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March 2012
NEW
HAMPSHIRE
NH court considers counsel for indigent parents
By Holly Ramer,
Associated Press | Boston.com
03-13-12 --
The New Hampshire Supreme Court is deciding whether New
Hampshire should remain one of two states that doesn't guarantee
indigent parents court-appointed lawyers in abuse and neglect
proceedings. . . . For
three decades, poor parents in New Hampshire were provided
lawyers if they could not afford them, but funding was cut
during the last legislative session. That prompted a lawsuit on
behalf of parents, and the high court took up the issue Tuesday.
. . . Lawyer Michael Shklar (SKLAR) told the court that
parents who represent themselves are at an enormous
disadvantage. But attorney Jeanne Herrick, representing the
state, said the courts have adopted protocol to make sure
parents understand the process and that they don't have a
constitutional right to counsel.
MASSACHUSETTS
New law stops injustice of
paying alimony forever
By Stephen Hitner,
Special to CNN
Editor's note: Steve Hitner is president and founder of Mass
Alimony Reform and the president of Metrowest Printing Co. He is
a divorce consultant and mediator.
03-09-12 -- My marriage
ended in 1995 after 23 years. My two daughters were adults. I
knew I would be required to pay alimony, split the assets and
provide health insurance for a reasonable period of time. But a
marriage that had been difficult for many years was finally
over, or so I thought. I didn't know I was about to enter the
twilight zone of alimony-without-end in Massachusetts.
. . . The trial took three days, and a judgment took 10
months. My legal bills were nearly $150,000. I was ordered to
pay $865 a week -- forever. After 9/11, my business suffered, as
many did, and I could not afford the payments. I racked up
credit card debt that terrified me. I had to file for
bankruptcy. . . . When
I went to court to modify the alimony payment, the judge recused
herself from the case, saying her husband had once played cards
with the bankruptcy trustee, and I would have to start over.
Something was very wrong, and I had to fix it. . . . I launched a website,
MassAlimonyReform.org,
and with my current wife, Jeanie, and several couples in similar
situations, began what became the alimony reform movement.
FLORIDA
Ex-Marine Gets 15 Years for
Attacking Wife During Hearing in Judge’s Chambers
By Martha Neil, ABA
Journal
03-06-12 -- A man who
fractured his wife's nose and broke her jaw during an attack
last year in a Florida judge's chambers was sentenced Friday to
a maximum 15-year prison term after pleading no contest to an
aggravated battery charge. .
. . Paul Henry Gonzalez Jr., 29, apologized profusely and
sought, with his attorney, to persuade Judge Jeffrey Cohen to
sentence him to four years in the Broward County case. However,
the judge was apparently unmoved by the apology and defense
psychiatric testimony that the ex-Marine suffers from
post-traumatic stress disorder and bipolar disorder as well as a
personality disorder. He called the attack an outrage, according
to
CBS Miami,
the
New York Daily News
and the South Florida
Sun Sentinel.
UTAH
For an Easy, Affordable,
Lawyer-Free Divorce, Check ‘Yes’: View
By the Bloomberg
Editors
03-04-12 -- A controversy
over divorce procedures in Texas is calling attention to a
profound shift in the way Americans in all 50 states exit
marriage: They’re going to court on their own, without lawyers.
. . . Few courts keep
statistics, but small studies and local estimates suggest that
self-divorcers now make up 40 percent to 70 percent of the
total, depending on the jurisdiction, with the highest numbers
in places with relatively large populations of poor people.
. . . Naturally, this
is causing a lot of chaos at family courts, and extra work for
clerks who are called upon to help multitudes of legal novices,
often in the pangs of marital separation, work through the
process. . . . The
Supreme Court of Texas, like courts in dozens of other states
and counties, wants to make things easier by providing
do-it-yourself petitions, summonses and other forms needed to
manage a divorce. Texas family lawyers are fighting back,
arguing that the forms may not provide adequate help, that
marriages are best dissolved with a lawyer’s advice and
assistance.
OKLAHOMA
Former Oklahoma County Judge
Tammy Bass-LeSure gets deferred sentence in fraud case
Former Oklahoma County Judge
Tammy Bass-LeSure and her husband Karlos LeSure received
deferred sentences after pleading guilty to fraud in a case
involving adopted twins.
By Tim Willert,
Oklahoman Staff Writer
03-02-12 -- Former
Oklahoma County District Judge Tammy Bass-LeSure and her
husband, Karlos LeSure, pleaded guilty to fraud Friday and were
given deferred sentences. . . . They were accused of secretly giving away twin babies to
Ravonda L. Edwards, the sister of the judge's bailiff, after the
judge and her husband became foster parents for the twins.
