and the most
critical for parents. . . . "I felt betrayed," said Mark Griffin
of Arlington County, who hired Deiner to recoup the cost of his
son's expensive private education.
PENNSYLVANIA
School District Snapped 56,000
Images on Student Webcams
By
Martha Neil, ABA Journal
04-20-10 --
An upscale suburban Philadelphia school district accused of secretly
snapping photos of high school students at home via webcams on their
district-issued laptop computers has completed an investigation. . .
. And it apparently supports at least some of the claims made in a
federal lawsuit filed by the parents of one sophomore. The district
says school officials remotely activated the webcams 146 times,
snapping a total of nearly 56,000 images, reports the
Philadelphia Inquirer.
. . . While many of the records could not be recovered, images found
included photos of students, at least some photos inside their homes
and screen shots showing programs or files, investigators state.
Most of the time, technicians turned on the webcam when a laptop was
reported lost or stolen and then turned it off when the machine was
found. In some cases, however, the webcam wasn't turned off and
simply kept snapping a new image every 15 minutes, accounting for
some 13,000 of the total tally, according to the newspaper.
|
Celebrate Life's Special Moment's with Current's May
Specials
 
A
Victims-of-Law Associate |
ARKANSAS
Arkansas judge strikes down gay
adoption ban
Bhargav
Katikaneni, JURIST
04-17-10 --
An Arkansas judge
ruled
[opinion, PDF] Friday that a state law prohibiting all unmarried
couples from adopting or fostering children violates the
Arkansas Constitution
[text, PDF]. Critics claimed that the
Arkansas Adoption and Foster Care
Act of 2008 [ACLU
backgrounder], or Initiated Act I, was discriminatory because it
prohibited all gay couples from adopting or fostering children as
Arkansas does not recognize gay marriage. Judge Christopher Piazza
of the
Pulaski County Circuit Court
[official website] agreed and said that while the the law, passed
via ballot initiative, was valid under the federal Constitution, it
violates the Arkansas state constitution: / Initiated Act 1
prohibits cohabiting same-sex couples and heterosexual couples from
becoming foster or adoptive parents. It does not prohibit them from
becoming foster or adoptive parents if they do not cohabitate.
However, the act significantly burdens non-marital relationships and
acts of sexual intimacy between adults and forces them to choose
between becoming a parent and having any type of meaningful intimate
relationship outside of the marriage. This infringes upon the
fundamental right to privacy guaranteed to all citizens of Arkansas.
ARKANSAS
Arkansas Teen Accuses Mom of
Facebook Harassment
Tom
Parsons, The Associated Press, Law.com
04-08-10 --
The mother of a 16-year-old boy said she shut him out of his
Facebook account after reading he had driven home at 95 mph one
night because he was mad at a girl. His response: a harassment
complaint at the local courthouse. . . . "If I'm found guilty on
this it is going to be open season" on parents, Denise New, the
mother, said Wednesday. . . . The Arkadelphia, Ark., woman said many
of her son's postings didn't reflect well on him, so after he failed
to log off the social networking site one day last month, she posted
her own items on his account and changed his password to keep him
from using it again. . . . "The things he was posting in Facebook
would make any decent parent's eyes pop out and his jaw drop,"
Denise New said. "He had been warned before about things he had been
posting." . . . Lane New, who lives with his grandmother, filed a
complaint with prosecutors who approved a harassment charge March
26. His mother said she was doing what any good parent would do. . .
. "Just because I don't have custody doesn't mean I don't care
about him," Denise New said.
CALIFORNIA
Santa Clara County considers
barring the practice of jailing very young children
By Karen
de Sá, mercurynews.com:
04-08-10 --
The presiding judge of Santa Clara County's Superior Court has
hailed a recommendation to stop detaining children ages 12 and
younger in the juvenile hall, calling a recent report condemning the
practice "very sound." . . . "We have a problem," Judge Jamie
Jacobs-May told the county's public safety and justice committee
Thursday. "It's not large, but it's very important. I think we all
want the same thing, and that is to keep kids this young out of the
hall." . . . The Board of Supervisors, social services leaders and
the county's top law enforcement officials are now weighing a
recommendation by the Juvenile Justice Commission, which examined
the cases of 30 very young children held in custody between 2007 and
2009. . . . The court-appointed citizens commission found that in
almost all of the cases, the children had diagnosed mental illnesses
and parents who were dead or gone. Most had been kicked out of
school, spent time in foster care and suffered from drug and alcohol
addictions. One boy had been sexually abused by his father at age 23
months.
Pediatricians warn educators not to promote being 'gay'
'It
is not the school's role to 'affirm' perceived personal sexual
orientation'
By Bob
Unruh, © 2010 WorldNetDaily
04-08-10 --
A professional organization for pediatricians has dispatched letters
to thousands of school superintendents across the United States with
a warning that promoting – or "affirming" – the homosexual lifestyle
to young children can damage them. . . . The letter was sent just
days ago by
the American College of
Pediatricians, a
nonprofit organization funded by members and donors, to school
superintendents that tells them plainly, "It is not the school's
role to diagnose and attempt to treat any student's medical
condition, and certainly not a school's role to 'affirm' a student's
perceived personal sexual orientation." . . . Further, schools can
create a "life of unnecessary pain and suffering" for a child when
they reinforce a behavior chosen out of a child's "confusion." . . .
"Even when motivated by noble intentions, schools can ironically
play a detrimental role if they reinforce this disorder," said the
letter, signed by Dr. Tom Benton, the organization's president. . .
. The group also has created a website
called Facts About Youth
as a resource for school officials to obtain the facts from a
"non-political, non-religious channel." . . . Officials with the
College of Pediatricians told WND today that the effort is to
counter information delivered to the same schools in 2008 in a
brochure called "Just the Facts About Youth and Sexual Orientation"
that was sponsored in part by the American Psychological
Association. . . . The brochure, the College of Pediatricians said,
"omits critical facts and makes recommendations that are refuted by
decades of scientific research and extensive clinical experience."
|
 
A Victims-of-Law
Associate |
NEW JERSEY
N.J. Justices to Weigh Prejudicial Effect of Child Sexual Abuse
Expert Testimony
Charles
Toutant, New Jersey Law Journal
04-07-10 --
The New Jersey Supreme Court has agreed to settle a vexing issue in
child sexual assault cases: whether expert testimony that minors
seldom lie about such abuse is too prejudicial to admit into
evidence. . . . In State v. W.B., 14-2-6303A, the defendant argues
that the trial court erred by permitting the state's expert on
Child Sexual Abuse Accommodation Syndrome to offer
testimony that "amounted to an expert opinion that [the] initial
allegations against defendant were nearly certainly true," although
later withdrawn. . . . Defendant W.B. was found guilty of aggravated
sexual assault, sexual assault, endangering the welfare of a child
and aggravated criminal sexual conduct and is serving a 10-year
sentence. . . . The case, certified for review on March 18, invites
the court to revisit its seminal ruling in State v. J.Q., 130
N.J. 554 (1993), which limited CSAAS testimony to explaining why
"the victim's reactions as demonstrated by the evidence are not
inconsistent with having been molested."
NEW YORK
Court Denies Mother's Bid for Religious Exemption to
Vaccinations
Vesselin
Mitev, New York Law Journal
04-07-10 --
A woman who claimed she saw "God in everything" and feared
immunizing her daughter because it would inject "disease" into her
"perfect" and "divine" human form failed to establish religious
grounds sufficient for an exemption from New York state's mandatory
vaccination rules, a federal judge has ruled. . . . Martina Caviezel,
a self-proclaimed pantheist, sought a preliminary injunction
allowing her to enroll her 4-year-old daughter in a Great Neck,
N.Y., pre-kindergarten without getting the shots the state says the
child needs. Caviezel relied on Public Health Law §2164(9), which
exempts children from the requirement whose parents or guardians
"hold genuine and sincere religious beliefs which are contrary" to
vaccination. . . . On Monday, in
Caviezel v. Great Neck Public Schools, 10-civ-052,
Eastern District Judge Arthur D. Spatt denied the injunction, ruling
that Caviezel had not established that she held "genuine and sincere
religious beliefs which prohibit vaccinations."
PENNSYLVANIA
State panel hears how corrupt judges affected youths
By Mario
F. Cattabiani, Philadelphia Inquirer Staff Writer
04-02-10 --
Three days after Christmas 2004, a 13-year-old boy appeared before
Luzerne County Court Judge Mark A. Ciavarella Jr. on a charge of
simple assault. He was accused of throwing a piece of meat at his
mother's boyfriend. . . . The boy was all of 4 feet, 3 inches tall,
and he weighed 82 pounds. . . . Ciavarella sent him to a juvenile
detention center for 48 days. . . . "I really couldn't believe that
being accused of something like throwing a steak was all that was
needed to be put away," the thin, soft-spoken young man, now in his
late teens, testified Thursday to the state panel examining the
"kids-for-cash" scandal in Luzerne County's courts. "I was suddenly
so lonely, I felt sick. No one was able to help me or stop this." .
. . As a result of the experience, he said, his grades have
plummeted and he suffers from depression. He stumbled over the
syllables in Ciavarella's name.
|

A
Victims-of-Law Associate |
March 2010
MASSACHUSETTS
District attorney faces unique challenges in prosecuting teens
By
Maria Cramer, Boston Globe Staff
03-31-10 --
The district attorney investigating the suicide of a South
Hadley student took a bold and highly unusual stand on Monday
when she announced that the actions of the nine classmates who
allegedly bullied Phoebe Prince were so cruel they were
criminal, legal specialists said. . . . But, they said, when
Northwestern District Attorney Elizabeth Scheibel takes the case
to court, she will face a unique challenge: With no statute
criminalizing school bullying, she must rely on a series of laws
rarely used in such cases — including those against stalking,
civil rights violations, and statutory rape — and convince a
jury that a series of those crimes led to Prince’s death. . . .
“Are these the sorts of charges that would have been filed had
there not been a death?’’ said Ronald S. Sullivan Jr., a Harvard
law professor. “Is the prosecutor using existing criminal laws
in ways that have not been used before in order to vindicate
what is, yes, a very horrible tragedy, but a tragedy that may
not be recognized by the criminal law?’’ . . . Because of the
barrage of charges, Scheibel may face an additional challenge
before a jury of appearing a just prosecutor who is meeting her
obligations to prosecute crimes, rather than a zealot using any
means to avenge the death of a teenage girl, Sullivan and others
said.
MONTANA
$3,000 in Restitution Ordered in
Child Porn Case
The
Associated Press, Law.com
03-30-10 --
A 35-year-old Billings, Mont., man who was sentenced to nearly 14
years in prison for receiving child pornography has been ordered to
pay a girl who was depicted in three movies $3,000 in restitution. .
. . U.S. District Judge Richard Cebull decided the amount Thursday
after sentencing Keith Edward Baroun to 13 years and nine months in
prison earlier in the week. . . . Baroun pleaded guilty to receiving
child porn on his computer, and Cebull held him responsible for
about 2,700 images, including 36 videos. Three of the videos were of
a victim identified by the pseudonym "Vicky."
MARYLAND
Child support payments could go up significantly
Proposed legislation rewrites guidelines for courts to use; covers
wealthy for first time
By Julie
Bykowicz | Baltimore Sun
03-22-10 --
Some child support payments in Maryland could soon go up - a change
that state Human Resources Secretary Brenda Donald called "long
overdue." . . . For the first time in two decades, lawmakers are
poised to revise the guidelines that courts use to set child support
when divorcing or unmarried parents cannot agree on an amount. Those
guidelines are based on household expense data from the 1970s, and
although they accommodate rising incomes, advocates say they don't
account for the escalating costs of raising a child. . . . Human
Resources officials estimate there are about 500,000 child support
orders in Maryland - a mix of private agreements and court cases. .
. . "We think the changes are reasonable and fair and about time,"
said Donald, who led a work group over the past year to revise the
guidelines. Her agency administers about half the state's child
support cases.
NEW YORK
Children's 'Exhausting' Schedule Leads to Loss of Father's Custody
Rights
Vesselin
Mitev, New York Law Journal
03-17-10 --
The father of two Long Island junior tennis prospects has been
stripped of custody by a New York state judge who found their
rigorous training schedule to be "overly burdensome, exhausting and
completely unacceptable." . . . The Cavallero brothers -- Giancarlo,
10, and Jordy, 5 -- were required to leave school early to spend six
hours a day at tennis practice and play tournaments on the weekends.
Giancarlo, with five junior tournament wins before turning 10, was
likened to a young Andre Agassi in a 2007 Daily News article.
******** The case is
Cavallaro v. Pena (pdf), V-00390-09.
Putting Private Info on
Government Database
by
Phyllis Schlafly, Townhall.com
03-09-10 --
Far more personal information on students than is necessary is being
collected by public schools, according to the Fordham Law School
Center on Law and Information Policy, which investigated education
records in all 50 states. States are failing to safeguard students'
privacy and protect them from data misuse. . . . Some states collect
a lot of data that has nothing to do with student test scores,
including Social Security numbers, disciplinary records, family
wealth indicators, student pregnancies, student mental health,
illness and jail sentences. A couple of states record the date of a
student's last medical exam and a student's weight. . . . The
Fordham study reported that this collection of information is often
not compliant with a 35-year-old law, the Family Educational Rights
and Privacy Act (FERPA). The only punishment for a FERPA violation
is for the Department of Education to withhold federal education
funding, but the department has never done that. . . . The building
of databases that track students from pre-school through entry into
the workforce began with the emphasis in the 1990s on testing and
standards, and was expanded under "No Child Left Behind" mandates.
This data collection has been proceeding at what observers call a
"breakneck pace" under the Obama administration because of the offer
of federal grants awarded through the Race to the Top competition,
the American Recovery and Reinvestment Act and $250 million in
stimulus funds.
|

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Your Justice Live
Get Your Justice Live
is an interactive internet talk radio show that
focuses on reforming our government, with an often
special focus on the anti-family courts within the
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. . .
To Call In Live During
Show Time: 724-444-7444 TALKCAST ID: 39517. . . .
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during our live broadcasts and become a part of real
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participate fully in the governmental decisions that
affect our children, our privacy, and our lives. . .
. I know together we can make a difference for our
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being a good citizen. Being a good Citizen starts
with engaging in the discussion of government
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That is what we are doing, engaging in the
discussion every day! Spread the word. |
February 2010
CALIFORNIA
Supreme Court Rejects Appeal of
Woman Forced to Share Daughter with Lesbian Ex-Partner
By Peter
J. Smith, LifeSiteNews.com
02-25-10 --
US Supreme Court has rejected the appeal of a Texas mother
challenging her former lesbian partner’s claim to be the second
parent of her daughter, reports the San Francisco Chronicle. . . .
Kristina S. had conceived her now six-year-old daughter Amalia
through artificial insemination during her domestic partnership with
lesbian Charisma R. However, Kristina left the partnership three
months after her daughter’s birth. . . . The former partner
initiated a legal challenge to gain visitation rights, but her case
was not considered by state judges until the California Supreme
Court ruled in 2005 that homosexual partners involved in the process
of conceiving and raising their partner’s child had legal rights as
“co-parents.” . . . Charisma had not seen the little girl for five
years when an Alameda County judge in California ordered that visits
commence based on the state high court’s ruling. . . . Since the US
Supreme Court refused to review the case, the decision of
California’s First District Court of Appeal will stand that
Christina is the legal “co-parent” and has visitation rights.
PENNSYLVANIA
School District Accused of Spying
on Students via Home Webcams
Shannon
P. Duffy, The Legal Intelligencer
02-19-10 --
It may sound like a Hollywood pitch for a summer movie aimed at
teens, but it's taken directly from the pages of a federal lawsuit
filed in Philadelphia that spins a tale of high school teachers
secretly installing cameras in hundreds of students' homes to spy on
them. . . . The class action suit, Robbins v. Lower Merion School
District, alleges that 1,800 students were provided with laptop
computers equipped with webcams which -- unbeknown to the students
or their parents -- could be activated at any time by teachers and
school administrators to spy on the students and their families in
their homes. . . . Attorney Mark Haltzman with Lamm Rubenstone of
Trevose, Pa., filed the suit alleging claims under the
Electronic Communications Privacy
Act, the
Computer Fraud and Abuse Act
and the Stored Communications Act, as well as violations of the
Fourth Amendment, federal civil rights laws and Pennsylvania's
wiretap statute. Haltzman could not be reached immediately for a
comment on the case.
