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Showing posts with label FAMILY COURT REFORM. Show all posts
Showing posts with label FAMILY COURT REFORM. Show all posts

Friday, October 2, 2015

INVESTIGATIVE JOURNALIST DAVE IVERSEN OF WTNH CHANNEL 8 EXPOSES FAMILY COURT GAL RACKET!

David Iversen of WTNH Channel 8 reports as follows:
"(WTNH) — Alex Seretny knew he wanted to be a part of the military.
“It was always something I was curious to myself about. Can I do this? After 9/11, I said, I want to do this.”
After three tours of duty in Afghanistan, he received a bronze star and a purple heart.
He is, by all accounts, a war hero.
That time overseas cost him at home. Seretny’s marriage failed. When he came back to Connecticut, another battle began.
“We were released on a Friday and Monday morning I showed up in a courtroom,” said Seretny.
On a soldiers salary, Seretny could not afford an attorney. A family court judge had a solution to the custody dispute: Assign a Guardian Ad Litem.
A Guardian Ad Litem is a special investigator assigned to family court cases to represent the best interest of the child. In essence, A GAL’s job is to review the family life of both mom and dad and recommend to the family court where the best place for the child or children is.
According to statistics provided by the Judicial Branch, Guardian Ad Litems have been assigned to five percent of the family court cases. 1,234 assignments among the 23,500 family court cases, which excludes restraining order cases.
Seretny was charged $300 an hour for his GAL. He never tallied up his total bill.
“Honestly, I don’t want to put the numbers together because I don’t want to know what that number might be.”
The number is almost $4,000 between Seretny and his ex-wife. According to bills provided by Seretny, the hours charged are for writing letters, listening to voicemails, a single meeting with each parent and court preparation.
“It’s frustrating,” said Seretny. “It was supposed to be a representative for my daughter. That did not happen.”..."
READ MORE:

Saturday, August 1, 2015

US DOJ REPORT ON CONSTITUTIONAL VIOLATIONS IN ST. LOUIS COUNTY FAMILY COURT!

Justice Department Releases Findings of Constitutional Violations in Juvenile Delinquency Matters by St. Louis County Family Court

"Following a comprehensive investigation, the Justice Department today announced its findings regarding the Family Court of the Twenty-First Judicial Circuit of the state of Missouri, commonly known as the St. Louis County Family Court.  The Justice Department found that the family court fails to provide constitutionally required due process to children appearing for delinquency proceedings, and that the court’s administration of juvenile justice discriminates against Black children.  The investigation was conducted under the Violent Crime Control and Law Enforcement Act of 1994, which gives the department the authority to seek a remedy for a pattern or practice of conduct that violates the constitutional or federal statutory rights of youths in the administration of juvenile justice..."
READ MORE:

Wednesday, July 22, 2015

ANOTHER READER RESPONSE TO NEWS THAT THE FAMILY COMMISSION IS DISBANDING, GOING BEHIND CLOSED DOORS!

There are lots of Munro stories. My favorite relates to her supposed oversight of Stamford attorney Gary Cohen's "community service." Cohen had been grieved by a former client for extorting $300,000 for himself and another $300,000 for the client's ex wife's lawyer. Miraculously, the grievance panel found that Cohen had engaged in unethical conduct. 

See: http://www.jud.ct.gov/SGC/decisions/060020.pdf. (For a good laugh, note the discussion of Cohen's expert, fellow divorce lawyer Gaetano Ferro, who found Cohen's behavior ethical.) 

This case represents, to my knowledge, the only time any member of the Connecticut divorce bar has been sanctioned for any behavior whatsoever. 

Cohen was then required to perform something like 200 hours of "community service" pursuant to a subsequent settlement with the Statewide Grievance Committee. Munro was assigned to "oversee" Cohen's community service. However, Cohen wasn't up doing the required hours of community service. So Munro then gave Cohen credit for community service performed on his behalf by one of his associates, whom Cohen presumably paid. Thus, Munro unilaterally eliminated the Statewide Grievance Counsel's community service penalty. 

Munro subsequently retired from the bench and is now a partner at Pullman & Comley which just happened to be the law firm that represented Cohen in the grievance matter. 

To summarize: Cohen is actually found to have engaged in unethical conduct, Munro unilaterally commutes his community service sentence, and then Cohen's law firm pays back Munro by making her partner. 

Just another day at the office for corruption in Connecticut's family courts . . . .

Saturday, July 18, 2015

CRISIS IN THE FAMILY COURTS, BY BARRY GOLDSTEIN!

Crisis In The Family Courts

U. S. Department of Justice v. Custody Court System

Posted in Uncategorized by abatteredmother on February 14, 2013
UPDATE:
 Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations: Their Relationship to Evaluator Demographics, Background, Domestic Violence Knowledge and Custody-Visitation Recommendations, Final Technical Report Submitted to the National Institute of Justice, U.S. Department of Justice (October 31, 2011). Principal Investigator: Daniel G. Saunders, Ph.D., Co-Investigators: Kathleen C. Faller, Ph.D. and Richard M. Tolman, Ph.D. University of Michigan, School of Social Work, 1080 S. University Ave., Ann Arbor MI 48109-1106 USA. (“This project was supported by Grant No. 2007-WG-BX-0013 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position of the U.S. Department of Justice.”)

