It isn’t often that most people have a chance to read an actual divorce and custody story that is being appealed to Maine’s Supreme Court, as we write this. Child custody appeals are relatively rare. Most people, who might wish to appeal, are intimidated by the process; many are discouraged by lawyers, who don’t wish to offend a lower court judge by asking a higher court to intervene and correct a decision. Then, there is the huge amount of work involved and the not inconsiderable expense.
The process starts with a heartfelt disagreement with a lower court judgment and with the handling of the law in that court. It requires courage to challenge a family court judgment. It also always embodies a determined love of one’s child (children). In effect the appellant is very publicly saying - but in polite legal language - to the court, “You are dead wrong! Your judgment is not only unfair but badly arrived at. The tools you are using and the reasoning process are seriously defective! I strongly protest!” How a skilled attorney approaches this problem and chooses the most important issues out of a welter of possible “plots, subplots and very involved stories” is a matter of legal judgment. Most of us, as parents and family would get lost in a morass of the details that go into a custody fight. The enclosed brief of this particular case demonstrates the vitally necessary partnership between lawyer and client. It is a union of “heart and courage” and ”head” - the level, focused intellectual crafting of the case essentials by a lawyer. It will be, I guarantee you, a most interesting and informative “read”.
We’ve been hearing from family members some of the unbelievable details of this case, Dalton vs Dalton, for just over a year. We have held our breath each time there has been a court hearing, hoping for fairness, for a reasonable turn of events, for a review of hard facts and for correction of a frightening nightmare of misperception being acted out in court. But the process seemed only to get worse as time went on. The extreme and inaccurate views of the court and a Guardian ad litem have, unfortunately, become ever more rigidly entrenched. Hence, the difficult decision to appeal.
We have to say, in no way to diminish this very troubling case, that from our experience with many other friends, the clumsy handling of this case in this court is, unfortunately, by no means unique. This case is a poster child for other very similar cases, and it is an urgent clarion call for urgently needed Family Court Reform in Maine. Like most Family Courts in America today, Maine’s courts are in the views of many, badly broken, dysfunctional and urgently in need of reconceptualization and reconstruction. They have lost their moorings in the law, and they are cruelly hurting many of the families and children that they are supposed to serve.
Please, read the enclosed pdf with the details of the Supreme Court Appeal and see what you think. By all means, share it with friends and legal professionals. Ask the questions: “Is this how our courts should function? Is this your image of what you would expect from a court in a democratic society?”
Finally, who is in charge, where’s the oversight?
To view the case click on the link - Dalton Vs. Dalton CUM-13-521
For more information please contact MeGALalert@gmail.com or find us on Facebook
Showing posts with label judicial oversight. Show all posts
Showing posts with label judicial oversight. Show all posts
Monday, February 24, 2014
Tuesday, October 22, 2013
Women wage campaign to impeach New Jersey judge Paul Escandon
It begs the question of who is providing oversight of the judges - in any state? The public and consumers of any state Judicial Branch are fed the same hash that everything is under control. Or is it? How do we know as a people, as a society that those who should be doling out justice are doing so in a way that is fair and by the law. How do we know that judges have oversight and accountability. That they are being managed? We don't. We have been brought up to trust a system that in many areas is corrupt and has no interest in making sure the system is working the way it is supposed to.
These women are proving just that. One of the women was upset and vented which led to other women connecting. Patterns start to emerge. While this case does not directly relate to a Guardian ad litem it does make one think about whether or not the people who are "managing" Guardians ad litem are themselves being managed. If there is no management of anyone then how do we know that there are no problems?
ABC News
MONMOUTH CO., N.J. (WABC) -- A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. They've filed a petition with the state assembly to have the judge removed.
What's interesting is the role that social media has had in bringing these women together to share their stories. It started with one mother who thought she was alone in her legal battle with Judge Paul Escandon, but she discovered there are dozens with similar experiences.
"All of a sudden, one day I was his mother and the next day I had fewer rights than a babysitter on the street," Rachel Alitoff said.
