The Parental Alienation Scam

Mommy Hates Daddy, and You Should Too

The extraordinary fight over "parental alienation syndrome" and what it means for divorce cases.

By Dahlia Lithwick
Posted Tuesday, May 17, 2011, at 7:09 PM ET

The competition to get your favorite disease recognized in the bible of mental health, the Diagnostic and Statistical Manual of Mental Disorders, can be as fierce as the talent contest in the Little Miss St. Paul Contest. The American Psychiatric Association is contemplating adding something called "parental alienation syndrome" (PAS) to the new edition of the DSM, scheduled to be published in May 2013, and the question has launched a national lobbying and letter-writing campaign on both sides. That angry letters and editorials might play any part in a debate about mental health and custody disputes probably tells you most of what you need to know about the validity of PAS.

What is parental alienation syndrome? William Bernet, a professor of psychiatry at the Vanderbilt University School of Medicine and an advocate for its inclusion in the DSM-5, describes it as "a mental condition in which a child, usually one whose parents are engaged in a high conflict divorce, allies himself or herself strongly with one parent, and rejects a relationship with the other parent, without legitimate justification."* There is no doubt that an ugly divorce can affect kids' relationship with their parents or cause children to choose sides, often in anger. In fact, that probably happens more often than not. But Bernet and others who argue for adding PAS to the Sears, Roebuck catalogue of mental health want to see it recognized as a legitimate mental health disorder in order to "spur insurance coverage, stimulate more systematic research, lend credence to [the] charge of parental alienation in court, and raise the odds that children would get timely treatment."

They want, in other words, to affix a name, some blame, and also a price tag on a broad range of child responses to a custody fight—some perfectly justified and some not—in the hopes of expanding its use in court.

And what's the downside to including PAS in the DSM? Well, for one thing, with a minimum of three participants needed to diagnose it, PAS starts to look less like a mental health disorder than an epidemic. It assumes that one crazy person (the mother) brainwashes a second crazy person (the child) into telling lies about a third person (the father). Just because a lot of parents have experienced blocked visitation and unreturned phone calls doesn't make every instance of that conduct the result of a medical "syndrome."

Joan S. Meier, a professor of clinical law at George Washington University School of Law, has explained it this way: "PAS is a label that offers a particular explanation for a breach in relationship between a child and parent, but insofar as that breach could be explained in other ways, it is not in itself a medical or psychological diagnosis so much as a particular legal hypothesis."

The most worrisome aspect of the legal fight over parental alienation syndrome may be that it divides supporters and opponents along strict gender lines: As a rule, this is classed as a women's sickness alleged by men. Fathers' rights groups are not solely to blame for the fact that an entire "disease" is predicated on the notion that women are lying liars; the inventor of the syndrome can take responsibility for that. But no hypothesis so rooted in gender bias should be credited by medical science. And because evidence of PAS is so frequently offered to counter maternal allegations of abuse, the experts testifying about PAS can be aiding and abetting a system that takes children from abused mothers and hands them right back to abusive fathers. Once again, this doesn't mean that some parents don't alienate their children in a divorce. It means that PAS is now used to discredit women whenever they claim abuse.

Much of the blame for the biased history of PAS can be laid at the feet of its originator, Dr. Richard Gardner, who developed the theory—from his own practice and without clinical studies—of mothers who foster hatred for their children's father as a ''powerful weapon'' to grab custody for themselves. This wasn't a theory born of objective empirical observation. It was a campaign against mothers rooted in the idea that they regularly lie and then "brainwash" their children into lying about paternal abuse. Because of Gardner's gender-freighted conclusions, it was probably inevitable that men, in the form of fathers' rights groups, would seize upon the battle to legitimize PAS. One of its most famous spokesmen became Alec Baldwin, who wrote practically a whole book on the subject in 2008, arguing paradoxically that corrupt judges and the courts have too much power over custody disputes and that by recognizing PAS, the courts could make the whole child-custody process more fair. (Here is Baldwin describing PAS as something women mainly do to men.)

Supporters of PAS argue largely from personal experience, and their stories are often compelling. But the theory of PAS is not recognized as valid by the American Psychological Association, the American Psychiatric Association, or the American Medical Association. And the National Council of Juvenile and Family Court Judges has published guidelines for custody courts clarifying that "the theory positing the existence of 'PAS' has been discredited by the scientific community. Any testimony that a party to a custody case suffers from the syndrome or 'parental alienation' should therefore be ruled inadmissible and/or stricken from the evaluation report."

