Maine - Management by Crisis - The Judicial Branch and Financial Shortfall 2015

Last week we had a sudden change to the Judiciary Committee schedule. The Judicial Branch was making a presentation to the Judiciary Committee for a supplemental budget of $1M to get through to July 2015. This is not the first time the Judicial Branch has gone back to the till at the last minute with hands out asking for more.

Most organizations have a budget to work with and it they miss the budget.... well there is trouble. The organization either fails or they look into why they have a shortfall and change to accommodate. As an individual it is the same thing. You anticipate what your expenses are for the upcoming month based on what you paid out in the past

When asked about the shortfall and why the Judicial Branch has a shortfall.... again - the spokesperson for the Judicial Branch answered "I don't know why".

Which should come as no surprise to anyone. Here we have an organization full of lawyers being run by lawyers . About the only thing that lawyers can do well and with efficiency is bill for services.

It might be time for the Judiciary to hire people who are professional managers and get past the management by crisis that we see year after year. Who can look at how things are run within the branch and bring efficiencies to the organization. Who would be able to say why there is a shortfall and make sure the Judicial Branch does not go back to the till again... and again with out held hands.

The management by crisis is but a symptom of a far greater problem that has infected the court system. We have seen it with the Guardian ad litem crisis and have seen it with the Family Courts. Our system of justice is crumbling down around us.

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Nebraska - Douglas County Board votes to drop guardian ad litem contracts

Omaha Metro

The Douglas County Board voted unanimously Tuesday to drop its contracts with attorneys who act as guardians ad litem for children in juvenile court, board chairwoman Mary Ann Borgeson said.

Critics have long complained that many guardians don’t meet their statutory obligations to their juvenile clients and that the contracts lack accountability. A report last year by the state auditor faulted the county for poor oversight, though county officials said they weren’t sure how much authority they actually have to audit the work.

Full story: Omaha Metro

Georgia - Increased oversight needed for troubled guardian ad litem program

Augusta Chronicle

The Augusta Chronicle has done the public a great favor by drawing attention to problems faced, and to some extent created, by guardians ad litem, who are appointed by courts to represent the interests of children in divorce cases.

SINCE GUARDIANS do not represent the divorcing parents, they serve an important but entirely different role than do attorneys for plaintiffs and defendants. Attorneys are trained in adversarial proceedings to argue the case for their clients. Guardians, like the children they represent, find themselves in the middle of difficult and often troubling circumstances.

And while guardians seek to discover the best possible solution for children of divorce, “best possible” is almost always “least hurtful,” because divorce hardly ever is without pain for the affected children.

For more than 12 years, I served as a guardian in the Augusta Judicial Circuit on cases assigned to me by more than 10 judges.

During part of that time I served also as president of the guardian association (now defunct), which attempted through its bylaws, training programs and other forms of assistance to ensure professional and ethical work by individual guardians.

Full story: Augusta Chronicle

Michigan - Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest

This is a case that we missed but is a good story. It is a story of a member of military on active duty out in the Pacific Ocean who is ordered to court or be in contempt. He had no way of being able to comply with the 'Judges' order. This post shows what Matthew Hindes is up against in our court system.

CBS Seattle

Seattle, Wash. (CBS SEATTLE) – A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.

Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.

Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”

But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”

The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.

Full story: CBS Seattle


Related story:

2014-06-19 ABC News Sailor Serving Overseas Ordered to Appear in Custody Fight

2014-08-16 Military Times Deployed submariner loses a round in custody battle

2014-08-20 BI Judge Takes Deployed Sailor's Daughter And Gives Temporary Custody To Her Mother

2014-10-28 SCRA Active Duty Submariner Wins SCRA Custody Suit

Ireland - Child guardians get €200k from agency

If you think that the United States is the only place where they have issues with Family Courts and Guardians ad litem - think again. Canada, The United Kingdom, Australia, New Zealand and Ireland. This story comes to us from the emerald island. The article points out - any person can claim to be a guardian ad litem; that the system is ‘chaotic’ and a ‘free for all’. Nothing new here for those who have had the mis-fortune of a malpracticed Guardian ad litem. Surprisingly reform is being called for by an agency that has 32 Guardians ad litem working.

Irish Examiner

Nine firms and individuals acting as guardians to children in childcare court proceedings have received sums over €200,000 each from the Child and Family Agency this year.

Figures released by Tusla, the Child and Family Agency, show that, to the end of November this year, €6.76m has been paid to guardian ad litems — court appointees who act as independent voices for children in family law cases.

The 2014 figure compares to guardian ad litems receiving €7.18m in 2013.

In response to a freedom of information request, the figures show the largest provider or guardian ad litems services in the country, Barnardos-Beacon, this year received just over €3m for the service it provides.

Full story: Irish Examiner

Nevada - State panel hires 2 experts to guide child welfare reforms

Another "Blue Ribbon Panel" has been put together to figure out what is wrong with the Family Court system. There is a very strong chance that there are no consumers on this panel to help with coming up with a possible solution. The solution that this panel will come up with will only make things worse for those within the system.

Las Vegas Review Journal

The state blue ribbon committee created to spearhead improvements to Clark County child welfare and the court system has added two additional experts to guide its work before the 2015 Legislature begins.

The state has found money to bring on board national expert Sophia Gatowski to help shape the committee’s recommendations. Consultant Stephen Rubin, a retired Arizona judge, also has been invited to work with the committee.

“This is a step, I believe, in the right direction,” Nevada Supreme Court Justice Nancy Saitta said Tuesday during the committee’s second meeting in Las Vegas.

The committee, appointed by Saitta, outlined some of its preliminary objectives, which include having one family work with the same judge to provide consistency as the case is resolved. The panel also wants more professional development for Family Services workers in following policy and procedure and suggested a public campaign informing the community about what foster care is and seeking foster parent volunteers.

The committee will meet a third time at 1 p.m. on Jan. 15, before the Legislature convenes Feb. 4.

Rubin said Gatowski will produce a report for the committee, which she will start writing after the January meeting. The retired judge will assist her in writing the report, which could go to the Legislature and might be made public.

Full story: Las Vegas Review Journal

Divorce Corp - Backdoor Deals and Cozy Relationships between GALs and Judges

Director Joe Sorge (DivorceCorp) interviews Maine psychiatrist and director of Maine Guardian Ad Litem Alert, Jerry Collins. They discuss the backdoor deals and cozy relationships between the guardian ad litems (GALs) and other family court professionals. Families are forced to pay outrageous fees and often get little for their money.

Learn how Guardians ad litem demand excessive fees and are essentially unregulated in their practice. It is another shocking example of the corrupt practices in US family courts.

DivorceCorp - Family Law Report: Jerry Collins Interview Part1


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