Full story and video: ABC News
These women are proving just that. One of the women was upset and vented which led to other women connecting. Patterns start to emerge. While this case does not directly relate to a Guardian ad litem it does make one think about whether or not the people who are "managing" Guardians ad litem are themselves being managed. If there is no management of anyone then how do we know that there are no problems?
ABC News
MONMOUTH CO., N.J. (WABC) -- A group of women who say they've been discriminated against by a judge in Monmouth County, New Jersey are now trying to get him impeached. They've filed a petition with the state assembly to have the judge removed.
What's interesting is the role that social media has had in bringing these women together to share their stories. It started with one mother who thought she was alone in her legal battle with Judge Paul Escandon, but she discovered there are dozens with similar experiences.
"All of a sudden, one day I was his mother and the next day I had fewer rights than a babysitter on the street," Rachel Alitoff said.
Full story and video: ABC News
Monday, September 23, 2013
Some youths' guardians might not have visited Iowa Juvenile Home
A failure in the system because the judges and courts that provide "oversight and management" do not do so. In order to assess whether a situation is suitable for a child/ juvenile a Guardian ad litem must investigate. Part of an investigation would require a person to visit the place that a child/ juvenile. Quite often though this does not happen.
Des Moines Register
TOLEDO, IA. — The attorneys and guardians who represent youths at the Iowa Juvenile Home may have been unaware of the home’s use of long-term isolation rooms because they never saw the children’s actual living quarters, officials said Wednesday.
At the first meeting of the Iowa Juvenile Home Protection Task Force, the home’s interim superintendent, Mark Day, told the five members it appeared some of the attorneys may have been less diligent than others in serving their clients.
Under Iowa law, the court-appointed legal advocates for the youths, called guardians ad litem, should make firsthand observations of their clients’ living conditions to determine whether their needs are being met and their rights are not being violated.
Full story: Des Moines Register
Des Moines Register
TOLEDO, IA. — The attorneys and guardians who represent youths at the Iowa Juvenile Home may have been unaware of the home’s use of long-term isolation rooms because they never saw the children’s actual living quarters, officials said Wednesday.
At the first meeting of the Iowa Juvenile Home Protection Task Force, the home’s interim superintendent, Mark Day, told the five members it appeared some of the attorneys may have been less diligent than others in serving their clients.
Under Iowa law, the court-appointed legal advocates for the youths, called guardians ad litem, should make firsthand observations of their clients’ living conditions to determine whether their needs are being met and their rights are not being violated.
Full story: Des Moines Register
Sunday, September 22, 2013
The “Best Interest Police” coming to your divorce
Looked at from a distance, the whole concept of a states Guardian ad litem program is hard to understand from its official description. From what we hear from its users, it doesn't do much-if anything- to help children. It is confusing (and expensive) for families. It is unmanaged and un-supervised and is not accessible to the kind of functional "corrective action" that is available to most public programs. As we see it - operationally, Guardians ad litem have virtually absolute power to act in whatever they choose with divorcing families and children. Compliance with "Rules and Standards for Guardians ad litem" has no enforcement, therefore is purely voluntary on the part of the Guardian ad litem. It is a truly unique institution in democratic America more like the apparatus of a police state.
It might be asked why do non-criminal, non-abusing, divorcing couples need the Best Interest Police to investigate and determine whether their parenting practices and attitudes are in their children's "best interest"? Why aren't all American parents under the surveillance of Guardians ad litem as "best interest police" for their children. In the interests of equal opportunity, shouldn't the parenting practices of all American parents - divorcing and non-divorcing - be watched and evaluated equally carefully for the child's "best interest"? The obvious answer is that a total surveillance of everyone's parenting practices by outside agents of the government, or by whomever, would bring on a violent upheaval that would make the American Revolution seem like a Sunday school picnic. Guardians ad litem in divorces are the "nanny state" on totalitarian steroids.
Conceptually, we would suggest that Guardians ad litem seem to function 'de facto' as "Child's Best Interest Police", empowered by judges to look for the "evil that lurks in the hearts of 'men' (humans)". Watch out as those neighbors, friends of your spouse and others line up to share their thoughts about your parenting skills (and much more) in secret exchanges with a Guardian ad litem. Though there are "Rules and Standards for Guardians ad litem", there is no administrative "oversight" (no enforcement) from the mother organization, the Judicial Branch of state government. Such "oversight" as there might be comes from a feeble complaint process that depends on the courage of consumers to face-off against the "Best Interest Police" in the "Mother house" of all lawyers, the Overseers of the Bar.