Gardner's long-term scientific credibility was not helped by some of his kookier pronouncements about incest ("intrafamilial pedophilia … is widespread and ... is probably an ancient tradition"), or pedophilia ("It is of interest that of all the ancient peoples it may very well be that the Jews were the only ones who were punitive toward pedophiles."). But he still managed to become the David Barton of child-custody law, having written more than 250 books and articles, cassettes, and videotapes (often self-published) and testified as an expert in approximately 400 cases in more than 25 states.

There are a lot of websites, experts, and emotion invested in this debate. But there aren't two empirical sides. There is science, and then there is passionate non-science. As Paul Fink, a professor of psychiatry at Temple University School of Medicine and a past president of the American Psychiatric Association in Arlington, Va., once said of Gardner, "He invented a concept and talked as if it were proven science. It's not."

That's what makes the current debate over inserting PAS into the DSM-5, which has been going on for years, something of a red herring. It almost doesn't matter. Nobody really believes it's a scientific theory anymore, and Gardner has been all but discredited where it counts. That's what worries Meier most of all: "Courts and experts have stopped talking about parental alienation syndrome and started talking about parental alienation," she says. "By dropping the word 'syndrome' they purport to just be describing a behavior; and that's harder to challenge as inadmissible, even though Parental Alienation is used virtually identically to PAS, with virtually identical quasi-scientific claims and prescriptions." Back when it was a matter of science, opponents of PAS could advance arguments about admissibility and scientific legitimacy. Now it's a conclusory legal term that can barely be refuted.

Even without a scientific basis, parental alienation, like climate denialism, has its own language, passions, and saliency. Right or wrong, recognized or not, most family courts now take PAS extremely seriously. Experts testify, court-appointed advocates offer diagnoses, and family-court judges regularly adopt alienation explanations as a way of rejecting abuse allegations. As Meier wrote in a 2009 article: "Despite the palpably extreme and unbalanced quality of both the PAS theory and the thinking of its author, as well as the lack of scientific basis, the theory has for over a decade become virtually ubiquitous in family courts."

The science just doesn't matter now. Even though no appellate court has found evidence of PAS to meet the scientific standards for legal admissibility, courts admit evidence of precisely the same phenomenon all the time, and by calling it "parental alienation," they achieve the same effect: overlooking allegations of abuse by one parent in order to blame the other for "alienating" the child. In other words, whether science supports them or the DSM-5 ultimately validates them, the supporters of Richard Gardner and parental alienation may have already won. While nobody was looking, a mythical legal argument known as parental alienation may have already taken over family courts.

Lethal Trinity of Hoodlums: Fatherhood, Motherhood, White-hooded White Men in the American Midwest

I got my "Happy Father's Day" email this morning from Senator Evan Bayh. He forgot about, or decided to ignore, Mother's Day again. From Let's Get Honest:

Lethal Trinity of Hoodlums: Fatherhood, Motherhood, White-hooded White Men in the American MidWest

Custodial Dads & Stepmoms, Divorcing Dads, and Absent Moms… Not good for kids.

I’ve been thinking about this one for a while. I’m going to pick on Indiana, as it has a prominent Fatherhood promoter in legislator Evan Bayh, and recent trouble with another Dad that won custody, 5 year old girl died, and he and STEPMOM tried to blame it (unsuccessfully) on the REAL (biological) mother, who is now down a child, just months after losing custody of (her).

In this one, the mandated reporters who had a chance to, DIDN’T, and the first who did report, just went along with blaming the real Mom.

New details emerge in death of 5-year-old girl at hands of custodial dad, step mom

(Muncie, Indiana)

The general public still thinks that mothers don’t lose custody unless they’re nuts or sluts. But this article tells you the truth: the protective mother lost custody because she COULD NOT AFFORD AN ATTORNEY. She was outgunned by a lawyered-up Daddy who could buy what he wanted. Which was basically a 5-year-old girl he could rape, torture, and systematically starve. Everybody happy now? In addition to CPS getting dragged through the wringer (again), are we going to see the names of the custody evaluators, judges, and other court officials who rubberstamped this custody arrangement? Don’t hold your breath. Even if a few CPS or medical workers get reprimanded or lose their jobs, the court people will stay golden. One of the few exceptions is Judge Robert Lemkau who got voted out of office after he gave a crazy violent father visitation of an infant, an infant who was murdered less than two weeks later. The public has got to start holding the courts responsible for these gross miscarriages of justice.

http://www.fox59.com/news/wxin-muncie-death-investigation-update-061610,0,871744.story

New details emerge in death of Muncie 5-year-old
During a six-month period last fall and winter, more than a half dozen health care workers treated or observed serious problems with five year-old Lauren McConniel. It wasn’t until about a week before she died on March 9th from severe malnutrition, that her injuries were reported to . . .