MASSACHUSETTS
SJC says lewd IMs to minors not illegal
Patrick, legislators aim to close loophole
By
Jonathan Saltzman and John R. Ellement, Boston Globe Staff
02-08-10 --
A Beverly man who sent a series of sexually explicit instant
messages to someone he thought was a 13-year-old girl had his
convictions overturned yesterday by the state’s highest court, which
declared that state law does not bar people from sending lewd
computer messages to minors. . . . Although state law bans the
dissemination of “any matter harmful to minors’’ - including
photographs, magazines, movies, and “handwritten or printed
material’’ - it does not mention instant messaging or other text
sent online. . . . “The online conversations in this case, as they
were not written with pen or pencil, cannot be considered
`handwritten’ materials,’’ Justice Francis X. Spina wrote on behalf
of the Supreme Judicial Court, in a ruling that illustrates how
evolving technology outpaces changes in legal language. . . . “If
the Legislature wishes to include instant messaging or other
electronically transmitted text in the definition,’’ the court added
in the unanimous decision, “it is for the Legislature, not the
court, to do so.’’
Child Pornography, and an Issue
of Restitution
By John
Schwartz, New York Times
|

A
Victims-of-Law Associate |
02-02-10 --
When Amy was a little girl, her uncle made her famous in the worst
way: as a star in the netherworld of child pornography. Photographs
and videos known as “the Misty series” depicting her abuse have
circulated on the Internet for more than 10 years, and often turn up
in the collections of those arrested for possession of illegal
images. . . . Now, with the help of an inventive lawyer, the young
woman known as Amy — her real name has been withheld in court to
prevent harassment — is fighting back. . . . She is demanding that
everyone convicted of possessing even a single Misty image pay her
damages until her total claim of $3.4 million has been met. . . .
Some experts argue that forcing payment from people who do not
produce such images but only possess them goes too far. . . . In
February, when the first judge arranged payment to Amy in a case in
Connecticut, Jonathan Turley, a law professor at George Washington
University, called the decision “highly questionable”
on his blog
and said it “stretches personal accountability to the breaking
point.” . . . The judge in the case acknowledged, “We’re
dealing with a frontier here.”
PENNSYLVANIA
'Original victims' cheated in Luzerne scandal?
By Amy
Worden, Philadelphia Inquirer Harrisburg Bureau
02-02-10 --
The state's victim advocate yesterday urged a special panel not to
forget the thousands of "original victims" allegedly harmed by
juveniles whose cases were heard by judges at the center of the
Luzerne County criminal-justice scandal. . . . Carol L. Lavery, who
heads Pennsylvania's Office of the Victim Advocate, says she has
received letters from numerous victims - and parents of victims - of
juvenile offenders whose cases were vacated as a result of the "cash
for kids" corruption investigation. . . . Former Luzerne County
Court Judges Mark A. Ciavarella Jr. and Michael T. Conahan are
accused of collecting $2.6 million in kickbacks for sending
thousands of children to detention at private facilities. . . . The
two pleaded guilty last year to fraud charges, but a federal judge
threw out their plea agreements, saying the men had not accepted
responsibility. They are awaiting trial.
|

A
Victims-of-Law Associate |
January 2010
OHIO
Mom Makes Federal Case Out of
Latest Student Hairstyle Rights Fight
By
Martha Neil, ABA Journal
01-28-10 --
Headlines about school district battles over student hairstyles are
now focusing on Ohio, where a mother of an 11-year-old boy says he
was publicly humiliated by a teacher and a classroom aide and has
filed a federal lawsuit over their alleged "gender-based harassment"
of the boy. . . . When the unidentified boy was younger, some
children teased him about his professionally styled, apparently
shoulder-length hair. At that point, his mother, Amanda Anoai, says
she told her son to toughen up or cut his hair, reports the
Associated Press.
. . . But when her son told her that the teacher and the aide had
made him stand at the front of his sixth-grade classroom, put his
hair in ponytails, and then introduced him to students there as new
female student—before the aide walked him to other classrooms and
performed similar introductions there—this was "a totally different
story," Anoai says.
NEW YORK
Don't chain kids to court unless it is needed, judge rules
By Jose
Martinez , Daily News Staff Writer
01-27-10 --
A judge on Tuesday slapped the agency in charge of the state's
juvenile prison system for shackling kids being taken to court
appearances in the city. . . . Manhattan Supreme Court Justice
Milton Tingling ruled the Office of Children and Family Services
violated a policy that says shackles should be used only in extreme
cases in which the child is found to be uncontrollable and a danger
to himself or others.
FLORIDA
Young Lawyers bring Santa back
for an encore
by Joe
Wilhelm Jr., Jacksonville Daily Record Staff Writer
01-25-10 --
Outside was gray and dim due to a morning rain storm, but inside the
office of Family Support Services of Northeast Florida the smiles of
foster kids were wide and bright. . . . The Young Lawyers Section of
the Jacksonville Bar Association and Northeast Florida Paralegal
Association volunteers co-hosted the event Jan. 16 to provide a
“Holiday in January” for foster kids who may not have received
presents without the party. . . . “It is geared toward children who
were relocated during the holiday season due to an unsafe,
neglectful or even abusive homes,” said Fraz Ahmed, chair of the
project. “The purpose is to give these children a holiday they did
not otherwise get to enjoy.” . . . The event served 25 children from
the Jacksonville area, providing 20 bikes and toys for kids.
FEDERAL
COURTS
3rd Circuit Panel Mulls if Teen 'Sexting' Is Child
Pornography
Shannon
P. Duffy, The Legal Intelligencer
01-19-10 --
As the nation's first case involving criminal prosecutions of
teenagers for "sexting" made its way to a federal appeals court in
Philadelphia, all three judges seemed skeptical of the prosecutor's
claim that child pornography laws are violated when a teen transmits
a nude image of herself. . . . The three 3rd U.S. Circuit Court of
Appeals judges also appeared poised to declare that former Wyoming
County District Attorney George Skumanick Jr. violated the First
Amendment rights of three girls with
his threat of a criminal prosecution if they refused to take a
class he had designed to educate youths about the dangers of sexting.
. . . "I don't know of anything that says a district attorney's
office is allowed to, in effect, play the role of teacher," Judge
Thomas L. Ambro said.
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NEW
JERSEY
Federal monitors give largely positive marks for N.J. child welfare
By
Statehouse Bureau Staff, The Star-Ledger - NJ.com
01-07-10 --
Children in New Jersey's child welfare system are safer and many are
kept with their brothers and sisters when they enter foster care,
according to a federal report issued today. . . . But too many
children under state supervision remain in the system for too long
without a plan for their futures and are kept from their parents
once separated. . . . In the first look at whether the more than $1
billion overhaul of the state system is actually helping the 48,000
kids it oversees, a federal monitor said New Jersey "exceeded
expectations" in several areas directly connected to children's
well-being and continued to strengthen the structure of the
once-broken system. . . . Federal Monitor Judith Meltzer added,
however, that much work remains and said Gov.-elect Chris Christie
and lawmakers must maintain the financial investment made over the
last four years in order to continue improving children's lives.
RHODE
ISLAND
Federal appeals court judges
question dismissal of R.I. child advocate’s lawsuit
By Katie
Mulvaney, Providence Journal Staff Writer
01-06-10 --
A federal appeals court panel that includes retired U.S. Supreme
Court Justice David H. Souter appeared perplexed Tuesday by the
dismissal of a lawsuit that accuses the Rhode Island Department of
Children, Youth and Families of widespread abuse and neglect of
children in state foster care. . . . Rhode Island Child Advocate
Jametta O. Alston and the New York-based advocacy group Children’s
Rights asked the First U.S. Circuit Court of Appeals to overturn
Senior U.S. District Judge Ronald R. Lagueux’s dismissal of the
lawsuit alleging the system was underfunded, understaffed and
mismanaged, and that children were being molested, beaten and
shuffled from home to home while in state foster care. They argued
that Lagueux had used a law intended to guarantee children access to
the federal courts instead to bar them from seeking justice. . . .
The DCYF countered that Lagueux was correct in finding that the
children’s interests were already being served in state Family
Court, where guardians had been appointed to handle each child’s
case.
Federal judge asks prosecutors to put a price on child porn
A federal judge pushes
prosecutors to demand restitution from those caught with
explicit photos.
By James Walsh, Minneapolis Star Tribune
01-05-10 --
She goes by the name of "Amy," and the photos her uncle took
of her a decade ago -- when she was 8 or 9 years old -- are
among the most widely circulated series of child pornography
images in the United States. . . . Now her fight for damages
from those who possess or distribute those photos is
emerging as a big issue in federal courtrooms across the
country. Including here. . . . The question is: How much can
one offender possessing any of the millions of images
circulating on the Internet be expected to pay to any of the
thousands of victims worldwide? Amy is seeking a total of
more than $3.3 million. . . . On Monday, Judge Patrick
Schiltz in U.S. District Court in St. Paul issued an order
demanding to know why restitution was not even requested by
the U.S. attorney's office in the case of a Minnesota man
who pleaded guilty to possession of child pornography.
NEW YORK
Juvenile Injustice
New York Times
Editorial
01-05-10 --
Gladys Carrión, New York’s reform-minded
commissioner of the Office of Children and Family
Services, has been calling on the state to close
many of its remote, prison-style juvenile facilities
and shift resources and children to therapeutic
programs located in their communities. Her efforts
have met fierce and predictably self-interested
resistance from the unions representing workers in
juvenile prisons and their allies in Albany. . . . A
recent series of damning reports have underscored
the flaws in New York’s juvenile justice system and
the urgent need to shut down these facilities. The
governor and the State Legislature need to pay
attention. . . . A report by a task force appointed
by Gov. David Paterson describes a failing system
that damages young people, fails to curb recidivism
and eats up millions of tax dollars. Children should
be confined only when they present a clear threat to
public safety. But the most recent statistics show
that 53 percent of the youths admitted to New York’s
institutional facilities were placed there for minor
nonviolent infractions. . . . The report also says
that judges often send children to these facilities
because local communities are unable to help them
with mental problems or family issues. But once they
are locked up, these young people rarely get the
psychiatric care or special education they need
because the institutions lack trained staff. . . . A
report from the Justice Department, which has
threatened to sue the state, documents the use of
excessive and injury-causing force against children
in juvenile facilities, often for minor offenses
such as laughing too loudly or refusing to get
dressed. And last week, the Legal Aid Society of New
York City filed a class-action suit on behalf of
youths in confinement, arguing that conditions in
the system violate their constitutional rights.
CALIFORNIA
Major Legal Changes Ahead for
California Minors
Cheryl
Miller, The Recorder
01-04-10 --
They haven't grabbed any headlines, and they're not particularly
easy to explain. . . . But a
new set of court rules
that go into effect in the New Year offer some of the most
significant changes in the field of minors' personal injury claims
in years, lawyers on both sides of the issue say. . . . The rules,
the product of two years of negotiation among the plaintiffs bar,
defense counsel and judges, address the complex and confusing area
of law known as minor's compromise. . . . Broadly stated, the phrase
refers to the practice of a court approving any settlement of a
child's personal injury claim or the claims of certain disabled
adults. California Family and Probate codes also give courts
authority to approve or actually set the amount of contingency fees
paid to the child's attorney.
What The Divorce Revolution Has Meant For Kids
by Sasha Aslanian
Divorced
Kid'
To
listen to the entire hour-long radio documentary and see
more photos, visit the
"Divorced Kid"
site.
01-03-10 --
The 1970s saw changes great and small in American society.
More women began to move into the workforce and began to
define themselves as more than wives, mothers or
girlfriends. . . . While men grew their hair and wore
flowered shirts, children were listening to Marlo Thomas
singing "Free to Be... You and Me." . . . Gender roles were
changing. It was OK for Mom to be a doctor and Dad to be a
nurse. It was also increasingly OK to leave behind the
confines of marriage. The divorce rate, which had begun to
climb in the 1960s, soared in the 1970s, as states began to
adopt no-fault divorce laws. . . . But what did the 1970s
divorce boom mean for the kids? . . . Producer Sasha
Aslanian spent five years working on a documentary about the
children of divorce. Here's some of what she found:
Kramer vs. Kramer was the quintessential divorce movie
of the 1970s. It won five Academy Awards, including Best
Picture, in 1979. Dustin Hoffman and Meryl Streep starred as
the estranged couple, locked in a custody battle over their
young son.
But the
child they were fighting over doesn't have much of a voice
in the movie. It's more a drama about his parents.
Avery
Corman wrote the novel the movie was based on.
"I know
when I saw a screening of it in a movie house for the first
time, when I got up, there were kids all around kind of
slumped all in their seats," Corman says. "And I knew
exactly who they were."
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December 2009
MICHIGAN
Law firm offers free legal services to families of Ferndale students
Help aimed at those who can't afford it
By Peggy
Walsh-Sarnecki, Free Press Education Writer
12-29-09 --
Families of more than half the students at Ferndale High School fall
below the federal poverty rate, so if they ever are in a legal bind,
they likely wouldn't be able to afford an attorney. . . . That's one
reason a law firm chose Ferndale schools for a new pro bono project.
. . . Lawyers from Dykema, a national law firm with local offices in
Detroit, Bloomfield Hills and Ann Arbor, began offering a free legal
clinic in September and plan to do so once a month, indefinitely. .
. . The firm specifically wanted to offer its services free to a
community where a large proportion of the people were unlikely to be
able to afford a lawyer, said Heidi Naasko, Dykema pro-bono counsel.
. . . Right now, any Ferndale Public Schools parent, guardian or
student qualifies for free legal advice. And several families have
taken advantage of the offer.
NEW
JERSEY
Middlesex County aims to
put juvenile offenders on right track, not behind bars
By Gene Racz • New Brunswick Home News Tribune Staff Writer
12-29-09 --
Juveniles who break the law in Middlesex County but pose no
real public safety or flight risk may soon be spending more
time in a new support program than at a youth detention
center. . . . Middlesex County has applied to participate in
the Juvenile Detention Alternatives Initiative. The primary
goal of the program is making sure that secure detention is
used only for serious and chronic youthful offenders. . . .
Launched in 1992 by the private charitable organization
Annie Casey Foundation, the Juvenile Detention Alternatives
Initiative is in place in 10 of the state's 17 counties
operating juvenile detention centers: Atlantic, Camden,
Essex, Hudson, Monmouth, Bergen, Burlington, Mercer, Ocean
and Union. . . . The application is under review by the
state's Juvenile Justice Commission.
DELAWARE
Delaware Pediatrician Is
Accused of Raping Patients
By Ian Urbina, New York Times
12-23-09 --
For more than a decade, Dr.
Earl B. Bradley was a trusted fixture of the small coastal
town of Lewes, Del., seeing thousands of children at a
private practice he called BayBees Pediatrics. . . . On
Wednesday, an official from the state attorney general’s
office said that Dr. Bradley might have raped or molested as
many as 100 children over the last 11 years, and the police
scrambled to identify victims seen on videos that they say
the doctor made of the assaults. They also began contacting
law enforcement agencies in Florida, New Jersey and
Pennsylvania, where they believe the doctor may have also
seen patients. . . . Last week, Dr. Bradley, 56, was charged
with molesting or raping at least seven patients, including
some infants. A court hearing in the case was canceled
Wednesday because Dr. Bradley had been placed on suicide
watch. . . . “We are acting as quickly as possible,” the
attorney general, Joseph R. Biden III, said Wednesday at a
news conference.
Cut the Power of the
Family Courts
by Phyllis Schlafly
12-22-09 --
Do you think judges should have the power to decide what
religion your children must belong to and which churches
they may be prohibited from attending? We have long
suspected that family courts are the most dictatorial and
biased of all U.S. courts, routinely depriving divorced
fathers of due process rights and authority over their own
children, but this December a Chicago judge went beyond the
pale. . . . Cook County Circuit Judge Edward Jordan issued a
restraining order to prohibit Joseph Reyes from taking his
3-year-old daughter to any non-Jewish religious activities
because the ex-wife argued that would contribute to "the
emotional detriment of the child." Mrs. Rebecca Reyes wants
to raise her daughter in the Jewish religion, and the judge
sided with the mother. . . . As Joseph Reyes' divorce
attorney, Joel Brodsky, said when he saw the judge's
restraining order: "I almost fell off my chair. I thought
maybe we were in Afghanistan and this was the Taliban." The
lawyer is appealing. . . . Doesn't the First Amendment
extend to fathers? Apparently not, if they are divorced.
This case sounds extreme, but it is a good illustration of
how family courts, the lowest in the judicial hierarchy,
have become the most dictatorial of all courts because of
the tremendous number of families and amounts of private
money they control and the lack of accountability for their
decisions. . . . In another divorce case this year, a family
court in New Hampshire (where the state motto is "Live Free
or Die") ordered 10-year-old Amanda Kurowski to quit being
homeschooled by her mother and instead to attend fifth grade
in the local public school. Judge Lucinda V. Sadler approved
the court-appointed expert's view that Amanda "appeared to
reflect her mother's rigidity on questions of faith" and
that Amanda "would be best served by exposure to multiple
points of view."