It is a situation that is beyond "David and Goliath" to have the courage to complain to the Overseers. It is an all or nothing, winner-take-all situation and the odds against a complainer winning are formidable. Filing a consumer complaint, forces consumers to address both the substance of their Guardian ad litem complaint and the prejudice of the lawyers in the Overseers, who firmly believe that their colleague Guardians ad litem are "wonderful, do good work, help many children", unfounded opinions openly expressed by the Family Law Advisory Commission (and other Judicial Branch officials). How do you tell powerful people who admire and respect Guardians ad litem, that their colleagues, that the people they esteem have "messed up"? Where do you run for cover from a vindicated, vengeful Guardian ad litem when your complaint is dismissed? Where is the protection for a "complainer"?
It may be deemed impertinent for us to ask: "Why has no one ever done any formal program evaluation of this hugely expensive, , much criticized, run-away program? Are Guardians ad litem really "doing good work" or "helping children"? What do families say? What do children say? What do objective child-development evaluators (outside of the sweep of Judicial Branch/Muskie School influence) say? Is the program working for public benefit? Are kids better for having had a Guardian ad litem? After 39 years doesn't it need formal study and, perhaps, a bit of program tweaking? Where's the data? Why is there NO program evaluation data?
We would say that the absence of any well-founded program evaluation after 39 years is itself a public scandal. There are many symptoms of program dysfunction and many witnesses to this dysfunction. Program evaluation needs to move beyond judicial , "feel-good" anecdote.
Please comment here or contact us at NationalGALalert@gmail.com. There is also a Facebook page that is maintained that covers current issues and concerns. If you would like to express your opinion we would encourage you to take our survey on Guardian ad litem performance and or cost.
Saturday, April 13, 2013
Is this a Violation of Maine's Constitution by Judiciary and Guardians ad litem
The following letter suggest that there are serious issues with regards to LD522 and whether if it is implemented would be a violation of Maine's Constitution. This is not the first time where we have seen what would be an infringement of ones Constitutional rights here in Maine. This though holds the potential of being on a much larger scale.
April 10, 2013
Maine Judicial Committee
100 State House Station
Augusta, Maine 04333
Dear Judicial Committee Member,
Please find within a friendly reminder regarding LD 522; upon accepting your State of Maine Government position, you took an oath and made a pledge to up hold both the Maine and United States Constitutions.
The Maine Constitution is very direct and clear that powers and responsibilities delegated to the Legislator, Governor, and Judicial Branch cannot be under any circumstances sub-delegated.
Whereas, LD 522 clearly does in fact sub delegated the responsibilities and power of oversight regarding Guardian Ad Litem’s to a private and non-government entity; being the Board of Overseers of the Maine Bar.
Therefore, as a member of this judicial committee, you have a responsibility and must reject LD522 and if it should be move forward to the State House and Senate floor; could be a possible act in clear violation of the Maine Constitution. If for some reason, should LD522 be forward to the House and Senate floor; it must contain a proper disclosure that it may be in violation of the Maine Constitution.
I personally find it very troubling that some committee members whom should have a commanding knowledge of the Maine Constitution; would even consider supporting LD 522. Moreover, what is even more troubling is that LD522, was recommended by the Judicial Branch, which should have clearly known that these government powers and responsibilities cannot be sub-delegated to the board of overseers of the Maine Bar!
Another major U.S. Constitutional issue is the sub-delegation of powers in granting immunity or quasi - immunity to attorneys, or guardian ad litems that only represent individuals or a small group of individuals of the general public is prohibited; compare to attorneys that represents the vast majority of the general public with Constitutional rights which is acceptable. Therefore, LD 522 granting guardian ad litem quasi – immunity is in clear conflict with the U.S. Constitution and the U.S. Supreme Court opinion’s which have made it very clear as whom can be granted immunity and quasi-immunity. Therefore those attorneys, or guardian ad litems which only represent a child, or small group of children in a particular family will not qualify for any type of immunity, or quasi - immunity.
