Evaluating Juvenile Justice in Ohio: A Report Card
Waiver of Counsel: Incomplete
Shackling of Juveniles: F
Juvenile Transfers: C-
Rates of Juvenile Detention and Committment: C
Disproportionate Minority Confinement: Incomplete
Thursday, February 26, 2009
When law and economic policy collide
I 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)?
But this particular case won't see the Supreme Court because it was settled due to the economic atmosphere that breeds comments like those found at the end of the online posting of that article. Feel lucky you have a job rather than expect to be paid for the true value of what you do. Don't ya just love recession thinking?
But this particular case won't see the Supreme Court because it was settled due to the economic atmosphere that breeds comments like those found at the end of the online posting of that article. Feel lucky you have a job rather than expect to be paid for the true value of what you do. Don't ya just love recession thinking?
Thursday, October 23, 2008
Election research
Judge4Yourself.com
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.
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.
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.
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.
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.
We rate the judicial candidates...so you can judge for yourself.
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.
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.
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.
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.
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.
We rate the judicial candidates...so you can judge for yourself.
Wednesday, August 20, 2008
Wednesday, August 13, 2008
An appeals court has ruled that Bainbridge Township police should not have entered Phyllis Andrews' home without a warrant, even though they saw underage drinking, because no emergency existed.
"sexting" as child pornography?
"sexting" as child pornography?
Thursday, July 24, 2008
Too 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."
"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."
Interesting story
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.
"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."
Interesting story
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.
Monday, July 21, 2008
Texas v. FLDS
Texas 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 this gives me pause.
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).
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).
Wednesday, July 16, 2008
Monday morning headlines
Court rules against gay mom on ending joint custody
Proposed public-access rules for court records will go to Ohio Supreme Court for review
Cuyahoga juvenile offenders can give blood to fulfill community service
U.S. Supreme Court won’t hear Spies’ appeal in civil case filed by Anthony Harris
Juvenile Court employees to unionize?
Proposed public-access rules for court records will go to Ohio Supreme Court for review
Cuyahoga juvenile offenders can give blood to fulfill community service
U.S. Supreme Court won’t hear Spies’ appeal in civil case filed by Anthony Harris
Juvenile Court employees to unionize?
Regular feature
Rather 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?
Monday, July 07, 2008
Hey there!
Let me tell you a story...
A long long long time ago, two mommies decided to start a blog...this blog.
Then life happened and they were distracted by happy and sad life events.
Then blogger changed and they couldn't access their blog.
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!
Huzzah!
I think a template change may be in order for this new era. We shall see...
So...How ya been?
A long long long time ago, two mommies decided to start a blog...this blog.
Then life happened and they were distracted by happy and sad life events.
Then blogger changed and they couldn't access their blog.
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!
Huzzah!
I think a template change may be in order for this new era. We shall see...
So...How ya been?
Saturday, March 03, 2007
New Blogger: please stand by we are experiencing technical difficulties
Well, we've made the switch, but our archives seem to have disappeared.
We can still access the old posts in our dashboard, but not at the site.
Hmmmm.
We can still access the old posts in our dashboard, but not at the site.
Hmmmm.
Thursday, January 11, 2007
Friday, September 08, 2006
It's all so simple
Have a few things to say about this, 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.
So let me just say this for now...
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.
"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."
No...it's not QUITE that simple.
So let me just say this for now...
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.
"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."
No...it's not QUITE that simple.
How?
How do people like this become...
and stay...foster parents?
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.
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.
Wasn't anybody paying attention?!?!
Closed trial not automatic
Closed trial not automatic
THE ASSOCIATED PRESS
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.
"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."
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.
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.
Associated Press
THE ASSOCIATED PRESS
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.
"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."
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.
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.
Associated Press
Thursday, August 24, 2006
It's over?
Long saga of Juvenile Court ends with a deal
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.
OK...place your bets...
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.
OK...place your bets...
Permanency is most important?
Teen Sues Mother for ID of Father
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.
...
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.
...
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.
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?
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.
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.
...
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.
...
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.
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?
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.
Rehabilitation 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.
Their offense?
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.
The judge's reasoning makes sense on paper...
"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."
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."
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.
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.
Columbus Dispatch article
Their offense?
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.
The judge's reasoning makes sense on paper...
"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."
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."
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.
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.
Columbus Dispatch article
And I thought Ohio had problems
In Michigan, more than 300 juveniles have been sentenced to life without parole -- one of the highest such numbers in the nation.
editorial here
editorial here
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