VERBAL ABUSE IS A SERIOUS HEALTH ISSUE!

IT'S ON US TO STOP SEXUAL ASSAULT!

MONDAY, SEPTEMBER 22, 2014, RULES COMMITTEE MEETING!

Rules Committee Meeting

Monday, September 22, 2014 at 2:00 p.m.

Supreme Court Courtroom

Supreme Court Building

Agenda

1-1. Approval of the minutes of the meeting held on May 19, 2014.



1-2. Proposed Rules Committee meeting schedule for 2014/2015.



1-3. Proposal by Judge Eddie Rodriguez, Jr. concerning Notice of Administrative Suspension of Attorneys (first time being considered).



1-4. Proposal by Judge Jon Alander to amend Section 40-13(a) to add to that section the obligation of a prosecutor to make "a reasonable affirmative effort" to obtain the criminal history of a state’s witness, as required by State v. Siano, 216 Conn. 273 (1990); and to amend Section 40-11 to eliminate the requirement that the defendant make a written request that the state disclose exculpatory information and materials (first time being considered).



1-5. Proposal by Attorney Kevin G. Smith to amend the Practice Book to explicitly allow a party to file reply memoranda (first time being considered).




1-6. Proposals by several individuals to revise various Superior Court rules and forms. Referred to the Rules Committee by the Supreme Court from its public hearing on rules and forms held on April 14, 2014. Those proposals are as follows:



A. Proposal by Attorney Joseph P. Latino to amend the wage and financial institution execution forms (JD-CV-3a and JD-CV-24);

Proposal by Attorney Eric H. Opin to amend the financial institution execution form (JD-CV-24).



B. Proposal by Ms. Jane Doe #1 to amend Rule 3.11 of the Code of Judicial Conduct to add a provision requiring a probable cause hearing, when a judge fails to acknowledge having served as a director of a nonprofit corporation and fails to disclose this in awarding contracts to board members.



C. Proposal by Mr. Eric Stevens to add new subsections to Rules 1.2, 1.5, 1.6 and 1.14 of the Rules of Professional Conduct to require an attorney who has been appointed as a guardian ad litem (GAL) or as attorney for a minor child (AMC) to: Agenda September 2014.doc 2




(1) notify the court if they become aware of threats to the safety of a parent;



(2) provide to the judicial authority in advance of appointment retainer agreements, hourly fees and payment terms;



(3) notify the court if they become aware of reports of child abuse or neglect;



(4) treat minor children in custody disputes in the same manner "as any client who is an unimpaired adult," and to amend Rule 3.3 of the Rules of Professional Conduct to require that any GAL or AMC who knowingly or willfully does anything dishonest in court be prosecuted for criminal perjury.



D. Proposal by Ms. Marisa Ringel to adopt new Section 25-70, requiring an evidentiary hearing prior to an order of supervised visitation and providing that orders of supervised visitation will not remain in place for more than three months.



E. Proposal by Hector Morera seeking the repeal of Practice Book Sections 25-62 and 25-62a, concerning the appointment of GALs and AMCs.



F. Proposal by Ms. Susan Skipp that the provisions of Practice Book Section 25-60a are inadequate to ensure the confidentiality and privacy of medical records and psychiatric evaluations.



G. Proposal by Mr. Daniel M. Lynch seeking to clarify Practice Book Sections 2-49, 2-52, 2-71, 62-4, and 63-10.



H. Proposal by Ms. Sojourner Truth to modify Practice Book Section 23-68 to require an incarcerated self-represented party’s written consent as a prerequisite to ordering a videoconference hearing.



I. Proposal by Ms. Sara Burns suggesting modifications to Practice Book Section 7- 19 to "promote [the] same access for self-represented parties to standard discovery within thirty days of the issuance of the subpoena, as is mandated by [Practice Book §] 25-32 (a)."
 

J. Proposal by Ms. Jane Doe #2 that attorneys should be required to co-sign financial affidavits "under threat of sanctions and incarcerations, which is required of all self-represented litigants."



K. Proposal by Ms. Kate Howard for a new rule concerning the foreclosure docket. Agenda September 2014.doc 3




L. Proposal by Queen of Sheba concerning Practice Book Section 17-45, pertaining to summary judgment motions.



M. Proposal by Anon #5 to amend Rule 3.2 of the Code of Judicial Conduct to prohibit judges from appearing at public hearings, other than confirmation or reconfirmation hearings, unless a subpoena has been issued by the Office of the Attorney General.



1-7. Proposal by Ms. Anonymous that a new Practice Book Section be adopted requiring that transcripts and memoranda of decisions involving children’s medical conditions and treatment be redacted (suggestion received during testimony at May 19, 2014, public hearing).



1-8. Proposal by Attorney Lori Petruzzelli that the Rules Committee consider Section 23-61 in light of Public Act 14-156, An Act Concerning Arbitration in Motor Vehicle Cases (first time being considered).



