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Tuesday, July 20, 2010

Blasting Family Court Judges

I wonder where the people could find an authority to blast the judges in family court who, with a tried and true consistency, have ex-parte communications with the prosecutors and social workers on the recommendation of a case, including termination of parental rights, based on pre-written and/or falsely generated court reports...

Wait, I am right here!

Appeals court ruling blasts Port Huron judge

Doug Guthrie / The Detroit News

The U.S. Sixth Circuit Court of Appeals in Cincinnati on Monday chastised a federal judge in Port Huron and issued a warning to all judges in overturning the sentence of a woman imprisoned for financial fraud in Southfield.
The appeals court ordered U.S. District Judge Lawrence P. Zatkoff to resentence LaShawn Wilson, whom Zatkoff sentenced to four years in prison on July 24, 2008. The higher court ruled Zatkoff had used inaccurate information to boost Wilson's sentence beyond the suggested guideline of 2 to 2 1/2 years.
The appeals court also took issue with Zatkoff's practice of appearing on the bench before a sentencing hearing with a pre-written opinion detailing the amount of time to be served.

Zatkoff gave government prosecutors and Wilson's defense lawyer a copy of his opinion when they appeared for the sentencing. He also told the lawyers he felt the guidelines failed to provide adequate punishment for the facts of the case. But, the appeals court noted, the facts Zatkoff recited had been committed by a different defendant.

From The Detroit News: http://detnews.com/article/20100720/METRO/7200351/1409/metro/Appeals-court-ruling-blasts-Port-Huron-judge#ixzz0uFkiOCUl

Everyday, children are removed and placed in foster care based on due process violations similar to what was blasted by the Sixth Circuit.  Unfortunately, nothing is even done about it.  This is why I am here, to inform the public and policymakers of what happens behind the iron curtain of child welfare.

Here is yet another judicial decision rendered by the Michigan Court of Appeals that would never have seen the light of day.

Jane Doe v. Henry Ford Hospital Michigan Court of Appeals Opinion                                                            

Basically, the court ruled that emergency medical technicians are not obligated to report child abuse.

I do not have issues with the ruling. As a matter of fact, I commend the decision for it speaks upon the "limiting language of statutory definitions".

Now, let us look at the limitations:
  • The Attorney General, who prosecutes child abuse and neglect cases for Wayne County only, is not a mandated reporter;
  • Counties Prosecutors, who prosecutes child abuse and neglect cases of all Counties except for Wayne County, are not mandated reporters;
  • Superintendent of Michigan Children's Institute, the sole legal guardian for more than 7,000 children is not a mandated reporter;
  • Office of Children's Ombudsman is not a mandated reporter of child abuse but is a mandated reporter of violations of law to refer to Counties Prosecutors and/or Attorney General;
  • The Attorney General defends the state in violations of law when dealing with improper actions and inactions in child abuse and neglect cases (i.e. when a child is abused and neglected in foster care).
And this, boys and girls is just my tautological blast on judicial decisions in child welfare and why it is so difficult to sue any contractual arm of the state when it comes to child welfare fraud, waste and abuse.

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