Did the Guardian ad litem get it right - Former Meth Lab

Years ago we often ran pieces asking the reader for an opinion.

Well we want your opinion - Did the Guardian ad litem get it right? What would you do?


The parents are going through a divorce and the child ( who is three years old ) they share is with one parent ( primary ) most of the time. The other parent ( secondary ) has the child most weekends from Friday night to Sunday afternoon. One weekend a month the child goes for an over night to the parents( grandparents ) of the primary caregiver/ and the balance of the weekend the child stays with the primary parent. The parents for the most part get along despite the separation/ divorce.

The Guardian ad litem has met with both parents as well as the grandparents. These meetings have been at both the residences as well as at the office of the GAL. The child is allowed visitation according to the previous schedule mentioned above.

The secondary parent has voiced concern about when the child visits with the grandparents. The grandparents recently moved to a house that they were given. This house was a former meth lab and there has been no real rehabilitation to the building. The child has visited the grandparents at this house several times. It is reported by the secondary parent that the outside of the building is run down with junk in the yard. That there is a shed that is over flowing with garbage.

Is this a safe environment for a child to visit? Did the Guardian ad litem get this right?


MeGAL is working to bring about change to the broken Family Court system with a focus on Guardians ad litem. We encourage you to get involved to bring about change.

Can Family Courts be Fixed

Do you believe that having cameras in Family Courts would increase court accountability?

What Should You Ask Your Guardian ad litem?

Our court system has us believe that the role of Guardian ad litem is at least in theory a person who is the eyes and ears of the court offering a neutral and unbiased view of the divorcing family. In practice the person who operates in this role is anything but. The Guardian ad litem’s personal values and agenda clouds the process and as a result this can be a source of conflict with you.

Ask yourself this:

How well do you know this person?

What happens if your values differ from that of this court appointed official?

Our Family Court system markets the belief that in the roll of Guardian ad litem we have a person who we are to believe is an expert in determining – where your child should live, the impact of divorce or domestic violence, visitation, custody, law, psychology and social work to name a few areas. This expertise comes from just a few hours of training with little or no focus. There is no test to determine whether or not this Guardian ad litem understands the material. There is no mentoring program after the Guardian ad litem completes training. To make matters worse - there is no oversight or management of this person in this role. Doctors, lawyers, judges, electricians, plumbers, nurses, oil burner technicians, chiropractors, social workers and dental hygienists have more training and oversight. In addition to the training and oversight we can ask people in these professions questions without the fear of being reprimanded for doing so.

You – as a consumer – need to inform yourself about the person who is being thrust into your life and making decisions which you have no control over. They should be asked before any Guardian ad litem has become a part of your life - chances are the Guardian ad litem is already wreaking havoc in your divorce/ custody. It is not too late.

These questions are being presented in no particular order or grouping. In most cases the answers will have meaning for you and should be used as a tool to help in understanding the Guardian ad litem. In asking any of these questions if the Guardian ad litem refuses to answer or gives a non-answer answer – that is a behavioral message and a clue as to the makeup of the person. The questions and answers should be entered in as evidence or asked in court of the Guardian ad litem. It becomes part of the record.

After going through this list if you can think of questions that may be appropriate to ask we would encourage you to share. A link will be provided to voice those questions.

Presented here are some basic questions (depending on the answer there may be follow up questions):

1. Do you have experience as a law enforcement officer in conducting investigations?
2. What is your actual field of professional expertise?
3. What makes you an expert in determining what is good for other people’s children?
4. What makes you an expert in determining how other people should conduct their lives?
5. What is your child hood family background?
6. What is your own family history as an adult?
7. What is your own marital history as an adult?
8. What is your own relationship history as an adult?
9. Why do you want to be appointed to this case?
10. What do you see your role in this case to be?
11. How do you separate your underlying professional behaviors from your role as Guardian ad litem functions?
12. As a Guardian ad litem going through training were you ever tested on what you learned?
     a. YES – What was the score you received?