Another century, and …..

Here’s MOTHERHOOD WORSHIP with the HOODED WHITE GUYS, same state (and supported by religious women, also….)

Lies Across America: What Our Historic Sites Get Wrong – Google Books Result

James W. Loewen – 2007 – History – 464 pages
The Indiana Klan stressed law enforcement, motherhood, virtue, patriotism, … In that year’s Democratic National Convention, the Ku Klux

(This is accessible to view by Googlebooks and shows that a large resurgence of this clan, pre-civil rights of the 1960s, happened in INDIANA. It’s worth a read. They had got the press, the governor, and were aiming for U.S. President, as I recall, and they emphasized MOTHERHOOD. How ironic, the pendulum has swung the otherway; same state (and possibly same practices), now it’s “Fatherhood.” In Indiana and, thanks to the internet and increasing centralization in the U.S., and a less and less diverse U.S. Congress (it’s EXPENSIVE to get elected), nationwide.

I’m going to digress here, because the link to the “less and less diverse” article pictures Roland Burris, well-known in FATHERHOOD circles:

Senate likely to be less diverse after elections

By Deanna Bellandi, Associated Press Writer Fri Feb 5

CHICAGO – That historically all-white club known as the U.S. Senate is likely to lose what little diversity it has after November’s elections.

Two white men will be competing for President Barack Obama’s former seat in Illinois, now held by Roland Burris, the chamber’s lone African-American. Appointed by the scandal-tainted former governor, Burris won’t be seeking a full term.

In contests in Florida, Texas and North Carolina, black candidates face daunting challenges to joining the august body, from difficulty raising cash to lack of name recognition to formidable rivals.

Blacks comprise 12.2 percent of the nation’s population, but you wouldn’t know it in the 100-member Senate. Come next year, the total number could add up to zero.

“It certainly is not a desirable state of affairs,” said David Bositis, a senior political analyst with the Joint Center for Political and Economic Studies.

Bositis noted that blacks don’t make up the majority population in any state and in states where there are large numbers of blacks, as in the South, there are racial divisions that make getting elected difficult.

Florida is more likely to produce the next Hispanic senator than it is the next black senator…

Notice that this article is only talking about the ‘diversity’ of skin color, not the ‘diversity’ of political thought.

In truth, if the Republicans take away more seats from the Democrat super-majority, the Congress will be certainly be more diverse.

But of course in the minds of the Associated Press, the color of one’s skin is far more important than the content of their character.

{{Guess that was not a pro-Burriss based on his politics site. However, he’s no less “fatherhood” than white guys….}}

Here’s to “Roland Burris fatherhood” google search:

U.S. Senator Roland Burris to Appear on a Special Father’s Day …

US Senator Roland Burris to Appear on a Special Father’s Day Edition of Chicago Attorney Jeffery Leving’s ‘Fathers’ Rights Legal Show’ on June 20th.
www.prnewswire.com/…/us-senator-roland-burris-to-appear-on-a-special-fathers-day-edition-of-chicago-attorney-jeffery-levings-fathers-right… – Cached

Attorney Jeffery Leving to Interview U.S. Senator Roland Burris on …

United States Senator Roland Burris (D-IL) will join Mr. Leving on his “Fathers’ Rights … Obama’s proposed $500 million budget for Responsible

Fathers Rights: Jeffery M Leving-Leading Family Law & Divorce …

U.S. Senator Roland Burris to Appear on(etc., etc.)

NOW, this is back about a CENTURY (almost) and talking about another kind of HOODlum (Pictured below, and self-described on the infamous site, below). Look at how it was sold — temperance, and motherhood.

20thcentury

This exact figure was found in the book, “Inside Ku Klux Klan” by Paul Gillette ….. Women of the Klan in many Indiana counties met with township trustees to … While girls were learning the virtues and tasks of motherhood and moral …. This meant stressing the virtues of Christian fundamentalism and temperance. …
www.kkklan.com/various.htm

“God,” I hate to quote this, or even VISIT this site – but notice — described (in this “KKK” site) as historically just nice, law-abiding, religious folk contributing to charitable, children’s oriented, and church/school folks. And that’s men & women BOTH…..

The following was taken from, “Hoods: The Story of the Ku Klux Klan”, by Robert Ingalls.