Protective mothers have been complaining about mistreatment by the custody court system, but have routinely been dismissed as “disgruntled litigants.” As recently as the beginning of the Battered Mothers Custody Conferences in 2004, there was little professional support for protective mothers. The mothers’ complaints have now been confirmed and supported by the domestic violence community, many women’s organizations, numerous governmental agencies, many in the academic community and a substantial body of research such as contained in our book DOMESTIC VIOLENCE, ABUSE and CHILD CUSTODY.
Last summer at the NCADV Conference, Dr. Daniel Saunders of the University of Michigan and some of his colleagues presented their findings from a major Department of Justice study that confirms the findings in our book and other research that the present custody court practices for domestic violence cases are deeply flawed. The publication of these findings has taken longer than expected as Dr. Saunders and the Justice Department seek to carefully present the information in a clear and accurate manner, but they should soon be available on the Department of Justice web site. Many of us who seek to reform the broken custody court system are excited about this study because it should be difficult for the courts to dismiss or ignore because of where it comes from. Significantly, the findings are incompatible with a continued belief that the present practices are working for the benefit of the children the courts are supposed to protect.
Custody Courts Frequently Disbelieve Valid Abuse Complaints 
Custody courts have a particularly poor record in responding to domestic violence cases. The research demonstrates that court professionals reject a high percentage of valid complaints by protective mothers. This problem has been confirmed in many ways. It is confirmed based on the frequency of mistaken outcomes. Although battered mothers make deliberately false allegations only one or two percent of the time, in contested custody cases the alleged abuser wins custody or joint custody over seventy percent of the time. Subsequent events regularly confirm courts’ mistakes. This occurs when men found safe by the court professionals are later convicted or otherwise found to have to have committed domestic violence, sexual abuse, murder or other similar crimes.
The revelations of the Courageous Kids Network further demonstrate the frequency in which courts fail to recognize valid complaints of abuse. Courageous Kids are young adults who have aged out of their custody orders and decided to speak out about the harm caused by these orders. The context is important in understanding their stories. These are cases in which the court disbelieved the mothers’ abuse allegations and gave the fathers complete control. The children have been threatened, coerced and punished if they continue to complain about their father’s abuse or seek a relationship with their mother. In other words the fathers have had tremendous assistance in silencing the children. Accordingly the children now speaking out represent a small minority of those mistreated by fathers the court believed were safe. The descriptions by the Courageous Kids demonstrate the fathers deliberately sought to hurt the mother and children based upon their belief system that the mother had no right to leave them. The children have had little or no contact with their mothers often for many years so we know the mothers could not be influencing the children’s decision to speak out about the fathers’ abuse. These are all too common examples of cases in which the court professionals failed to believe valid allegations of abuse.
The research not only demonstrates the fact that the custody courts get a large majority of domestic violence cases wrong, but also that the standard practices used by court professionals are deeply flawed and make it difficult for judges to recognize legitimate complaints about domestic violence and child abuse.
Court professionals routinely discredit allegations of abuse based upon factors that are not probative. At the same time these professionals do not understand the importance of looking to the abusers’ patterns of controlling and coercive behavior in order to recognize domestic violence. The court professionals often make the mistake of considering each incident and each allegation separately. Genuine domestic violence experts understand the importance of context in recognizing domestic violence, but the mental health and other professionals relied on by the courts do not understand the importance of context and thus make it more difficult to recognize valid allegations of abuse.
One of the big obstacles to recognizing valid abuse complaints is the common use of mental health and other professionals without expertise in domestic violence. The main purpose of considering domestic violence in custody cases is to protect the safety of children. Nevertheless the evaluators relied on by custody courts rarely know how to conduct a safety assessment or what behaviors have been associated with higher lethality and other dangers. The evaluators do not understand domestic violence dynamics and often are unfamiliar with the effects of domestic violence on children or other information based upon the specialized body of scientific research that could be used to better understand domestic violence issues and recognize truthful allegations of abuse.
The new Department of Justice study helps explain why the evaluators and other professionals relied on by custody courts routinely fails to recognize domestic violence. The study found that most evaluators and other professionals relied on by the courts do not have adequate domestic violence training and those with inadequate training are more likely to believe in the myth that women frequently make false allegations of abuse to gain an advantage in litigation. The professionals who believe this myth, in turn are more likely to make recommendations that harm children. In other words judges have little chance to protect the children under their control as long as they rely on these unqualified professionals and tend to believe their deeply flawed analysis.
Judges often become defensive when protective mothers or their attorneys request that any evaluator or other court professional be required to have domestic violence expertise in order to be appointed. We have repeatedly seen judges refuse to listen to domestic violence experts offered on behalf of protective mothers. The courts often focus on the need for a mental health degree even though the academic training for most mental health professionals included no or virtually no domestic violence instruction and the law does not require advance degrees to qualify as an expert (a common example is a mechanic without a high school degree who can testify as an expert in automotive repair based on experience and training).
In recent years most court systems have encouraged and usually required some domestic violence training for court professionals. This is a good thing but has often been implemented in ways that undermine the purpose. Many of the trainings include substantial misinformation such as the belief most contested custody cases are “high conflict” when the research establishes a large majority are really domestic violence cases. Some of the trainings even include Parental Alienation Syndrome (sometimes by another name because of its deserved notoriety) even though it was recently again rejected for inclusion in the DSM-V because there is no scientific basis for it. Many of the trainings fail to include domestic violence advocates or other genuine experts in domestic violence.
We have also seen some really good programs used to train court professionals, but I have heard many trainers complain that some of the judges, evaluators and lawyers pay little attention to the valuable information presented. In one Queens County, New York case I cross-examined an experienced evaluator who went to a really excellent domestic violence training in order to qualify as a parent coordinator. They provided numerous excellent research studies that could have helped him recognize domestic violence and protect children. During my cross-examination it became clear he never read the research and was unfamiliar with the current scientific research he needed to understand the case. When I pressed him about the training he described it as “not a life changing experience.” This was a man who needed a life changing experience because he failed to recognize the obvious history of abuse by the father, demanded the mother cooperate with her abuser and when she continued to try to protect herself and her son, the unqualified evaluator recommended custody for the abusive father. The judge failed to discredit the evaluator based on his failure to read or consider the current scientific research provided at the training.