     b. NO – How do we know that you understand the material taught/ discussed?
13. As a Guardian ad litem you are tasked as being neutral and unbiased in conducting your investigation and in making recommendations.
     a. How do you maintain neutrality during your investigation?
     b. How do you keep your personal bias and agenda out of the cases?
     c. Does the judge provide supervision and oversight when you are appointed to a case?
14. As a child did you ever experience issues involving the absence of one or both parents?
     a. YES – What was that experience like for you?
     b. NO – How can you understand what the issues are?
15. Do you have experience with research in dealing with child custody?
     a.  YES - What specific research can you sight?
     b.  NO – If not then please explain how you are able to conduct an investigation?
16. Please describe what was/ is the relationship you had/ have with your Mother?
17. Please describe what was/ is the relationship you had/ have with your Father?
18. Are there any ongoing issues with either?
19. Did you grow up in a divorced home?
20. Do you have siblings?
21. Do you have Grandparents?
22. As a child did you have contact with your extended family?
23. Do you come from a religious home?
     a.  YES – What is your religion currently?
24. Did/ do you come from a particular ethnic background?
25. We grow up with a belief system. It is a part of what defines us as a person.
     a.  Has your belief system ever interfered with an investigation?
     b.  Did/ will your belief system interfere with this case?
     c.  NO – How do we know?
26. Do you apply your own values in making recommendations to the court?
     a.  YES – Can you describe what some of your personal values (political, social as example).
            i.  If my values are different than yours how will that affect your perception of me as a             parent?
     b.  YES – As a neutral observer – why are your values better than either parent?
     c.  NO – How can we be sure?
     d.  NO – As a neutral observer – are you saying that your investigation is neutral with regards to the values you have?
             i.   If so then what test do you use to verify this?
             ii.  How can we be sure your values will not influence how you view this divorce/ custody?
27. In making your recommendations to this court please explain how you arrived at the following:
      a.  The visitation schedule?
      b.  Custody?
28. Have you ever been married?
      a.  YES – How many times?
      b.  NO – How are you able to understand the dynamics of married life?
29. Have you ever been divorced?
      a.  YES – How many times?
      b.  YES – Did you ever go through litigation?
              i.   YES – Did you have issues with child support?
              ii.  YES – Did you have issues with the custody agreement(s)?
      c.  NO – What experience do you draw upon in order to understand what a divorcing family goes through?
30. Do you ever refer cases you are involved in to Child Protective services?
      a.  YES – What are your criteria for such a referral?
      b.  YES – Is the claim of child abuse always a criminal claim?
      c.  YES – Should criminal allegations be removed from Family Court to an investigation by the Attorney General’s Office?
31. Which Judges do you frequently work with?
32. Which lawyers do you work with on cases?
33. How many of your cases have been appealed to a higher court?
34. Have you ever been sanctioned:
      a.  By a Judge?
      b.  By a Higher Court?
      c.  The result of a complaint?
35. How many cases have you been involved with as a Guardian ad litem?
36. How do your clients respond to the work you do as a Guardian ad litem?

While these questions should be asked before the Guardian ad litem has been assigned by the judge - quite often it will not be until after you recognize there is a problem with the way this person operates. It is never to late to start asking. Make the questions and answers for the record. If you have any questions which you think may be appropriate we ask that you follow this [LINK] to submit. We will maintain a running list of questions.

MeGAL is working for reform in our Family Court system. This includes the role of Guardian ad litem (court vendor), Parent Coordinator, Special Master and court evaluators. If you have issues we ask that you contact us at MeGALalert@gmail.com or find us on Facebook.

Felicity Myers

You're a mean one, Mr. GAL - Happy Holiday

You're a mean one, Mr. GAL.
You really are a heel.
You're as cuddly as a court room,
You're as charming as a court appeal,
Mr. GAL.
You're a bad banana with a greasy black peel.

You're a monster, Mr. GAL.
Your heart's an empty soul.
Your brain is full of nonsense.
You've got garlic in your brain, Mr GAL.
I wouldn't touch you with a
Thirty-nine and a half foot pole.

You can imagine how the rest of the song goes.




Unless you have a record of abuse - physical and or mental - there is little reason for a Guardian ad litem to make a "recommendation" to the court that you should not spend time with your child(ren). Guardians ad litem do not have the training that a psychologist would have ( as example ) in determining whether a child will be harmed or whether you should see your child. Unfortunately Guardians ad litem will use their position in the courts to influence a judge. 

You are not alone in thinking that what you are experiencing is unfair and unjust. It is. You have to have strength to overcome this injustice. It will also take time to document in writing and other media what is going on. You have to look at what you are experiencing in the long term and realize that it will probably take time. Be patient.