Edwards is also accused of fraud.
. . . Bass-LeSure
resigned March 1 as part of a plea agreement with prosecutors.
. . . Prosecutors alleged Edwards raised the boy and
girl. Witnesses said the children called Edwards “Mommy,” and
called the judge their aunt. . . . The children are now 4.
. . . The judge and her husband became foster parents for
the twins in 2008 and adopted them in 2010.
February 2012
GENERAL
Divorce lawyers:
Pet custody cases increasing
By Sue Manning,
Associated Press | San Francisco Chronicle
02-28-12 -- They still
fight like cats and dogs in divorce court. But more and more
they are fighting about cats and dogs.
. . . Custody cases involving pets are on the rise across
the country. . . . In
a 2006 survey by the 1,600-member American Academy of
Matrimonial Lawyers, a quarter of respondents said pet custody
cases had increased noticeably since 2001. The academy is due
for another survey, but there is no doubt such cases have grown
steadily since then, said Ken Altshuler of Portland, Maine, a
divorce attorney and AAML president.
Lawyers.com “Divorce and
Family Law” Newsletter Launched
Free Electronic Publication
Offers Practical Information for Consumers
EON: Enhanced Online
News
02-27-12 --
Lawyers.comSM,
a leading legal website from LexisNexis® for consumers and small
business owners, has a new, free electronic newsletter available
on the site called
Lawyers.com
Divorce and Family Law. The newsletter provides legal news,
practical advice and information consumers can use to learn
about current developments in divorce and family law. Future
articles may cover such topics as adoption, paternity, child
abuse and domestic violence. Readers will also receive alerts
about related chats occurring on the
Lawyers.com blog,
a top online destination for practical analysis of consumer
legal news. **** The first issue of
Lawyers.com
Divorce and Family Law can be accessed via the following link:
http://blogs.lawyers.com/2012/02/get-the-the-divorce-family-law-newsletter-free/
GEORGIA
Court disbars Marietta
attorney
By Janel Davis, The
Atlanta Journal-Constitution
The
Georgia Supreme Court disbarred Marietta attorney Joan Palmer
Davis on Monday for failing to adequately represent her client. . . . According to the court ruling, Davis failed to appear in
court to represent her client in a 2008 child support case, then
attempted to withdraw from the case without telling him. Davis
also took the client’s fee and refused to return it.
GENERAL
Are Divorce Lawyers
Necessary?
By Joe Palazzolo,
Wall Street Journal (blog)
02-24-12 -- In most (some
would say all) cases, couples calling it quits benefit from
legal representation. But legal representation can be pricey, so
the Texas Supreme Court is considering fill-in-the-blank legal
forms people can use in divorce cases instead of hiring lawyers.
. . . Texas divorce lawyers, naturally, are opposed to
the plan. . . . The WSJ’s Nathan Koppel
reports
that the fight is part of a larger trend around the country of
people trying to represent themselves when they go to court to
dissolve their marriages. While no comprehensive figures
exist, surveys in some states and Texas counties indicate that a
majority of parties in divorce cases do so, which can cause
problems for the couples as well as the courts.
. . . Thirty-six states already offer self-help forms for
divorce filings, according to Koppel. The Texas Supreme Court
last month finished drafts of its versions.
CALIFORNIA
Attorney who pleaded guilty
in adoptive-infants case faces sentencing
Poway lawyer accused of wire
fraud, related to her role in a ring to pay surrogates, accepted
a plea bargain. But characterizations of the case as
'baby-selling' put the defendant at a disadvantage in
sentencing, the defense says.
By Tony Perry, Los
Angeles Times
02-24-12 -- Poway
attorney Theresa Erickson was a star in the complex,
competitive, and sometimes lucrative business of helping
childless couples adopt babies. . . . She was a frequent guest on national TV shows; she
self-published a book on "assisted reproduction," and she
presented herself on her website as a tireless, fearless
advocate for adoption. Eager to expand her business, she was
looking to attract gay clients.
. . . A different Erickson will appear for sentencing
Friday in San Diego federal court: an admitted felon, the
alleged ringleader behind an international scheme to
pay surrogates to carry
embryos
to term so the babies could be placed with couples throughout
the United States.
