Showing posts with label Pro se. Show all posts
Showing posts with label Pro se. Show all posts

Saturday, June 11, 2016

CT - The Court of Public Opinion and Connecticut’s Broken “Family” Court System

Social media exploded this week with public outrage over the Brock Turner rape case and the horrific ruling made by Judge Aaron Pesky, who has been harshly criticized for his far too lenient sentencing. Over 1,000,000 people nationwide have signed an online petition demanding this judge resign. In addition, prospective jurors being called by the court system are refusing to serve this judge on his cases.

We need this same kind of outrage focused on our state's very troubling “family” court system and the people who operate it.

"Family" court judges in this state, showing complete disregard for the complaints from thousands of parents, legislators, mental health professionals and attorneys calling for reform - continue to operate one of the most dysfunctional, inefficient, ineffective, costly, damaging and yes, corrupt “family” court systems in the country.

Connecticut remains dead last when it comes to enacting much needed operational and other reforms. As a reflection of this, over 85% of all parents in our “family” courts now appearing Pro Se and without proper legal representation. This as their cases continue to be allowed to drag on for months and even years, due to solely judicial negligence and their very troubling and concerning judicial orders and rulings.

This dysfunction, lack of any oversight, and failure to address judicial and attorney misconduct, causes over 11,500 cases to be returned to the “family” courts each year – when there are only 3,400 new custody cases filed in this state each year ( - Chief State Justice Rogers.) This reflects a critical and terminal operational dysfunction on the part of our Judiciary – not a problem with “a small number of disgruntled litigants” as some have tried to portray.

This as citizens and parents across the state continue to be routinely jailed by Judge Bozzuto and her “family” court judges for committing no crime. This as Judge Bozzuto and her “family” court judges operate as private debt collectors for a very small group of well-connected divorce attorneys and Guardian ad Litems. This as she and her “family” court judges continue to ignore all due process and basic civil, Constitutional and parental rights.

Her “family” court judges continue to fail the state, fail its citizens, and fail the best interests of the public, families and children – by failing to rule quickly and effectively. They instead prolong cases and ignore ongoing abuse and neglect of children by improperly outsourcing their judicial authority to a small group of well-connected Guardian ad Litems taking hundreds of millions of dollars from parents with complete immunity, with no oversight of any kind, and with no accountability of any kind, while offering no positive or beneficial outcome, of any kind.

“Family” court judges, who under Judge Bozzuto’s watch, Chief Court Administrator Carroll’s watch, and Chief State Justice Rogers’ watch and approval from their silence – continue to operate well-orchestrated "Kids for Cash" and "Pay Per View Parenting" programs designed to prolong custody cases solely to enrich a very small group of attorneys, best interests of families and children and THE PUBLIC be damned.

Judge Bozzuto and her “family” court judges continue to operate de facto and unlawful Debtor’s Prisons, by SHACKLING and JAILING PARENTS for committing no crime other and for not being able to afford to pay the small armies of “court appointed experts” Judge Bozzuto and her “family” court judges force onto custody cases for no valid reason or cause.

Who are these attorneys? Their names can be readily found by looking at the membership of the now disbanded AFCC in this state, and among the select group of private attorneys who have been invited to the highly secretive annual Judge’s Meeting coming up on June 24th.

We encourage as many legislators as possible to attend this annual gathering of judges and to ask them some very hard questions in regards to how and why our “family” courts continue to operate in this manner.

“Family” court judges who routinely look away, ignore, and often encourage the abuse and neglect of children, by refusing to enforce their own parenting orders, by denying access to justice by improperly requiring the filing of “Motions for Request for Leave” in “family” court cases – even on Emergency Ex Parte motions filed to protect children, and by routinely and diligently separating children from their fit and proper parents for no valid reason or cause, especially if a parent dares ask why they can’t have equal access and time with their child. And most notably, targeting parents with children who have autism or other special needs and disabilities.

If the Brock Turner case were before a Connecticut “family" court judge, the judge would have labelled both Brock and his victim as being "high conflict" even though only Brock committed a crime.

The judge would have then ordered his rape victim to attend "conflict management" sessions with Brock at $250-$500/hour so an “evaluator” could try and "resolve any differences" she may have with her attacker.

If they had a child, the “family” court judge and GAL would assign custody to Brock because of "his stable background" and force the mother and victim to spend thousands of dollars to fight to protect her child from him and to a parent in her child’s life. This would cost her tens of thousands of dollars and years in court – with no proper outcome or resolution.