MeGAL works to educate the public and our elected officials on the issues within the Family Court system. We concentrate on the court vendors - Guardians ad litem - as they bring little value compared to their expense to the table. If you have had issues with a Guardian ad litem we encourage you to contact your state representatives and find us on Facebook.

Felicity Myers GAL

“We seek nothing less for Maine people’s access to justice.” - Chief Justice Saufley

“The public deserves electronic access to its government,” Chief Justice Leigh Saufley when asking for $15 million from the legislature to create electronic access.

Three years later and one task force later it is starting to look as if the "public" really means lawyers.

You - as consumers of "justice" have an opportunity to tell the states judiciary what you think about equal access to justice.

As a Pro se litigant will you have the same access as lawyers? What if you want to research how many GALs make certain recommendations for certain parents? How many times has that lawyer from Camden or Portland "won" their divorce for their client? These and many other questions could be answered - or - they can remain hidden until someone who has the time can go and look through the cardboard boxes these files reside in.

You be the judge.

We encourage you to email the Judicial Branch at - lawcourt.clerk@courts.maine.gov your letter must be in pdf format and received by December 15, 2017. Any comments left here will be forwarded unless you ask not too.

For more: http://www.courts.maine.gov/maine_courts/committees/tap/notice.html

Is Junk Science used in Family Courts?

Junk Science -

is the name given to popular, unscientific concepts, consultants and practices used in some courts to defend and justify actions and decisions that might be hard to justify otherwise.

Commonly there is no form of testing to prove or disprove an idea or recommendation that a Guardian ad litem or Family Court is promoting.

Junk science by its ungrounded, unscientific foundation potentially corrupts the judicial process, and it is the source of much human pain and disillusionment, when it is used.  It significantly undermines public confidence in the intelligence and fairness of the judiciary and the courts.

When Guardians ad litem and lawyers make far reaching pronouncements about a child or a party with whom they have had little interaction and offer speculative opinions for which they have no scientific basis, this is "junk science".  When they project into the future (no one can foretell the future), this is pure junk science, when they label parties and/or their children with catchy syndromes that are unrecognized by leading national professional organizations in the field, this is junk science.  When they recommend or prescribe trendy treatments or counseling that have no recognized  scientific basis, this is prescribing "junk science".  When some courts force unwanted treatment or demand the release of privileged, personal therapy records in non-criminal divorce cases- using the threat of contempt- this can only be labeled as practicing  “junk science”.  It is totalitarian and it is destructive of human worth, dignity and human rights.  It ill becomes a democratic society.  When some courts duplicate and/or override the findings of Children's Protective agencies or highly qualified professional consultants, this is junk practice.

Junk science is an area of court usage that needs careful, undefensive review, data collection and high level behavioral medicine consultation to develop the best standards if courts are to correct a bad practice

MeGAL work to bring about change in the Family Court system. We would encourage you to become involved by talking to your state representative. Please find us on Facebook.

felicity myers

My Lost Love, My Lost Child - A Poem

A divorcing family is hard for everyone especially the child(ren). The following poem by Garrett W. Wheeler - My Lost Love, My Lost Child is a cry out for a child by a father. The poem could pertain to anyone - mother, father or the grandparent who doesn't get to see that child anymore...


My Lost Love, My Lost Child
I wonder what you’re doing
and how you’re living life
what new things did you learn today
and how did you sleep last night
did you feel raindrops on your face
or sunshine in your eyes
of all the questions left unknown
the biggest one is why
why can’t we be together
why can’t I watch you grow
why can’t I guide you through this world
this I just don’t know
but I promise we’ll be together
no matter how long it seems
just know your always in my heart
and always in my dreams

poem written by © Garrett W. Wheeler

MeGAL offers support to those parents who have little to no contact with their child(ren).

Felicity Myers

Remember Our Veterans

This weekend as we honor those who fought to help maintain the freedoms you and I have.

Remember that many veterans have returned from deployment only to be thrown into conflict for which they were ill prepared. Fighting in the arena of Family Court.

These veterans find them selves fighting a foreign war where their children are taken away from them. Their rights abused and ignored and they are left broken physically and in spirit - destitute and homeless.


