tag:blogger.com,1999:blog-53834842024-03-07T19:59:58.839-05:00Mommies at LawMommy stuff, the Law (with emphasis on Juvenile and Family Law), and anything else that strikes our fancy.Mommies Esq1http://www.blogger.com/profile/01045920666951253222noreply@blogger.comBlogger671125tag:blogger.com,1999:blog-5383484.post-34669662909875617842009-02-26T11:05:00.001-05:002009-02-26T11:07:28.398-05:00Ohio's ACLU report card<a href="http://www.aclu.org/pdfs/racialjustice/ohreportcard_20090210.pdf">Evaluating Juvenile Justice in Ohio: A Report Card</a><br /><br />Waiver of Counsel: Incomplete<br />Shackling of Juveniles: F<br />Juvenile Transfers: C-<br />Rates of Juvenile Detention and Committment: C<br />Disproportionate Minority Confinement: Incompletemommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-62525422363033216712009-02-26T10:36:00.002-05:002009-02-26T10:59:06.211-05:00When law and economic policy collideI was hoping the budget journalization case in Lake County would be decided by the Supreme Court of Ohio. It is an interesting question of law that really should be played out to a decision. Who gets to decide? Taken to the extreme...could a court journalize a budget that results in the slashing of budgets for other county departments (to the point that other services can not be offered at all)?<br /><br />But this particular case won't see the Supreme Court because it <a href="http://www.news-herald.com/articles/2009/02/19/opinion/nh499111.txt">was settled</a> due to the economic atmosphere that breeds comments like those found at the end of the online posting of that article. <em>Feel lucky you have a job rather than expect to be paid for the true value of what you do. </em> Don't ya just love recession thinking?mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-49798751320767485022008-10-23T13:51:00.000-04:002008-10-23T13:52:11.403-04:00More election research<a href="http://www.smartvoter.org/2008/11/04/oh/asa/ballot.html">Ashtabula County</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-32492992679200313302008-10-23T13:40:00.001-04:002008-10-23T13:47:57.526-04:00Election research<a href="http://www.judge4yourself.com/about_the_JCRC.html">Judge4Yourself.com</a><br /><br />Judge4Yourself.com is a service of the Judicial Candidates Rating Coalition (JCRC), an umbrella organization that includes Cleveland Metropolitan Bar Association, The Cuyahoga Criminal Defense Lawyers Association, The Norman S. Minor Bar Association, and The Ohio Women's Bar Association. <br /><br />Members of the organizations that make up JCRC are a diverse group of men and women, including lawyers and non-lawyers. Some practice solo or in a small group; others work for large firms, local companies or government. Some of us represent only individuals. Others usually work with businesses. We and our clients have many different perspectives and views, but there is one thing on which we agree - we want highly qualified, fair and respectful judges on our courts.<br /><br />To bring you ratings of the candidates for judicial office, about 50 to 60 of us set aside several days each year to review the candidates’ qualifications, interview the candidates, and share experiences representing clients before judges who are running for the same or a new position. Each organization separately chooses a rating that expresses, in one word, its evaluation of each candidate’s professional competence, integrity, work ethic and temperament. <br /><br />On the November 2008 ballot, Cuyahoga County voters will vote for judges for five different courts: the Court of Common Pleas General Division, the Domestic Relations Court, the Probate Court, the Court of Appeals and the Ohio Supreme Court. Before you vote, review our ratings and the information about each candidate available by link to his or her name on the candidate grid. <br /><br />The election of judges and the decisions they make can have profound consequences for us, our families, our businesses and our community. Learn more here, and choose well.<br /><br />We rate the judicial candidates...so you can judge for yourself.mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-21846230615740657752008-08-20T15:02:00.004-04:002008-08-20T15:22:54.744-04:00I am <a href="http://news.yahoo.com/s/ap/20080820/ap_on_go_co/congresswoman_hospitalized;_ylt=AnUxjJxdIRboGDzOquHxZKus0NUE">very sad</a> today.mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-9705984421794886872008-08-13T16:55:00.002-04:002008-09-30T08:51:38.546-04:00<a href="http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1218616402241130.xml&coll=2">An appeals court has ruled </a>that Bainbridge Township police should not have entered Phyllis Andrews' home without a warrant, even though they saw underage drinking, because no emergency existed. <br /><br />"sexting" as <a href="http://www.livingstondaily.com/apps/pbcs.dll/article?AID=/20080727/NEWS01/80727002/-1/NEWSFRONT2">child pornography?