URGENT UPDATE - This is an important opportunity for the public to provide input to the Minnesota State GAL Board. A group of concerned parents has been fighting for reform, and specifically asked to improve the complaint procedure so when you file a complaint against a Guardian it is actually heard and investigated. The Board responded and has published a draft of the proposed changes to the complaint procedure:
http://mn.gov/guardian-ad-litem/Notices/
You can submit feedback to Program Admin Suzanne Alliegro via instructions on the site. OR you can contact this group of parents, and work together with them to give feedback. They may offer public comment at the next GAL Board meeting.
E-mail: victimsofmanning@hotmail.com
OR
https://acalltoactionblog.wordpress.com/
Monday, May 25, 2015
Friday, April 10, 2015
OH - Lorain attorney who worked as court-appointed child advocate charged with downloading child porn
The real issue is that this Guardian ad litem (GAL) is a court appointed officer. Someone who is backed backed by the court system. What does it say for the court system if it is endorsing this person. What kind of damage did this person do. Awhile ago we heard of a case where the GAL told a parent that he was going to have a weekend sleepover with her son. Mind you the GAL was in his late 50s and the child was 8 at the time. The mother fought in court and was coerced into allowing the sleepover to happen. The first time I heard this story my skin crawled and the thought which entered my mind is child porn. Did it happen? In light of this case maybe it did. The fact of the matter is that our courts who we trust and entrust with our children's lives are ill prepared to deal with issues like the story we have here about a GAL.
Cleveland.com
CLEVELAND, Ohio -- A fixture of Lorain County Domestic Relations Court who often worked with children in divorce and delinquency cases is facing a federal child pornography charge.
James Paterson, 49, admitted to an FBI agent in a March 30 interview that he had between 500 and 1,000 images and 200 videos of child pornography on his computer, according to a criminal complaint filed Tuesday. He also admitted to posting comments on websites where he claimed he was a pedophile and sexually abused children, though he also said he never abused any children.
Paterson, who lives in Lorain, was also a member of a website where users can download child porn. A search on his computer found images of children -- some less than a year old -- being sexually abused, the complaint says.
Paterson worked as a guardian ad litem -- a position appointed by a judge in custody, divorce and juvenile cases to advocate on behalf of a child. He started taking cases in February 2013, according to Jody Barilla, Lorain County Domestic Relations Court's administrator.
He represented 21 children between then and Tuesday, Barilla said, and judges removed him from four pending cases once they received word of the criminal case against him.
She said he passed a background check conducted by the local court.
At the time of his arrest, Paterson also had a law practice based out of his house.
Full story: Cleveland.com
If you are involved in a divorce/ custody do not take for granted that the Guardian ad litem is pure as the driven snow.
Cleveland.com
CLEVELAND, Ohio -- A fixture of Lorain County Domestic Relations Court who often worked with children in divorce and delinquency cases is facing a federal child pornography charge.
James Paterson, 49, admitted to an FBI agent in a March 30 interview that he had between 500 and 1,000 images and 200 videos of child pornography on his computer, according to a criminal complaint filed Tuesday. He also admitted to posting comments on websites where he claimed he was a pedophile and sexually abused children, though he also said he never abused any children.
Paterson, who lives in Lorain, was also a member of a website where users can download child porn. A search on his computer found images of children -- some less than a year old -- being sexually abused, the complaint says.
Paterson worked as a guardian ad litem -- a position appointed by a judge in custody, divorce and juvenile cases to advocate on behalf of a child. He started taking cases in February 2013, according to Jody Barilla, Lorain County Domestic Relations Court's administrator.
He represented 21 children between then and Tuesday, Barilla said, and judges removed him from four pending cases once they received word of the criminal case against him.
She said he passed a background check conducted by the local court.
At the time of his arrest, Paterson also had a law practice based out of his house.
Full story: Cleveland.com
If you are involved in a divorce/ custody do not take for granted that the Guardian ad litem is pure as the driven snow.
