TASK FORCE, DECEMBER 10, 2013, PART III: SPECIAL MASTERS!

Continuing on from Part II, Judge Weissmuller stated, we keep on hearing the them of if only we could do this quicker.  Some of the people sitting at this  table are involved in these kinds of cases.  So why can't we do this quicker, this is what we are asking you?

Attorney Sue Cousineau stated, I did alert this concern in a case in August of this year.  I filed a request, was sworn in and expressed concerns that court orders are not obeyed.  The Court said, thank you, but why is there no motion for contempt.  The Judge said without a motion for contempt I can't do anything.  When I get it, I will do it.  Now there has been a motion filed and it will be heard in January.  This is terrible.  As GALs, we can't file motions. 

Judge Weissmuller responded, one of the things Chief Justice Rogers suggested is dedicated case assignment.

Attorney Cousineau:  Yes, one case and one judge.  That's a great idea.

Judge Weissmuller.  I agree, and I would like to see a delegation from Rogers to discuss this.  I would like to know why this hasn't proceeded.

Attorney Cousineau stated we can recommend that this is a great idea.  One judge hears a case all the way through and has a history with the family.  That can be a recommendation.

Judge Weissmuller continued, another idea is in the larger jurisdictions there might be the unified famly court concept where you have cases where there is a child pendency and a criminal matter combined in a single court, so all these matters are handled all at once.  Regarding the fees, from the GAL training I heard we don't want to look like we are favoring or punishing one side, but in Washington they did implement starting in probate, and then it spread out to other systems, but where one person is occupying the time of the GAL, even if there is a legitimate reason, the Court will apportion the fees depending on how much time one or the other party is using. 

Attorney Sue Cousineau, the court determines GAL fees based upon economic lines, based upon income.  It is never apportioned based upon time used.

Judge Weissmuller questioned regarding the punishment of those who make false allegations.

Attorney Sharon Dornfeld stated that there is legislation that if one party has engaged in litigation abuse, fees are charged to that person.

[Of course, all of this conversation regarding the punishment of litigants bothers me because what we have is an unjust, fraudulent, and corrupt system where Judges suppress evidence and rule outside the law and where mental health professionals are allowed to testify based upon hearsay and allowed to fabricate evidence.  So, what is this...  Until the corruption and racketeering that is going on in family court gets fixed, this business of punishing anyone will inevitably result in more pain and suffering when innocent litigants end up being falsely accused.  I can see it now.]

 

Ms. Jennifer Veraneault asked who determines who can participate in special masters, and is there a private special masters available?

 

Attorney Sue Cousineau stated that in Danbury where she practices there is only one judge and a constant flow of business.  Where it is necessary to have a trial that would last a couple of days, then such a proceeding would be transferred to the regional family docket in Middletown.  When the parties are referred to Middletown, they are to be present for a full day of mediation of special masters.  In Danbury they do have a special masters available every Friday for finances.  Even in larger judicial branches where there are high conflicted cases, they are referred to the regional docket, basically to keep the case with one judge so the orders are consistent so there is a place to come back for compliance.

 

Attorney Dornfeld states that does happen.  I'm in Middletown.  There are services available.  When you talk about special masters, not for pay, typically volunteers.  Special masters associated with the regional family trial docket, at minimum this would go one full day, all volunteers, a mental health professional, and attorneys, one male and female, and you spend the whole day working, giving the family an opportunity to settle their case.  In a lot of courts, in their regional dockets, there is a lot of special masters going on informally.  They will ask attorneys who are in the building at the time and ask them to take some time on an abbreviated basis.  The early intervention program is based upon that model.  But there is no private special masters.

 

Retired judges have made themselves available as private masters.  It is not volunteer and parties pay them.  Also, there are circumstances where I recall there are lawyers where, for whatever reason, it becomes apparent that one of the parents became engaged in tax fraud which would be adverse to the client if it became before a judge, because the judge would be required to report that.  Then the attorneys will get it out of the judicial system and see if they could make the resolution of the issues happen some other way.

(To be continued...)

RELATED ARTICLES:

http://divorceinconnecticut.blogspot.com/2013/12/task-force-december-10-2013-part-i.html

http://divorceinconnecticut.blogspot.com/2013/12/task-force-december-10-2013-part-ii.html

http://divorceinconnecticut.blogspot.com/2013/12/task-force-december-10-2013-part-iv.html

http://divorceinconnecticut.blogspot.com/2013/12/task-force-meeting-december-10-2013_16.html


CT-N Recording!
http://divorceinconnecticut.blogspot.com/2013/12/task-force-meeting-december-10-2013.html