In Portland, Or., in the early 1920′s, the Ku Klux Klan pledged $50,000 to a children’s home and held a Christmas party featuring Kris Kringle. The Klan also organized a Klan Kommunity Kit to compete with the Community Chest, church visits became a kind of ritual. Typically, a small group of Klansmen would march down the aisle, hand the minister an offering of money, and silently depart. (page 39)

Protestant ministers quickly found that the Klan’s emphasis on religion helped swell church attendance. (page 41)

Similarly, the emphasis on DOMINATING women and keeping them in their “proper” roles is helping swell church tithes to this day, 2010….

Most Klansmen were law abiding, church going family men. Klansmen also hoped to eliminate vice and corruption through the ballot box. One Klansman declared, “Everybody knows that politicians nowadays cater to all kinds of elements, mostly selfish, some corrupt, and some definitely anti-American. They cater to the vice vote and even to the violently criminal vote. What the Klan intends to do is make them pay some attention to the decent God fearing, law abiding vote.” (pages 42-43)

Mr. Smith goes to Washington.

During the 1920′s, the Klan was subjected not only to verbal abuse but also to physical assault in some areas. Bootleggers, for example, did not take kindly to the Klan’s attempts to enforce prohibition. When New Jersey’s Klan declared war on local bootleggers, the rum runners formed a defense council and publicly threatened to “Shoot to kill” anyone other then a policeman who interfered with their illegal traffic in liquor. (page 68)

The following was taken from, “Hooded Americanism, the History of the Ku Klux Klan”, by David M. Chalmers.

In Minneapolis, the Klan presented bibles to Methodist Churches and stressed “positive Protestantism”. (page 151)

In Indiana the Klan gathered contributions to build a new hospital. (page 165

NOW FATHERHOOD:

=========

We (see blogroll to right) have blogged on this before. See Wikipedia for Son (Evan) and Father (Birch):

Evan Bayh – Wikipedia, the free encyclopedia

Birch Evans “Evan” Bayh III (pronounced /ˈbaɪ/, bye; born December 26, 1955) is an American Democratic politician who has served as the junior U.S. Senator …
en.wikipedia.org/wiki/Evan_Bayh – 17 hours ago – Cached – Similar

Birch Bayh – Wikipedia, the free encyclopedia

Children, Evan Bayh (born 1955), Christopher Bayh (born 1982) … He is the father of former Indiana governor and current U.S. Senator Evan Bayh. …
en.wikipedia.org/wiki/Birch_Bayh – Cached – Similar

And see “MamaLiberty”‘s Sept. 2009 weblog for commentary on this:

http://justice4mothers.wordpress.com/2009/08/30/fatherhood-initiative-bill-senator-evan-bayh-d-in-is-not-his-fathers-son/

This is from the Indiana Mothers For Custodial Justice, covering the recently introduced Fatherhood Initiative Bill:

Evan Bayh is Not His Father’s Son

I heard this comment in a meeting yesterday, and how true it is. ” Evan Bayh is not his father’s son.”

In Birch Bayh’s eyes, women should be given the same chances that men have. Women deserved equality and this was evident in his legislation.

‘Father’ Of Title IX Honored

By Richard Veilleux

Former U.S. Sen. Birch Bayh of Indiana, considered the “father” of Title IX, the landmark federal legislation created more than 30 years ago that greatly expanded educational and athletics opportunities for girls and women, was honored during half-time of the women’s basketball game between UConn and Rutgers on Martin Luther King Day.

. . .

Sen. Bayh also played a leadership role in many other areas and in framing two Constitutional amendments: the 26th Amendment, which lowered the legal voting age to 18, and the Equal Rights Amendment, a proposed Constitutional amendment guaranteeing equal rights to women, which has been ratified by 35 states, including Connecticut.

AND, now, the son….

na in the U.S. Senate from 1963 to 1981.But for Evan Bayh, the apple has fallen far from the tree…he supports fatherhood (not parenthood)…this being sent out in preparation of the reintroduction of a Fatherhood Initiative Bill into the U.S. Senate:

Senator Bayh sent out this wonderful message for fathers on Father’s Day to the Hoosiers he represents. He missed sending out a message for mothers…tells you a lot, doesn’t it. He is up for re-election next year….Hoosiers mothers, are you paying attention?

Watch out for these bill just introduced: S. 1309, introduced by Sen. Evan Bayh, (D-IN) and two co-sponsors.H.R. 2979, introduced by Rep. Danny K. Davis (IL-7) and 27 co-sponsors.President Obama told Senator Bayh last year he would sign the bill when he gets it.