</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-15980357182484768582008-07-24T14:21:00.002-04:002008-07-24T14:24:44.364-04:00Too much?A Judge in New Zealand "made the 9-year-old girl a ward of the court so that her name could be changed, he said in a ruling made public Thursday." <br /><br />"New Zealand law does not allow names that would cause offense to a reasonable person, among other conditions, said Brian Clarke, the registrar general of Births, Deaths and Marriages."<br /><br /><a href="http://news.yahoo.com/s/ap/20080724/ap_on_re_au_an/new_zealand_bizarre_names">Interesting story</a><br /><br />I worked in Juvenile Court for a couple of years and saw some doozies myself (some that were patently offensive). The remedy here seems a bit harsh, however.mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-72692785114352217902008-07-21T13:23:00.002-04:002008-07-21T13:29:16.772-04:00Texas v. FLDSTexas Child Protective Services took a lot of criticism for the wholesale removal of more than 400 children from the FLDS Yearning For Zion Ranch near Eldorado, Texas. And I will admit that I had my own concerns about the way they handled the situation. But <a href="http://www.kltv.com/Global/story.asp?S=8708709&nav=1TjD">this</a> gives me pause. <br /><br />There was no evidence, at the time, of abuse or neglect. But given the tight-knit nature of this organization, could it be that the evidence doesn't exist BECAUSE of the abuse? Perhaps children are brainwashed into thinking they are receiving acceptable treatment? Perhaps they are taught to lie to cover up for the adults in their lives (which, at the risk of over-generalizing, is pretty typical of abused and neglected children).mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-56084021990088416302008-07-16T14:16:00.004-04:002008-07-21T13:08:11.048-04:00Monday morning headlines<a href="http://www.dispatch.com/live/content/local_news/stories/2008/06/17/gaymom.html?type=rss&cat=&sid=101">Court rules against gay mom on ending joint custody</a><br /><br /><a href="http://blog.cleveland.com/openers/2008/06/proposed_publicaccess_rules_fo.html">Proposed public-access rules for court records will go to Ohio Supreme Court for review</a><br /><br /><a href="http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1213518620184980.xml&coll=2">Cuyahoga juvenile offenders can give blood to fulfill community service</a><br /><br /><a href="http://www.timesreporter.com/news/x882547285/U-S-Supreme-Court-won-t-hear-Spies-appeal-in-civil-case-filed-by-Anthony-Harris">U.S. Supreme Court won’t hear Spies’ appeal in civil case filed by Anthony Harris</a><br /><br /><a href="http://www.wnwo.com/news/news_story.aspx?id=160333">Juvenile Court employees to unionize?</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-9987791103171676722008-07-16T14:13:00.002-04:002008-07-16T14:16:17.295-04:00Regular featureRather than posting them willy-nilly, I think I'm going to try to do a regular round-up of interesting articles once a week. What do you think? Fridays? Mondays? Wednesdays?mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-79638781885057492152008-07-07T09:48:00.003-04:002008-07-07T10:00:53.350-04:00Hey there!Let me tell you a story...<br /><br />A long long long time ago, two mommies decided to start a blog...this blog.<br /><br />Then life happened and they were distracted by happy and sad life events.<br /><br />Then blogger changed and they couldn't access their blog.<br /><br />The mommiesesq2 had some free time at work one day and she wandered through the maze of passwords and secret questions to reactivate email accounts and reclaim this blog!<br /><br />Huzzah!<br /><br />I think a template change may be in order for this new era. We shall see...<br /><br />So...How ya been?mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-86320697104410523302007-03-03T22:35:00.000-05:002007-03-03T22:37:00.161-05:00New Blogger: please stand by we are experiencing technical difficultiesWell, we've made the switch, but our archives seem to have disappeared.<br /><br />We can still access the old posts in our dashboard, but not at the site.<br /><br />Hmmmm.Mommies Esq1http://www.blogger.com/profile/01045920666951253222noreply@blogger.com2tag:blogger.com,1999:blog-5383484.post-1168547253556497932007-01-11T15:24:00.000-05:002007-01-11T15:27:33.576-05:00DV UnitsI like <a href="http://www.cleveland.com/newslogs/plaindealer/index.ssf?