FLORIDA
Fla. Supreme Court Bans Shackles for Juveniles in Courtroom
Jordana
Mishory, Daily Business Review, Law.com
12-21-09 --
The Florida Supreme Court has
banned the widespread practice of shackling juvenile defendants
in courtrooms, calling it "repugnant, degrading, humiliating
and contrary to the state's primary purposes of the juvenile justice
system." . . . In an unsigned 6-1 opinion, the court amended the
rules of judicial procedure to state a juvenile defendant cannot be
placed in handcuffs, chains, irons or straitjackets unless the court
finds it necessary in specific instances. . . . In courtrooms around
the state, children were being shackled by the wrists and ankles
with belly chains, chained to furniture or chained to each other,
the justices noted. The court suggested shackling may violate the
children's due process rights.
NEW
YORK
Monroe County judge rules
that DHS must pay foster care money for kinship care
Daniel Weaver, Albany CPS and Family Court Examiner
12-18-09 --
In a decision of November 25, 2009 but just released three
days ago, Monroe County Family Court Judge, Patricia E.
Gallagher, ruled that the Monroe County Department of Human
Services must pay foster care money to Loretta K., the
friend of the family of a neglected child, who took the
child in. According to the ruling, the Department of Human
Services must treat Ms. K. in a equal manner to the way it
treats a foster mother who is a stranger to the child. . . .
New York State's definition of kinship care not only
includes people related by blood who care for a neglected or
foster child, but also includes people who have a
significant or close relationship with the child, even if
they are not related by blood. . . . While foster care
support is automatically provided to strangers who foster
children, it is not automatically provided if for kinship
care. A relative has to request foster care money.
MASSACHUSETTS
Man accused of raping 2d child while free on bail
By John
R. Ellement and Andrew Ryan, Boston Globe Staff
12-14-09 --
A man accused of sexually assaulting a 3-year-old girl in Kingston
this weekend had been charged this summer with raping another child.
But Joseph Gardner, 26, had been released on $10,000 cash bail and
was free when he allegedly attacked the second victim on Friday,
according to police and court records. . . . Prosecutors had asked
that Gardner be held on bail of $150,000 to $200,000 after his
arrest on Aug. 22 on charges of daytime breaking and entering and
the rape of a 5-year-old girl, according to Bridget Norton
Middleton, a spokeswoman for the Plymouth District Attorney's
office. . . . But Judge Joseph M. Walker III ordered bail set at
$10,000, which Gardner posted on Oct. 8, court records show. On
Friday night, Gardner is accused of raping a 3-year-old child with
force and intimidating a witness.
NEW YORK
Paterson Admin. to Judges: Stop Sending Kids to State
Facilities
NBCNewYork.com obtains advance copy of state report
By
Melissa Russo, NBC New York
12-14-09 --
After repeated fits of rage at home a 16-year-old is about to head
upstate to what's been described as one of the most brutal juvenile
detention facilities in New York. . . . "I am a single mom. My son's
father is deceased so it's been hard for me. I depend on the state
to help me out and I feel like I haven't gotten anywhere," his
mother told NBCNewYork.com. . . . She says her attempts to get her
son counseling close to home failed. . . . "My son is an adolescent
he's going through puberty he's overall a good kid. He might be a
little misguided at this moment. I don't feel like sending him to a
secure locked facility is the type of situation that that's gonna be
helpful to any child." . . . What's remarkable is that the officials
running the state juvenile detention system agree children should
not be sent there because the system is failing and children are
regularly subjected to excessive physical force.
Lesbian awarded custody of Christian's only child
Decision sets up showdown
over claim from ex-partner
Posted: December 05, 2009
By Bob Unruh, © 2009 WorldNetDaily
12-5-09 --
A Vermont court ordered a Christian child taken away from
her mother and given to a lesbian ex-partner, setting up,
according to a lawyer for the Christian family, a dispute
that the U.S. Supreme Court likely will have to resolve. . .
. Mathew Staver, founder of
Liberty Counsel, told WND the recent order from
the Vermont judge that Lisa Miller turn over her young
daughter, Isabella, to the lesbian ex-partner, Janet
Jenkins, on New Year's Day is being appealed. . . . In the
interim, a separate court hearing on the dispute is
scheduled to be heard in a Virginia court during this coming
week. . . . "We're arguing that the state of Virginia cannot
enforce an out of state, Vermont, civil union because it's
contrary to Virginia law," Staver said. . . . Ultimately, he
said, the issue probably will have to be resolved by the
U.S. Supreme Court, because the case is being moved along
parallel tracks in both Vermont, where Jenkins lives, and
Virginia, where the Millers live.
MAINE
Task force outlines plan for transforming juvenile justice
By Judy
Harrison, Bangor Daily News Staff
12-4-09 --
Increasing the state’s high school graduation rate will decrease the
number of Maine’s children in the criminal justice system, and
offering more alternatives to incarceration will give juveniles in
that system a better chance of staying out of prison and succeeding
as adults, Maine Supreme Judicial Court Chief Justice Leigh I.
Saufley said Thursday. . . . “Maine cannot afford to lose one more
of its young people to prison and jails, to homelessness, to
hopelessness,” Saufley said at a press conference in her office in
Portland. “Maine’s response to juveniles in our communities is in
urgent need of improvement.” . . . Saufley, along with Peter
Pitegoff, dean of the University of Maine School of Law in Portland,
announced the recommendations of a 70-member task force that has
spent the past eight months strategizing on improving the options
for at-risk youth. The results will be discussed in detail today at
a forum called “Maine Rising: An Innovative Approach to Transforming
Juvenile Justice” at the Augusta Civic Center.
MINNESOTA
Judge: State can take, keep newborns' data
'Blood samples are biological, not genetic, information'
By Bob
Unruh, © 2009 WorldNetDaily
12-4-09 --
A judge in Minnesota has ruled the state can routinely collect,
analyze, store and retrieve biological samples that include DNA from
all newborns even though a state law specifically requires prior
written authorization. . . . The decision from Hennepin County
District Judge Marilyn Rosenbaum dismissed a case brought by members
of nine families who alleged the state was going beyond what it was
authorized to do. . . . Although not part of the lawsuit, Twila
Brase, president of
the Citizens' Council on Health Care, has been monitoring
the dispute since its beginning, battling the state Department of
Health, which reportedly has been taking and warehousing newborns'
genetic makeup for years but not following "written consent
requirements." . . . The group has cited a number of cases in which
the state's genetic privacy act law apparently was ignored, or there
was an attempt to ignore it.
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November 2009
ILLINOIS
Babysitter's Custody Win
May Be Short-Lived
Tresa Baldas, The National
Law Journal
11-30-09 --
Family law attorneys call it
a first: a babysitter winning custody of a child. Now the
mother's lawyer has won a rehearing -- just in time for the
holidays. . . . In an emergency hearing in a Chicago
courtroom on Nov. 24, the same judge who last month gave a
babysitter custody of a two-year-old boy vacated the
guardianship order at the request of the child's parents.
The toddler will stay with the babysitter pending a Jan. 20
status hearing, although he will spend Thanksgiving and
Christmas with his parents and grandmother, who will also
get weekly visits. . . . "I've been practicing law for 30
years, and I've never seen anything like this," said Jeffrey
Leving of the
Law Offices of Jeffrey M.
Leving in
Chicago, who represents the mother.
ALASKA
New fight develops over
rights of fetuses
Abortion Issue:
Lawsuit filed to keep initiative off the ballot.
By Sean Cockerham, The Anchorage Daily News
11-28-09 --
A ballot initiative that
sponsors hope will outlaw abortion in Alaska by declaring
fetuses to be "legal persons" appears headed for a court
fight. . . . It's questionable whether the initiative could
actually lead to abortion being illegal -- the state
attorney general issued an opinion that it wouldn't. But
opponents argue the measure is so broad it could have huge
consequences regardless of whether it halts any abortions,
ranging from women potentially sued following miscarriages
to a legal argument that fetuses should be receiving
Permanent Fund dividend checks. . . . "It is just insane,"
said Jeffrey Mittman, executive director of the Alaska Civil
Liberties Union.
NEW
HAMPSHIRE
Hearing for homeschooler forced
into gov't system
Judge: 'Lost opportunity'
if child's Christian views not challenged in public setting
By
Chelsea Schilling, © 2009 WorldNetDaily
11-24-09 --
The New Hampshire Supreme Court has agreed to hear the case of a
10-year-old homeschool girl who has been ordered into a
government-run school because she was too "vigorous" in defense of
her Christian faith. . . .
As WND reported,
a girl identified in court documents as "Amanda" had been described
as "well liked, social and interactive with her peers, academically
promising and intellectually at or superior to grade level." . . .
Nevertheless, a New Hampshire court official determined that she
would be better off in public school rather than continuing her
homeschool education. . . . The August decision from Marital Master
Michael Garner reasoned that Amanda's "vigorous defense of her
religious beliefs to [her] counselor suggests strongly that she has
not had the opportunity to seriously consider any other point of
view." . . . The recommendation was approved by Judge Lucinda V.
Sadler, but it is being challenged by attorneys with the
Alliance Defense Fund,
who said it was "a step too far" for any court. . . . The ADF filed
motions with the court on Aug. 24 seeking reconsideration of the
order and a stay of the decision sending the 10-year-old student in
government-run schools in Meredith, N.H. On Sept. 17, a lower-court
judge refused to reconsider or stay the order. . . . The
denial of the motions,
signed by Judge Sadler of the Family Division of the Judicial Court
for Belknap County in Laconia, states, "Amanda is at an age when it
can be expected that she would benefit from the social interaction
and problem solving she will find in public school, and granting a
stay would result in a lost opportunity for her."
PENNSYLVANIA
Ex-Pa. Judges in 'Kids for Cash' Scandal Win Partial Civil
Immunity
Leo Strupczewski, The Legal Intelligencer
11-23-09 --
Two former Luzerne County,
Pa., judges who are facing federal criminal charges have
been granted partial immunity in a civil suit brought by a
class of juveniles who claim their rights were violated in
the wake of the Luzerne County judicial scandal. . . .
Writing that judicial immunity does not operate on a
"sliding scale," U.S. District Judge A. Richard Caputo has
ruled, in Wallace, et al. v. Powell, et al., that Michael T.
Conahan and Mark A. Ciavarella Jr. are protected by immunity
from facing legal action for their courtroom acts. . . .
"The degree of corrupt behavior is not the touchstone of the
immunity doctrine's application," Caputo wrote. "The
doctrine holds that judges with bad intentions, as well as
those with good intentions, are immune from suit." The
ruling is a blow to the juveniles.
FLORIDA
Gov. Charlie Crist orders probe of juvenile justice chief
Florida launched an
investigation into the extensive taxpayer-funded travel of
the state's juvenile justice chief, Frank Peterman.
By Steve Bousquet and Lee Logan, Herald/Times Tallahassee
Bureau
11-20-09 --
Gov. Charlie Crist ordered an internal investigation and a
citizen lodged an ethics complaint Wednesday over the
extensive taxpayer-funded travel of Juvenile Justice
Secretary Frank Peterman between the state capital and
Tampa, near his family home. . . . Crist ordered his
inspector general, Melinda Miguel, to review Peterman's
travel after seeing a Times/Herald report that Peterman has
spent $44,000 in tax dollars on travel in less than two
years. Miguel's mission is to root out waste, fraud and
abuse in state government, Crist spokesman Sterling Ivey
said.
America's dead children and Child Protective Services
Lisa Nixon, Surry County CPS Examiner
11-11-09 --
The list is long and
heartbreaking, the children on it have been beaten, broken,
drowned, burned, strangled, starved or neglected, and all of
them are dead. Headlines have drawn attention to the cases
of some of them,
Danieal Kelly,
Erin Maxwell,
Kayla Allen,
and
Christopher Thomas,
but there are many more,
Phoenix Jordan
Cody-Parrish,
Brandon Williams,
Elizabeth Goodwin,
Logan Marr and
Alexis (Lexie)Agyepong-Grover,
just to name a few. . . . . The children on this list died
in very different settings; some died in their own homes,
some in foster care, while others were killed by their
adoptive parents. Yet, all of these dead, abused, children
had one thing in common, Child Protective Services. . . . .
Statistics /
Bill Bowen in his
short documentary film, Innocents Destroyed, states that,
"Over 1,000 children die of neglect or are tortured and
murdered each year, in the care of an entity where children
are up to 600% more likely to die a horrific death, CPS." .
. . . According to
Child Welfare Information
Gateway, "The
National Child abuse and Neglect Data System (NCANDS)
reported an estimated 1,760 child fatalities in 2007." All
of these deaths are attributed to child abuse or neglect.
VIRGINIA
State Supreme Court
censures Va. Beach judge
By Kathy Adams, The Virginian-Pilot
11-6-09 --
The state Supreme Court reprimanded a Virginia Beach
Juvenile and Domestic Relations District Court judge
Thursday for violating ethical conduct standards in a 2007
case. . . . The court censured Judge Ramona D. Taylor after
finding that she intentionally blocked a 15-year-old boy
from appealing her decision to detain him. Her actions
constituted "conduct prejudicial to the proper
administration of justice," Justice LeRoy F. Millette Jr.
wrote in the 53-page opinion. . . . Taylor declined to
comment, but her attorney, Kevin Martingayle, said they plan
to petition for a re hearing within 30 days. If that doesn't
go in Taylor's favor, she can appeal to the U.S. Supreme
Court. . . . "We're obviously disappointed with the majority
decision," Martin-gayle said. "We believe that it contains
some mistakes of law and fact."
MASSACHUSETTS
SJC rebukes state agency
and judge for emergency removal of newborn
By John R. Ellement, Boston Globe Staff
11-4-09 --
In a sharply worded rebuke, the state’s high court today
said that a judge and the Department of Children and
Families moved too fast to remove a newborn from a Western
Massachusetts mother – who had already lost custody of two
older children because they were not being properly cared
for. . . . In a unanimous ruling written by Chief Justice
Margaret H. Marshall, the Supreme Judicial Court said that
judges handling emergency custody cases must wipe from their
minds any information gleaned from other cases involving the
same mother or family. The girl was identified only as Zita.
. . . “It may be impossible to erase a judge's memory of the
prior case,’’ Marshall wrote. “But each party is entitled to
an impartial magistrate and a decision based on the evidence
presented in her case… Zita's removal by the Commonwealth
from her custodial parent implicates constitutional rights
of the highest order.’’
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October 2009
Most States Fail to
Adequately Protect the Legal Rights of Abused Children, New
Study Finds
Second Edition State-By-State
Report Card Shows Improving Grades in Some States; Most
Leave Children's Voices Muted in Legal Proceedings That
Decide Their Fate
PRNewswire-USNewswire via COMTEX/ --
Stronger State/Federal Laws
Needed
10-15-09 --
Most U.S. states do not adequately protect the rights of
abused and neglected children, leaving our most vulnerable
citizens exposed to the vagaries of the juvenile court
system without adequate legal representation, according to a
state-by-state study conducted by two national child
advocacy organizations. . . . The peer-reviewed study -- A
Child's Right to Counsel: A National Report Card on Legal
Representation for Abused and Neglected Children -- was
released today on Capitol Hill by First Star and the
Children's Advocacy Institute at the University of San Diego
School of Law (CAI). To view the full report, visit
www.firststar.org, or www.caichildlaw.org. . . . "The
federal government reported that nearly 800,000 children
were abused or neglected in 2007," said Amy Harfeld,
Executive Director of First Star. "In the current economic
recession, these children are suffering more than ever -
reports of child abuse have skyrocketed while resources to
help them have been placed in jeopardy. Most of these
children will go through court proceedings that will
determine their lives and futures. Yet while the state and
the allegedly abusive or neglectful parent stand in court
with attorneys by their sides, the children often stand
alone and silent. They are herded through the system without
a strong voice to advocate on their behalf. This is a
troubling double-standard."
CAI and First Star Release
(Oct. 15, 2009)
2nd Edition of Child's Right to Counsel
National Report Card
FLORIDA
Runaway Teen Must Return To Ohio
By Stephanie Coueignoux, Central Florida News 13
10-14-09 --
The case of Ohio runaway Rifqa Bary returned to court
Tuesday. A judge has ruled that the teen needs to return to
her home state. . . . Rifqa Bary said she ran from her
parents out of fear they would kill her because she
converted from Islam to Christianity. . . . It's a claim her
parents and their lawyer have repeatedly denied. . . . Rifqa
is currently in the custody of the Department Of Children
and Families. . . . Rifqa Bary will stay in Florida for at
least another week and a half. That's because the judge
says he needs to have a couple of documents in his hands
before he will let Bary go back to Ohio. . . . The main
document deals with the family's immigration records and the
question of whether the family is here in the United States
legally.