Sunday, February 22, 2015
Maine - Management by Crisis - The Judicial Branch and Financial Shortfall 2015
Last week we had a sudden change to the Judiciary Committee schedule. The Judicial Branch was making a presentation to the Judiciary Committee for a supplemental budget of $1M to get through to July 2015. This is not the first time the Judicial Branch has gone back to the till at the last minute with hands out asking for more.
Most organizations have a budget to work with and it they miss the budget.... well there is trouble. The organization either fails or they look into why they have a shortfall and change to accommodate. As an individual it is the same thing. You anticipate what your expenses are for the upcoming month based on what you paid out in the past
When asked about the shortfall and why the Judicial Branch has a shortfall.... again - the spokesperson for the Judicial Branch answered "I don't know why".
Which should come as no surprise to anyone. Here we have an organization full of lawyers being run by lawyers . About the only thing that lawyers can do well and with efficiency is bill for services.
It might be time for the Judiciary to hire people who are professional managers and get past the management by crisis that we see year after year. Who can look at how things are run within the branch and bring efficiencies to the organization. Who would be able to say why there is a shortfall and make sure the Judicial Branch does not go back to the till again... and again with out held hands.
The management by crisis is but a symptom of a far greater problem that has infected the court system. We have seen it with the Guardian ad litem crisis and have seen it with the Family Courts. Our system of justice is crumbling down around us.
Support Family Court reform by contacting us at NatGAL at NationalGALalert@gmail.com or finding us on Facebook.
Most organizations have a budget to work with and it they miss the budget.... well there is trouble. The organization either fails or they look into why they have a shortfall and change to accommodate. As an individual it is the same thing. You anticipate what your expenses are for the upcoming month based on what you paid out in the past
When asked about the shortfall and why the Judicial Branch has a shortfall.... again - the spokesperson for the Judicial Branch answered "I don't know why".
Which should come as no surprise to anyone. Here we have an organization full of lawyers being run by lawyers . About the only thing that lawyers can do well and with efficiency is bill for services.
It might be time for the Judiciary to hire people who are professional managers and get past the management by crisis that we see year after year. Who can look at how things are run within the branch and bring efficiencies to the organization. Who would be able to say why there is a shortfall and make sure the Judicial Branch does not go back to the till again... and again with out held hands.
The management by crisis is but a symptom of a far greater problem that has infected the court system. We have seen it with the Guardian ad litem crisis and have seen it with the Family Courts. Our system of justice is crumbling down around us.
Support Family Court reform by contacting us at NatGAL at NationalGALalert@gmail.com or finding us on Facebook.
Wednesday, December 17, 2014
Divorce Corp - Backdoor Deals and Cozy Relationships between GALs and Judges
Director Joe Sorge (DivorceCorp) interviews Maine psychiatrist and director of Maine Guardian Ad Litem Alert, Jerry Collins. They discuss the backdoor deals and cozy relationships between the guardian ad litems (GALs) and other family court professionals. Families are forced to pay outrageous fees and often get little for their money.
Learn how Guardians ad litem demand excessive fees and are essentially unregulated in their practice. It is another shocking example of the corrupt practices in US family courts.
DivorceCorp - Family Law Report: Jerry Collins Interview Part1
If you would like more information and become involved email us at NationalGALalert@gmail.com or find us on Facebook.
Learn how Guardians ad litem demand excessive fees and are essentially unregulated in their practice. It is another shocking example of the corrupt practices in US family courts.
DivorceCorp - Family Law Report: Jerry Collins Interview Part1
If you would like more information and become involved email us at NationalGALalert@gmail.com or find us on Facebook.
Sunday, December 14, 2014
Georgia - Who guards the guardians?
Change the name of the state and this article can be applied to anywhere in the country. There are some great lines - especially towards the end of the article. Please note that you may have to answer a survey (1 question) in order to read the whole article.
The Augusta Chronicle
Are guardians ad litem indispensable legal advocates, or court-sanctioned opportunists out for a buck?
It can be hard to tell based on how some guardians are conducting themselves in domestic-relations cases in the Augusta Judicial Circuit.