Family Courts operate in an opaque environment - you can take the step to make it transparent. Become involved for the benefit of a veteran as well as yours. Call your state representatives and write to them about the problems and issues in Family Courts. Help a veteran - help yourself.

Does the Bar encourage false claims of Parental Neglect?

Several years ago the Family Section of the American Bar did a study that covered the issue of programmed and brainwashed children.

It was "discovered" that of those cases the Bar looked at - none - had any merit for litigation this despite claims of:

Abuse; parental neglect; alcohol and or drug use/ addiction and poor social and or physical environment - to name a few of many issues.

The Bar discovered that it was the emotional and social needs of the programmer/ brainwasher that brought about the aggressive conflict with the target parent.

Family Court has known about the issues you have been experiencing for decades - but has done nothing to minimize or prevent what you experienced.


MeGAL helps parents and others understand what is going on in our failed Family Court system. We would encourage you to let others know your story of being falsely accused. Become involved.

American Bar Discovers Parents Are Being Alienated from their Children

During your divorce and after did you feel that your children were being alienated from your life? Brainwashed or even programmed?

Did anyone listen to what you had to say or were you told that you were just "sour grapes"

Well you should know that several years ago the "Family" Section of the American Bar did a study that concentrated on children being brainwashed, programmed and alienated from the target parent.

For instance the American Bar found that the parent who was actively brainwashing often rationalized what they were doing - and doing so "in the best interest of the child". Often claiming that they were the parent telling the truth.

The brainwashing parent used what ever means available to punish the target parent - often using the former couples children to deliver the message.

In over 20% of the cases studied religion was used to label the target parent as being "bad".

The Bar discovered that the programmers thinking was irrational.

The list goes on and as the targeted parent you could probably add to what was discovered by the American Bar. Yet the Bar has done little to shed light on the problems associated with one parent alienating another. This despite knowing how to detect and manage the problem in the court system.

One thing that you should do as the targeted parent is document every instance that alienation happens. Keep a journal, get a voice recorder and record what is happening to you. Otherwise it is your word against the brainwasher.

MeGAL is for "Family" Court and Guardian ad litem reform. We do so by educating parents on how to protect them selves in "Family" Court. Please find us on Facebook or email us at MeGALalert@gmail.com

Do I Have to Accept The GALs Appointment?

Because the courts recommend a Guardian ad litem (GAL) does not mean you have to accept the appointment.

We have talked with a number of parents who told us that they had a Guardian ad litem appointed and were afraid to say no to the appointment. We were asked could they have objected to the appointment?

Yes they can.

Object to the appointment. Let the court know that you refuse the appointment of a Guardian ad litem so that it is on record.

You lose nothing and gain everything by doing so. The courts may feel that the appointment is needed - let them force the GALs appointment.

If you agree it becomes harder to make a case against the "work" the GAL will do during your families divorce. If something happens that does not sit well with your beliefs you now have to show why this GAL should be removed - an impossible task. The courts are going to look at you and ask why you agreed to the GALs appointment in the first place if you didn't want one. You look bad and indecisive in the eyes of the court.

By refusing the appointment of the GAL in the beginning you are telling the court that you do not believe in the use of this vendor. It becomes easier to object to the continued use of the GAL. You still may not be able to remove the GAL - but at least you do not appear to be sour grapes who has had a change of heart half way through the process.

MeGAL works for change in the "Family Court" system by educating parents and our representatives. If you have a concern about your case we encourage you to talk with your state representatives.
.
felicity myers

Has Your Child Been Brainwashed or Programmed?

If you as a parent feel that your child(ren) is being programed or brainwashed by the other parent you are not alone.

In a study by the American Bar Association (ABA) Family Section some surprising facts came about.

• Accusations made by the brainwasher/ programmer (Alienator) were never followed up upon by Guardians ad litem (court vendors), lawyers or others who were party to the case. Many Guardians ad litem - for instance - claimed that it was almost impossible to detect.
• In the majority of cases - there was no history of abuse, drug or alcohol abuse or that the child(ren) lived in an environment that was poor and sickly. Yet when these types of accusations were made against the alienated parent they were rarely if ever followed up upon.
• If you as the target parent of the alienation had moved on - career, new house or marriage - it was shown that the brainwashing/ programming only intensified against that parent.