We need much more and better trainings for court professionals, but there is also the danger that attending trainings can give judges and other professionals a false sense of confidence in their understanding of domestic violence. The findings by Dr. Saunders and his colleagues that most court professionals have inadequate training in domestic violence confirms our concern that in most cases the professionals relied on by the court are not qualified to participate in a domestic violence case without the assistance of a genuine expert. Even if the judge has received good training the court is likely to be influenced by unqualified evaluators and other court professionals. 
The failure to possess adequate training in domestic violence means that it will be difficult for these professionals to recognize and respond effectively to domestic violence, but the widespread belief in the myth that women frequently make false allegations of abuse is a bias that strongly undermines the cases of protective mothers. These mistakes result in frequent findings denying the mother’s abuse allegations which is exactly what the other research has found. If a professional believes the myth they will expect to see false allegations and without training in how to recognize domestic violence they have little chance to get these cases right and protect the children. Even worse, courts having found against the mothers because of the deeply flawed practices and biases are severely punishing mothers and children because the mothers continue to believe their true allegations despite the disbelief of the unqualified court professionals.
A few months ago, in this forum, I wrote an article about the extreme decisions we often see in domestic violence cases. These are decisions in which the alleged abuser receives custody and the mother who was the primary attachment figure is limited to supervised or no visitation. The primary attachment figure is the parent who provided most of the child care during the first couple of years of the child’s life. When children are separated from their primary attachment figure they are significantly more likely to suffer depression, low self-esteem and to commit suicide when older. It can never be right to separate children from their primary attachment figure unless she is unsafe such as a drug addict, someone who beats the kids or otherwise poses a danger. In most of these cases the father allowed or even demanded the mother provide child care until she decided to leave him. It should be obvious that her decision to leave a man she found to be abusive does not make the mother unsafe. Unqualified court professionals frequently limit the mother’s contact with her children based upon some version of alienation or pathologizing the mother based on psychological tests that were not made for the populations seen in custody cases. We know the diagnosis is not safety related because the mother functions fine in all other aspects of her life except interacting with her abuser and the court professionals supporting him. These are not safety issues so these extreme decisions can never be beneficial to the children.
The reliance on court professionals with inadequate training and belief in the myth takes place in the context of many other common mistakes discussed in earlier research. The courts cannot protect mothers and children in domestic violence cases if they cannot recognize domestic violence when it is present. The frequent decisions that harm children are confirmed by later findings and information, the extensive research court professionals routinely fail to consider and the new Department of Justice study and they provide multiple confirmations of the present inability of custody courts to recognize domestic violence and child abuse when it exists.
Misuse of Mothers’ Anger and Emotion 
Let’s look at this issue from the mother’s perspective and in the context of her experience. These are domestic violence cases. The father usually has a long history of controlling and coercive behaviors and the mother has finally gained the courage and resources to leave her abuser in order to protect her children. She is fearful because of the many threats he made of what he would do if she left and knowledge that the most dangerous time for a woman is after she has left. She is angry at the way he has mistreated her and often the children. She may be worriedabout her ability to support and protect her children because her partner has been telling her how useless she is throughout their relationship.
Even if the father’s physical abuse ends when he no longer has access to the mother (which makes unqualified court professionals believe he is now safe), he continues his domestic violence through litigation abuse and often other ways. The abusers often use any contact provided by the court to seek reconciliation and/or to harass and attack her verbally or psychologically. Many women expect the courts to protect her children because the evidence is so overwhelming and instead find the court pressuring her to cooperate with her abuser and punishing her if she tries to protect her children from a man they have found to be hostile and dangerous. In other words she has good reason to be angry and emotional and in fact this would be a normal reaction to her experiences.
The research contained in our book and elsewhere supports this understanding and analysis. We discussed the common mistake of custody courts that treat the mother’s actions as a litigant as if they were an indication of her behavior as a parent. Over forty states and many judicial districts have created court sponsored gender bias committees. These committees have found widespread bias particularly against women litigants. One of the common examples of gender bias was blaming women for the actions of their abusers. One of the typical examples of this bias is when courts blame mothers for their anger and emotion caused by the father’s mistreatment of them and their children. In many cases the abusers deliberately harass or pressure them shortly before a court appearance is scheduled in order to obtain an emotional reaction the court is likely to misunderstand. Abusers tend to be extremely manipulative and so after their abuse that the judge does not see, come to court calm and cooperative. Court professionals are often fooled by this act.
The new Department of Justice study confirms what we said in our book and other similar research. Dr. Saunders found that court professionals frequently treat mothers’ anger and emotion as far more important than it actually is in terms of the well being of children. These professionals may be uncomfortable with the mothers’ emotions particularly if she criticizes their response to the father’s abuse. Clearly these are difficult and unpleasant issues to confront. The misinformation treating contested custody as if it were “high conflict” when it is actually domestic violence contributes to the misunderstanding of the mothers’ anger and emotion. The professionals are focused on forcing the parties to cooperate even though this is not the best approach for children. When the parties have difficulty cooperating and certainly in domestic violence cases, parallel parenting is a more effective approach for children. The problem, as demonstrated by the Saunders’ study is that these professionals are focused on their beliefs and preferences rather than research about what works best for children. The custody courts did not get into the practice of looking to current scientific research and particularly the specialized body of research about domestic violence because there was no such research when the initial court practices were developed. We now have substantial research that would help inform court decisions and avoid the frequent mistakes but court professionals rarely look to this research to help them make better decisions. This is why we rarely see custody courts weigh the benefits and harms to children of a proposed resolution. The Department of Justice study establishes that these flawed practices lead to decisions that hurt children.
Cottage Industry Supporting Abusive Fathers 
We often hear complaints about corruption in the custody court system. This belief is supported by the many cases in which courts make findings that are far removed from a fair evaluation of the evidence and decisions that seem to be disconnected from the well being of the children involved. There are cases of outright corruption such as the Garson case in Brooklyn, New York, but more often, I believe courts create the appearance of corruption because of bias, ignorance and deeply flawed practices. One of my concerns with complaints about corruption is that it makes it harder for judges in the broken system to hear the complaints and create the reforms that are needed. An important contributing factor to the widespread belief in corruption is the cottage industry that has been created to support abusive fathers.