NEW YORK
Juvenile justice expert says judge children as children
By James
T. Mulder / The Post-Standard
"How
can we hold adolescents accountable as adults in adult courts
for not exercising a level of maturity that they are not
physically, emotionally, or intellectually expected to possess?
... America and its children deserve a system of justice that
not only holds children accountable for their behavior, but also
protects and nurtures those who can learn from their mistakes."
—From the Prologue
10-6-09 --
Treating children as adults in the court system is a bad policy that
is ruining youngsters’ lives and exacting a heavy economic toll on
society, according to juvenile justice expert
Michael A. Corriero. . . . Corriero, who served as a
state Supreme Court judge for 28 years and now runs
Big Brothers Big Sisters of New York City, was in
Syracuse today to speak at the
Salvation Army’s annual civic celebration luncheon in the
Oncenter. More than 500 people attended the event. . . . “You can’t
try kids as adults because they are not,” Corriero said in an
interview before the luncheon. “Locking kids up, which may appear to
be expedient, is not the answer.” . . . Corriero is a harsh critic
of
Juvenile Offender Act of 1978, which allows children as
young as 13 to be tried in adult court for crimes such as murder and
receive the same penalties as adults.
MISSOURI
Missouri ‘Judge’ Lets Admitted Child Molester off with Probation
By Bob
Ellis, Dakota Voice
 |
|
Judge John M. Torrence |
10-1-09 --
From Fox News comes a story on
another worthless judge. Granted, not all judges are this kind of
despicable scum, but far too many are, and they are the reason the
word “justice” is becoming a mockery of the actual concept in
America. . . . Jarred Elwood in Missouri plead guilty to molesting a
girl for 8 years beginning when she was only 6 years old. Elwood
plead guilty to charges of first-degree statutory sodomy, child
molestation, and enticement of a child. . . . “Judge” John Torrence
(I put quotes around the word “judge” because the title deserves
more respect than this man’s name can bring to it) let the molester
off with probation only. . . . Notice in the attempted interview
below, this creep won’t even bother to try and explain his
reprehensible actions. . . . This is the kind of trash we have
passing itself of as a “judge” in this country these days.

September 2009
ARKANSAS
If you have been unfairly treated by Arkansas Judge Joe
Griffin, CPS Watch needs your story
Daniel Weaver Albany CPS and
Family Court Examiner
9-25-09 --
If you have been or are being treated unfairly by Judge Joe
Griffin of Miller County Circuit Court, Juvenile Division in
Texarkana, Arkansas,
CPS Legal Watch would like to hear from you. . .
. CPS Legal Watch is currently involved in
defending the parents of children taken by the state
simply because they had an association with Tony Alamo
Christian Ministries, not because they have committed any
crimes. . . . You can contact CPS Legal Watch at
(772)341-4068 or (417) 294-9955. You can also email them at
tcpr@gate.net or cheryltbarnes@yahoo.com.
ARIZONA
Bath Time Photos Prompt
Child Porn Allegations
Arizona Couple Suing Wal-Mart
for Calling Cops Over Bath Time Photos
By Dan Przygoda, Sarah Netter & Lee Ferran, ABC News
9-21-09 --
For A.J. and Lisa Demaree, the photos they snapped of their
young daughters were innocent and sweet. . . . But after a
photo developer at
Wal-Mart
thought otherwise, the Demarees found themselves in a
yearlong battle to prove they were not child pornographers.
. . . "I don't' understand it at all," A.J. Demaree told "Good
Morning America" Monday. "Ninety-nine percent of the
families in America have these exact same photos." . . . The
eight photos in question were among a batch of 144 family
photos the Demarees had taken to their local Wal-Mart. The
developer alerted the police and the investigation into
child pornography began in earnest, even though the parents
maintained they were innocent bath time photos. . . . The
Peoria, Ariz., couple had their home searched by police and
worse, their children -- then ages 18 months, 4 and 5 --
were taken away from them for more than month. Their names
were placed on a sex offender registry for a time and Lisa
Demaree was suspended from her school job for a year. The
couple said they have spent $75,000 on legal bills.
Chinese babies stolen by
officials for foreign adoption
In some rural areas, instead
of levying fines for violations of China's child policies,
greedy officials took babies, which would each fetch $3,000
in adoption fees.
By Barbara Demick, Los Angeles Times
9-20-09 --
Reporting from Tianxi, China - The man from family planning
liked to prowl around the mountaintop village, looking for
diapers on clotheslines and listening for the cry of a
hungry newborn. One day in the spring of 2004, he presented
himself at Yang Shuiying's doorstep and commanded: "Bring
out the baby." . . . Yang wept and argued, but, alone with
her 4-month-old daughter, she was in no position to resist
the man every parent in Tianxi feared. . . . "I'm going to
sell the baby for foreign adoption. I can get a lot of money
for her," he told the sobbing mother as he drove her with
the baby to an orphanage in Zhenyuan, a nearby city in the
southern province of Guizhou. In return, he promised that
the family wouldn't have to pay fines for violating China's
one-child policy. . . . Then he warned her: "Don't tell
anyone about it." . . . For five years, she kept the
terrible secret. "I didn't understand that they didn't have
the right to take our babies," she said. . . . Since the
early 1990s, more than 80,000 Chinese children have been
adopted abroad, the majority to the United States. . . . The
conventional wisdom is that the babies, mostly girls, were
abandoned by their parents because of the traditional
preference for boys and China's restrictions on family size.
No doubt, that was the case for tens of thousands of the
girls.
OREGON
The child welfare system:
What we need isn't another study
by Timothy Travis, guest opinion
9-11-09 --
The state's proposed outside review of Oregon's foster care
system will not be helpful. Reviews, including mandatory
federal reviews, have been done. They all told us that we
have the same problems every other state has. There is
nothing new here to know. . . . The first step to improving
foster care outcomes is the realization that the "child
welfare system" is much larger than the state child welfare
agency -- the Department of Human Services. . . . The
department does not and cannot control all the agencies and
entities whose mission is to address and ameliorate child
abuse and neglect, or those entities that do not directly
identify as part of the child welfare system but whose
actions -- or inactions -- contribute as much to forging
outcomes as the efforts of those who do. . . . This is why,
when there is some spectacular failure of the child welfare
system, it's not fair that the bright light of TV news
should shine on only one part of that system: the Department
of Human Services. The agency takes the blame for the
inadequacies of the system as a whole. No measures the
department can take, on its own, will bring about
satisfactory improvement of outcomes.
TEXAS
Insult lands man in jail
Judge's sentencing in
out-of-court incident is questioned.
By Chuck Lindell, American-Statesman Staff
9-8-09 --
This summer, incensed by a ruling in a child-custody case
involving his granddaughter, 69-year-old Don Bandelman
followed the judge into a public courthouse restroom and
berated him as "a fool," court records show. . . . District
Judge Jack Robison, Bandelman said, angrily told him to
leave. . . . Then Robison did something more problematic,
raising questions about whether he abused his power as a
judge. Robison directed bailiffs to arrest Bandelman and
then sentenced the man to 30 days in jail for contempt of
court. . . . There was no hearing, no notice of charges and
no lawyer present for Bandelman, who was handcuffed and
taken to the Caldwell County Jail to serve his term in a
cell with 12 bunk beds and 23 far younger inmates. After the
first two nights of near-constant noise and
never-extinguished lights, the grandfather said, he was
physically wrecked and doubted he could survive another 28
days in captivity.
Controlling Children's
Minds
by Ken Klukowski, Townhall.com
9-5-09 --
Most people have now
heard that President Obama is going to address America’s
school children on September 8. He’ll be speaking to them
directly, without their parents there to serve as a filter.
. . .
Taken with an outrageous
situation unfolding in New Hampshire, where a home-schooling
mother has been ordered to put her daughter in public school
because the daughter is too outspoken in her Christian
beliefs, a terrifying truth emerges: If you can force a
child into government schools, you can control that child’s
mind. . . .
On Tuesday, around the nation,
millions of children will be in a setting where they’re
expected to accept what adults tell them, and where they are
required to obey. . .
. Many teachers will
carry out White House instructions (now officially modified)
to give writing topics to their students. The original
theme: How can I help President Obama? Children are also
encouraged to read books about Obama, and even
kindergarteners will be asked, “Why is it important that we
listen to the president?”
MINNESOTA
Who pays for the
lawyer? The
county does
Appeals Court rules that in
child protection cases, counties must pay for poor parents'
attorneys.
By Joy Powell, Star Tribune
9-1-09 --
Counties must pay for attorneys for poor parents in child
protection cases, the Minnesota Court of Appeals ruled on
Tuesday. . . . The decision grew out of a Rice County case
in which County Judge Thomas Neuville appointed a private
lawyer to represent a woman whose newborn baby was taken
away by the county. Neuville ordered the county to pay the
lawyer, but Rice County commissioners refused and challenged
the judge's order in the Court of Appeals. . . . Tuesday's
ruling was a victory for attorney Grant Sanders, who said he
is still owed money by the county for representing the
impoverished 19-year-old woman, who he helped regain custody
of her baby.
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August 2009
FLORIDA
Mom's Suit Claims Son
Voted out of Kindergarten
Travis Reed, The Associated Press, Law.com
8-28-09 --
A woman who claims her 5-year-old was kicked out of his
kindergarten class after the teacher held a
"'Survivor'-style vote" among fellow students about his
disruptive behavior on Thursday sued the teacher, school
officials and others. . . . Melissa Barton said that on May
21, 2008, her son Alex was "forced to stand in front of his
peers and be told why 'they hated him,' with such comments
as (Alex) is 'disgusting' and 'annoying,' 'He eats crayons,'
'Lies on the floor,' 'He eats paper' and 'He eats his
boogers.'" . . . The boy didn't return to the class and
finished the year in homeschooling. . . . The complaint in
federal court in Florida's Southern District targets the St.
Lucie County School Board, teacher Wendy Portillo, the
principal and vice principal at Morningside Elementary in
Port St. Lucie, Superintendent Michael Lannon, the local
head of education for special needs and St. Lucie County
Classroom Teachers Association and Classified Unit. . . .
Alex Barton was diagnosed with a form of autism called
Asperger's syndrome after the incident, in which classmates
voted 14-2 against him. The lawsuit alleges the school
caused emotional distress and neglected Alex's equal
protection and
Americans with
Disabilities Act
rights.
NEW
HAMPSHIRE
Court orders Christian
child into government education
10-year-old's 'vigorous'
defense of her faith condemned by judge
By Bob Unruh, © 2009 WorldNetDaily
8-28-09 --
A 10-year-old homeschool girl described as "well liked,
social and interactive with her peers, academically
promising and intellectually at or superior to grade level"
has been told by a New Hampshire court official to attend a
government school because she was too "vigorous" in defense
of her Christian faith. . . . The decision from Marital
Master Michael Garner reasoned that the girl's "vigorous
defense of her religious beliefs to [her] counselor suggests
strongly that she has not had the opportunity to seriously
consider any other point of view." . . . The recommendation
was approved by Judge Lucinda V. Sadler, but it is being
challenged by attorneys with the
Alliance Defense Fund,
who said it was "a step too far" for any court. . . . The
ADF confirmed today it has filed motions with the court
seeking reconsideration of the order and a stay of the
decision sending the 10-year-old student in government-run
schools in Meredith, N.H.
FLORIDA
In Fla. Adoption Case,
State Argues Gays Prone to Mental Illness, Breakups
Jordana Mishory, Daily Business Review
8-27-09 --
Frank Martin Gill took in two young boys on a temporary
basis five years ago. Now, the North Miami, Fla., foster
father said he would be "absolutely devastated" if the state
removed his two foster children. . . . "Children need
permanency, and I feel strongly they need permanency with
our family," Gill told a horde of reporters, lawyers and
spectators Wednesday after his attorneys challenged the
constitutionality of a 1977 state law banning adoptions by
gay parents at a hearing before the 3rd District Court of
Appeal. . . . Gill, who is openly gay, attended the hourlong
appellate argument about the future of his foster sons. He
applied to adopt them in 2006. Miami-Dade Judge Cindy
Lederman
ruled for Gill last
November when
she found the law irrational. Whoever loses the appeal
before the 3rd DCA is expected to appeal to the Florida
Supreme Court.
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OKLAHOMA
Law Requiring Ultrasounds
for Abortions Is Struck Down
Oklahoma Judge Says Measure
Violates State Constitution
By Kari Lydersen, Washington Post Staff Writer
8-19-09 --
An Oklahoma judge decided Tuesday that doctors do not need
to perform ultrasounds and offer women detailed information
about the tests before performing abortions, striking down
the strictest such law in the country. . . . Oklahoma County
District Judge Vicki L. Robertson ruled that the 2008 law,
which included other abortion-related provisions, violated a
state constitutional provision that requires laws to address
only one subject. . . . Thirteen states regulate the
provision of ultrasounds by abortion providers, according to
the Guttmacher Institute, a reproductive-health think tank.
The provisions have been pushed by abortion opponents as a
means of deterring women from having the procedures.
DISTRICT OF COLUMBIA
Lawyers for D.C. special-needs kids
bringing city back to court
By: Bill Myers, Washington Examiner Staff Writer
8-12-09 --Lawyers
for thousands of special-needs children in the District of
Columbia are taking the city back to court, alleging the
Fenty administration is routinely violating their federal
rights to a quality education. . . . In a letter to D.C.
Attorney General Peter Nickles, the lawyers say they're
going to ask U.S. Judge Paul Friedman to sanction the city
for routinely violating federal deadlines on testing,
treating and caring for children in the $300 million special
education system. . . . Mayor Adrian Fenty has said publicly
that he would risk "everything" to fix the city's $1 billion
school system. He has laid his bet on schools Chancellor
Michelle Rhee and her pledge to bring accountability to the
schools.
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MARYLAND
Judge says he intends to approve foster care agreement
But will wait to weigh effect
of Supreme Court case
By Julie Bykowicz | baltsun.com
8-6-09 --
A federal judge said Wednesday that he intends to approve a
carefully constructed settlement agreement in L.J. v.
Massinga, a decades-old case over the treatment of Baltimore
foster children, but he delayed his decision to consider the
state's new argument that the long-standing court oversight
should end altogether. . . . U.S. District Judge J.
Frederick Motz called the exit strategy, crafted over eight
months by Department of Human Resources officials, state
attorneys and lawyers representing the city's more than
5,000 foster children, "not only fair but commendable." . .
. Under the agreement, to come out of federal oversight, the
state would have to document improvements to the city's
child welfare system for 18 months, something the children's
attorneys say provides a vital check on a long-dysfunctional
department. . . . But a U.S. Supreme Court opinion issued
June 25 indicates that a federal court might not have
jurisdiction to approve the new exit strategy - or enforce
the 1988 consent decree, according to lawyers for the
Maryland Attorney General's Office.
MARYLAND
Judge says he intends to approve foster care agreement
But will wait to weigh effect
of Supreme Court case
By Julie Bykowicz | baltsun.com
August 6, 2009
8-6-09 --
A federal judge said Wednesday that he intends to approve a
carefully constructed settlement agreement in L.J. v.
Massinga, a decades-old case over the treatment of Baltimore
foster children, but he delayed his decision to consider the
state's new argument that the long-standing court oversight
should end altogether. . . . U.S. District Judge J.
Frederick Motz called the exit strategy, crafted over eight
months by Department of Human Resources officials, state
attorneys and lawyers representing the city's more than
5,000 foster children, "not only fair but commendable." . .
. Under the agreement, to come out of federal oversight, the
state would have to document improvements to the city's
child welfare system for 18 months, something the children's
attorneys say provides a vital check on a long-dysfunctional
department. . . . But a U.S. Supreme Court opinion issued
June 25 indicates that a federal court might not have
jurisdiction to approve the new exit strategy - or enforce
the 1988 consent decree, according to lawyers for the
Maryland Attorney General's Office.