 How did the children fare?

• In interviews with the children - 80% - of them wanted the alienating process discovered.
• That - 70% - felt some kind of relief when the alienating process was discovered.
• It was discovered that many of the children would say what the alienator wanted - especially when that person was present. When in the presence of the other parent they would often display love and affection towards that parent.
• Simple but specialized interviewing techniques would uncover this alienating behavior in the alienating parent.

As a parent it is hard to bear hearing some of the things that our child(ren) may say to us as a result of the brainwashing/ programming they are going through. You have to understand that your child is probably struggling and may feel powerless to do anything for fear of punishment. Talk to your child and ask if there was anything that may have upset or cause concern during your visit with them. Do this before they are brought back. If there is address it with them and if it becomes a problem later on with the other parent you can let them know that you worked it out with your child(ren).

Family Courts have known for years about alienating parents and the brainwashing/ programming that happens. Yet they have either chosen to do nothing or are ill equipped to do anything about it.

MeGAL provides support and education on the issues within the Family Court system. If you have or are experiencing problems please contact us at MeGALalert@gmail.com or find us on Facebook.

The Programming and Brainwashing of Children by Another Parent

The American Bar Section of Family Law did a twelve year study on the issue of programming and brainwashing of children by a parent.

Some of the findings:

Those who were/ are a part of the case - Lawyers, Judges and other court vendors often knew of the problem but would do little or nothing because of the process involved with proving it.

Many Guardians ad litem (GALs) (court vendor) and mental health professionals were (and still are) ill equipped to recognize that programming and or brainwashing was occurring.

If you feel that brainwashing has been going on or that your child(ren) are being programmed - you are probably not alone in knowing that. There is a good change that the courts and their vendors also know - but choose to do nothing about it.

The courts choose to ignore.

MEGALs Reply to the Judiciary Committee

Janet Stocco
Legislative Analyst
Office of Policy and Legal Analysis

Dear Ms Stocco,

Please, convey my thanks to the Chairs of the Judiciary Committee, Keim and Moonen, for including me as one of the recipients of their important letter to Chief Justice Saufley. I was impressed that the committee which has oversight of the Judicial Branch would take this very direct oversight step, which I've often wondered about in the past, but never seen before. They are to be commended, and one hopes that "long journey begins with first step."

The Guardian ad litem complaint procedure would benefit from a detailed analysis of why no complaints from "consumers" ever seem to stick? Are the complaints naively formulated? Are they defeated in internal committee debate? Is the judgement of a complaint an "all or nothing" event in which there is no room for even minor "corrective action"? Is the committee unfairly balanced with "special interests" that are protective of GALs? One is tempted to ask, with a "perfect record" of complaint defeat, are all GALs in fact "perfect". One might further observe; with a complaint record suggestive of "perfection", do these "paragons" really need a complaint procedure? Is any procedure which never once scores a "hit" in its entire history, a waste of time and money?

I would suggest that a careful, formal analysis of this "phenomenon of apparent GAL perfection" by the Judicial Branch for review by the Judiciary Committee might provide enlightenment for the very perplexed public.

Yours for understanding GAL "perfection".

Sincerely,

Jerome  A Collins, MD

ME Judiciary Committee to Chief Justice Saufley on GAL Review Board and Complaint

In what was a surprise move by the Judiciary Committee - a letter was sent to Honorable Leigh I. Saufley, Chief Justice of Maine's Supreme Court regarding the Guardian ad litem Review Board and Complaint process.

The recommendations made - while they do not go nearly far enough in our opinion - is a start. It also shows that consumers of these services who spoke out or wrote in had an impact on the opinions of this committee. Below is the letter which was sent:



July 18, 2017

Honorable Leigh I. Saufley, Chief Justice
Maine Supreme Judicial Court
Cumberland County Courthouse
205 Newbury Street
Room 139
Portland, Maine 04101-4175

Re: Guardian Ad Litem Review Board and Complaint Process

Dear Chief Justice Saufley:

As you may know, the Judiciary Committee this session considered and unanimously supported LD 457, An Act To Repeal the Sunset Date on the Children Guardians Ad Litem Law. As the title suggests, this bill repeals the sunset provision in Title 4, Chapter 32, the comprehensive law enacted by the 126th Legislature to reform the statutes, rules and procedures involving the court-appointment, compensation, and oversight of children's guardians ad litem in guardianship, adoption, divorce, parental rights and responsibilities, and child protection proceedings.