/mtlogs/cleve_plaindealer/archives/2007_01.html#224188">this idea</a>. It would certainly help create a more consistent response from law enforcement. <br /><br />I do wonder how many ways we can divide resources though.Mommies Esq1http://www.blogger.com/profile/01045920666951253222noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-1157740895900647012006-09-08T14:38:00.000-04:002006-09-08T14:41:35.903-04:00It's all so simpleHave a few things to say about <a href="http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1156581008303530.xml&coll=2">this</a>, but I have to work today and I'm afraid I would break my keyboard with all the furious typing I would have to do.<br /><br />So let me just say this for now...<br /><br /><span style="font-style:italic;">Cuyahoga County Juvenile Court Magistrate Peter Murray said Court's and Lisa's battles with Lisa are typicalrepresentative of those of many parents who end up in his cramped courtroom/office.<br /><br />"I see the same things over and over again," he said. "These kids simply don't want to follow the rules set by their parents."</span><br /><br />No...it's not QUITE that simple.mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1157740380753241552006-09-08T14:31:00.000-04:002006-09-08T14:35:54.573-04:00How?<a onblur="try {parent.deselectBloggerImageGracefully();} catch(e) {}" href="http://www.newsnet5.com/2006/0829/9753068_400X300.jpg"><img style="float:right; margin:0 0 10px 10px;cursor:pointer; cursor:hand;width: 200px;" src="http://www.newsnet5.com/2006/0829/9753068_400X300.jpg" border="0" alt="" /></a><br />How do people like <a href="http://abclocal.go.com/wtvg/story?section=local&id=4516678">this</a> become...<br />and stay...foster parents? <br /><span style="font-style:italic;"><br />Affidavits from two supervisors of investigations for Clermont County Children's Protective Services, filed Tuesday in Juvenile Court, indicated that the Carrolls moved frequently and relied on child care payments for support.<br /><br />The couple has lived in at least 10 places since 1998, neither had steady outside employment and their sole income came from foster care, daycare and government assistance, the affidavits said. </span><br /><br />Wasn't anybody paying attention?!?!mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1157740194508777392006-09-08T14:24:00.000-04:002006-09-08T14:29:54.510-04:00Closed trial not automaticClosed trial not automatic<br />THE ASSOCIATED PRESS<br /><br />COLUMBUS - The Ohio Supreme Court has ordered broader access to juvenile court trials, procedures and records in response to a newspaper's lawsuit over a fatal mugging and an arson.<br /><br />"It's the first time the court has said any portion of any juvenile court records would have to be open," said David Marburger, attorney for the (Cleveland) Plain Dealer. "There is going to be across-the-board access statewide."<br /><br />In a unanimous ruling Wednesday (Aug. 30), justices said a juvenile court judge cannot close proceedings without a hearing. The court ordered Cuyahoga County Juvenile Court Judge Alison Floyd to provide the newspaper with transcripts and dockets from the two cases, and, in one case, conduct further hearings.<br /><br />The Plain Dealer had sued after Floyd closed portions of the proceedings in the mugging and the arraignment of two 11-year-old girls who were accused of setting a fire.<br /><br />Associated Pressmommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1156429863343897752006-08-24T10:28:00.000-04:002006-08-24T10:32:57.206-04:00It's over?<a href="http://www.cleveland.com/news/plaindealer/index.ssf?/base/cuyahoga/1156322537285430.xml&coll=2">Long saga of Juvenile Court ends with a deal</a><br /><br /><span style="font-style:italic;"><font size="2">After 20 years of bitterness and broken deals, the Cuyahoga County commissioners and Juvenile Court judges plan to sign a pact Thursday to build a new detention center and courthouse.</font></span><br /><br />OK...place your bets...mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-1156428266075448022006-08-24T09:48:00.000-04:002006-08-24T10:32:39.563-04:00Permanency is most important?<a href="http://www.law.com/jsp/article.jsp?id=1155114329121">Teen Sues Mother for ID of Father</a><br /><br /><span style="font-style:italic;"><font size="2">The teen, known as "Minor J." in court records, wants to check for any family illnesses. And the U.S. Constitution, Baskin argues, guarantees him the right to know that information, as does the U.S. Supreme Court. He cited a 1973 Supreme Court ruling, Gomez v. Torres, 409 U.S. 5353, in which the court held that an illegitimate child has a legal right to sue his father for support because he's entitled to equal protection under the law.