FEDERAL COURTS
3rd Circuit Upholds 10-Year Internet Ban in Child Porn Case
Shannon P. Duffy, The Legal Intelligencer
8-4-09 --
A man who was indicted as the leader of a child pornography
ring in Delaware has lost an appeal that challenged both his
20-year prison term and a ban on using the Internet for
another decade after he is released. . . . Paul Thielemann,
26, pleaded guilty to one count of receiving child
pornography and claimed in the appeal that his punishment
was premised on conduct for which he was never formally
charged -- encouraging others to commit acts of child
molestation. . . . The appellate panel flatly rejected
Thielemann's challenge to the length of his prison term,
concluding that it was within the range suggested by the
sentencing guidelines and not out of line with the sentences
imposed on other leading members of the ring. . . . But the
decision in United States v. Thielemann is legally
significant because it helps define a still emerging area of
the law that trial judges have found perplexing: how far
judges can go in crafting the "conditions of release" that
restrict a criminal defendant's behavior in the period just
after a prison term.
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July 2009
NEW
YORK
NY Lawyer Shirked Obligations to 11-Year-Old Client
By Joel Stashenko | New York Law Journal | New York Lawyer
7-31-09 --
A state appeals court yesterday ordered that an attorney be
removed as assigned appellate counsel to an 11-year-old in a
paternity and visitation case because of the lawyer's
unfamiliarity with the youth's wishes. . . . Contrary to
state law, court administrative rules and legal canons
pertaining to attorneys for the child, J. Mark McQuerrey
professed he did not know his client's position in the
Broome County Family Court case when it was argued on appeal
in April before the Appellate Division, Third Department, in
Albany, a panel ruled yesterday in Matter of Mark T. v.
Joyanna U., 504630. . . . The child "was, at the least,
entitled to consult with and be counseled by his assigned
attorney, to have the appellate process explained, to have
his questions answered, to have the opportunity to
articulate a position which, with the passage of time, may
have changed, and to explore whether to seek an extension of
time within which to bring his own appeal of Family Court's
order," Justice Bernard J. Malone Jr. wrote for the 5-0
panel. "Likewise the child was entitled to be appraised of
the progress of the proceedings throughout. It appears that
none of these services was provided to the child."
NEW
JERSEY
Justices clarify requirements for juveniles' representation
Mary Fuchs, Star-Ledger Staff
7-30-09 --
The state Supreme Court ruled yesterday that those charged
as juveniles must have an attorney present at "every
critical stage" of their criminal proceedings -- including
when they are asked to waive their Miranda rights. . . . The
5-2 ruling clarifies when a minor is required by law to have
a lawyer present to protect their interests. . . . "Under
the Juvenile Justice Code, a juvenile is entitled to have
counsel at every critical stage of the proceeding, which in
the opinion of the court may result in the institutional
commitment of the juvenile," Justice John Wallace Jr. wrote
for the court. . . . Laura Cohen, a clinical law professor
at Rutgers School of Law-Newark, said some counties with
smaller public defender offices and juvenile courts
frequently allowed juveniles to appear for their first
hearing without a lawyer present.
SOUTH
CAROLINA
S.C. case looks on child obesity as child abuse. But is it?
By Ron Barnett, USA TODAY
7-23-09 --
Jerri Gray was doing all she could to help her son lose
weight, her attorney says. But something had gone terribly
wrong for the boy to hit the 555-pound mark by age 14. . . .
Authorities in South Carolina say that what went wrong was
Gray's care and feeding of her son, Alexander Draper. Gray,
49, of Travelers Rest, S.C., was arrested in June and
charged with criminal neglect. Alexander is now in foster
care. . . . The case has attracted national attention. With
childhood obesity on the rise across the USA, according to
the
Centers for Disease Control and Prevention,
Gray's attorney says it could open the door to more criminal
action against parents whose children have become
dangerously overweight. . . . "If she's found guilty on
those criminal charges, you have set a precedent that opens
Pandora's box," Grant Varner says. "Where do you go next?" .
. . State courts in Texas,
Pennsylvania, New York, New Mexico, Indiana
and California have grappled with the question in recent
years, according to a 2008 report published by the Child
Welfare League of America.
June 2009
ARIZONA
Police: Child Porn Linked To Attorney
Flash Drive Found In Busy
Parking Lot
Omadelle Nelson, Reporter, KPHO.com
6-27-09 --
A Valley attorney was booked on suspicion of having child
pornography on his computer. . . . David William Curtis Jr.,
63, faces 10 counts of sexual exploitation of a minor, the
maximum amount of charges a person can face for crime, said
a Tempe police spokesman. . . . Police said an employee of
Tempe Marketplace found a computer flash drive in a parking
lot south of Harkins Theater at Tempe Marketplace. . . .
Police said after the employee found the device, he took it
home and put it in his computer and found several files with
"images that depict the sexual exploitation of a minor." . .
. “I’m Mr. Curtis,” replied Curtis Jr.'s father when he
answered to the door to their Phoenix home. “I have nothing
to say to you. Goodbye.”
ARIZONA
The People Speak: Dismiss judge in child rape case
from bench
Sharon Tidwell, Council Hill / published in Muskogee Daily
Phoenix
6-27-09 --
I couldn’t disagree more with the opinion stated in the June
21 article of “Editorially speaking” regarding the Pittsburg
County child rape case. The punishment Judge Bartheld
imposed on David Earls is shameful. It is high time that
people (yes, even judges) are held accountable for their
actions. . . . Regardless of who initiates the action of
removing Bartheld, public opinion is clear and stands firmly
on the side of right. I applaud the resolution Reps. Mike
Ritze and Mike Reynolds have submitted. These gentlemen are
elected officials who are speaking for and acting on my
behalf. Since I don’t have the resources to voice my
concerns to the Council on Judicial Complaints, I am
thankful they are making an effort to correct what is wrong
with our society and judicial system. . . . Why not let of
the people, for the people, and by the people work for a
change?
TEXAS
Sweet Victory:
Texas Governor Vetos “Take Away Your Child Act”
By Sarah Foster, © 2009 NewsWithViews.com
6-24-09 --
In a move that has parents and children’s rights advocates
cheering, Texas Gov. Rick Perry on Friday vetoed
Senate Bill 1440, a contentious measure designed
to make it easier for the state
Department of Family and Protective Services (DFPS)
to remove children forcibly from their homes for
interrogation and examination during investigations of
alleged child abuse or neglect. . . . In his
veto statement the governor said the bill
“overreaches and may not give due consideration to the
Fourth Amendment rights of a parent or guardian.” . . . The
governor’s action was the result of an intense veto campaign
spearheaded by the
Parent Guidance Center, an Austin-based
grassroots organization that helps low- and middle-income
families caught in the snares of the state’s child welfare
and protection systems. . . . Launched by PGC co-founders
Johana Scot and her sister Judy Powell as soon as the bill
was passed on May 30, the three-week campaign mobilized an
opposition that cut across political lines, generating
17,373 letters and phone calls to the governor’s office from
concerned Texans and their sympathizers across the country,
according to spokeswoman Allison Castle.
UNITED STATES SUPREME COURT
Supreme Court Sides With Student's Family in Special Ed
Funding Case
Zach Lowe, The American Lawyer
6-23-09 --
Experts are already debating the impact of Monday's U.S.
Supreme Court ruling in a case pitting the family of a
special needs high school student (and his legal team at
Bingham McCutchen) against the school district
that had been ordered to pay the student's hefty private
school tuition (and the district's lawyers at
Sidley Austin). . . . Educators and public school
officials everywhere were watching the case, and they had
claimed that millions -- maybe hundreds of millions -- of
public money was at stake. If that's so, public officials
might be cringing today, because the Court sided, 6-3, with
the student's family and Bingham. . . . The ruling upholds a
decision from the 9th U.S. Circuit Court of Appeals
mandating that the school district pay $65,000 for the boy's
private school tuition.
MICHIGAN
Michigan Class Action Settlement on Autism Treatment Hailed
as Landmark Case
Tresa Baldas, The National Law Journal
6-23-09 --
In what plaintiffs lawyers are calling a landmark autism
case, a Michigan insurance company has
agreed to reimburse at least 100 families for costs
involving treatments for their autistic children. . . . The
$1 million class action settlement from Blue Cross Blue
Shield of Michigan comes amid a legislative wave in which a
growing number of a states are passing laws that require
insurance companies to pay for autism treatments and
screenings. To date, 13 states have such laws, the most
recent being Connecticut,
Colorado and Nevada.
New Jersey is currently considering an autism bill,
and Pennsylvania's law goes into effect July 1. . . . The June 17 Michigan settlement,
meanwhile, has autism advocates hopeful that insurance
companies will stop claiming that behavioral therapy for
autistic children is experimental, and start paying for it.
OKLAHOMA
Our Opinion: Despicable human being
Judge's short sentence for
child rapist causes furor
Times Record News Editorial
6-21-09 --
David Harold Earls is a sick
individual. . . . That much is indisputable fact. . . .
He’ll even tell you so, in so many words. . . . Instead of
pleading innocent to rape, charges that lacked substantial
testimony and forensic evidence, Earls pleaded no contest.
By giving up the fight, he painted himself as a menace. . .
. The 64-year-old McAlester, Okla., man pleaded no contest
in May to first-degree rape and forcible sodomy of a
4-year-old, a no-doubt traumatized little girl, now 5, who
at one point became so upset on the witness stand that she
fled the room and ran down the hallway, away from this harsh
reality. . . . Can you blame her? . . . But because her
testimony, as described by prosecutors, included
“contradictory statements” during pretrial hearings, a plea
bargain was made. Prosecutors thought Earls could get five
years to life for such a despicable act against a child. . .
. He faced decades behind bars, but in an outrageous turn of
events, Earls struck a deal that whittled down his 20-year
sentence to simply one year in prison. . . . Charges that he
raped the little girl’s older brother, 5 years old at the
time, were dropped because the youngster changed his story
and said he couldn’t recall the incident. . . . Forensic
evidence, according to several wire reports, revealed the
girl had been assaulted, but none pointed to Earls’
involvement. . . . One year in jail — all because a little
girl was too scared to talk about what had happened to her.
. . . Again, can you blame her?
OKLAHOMA
Daughter Says Oklahoma Rapist Deserves Life Sentence
By Jennifer Loren, The News On 6
6-20-09 --
The daughter of a convicted
rapist speaks out, saying he deserves more than one year
behind bars. She says her father deserves a life sentence.
David Earls' rape conviction made national headlines this
month after a Pittsburg County judge sentenced him to only
one year in prison. . . . His own daughter says Earls is a
monster and needs to be put away forever. . . . David Harold
Earls is a convicted rapist. Earlier this month, he pleaded
no contest to charges he raped and sodomized a 5-year-old
girl. Pittsburg County District Judge Thomas Bartheld
accepted a plea deal of 20 years in prison, 19 of them
suspended, meaning Earls will only spend one year in prison.
. . . The story infuriated cable news audiences across the
country and led some state legislators to call for the judge
to be kicked off the bench. . . . "In Oklahoma, when
somebody commits this crime on a 5 or 6 year old and only
give them a year, it really needs to be looked into. What
are we doing in our court system?" said Representative Mike
Ritze of Broken Arrow. . . . Now, Earls own daughter,
Denise, is calling for action. . . . "My father is a monster
and he needs to stay, he needs to stay in prison," said
Denise Earls. . . . Denise Earls says when she was young
Earls raped her. She hoped he was finally going to get the
punishment he deserved.
GEORGIA
Court throws out ban on exposing children to gays
By Bill Rankin, The Atlanta
Journal-Constitution
6-15-09 --
The Georgia Supreme Court on Monday threw out a judge’s
order that prohibited children in a divorce case from having
any contact with their father’s gay and lesbian friends. . .
. The ruling was hailed by gay rights groups who said the
decision focuses on the needs of children instead of
perpetuating a stigma on the basis of sexual orientation. .
. . The state high court’s decision overturned Fayette
County Superior Court Judge Christopher Edwards’ blanket
prohibition against exposing the children to their father’s
gay partners and friends. . . . “Such an arbitrary
classification based on sexual orientation flies in the face
of our public policy that encourages divorced parents to
participate in the raising of their children,” Justice
Robert Benham wrote. /
Decision in Mongerson v. Mongerson
CALIFORNIA
As L.A. County spun its wheels, children died
Innocents Betrayed
By Garrett Therolf, Los
Angeles Times
6-14-09 --
Sarah Chavez was returned to the home of her great-aunt and
great-uncle in Alhambra despite having shown signs of abuse.
She later died, primarily from a severed lower intestine,
caused by a blow to her abdomen, the coroner found. She had
just turned 2. The uncle was later convicted of involuntary
manslaughter and child abuse. The aunt pleaded no contest to
being an accessory. . . . Agencies have long failed to share
information that could save lives. Repeatedly, ghastly cases
shock officials, who call for action, which eventually
fizzles. An effective database remains elusive. . . . By the
time he was rescued last year, the 5-year-old South Los
Angeles boy was so malnourished his kidneys were failing.
His hands were so badly burned he could barely open them. .
. . Child welfare officials traced his history, trying to
make sense of what had happened. According to documents
obtained by The Times, they learned that eight separate
agencies in Los Angeles County had pieces of information on
the household: . . . One had evidence that the mother and
her girlfriend were abused and neglected as children. Others
knew both had committed violent crimes. Still others were
aware that both women had been ordered into mental health
treatment and that the sickly boy had missed appointments
with county doctors. . . . Over the years, these agencies
had come into contact with the boy or his caregivers 108
times -- yet no one had pieced together how much danger the
child was in. Indeed, county social workers had closed a
2005 child abuse investigation because the evidence was
"inconclusive." They might never have stepped in but for a
concerned stranger who delivered the child into their hands.
WISCONSIN
Child-care providers with criminal past getting licenses,
state funds
Cashing in on Kids | A
Journal Sentinel Watchdog Report
By Raquel Rutledge of the
Journal Sentinel
|

The Journal Sentinel spent
four months investigating the $340 million
taxpayer-financed child-care system known as
Wisconsin Shares and uncovered a trail of phony
companies, fake reports and shoddy oversight.
Read the series and ongoing coverage |
6-13-09 --
A couple of days before Thanksgiving in 1996, Lisa Johnson
took her 12-year-old foster daughter to the basement, pulled
out an extension cord and whipped her with it, repeatedly. .
. . Johnson turned on some music and cranked up the volume
to drown out the girl's cries. Still, other foster children
in the house later told Milwaukee police that they could
hear the girl beg for mercy. . . . "I swear to God, Mama, I
will be good," the children reported hearing. . . . Good -
meaning she would never chew gum in school again. . . .
Johnson, now 42, was charged with felony child abuse and in
1997 pleaded guilty to battery and domestic abuse. Her
foster license was revoked. . . . Yet three years later, she
opened a certified day care center in Milwaukee County
called Planting Seeds. . . . And as of April 2009, she had
taken in more than $430,000 from the taxpayer-supported
Wisconsin Shares child-care program, while running a center
with numerous violations and recurring problems. . . .
Johnson's story isn't that unusual. The Journal Sentinel
found that child abusers and people who have committed other
serious crimes are becoming licensed child-care providers
and are earning hundreds of thousands of dollars through the
Wisconsin Shares system. Nearly 500 child-care providers in
Wisconsin with criminal records have received funding from
the state in the first half of 2009 alone, according to a
computer analysis by the Journal Sentinel. . . . The $350
million-a-year program subsidizes child-care costs for
roughly 35,000 low-income working families. But the system
has been easily scammed by parents and providers. . . . In
addition to posing a potential safety risk to the state's
neediest children, some criminals appear to be conning the
child-care system, doctoring attendance records, the Journal
Sentinel found.
MASSACHUSETTS
Kids attend prom from 'sexual hell'
You won't believe how
children as young as 12 years old partied
By Chelsea Schilling, © 2009 WorldNetDaily
Note: This story contains
material that readers might consider graphic and offensive.
6-12-09 --
Family advocates are outraged by a prom held at Boston City
Hall that was open to children apparently as young as 12
featuring crossdressers, homosexual heavy petting, suspected
drug use and a leather-clad doorman who teaches sexual
bondage classes. . . . Children from middle schools and high
schools across Massachusetts on May 9 attended a Youth Pride
Day event ending with a prom inside of Boston City Hall
sponsored by the
Boston Alliance of Gay, Lesbian, Bisexual, Transgender
Youth, or BAGLY, a group seated on the Massachusetts
Commission for GLBT Youth. . . .
Boston Mayor Thomas Menino issued a proclamation
welcoming homosexual and transgender youth to the
celebration. A man in drag introduced a homosexual activist
from Menino's office to read the letter. A video of that
proclamation is below. . . .
MassResistance, an organization that describes
itself as a pro-family action center, sent a 20-year-old
college student named Max to the prom to take pictures and
learn more about what Massachusetts children were doing
there. . . . Brian Camenker of MassResistance said Max was
astonished by the number of children who appeared to be
between 12 and 14 years old. . . . "They look pretty darn
young," Camenker told WND. "He said there were a lot of
middle school kids there. It really bothered him." . . . The
day's events began with a transgender Elvis and a parade.