TEXAS
Gay Texas Judge Refuses to
Perform Marriage Ceremonies
By Christina Ng, ABC
News
02-24-12
-- Texas Judge Tonya
Parker cannot legally marry a woman in her state, so she refuses
to perform any marriage ceremonies until there is equality. She
finds it "oxymoronic" to perform a ceremony that cannot be
performed for her. . . .
Parker, an openly gay judge, told a group at a Stonewall
Democrats of Dallas meeting Tuesday that when she turns a couple
away, she uses it as an opportunity to teach them a lesson about
marriage equality. . . .
"I don't perform marriage ceremonies because we are in a
state that does not have marriage equality and until it does,
I'm not going to partially apply the law to one group of people
that doesn't apply to another group of people," Parker said in a
video of the Tuesday discussion. "And it's kind of oxymoronic
for me to perform ceremonies that can't be performed for me, so
I'm not going to do it." . .
. A spokeswoman for the Texas State Commission on
Judicial Conduct said the commission had no comment.
UNITED
STATES SUPREME COURT
Do grandparents get
visitation rights? Supreme Court declines case
The Supreme Court declined to
hear a case in which grandparents demanded to visit their
grandchildren but the parents intervened. The lack of a decision
leaves no clear constitutional standard on the issue.
By Warren
Richey, The Christian Science Monitor Staff writer
02-21-12 -- Two Alabama
grandparents have lost their bid to have court-ordered regular
visits with their teenaged granddaughters.
. . . The US Supreme Court on Tuesday declined to take up
the grandparent’s appeal in a case testing when a judge can
force objecting parents to permit regular visits between a
grandparent and grandchildren.
. . . The high court action allows a decision of the
Alabama Supreme Court to stand. The Alabama high court had ruled
in favor of the parents who opposed court-intervention in the
grandparent visitation dispute.
How much do you know about
the US Constitution? A quiz.
All
50 states have grandparent visitation laws in which a judge can
require regular access to one’s grandchildren. . . .
But what is less clear is how a
judge is to rule when the child’s parents are opposed to such
grandparent visitation.
ALABAMA
Alabama court's wrongful
death ruling used to recommend abandoning Roe 'viability'
argument
FoxNews.com
02-20-12 -- Life groups
are hailing an opinion by an Alabama Supreme Court justice who
argued that it's time to abandon the viability standard used in
Roe v. Wade because medical breakthroughs -- backed by case law
and legislation -- have shown a fetus is only as viable as the
technology monitoring it. . . . The opinion by Judge Thomas
Parker was issued Friday in the case of a woman who sued her
doctors for wrongful death when her baby died in the womb while
only three months in gestation. . . . The Alabama Supreme Court
threw out a DeKalb Circuit Court summary judgment in favor of
the defendants that held the wrongful-death action could not be
maintained because the unborn child was not viable.
Alabama Supreme Court justice
blasts U.S. abortion law
By Brian Lawson, The
Huntsville Times
02-17-12 --
Alabama Supreme Court Justice Tom Parker took aim Friday at U.S.
abortion law, using a DeKalb County case to call for states to
reject the concept of "viability" of a fetus and give legal
rights to the unborn. . . . The state court ruled unanimously
Friday that a DeKalb County woman has the right to pursue a
wrongful death claim against her doctors on behalf of her unborn
child. The child was not old enough to live outside the womb,
but a 2011 Alabama Supreme Court ruling said that such a claim
could be filed even for a "previable fetus." The decision did
not break new legal ground in abortion law. . . . In Roe vs.
Wade, the U.S. Supreme Court said the state has a "compelling"
interest in the life of an unborn child when it reaches
"viability," when it can survive outside the womb. The U.S.
Supreme Court has not defined viability by the age of the fetus,
but left it to be determined by the mother's doctors.
OHIO
Ohio parents get prison in
cancer death of son
Kim Palmer, Reuters
| Chicago Tribune
02-16-12 --
A Cleveland judge sentenced two parents Thursday to eight years
in prison after they pleaded guilty to failing to get medical
help for their eight-year-old boy before he died from a
treatable form of cancer. . .
. Judge Michael Astrab admonished Monica Hussing, 37, and
William T. Robinson, Sr., 40, parents of William Robinson, Jr.,
for not taking personal responsibility for their son's March
2008 death and for hiding him away instead of seeking help for
his illness. They received the maximum sentence. . . . The couple pleaded guilty in January to one count each of
involuntary manslaughter. Hussing and Robinson were under
investigation since 2005 by the Department of Family and
Children Services in Trumbull County for keeping some of their
six children out of school and failing to get medical attention
for William.