Most contested custody cases involve abusive fathers seeking custody as a tactic to pressure their victims to return or punish them for leaving. Domestic violence is all about control so these abusive fathers usually have controlled the family finances and have these resources to support their custody litigation. Somelawyers and mental health professionals have figured out that they can make a large income by supporting practices and approaches that support abusers. We often see them advertise as supporting “fathers’ rights.” In many cases we see fathers’ attorneys and GALs promoting the appointment of evaluators who support abusive fathers. It is particularly frustrating when judges refer to these professionals who regularly support abusers as “neutral professionals.”
Protective mothers often have no chance when these biased professionals are appointed regardless of how strong their cases may be. Many of the mothers have complained that the evaluators and GALs make misrepresentations to the court in order to justify findings in favor of the abusive fathers paying their fees. When such professionals lie to the court about the evidence or to justify fees they did not earn, the mothers are justified in complaints suggesting corruption.
Many of these biased professionals strongly support PAS despite a lack of scientific justification. Significantly, PAS is based upon the assumption that virtually every complaint by mothers about the father’s abuse is deliberately false. The Department of Justice study found a problem with inadequately trained professionals who believe the myth that women frequently make deliberately false allegations of abuse. The unqualified professionals supporting PAS are even worse assuming that virtually all such allegations are false. The courts have virtually no chance of making the right decision if they treat such biased professionals as having any credibility.
The Department of Justice study’s contribution to this issue is a finding that evaluators working for the court or the county made recommendations that worked better for children than those of evaluators in private practice. When Dr. Saunders described this finding at a workshop during the NCADV Conference I asked him if he thought the findings supported our concerns about the cottage industry that has developed to support abusive fathers. He agreed this was a good interpretation. Evaluators working for the court or county are not paid extra for each evaluation so they have no incentive to favor the wealthier parent.
Professionals often have fundamental conflicts of interest. Medical doctors who schedule tests or procedures will earn money from performing the services they recommend. Tests may be scheduled to shield the doctor from potential lawsuits rather than to benefit the patient. Lawyers who recommend going to trial, starting a lawsuit or making a motion will earn money when the client takes their advice. Similarly, mental health professionals benefit financially when patients accept recommendations for more services. The conflict of interest is largely unavoidable and the professionals are expected to have the integrity to act in their client’s best interests instead of their own. Unfortunately some of the evaluators and lawyers, particularly those supporting abusive fathers have not fulfilled this ethical obligation.
We have repeatedly seen problems in custody courts with mental health professionals and particularly ones sympathetic to abusive fathers making recommendations requiring protective mothers to use their unwanted and unneeded services. We see these biased professionals pathologizing mothers who have always taken good care of their children with diagnoses that are clearly wrong. This would include the frequent finding of rare conditions such as Munchausen Syndrome by Proxy, conditions like paranoia or delusional based on the mothers’ continued belief in the father’s abuse despite the failure of the court professionals to recognize his abuse and other emotional problems that magically seem to affect only her relationship with her abuser and the court. They seem oblivious to the fact that that she does fine in other parts of her life that under any unbiased circumstances would rule out the claimed diagnosis.
Some of these mistakes are clearly deliberate and qualify as corruption. Other cases may involve bias and ignorance and a lack of the needed qualifications as the Saunders’ study demonstrates. When the professionals who are part of the cottage industry engage in gender bias they usually do so without realizing it. Many actually believe in the theories and practices they use despite a lack of scientific basis. Some of this can be explained by confirmation bias where the professional focuses on information or accusations that support what the professional expects to find and ignores information that undermines their theories and assumptions. We see this kind of mistake frequently in domestic violence custody cases and the mental health professional is often unconscious that they are engaging in confirmation bias. In fact they are likely to become defensive and angry at the suggestion. The Department of Justice study demonstrates the harm of using professionals who are part of the cottage industry and the need for custody courts to screen court professionals to avoid relying on them. Even worse, courts often use these unqualified professionals to train other court professionals. This can only serve to spread misinformation which makes it harder for court officials to recognize the problems demonstrated by the Saunders’ study and other current scientific research.
Conclusion 
The custody court system tends to look at each case and each issue or event in a case separately. This is based on a belief that just because a man slapped his wife on Monday does not mean he punched her on Friday. The court system uses stare decisis which means once a case or an issue has been decided the same parties cannot relitigate it. There are good reasons for these practices, but they work poorly in domestic violence cases because of the importance of context in understanding domestic violence. We often see cases where the court denies allegations of domestic violence and they may even have been right if there was insufficient evidence. Naturally the abuser continues his abusive behavior so more evidence becomes available, but many courts refuse to hear the new evidence or refuse to consider it in the context of the previous evidence because those issues were previously litigated. In doing this the court is denying itself the ability to recognize the pattern of the father’s abuse and protect the children. Domestic violence experts are confident that the custody court system is broken because we see the pattern of mistakes and harmful decisions, but the powers in the court system are offended at the criticism and cannot believe the problem because they refuse to look at the patterns.
The findings of the Department of Justice study, by itself, provides convincing documentation that the custody court system is getting a large majority of domestic violence custody cases wrong. It would be impossible for courts to get most cases right when most of the court professionals have inadequate domestic violence training, those with inadequate training tend to believe the myth that women frequently make false allegations, the courts are placing too much weight on mothers’ anger and emotion and the evaluators who earn additional money through appointment in custody cases are making decisions more harmful to children then those who do not have a financial incentive. This study was not made in a vacuum, but was produced in the context of a substantial and growing body of scientific research that establishes the custody courts are making bad decisions in contested custody cases that endanger children. The research also establishes that the standard practices used in the custody courts are deeply flawed and outdated.
I am hopeful that a study coming from the U. S. Department of Justice will be harder for the custody court system to ignore. They have a strong reputation and can only be considered neutral. Furthermore, the courts frequently seek grants and other funding from the Department of Justice. Protective mothers and their attorneys can cite this research and it should be harder for the courts to ignore. I can’t wait until it is published on the DOJ web site.