At the public hearing on LD 457, we encouraged to learn from Chief Judge E. Mary Kelly about the reforms the Judicial Branch implemented after the enactment Of Title 4, Chapter 32: the development and adoption of the new Maine Rules for Guardians ad Litem governing the qualifications, standards of conduct, and appointment of guardians ad litem as well as the procedures governing oversight of guardians ad [item by the Guardian ad Litem Review Board, a new, independent unit of the Board of Overseers Of the Bar. We are satisfied that these reforms were necessary responses to address the concerns that led to enactment of Title 4, Chapter 32.

We were troubled, however, by the testimony we heard and received indicating that some parties in court proceedings where guardians ad litem have been appointed remain frustrated by the perceived lack of accountability enjoyed by guardians ad litem. Individuals who testified against LD 457 expressed confusion surrounding what they view as an overly complex and impersonal Guardian ad Litem Review Board Complaint system as well as dismay that the heavy representation of rostered guardians ad litem on the Review Board prevents complainants from receiving a fair evaluation of their grievances. We therefore respectfully request that the Judicial Branch and the Guardian Ad Litem Review Board consider implementing the following changes to the Guardian Ad Litem Review Board and the complaint process:

• improve the balance in board membership between rostered guardians ad litem (currently 8 members) and members of the public (currently 4 members);
• clearly inform complainants both on the complaint form and on the board's publicly accessible website that board staff are willing and able to assist complainants both with filling out the complaint form and with understanding the complaint process; 
• remove question C. 1 from the complaint form, which inquires whether the complainant is aware of any past complaints against the guardian ad litem; 
• require board staff to immediately acknowledge receipt of all complaints in writing; 
• ensure complaints are processed in a timely manner, with periodic updates provided to complainants to keep them informed of the status of the complaint; and 
• provide a written explanation to the complainant of the reason for dismissal whenever a complaint is dismissed at any point in the complaint process.

Thank you for considering these recommendations. Please do not hesitate to contact us if you have any questions.

Sincerely,
Senator Lisa Keim
Senator Chair


Representative Matthew W. Moonen
House Chair

To review a copy of the actual document please follow this link.

Change Takes Dedication and Perseverance

Change Takes Dedication and Perseverance

Family Court is one of the most in-humane institutions ever invented by humans. There is no quick fix to bringing about change. It takes education of those who can bring about change and there will be those (lawyers, Guardians ad litem and other court vendors) who will be there every step of the way to tell those same people that there is no problem.

For 10 years Peter Szymonik has been standing up to the Family Court system in Connecticut. It takes this kind of dedication to bring about change. On May 22 Peter went before Connecticut's Judiciary Committee to give testimony on the appointment of Barry Armata as a judge.

Please watch the video of testimony give by Peter:

Judiciary Committee Public Hearing on Judicial & Workers’ Compensation Commission Nominations Followed by Committee Meeting - Video

MeGAL has been working since 2012 to bring about change in Family Court system. We encourage you to be involved in the process by contacting your representative and start to educate him/ her with what the problems are.

Guardian ad litem -  Felicity Myers

 

Will Your Complaint Against A Judge Work?

An important question about any quality assurance (QA) program, such as the Judiciary Responsibility and Disability Committee, is:

"Does it work?"

To which we would add:

"And for whom?"

For the public users of court services? For Judges themselves? For the Judicial Branch of government? For Lawyers who use the courts? Here are some reflections on these "QA" issues that suggest quality protection is the M.O. of the Committee; rather than public quality assurance:

1. Can any honest probe of one judge's performance avoid tarnishing (or bringing to question) the performance of other judges? Part of the power of the judiciary comes from its unassailable, sacrosanct role image as honest, incorruptible, dispassionate, objective, fair, impartial, knowledgeable about the law and above the fray of whatever contention appears in their courts. A successful consumer complaint "dings" this vulnerable image and suggests that the product, as a whole may not be as advertised. The inevitable questions follow. Is this a "one-off" situation, or are there other product defects?

2. A successful complaint about a judge would be highly likely to attract the attention of other dissatisfied "consumers of court services", who have had the same judge, and complaints might start to come "out of the woodwork". Once there is a precedent of allowing exposure of and sanction for bad judicial behavior, the precedent can be applied to other similar cases. 