CALIFORNIA
Attorney calls for protection
of parents in school abuse case
Sam Allen, Los
Angeles Times
02-09-12 -- A local
immigrant rights group has called on the Los Angeles County
Sheriff’s Department to provide protections for undocumented
parents whose children were allegedly victimized in the
Miramonte Elementary School teacher abuse scandal.
. . . The Coalition for Humane Immigrant Rights of Los
Angeles asked for the sheriff to assure the parents that their
immigration status will not be affected if they go to
authorities with claims of abuse.
. . . “Families are not speaking up because they are
scared of being deported,” attorney Jessica Dominguez said at a
news conference Thursday morning. . . . Dominguez also urged Sheriff Lee Baca to assign a detective
to the case “who is very familiar with certifications of
U-Visas.” If approved, these documents give victims legal status
for up to four years. . . .
The news conference also featured a father of a Miramonte
student allegedly abused by teacher Mark Berndt. The father, who
was identified only by his first name, Raymundo, said he did not
go to authorities initially because he was afraid of being
deported.
NEW YORK
Appeals court sets guidelines
for alimony and child support
Thomson Reuters News
& Insight
02-07-12 -- A New York
appeals court ruled on Tuesday that judges may not deviate from
a new formula for calculating temporary alimony and child
support payments -- even to account for basic expenses such as
mortgage payments -- without justifying their decision using a
2010 law's strict criteria. .
. . The unanimous ruling by the
Appellate Division, First
Department,
provided particular guidance for judges and attorneys who are
litigating divorces in which one spouse is wealthier than the
other. . . . Before
2010, judges had wide latitude to determine the appropriate
temporary payments -- which are instituted during an ongoing
divorce action -- "in such amount as justice requires." The new
statute, a section of the Domestic Relations Law, requires
judges to determine a presumptive amount of alimony by
performing a series of mathematical calculations based on each
spouse's incomes, up to $500,000, as shown on their recent tax
returns.
FLORIDA
Flowers, dinner, bowling --
and counseling -- ordered by Broward judge in domestic case
By Danielle A.
Alvarez, Sun Sentinel
02-07-12 --
A marital spat that began when a Plantation man didn’t wish his
wife a happy birthday and then escalated into a domestic
violence charge, resulted in an unusual bond court ruling by a
perceptive judge. . . .
Instead of setting bond or keeping Joseph Bray locked up,
he ordered him to treat his spouse to dinner, a bowling date and
then to undergo marriage counseling.
CALIFORNIA
Prop. 8: Gay-marriage ban
unconstitutional, court rules
Maura Dolan, Los
Angeles Times
02-07-12 -- A federal
appeals court Tuesday struck down California's ban on same-sex
marriage, clearing the way for the U.S. Supreme Court to rule on
gay marriage as early as next year.
. . . The 2-1 decision by a panel of the U.S. 9th Circuit
Court of Appeals found that Proposition 8, the 2008 ballot
measure that limited marriage to one man and one woman, violated
the U.S. Constitution. The architects of Prop. 8 have vowed to
appeal. . . . The
ruling was narrow and likely to be limited to California.
. . . “Proposition 8 served no purpose, and had no
effect, other than to lessen the status and human dignity of
gays and lesbians in California,” the court said.
DOCUMENT: Read the court's
decision
FULL COVERAGE: Prop. 8
Prop. 8: Gay judge’s
relationship not a factor, court rules
Maura Dolan, Los
Angeles Times
02-07-12 -- The appeals
court that overturned Proposition 8 on Tuesday also ruled that
retired U.S. District Judge Vaughn R. Walker, who ruled against
the 2008 ballot measure banning same-sex marriage, was not
obligated to step away from the case because he was in a long
term same-sex relationship. .
. . The panel of the U.S. 9th Circuit Court of Appeals
said U.S. District Judge James Ware, who
refused to overturn Walker's
ruling
on the grounds he failed to disclose his relationship, based the
ruling on sound law and logic.
. . . The court cited Ware's finding that it was
unreasonable to presume a judge could not be unbiased simply
because he or she might one day be affected by the ruling.
Prop 8 Ruling: Judges
Invoke Marilyn Monroe, Movies and Jumbotrons
By Joshua L.