Attendees were given condoms and pro-homosexual material
such as a bookmark for kids on how to get involved with
several homosexual groups and "Transgender Rights Now"
stickers. Then many children attended the prom that evening
at City Hall.
NEW
JERSEY
N.J. justices uphold law in child sex abuse cases
Emotional effects key to
timing of lawsuits
By Mary Fuchs, Statehouse Bureau
6-12-09 --
The state's highest court yesterday upheld a statute of
limitations law that determines when victims of childhood
sexual abuse can bring charges against their alleged
abusers. . . . Advocates for sex abuse victims lauded the
decision, saying the state Supreme Court was lending its
authority to a law they say was loosely interpreted by lower
court judges. . . . "It's a game-changer," said Stephen
Rubino, a Margate lawyer who has represented victims in
clergy sex scandals. . . . The Child Sexual Abuse Act,
enacted in 1992, gives victims two years to sue the accused
offender once they have realized the emotional and
psychological effects of the abuse. But Rubino said courts
often misinterpreted the law and threw out valid cases of
sexual abuse. . . . "Trial courts routinely misunderstood
the law. The test for most courts was, 'Do you remember the
abuse,'" said Rubino. Remembering the abuse is not enough to
show a victim completely understands the extent of the
injuries caused by it, Rubino said.
GEORGIA
Ga. Lawyers Pursue Family Values Vision With Abortion Case
State parental notification
law at issue in case of minor who had abortion
Andy Peters, Fulton County Daily Report
6-8-09 --
Attorneys S. Fenn Little Jr. and Jonathan D. Crumly earn
most of their money from construction law and criminal
defense cases. But their passion is pressing litigation to
protect religious freedom and their view of family values. .
. . The two are pursuing litigation against an Atlanta-area
abortion clinic that has gained nationwide attention among
groups opposed to legal abortion. The attorneys also have
been promised funding help from a conservative legal action
organization. The case allows the courts an opportunity to
clarify how diligent health care providers must be in
complying with a state law that requires parental
notification -- but not permission -- when a minor requests
an abortion.
FEDERAL COURTS
3rd Circuit: Parent Can't Read Bible to Son's Public School
Class
Shannon P. Duffy, The Legal Intelligencer
6-2-09 --
In the court battles over prayer in school, the cutting-edge
cases are increasingly coming from the kindergarten
classrooms. . . . The latest such case,
Busch v. Marple Newtown School District,
attracted six friend-of-the-court briefs when it went before
the 3rd U.S. Circuit Court of Appeals and resulted in a
48-page decision with all three judges on the panel weighing
in. . . . Voting 2-1, the court rejected the claims of the
mother of a kindergarten student who said public school
officials violated her First Amendment rights when they
prohibited her from reading verses from the Bible -- which
she said was her son Wesley's favorite book -- during a
program called "All About Me" week. . . . Writing for the
court, 3rd Circuit Chief Judge Anthony J. Scirica said
"parents of public school kindergarten students may
reasonably expect their children will not become captive
audiences to an adult's reading of religious texts."
May 2009
NEW
MEXICO
Former Santa Fe judge jailed over child support
Associated Press NewsWest9.com
5-9-09 --
Former Santa Fe Municipal Judge Tom Fiorina is in jail for
not paying child support of $13,500. . . . State District
Judge Stephen Pfeffer ordered the 70-year-old Fiorina to be
jailed for up to three months. No bail is set on the civil
contempt order. . . . Fiorina was not available for comment.
. . . As Santa Fe's municipal judge for 13 years, Fiorina
was known for dismissing parking tickets for those who
donated turkeys and other foods for distribution to the
needy at Thanksgiving.
NEW
YORK
Kaye Scholer Partner Says She Was Wrong to Leave Kids on
Curb
Jim Fitzgerald, The Associated Press, Law.com
5-8-09 --
The New York suburban mother who ordered her bickering
daughters out of her car and drove off without them said
Thursday that she made a mistake. A charge against her is
likely to be dismissed. . . . Madlyn Primoff, 45,
a partner in Manhattan law firm Kaye Scholer, had
touched off a national debate, with many people calling her
irresponsible but admitting they've been tempted to do the
same. . . . She discussed her actions for the first time
after a judge said he would dismiss
the child-endangerment charge against her in six
months if she stayed out of trouble. . . . "Clearly, I made
a mistake," Primoff said outside court, her husband Richard
standing beside her. "But I truly love our children and I
know that I am a good parent."
PENNSYLVANIA
PA Child Care's Lawyers Say Payoffs to Former Judges Were
for Case Fixing
Leo Strupczewski and Hank Grezlak, The Legal Intelligencer
5-5-09 --
In a potentially explosive document filed Monday, the
attorneys for
PA Child Care and
Western PA Child Care claim that money paid to
two former Luzerne County, Pa., judges was not a "kids for
cash" arrangement, but was part of a corrupt courthouse
system that included fixing civil cases. . . . The
attorneys, who also represent Gregory Zappala and the
juvenile detention facilities, allege that
former Luzerne County President Judges Mark A. Ciavarella
Jr. and Michael T. Conahan Jr. were paid more than
$2.6 million for "favorable panels or results in automobile
arbitration cases or other civil cases, and not for
adjudication and commitment of the delinquents." . . . The
child-care provider defendants in the case deny all
knowledge of any alleged kickback scheme. . . . They claimed
the "information relevant to this belief … is in the control
of" the U.S. attorney for the Middle District of
Pennsylvania. They also claimed that they could not conduct
thorough discovery while the investigation is ongoing and
that "if the outcome of the investigations is as provider
defendants expects, all discovery will be unnecessary." . .
. The allegations represent a clear departure from those
made by federal authorities in criminal cases. . . . PA
Child Care and Western PA Child Care, though, claim their
allegations can be backed by Luzerne County Common Pleas
Court judges and attorneys who have received target letters
from federal investigators. . . . The attorneys for the
juvenile detention centers, Bernard M. Schneider of
Brucker Schneider & Porter in Pittsburgh and
Jonathan Vipond III of
Buchanan Ingersoll & Rooney in Harrisburg, Pa., did not provide the names
of attorneys under investigation or specific judges. . . .
The new allegations are found in a 32-page case management
plan filed by plaintiffs in a series of civil cases against
Ciavarella, Conahan, former PA Child Care co-owner Robert
Powell, builder Robert K. Mericle, Zappala and several
others. . . . Schneider did not return a reporter's phone
call. Conahan's attorney,
Philip Gelso, said he had no comment. Ciavarella,
who is representing himself in the civil case, did not
return a reporter's phone call. . . . When asked about the
assertions, Martin C. Carlson, the acting U.S. attorney for
the Middle District of Pennsylvania, said, "I wouldn't
comment on speculative claims in civil litigation." . . .
Marsha Levick of the
Juvenile Law Center, which represents some of the
plaintiffs, called the defense "ludicrous." . . . "I was
surprised they put that in a public document," Levick said.
"I wonder what the
U.S. attorney will do with that." . . . She said that none of the assertions
in the case management document, including that the payments
were allegedly for fixing arbitration cases, "diminish our
claims in any way."
Child Protective Services & the Business of 'Legalized
Kidnapping'
by adeeba folami, www.opednews.com
5-1-09 --
The suffering endured by Africans who were kidnapped from
their native land and brought to America as slaves is
sometimes referred to as the Black holocaust, which some say
ended years ago but, that is not the case according to
parents who have had their children taken from them by the
Denver Department of Human Service (DDHS) or the Adams
County Social Service Department (ACSSD). Jo Nash-Conner’s
son Quentin, 10, currently resides at Mount St. Vincents
Children’s Home (MSVCH), a facility which proclaims to
provide programs and services to “help children with a wide
range of emotional and behavioral problems.” . . .
Nash-Conner, however, has not found the center to be helpful
and instead has been disallowed from visiting her son and
has not seen him since February. The mother’s horror story
began just over a year ago and is outlined in a typed
statement entitled “A Declaration and A Desperate Mother’s
Cry for Justice.” . . . “My 10-year-old son was kidnapped by
the Child Protective Services (CPS) Department of DDHS on March 20,
2008,” she said. “My then 9-year-old son had walked away
from our home on March 19, 2008 and was returned that
evening by the Denver Police. I was informed that we would
need to report to CPS for questioning the next day.” . . . So began the long journey which
saw Quentin placed into two foster homes, the mental ward of
Denver Health Medical Center (DHMC), back to a foster home,
then to the Tennyson Home for Children (THC),
the Ft. Logan Mental Hospital (FLMH), MSVCH, Children’s
Hospital, back to Ft. Logan and then once again to MSVCH,
where he is now. “All of this happened or is happening
without my consent,” reads Nash-Conner’s statement. In an
interview from her home, she explained she was originally
charged with child abuse based on a CPS worker’s claim that marks were found on Quentin’s back and also that
police said the boy accused his mother of hitting him. . . .
Take action -- click here to contact your local newspaper or
congress people:
Support Reform of Child Protective Services and Child
Welfare Agencies
Click here to see the most recent messages sent to
congressional reps and local newspapers
|

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Lary Holland, Get
Your Justice Live
Get Your Justice Live
is an interactive internet talk radio show that
focuses on reforming our government, with an often
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. . .
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Together our voices do count. Be sure to join in
during our live broadcasts and become a part of real
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participate fully in the governmental decisions that
affect our children, our privacy, and our lives. . .
. I know together we can make a difference for our
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being a good citizen. Being a good Citizen starts
with engaging in the discussion of government
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That is what we are doing, engaging in the
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April 2009
ALABAMA
Judge criticizes zero-tolerance bully policies
By Megan Matteucci, The Atlanta Journal-Constitution
4-21-09 --
Students used to handle bullies on their own: with a good
beatdown on the playground. . . . Now bullies and their
victims are both punished for fighting. . . . Most schools
across the metro area — and across the nation — have a
“zero-tolerance” policy against fights, which means both the
bully and the victim are disciplined, said Steven Teske,
president of the Council of Juvenile Court Judges of
Georgia. . . . “Zero tolerance is zero intelligence,” said
Teske, a juvenile court judge in
Clayton County. “It’s merely a political
response, a knee-jerk reaction and often not put much
thought is put into it.” . . . Last week, 11-year-old Jaheem
Herrera committed suicide after relentless bullying at
Dunaire Elementary School in
DeKalb County, his family said.
MASSACHUSETTS
Amid layoffs, child support pacts fraying
Stressed-out parents ask
family court for help, relief
By Joseph P. Kahn, Globe Staff
4-13-09 --
A Massachusetts family court system that is strained during
the best of times and taxed with implementing new
child-support guidelines faces another challenge: divorced
parents seeking relief from - or enforcement of - support
arrangements as their financial and employment situations
deteriorate. . . . Although the probate court system, which
has jurisdiction over child-support cases, does not keep
statistics on modification petitions, judges and lawyers
within the system say such filings have increased noticeably
in recent months as the ranks of the unemployed and
underemployed have swollen. Layoffs, cutbacks, and battered
investment portfolios have affected custodial and
noncustodial parents on all ends of the socioeconomic
spectrum, along with tens of thousands of Massachusetts
children. . . . Nationally, the picture is just as grim,
according to a survey released last month by the American
Academy of Matrimonial Lawyers. The 1,600-member group
reports a 39 percent increase in the number of divorced
spouses seeking changes to child-support arrangements in a
tight job market and deepening recession.
NEW
YORK
Same-Sex Partner Who Is Child's Genetic Mother Granted
Adoption
Mark Fass,New York Law Journal
4-13-09 --
A Manhattan surrogate judge has granted an adoption petition
filed on behalf of a woman whose donated egg was fertilized
and then implanted in her same-sex partner. . . . Although
the couple's Dutch marriage is recognized by New York and
the donor's genetic relationship to the 15-month-old boy is
"unquestioned," the donor filed for adoption in order to
safeguard her parental rights under federal law and in the
states that do not recognize the same-sex marriage. . . .
The issue, Surrogate Kristin Booth Glen wrote in
Matter of Sebastian (pdf), 38-08, is whether
adoption is appropriate and permissible when the petitioner
was not only legally married to the child's mother at
conception and birth, but in fact is the child's genetic
mother.
GENERAL
Associates provide pro bono help to untangle family
kidnapping cases
Tasha Norman / Staff reporter
4-10-09 --
Three years ago, Sullivan & Worcester partner Barry Pollack
launched the S&W International ChildFind Program, which
provides pro bono legal assistance to parents of limited
financial means whose children have been kidnapped by family
members and taken overseas. The program also represents
parents who feel compelled to take their children out of
dangerous situations. . . . According to seventh-year
associate Kevin M. Colmey and fourth-year associate Lindsay
Barna, who both work on ChildFind cases, the program
provides a unique training experience for associates who
want to get involved in the cause and obtain courtroom
experience. Colmey, a 2002 graduate of Syracuse University
College of Law, is a member of the litigation department in
the Boston office. Barna, a 2005 graduate of American
University Washington College of Law, is a member of the
environmental and natural resources department in the
Washington office.
NEW
HAMPSHIRE
Chief judge launches internal review
Panel will investigate
release of child rapists
By Annmarie Timmins Monitor staff
4-10-09 --
The chief justice of the state's superior courts has
launched an investigation into why the Hillsborough County
Superior Court missed deadlines that set free two child
rapists deemed sexually violent predators. . . . The release
of Raymond Fournier, 40, and Richard Hilton Jr., 49, on
technicalities has outraged the public and prompted the
state Senate on Wednesday to tighten the new state law
governing violent sexual offenders. Fournier has settled in
Mont Vernon with relatives; Hilton has moved to Manchester.
. . . Wayne Sawyer, 45, a third sex offender also considered
dangerous and likely to re-offend, could be released soon on
the same technicality. At issue is a 10-day window in which
the judges had to find probable cause to hold the men for
further proceedings. The judge missed the deadline in each
case by several days, according to court records.
FLORIDA
Parents of hurt child say embattled attorney Clark Cone
mishandled lawsuit
By Jane Musgrave, Palm Beach Post Staff Writer
4-8-09 --
The fallout from the downfall of a once respected West Palm
Beach attorney continues. . . . A
West Palm Beach couple that claims their son suffered hearing loss and possible
neurological damage when he was misdiagnosed at St. Mary's
and Palm Beach Gardens
medical centers discovered their lawsuit was dismissed
because their attorney A. Clark Cone mishandled the case. .
. . At a hearing today, attorney David Kelley tried to
persuade Palm Beach County Circuit Judge David French to let
him salvage the lawsuit. . . . "It's a very sad story, and
an unfortunate one," Kelley said. . . . Cone, whose ability
to practice law was suspended by the Florida Supreme Court
last month for using at least $600,000 meant for injured
clients as his own, gave Shawn and Samantha Bennett no clue
that he wasn't pursuing their lawsuit against the hospitals.
When Cone didn't return their phone calls, they looked up
the court records and discovered the suit had been
dismissed, Kelley said. . . . Kelley said he has heard from
at least one of Cone's other clients who is in a similar
situation.
NEW
JERSEY
Top court blasts DYFS in custody case
The agency is criticized for
placing two children without a hearing
By Mary Fuchs, Statehouse Bureau
4-8-09 --
The state Supreme Court yesterday criticized the state
Division of Youth and Family Services for ending an
investigation of a woman who had "abused and neglected" her
two children, saying a full hearing process is needed before
determining where children should live. . . . In a unanimous
decision, the justices said DYFS and the trial judge should
have decided in court where the children could live, free
from harm, instead of awarding custody to the woman's
ex-husband. . . . "Rather than relying on the wishes of the
children, the division should have focused on whether the
children could be safely returned to the custody of the
mother," Justice John Wallace Jr. wrote. . . . Public
defender Yvonne Smith Segars said the precedent-setting
decision establishes rules all Family Court judges must now
follow.
Sole custody harms kids: Report
Children "robbed of love" in
divorce cases
Susan Pigg, Torstar News Service
4-3-09 --
Family court judges are misguidedly harming children by
granting sole custody to one parent – usually the mother –
in bitter divorce battles, says a comprehensive new report.
. . . Too many children are being "robbed of the love of one
parent" by a legal system that is out of touch with the
needs of children and treats them like property to be won or
lost, says Edward Kruk, an expert on child custody issues. .