UPDATE:
 Child Custody Evaluators’ Beliefs About Domestic Abuse Allegations: Their Relationship to Evaluator Demographics, Background, Domestic Violence Knowledge and Custody-Visitation Recommendations, Final Technical Report Submitted to the National Institute of Justice, U.S. Department of Justice (October 31, 2011). Principal Investigator: Daniel G. Saunders, Ph.D., Co-Investigators: Kathleen C. Faller, Ph.D. and Richard M. Tolman, Ph.D. University of Michigan, School of Social Work, 1080 S. University Ave., Ann Arbor MI 48109-1106 USA. (“This project was supported by Grant No. 2007-WG-BX-0013 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position of the U.S. Department of Justice.”)

Monday, June 1, 2015

CT STATE LEGISLATURE APPROVES FAST-TRACK DIVORCE!

Special Note:  I probably should have reported on this sooner.  However, it is so frustrating to see a frivolous bill like this pass while Bill #5505 for which there was a vital need was simply ignored.  So I was too busy rolling my eyeballs earlier in the month to post this info.
Ken Dixon of The CT Post reports as follows:
"Childless couples could agree to streamlined, amicable divorce settlements in just a few weeks under a bill approved in the House of Representatives on Tuesday.
Currently, the fastest couples can legally split is about 90 days, but under the bill those married for fewer than eight years can have their unions dissolved in 30 days.
The bill passed the House by a 135-12 vote and was previously approved in the Senate. It next heads to the governor for his review. 
The bill would allow a couple to file a joint petition and meet 11 requirements, said Rep. William Tong, D-Stamford, co-chairman of the Judiciary Committee, who explained the legislation..."
For more on this interesting topic, please click on the link below:

Wednesday, May 27, 2015

QUINNIPIAC STUDENT PENS RESPONSE TO FAMILY COURT ACTIVISM IN CT!


Nicole A. Carnemolla, 
J.D. Candidate at the Quinnipiac School of Law
Wrote in the Quinnipiac Law Review as follows:


RAISING THE BAR FOR CHILD ADVOCATES IN CONNECTICUT’S FAMILY COURT 

I. INTRODUCTION

When parents are in the midst of a high-conflict custody dispute,judges often appoint either an Attorney for the Minor Child (AMC) or a Guardian ad Litem (GAL) to protect the child’s rights, to advocate for his or her best interests, and, at times, to express the child’s wishes.1 For more than five years, a committee of experienced professionals in Connecticut2 has struggled to improve the quality of the work performed by these child advocates. Despite these efforts, some parents feel that Connecticut’s AMC and GAL system is “horribly broken.”3 Recently, aggrieved parents joined together to voice their concerns and caught the attention of the Connecticut Legislature.4

For more on this article, please click on the link below:

http://www.quinnipiac.edu/prebuilt/pdf/SchoolLaw/LawReviewLibrary/Vol33_Issue2_2015_carnemolla.pdf

Saturday, May 9, 2015

THE ILLUSION OF CHOICE IN CONNECTICUT FAMILY COURTS!

By Elizabeth A. Richter

I was watching a family court proceeding the other day.  There had been a hearing early in the morning and the parties were negotiating in the hallway.  Then, that afternoon the mother's attorney handed his client a copy of his proposed dissolution agreement and said "I want you to sign this agreement right now as is."  

When the mother expressed concern that there were parts of the agreement she didn't think were in her best interests, her attorney said, "As your attorney, it is my legal advice that you sign this agreement."  Waving to his associate and a friend who was sitting nearby, the attorney said, "I have two witnesses here who can testify that I told you that it is my legal opinion that you should sign this agreement.  If you refuse to sign it, you would be going against attorney's advice"  

Underlying this attorney's words, which in my view were very carefully chosen, was an outright threat to withdraw from the case and leave his client on the lurch.  

So what about this situation?  Can an attorney simply withdraw from a case and leave his client on the lurch, even when they are in the middle of a trial as was the case here?  

My experience is that yes, yes the attorney can do whatever he wants to do.  

Granted this situation where your own attorney can bully and blackmail you into an agreement you don't want, can you ever really say that family court litigants have free choice.  

I say no.

I wasn't always aware of this situation.  No less an attorney than Attorney Debra C. Ruel told me that no judge would allow an attorney to simply withdraw, particularly just before or during a trial.  She said that an attorney wishing to withdraw would have to simply grin and bear it because withdrawing is almost an impossibility.  Within two weeks of her remarks, my attorney had withdrawn with the complete blessing of the family court judge.  

In my experience with family court which is getting to be quite extensive, I have never yet seen an attorney denied a motion to withdraw for any reason.  No matter how ridiculous and obviously trumped up the reason, attorneys always seem to get away with a withdrawal from a case whenever they want to.  

So why the lies?  

I don't know; it seems to be part of the double talk that is fundamental to the profession of the law.  

Officially, the client is supposed to be making the decisions in his or her case.  See Rule of Professional Conduct for Attorneys No. 1.2 "Scope of Representation and Allocation of Authority between Client and Lawyer" which states "a lawyer shall abide by a client's decisions concerning the objectives of representation and shall consult with the client as to the means by which they are to be pursued."  

And further, "a lawyer shall abide by a client's decision whether to settle a matter."  

The commentary on this section makes the interesting point that this rule "confers upon the client the ultimate authority to determine the purposes to be served by legal representation, within the limits imposed by the law and the lawyer's professional obligations."  Of course, this latter exception seems pretty broad! 

Then the commentary continues on to state that while a client may determine the goals of representation, it is the attorney who ordinarily establishes the means by which those goals will be achieved.  In short, "Clients normally defer to the special knowledge and skill of their lawyer with respect to the means to be used to accomplish their objectives, particularly with respect to technical, legal and tactical matters."  

Further down the line, the commentary also includes the remark that "legal representation should not be denied to people who are unable to afford legal services or whose cause is controversial or the subject of popular disapproval."  

These guidelines appear pretty clearcut to me.  So how is it possible that with such firm guidelines placing the client in control of the direction of the representation, that the scenario I described earlier could occur, that an attorney could threaten a client to approve a dissolution agreement as is or else and force her to sign it despite her better judgment?  