A recent review of more than 5,000 cases by The Augusta Chronicle revealed a concerning number of instances where GALs submitted questionable invoices with little or no supporting documentation to litigants in divorce and child-custody matters.
And at a minimum rate of $65 an hour, it doesn’t take long for their court-ordered services to generate hundreds – sometimes thousands – of dollars in non-negotiable fees for families by the time their cases are resolved in Richmond and Columbia counties.
To make matters worse, some of the GALs most commonly appointed by local judges appear to be padding invoices by charging for visits and phone calls they never made. One father, for example, said his GAL, Janet Weinberger, handed him a $1,400 bill that included a $26 charge for a field visit to his daughter’s elementary school that there’s no evidence of, and a $65 phone call that appears to never have been made.
In most lines of work, such practices wouldn’t be tolerated, and might even be punished.
Worse yet, divorcing parents have reported that guardians ad litem were quite heavy-handed in collecting payment, giving very little time and no leeway for strapped budgets.
In short, the poorly regulated guardian ad litem program seems to be adding unnecessary stress to the divorce process in Augusta.
Full story: The Augusta Chronicle
The Augusta Chronicle
Are guardians ad litem indispensable legal advocates, or court-sanctioned opportunists out for a buck?
It can be hard to tell based on how some guardians are conducting themselves in domestic-relations cases in the Augusta Judicial Circuit.
A recent review of more than 5,000 cases by The Augusta Chronicle revealed a concerning number of instances where GALs submitted questionable invoices with little or no supporting documentation to litigants in divorce and child-custody matters.
And at a minimum rate of $65 an hour, it doesn’t take long for their court-ordered services to generate hundreds – sometimes thousands – of dollars in non-negotiable fees for families by the time their cases are resolved in Richmond and Columbia counties.
To make matters worse, some of the GALs most commonly appointed by local judges appear to be padding invoices by charging for visits and phone calls they never made. One father, for example, said his GAL, Janet Weinberger, handed him a $1,400 bill that included a $26 charge for a field visit to his daughter’s elementary school that there’s no evidence of, and a $65 phone call that appears to never have been made.
In most lines of work, such practices wouldn’t be tolerated, and might even be punished.
Worse yet, divorcing parents have reported that guardians ad litem were quite heavy-handed in collecting payment, giving very little time and no leeway for strapped budgets.
In short, the poorly regulated guardian ad litem program seems to be adding unnecessary stress to the divorce process in Augusta.
Full story: The Augusta Chronicle
Friday, December 5, 2014
Georgia - What did judges know about guardian ad litem issues?
This should not come as a surprise that judges - people whom many of us were taught to show respect for the position they hold. Have complaints filed against them. In Georgia - a state that has huge problems with their family courts - we have a situation where a judge (Daniel Craig) is being investigated
AUGUSTA, GA - Fox 6 WBRC
We're following up on complaints against guardians ad litem in the Augusta Judicial Circuit, including those made against former magistrate judge Doug Nelson and longtime guardian Janet Weinberger.
We now know the Judicial Qualifications Committee is investigating what superior court judge Daniel Craig may have know about complaints against Nelson. The JQC annual report said in 2013, 75% of complaints against Georgia judges were rejected. But a letter from the JQC shows they are looking into these cases.
After hearing the JQC was getting involved – we wanted to know what the superior court judges who appoint and control these guardians know about the complaints?
Judge Daniel Craig presided over multiple cases in which mothers revealed to WFXG accusations that Doug Nelson was inappropriate with them while working on their cases.
Nelson has denied all allegations of wrong-doing.
Full story: Fox 6 WBRC
AUGUSTA, GA - Fox 6 WBRC
We're following up on complaints against guardians ad litem in the Augusta Judicial Circuit, including those made against former magistrate judge Doug Nelson and longtime guardian Janet Weinberger.
We now know the Judicial Qualifications Committee is investigating what superior court judge Daniel Craig may have know about complaints against Nelson. The JQC annual report said in 2013, 75% of complaints against Georgia judges were rejected. But a letter from the JQC shows they are looking into these cases.