. . "The system is set up to polarize parents, to make them
enemies, to set up fights over custody and exacerbate
conflict rather than reduce it," says Kruk, an associate
professor of social work at the University of British
Columbia, whose three-year study is now in the hands of
Canada's justice minister. . . . He calls what's happening
in Canada's divorce courts "a national shame" that leaves
families bankrupt from legal fees and pushing parents,
especially fathers, to suicide. . . . Especially devastating
are the long-term effects of court orders that essentially
cut one parent out of children's lives – usually the dad –
in a misguided effort to foster peace between warring
parents, the report says.
FEDERAL COURTS
3rd Circuit: Kids Hurt by Vaccines Can't Pursue Design
Defect Claims
Ruling could prompt U.S.
Supreme Court to take up significant pre-emption case
involving drug product liability
Shannon P. Duffy, The Legal Intelligencer
4-2-09 --
Pre-emption is the buzz word at the U.S. Supreme Court this
year, and the 3rd U.S. Circuit Court of Appeals may just
have done its part to pump up the volume of that buzz. . . .
In a ruling that could prompt the justices to take up yet
another significant pre-emption case in the area of drug
products liability, the 3rd Circuit ruled that children
allegedly injured by vaccines are barred from pursuing any
design defect claims because Congress expressly prohibited
such suits in an effort to guarantee immunity to
manufacturers. . . . By rejecting the analysis of a recent
ruling from the Georgia Supreme Court, the 3rd Circuit's
Friday ruling in
Bruesewitz v. Wyeth Inc. creates a direct
split between the federal courts and a state's highest court
on the question of how broadly courts should read the
pre-emption clause in the National Childhood Vaccine Injury
Act. . . . In its October 2008 decision in American Home
Products Corp. v. Ferrari, the Georgia justices held that
alleged victims of vaccine side effects have a right to
court review of whether those side effects were truly
"unavoidable."
FEDERAL COURT
Federal Judge Blocks Child Porn Charges Against Teens in 'Sexting'
Case
Michael Rubinkam, The Associated Press, Law.com
4-1-09 --
A federal judge on Monday temporarily blocked a prosecutor
from filing child pornography charges against three
northeastern Pennsylvania teenagers who appeared in racy
photos that turned up on classmates' cell phones. . . . U.S.
District Judge James Munley ruled against Wyoming County
District Attorney George Skumanick Jr., who has threatened
to pursue felony charges against the girls unless they agree
to participate in a five-week after-school program. . . .
One picture showed two of the girls in their bras. The
second photo showed another girl just out of the shower and
topless, with a towel wrapped around her waist.

March 2009
GEORGIA
Jury Awards $2.3 Million for Botched Circumcision
Katheryn Hayes Tucker, Fulton County Daily Report, Law.com
3-31-09 --A
Fulton County, Ga., State Court jury on Friday awarded a
4-year-old boy and his mother $2.3 million in damages from
an injury the boy suffered during a circumcision when he was
an infant. . . . The jury awarded $1.8 million to the boy
and $500,000 to the mother, whose name the Fulton County
Daily Report is not reporting to protect her son's privacy.
. . . The jury did not find the hospital, Tenet South Fulton Medical Center,
negligent. It laid the blame on two doctors, Haiba Sonyika,
the obstetrician who performed the circumcision, and Cheryl
J. Kendall, the pediatrician who treated the child later. .
. . Represented by David J. Llewellyn of Johnson & Ward and
Craig T. Jones of
Edmond Jones Lindsay, the plaintiffs convinced
the jury that Sonyika cut off a portion of the boy's penis
in the circumcision -- a part that could have been
re-attached if the pediatrician, Kendall, had acted quickly
enough to come to the boy's aid. . . . Kendall's attorneys,
Roger E. Harris and Shannon C. Shipley of Owen, Gleaton,
Egan, Jones & Sweeney, are "evaluating appeal options,"
according to Harris. "We believe the verdict against Dr.
Kendall was unjustified and not supported by the evidence
against her," Harris said. "We believe there were errors in
the case."
PENNSYLVANIA
Juvenile Records to Be Expunged in Response to Judicial
Kickback Case
Leo Strupczewski, The Legal Intelligencer
3-30-09 --
The Pennsylvania Supreme Court has granted a senior judge
from Berks County the authority to expunge
the records of a "substantial number" of juveniles who
appeared before former Luzerne County President Judge Mark
A. Ciavarella Jr. between 2003 and 2008. . . . The decision
comes two weeks after Senior Judge Arthur E. Grim
recommended that the justices allow him to expunge the
records of juveniles who had been charged with summary
offenses and certain low-level misdemeanors and who were not
represented by an attorney when they appeared before
Ciavarella. . . . "The basis for my recommendation below
that certain categories of cases should have the consent
decrees and/or adjudications therein vacated and the records
expunged, rather than having new proceedings is this," Grim
wrote. "Had the juveniles in these cases been represented by
competent counsel, had they appeared before an impartial
tribunal, and had their other constitutional rights been
protected, the vast majority of cases would have resulted in
consent decrees, or some lesser sanction. Had these cases
resulted in consent decrees or lesser sanctions, all the
juveniles would be entitled to have their juvenile
delinquency case records expunged by now pursuant to 18
Pa.C.S. § 9123."
A debate swirls over teens' lurid pictures
Should self-portraits draw
harsh penalties?
By Jennifer Golson And Joe Ryan, Star-Ledger Staff
3-29-09 --
In Pennsylvania, authorities are threatening to prosecute
three teenage girls after finding risqué images of them on a
cell phone. . . . In Indiana, a middle-school boy faces
obscenity charges for transmitting naked photos of himself
to female classmates. . . . And last week in Passaic County,
authorities accused a 14-year-old Clifton girl of
distributing child pornography, saying she posted nude
portraits of herself on MySpace. . . . In a growing number
of states, law enforcement agencies are cracking down on
teens who use cell phones and social networking sites to
share lurid photographs. Prosecutors say they are trying to
stamp out a dangerous trend. But their use of stringent
child-pornography and sex-offender laws has ignited a
debate. . . . "Do we really want to tag this 14-year-old
girl as a sex offender for the next 30 years?" asked Bill
Albert, spokesman for the National Campaign to Prevent Teen
and Unplanned Pregnancy. "Communities nationwide are
scratching their heads about what role, if any, law
enforcement should play in these cases."
NEW
JERSEY
Girl Faces Child Porn Charges for Posting Nude Photos of
Herself on MySpace
Beth DeFalco, The Associated
Press, Law.com
3-27-09 --
A 14-year-old New Jersey girl has been accused of child
pornography after posting nearly 30 explicit nude pictures
of herself on MySpace.com -- charges that could force her to
register as a sex offender if convicted. . . . The case
comes as prosecutors nationwide pursue child pornography
cases resulting from kids sending nude photos to one another
over cell phones and e-mail. Legal experts, though, could
not recall another case of a child porn charge resulting
from a teen's posting to a social networking site. . . .
MySpace would not comment on the New Jersey investigation,
but the company has a team that reviews its network for
inappropriate images. The
National Center for Missing and Exploited Children
tipped off a state task force, which alerted the Passaic
County Sheriff's Office. . . . The office investigated and
discovered the Clifton resident had posted the "very
explicit" photos of herself, sheriff's spokesman Bill Maer
said Thursday.
PENNSYLVANIA
Clean Slates for Youths Sentenced Fraudulently
By John Schwartz, New York Times
3-26-09 --
The Supreme Court of
Pennsylvania on Thursday ordered the slate cleaned for
hundreds of youths who had been sentenced by a corrupt
judge. . . . The young people had been sent to privately run
detention centers from 2003 to 2008 as part of a judicial
kickback scheme that shocked Pennsylvania and the nation.
The judge in the cases, Mark A. Ciavarella Jr. of Luzerne
County, is one of two who pleaded guilty last month to wire
fraud and conspiracy for taking more than $2.6 million in
kickbacks. . . . The exact number of records to be expunged
was not stated in
the court’s order; a special master is
investigating the cases. . . . Judge Ciavarella and the
other judge, Michael T. Conahan, admitted that they had
agreed to send teenagers to two privately run youth
detention centers that paid them for the business. Under
their agreements, the judges will serve 87 months in federal
prison and will resign from the bench and from the bar.
ACLU Sues DA Over Threat to Prosecute 'Sexting' Teens
Shannon P. Duffy, The Legal Intelligencer
3-26-09 --
In one of the first civil rights suits to focus on the
growing practice of "sexting," lawyers for the ACLU of
Pennsylvania will be asking a federal judge Thursday to
protect three teenage girls from the threat of criminal
charges for using their cell phones to take and send
semi-nude photographs of themselves. . . . The suit accuses
Wyoming County District Attorney George Skumanick Jr. of
violating the three girls' First Amendment rights and seeks
a court declaration that the photos "are not child
pornography or any other crime." . . . "Kids should be
taught that sharing digitized images of themselves in
embarrassing or compromised positions can have bad
consequences, but prosecutors should not be using heavy
artillery like child-pornography charges to teach them that
lesson," said Witold Walczak, the legal director of the ACLU
of Pennsylvania. "These are just kids being irresponsible
and careless; they are not criminals."
TEXAS
Funding a child custody case: Attorney’s fees are only part
of it.
James Roark, Houston Family Law Examiner
3-19-09 –
A hotly contested child custody case in Harris County is
likely to rack up some hefty attorney’s fees. No surprise
there. Not everyone has the ready funds to match an
attorney’s retainer demands in such cases. . . . Often,
waiting to save up for a retainer is not an option. Either
you have been served a petition and have a short time to
respond, or you learn of a situation that requires fast
legal action to assure the well-being of the child. You
manage to pull it together from a variety of sources, at
least enough to get things started. At least now you have
some breathing room, right? Maybe. . . . The first order of
business is the hearing for temporary orders. That is,
giving the court a preliminary presentation of the facts so
it can set some ground rules for the parties to abide by
during the pendency of the case. Witnesses testify,
documents, pictures, and other exhibits are presented. What
follows is hypothetical, but not beyond the realm of
possibilities. . . . The judge can’t decide and needs more
facts. An amicus attorney is appointed to represent the
child. Ideally, this attorney will interview you, the
child, the other party, and visit the homes to compare
living environments, and participate in all other aspects of
the case.
Cost: $1500 per side to start, and if it goes to trial,
could be more than what you pay your own attorney.
Sexting, Seduction and Spring Breaks
by Chuck Norris, Townhall.com
3-18-09 --
Sending nude photos and sexual videos via cell phone (called
"sexting") is a fast-growing and dangerous trend among
youths. And with spring breaks upon us, YouTube won't be the
only one streaming videos during these juvenile siestas. . .
. Sexting is not new, but it is on the rise. Cases are
bubbling up all over the country. Just this past week in
Virginia, at least two Spotsylvania County students were
facing child pornography charges in a sexting case. The
naked images of three girls (including an elementary-school
student) were discovered on seven phones and traced back to
the two accused students. . . . Last month, high-school
girls in Greensburg, Pa., also were charged with
child pornography after they sent semi-nude photos of
themselves to male classmates. . . . Other similar incidents
have resulted in charges in Ohio,
Kentucky, Wisconsin, Georgia and
Florida. Law enforcement has been called out recently to
investigate sexting-related crimes by dozens of teens in
many states across the nation. . . . And sexting is not just
a male-dominant problem. A new national survey says that at
least one-fifth of all youths have sent nude or explicit
photos or videos of themselves via cell phone or have posted
such images online.
 
MINNESOTA
Parents sue state over babies' DNA
Minnesota accused of
depriving newborns 'of lawful privacy rights'
By Bob Unruh, © 2009 WorldNetDaily
3-12-09 --
Nine families have filed a lawsuit against
Minnesota's health department over its practice
of collecting DNA from newborns and then keeping and using the private information. . . .
The announcement was made by the
Citizens' Council on Health Care, which said the
department has been violating the state's 2006 genetic
privacy law by collecting, storing, using and disseminating
blood samples and DNA information. . . . Agency spokesman John Stine said the lawsuit was
being reviewed, but he confirmed the department takes the
blood samples from about 70,000 infants annually, and unless
the parents specifically choose to opt out of the program,
their children's DNA is saved. . . . He said the agency relies on "clinicians" to let
parents know of the requirement that they choose to opt out
of the program and only provides that information to parents
through a website and if they call and ask.
ARKANSAS
ACLU Asks Judge To Keep Adoptions Suit Alive
by Andrew Demillo, Associated Press
3-2-09 --
An Arkansas law banning unmarried couples from adopting or
fostering children does not help promote marriage because
the state does not allow gay or lesbian couples to wed,
opponents of the act told a state judge Friday. . . . The
Arkansas chapter of the American Civil Liberties Union asked
Pulaski County Circuit Court Judge Chris Piazza to deny the
state’s attempt to dismiss a lawsuit over the new law, which
went into effect Jan. 1 after voters approved the ban in
November. . . . Attorney General Dustin McDaniel asked
Piazza in January to dismiss the group’s challenge of the
initiated act. . . . In a brief filed Friday, the ACLU
rejected the state’s argument the initiated act promotes a
legitimate state interest in marriage.
STRIP-SEARCHING KIDS
A bad prescription
Vivian Berger / Special to The National Law Journal
3-2-09 --
With ever younger children abusing an increasing smorgasbord
of substances, schools have become the front line of defense
against this troubling trend. On the one hand, educators
cannot responsibly ignore tips that students may be
ingesting or distributing dangerous drugs — information that
may require verification by bodily searches. On the other
hand, public employees are constrained by the Constitution:
The U.S. Supreme Court has long recognized that students do
not abandon their rights at the schoolhouse door and are
entitled to obtain redress if these are infringed on. Yet
school personnel are not law enforcement officers, trained
in the subtleties of changing search and seizure doctrine.
Thus, administrators confront the Hobson's choice of doing
too much and doing too little, when either option threatens
to invite community outrage and civil suits. But sympathy
for these officials' plight should not eclipse concern for
students who endure extreme intrusions — often because of
dubious, if good- faith, judgment calls. . . . On Jan. 16,
the Supreme Court granted certiorari in Reddick v. Safford
Unified School District. This case reviews whether the en
banc 9th U.S. Circuit Court of Appeals erred in holding
unconstitutional the strip search of a 13-year old
eighth-grade girl believed to possess prescription-strength
ibuprofen, and in rejecting qualified immunity for Kerry
Wilson, the assistant principal who ordered the search.
Although the war on drugs has yielded countless casualties
over the years, rarely have its victims been as young, and
imposed upon, as Savana Redding.
FLORIDA
Florida judge criticized for castigating runaway foster
child
By Carol Marbin Miller, The Miami Herald
3-1-09 --
A child-welfare judge drew the ire of his chief and local
children's advocates when he told a 15-year-old runaway
foster child she would end up a "toothless, dead crack
whore" if she didn't mend her ways. . . . Exasperated that
the girl was refusing to return to a home where she said her
caregiver hit and cursed at her, Miami-Dade Circuit Judge
Spencer Eig lectured the sobbing teen about making bad
choices during a hearing Tuesday. . . . "You're throwing
your life away," Eig told the girl. "You could end up on the
street toothless. You've seen these toothless hags on the
street? You know how they get there? They blow their
opportunities in life when they're 15. They run away ...
people turn them into whores." . . . He added, "Toothless,
dead crack whore; dead at age 19? Is that the destiny you're
looking for?"
 
February 2009
OHIO
Judge tells Whitehall parents tying boy to bed, chair too
extreme
By Bruce Cadwallader, The Columbus Dispatch
2-25-09 --
A Whitehall couple were placed on probation yesterday after
a judge sternly reminded them that tying their hyperactive
son to a bed and chair was a crime. . . . Kimberly A.
Bogardus, 33, and Dennis O. Desenberg, 49, were each charged
with two felony counts of child endangering after Bogardus'
12-year-old son told a clinical counselor about the abuse in
April 2007. . . . The counselor contacted Whitehall police,
who found a rope tied to a bed in the home at 4689 Harbinger
Circle W. . . . The couple said they tied the boy to the bed
to control his night wanderings and tied him to a chair
because he violated house rules. . . . An investigation
showed that the restraints left marks on his wrists and
ankles and that he was not permitted out of bed to use the
bathroom.
Court Battle Over a Child Strains Ties in 2 Nations
By Kirk Semple
2-24-09 --
When David Goldman’s wife, Bruna, and their 4-year-old son,
Sean, boarded a plane at Newark Liberty International Airport in
June 2004, Mr. Goldman was planning to join them a week
later in Rio de Janeiro. Several days later, Ms. Goldman
called and said she wanted a divorce. She was staying in
Brazil, her native country, and so was the boy, she
announced. . . . With that call, the Goldman family was sent
into a high-profile international abduction and custody case
that continues in American and Brazilian courts and has now
reached the highest levels of the Obama administration. . .