Weinstein at TheWrap, Reuters
02-07-12 -- The appellate
court judges who ruled Tuesday that California's Proposition 8,
which banned same-sex marriage, mentioned Jumbotrons, Frank
Sinatra, movies and Marilyn Monroe along with Supreme Court
precedents in their decision. . . . "Had Marilyn Monroe’s film been called ‘How to Register a
Domestic Partnership with a Millionaire,’ it would not have
conveyed the same meaning as did her famous movie, even though
the underlying drama for same-sex couples is no different," the
judges wrote. . . .
The judges wrote that in society, "We are excited to see someone
ask, ‘Will you marry me?’, whether on bended knee in a
restaurant or in text splashed across a stadium Jumbotron.
Certainly it would not have the same effect to see, ‘Will you
enter into a registered domestic partnership with me?’." . . . They even invoked Groucho Marx, William Shakespeare and
Abraham Lincoln -- all in one paragraph:
NEW
YORK
Ethics Dunce:
Judge Barbara Jaffe
Jack Marshall,
Ethics Alarms
02-06-12 -- New York
Judge Barbara Jaffe disagrees with me
on the issue I discussed here
regarding Natalie Munroe,
the elementary school teacher who still has her job despite
professing her contempt and dislike for her elementary students
and their parents on her blog. Thanks to Jaffe, Christine Rubino,
whose online comments about her students were infinitely worse,
has won a court challenge to
her firing
from her job teaching at PS 203 in Brooklyn, New York. The judge
is wrong, and I am right. The judge is also a fool.
. . . Imagine: last March, the day after a 12-year-old
Harlem schoolgirl drowned during a class trip to a Long Island
beach, Rubino posted a vicious rant about her fifth-graders on
her Facebook page. “After today,” she wrote, ” I’m thinking the
beach is a good trip for my class. I hate their guts.”
FLORIDA
Attorney: Man adopts
girlfriend to preserve trust assets
By Douglas Stanglin,
USA TODAY
02-03-12 -- An attorney
for the wealthy Floridian who legally adopted his adult
girlfriend says the move is not illegal and was made "with the
intention to preserve and grow the assets of the Trust for his
two minor children, even should he personally be unable to
continue his historical role in achieving these goals."
. . . As On Deadline noted
in a posting on Thursday,
John Goodman, 48, is being sued by the parents of Scott Wilson,
23, who was killed in a traffic accident last February,
according to The Palm Beach Post. . . . The newspaper, quoting a sheriff's report, says Goodman ran
a stop sign and hit Wilson's car in Wellington, Fla. . . . Wilson's parents have sued Goodman. The trial is set for
March 27. . . . The
newspaper says Goodman also faces a criminal trial on March 6 on
charges of DUI manslaughter, vehicular homicide and leaving the
scene of a crash. He could face up to 30 years in prison.
January 2012
CALIFORNIA
LA to allow press, public
into child abuse cases
Associated Press |
San Francisco Chronicle
01-30-12 --
The presiding judge of Los Angeles' juvenile courts says he will
allow better access for the press and public on hearings for
child abuse and foster care cases.
. . . The Los Angeles Times (
http://lat.ms/AihIEd)
reports Judge Michael Nash says the news media is presumed to
have a legitimate interest that allows them into hearings.
FLORIDA
Judge: Abused boy looks like
concentration camp victim
Abused, starved and naked, a
9-year-old boy was rescued by neighbors when he was found on the
streets. A Miami judge Monday demanded to know how it happened.
By Carol Marbin
Miller & David Ovalle, The Miami Herald
01-30-12 -- Joseph Lee
studied a color snapshot of his 9-year-old nephew Monday as a
Miami child-welfare judge glanced at Lee.
. . . The judge was
looking for signs that Lee was as disturbed by the photo as she
was. But Lee simply stared at the picture.
. . . “I’m looking for words,” Lee said. “I was not aware
of any of this.” . . .
The photo, which was not released publicly, depicted a little
boy who had become so emaciated that his bones protruded from
his skin, and his eyes bulged from their sockets, Miami-Dade
Circuit Judge Cindy Lederman said. She likened him to a
concentration camp survivor.
. . . The boy was discovered by police wandering his
North Miami Beach neighborhood Saturday — beaten, naked and
starving. His parents, 34-year-old Marsee Strong and 40-year-old
Edward Bailey, remain at the Miami-Dade County Jail on charges
of aggravated child abuse and neglect. On Monday afternoon, they
were still jailed and had yet to post $65,000 bail.
. . . The boy and four of his siblings were placed in the
custody of Lee, a maternal uncle who was ordered by the judge
not to allow the boy’s parents any contact with him. Lee also
agreed to adopt the children if their parents are unable to
regain custody. The boy also has an 18-year-old sister who is
pregnant.