3. Apart from "just one bad judge", public complainants may start to examine similar behaviors in other judges. Transparent documentation of new complaints might embolden members of the bar to get into the act and use their legal skills to zero in even more incisively.

4. An open "hunting season" on judges along with better transparency about complaints and their handling would destroy forever the "sacrosanct" judicial image, an important marketing device which maintains public confidence (and lawyerly confidence) in judges.

So how do legitimate, worrisome complaints get handled by "the powers that be"? Dismissal can be "a many splendored thing." The 100% solution.

1. Dismissed. Because the legal complaint was not not well formulated, failed to specify the exact judicial canons or to cite the exact law that may have been infringed upon. In other words, you may have "something", but "WE" set the rules of the game, and "WE" enforce them.

2. Dismissed. For lawyers complaining, there is the above issue, but there are also various potential accusations of "disrespect" of the judge.

• Too candid in criticism = disrespect. 
• Too forceful = disrespect. 
• Too persevering = disrespect. 
• Too zealous in building a case = disrespect. 

Are you planning on practicing in this state? Will you ever again expect to appear in this judge's courtroom, if he/she is exonerated? Will you be "sanctioned for disrespect/contempt" with referral to the overseers of the bar - with an impact on your license - for disrespect? There are NO rewards for lawyerly zeal in complaining about judicial bad behavior.
3. Dismissed. But working behind the scenes in the "murk" of the Judicial Branch, the offending judge is subsequently "transferred" (for no particular reason), say, from Portland to Ft Kent. All the potatoes you can eat, judge, and you're just a stone's throw from Canada.

4. Dismissed. But the judge "retires", and moves out of state or goes back to being a lawyer.

5. Dismissed. But the behind the scenes maneuvers at the Judicial; Branch lead to someone(?) making an unpublicized decision not to request judicial re-appointment when reappointment time comes up. Now you see him/her; now you don't! 

It all bears a striking similarity to another totalitarian institution, and the now, long passed, Catholic Churches opaque handling of dysfunctional priests: retire, transfer, send away for therapy, move out of the country or to another jurisdiction. Judges appear to be the "new priests"? So far the Boston Globe's Spotlight hasn't assigned its star investigative reporters to this situation.

Do you still want to file a complaint?

In the past 30 years there has not been one successful complaint against a judge - that we are ware of.

Examined - A Parents Right to Free Speech

While this appeal does not center around a Guardian ad litem that has failed. It could have.

In an unusual case the Tennessee Court of Appeals indicated that some of the restrictions placed on the Mother regarding communications were vague or broad.

As an example the Mother was restricted from mentioning the Father at all on social media. This meant that the most benign reference would land the Mother in trouble.

What is even more interesting is that this was a Family Matters case and the Mother was Pro se.

For more details please follow these links:

Herston Law Group - Parent’s Right to Free Speech Examined in Nashville, TN Child Custody Modification: Gider v. Hubbell

Court of Appeals - SINAN GIDER v. LYDIA HUBBELL

Kinship Providers Cri du Coeur

The expressive French phrase, 'un cri du coeur', says it all about the Picchiotti bills on behalf of kinship providers of custodial care for their grandchildren. These bills are truly a cry from the heart of good people, begging the Maine legislature to correct the daunting legal struggles they've had to go trough in Maine's courts to provide loving care for their grandchildren. These children have ended up in "kinship care", because of the gross dysfunction, neglect or abuse of their natural parents.

As one might say, "There ought to be a law!" Or, more reflectively, "Where has the law been?"

Listening to the intelligent, very well-crafted analyses of some of these bills by the Judiciary Committee analyst on Thursday, one had to concur with her astute reviews. The bills were frequently flawed with regard both to structure and content. And ... after very thoughtful discussion by the committee members, "OUGHT NOT TO PASS" was a logical committee decision. The bills were often described as:

• Redundant: covered by existing laws.
• Partially redundant- overlap with existing laws
• Unconstitutional or challenging to the constitution
• Apt to create confusion in the courtroom's analyses
• There were other critiques of these bills that added to the "flawed status"

BUT... the grandparents 'cri du coeur' remains and cannot be silenced by very logical analysis a proposed law. The needs of these Maine children for loving care from a "kinship provider" don't evaporate, because a bill OUGHT NOT TO PASS.  