After hearing the JQC was getting involved – we wanted to know what the superior court judges who appoint and control these guardians know about the complaints?
Judge Daniel Craig presided over multiple cases in which mothers revealed to WFXG accusations that Doug Nelson was inappropriate with them while working on their cases.
Nelson has denied all allegations of wrong-doing.
Full story: Fox 6 WBRC
Friday, November 7, 2014
Maine - New Rules for Guardians ad litem versus or ... Judicial Discretion.
We are sure that the 78 page document spelling out a set of new Rules for Maine Guardians ad litem represents many hours of work on the part of some Judicial Branch Committee. However, to this reader, they are a very perplexing document. Exactly what are they supposed to be? Are they a job description? Are they some sort of regulations aimed at governing and bounding the work related actions of Guardians ad litem in divorce and custody (and protective) cases? Are they a set of voluntary guidelines to be followed if the GAL wishes? Are they well intentioned (but empty) ideals? What are they? It is far from clear.
Any set of Rules on paper may look fine, but their value and meaning come from whether they are enforced or not- and how. For these new Rules there appears to be no enforcement. There appears to be no consequences of any kind for not following them. There is no designated entity responsible for oversight to see if the Rules are being followed. There is nothing we can see, except for the reporting of complaints by the ‘pro se’ public. This complaint process itself is a confusing procedure guaranteed to fail. To this reader the message in the new rules seems to be: "it would be nice if Guardians ad litem learned these Rules and tried to follow them. But if they don't, not to worry. There are no consequences.
The complaint procedure speaks loud and clear to these issues. For family courts in which 74% of litigants are 'pro se', the complaint protocol spelled out in the new Rules is frankly unusable. It's complexity, its lack of instruction about "how to", its legalistic posture, its insistence on "innocent until proven guilty" even in cases needing only minor corrective action, its extreme concern about due process, makes it bullet proof against any public complaint. It also has no use as a management tool, a heads up from a member of the public that is simply aiming to improve GAL quality in cases of less serious malfunctioning. We guess that the court feels that GALs don’t need management? GALs all over Maine can heave a sigh of relief. Courts can breath easier. The complaint procedure won't be used, or, if it is used by an unaware 'pro se' litigant they won’t succeed in penetrating its airtight defenses.
For the time being, Guardians ad litem will be able to escape any consequences of ‘pro se’ public complaints, but please don’t think that this will make the GAL problems go away. They will just fester, suppurate, expand and grow larger. Sooner or later the GAL malfunctioning problems will be uncontainable and a public scandal will burst through!
The "Catch 22" about the proposed new Rules (or the current ones) is that their courtroom enforcement appears to be totally a matter of judicial discretion. They can be discarded, amended or altered if a judge- quite independently of any rules- decides to order GAL actions not covered by the Rules for Maine GALs, or ... to ignore flagrant violations. a piece of this problem- in our experience- is that many judges and many GALs lack specific, detailed knowledge of the GAL Rules and have only a "general idea" about Rules for GALs. "Judicial discretion" seems to allow for creative use of the Rules in any which way.
To many of us, the recent Maine Supreme Court appeal, the Dalton vs Dalton case, appears to tell litigants that even a well-documented carefully reasoned exposition of what looks like a gross abuse of current GAL Rules by the GAL and documentation of a similar situation by the judge risks a "contempt of court" complaint. It also risks "hand signals' to the Overseers of the Bar to open a 'sua sponte' complaint against the lawyer who dared to document the problems. The implications of this series of actions seem clear to us: any lawyer who robustly defends a client faced with dysfunctional judicial or GAL behavior is in extreme professional danger. DON'T DO IT!
The answer to correcting the dysfunctions in GALs and judges seems to be to bury the problem, until the weight of scandal and and corruption from within cannot be suppressed. A massive public cry of outrage and a demand for action ensue. The fairly recent scandals in the Catholic Church come to mind as an example. Suppression only works for a shorter and shorter period in the age of the Internet.