ALABAMA
Judge no more: Warner banned
from Alabama bench
Written by Brian
Lyman, Montgomery Advertiser
01-27-12 -- Former
Montgomery County family court Judge Patricia Warner and the
Judicial Inquiry Commission filed an agreement Friday that
forbids Warner from ever serving as a judge in Alabama again.
. . . Warner has lived in North Dakota since abruptly
retiring from the bench last June, days before an ethics
complaint containing 74 separate charges was filed against her.
. . . Under the terms of the agreement, the Alabama Court
of Judiciary found that Warner created "the appearance of
impropriety" in a child custody case, in violation of Canon 2 of
the state Canons of Judicial Ethics.
. . . The remaining 73 charges against Warner --
including accusations of mishandled cases and entering orders
without hearings or evidence to support them -- were dismissed.
NEVADA
Outside Judge Sides with
Prosecutor, Says Judge Jones Should Step Down From Family Court
Case
By Martha Neil, ABA
Journal
01-23-12 -- Concluding
the latest battle in an ongoing war between a Nevada family
court judge and at least some members of the local prosecutor's
office, an outside judge brought in to hear a recusal motion has
determined that Judge Steven Jones should step aside from a
child welfare case. . . .
Earlier, Jones banned an assistant Clark County
prosecutor, Michelle Edwards, from his courtroom after she
helped expose his romance with another member of the
prosecutor's office, the
Las Vegas Review-Journal
reports. But it is Jones who should step aside, because he
earlier admitted he is biased against Edwards, Judge Susan
Johnson ruled in a 10-page opinion.
FLORIDA
Wife of Man Paying Alimony
Despite Advanced Alzheimer’s Among Those Pushing Reform
By Debra Cassens
Weiss, ABA Journal
01-19-12 -- The wife of a
72-year-old man still paying alimony despite advanced
Alzheimer’s is part of a reform movement seeking to change the
laws in several states. . . . Linda Morgan of Lehigh Acres, Fla., says her husband,
retired physician Michael Morgan, has been paying alimony since
1992 when his 36-year marriage ended,
USA Today
reports. As Michael Morgan’s disease progressed, the Morgans
sought to change an alimony agreement reached in mediation. But
judges refused their request and even ordered the Morgans to pay
attorney fees.
NEW
YORK
Judge in immigrant custody
battle orders 5yo girl returned to mom in Mexico; 'illegal' dad
stays in Queens with new girlfriend
Mexican parents' plot to come to
America together fails; dad makes it, mom doesn't
By John Marzulli /
New York Daily News
01-09-12 -- A federal
judge ordered a 5-year-old Queens girl removed from her father's
custody Monday and returned to her mother in Mexico after the
couple's border-crossing scheme went awry.
. . . "This is a tragic and heart-rending case," Judge
Jack Weinstein said, noting that the decision was based on
international law and not who is the better parent.
. . . Weinstein directed the lawyer for the child's
father to bring her to Brooklyn Federal Court Friday so a
guardian could take her home to Puebla to reunite with her
mother. The lawyer, Steven Ross, said he may ask the U.S. Court
of Appeals for a stay of the judge's ruling.
. . . Angelica Mota filed suit last year seeking custody
of little Elena under the Child Abduction Remedies Act of the
Hague Convention. . . .
The child was born in 2006 to Mota and her husband Jose
Luis Rivera Castillo who later entered the U.S. illegally and
settled in Queens where he works as a custodian at a private
school.
GEORGIA
Judge allows thousands to
join child support lawsuit
Suit alleges state is creating
modern-day debtor's prisons by jailing parents who don't pay
By Bill Rankin, The
Atlanta Journal-Constitution
01-03-12 -- Thousands of
parents facing possible jail time for failing to pay child
support can join a lawsuit that says lawyers should be appointed
to represent them if unable to afford counsel, a judge has
ruled. . . . In a Dec.
30 order, Fulton County Superior Court Judge Jerry Baxter
granted class-action status to a suit filed last year against
the state by five parents who had been jailed for child-support
debt. . . . Georgia is
one of the few states nationwide that does not provide lawyers
for indigent parents facing civil contempt in child-support
proceedings. The state already struggles, because of budget
shortfalls, to provide lawyers to indigent people charged with
criminal offenses. . . .
The lawsuit contends Georgia is creating modern-day
debtor's prisons for those jailed when they have no ability to
pay because they have lost jobs or are disabled and unable to
find work.
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