<br /><br />...<br /><br />According to attorneys for both sides, Minor J. learned in 2004 from two DNA tests that his mother's ex-husband -- the man he thought was his father -- was not his biological parent. The parents had divorced in 1995. In 2004, the ex-husband went to court to end child support payments after DNA tests revealed he wasn't the father.<br /><br />...<br /><br />Putman's legal argument rests on the legitimacy of Minor J. She claims he is a legitimate child who has no standing to sue. She cited a 1988 Michigan Court of Appeals case, Puffpaff v. Hull, 169 Mich App. 688, in which the court held that a legitimate child does not have standing to pursue a paternity action. She also cited Michigan's Paternity Act, which holds that only illegitimate children can sue to have child support established.</font></span><br /><br />It will be interesting to see how the court handles this. The individual rights argument is compelling, albeit a bit confusing with the approach from a child support angle. The child is not really pursuing a paternity action, but a...what? It's not a public records request. It's a personal right to private information. But who has the right...who does the private information belong to?<br /><br />As the child of an adopted parent, I am particularly interested in the claims of a right to health information. I have suffered some strange medical conditions lately that make me wonder if my birth grandfather and his family would hold any answers.mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1156427201668105982006-08-24T09:35:00.000-04:002006-08-24T10:32:23.430-04:00Rehabilitation or retribution?The debate rages on and on, ad nauseum. But it is no more sharply brought into focus than in Kenton, Ohio where two juvenile delinquents were sentenced to a stay in detention...to commence after football season. <br /><br />Their offense? <br /><br /><span style="font-style:italic;"><font size="2">The teens placed a decoy deer on a dark road in November. When a car crashed while trying to avoid it, two people were severely injured. Driver Robert Roby is now physically disabled; his teenage passenger, Dustin Zachariah, is brain damaged. Three other teens still have court cases pending.</font></span><br /><br />The judge's reasoning makes sense on paper...<br /><br /><span style="font-style:italic;"><font size="2">"I would love to make (the victims) whole, but you can’t go back and unring a bell," McKinley said. Then, he told a crying Howard: "I’m going let you play football. I’m going to let you have your shot at a scholarship. What you make of it is up to you."<br /><br />To the attorneys and the courtroom in general, he added: "Denying him an opportunity to play football and denying him an opportunity to go to college isn’t in any way going to help the victims in this case or help society."</font> </span><br /><br />Obviously the judge is focused on rehabilitation. But I'm not so sure how I would feel if I were a victim. HOW to accomplish rehabilitative goals is far from an exact science. Granted, the future for these boys should be a consideration. But what rehabilitative qualities will detention have if it does not result in the loss of their freedoms to enjoy those things in life that they now freely enjoy? I'm not convinced that a temporary lock-up, at a person's convenience, holds any teaching value if it is treated merely as a scheduling inconvenience to be worked in when there is a lull in activity.<br /><br />I do also have to admit to having an anti-football prejudice that makes me question this judge's decision. Would the same accommodation have been made for someone in the drama club? academic decathlon? band? No, never mind, I already know the answer.<br /><br /><a href="http://www.columbusdispatch.com/news-story.php?story=dispatch/2006/08/17/20060817-A1-02.html">Columbus Dispatch article</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1156426445834519392006-08-24T09:33:00.000-04:002006-08-24T09:34:05.846-04:00And I thought Ohio had problems<span style="font-style:italic;">In Michigan, more than 300 juveniles have been sentenced to life without parole -- one of the highest such numbers in the nation.