In closing, this committee should not recommend or allow LD522 to continue on to the floor of the Maine House, or Senate; due to what appears to be major Constitutional violations and conflicts.
Respectfully submitted by,
R Baizley
If you have an interest in bringing about Guardian ad litem reform please contact us at NationalGALalert@gmail.com or find us on Facebook.
April 10, 2013
Maine Judicial Committee
100 State House Station
Augusta, Maine 04333
Dear Judicial Committee Member,
Please find within a friendly reminder regarding LD 522; upon accepting your State of Maine Government position, you took an oath and made a pledge to up hold both the Maine and United States Constitutions.
The Maine Constitution is very direct and clear that powers and responsibilities delegated to the Legislator, Governor, and Judicial Branch cannot be under any circumstances sub-delegated.
Whereas, LD 522 clearly does in fact sub delegated the responsibilities and power of oversight regarding Guardian Ad Litem’s to a private and non-government entity; being the Board of Overseers of the Maine Bar.
Therefore, as a member of this judicial committee, you have a responsibility and must reject LD522 and if it should be move forward to the State House and Senate floor; could be a possible act in clear violation of the Maine Constitution. If for some reason, should LD522 be forward to the House and Senate floor; it must contain a proper disclosure that it may be in violation of the Maine Constitution.
I personally find it very troubling that some committee members whom should have a commanding knowledge of the Maine Constitution; would even consider supporting LD 522. Moreover, what is even more troubling is that LD522, was recommended by the Judicial Branch, which should have clearly known that these government powers and responsibilities cannot be sub-delegated to the board of overseers of the Maine Bar!
Another major U.S. Constitutional issue is the sub-delegation of powers in granting immunity or quasi - immunity to attorneys, or guardian ad litems that only represent individuals or a small group of individuals of the general public is prohibited; compare to attorneys that represents the vast majority of the general public with Constitutional rights which is acceptable. Therefore, LD 522 granting guardian ad litem quasi – immunity is in clear conflict with the U.S. Constitution and the U.S. Supreme Court opinion’s which have made it very clear as whom can be granted immunity and quasi-immunity. Therefore those attorneys, or guardian ad litems which only represent a child, or small group of children in a particular family will not qualify for any type of immunity, or quasi - immunity.
In closing, this committee should not recommend or allow LD522 to continue on to the floor of the Maine House, or Senate; due to what appears to be major Constitutional violations and conflicts.
Respectfully submitted by,
R Baizley
If you have an interest in bringing about Guardian ad litem reform please contact us at NationalGALalert@gmail.com or find us on Facebook.
Thursday, February 28, 2013
Please Explain How LD 522, SP 212 Will Help Families
There is a bill being that has been presented by our Judiciary that is impossible to understand:
LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws
This bill on Guardian ad litem reform seems innocent enough – if you do not really read through it. On the other hand if you try and understand what is being asked – it appears that the Judiciary is trying to pull a fast one on Maine’s citizens. In reading this bill it appears the Judiciary is asking the Legislature to give them a blank check. To turn the other way as they – the divorce industry, Guardians ad ltem and “stake holders” set the rules and oversight for Guardians ad litem. In almost 40 years the Judiciary, divorce industry and Guardians ad litem have failed to provide any measurable oversight and management of the Guardian ad litem system. It would appear that citizens of the state are being asked to believe in our court system to do the right thing.
Good intentions will not correct the problem that we are faced with. By letting the Judiciary take the process behind closed doors there will be no opportunity to correct the problems that we are all facing. To be more concerned with how the “stakeholders” feel is a sad commentary on Justice in Maine. This bill appears to be bad for the people of Maine and good for those that make a living off of divorcing Maine families. We encourage you to write our Representatives and ask them to explain how this bill will benefit Maine families. If they cannot then they should kill this bill.
For more information and support please contact us at MeGALalert@gmail.com or like us on Facebook for more up to date information.