She, as a victim, would become one of the 11,500 custody cases returned each year to our broken and dysfunctional “family” courts, and be attacked and prevented from filings motions by Judge Bozzuto’s “family” court judges for daring to come back to the court and to ask for the court to do the right thing.

Such is the actual state of affairs and “justice” in our state’s broken and dysfunctional “family” courts. And this is not exaggerated in any way.

This happens each and every day in our state's "family" courtrooms. If any of you doubt me and the thousands of parents who have been subjected to this and witnessed this firsthand – please, go sit in on any custody case in any “family courthouse and just watch.

All of this as Chief State Justice Rogers, Governor Malloy, and the Judiciary Committee continue to just look the other way at what Judge Bozzuto and her "family" judges engage in and practice - because there is money to be made and federal dollars are involved.

Social media exploded this week as the court of public opinion chimed in on the Brock Turner case. The same focus and social media attention is being brought on our state’s broken and dysfunctional “family” courts – as we the PUBLIC, will and can no longer accept or tolerate the status quo in our state’s broken “family” courts, and as this movement is growing very quickly nationwide, and in fact, internationally.

We demand far better. Our children and families and state – deserve far better.

And it is simply unacceptable on for any reason or on any level that our Legislature’s Judiciary Committee has not presented a single piece of much needed reform legislation in now two sessions. You should all be ashamed.

If not now, when; if not us, who.

- Peter T. Szymonik, the CT Coalition for Family Court Reform


Peter Szymonik is involved with "Family" Court reform in the state of Connecticut. We have known and worked with Peter for years often exchanging ideas on the issues relating to "Family" Court. While Peter is writing to those in his state of Connecticut what he is writing about can be applied to any state. If you have been involved in a case where the court system has failed we encourage you to become involved. Contact your representatives and educate them and others as to what the issues are. If you live in Connecticut you can help with reform by contacting Connecticut Family Court Reform (on Facebook). Or you may contact us at NaGAL to put you in touch with others in your state.


Additional Resources:
Biographies of Supreme Court Justices Supreme Court Chief Justice Chase T. Rogers

2015-04-10 Rogers Pledges Court Improvements As Critics Express Displeasure

Connecticut Family Court Reform

FB - Coalition for Connecticut Family Court Reform

Family Matters

If you would like to Judge your "Judge" - The Robing Room


Sunday, September 28, 2014

The Pro se Problem in Family Courts - Ohio

In Maine and Connecticut there is a movement to change the Family Court system. Ohio is no different than these other two states. While this letter is addressed to the Maine Judicial branch it can be applied to other states just as well:

Mary Ann Lynch
Government and Media Counsel
Maine Judicial Branch

Dear Mary Ann,

It was a pleasure to talk with you by phone on Wednesday afternoon and to share a few thoughts about the very troubling 74% ‘pro se’ problem in Maine’s family courts. 74% is a powerful number that speaks to a socially unacceptable differential status of citizens/voters in the face of  justice. My purpose in calling you was  to be a “catalyst” for broad based problem-solving concerning the ‘pro se’ phenomenon. It seems to be growing numerically by leaps and bounds, despite valiant, well-documented efforts by your associates to contain it.

To me, as a former public health planner, there appears to be a lack of data about the nature of this problem that would be a vital necessity in designing a strategic intervention to reduce this unacceptable 74% number. The problem of ‘pro se’ numbers also appears to suffer (paradoxically) from well-intended attempts to try to solve the ‘pro’ se’ problem with inadequate problem definition. It puts “answers to the problem” before adequate “problem definition”, and thereby places the cart in front of the horse. Without wishing to disparage the ongoing work being attempted by those associated with the Maine Judicial Branch and the Maine Bar, I would suggest that there are some serious planning questions that need research and study before seeking answers.

Here, in brief, are a few of my thoughts, a recap and elaboration on our earlier phone discussion:

WHAT SHOULD THE GOALS FOR  ANY ‘PRO SE’ INTERVENTION BE? In any thoughtful, large scale, organized government plan, one needs clearly stated goals to aim for- and to keep the movement towards goals on target. I would suggest- tentatively - that the aim for the ‘pro se’ problem should be to reduce the incidence and prevalence of ‘pro se’ as a phenomenon in Maine family courts - “to move the “numbers needle” backwards”. To use a public health conceptualization, one might say ‘pro se’ is a growing epidemiological problem. What is the “epidemic” about, how is it spread over Maine’s “at risk” populations, who is vulnerable, what factors are causing it, what exacerbates its growth, what diminishes its growth and what “interventions” might well organized data suggest would be most effective? To that end, I suggest a sample of some very generic questions that an epidemiologist might ask before intervening in any epidemic.