. Mr. Goldman has seen his son, now 8, only once since the
boy boarded that flight: a fleeting reunion in Rio this
month. And he never saw his wife again. She died of
complications from the birth of a daughter with her second
husband, a lawyer who represented her against Mr. Goldman. .
. . The case has become a sore point in the relationship
between the United States and Brazil and may be on the
agenda when Secretary of State Hillary Rodham Clinton and
Celso Amorim, the Brazilian foreign minister, meet on
Wednesday afternoon in advance of a scheduled meeting next
month between President Obama and the Brazilian president,
Luis Inácio Lula da Silva, former and current State
Department officials said.
FEDERAL COURTS
Vaccine Ruling Could Spur Appeals, Suits in State Court
Jordan Weissmann, Legal Times
2-13-09 --
By finding that vaccines do not play a role in causing
autism, the
U.S. Court of Federal Claims handed a significant
defeat Thursday to thousands of parents who blame the
injections for their childrens' disorders. . . . But while
the rulings may prove to be a major hurdle for their cause,
lawyers for many of the plaintiffs say their legal efforts
may only just be starting. They are already contemplating
possible appeals, and talking about suing the pharmaceutical
companies directly. . . . The decisions were handed down
Thursday in a trio of test cases meant to help guide future
decisions by the claims court. More than 5,500 families have
filed autism-related claims in the
Federal Vaccine Compensation Program, many of
which have been pending for more than a decade.
PENNSYLVANIA
Pa. Judges Plead Guilty in Cash-for-Kids Corruption Scandal
Leo Strupczewski, The Legal Intelligencer
2-13-09 --
In a proceeding devoid of drama, two Luzerne County, Pa.,
judges told a federal court judge Thursday they were
guilty of accepting more than $2.6 million in kickbacks
from the owner and builder of two juvenile detention
centers. . . . Former President Judge Mark A. Ciavarella Jr.
and retired Judge Michael T. Conahan sat quietly for about
75 minutes, speaking only when U.S. District Judge Edwin
Kosik spoke to them. They answered in short sentences and
alternated between folding their hands and resting their
chins on their hands. . . . They pleaded guilty to both
counts -- honest services wire fraud and conspiracy to
defraud the United States -- in the criminal information
filed against them.
Suit Names 2 Judges Accused in a Kickback Case
By Ian Urbina
2-13-09 --
Several hundred families filed a class-action suit Friday
against two Pennsylvania judges who pleaded guilty on
Thursday to accepting $2.6 million in kickbacks for sending
juveniles to private detention facilities. . . . “At the
hands of two grossly corrupt judges and several
conspirators, hundreds of Pennsylvania children, their
families and loved ones, were victimized and their civil
rights were violated,” said Michael J. Cefalo, one of the
lawyers representing the families. “It’s our intent to make
sure that the system rights this terrible injustice and
holds those responsible accountable.” . . . Pennsylvania
lawmakers called on Friday for hearings into the state’s
juvenile justice system. And the Juvenile Justice Law Center
in Philadelphia, which blew the whistle on the judges, said
it had sworn affidavits from families who said they had
sought court-appointed counsel but were told that their
children would have to wait weeks, sometimes months, for a
lawyer. During that time, the children would have to remain
in detention, the families said.
Judge picked to review Ciavarella juvenile cases
By Terrie Morgan-Besecker, a Times Leader staff writer, Law
& Order Reporter
2-13-09 --
The state Supreme Court has appointed a senior Berks County
judge to review potentially thousands of cases that were
handled by Luzerne County juvenile court judge Mark
Ciavarella dating back to 2003. . . . In appointing Senior
Judge Arthur E. Grim, the high court said it wanted to
ensure a thorough review is conducted of all cases to
determine whether a “travesty of juvenile justice” occurred
under Ciavarella’s tenure, and, if so, to take whatever
action is necessary to provide relief to the affected
juveniles. . . . That relief could include holding new
hearings, filing petitions to expunge their records or to
vacate their adjudications entirely, the court said. . . .
The court was prompted to act following the filing of
criminal charges on Jan. 26 against Ciavarella and Judge
Michael Conahan that alleged, in part, the judges profited
from Ciavarella’s sentencing of juveniles to detention
centers once owned by Butler Township attorney Robert Powell.
MASSACHUSETTS
Mass. court voids DYS custody based on 'dangerousness'
Justices' ruling to free 12
held
By Shelley Murphy, Globe
Staff
2-11-09 --
The highest court in Massachusetts struck down a law
yesterday that allows the state to keep juvenile offenders
who are slated to be released at 18 in custody for three
more years if they are believed to be dangerous. . . . The
Supreme Judicial Court's ruling that the law is
unconstitutional will result in the release of a dozen
juvenile offenders whom state officials had kept
incarcerated after their 18th birthday. . . . One of those
was among a group of young offenders who had challenged the
law. The high court wrote that the law fails to define
dangerousness, gives "unbridled discretion" to the
Department of Youth Services, and violates the due-process
rights of offenders. . . . "The language contains no
indication of the nature and degree of dangerousness that
would justify continued commitment and offers the department
no guidance on how to make such a determination," wrote
Justice Judith Cowin.
FEDERAL COURTS
Judge in autism case injects insult to Sarah Palin
By Thomas Zambito, Daily News Staff Writer
2-6-09 --A
federal judge got political Wednesday, taking a swipe at
Sarah Palin while powwowing with lawyers in the case of an
autistic boy whose parents are fighting a ban on big dogs at
their luxury upper East Side building. . . . Manhattan
Federal Judge Naomi Reice Buchwald blasted the Alaska
governor and former vice presidential candidate for bringing
her Down syndrome child on stage after a debate. . . . "That
kid was used as a prop," Buchwald told lawyers during a
hearing on Wednesday. "And that to me as a parent blew my
mind." . . . Buchwald, a 62-year-old Democrat appointed by
former President Bill Clinton, said Palin should have put
her child to bed. Such conferences are often held behind
closed doors, but Buchwald held yesterday's session in open
court. "Tell me who told the reporter," Buchwald demanded
after realizing her words were on the record.
DELAWARE
Court says lesbian can't seek child custody
By Randall Chase, Associated Press Writer
2-6-09 --
A lower court judge was wrong to grant a lesbian joint
custody of her former partner's adopted daughter, the
Delaware Supreme Court has ruled. . . . . In a unanimous
decision handed down this week, the justices said the woman
had no standing to petition for custody in Family Court
because she was not the child's legal parent. The court
affirmed that under Delaware law, a person who is considered
a "de facto" parent of a child does not have the same rights
as a legal parent and is not entitled to custody. . . . .
Citing existing law, Justice Randy Holland wrote that a
person who does not qualify as a legal parent has no
standing to petition for custody of a child unless the child
is dependent or neglected and a judge determines that he or
she should not be placed in the custody of the legal parent.
CONNECTICUT
Judges concerned about how custody battles affect mental
health of children
Video offers advice to
divorcing parents
By Amanda Norris, Hour Staff Writer
2-1-09 --
A new video created by the state's Judicial Branch is urging
divorcing parents to set aside their own concerns and settle
their disputes out of court for the benefit of their
children. . . . Two Superior Court judges got tired of
wielding Solomon's sword after learning about the specific
impact of custody battles on children's mental health. . . .
Psychological research conducted at Massachusetts General
Hospital has had a shocking impact on the legal community,
according to family court Judge Elaine Gordon, who is
featured in the 20-minute long video. . . . Researchers
found that children who are subjected to high-conflict
custody disputes, that is those that take a judge's ruling
or court orders to resolve, have the same psychological
profile as children whose parents have had their custodial
rights severed due to neglect or abuse. . . . Called
"Putting Children First: Minimizing Conflict in Custody
Disputes," the video's production was spearheaded by Gordon
and Judge Linda Munro, who both have decades of experience
as lawyers and judges. The video has become the latest tool
for divorce lawyers and therapists, who seem to agree with
the judges that everyone benefits when conflicts are
minimized and resolved quickly. . . . In the video, Gordon
emphasizes that the stereotype of divorce as being ugly and
contentious of necessity is not true. The statistics Gordon
quotes from the Massachusetts General study only apply to
the 10 percent of cases, those considered "high conflict."
January 2009
Attorney: Lesbian custody case now an 'agenda' item
Charlie Butts - OneNewsNow
1-27-09
-- A lesbian child
custody case goes back to court this week. . . . Lisa Miller
had a child named Isabella while in a lesbian relationship
with Janet Jenkins in Vermont, but Miller left the
relationship after converting to Christianity and moved to
Virginia. Now, a Virginia judge
is honoring Vermont's civil union law by ordering that
Jenkins have visitation rights. (Previous
article) . . . Mat Staver of Liberty
Counsel says that ruling was handed down in court
with all three present. He notes Isabella has been
negatively affected by the forced visitations. . . . "Just
for a little while visiting with Janet, Isabella has already
had a reaction," he notes. "And in fact little Isabella,
six-and-a-half years old who otherwise is just an absolutely
adorable little girl, came away from that visitation and
said she wished she were dead."
OREGON
Judge criticized for allowing child-rape suspect care for
son
The Associated Press, Seattle PI
1-24-09 --
The Oregon attorney general's office has accused a Clackamas
County judge of gross abuse of discretion for ordering bail
for a child-rape suspect to help decide custody for his
13-year-old son. . . . Judge Deanne Darling had ordered
state child welfare officials to help release Russell Paul
Hamblen of Wilsonville, who had been charged in April with
rape, sodomy and sexual abuse of underage teenage girls. . .
. The judge said Hamblen should have a chance to care for
his son while the case was pending because his wife,
Christine, suffers from drug and alcohol abuse and has her
own legal problems. . . . The boy, meanwhile, remains in
foster care. . . . The attorney general's office called the
bail order unprecedented and inappropriate, and appealed it
to the Oregon Court of Appeals. . . . The appeals court
stayed Darling's bail order last month but declined to
release a copy of its decision or related documents. . . .
The paperwork was released Thursday in response to a motion
filed by The Oregonian.
HAWAII
Judge stumbled on child-abuse ruling
Honolulu Star-Bulletin Opinion
1-23-09 --
An outwardly indignant
state judge finally succumbed to the law in ordering a woman
convicted of child abuse to wait behind bars during an
appeal based on her assertion that she is untouchable by
Hawaii law. The appeal lacks an ounce of merit, as the judge
should have recognized from the outset before mistakenly
allowing the defendant to be free during the appeal. . . .
The error might have escaped public notice if the crime had
not been so heinous. Rita Makekau was accused of mistreating
her sister's five sons and daughter, now ages 10 to 18, in
her custody. She did not deny accusations that she hit their
heads with knifes and cans of dog food, their fingers with
metal and wooden spoons and their mouths with a hammer. . .
. Instead, Makekau, who calls herself royal minister of
foreign affairs for the separatist "Hawaiian Kingdom
Government," claims to be immune from state and U.S. laws.
Like other state laws, Hawaii's law allows defendants to
remain free while awaiting the process of a meritorious
appeal. By allowing Makekau to remain free last month,
Circuit Judge Virginia Crandall essentially found that her
claim of immunity had merit. The judge claims the deputy
prosecutor assigned to the case did not object during plea
negotiations to granting bail to Makekau, who pleaded no
contest. Crandall said the deputy left the issue of bail up
to the judge, which would have been either complacent or
overconfident. . . . City Prosecutor Peter Carlisle was
outraged by the judge's misstep, and Crandall accused him of
having been "very disrespectful of this court and the
judicial process." Responded
Carlisle: "The key here is a
wrong has been righted, and this lady is in jail where she
belongs." . . . An outwardly indignant state judge finally
succumbed to the law in ordering a woman convicted of child
abuse to wait behind bars during an appeal based on her
assertion that she is untouchable by Hawaii law. The appeal
lacks an ounce of merit, as the judge should have recognized
from the outset before mistakenly allowing the defendant to
be free during the appeal. . . . The error might have
escaped public notice if the crime had not been so heinous.
Rita Makekau was accused of mistreating her sister's five
sons and daughter, now ages 10 to 18, in her custody. She
did not deny accusations that she hit their heads with
knifes and cans of dog food, their fingers with metal and
wooden spoons and their mouths with a hammer. . . . Instead,
Makekau, who calls herself royal minister of foreign affairs
for the separatist "Hawaiian Kingdom Government," claims to
be immune from state and U.S. laws. Like other state laws,
Hawaii's law allows defendants to remain free while awaiting
the process of a meritorious appeal.
WISCONSIN
Trials for Parents Who Chose Faith Over Medicine
By Dirk Johnson
1-20-09 --
Kara Neumann, 11, had grown so weak that she could not walk
or speak. Her parents, who believe that God alone has the
ability to heal the sick, prayed for her recovery but did
not take her to a doctor. . . . After an aunt from
California called the sheriff’s department here, frantically
pleading that the sick child be rescued, an ambulance
arrived at the Neumann’s rural home on the outskirts of
Wausau and rushed Kara to the hospital. She was pronounced
dead on arrival. . . . The county coroner ruled that she had
died from diabetic ketoacidosis resulting from undiagnosed
and untreated juvenile diabetes. The condition occurs when
the body fails to produce insulin, which leads to severe
dehydration and impairment of muscle, lung and heart
function. . . . “Basically everything stops,” said Dr. Louis
Philipson, who directs the diabetes center at the University
of Chicago Medical Center, explaining what occurs in
patients who do not know or “are in denial that they have
diabetes.”
TEXAS
‘Too Old’ Grandparents (59 and 52) Hope for Custody Under
New Judge
By Martha Neil, ABA Journal
1-15-09 --
A judge in a controversial child custody case in Texas has
angrily stepped down after apparently being persuaded that a
related judicial conduct investigation required him to do
so. . . . After Juvenile Court Judge John Phillips decided
last year that Yolanda and Arnold Del Bosque were too old to
raise the young grandchildren they had been caring for since
infancy and had the two boys removed to a foster home, the
couple—who were 59 and 52, respectively, at the time of the
ruling—made an age bias complaint against him. Armed with a
letter from the State Commission on Judicial Conduct stating
that it is investigating the Del Bosques' complaint, their
lawyer, law professor Barbara Stalder of the University of
Houston, asked Phillips to recuse himself from the custody case, according to
an opinion piece in the
Houston Chronicle. . . . Although Phillips,
according to Stalder, had no choice but to do so while
awaiting an administrative judge's ruling on her recusal
motion, "high drama ensued" at a Jan. 8 pretrial hearing,
when Stalder objected to Phillips' continuing on the case,
the newspaper writes. Raising his voice, an increasingly
angry Phillips accused Stalder of arguing with him and
ordered a bailiff to escort her from the courtroom, the
Chronicle recounts. . . . “Honest to God, I really thought
he was going to have the bailiff taking me directly to a
holding cell,” Stalder, who works for a
University of
Houston legal aid clinic, tells the newspaper.
TEXAS
Texas Attorney General Greg Abbott’s Child Support
Enforcement Operation Does the Right Thing
Glenn Sacks, Mens News Daily
1-11-09 --
I've been very critical of Texas Attorney General Greg
Abbott (pictured) and his child support enforcement
operation in the past, and they've deserved every word of
it. To learn more, see my co-authored column
When Beating up on 'Deadbeat Dads' is Unfair
(Houston Chronicle, 1/7/07) or click
here. . . . However, I do like to commend
opponents when they do the right thing, and here's an
example. Jim, a Texas reader, told me this story the other
day and I asked him to write it up for a blog post. . . .
Jim writes: . . . In 2004, the Texas Attorney General had
anti-father propaganda on their website such as this
definition:
Good Cause
A legal reason for which a
Temporary Assistance to Needy Families (TANF) recipient is
excused from cooperating with the child support enforcement
process, such as past physical harm by the child's father.
It also includes situations where rape or incest resulted in
the conception of the child and situations where the mother
is considering placing the child for adoption.
MINNESOTA
Child custody law up for review
by Elizabeth Stawicki, Minnesota Public Radio
1-5-09 --
Within the next two weeks, a state court official must
report a study group's findings to the Legislature on
whether Minnesota should change its child custody laws. At
issue is whether judges should automatically presume that
children split their time living with each of their divorced
parents. . . . St. Paul, Minn. — When a couple with a child
divorces, a judge is supposed to start with a clean slate
before deciding whether the child will live solely with mom,
dad, or split living with each of them. . . . But under a
legislative proposal, judges would presume the child would
live with both parents unless there's a good reason not to
-- such as child abuse. . . . While adding the word
"presumption" to a statute may seem trivial, it would level
the legal playing field that fathers' rights groups say is
currently tilted against them.
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