The 2006 attempt at this bill (with U.S. Senator Barack Obama as one of the two co-sponsors) died:

The list below shows legislation in this and previous sessions of Congress that had the same title as this bill. Often bills are incorporated into other omnibus bills, and you may be able to track the status of provisions of this bill by looking for an omnibus bill below. Note that bills may have multiple titles.

109^th Congress: S. 3607: Responsible Fatherhood and Healthy Families Act Dead

This one needs to die too.

Is it fair for our government tax dollars to go help take children from mothers, to help fund a custody battle in court (among other ‘fatherly’ support things), help that is only available to fathers? These funds pay for dads to do this. All dads are not good (see Dastardly Dads).

Abusive custodial fathers are constantly in the news, such as today [SEPT. 2009] : New Mexico Custodial Father Murdered Allegedly By 10 Year Old Son Who Couldn’t Take Anymore Abuse and Jon Pomeroy, Father of Seattle-area Girl, Pleads Guilty to Starving Her. Why should we help abusers take children from their moms? The American Judge’s Association knows this is a problem, why do you want to fund abusers to take custody of the children?

Yes, Evan, your dad took time to be with you. He didn’t seek to take your mother out of your life though, did he? Yes, this apple has fallen very far from the tree.

Battered Mothers to Hold Vigil at the White House on Mother's Day

No thanks to the civil (?) court judges that give child custody to abusers, and cut mothers out of the children's lives....don't you think the children know what is going on already? Don't you know they often witness when a parent beats the crap out of the other parent, over and over again?

By Mary Darcy

WeNews correspondent

Friday, May 7, 2010

Battered mothers often shy away from publicity. But this year, in a sign of their growing organization, some plan to spend Mother's Day in Washington in a White House vigil to draw attention to a court system that often gives custody to abusers.

(WOMENSENEWS)--On Mother's Day, busloads of battered moms and advocates for abused children will roll into Washington, D.C.

They'll hold a vigil outside the White House in an effort to persuade President Obama to take up their cause of reforming a family court system that they say all too often puts children into the hands of abusive parents.

For some it marks a new and somewhat frightening degree of public exposure. Some of the protesters will be shrouded in scarves, hiding from their abusers or a court system they fear will punish them for speaking out.

"They're whistleblowers," said vigil organizer Connie Valentine, policy director for The California Protective Custody Association, based in Sacramento. "The system doesn't look kindly on whistleblowers. It's a difficult situation because we have seen enormous judicial retaliation against mothers who step up in front of the problem."

Efforts to quantify the problem are just beginning but protective parents claim it is widespread. A study done by the Williamsburg, Va.-based American Judges Foundation in the early 1990s showed that in 70 percent of challenged cases, battering parents involved in custody battles persuaded authorities the victimized parent was unfit for sole custody, according to a spokesperson from the foundation.

Valentine and other advocates for protective parents call the family courts broken and corrupt and say the system not only puts children into the hands of abusive parents, it also bankrupts and punishes the protective parents who fight for them. At the same time, they say it's hard to reform the system because the people it hurts are hiding from abusers and anxious to avoid publicity.

Shifting Ground

But Valentine feels the ground shifting. "I think we're in the early stages of a civil rights movement for protecting children from physical and sexual abuse."

She said the Internet is helping battered mothers come together. "E-mail has helped. It's a good part of the reason for all of the advocacy," Valentine said. "Women are beginning to see that it's not their fault and that they are just pawns in the game."

Mo Hannah, psychology professor at Siena College, near Albany, N.Y., used the Internet to organize the first annual conference for battered women seeking custody in 2004, after her own difficult custody battle.

This past January marked the seventh gathering, which meets annually in Albany and is the major organizing and networking event of the year for protective parents.

"The first conference was about getting people to talk and validate their experiences," Hannah said. "But as the conferences continued it became very clear that we needed a national movement. Now the conference is just sort of an umbrella or structure that encourages people to share with each other."

Over the seven years, women have met at the conference and formed smaller groups, such as the Massachusetts Protective Mothers for Custodial Justice.

"Mass Moms," as it has come to be known, brings together women who have gone through custody battles with those currently in the throes. Volunteers accompany women to court and on lawyer visits and play a general shepherding role.

"We stand next to a woman who is fighting for her children while she pleads and receives orders," one Mass Mom told Women's eNews at January's Battered Mothers Custody Conference.

These volunteers have all been through their own custody battles and declined to be named for fear of retribution from their ex-husbands or the court system. Many have gag orders associated with their own cases. It is this type of fear of retribution that has helped keep the protective parents movement under the radar.

Fear Stands in the Way

The California Protective Custody Association's Valentine understands the fear that keeps women from protesting and fighting the bigger battles.