FURTHER, we'd say, "Redundancy, overlap, courtroom confusion and other critiques of the Picchiotti  bills don't answer our critique: IF THERE ALREADY ARE LAWS IN PLACE TO HELP THE KINSHP PROVIDERS AND THEIR GRANDCHILDREN, THEY MUST NOT BE WORKING. Or certainly not working as they should?

We smell a rat. A large rat!

All is not well. The Committee needs to dig deeper and understand why the bills were very seriously proposed.  Something isn't working for Maine Children and families. We need answers. We need corrective action.


MeGAL is working to bring about change to the "Family Court" system since 2012. We do so through the education of parents who are caught in the process as well as our representatives who are unaware of the issues involved in "Family Courts". For more information please email us at MeGALalert@gmail.com or find us on Facebook.

Felicity Meyers

We Support Rep John Picchiotti's Bills For Kinship Providers

We strongly support all of Rep John Picchiotti's bills. All of them are very  much needed by those children who have been abandoned by parents, or whose parents are  determined to be "unfit". The bills fill a gap in healthy  support systems for children in the care of (non-parental) kinship providers. They also provide much needed public support to the dedicated kinship providers themselves. The bills address issues that have cried out for attention for a very long time.

THE PICCHIOTTI BILLS:

LD 063 An Act To Ensure Complete Investigations by Guardians Ad Litem - Sponsored by Rep Picchiotti. This bill requires that a Guardian ad litem should do a complete investigation and report on standardized, court approved forms that list topic headings the GAL tasks to be investigated and outcome of investigation. Reports must be provided to both parties well in advance of hearings. Tasks assigned by judge must comply with GAL role. We do not support the aspect calling for removal of the SUNSET CLAUSE - in this bill, and Rep Picchiotti tells us that it was put there in error by the Revisor's office. He plans to explain its removal to the Judiciary Committee when the bill is presented on Thursday, March 23rd at 1 pm.

LD 363 An Act To Make a Child Living with a Custodial Relative Caregiver Eligible for State-paid Legal Services - Sponsored by Rep Picchiotti. This bill aims at giving children, living with kinship providers, legal protection and legal representation in custody disputes between parents and de facto parents (foster kinship).  Guardians ad litem do not provide formal legal court representation to children in litigation situations. They gather information for the judge.

LD 429 An Act Concerning Guardians Ad Litem and Determinations Regarding the Best Interest of a Child in Custodial Relative Caregiver Cases - Sponsored by Rep Picchiotti. Act considers when the child's best interest is reviewed.  Giving custody to a relative must be considered.

LD 147 An Act To Amend the Maine Parentage Act - Sponsored by Rep Picchiotti. This bill prohibits a child support order from requiring payment of child support from the 'de facto' parent to another parent of the child if the 'de facto' parent became a 'de facto' parent due to the unwillingness or inability of the other parent to provide care for the child.

LD 282 An Act to Support Caregivers when Children Have Been abandoned by their Parents - Sponsored by Rep Picchiotti. This concerns caretaker relatives who take custody when a child's parents have abandoned them without formal guardianship or power of attorney. 'De facto' parents may petition the court to be appointed guardian. The law would amend factors for the court to consider in the child's best interest: parental participation in child's life, parental capacity, disposition of parent to uphold a normal parent-child relationship

LD 362 An Act to Allow Relative Caregivers Standing in Court - Sponsored by Rep Picchiotti. This bill specifies that a relative caregiver involved in a child protective proceeding has an unconditional right to intervene in the proceeding.

From our perspective these several bills correct the severe legal disadvantages that dedicated kinship providers have faced in their efforts to provide good homes to the children of parents who are "unfit". Often these children are their grandchildren. That they have not been considered by courts as providers of child care "in the child's best interest" is hard to understand; that they do not have standing in court is another illogical injustice to them and the children they care for; that they might be "hit on" for child support is simply unbelievable; and that the children in these cases have no legal representation is a failing of the courts to protect these vulnerable children.

Representative Picchiotti and the Kinship Provider group deserve enormous credit for bringing these issues to public and legislative attention. We sincerely hope that the legislature acts in favor of these bills.