</span><br /><br /><a href="http://www.freep.com/apps/pbcs.dll/article?AID=/20060815/OPINION01/608150323/1068/OPINION">editorial here</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1154962083831390962006-08-07T10:46:00.000-04:002006-08-07T10:48:03.833-04:00A favorIf anybody has a subscription to <u>The British Journal of Psychiatry</u>, I would love to see a copy of this paper...<a href="http://bjp.rcpsych.org/cgi/content/citation/189/2/188">Stillbirth - psychological impact on fathers</a> (Jul 31, 2006). Thanks!mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1154960984336926892006-08-07T10:28:00.000-04:002006-08-07T10:29:44.336-04:002005 CURVATION PROJECT CONFIDENCE Award<span style="font-style:italic;">Exemplifying the spirit of NATIONAL WOMEN'S CONFIDENCE DAY, the 2005 CURVATION PROJECT CONFIDENCE Awards national recipient was Yvonne Pointer of Cleveland, Ohio. Yvonne turned a heartbreaking personal tragedy into a one-woman quest to make the world a safer place and empower women and girls. She established the Gloria Pointer Annual Scholarship Award, funded by the proceeds of her self-published book "Behind the Death of a Child," which was written about the tragic rape and murder of her own fourteen year old daughter, Gloria. She also founded the non-profit Positive Plus, dedicated to motivating women to become responsible and seize control of their destiny; has been a role model for the Cleveland Public School's "Girl Power" program; and has spent time building the confidence and self-respect of inmates in women's and juvenile prisons. Yvonne is planning on using the winning grant to go to Ghana, Africa, where she is working to build a school for underprivileged children.</span><br /><br /><a href="http://biz.yahoo.com/prnews/060803/nyth132a.html?.v=1">Source</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1154958696115944812006-08-07T09:47:00.000-04:002006-08-07T09:59:44.463-04:00What?I'm a lawyer and I don't understand what this<a href="http://www.cityofcoatesville.com/News/2006/060803_kids.htm"> money will be spent on</a>. <br /><br /><i>...better access to integrated services designed to protect their health and well-being...</i><br /><br /><i>...infrastructure activities, such as cross-systems training, quality assurance measurement, activity consultations and coordination, data collection and management, and related costs.</i><br /><br />HUH?!?!mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0tag:blogger.com,1999:blog-5383484.post-1154958459552047162006-08-07T09:40:00.000-04:002006-08-07T10:13:26.713-04:00Update:<a href="http://seattletimes.nwsource.com/html/localnews/2003174213_carlsen04m.html">Guilty plea by woman who took son from hospital</a><br /><br /><span style="font-style:italic;">Carlsen believed kidney dialysis might be harmful and wanted more time to seek a second opinion.<br /><br />But doctors convinced a court that the surgery was needed immediately.</span><br /><br />---------------------<br /><br /><span style="font-style:italic;">Because Carlsen has abided by the wishes of the state Department of Social and Health Services (DSHS), which had custody of Riley when he was taken, and has complied with the orders of the Pierce County judge handling custody issues in the case, the charge was reduced from felony second-degree kidnapping to second-degree custodial interference, a gross misdemeanor, said King County senior deputy prosecutor Lisa Johnson.</span><br /><br />---------------------<br /><br />I do not know why, but this story distresses me. Unlike the story of <a href="http://mommiesatlaw.blogspot.com/2006/08/when-can-child-choose-his-own-medical.html">the teenager who wants control over his own medical decisions</a>, this child is at the mercy of two warring factions...his parents and his medical doctors. AND given that there seems to be some uncertainty as to the <a href="http://mommiesatlaw.blogspot.com/2006/06/judge-orders-doctors-to-proceed-with.html">medical necessity</a> of the procedure at this point in time, I have to wonder...what's going on here that I don't know?mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com1tag:blogger.com,1999:blog-5383484.post-1154957879738556812006-08-07T09:32:00.000-04:002006-08-07T10:13:01.130-04:00Special four-part series on combating truancy in schoolThe Pine Journal<br />Cloquet, Minnesota<br /><br /><a href="http://www.cloquetmn.com/journal/index.php?sect_rank=1&story_id=222554">Part One</a><br /><br /><a href="http://www.cloquetmn.com/journal/index.php?sect_rank=1&story_id=222943">Part Two</a><br /><br /><a href="http://www.cloquetmn.com/journal/index.php?sect_rank=1&story_id=223367">Part Three</a>mommyesq2http://www.blogger.com/profile/09225407796914317001noreply@blogger.com0