1-9. Comments from various individuals received during the Rules Committee’s Public Hearing held on May 19, 2014, regarding Public Act 14-3, AAC Guardian Ad Litems and Attorneys for Minor Children in Family Matters.




Letter from Judge Bozzuto regarding comments received by the Rules Committee concerning Public Act 14-3.



1-10. Such other matters as may come before the Rules Committee.

CT LAW TRIBUNE COMMENTS ON THE NEW GAL SLIDING SCALE!

The state has taken a step into the legal fee-setting business.


In wake of heated debate during the last legislative session over the cost of guardian ad litem and related services, the Judicial Branch has created a sliding fee scale in an attempt to control how much low- and moderate-income parents pay for for GALs, attorneys for minor children and other court-appointed lawyers who take part in contested custody cases.


The fee scale, which takes effect Oct. 1, will apply in instances where the combined annual gross income of both parents is between $39,062 and $100,000. Family law practitioners say the market rate for GALs is about $300 an hour, and some parents have complained that's led to total fees in a handful of contested custody cases of $30,000 or more. Under the sliding scale, the hourly fees will be considerably less.


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


http://www.ctlawtribune.com/id=1202670484497/New-Pay-Scale-Restricts-Fees-For-Many-GALs#ixzz3DlfLZNIm

"THE HOUR" REPORTS DCF ADMITS MISTAKES IN GONZALEZ CASE!

STAMFORD -- The state Department of Children and Families has admitted that it acted on a mistaken belief in taking a North Stamford mother's adopted son away from her, resulting in a two-year legal battle "riddled with errors and misjudgments," court documents show.


In its supplement to an appeals case filed on Sept. 12, the agency admits that "there was never a proper cause for Santiago G.'s removal from Maria G. and for his placement in state custody and subsequently never an opportunity granted for Santiago G. and Maria (Gonzalez) to begin to reunify."


"First, the only sustainable basis to warrant initial state intrusion into the lives of Santiago G. and Maria G. is now well-established to have been a mistake -- specifically the concern that Maria G. had engaged in human trafficking -- has been demonstratively disproven," the appeals supplement reads.


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


http://www.thehour.com/news/norwalk/court-documents-dcf-calls-intervention-in-gonzalez-case-unnecessary-and/article_2c11ad50-ca95-5f7d-af47-8948f62620e4.html

Kerry Washington Public Service Announcement on Domestic Violence

KERRY WASHINGTON SPEAKS OUT ABOUT DOMESTIC VIOLENCE THROUGH FINANCIAL ABUSE ON THE HUFFINGTON POST!

According to the Huffington Post, Kerry Washington wants to keep the conversation about domestic violence going.  In a recent article, the Huffington Post reported as follows:

On Monday, the Emmy-nominated actress spoke out about an often-overlooked reason why women stay in abusive relationships: financial abuse.

"It's the reason why so many people stay," she said in an interview with The Huffington Post. "That whole hashtag #WhyIStayed that happened last week, you saw how many of those responses were about feeling trapped financially."

The "Scandal" star appeared at an event in New York as an ambassador for The Allstate Foundation, which runs an initiative called “Purple Purse” to raise awareness of domestic abuse. As the campaign's spokeswoman, Washington designed a limited-edition purple purse to draw attention to the role of money in abusive relationships.

Financial abuse is a tactic often used by abusers to control and isolate their partners. It takes many forms: Abusers may drastically limit their victims' access to cash so they have no money of their own if they want to flee. They may sabotage their victims' ability to work, or pile up debt under their victims' names. Experts cite financial abuse as one of the top reasons why many victims are unable to escape abusive relationships.

"I think people just aren't as aware of financial abuse," Washington told HuffPost. "If a woman isn't even aware of the dynamics of financial abuse -- what it looks like, what it is -- she may not even know that that's part of the tools being used to control her and manipulate her and keep her trapped. When there is more information around it, people can begin to identify it and then get the help they need."

Washington said she loved designing the bag and hoped it would spur more conversations about domestic violence. "A purse is a powerful symbol," she said. "It's where a woman's economic power lives."

On "Scandal," Washington plays Olivia Pope, a firebrand D.C. crisis handler with a team of "gladiators in suits."

One of those gladiators, Abby Whelan, is a domestic violence survivor whom Pope helped rescue from her abusive husband in a subplot on the show. Washington said fans often approach actress Darby Stanchfield and thank her for not shying away from such a tough issue.

"We've actually been told that this season is going to be a really strong season for Abby's character. I wonder if we'll get to see more of how that dynamic played between them as friends, as Olivia stepped in to help get her out of that relationship," she said. "I'm very curious to see how that plays out."

Washington also released a PSA on financial abuse.

"Finances are almost always a weapon of choice," she says in the video. "Taking away access to cash, destroying credit, jeopardizing jobs -- financial abuse leaves invisible bruises that can take decades to heal."

All proceeds from the initiative will go to domestic violence organizations nationwide to support their efforts helping survivors rebuild financial security.