Judiciary Committee List:
Linda M. Valentino D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
senatorvalentino@gmail.com
John L. Tuttle Jr. D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
SenJohn.Tuttle@legislature.maine.gov
David C. Burns R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
SenDavid.Burns@legislature.maine.gov
Charles R. Priest D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
cpriest1@comcast.net RepCharles.Priest@legislature.maine.gov
Kimberly J. Monaghan-Derrig D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
kmderrig@maine.rr.com RepKim.Monaghan-Derrig@legislature.maine.gov
Jennifer DeChant D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
dechantforbath@gmail.com RepJennifer.DeChant@legislature.maine.gov
Matthew W. Moonen D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
matt.moonen@gmail.com RepMatt.Moonen@legislature.maine.gov
Stephen W. Moriarty D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
smoriarty108@aol.com repsteve.moriarty@legislature.maine.gov
Lisa Renee Villa D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
Villa98staterep@gmail.com RepLisa.Villa@legislature.maine.gov
Jarrod S. Crockett R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
jarrodscrockett@gmail.com RepJarrod.Crockett@legislature.maine.gov
Michael G. Beaulieu R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
mike@mikeformaine.org RepMike.Beaulieu@legislature.maine.gov
Anita Peavey Haskell R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
RepAnita.Peaveyhaskell@legislature.maine.gov
Stacey K. Guerin R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
repguerin@gmail.com RepStacey.Guerin@legislature.maine.gov
Wayne T. Mitchell D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
waymitch10@hotmail.com RepWayne.Mitchell@legislature.maine.gov
LD 522, SP 212 An Act To Amend the Guardian Ad Litem Laws
This bill on Guardian ad litem reform seems innocent enough – if you do not really read through it. On the other hand if you try and understand what is being asked – it appears that the Judiciary is trying to pull a fast one on Maine’s citizens. In reading this bill it appears the Judiciary is asking the Legislature to give them a blank check. To turn the other way as they – the divorce industry, Guardians ad ltem and “stake holders” set the rules and oversight for Guardians ad litem. In almost 40 years the Judiciary, divorce industry and Guardians ad litem have failed to provide any measurable oversight and management of the Guardian ad litem system. It would appear that citizens of the state are being asked to believe in our court system to do the right thing.
Good intentions will not correct the problem that we are faced with. By letting the Judiciary take the process behind closed doors there will be no opportunity to correct the problems that we are all facing. To be more concerned with how the “stakeholders” feel is a sad commentary on Justice in Maine. This bill appears to be bad for the people of Maine and good for those that make a living off of divorcing Maine families. We encourage you to write our Representatives and ask them to explain how this bill will benefit Maine families. If they cannot then they should kill this bill.
For more information and support please contact us at MeGALalert@gmail.com or like us on Facebook for more up to date information.
Judiciary Committee List:
Linda M. Valentino D York County P. O. Box 1049 Saco ME 04072 (207) 282-5227
senatorvalentino@gmail.com
John L. Tuttle Jr. D York County 176 Cottage Street Sanford ME 04073 (207) 324-5964
SenJohn.Tuttle@legislature.maine.gov
David C. Burns R Washington County 159 Dodge Road Whiting ME 04691 (207) 733-8856
SenDavid.Burns@legislature.maine.gov
Charles R. Priest D Brunswick 9 Bowker Street Brunswick ME 04011 (207) 725-5439
cpriest1@comcast.net RepCharles.Priest@legislature.maine.gov
Kimberly J. Monaghan-Derrig D Cape Elizabeth 6 Russet Lane Cape Elizabeth ME 04107 (207) 749-9443
kmderrig@maine.rr.com RepKim.Monaghan-Derrig@legislature.maine.gov
Jennifer DeChant D Bath 1008 Middle Street Bath ME 04530 (207) 442-8486
dechantforbath@gmail.com RepJennifer.DeChant@legislature.maine.gov
Matthew W. Moonen D Portland 17 Pine Street #2 Portland ME 04102 (207) 332-7823
matt.moonen@gmail.com RepMatt.Moonen@legislature.maine.gov
Stephen W. Moriarty D Cumberland 34 Blanchard Road Cumberland ME 04021 (207) 829-5095
smoriarty108@aol.com repsteve.moriarty@legislature.maine.gov