WHAT IS THE NATURE OF MAINE’S FAMILY COURT ‘PRO SE’ PROBLEM? Beyond anecdote, who are the 74% of people who do ‘pro se’’ in Maine’s family courts? What sort of demographics do they represent? What ages, occupations, education levels, financial status, duration of marriage, number of children, geographic locations, previous marriages/relationships, health/mental health status?  What are the reasons that they are  doing ‘pro se’?  Financial reasons (examples)? Or other reasons?  All of these data would be useful tools in shaping rational problem-solving. Without such data, solving problems can only be based on anecdote, guess work, personal impressions, prejudice and bias. Bad information, as everyone knows, leads to bad answers!

DOES HAVING A LAWYER MAKE A DIFFERENCE IN OUTCOME OF DIVORCE AND CUSTODY? What is the statistical record for various types of outcomes for ‘pro se’ litigants? How do things go when one party has a lawyer and the other doesn’t? What factors favor what outcome when both parties have a lawyer? Are there statistics for law firms and lawyers showing records of wins and losses? How do ‘pro se’’, lawyers, and judges view the contest?

HOW DO ‘PRO SE’ LITIGANTS FEEL ABOUT THEIR COURT EXPERIENCE? Were they helped to do pre-court paperwork? Was the help that they received effective or was it confusing? Did they get help or coaching before going to court? From what kinds of helping sources? How do ‘pro se’ litigants feel about their courtroom experience?  Were they put at ease by the judge? Were they treated respectfully? Did they encounter judicial hostility or overt rejection? Were they listened to? How did they handle evidentiary challenges (“object, object, object!”) from opposing counsel? Were they included in all conferences and administrative issues? Did they feel that they received treatment in court equal to opposing counsel (if there was one)? Do they have ideas for simplifying the process for making it less time consuming, fairer and with happier resolution? How were they and their children impacted by the personal stress of the  ‘pro se’ experience and its  aftermath?

HOW DO FAMILY COURT JUDGES FEEL ABOUT THEIR EXPERIENCE WITH ‘PRO SE’ LITIGANTS? What kinds of problems do they experience? What impact does ‘pro se’ have on courtroom procedures and process? What are the biggest challenges in this situation for judges? What would they suggest to solve some of the problems associated with ‘pro se’? Do they have suggestions that might diminish the incidence of ‘pro se’ ?

HOW DOES THE DIVORCE BAR SEE THE ‘PRO SE’ PROBLEM? Does everyone in a divorce and custody situation need a lawyer? What type of cases may not need a lawyer?  What about pre-court legal “coaching”? What about paraprofessional lawyers? What about defining custody as 50-50 in all cases- except proven abuse? What other ideas? What about disincentives for lawyers? What about fee caps on all cases, or needing certification from a judge to bill beyond a certain $$ figure?

Please, do not take the preceding paragraphs as any sort of concrete proposal. The remarks above are offered only as possible examples of epidemiological data for use in a very classic, rational problem solving process. The questions are more to get a conversation about planning going- or to say, we don’t want to go there, because...

To my thinking, all three branches of government should be involved in any such a conversation leading to a plan for action. The core issue at the heart of the ‘pro se’ problem problem is about how we are to treat Maine families and children in the throes of divorce and custody. It is a question about the well being of a  sub-population of huge importance to the future of Maine. Interest in the topic goes way beyond the interest and practices of one branch of government and one profession. Ideally all three branches of government should work on the issue and should sponsor the supportive legislation to enable the work. As to the question of who might  best do such a study or variations thereof in the interest of the public, my vote would be for OPEGA; others might have other choices. My personal aim would be to eliminate the dominance of “special interests” of stake holders from the “divorce industry”, who have been the dominant players heretofore. They don’t represent the people.

I hope this gives a bit more flesh on the bare bones we discussed on Wednesday? It is still skeletal!  It is just a beginning of a much needed larger conversation.

Thanks for your time, your always valuable perspective and your in depth knowledge of the Judicial Branch - and Maine government.

Sincerely,

Jerry Collins

CC: MeGALert

If you have had a bad experience in the Family Court systems or with a Guardian ad litem. Please contact us at MeGALalert@gmail.com or find us on Facebook.