"I waited until my own children were grown so we weren't affected by the family court system," she said.

Valentine says advocates and organizers need to study and replicate the successful civil rights campaigns of the past.

"Slavery was ended with a good law but slavery wasn't ended because a good law happened to come about. The law happened because huge masses of people put their lives on the line and fought for it," Valentine said.

This year "Mass Moms" is preparing to add some more public activism to their advocacy with a demonstration taking place in Boston on a date to be announced soon. In what they're planning to call "Confetti," the moms will symbolically shred court-appointed guardian reports--which they feel are particularly unfair to protective parents--into little bits and toss them at the statehouse to call attention to the plight of protective mothers fighting for custody of their children.

In New York City, a group called V.O.W., or Voices of Women, has been working within the court system to try to provide legal counsel and one-on-one help for women. On a wider scale its mission is to "promote long-term systemic change by documenting institutional failures, testifying at hearings, creating position papers and meeting with local and state officials."

Both Valentine and Hannah say this is the right time to take the movement to the next level.

"The new president is a fatherless man with a good wife and they will hear us," said Valentine. "And if they don't hear us, Vice President Joe Biden worked on the violence against women act and he will hear us. And if they don't hear us we will keep going until they do hear us."

Mary Darcy is a multimedia producer/host and documentary filmmaker. She's a two time Gracie Award winner for her work with Kate Mulgrew on Herstory and The Sounds of Progress, public radio series about great women in science. Darcy is a co-owner in Uptown/Downtown Media, producers of Alloveralbany.com.

For more information:

Battered Mothers Custody Conference
http://www.batteredmotherscustodyconference.org/

Battered Mothers Custody Conference California Protective Parents Association http://www.protectiveparents.com/research.html

Madison County Judge FINALLY Gets Fired after Being Punished THREE TIMES Previously By Indiana Judicial Commission

"Spencer had been disciplined by the commission three times in prior cases that resulted in a 30-day suspension without pay, a public reprimand and a public admonition."

Pretty pathetic. Disciplined THREE TIMES. (How many times was Danielle Gregory punished before she was fired?)...is there special protection for corrupt male judges over corrupt female judges in Indiana? Why are any of them around (including those on the Hall of Shame)...disregard for the law should be a one-way ticket off the bench. After all, most of these corrupt judges take children from mothers and give them to abusers, to the detriment of our children.

From WRTV-6:

Judge Resigns Amid Investigation Into Murder Case

Disciplinary Investigation Dropped


MADISON COUNTY, Ind. -- A Madison County judge will resign amid an investigation into his handling of a murder case.Circuit Court Judge Fredrick Spencer, 71, was the subject of a probe by the Judicial Qualifications Commission regarding the case of State v. Ward, 6News' Derrik Thomas reported.

Spencer had been disciplined by the commission three times in prior cases that resulted in a 30-day suspension without pay, a public reprimand and a public admonition.

His resignation will halt the current investigation."For his actions related to a murder case, Judge Spencer has tendered his resignation to the Judicial Qualifications Commission. In light of his resignation, the commission is no longer investigating the case," said Indiana Supreme Court spokeswoman Kathryn Dolan.

Former Madison County Prosecutor Rodney Cummings tried more than 30 cases in front of Spencer. While he had many public disagreements with the judge, he said he wished him well."Careers come to an end. I hope for Judge Spencer's sake, it is a happy day for him," he said. "I hope, even though there have been issues that have drawn media attention, I hope it doesn't get overshadowed by some of the other things that he did."

Friday will be the final day of Spencer's 26-year career as a judge.The Indiana Supreme Court will appoint a temporary judge to fill his position. His successor will be appointed by Gov. Mitch Daniels.

Another Crooked Marion County Judge Caught: Adios Muchacha!

From WTHR:

Judge loses job over texting during hearings

Updated: Sep 21, 2009 5:08 PM EDT

Sandra Chapman/13 Investigates

Indianapolis - Teens are warned every day not to text anything inappropriate, and definitely not while behind the wheel or in the classroom.

But it's a message that escaped a Marion County Juvenile Magistrate. She was fired for texting violations while hearing cases.

Most assume unrestrained texting is a juvenile problem. At the Marion County Juvenile Court, where camera phones are banned, it isn't just troubled teens with busy fingers but a magistrate caught breaking the rules.

According to a court disciplinary record obtained by 13 Investigates, Magistrate Danielle Gregory engaged in inappropriate conduct, texting a married male employee in the middle of more than one juvenile hearing.

Outside the court, visitors couldn't believe it.