What about my situation? I had a similar experience where Attorney James T. Flaherty presented me the parenting agreement in my case and told me to agree to it as is or else.  Later, Attorney Flaherty sat silently during the pre-trial on the custody, and when I asked him finally why he wasn't helping me, he stood up, stated he was going to withdraw from my case, and walked out.  And he got away with doing so without any expression of disapproval from the Judge--Judge Solomon--when this happened.

I'll tell you how this happens; it happens because there are so many loopholes built into other areas of attorney's legal ethics that it is laughably easy for any attorney to nullify completely the mandate conferring decision making authority on the client.  

I had three attorneys withdraw in my case, so let me take a look at the reasons they provided for their actions.  Here is the first one, "The movant seeks to withdraw from this case as client fails to cooperate with counsel, thereby rendering counsel's assistance ineffective."  

Fails to cooperate?  What the heck is that?  I see, fails to cooperate by signing this agreement "as is".  That's a pretty big failure in cooperation.  Failure to do what you are told would be rather uncooperative, don't you think?  

Here is another one, "Movant seeks to withdraw from this case as counsel because there has been a breakdown in the attorney/client relationship".  Yeah, because the client refuses to sign the agreement "as is" and do what he or she is told to do.  

These are grounds for withdrawal that one advocate friend of mine once said, "that are big enough to drive a mack truck through."  

For a better sense of how big the loopholes are allowing an attorney to basically withdraw at will from a case, take a look at the Rule of Professional Conduct for Attorneys No. 1.16 Declining or Terminating Representation.  

Naturally, an attorney may withdraw from a case if a client wishes to use him to perpetrate fraud or a crime.  But more specific to this discussion is item (4) allowing an attorney to withdraw if "the client insists upon taking action that the lawyer considers repugnant or with which the lawyer has a fundamental disagreement."  

So what if the lawyer finds it repugnant, as clearly the attorney in my initial example did, that his client won't sign an agreement "as is."  What then?  

This provision is closely allied to one in item (6) which states that a lawyer can withdraw if "the representation...has been rendered unreasonably difficult by the client." Right, by not doing as the client has been told and signing the agreement, or else try Item (7) "other good cause for withdrawal exists", which I assume means anything else that an attorney can come up with.  

This latter item, by the way, is another example of why an attorney can stand in public in the open corridor and loudly threaten his client because, as we just read, there is absolutely nothing in the attorney's code of ethics to stop him.  

It is even more absurd to think that family court litigants have even a modicum of choice when you consider that they aren't even entitled to "informed consent" which is a fundamental component of decision making.  Again, when it comes to the concept of informed consent, the attorney's code of ethics gives it to their clients in one location, while taking it away in another.

Thus, according to the Rule of Professional Conduct No. 1.4 "A lawyer shall promptly inform the client of any decision or circumstance with respect to which the client's informed consent...is required..."  Further, "This means the attorney should provide sufficient information to the client regarding the tactics the attorney intends to use and whatever information is necessary to understand what is going on."  

Item (b) of this rule specifically states again, "A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."  Also, under "Explaining Matters" the rules state, "The client should have sufficient information to participate intelligently in decisions concerning the objectives of the representation and the means by which they are to be pursued..."  

And then here comes the loophole! 

The end of the sentence says, "...to the extent the client is willing and able to do so."  

Thus, if a client says anything vaguely like "I am not willing or able to listen or understand what you have to say at the moment." how often, or how long, is an attorney required to continue explaining?  Who is the one who is going to assess objectively the extent of a client's willingness and ability?

Isn't this additional phrase another great big opportunity for excuse making when an attorney bypasses the client by misrepresenting or not mentioning the facts essential to making an informed choice and then resolves a case contrary to the wishes of his client?  

And that is not the only area in the Rules of Professional Ethics for attorneys where clients are denied their right to informed consent.  Try a later commentary on this section entitled "withholding information" where it states, "In some circumstances, a lawyer may be justified in delaying transmission of information when the client would be likely to react imprudently to an immediate communication".  

So if your client might "imprudently" refuse to sign an agreement "as is" if he or she were aware of some vital fact, as an attorney, you would be allowed to delay telling your client about it until the agreement was signed.  Isn't this the meaning of that particular clarification?  Again, we have a loophole that is so big, it encompasses the entire Atlantic Ocean as far as I am concerned.  

What is interesting in regard to this part of the commentary on informed consent is that the text singles out people with mental health disabilities as an example, and describes them as not entitled to informed consent.  This written policy is a direct violation of the Americans With Disabilities Act as well as an outright denial of civil rights to people with mental health disabilities.

When you have rules of conduct which are effectively cancelled out later on in the text by extraordinarily large loopholes and/or extensively detailed exceptions, these rules are effectively, to all intents and purposes, eliminated.  

What this means is that the implementation of coercive tactics is a reality in Connecticut family court, particularly the coercive tactic of an attorney threatening to withdraw the day before, or even the day of trial unless the client writes up a substantial check on the spot.  

The coercive tactic of demanding a client sign an agreement based upon the threat that the attorney will withdraw, this is a daily occurrence in family court.  

Then, in the most hypocritical fashion ever, clients who have been bullied and coerced in public in the open hallway in front of friends, court employees, and any stranger that walked by at the time, have to undergo a procedure called the "canvas" where they swear under oath on the stand in open court that they were NOT coerced.  

Not only that, in such agreements there is normally an additional provision detailing the fact that the client was not coerced when, in fact, everyone, often including the judge, knows that the client was bullied all the way down the line.  

What this means, of course, is that the illusion of choice for family court litigants is just that--an illusion.  The bottom line is that the attorneys make the agreements; they do the negotiations.  Then they lie, bully, blackmail, or manipulate--whatever it takes--in order to get their clients to rubber stamp them.  Regrettably, based upon the wording of the current rules of professional conduct for attorneys in the State of Connecticut, family court litigants have absolutely no recourse when that happens.

