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Friday, March 30, 2007

 
JUDGE BLASTS NEW ORLEANS PUBLIC DEFENDER SYSTEM

FACING SOUTH reports as follows:

An Orleans Parish judge has vowed to make good on his promise to begin releasing alleged criminals from New Orleans jails -- and he also announced that he would no longer appoint the local public defender program to represent such defendants, calling it a "mockery" of what such a program should be.

Criminal District Court Judge Arthur Hunter said that next month he will release 42 poor defendants from custody, and he suggested the public defender program should drop cases because it lacks the staff or money to do its job properly, the New Orleans Times-Picayune reports:

"The Louisiana Legislature has allowed this legal hell to exist, fester and finally boil over," Hunter said Friday, ruling from the bench that the poorest defendants in New Orleans are receiving the worst legal services as they face prison time. "This court must take certain measures to protect the statutory and constitutional rights of indigent defendants. Hurricane Katrina is no longer an excuse, and the state has a budget surplus."

Hunter's ruling won't be final until April 18, when the district attorney's office and public defender program are scheduled to present additional testimony on the matter. The chief of trials for the defender's program said he would need $2.1 million to properly staff his office -- about a third more than it currently has.

The public defender program now has 26 full-time attorneys and a growing caseload that stands at about 2,524 felony cases, according to the Times-Picayune.

The problems with the criminal justice system in Orleans Parish did not begin with Katrina, though the storm certainly did nothing to help matters. A report released last year by Safe Streets/Strong Communities, a grassroots group advocating for criminal justice reform, found that of 102 incarcerated people interviewed six months after the storm, not one had spoken to a public defender. As the group's director, Norris Henderson, said in a Times-Picayune op-ed:

Media reports made it seem as if this was unusual and likely due to the storm. Speaking as a person who spent many years in the state's custody, I can tell you that it is sadly par for the course.

Friday, March 23, 2007

 
EX-WIFE WITH MS MAY GET SUPPORT

The Charleston Post and Courier has reported on a sad story in which a woman with Multiple Sclerosis is owed over $100,000 in back support by her former husband. It appears that her ex-husband, Reginald Louis Brown, decided to shirk his support obligations and spend his time hiding out in South Carolina where he performed volunteer work on the educational tall ship the Spirit of South Carolina.

Brad Van Liew, executive director of the South Carolina Maritime Foundation, is quoted as saying, "He's got a good group of friends on the project. Everybody's just kind of stunned by the whole thing…I'd really like to hear his side of the story" (emphasis added).

We are sure that there are several people other than Mr. Liew who would like to hear Mr. Brown’s side of the story, including his ex-wife. And we would like to ask the State of Michigan why it took so long to locate this guy. After all, if they cannot find people who own registered boats, possess driver's licenses, owe massive amounts of back support, and live in the open, what hope is there for parents seeking back support from obligors who are more stealthy and who owe less?

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Saturday, March 17, 2007

 
THE PARENTAL ALIENATION SYNDROME--REAL OR IMAGINED?

There are those who question the existence of the "Parental Alienation Syndrome." But they may want to read The Parental Alienation Syndrome: An Analysis of Sixteen Selected Cases.

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Friday, March 16, 2007

 
"DEADBEAT DADS"—A DIFFERENT TAKE ON THE SUBJECT

In Deadbeat Dads . . . Overused and abused, Attorney Christopher A. Pearsall argues that the term "Deadbeat Dads" is "often overused, misused and even abused both by attorneys and by mothers who are simply angered that they are not receiving the funds the court ordered for the support of the child or children regardless of the circumstances." He writes further that "the term is thrown around not simply descriptively but with the intent to injure the father or otherwise taint the court’s opinion" when "[i]n truth, there are many fathers who are struggling, financially, personally, emotionally and mentally." We think that Mr. Pearsall makes some valid points, not to mention that in an earlier post we noted the fact that MANY SOUTH CAROLINA "DEADBEATS" ARE JUST "DEAD."

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Tuesday, March 13, 2007

 
ABANDONED PROPERTY LIST

The Child Support Enforcement Division of the South Carolina Department of Social Services is holding funds that were returned "undeliverable" by the U.S. Postal Service. If your name is on the list at this link, you may be owed money.

Monday, March 05, 2007

 
MORE BAD NEWS ON THE IDENTITY THEFT FRONT

The New York Times says, "Think Your Social Security Number Is Secure? Think Again." But, do not take the word of The New York Times. Log on to StolenIDSearch.com to determine if you may be a victim of identity theft. Remember, if you are a divorced parent in South Carolina, your Social Security Number is available on the Internet.

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Thursday, March 01, 2007

 
JUSTICES HEAR ARGUMENTS ON AUTISM-CASE DISPUTE

In Justices Hear Arguments on Autism-Case Dispute, the reporter notes, "While federal law gives people the right to represent themselves in court, there has been a notable exception to that general rule. Most federal courts have barred parents of children with disabilities from appearing without a lawyer in cases filed under the statute that guarantees all children a “free appropriate public education.” But, that may change now in a case recently heard by the Supreme Court.

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