Lisa Renee Villa D Harrison P. O. Box 427 Harrison ME 04040 (207) 776-3118
Villa98staterep@gmail.com RepLisa.Villa@legislature.maine.gov
Jarrod S. Crockett R Bethel P. O. Box 701 Bethel ME 04217 (207) 875-5075
jarrodscrockett@gmail.com RepJarrod.Crockett@legislature.maine.gov
Michael G. Beaulieu R Auburn 27 Sherman Avenue Auburn ME 04210 (207) 784-0036
mike@mikeformaine.org RepMike.Beaulieu@legislature.maine.gov
Anita Peavey Haskell R Milford 17 Pine Street Milford ME 04461 (207) 827-7296
RepAnita.Peaveyhaskell@legislature.maine.gov
Stacey K. Guerin R Glenburn 79 Phillips Road Glenburn ME 04401 (207) 884-7118
repguerin@gmail.com RepStacey.Guerin@legislature.maine.gov
Wayne T. Mitchell D Penobscot Nation 14 Oak Hill Street, Penobscot Nation Indian Island ME 04468 (207) 827-0392
waymitch10@hotmail.com RepWayne.Mitchell@legislature.maine.gov
Friday, February 8, 2013
Guardians ad litem are wonderful according to Deputy Chief Judge Robert E. Mullen and Judge Susan Longley
Maybe the Hon. Robert E. Mullen, Deputy Chief Judge who gave a presentation along with Judge Susan Longley at the recent meeting of the Joint Standing Committee of the Judiciary missed what has been going on this past year. If they are to be believed Guardians ad litem are wonderful and the noise currently being made by concerned citizens is limited to a handful of people. According to them.
A year ago there were only 5 people in the state that voiced concern about Guardians ad litem that we were aware of. A year later we know of almost 400 people who have been touched in a negative way by a Guardian ad litem. These are people from all parts of the state. They are children, parents, grandparents, friends and co-workers who have all experienced the pain that results from a Guardian ad litem that is under managed and with no oversight. One has to ask where Deputy Chief Judge Robert E. Mullen and Judge Susan Longley are getting their information? Are their opinions based in any kind of reality or fact? Or is it based on the bubblegum reality that the divorce industry paints for their constituents – the courts and those representatives that have a vested interest in perpetuating the money machine known as Guardian ad litem?
On January 31, 2013 The Deputy Chief Judge gave a presentation that covered much of what the Judiciary and those in the Divorce industry have told us before in the past. That there is a process for complaints. That there are rules and standards the courts and Guardians ad litem live by. While all of this looks good to those of us looking in from the outside – the reality of those on the inside is not as good or clear. For instance there is no process that explains what a lay person needs to do to file a complaint. The Rules and Standards which are displayed for everyone to see are meaningless words to be used at the courts convenience. There is no informed consent – so that parents know how the information they are about to give to a Guardian ad litem and courts can be used against them. How their Constitutional rights may be violated. These are just a few of the issues that the divorce industry have ignored or are blaming on the parents and families caught up in the process.
“Guardians ad litem are wonderful" according to Deputy Chief Judge Robert E. Mullen but there is mounting evidence to show there are very real problems. The Judiciary has known since 2006 of problems with its rostered GALs and the lack of oversight and management of these court officers. Some of the issues are listed here:
1. 2006 OPEGA report that highlighted 11 areas that need reform or correction
2. 2008 report by Maine's Judiciary that pointed out areas of concern
3. The National organization First Start which has rated Maine with a ( F ) for three reports
4. The National organization Center for Judicial Excellence which pointed out problems with Maine
5. In less than ( 1 ) year over 400 people have come out to question the actions of Guardians ad litem in a custody dispute.
6. In less than ( 1 ) year over 60 consumer complaints about GALs that are rostered in Maine.
7. Chief Justice Saufley who spoke in March of 2012 and who pointed out some of the horrors that divorcing families have had to experience at the hands of Guardians ad litem – sexual abuse, questionable billing practices, predatory practice, lack of management and lack of oversight to name a few of the items from the list she presented.