Tuesday, April 7, 2015

CT NEWS JUNKIE PICKS UP THE STORY ON THE REAPPOINTMENT HEARING FOR JUDGE CHASE T. ROGERS!

Sarah Paduano reports as follows:

Parental rights advocates are using billboards on I-91 and
I-84 to call attention to family court reform legislation
leading up to Friday’s confirmation hearing of Chief
Justice Chase T. Rogers. 

Rogers has been chief justice for eight years. She
was appointed to the position by former Republican
Gov. M. Jodi Rell and was renominated March 31
by Democratic Gov. Dannel P. Malloy.

As chief justice, Rogers has become the target of
parents’ complaints. Last year, lawmakers used the
judicial nomination process to draw attention to family
court reforms, which eventually became law.

“We view the challenge to the Honorable Chase Rogers
to be an important moment to define the rights of
parents,”  Marisa Ringel, a member of the Coalition
for Connecticut Family Court Reform, said.

For more information on this article, please click on
the link below:

Saturday, March 21, 2015

GREENWICH TIME REPORTS ACTIVISTS CONFRONT THEIR REPRESENTATIVES ABOUT FAMILY COURT REFORM!

Kenneth Borsuk of Greenwich Time reports as follows:
"Taxes and tolls got their share of complaints, but it was Family Court reform that dominated a discussion with the Greenwich legislative delegation to Hartford this week.
The delegation -- state Sen. L. Scott Frantz, R-36, and state Reps. Livvy Floren, R-149, Michael Bocchino, R-150, and Fred Camillo, R-151 -- held a coffee hour at the Glory Days Diner early Wednesday to meet with residents. 
Several attendees talked about divorces that had dragged through what seemed like endless issues in the state's family court system and seemed to have a heavier impact on women than men..."
For more information on this article, please click on the link below:



Saturday, March 7, 2015

PROF. EVAN STARK DECLARES CONNECTICUT FAMILY COURT IS AN EMBARASSMENT!

Prof. Evan Stark reports as follows on the  "STOP ABUSE CAMPAIGN" website:
 
"The response by Connecticut Family Courts to abused and protective mothers and their children is remedial, punitive and a public embarrassment, particularly given the State’s pioneering role in protection orders, court-based advocacy, mandatory arrest, specialized law enforcement and training for health, child welfare, police and family relations professionals. Once a model for surrounding states, Connecticut’s piecemeal reforms have left a widening gap between the Family Court response, reform in other states and best practice recommendations by major professional organizations such as the National Council of Juvenile and Family Court Judges."
 
For more information on this topic, please click on the link below:

http://stopabusecampaign.com/connecticut-court-is-embarrassment/

Thursday, February 12, 2015

SENATOR LEN FASANO ASKS WHY DCF DOESN'T REQUIRE AN OMBUDSMAN'S OFFICE!

COMMISSIONER JOETTE KATZ ON HER SECOND HOUR OF FIELDING QUESTIONS CHALLENGING HER REAPPOINTMENT!

AUDIENCE MEMBERS CONFER DURING RECENT HEARING ON COMMISSIONER JOETTE KATZ' REAPPOINTMENT HEARING!

MICHAEL NOWACKI RAPS ATTORNEY NORM PATTIS ON THE KNUCKLES, CAUTIONS HIM TO STICK TO THE FACTS ABOUT FAMILY COURT REFORM!


“Misrepresentations” versus “Misremembrances”

The events of this week regarding Brian Williams and the posting of an “opinion piece” quilled by Attorney Norm Pattis entitled “Despite Accusations, Family Courts Aren’t Corrupt” merit a response.

After reading Attorney Pattis scribed observations, I reached out to Attorney Pattis via phone messages left to his offices, to his well followed Twitter account and by email.  Attorney Pattis suggested that I contact the editors about the concerns in regards to factual statements which are unsupportable by evidence and in regards to other “observations” about sworn testimony provided by Judge Stephen Frazzini’s recent re-appointment hearing on January 23, 2015.

First, Attorney Pattis was not present on January 23 2015 at the public hearing in front of the legislative judiciary committee.  I was present as both as an observer and as a participant. 

Apparently Attorney Pattis never reviewed the CT-N coverage available for fact verification before his articulation in the Connecticut Law Tribune.

Attorney Pattis indicated that that “disgruntled litigants appeared before the Judiciary Committee where whipped up by the likes of Hartford State Representative Minnie Gonzalez, they flung as much mud as they could muster at the man.  It was disgraceful.”

Misrepresentation versus Misremembrance #1:  CT-N footage available on line will show not one “disgruntled” litigant spoke to the judiciary committee in opposition of Judge Stephen Frazzini on January 23, 2015.  Attorney Pattis refused to correct his error and readers can draw their own inferences about whether that represents a misrepresentation or misremembrance. 

Misrepresentation versus Misremembrance #2:  Representative Minnie Gonzalez whipped up the “disgruntled litigants” on January 23, 2015.  The question here:  How can you whip up an empty bowl?

Misrepresentation versus Misremembrance #3:  “The Justice Department might be looking into his failure of memory of some deeper conspiracy.  This is tripe, pure and simple.”

On the evening of January 27, 2015 at 8:29 pm, I sent an email to the address of Judge Frazzini at stevefraz@comcast.net and copied the external affairs director, Attorney Melissa Farley for good measure, indicating that portions of Judge Frazzini’s sworn testimony on January 23, 2015 was “material false and misleading” in regards his national only membership in the AFCC and whether he knew whether the chapter in Connecticut ever got off the ground.

In this email, I suggested that Judge Frazzini issue a letter of correction to his testimony because he was listed as #43 on the Connecticut Chapter’s 2014 membership roster, yet failed to recollect than membership.

I asked him to post such a “letter of correction” on the public testimony of the judiciary committee.  I indicated that if he failed to do so, I would be posting a letter on his behalf in opposition to his re-nomination because he had delivered “material false and misleading testimony” under oath, a criminal charge pursuant to the application of C.G.S. 53a-156. 