In our interest for reform, we are tempted to say to the Judicial Branch, "Do nothing. Let your unenforced Rules and your unusable complaint procedures stand exactly as they are. In the long run, they have within their carefully crafted attempts to control and suppress the truth (at a time when the Internet dictates that “you can run, but can’t hide”), the inevitable roots of a huge scandal, forced change and reform. We're just not there yet!
There should be an easier way for all.
We shall overcome. ... someday!
Please contact us at NationalGALalert@gmail.com for more information.
Any set of Rules on paper may look fine, but their value and meaning come from whether they are enforced or not- and how. For these new Rules there appears to be no enforcement. There appears to be no consequences of any kind for not following them. There is no designated entity responsible for oversight to see if the Rules are being followed. There is nothing we can see, except for the reporting of complaints by the ‘pro se’ public. This complaint process itself is a confusing procedure guaranteed to fail. To this reader the message in the new rules seems to be: "it would be nice if Guardians ad litem learned these Rules and tried to follow them. But if they don't, not to worry. There are no consequences.
The complaint procedure speaks loud and clear to these issues. For family courts in which 74% of litigants are 'pro se', the complaint protocol spelled out in the new Rules is frankly unusable. It's complexity, its lack of instruction about "how to", its legalistic posture, its insistence on "innocent until proven guilty" even in cases needing only minor corrective action, its extreme concern about due process, makes it bullet proof against any public complaint. It also has no use as a management tool, a heads up from a member of the public that is simply aiming to improve GAL quality in cases of less serious malfunctioning. We guess that the court feels that GALs don’t need management? GALs all over Maine can heave a sigh of relief. Courts can breath easier. The complaint procedure won't be used, or, if it is used by an unaware 'pro se' litigant they won’t succeed in penetrating its airtight defenses.
For the time being, Guardians ad litem will be able to escape any consequences of ‘pro se’ public complaints, but please don’t think that this will make the GAL problems go away. They will just fester, suppurate, expand and grow larger. Sooner or later the GAL malfunctioning problems will be uncontainable and a public scandal will burst through!
The "Catch 22" about the proposed new Rules (or the current ones) is that their courtroom enforcement appears to be totally a matter of judicial discretion. They can be discarded, amended or altered if a judge- quite independently of any rules- decides to order GAL actions not covered by the Rules for Maine GALs, or ... to ignore flagrant violations. a piece of this problem- in our experience- is that many judges and many GALs lack specific, detailed knowledge of the GAL Rules and have only a "general idea" about Rules for GALs. "Judicial discretion" seems to allow for creative use of the Rules in any which way.
To many of us, the recent Maine Supreme Court appeal, the Dalton vs Dalton case, appears to tell litigants that even a well-documented carefully reasoned exposition of what looks like a gross abuse of current GAL Rules by the GAL and documentation of a similar situation by the judge risks a "contempt of court" complaint. It also risks "hand signals' to the Overseers of the Bar to open a 'sua sponte' complaint against the lawyer who dared to document the problems. The implications of this series of actions seem clear to us: any lawyer who robustly defends a client faced with dysfunctional judicial or GAL behavior is in extreme professional danger. DON'T DO IT!
The answer to correcting the dysfunctions in GALs and judges seems to be to bury the problem, until the weight of scandal and and corruption from within cannot be suppressed. A massive public cry of outrage and a demand for action ensue. The fairly recent scandals in the Catholic Church come to mind as an example. Suppression only works for a shorter and shorter period in the age of the Internet.
In our interest for reform, we are tempted to say to the Judicial Branch, "Do nothing. Let your unenforced Rules and your unusable complaint procedures stand exactly as they are. In the long run, they have within their carefully crafted attempts to control and suppress the truth (at a time when the Internet dictates that “you can run, but can’t hide”), the inevitable roots of a huge scandal, forced change and reform. We're just not there yet!
There should be an easier way for all.
We shall overcome. ... someday!
Please contact us at NationalGALalert@gmail.com for more information.
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