"Really?" questioned one mom while another man chimed in, "That's crazy."

Ashley Wingler, who was told she couldn't bring in a cell phone because it would interrupt proceedings, found it just as troubling. "The judge should be more interested in the hearing instead of texting on the phone," she said.

In fact, Gregory's supervisor writes in the disciplinary record that "Multiple text messages were sent from [Gregory's] cell phone number to [the male employee's] cell phone during court hours including times [she] was on the bench conducting court sessions."

"Text messages were sent from your phone...on August 7th during a court session...and the messages included sending three pictures of yourself," the report read.

"That's inappropriate. You on your phone and texting, sending pictures while you're having court, that's inappropriate," said Robert Lasley as he awaited a hearing Monday afternoon.

Within less than an hour outside the facility at 2451 North Keystone Avenue, nearly a dozen parents were turned away from the juvenile court because of camera phones. But it might surprise some to learn that the Marion Superior Court does not have a policy against texting from the bench.

Instead, Gregory was terminated for violating court policies, including: "committing any act while off duty that would discredit the Court," and for "immoral, unprofessional, or disruptive behavior while on duty."

According to the disciplinary report, the male employee on the receiving end was assigned to mentor families in the court.

Indiana Supreme Court Spokeswoman Kathryn Dolan told 13 Investigates, "Behavior for judicial officers, including judges and magistrates, is guided by the Indiana Code of Judicial Conduct. And while the code does not specifically deal with new media, it does provide specific and detailed information on how judicial officers are required to behave."

"She should have been fired, you know. Definitely shouldn't have been doing that. Especially being a judge...she should have definitely known better," said Jim, the father of an incarcerated teen being held at the center, agreeing with the decision to fire Gregory.

"I think that's terrible," added Tavia Norman, in disbelief. "Of course I would want them paying attention to what's going on. Shouldn't no judge or nobody should be texting on the cell phones," she said.

Do Children Need This Type Of Father?

Read about Holly Collins and her daughter Jennifer, who made this video, here.

Illinois Judge Didn't Listen to Mother's Concern for Her Sons...BAM! They are Dead Now

About the murder-suicide that happened recently in Illinois, a father killing his two young sons and himself during visitation...from NBC Week:

Family and friends of two slain LeRoy boys say a McLean County judge is just as guilty as the boys' father in their deaths. More than a thousand people have signed a petition calling for Judge James Souk to resign.

Online Petition for Judge Souk To Resign

Amy Leitchenberg believes her boys would be with her now if it weren't for Judge James Souk granting her ex-husband unsupervised visitations. She pleaded with the courts to keep her boys away from their father, Michael Connolly, because she says he was abusive to her, depressed and suicidal.

Now, there are calls for the courts to change and consider those risk factors in cases like this. "If those risk factors are high for a parent to parent, then is there a way to put that protective factor in place," Kim Wells, Executive Director for the Corporate Alliance to End Partner Violence, says.

"There is a lot of protection and I doubt very much that the judge failed in this case," Longtime Peoria Divorce Attorney David Lynch says. Lynch says even though Michael Connolly violated orders of protection, he believes the judge followed the law because he showed no specific harm to the kids. "A court cannot stop a visitation unless it finds the visitation would be dangerous to the child's mental, moral or physical health," Lynch says.

Still, family and friends of the boys are frustrated saying Jack and Duncan's deaths could have been prevented. That's why they're also planning to file a complaint with a Judicial Board in Springfield about Judge Souk's decision. "I do believe this family was failed. That these children were failed and we need to take a long, hard look at what we can do," Wells says.

"A judge is going to say look at what happened to those two kids. Should I be overly restrictive to a very good parent because they might be that one in 10-thousand or one in 100,000. It’s a very nerve-wracking business," Lynch says.

Judge Souk's decision in November does include a psychiatrist report that states Michael Connolly was not a threat to himself or others. Authorities say they believe the father Michael Connolly hanged himself. Meanwhile, the cause of death for his two boys found in the back of his car is not being released because their mother does not want to know.

Funeral arrangements for Jack and Duncan Connolly will be at the LeRoy Christian Church. A visitation will be Thursday from four to seven p.m. The Funeral will be Friday morning at 10 a.m.

Margaret Torre Wouldn't Have Stood a Chance in Indiana's Family Courts

She would have had her son, Joe Torre, taken away and given to her abuser because he was afraid of his dad. Afraid of him because of the abuse his mother suffered. Not because of so-called "parental alienation."



Visit Joe Torre's "Safe at Home" Foundation website.