Judge Frazzini denied that he had conflicts of interest defined in the Committee on Judicial Ethics ruling in 2013-15 in appointing AFCC Board members to positions as court appointees as GALs, AMCs and court appointed psychologists in essence because he correctly stated that the advisory opinion related to “members of the Board of Directors. 

Judge Frazzini indicated however, that he “would consider” these issues “seriously”.

On Wednesday, January 28, 2015, Judge Frazzini wrote a letter to the Chairs of the Judiciary Committee to “recant” portions of his testimony.  The problem with the letter was that it was not posted on the judiciary committee webpage as “public testimony” and the letter to Senator Eric Coleman and Representative William Tong was not immediately distributed to all of the committee members.

So, let the record note that the AFCC CT Chapter membership list and my letter in opposition to Judge Frazzini was sent for posting on the judiciary committee’s website inasmuch as Judge Frazzini still had to be confirmed by the members of the General Assembly.  That vote was to be conducted on Friday, January 30.

Misrepresentation versus Misremembrance #4: Representative Gonzalez spoke on the floor of the House of Representatives concerning a letter received by the Chairs of the Judiciary Committee which attempted to “correct statements made” by Judge Frazzini.

As Representative Gonzalez began to speak, the Chamber had to be “quieted” in order to hear her comments.

The letter from Judge Frazzini contained more misstatements of fact.  Although this letter was not a sworn affidavit it contained three specific flawed statements.

First misstatement in the letter involved properly recollecting who had posed questions in the Judiciary Committee hearing concerning his CT Chapter membership.

To correct the misremembrance of Judge Frazzini articulated in his letter dated January 28, 2015, it was Representative Gonzalez, not Representative Dan Fox, who asked questions about his membership in the CT Chapter of the AFCC.  If Attorney Pattis had reviewed the video on CT-N before defending Judge Frazzini’s testimony, you would have seen that Rep. Gonzalez held up a list of the CT Chapter members and tried to present that list to Representative Fox and Senator Coleman suggested that be done outside of the committee proceeding of January 23.

Second, Judge Frazzini incorrectly stated that his membership to the Connecticut Chapter started in 2012.  The Chapter was not incorporated with the Secretary of State’s Office until March 26, 2013.  The list provided to the judiciary committee was a membership list in 2014.  An additional membership list obtained last week lists judge Frazzini as an AFCC national chapter in 2010.

Third, Judge Frazzini’s sworn statement on January 23, he was not aware of whether the “CT Chapter of the AFCC had gotten off the ground” was either a misrepresentation or misremembrance inasmuch as Judge Frazzini identified Judge Lynda Munro as a “mentor” and Judge Murno was listed as a member of the Board of Directors of the AFCC when the incorporation documents were filed.

“Plausible deniability” is a principle of law.  It is not plausible that Judge Frazzini knew “nothing” about the existence of a CT Chapter, inasmuch as Judge Frazzini was sitting on the Family Commission with Judge Munro.

Fourth, and perhaps the most egregious of the gaffes in Judge Frazzini’s letter of January 28, 2015 is that he called the national AFCC offices in Chicago.  The AFCC headquarters are in Madison, Wisconsin.  Representative Gonzalez called attention to this misrepresentation in her oratory on January 30.

Misrepresentation versus Misremembrance #5:  Attorney Pattis comments concerning whether the DOJ was investigating this issue of “perjury” misstates a fact.

The Office of Chief State Attorney received a sworn affidavit from me on Monday, January 26, indicating that sworn testimony to the judiciary committee of Judges Thomas Parker on January 16, 2015 and Judge Taggart Adams on January 23, were “material false and misleading.”  The sworn affidavit detailing the allegations of perjury were posted on the judiciary committee website under public testimony on the date of January 23. 

In addition, the Deputy Chief State Attorney Leonard Boyle also acknowledged the receipt of my complaint letter detailing the perjury allegations made on Judge Frazzini’s testimony on Wednesday, January 28.  If Norm Pattis wants to fact check my sequence of events, he can contact Attorney Boyle at (860) 258-5800.

In addition to reporting the information above to the Deputy Chief State Attorney, these same allegations were reported to the FBI Task Force hotline as well last week.

Attorney Pattis has no more knowledge as to whether the FBI or the DOJ will be considering any actions on the perjury allegations or other matters of family court corruption being reported daily to the FBI Hotline.  His commentary on that subject is merely speculation not a fact.

Intakes have been taken by the FBI hotline include judges failing to include foreign dividend income and foreign assets (including Swiss bank accounts) in family court utilized financial affidavits or the failure to report income by court appointed GALs and AMCs.

Misrepresentation vs. Misremembrance #6  Attorney Pattis has a well-regarded, well-respected and well-earned reputation as a civil rights advocate over his distinguished career.

Those of us who are involved in seeking “much overdo” legislative reforms in the operations of the family court system had our views validated in a “family court satisfaction survey” issued by the judiciary on Tuesday, February 10, 2015 and available for Attorney Pattis review on jud.ct.gov.

Yesterday, the judiciary committee agreed to move forward to draft legislation to address the misuse by judges of “pay per view” parenting issued in orders of supervised visitation as an example of an abuse of “judicial discretion”.

What Attorney Pattis seems to have “misremembered” is that “the liberty” interests of parents to the care, custody and companionship of their children is well defined in federal case law since Yick Wo v. Hopkins 18 U.S. 356 in 1886.

This citizen will assist in the defense parental rights as an unenumerated right pursuant to the application of the Ninth, Fifth and Fourteenth Amendment.

In publishing his article yesterday entitled “Despite Attorney Pattis seems to have “misremembered” his earlier years where “civil rights” mattered to him as a matter of principle and of law.

We trust that Attorney Pattis will admit to the errors of factual misrepresentation and issue a proper correction.

Whether Attorney Pattis places any value on the “court of public opinion” when “misrepresentations” are arm-wrestling in the headlines with the word “misremembrance”, is “of the moment”.

 

Submitted,

 

Michael Nowacki
Family Court Reform Advocate
319 Lost District Drive
New Canaan, CT  06840