8. 2012 May 31 in Portland at the court house there were numerous consumer concerns about the role of Guardian ad litem – with follow up letters to the Judiciary
9. For this legislative session ( 5 ) bills dealing with some aspect of Guardian ad litem reform have been presented.
One has to ask Deputy Chief Judge Robert E. Mullen and Judge Susan Longley if the situation with Guardians ad litem are really “peaches and cream” then where is the proof – that is proof other than the shop worn 'statistic' of two Guardians ad litem in five years having been disciplined. Currently divorcing families have a loaded weapon pointed at them if a Guardian ad litem is brought onto the case. With no limitations, controls and immunity Guardians ad litem will leave a path of destruction in their wake. All of this is done with the blessing of the courts and 'in the best interest of the child'. It is time to bring about reform so that future families are not crippled.
If you have or had an issue with a Guardian ad litem please contact us at MeGALalert@gmail.com. Like us on Facebook or find us on twitter.
A year ago there were only 5 people in the state that voiced concern about Guardians ad litem that we were aware of. A year later we know of almost 400 people who have been touched in a negative way by a Guardian ad litem. These are people from all parts of the state. They are children, parents, grandparents, friends and co-workers who have all experienced the pain that results from a Guardian ad litem that is under managed and with no oversight. One has to ask where Deputy Chief Judge Robert E. Mullen and Judge Susan Longley are getting their information? Are their opinions based in any kind of reality or fact? Or is it based on the bubblegum reality that the divorce industry paints for their constituents – the courts and those representatives that have a vested interest in perpetuating the money machine known as Guardian ad litem?
On January 31, 2013 The Deputy Chief Judge gave a presentation that covered much of what the Judiciary and those in the Divorce industry have told us before in the past. That there is a process for complaints. That there are rules and standards the courts and Guardians ad litem live by. While all of this looks good to those of us looking in from the outside – the reality of those on the inside is not as good or clear. For instance there is no process that explains what a lay person needs to do to file a complaint. The Rules and Standards which are displayed for everyone to see are meaningless words to be used at the courts convenience. There is no informed consent – so that parents know how the information they are about to give to a Guardian ad litem and courts can be used against them. How their Constitutional rights may be violated. These are just a few of the issues that the divorce industry have ignored or are blaming on the parents and families caught up in the process.
“Guardians ad litem are wonderful" according to Deputy Chief Judge Robert E. Mullen but there is mounting evidence to show there are very real problems. The Judiciary has known since 2006 of problems with its rostered GALs and the lack of oversight and management of these court officers. Some of the issues are listed here:
1. 2006 OPEGA report that highlighted 11 areas that need reform or correction
2. 2008 report by Maine's Judiciary that pointed out areas of concern
3. The National organization First Start which has rated Maine with a ( F ) for three reports
4. The National organization Center for Judicial Excellence which pointed out problems with Maine
5. In less than ( 1 ) year over 400 people have come out to question the actions of Guardians ad litem in a custody dispute.
6. In less than ( 1 ) year over 60 consumer complaints about GALs that are rostered in Maine.
7. Chief Justice Saufley who spoke in March of 2012 and who pointed out some of the horrors that divorcing families have had to experience at the hands of Guardians ad litem – sexual abuse, questionable billing practices, predatory practice, lack of management and lack of oversight to name a few of the items from the list she presented.
8. 2012 May 31 in Portland at the court house there were numerous consumer concerns about the role of Guardian ad litem – with follow up letters to the Judiciary
9. For this legislative session ( 5 ) bills dealing with some aspect of Guardian ad litem reform have been presented.
One has to ask Deputy Chief Judge Robert E. Mullen and Judge Susan Longley if the situation with Guardians ad litem are really “peaches and cream” then where is the proof – that is proof other than the shop worn 'statistic' of two Guardians ad litem in five years having been disciplined. Currently divorcing families have a loaded weapon pointed at them if a Guardian ad litem is brought onto the case. With no limitations, controls and immunity Guardians ad litem will leave a path of destruction in their wake. All of this is done with the blessing of the courts and 'in the best interest of the child'. It is time to bring about reform so that future families are not crippled.
If you have or had an issue with a Guardian ad litem please contact us at MeGALalert@gmail.com. Like us on Facebook or find us on twitter.
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