Thursday, February 2, 2017
The Re-Appointment of the Honorable Daniel F. Driscoll
Dear Members of Maine's Judiciary Committee,
Judges serve an important function within our society preserving the law. They do this by interpreting the law in a fair way and being consistent in that interpretation. The decision of reappointment should not be exclusive to lawyers, judges and assorted court officials as this leads to a legal professional perspective which does not take into consideration the real life experience of the public (consumers of judicial services). In re-appointing and doing so in a fair and equitable manner the views and experiences of the public (consumers of judicial services) of a judges service must be taken into consideration. Otherwise all we have is an “ole boy” network of approval. Every effort must be made to include the thoughtful input and experience of the people of Maine, who know from experience.
Without the actual human experiential dimension, any reappointment is just rubber stamping the judge back into the court. As our Judges are tasked with protecting and advancing our laws the current closed Judicial vetting system allows for the undermining of that task. Judges are not held accountable for their actions in this closed system. While it has been argued by the legal industry that complaints can be made against a judge by the general public. The process is alien and consumes a huge amount of their time and financial resources. The public (consumers of judicial services) is left with the feeling that their input is not wanted and it is better to leave things as they are out of frustration. Because of this dysfunctional system there is little recourse by the public to better the system. It results in a system that has and is slowly degrading, and judicial services becomes the tool of those who can afford justice over those who cannot.
Are our Courts and specifically our Family Courts a public service for everyone - including the 74% who are Pro se. Or are they a publicly supported workplace for the Divorce and Legal Industry?
We see evidence that our Family Courts in Maine have a few Judges of questionable character. To be exact, there are four judges in our Family Court system, for whom we have very grave concerns about how they conduct themselves in their courts. One of these Judges is before you today and asking to be reappointed. While the decision to reappoint the Honorable Daniel F. Driscoll may have already been recommended, we want to leave you with something to think about. Stop, look and listen then think:
If your decision is wrong, who will we (the public and your constituents) be able to hold accountable for the continued abuse, pain and suffering that families that we know, have gone through and will continue to go through?
Some before you on Thursday February 2, 2017 will be watching and commenting as the public and your constituents. They are risking much in being here before you.
Thank you for your time and efforts. It is time for an in depth audit of the Honorable Daniel F. Driscoll Family Court.
Thank you for your time.
The above letter was submitted as testimony to the Judiciary Committee regarding the re-appointment of the Honorable Daniel F. Driscoll,