When Judicial Misconduct Happens in Indiana, Public Action is Taken Against the Bad Judge Only 1% of the Time

Indiana Law - Feature on discipline of Indiana judges

The Fort Wayne Journal Gazette published this feature story today on judicial discipline in Indiana. Some quotes:

Of the more than 1,000 allegations of judicial misconduct investigated by a state panel in the past four fiscal years, public discipline was taken against judges only slightly more than 1 percent of the time. But dozens of private cautions - or confidential letters of warning - were issued by the Indiana Commission on Judicial Qualifications, which also dismissed 85 percent of the complaints.

Although lawmakers are subject to public ethics challenges and discipline against police officers is open, state law and a Supreme Court rule keep the vast majority of complaints against judges under wraps. * * *

[N]early all cases are disposed of before the public gets a chance to look at them - either by a flat dismissal or a private scolding. Of 1,013 allegations or complaints filed the past four fiscal years, 801 were immediately dismissed.

[Meg Babcock, attorney for the qualifications commission,] said this number is so high because many of the allegations are actually issues for legal appeal, such as when a defendant is unhappy with a ruling or sentence. The commission focuses only on judicial conduct.

Some cases continue to an inquiry stage - 185 in recent years. During that stage, the judge might be contacted and some basic information gathered. The seven-member commission then decides whether to dismiss the case or move to a formal investigation.

Of those 185 cases, 62 were dismissed and 82 ended in private cautions. Those are essentially letters that warn judges their behavior might be on or over the line of ethical conduct.

"They are usually a minor discretion by a judge," said Ann Borne, a Fort Wayne teacher who served two terms on the commission under former governors Evan Bayh and Frank O'Bannon.
"Whether it stays private partly has a lot to do with the attitude of the judge," she said. "Sometimes the judge is very defensive and that means we have to go further and look for patterns or problems. If there are no priors and they feel remorseful, we may go ahead and do the private caution."

Indiana isn't much different from the rest of the country, where most judicial commissions' proceedings only become public at the point of a charge or when the judge is disciplined.Here is the website of the Indiana Commission on Judicial Qualifications. The right column of the page provides links to a number of useful items, including Activities, which leads to detailed annual reports for each year. The most recent report covers July 1, 2002 through June 30, 2003 and provides a complete review of the complaints received and actions taken during that period.

Also of interest are the links to: Advisory Opinions, which cover questions involving law practices of part-time judges, fundraising activites, nepotism, etc.; and to Disciplinary Function, an overview of the Commission's disciplinary process.

Posted by Marcia Oddi on May 30, 2004 12:39 PM
Posted to Indiana Law

Indianapolis Mom's Attorney: I Have Never Seen the Level of Incompetence Displayed in the Family Law Cases of Marion County

Part 2 of Tracie Nelson's NIGHTMARE from the MARION SUPERIOR COURTS, from The Indianapolis Recorder:

A mother's journey for justice
By BRANDON A. PERRY, Part 2 of 3
Published: Thursday, February 12, 2009 11:56 AM CST

Indianapolis mother Tracie Nelson has faced several obstacles in her effort to regain custody of her daughter since August of 2007. That year a custody struggle began between Nelson and her ex-boyfriend over guardianship of their daughter Kay (this is not her real name; the Recorder does not publish the names of minors involved in court cases). The custody case was assigned to the paternity court of Judge Alicia Gooden. Nelson said she lost custody of Kay in Gooden’s court due to conflict of interest. Kim Bacon, the father’s attorney is a pro tempore judge in Gooden’s court, and Nelson alleges Bacon is the girlfriend of the father’s best friend.

“We never stood a chance in getting the help we need,” Nelson said. She filed a complaint against Bacon with the Indianapolis Bar Association, and against Gooden and two other judges with the Indiana Commission on Judicial Qualifications, which investigates complaints against state and local judges.

Adrienne Meiring, a staff attorney and spokeswoman for the commission, confirmed that a case like Nelson’s complaint is under review, but it cannot be discussed publicly. “Admission and Discipline Rule 25 prevents us from discussing a case before formal charges are made against someone, unless there is a threat against an individual or the public,” said Meiring. “Until a complaint is verified or dismissed the details and course of investigation are confidential.” At Recorder press time Gooden had not responded to an attempt to reach her for comment. Bacon has stated that neither she nor Kay’s father will comment on the case.

Nelson’s attorney, Dana Childress-Jones, successfully filed a request for change of venue (or change of judge) and the custody dispute was transferred to the civil court of Judge Gary Miller in the fall of 2007. Nelson said Miller appeared to be fair, granting her request to appoint a Guardian Ad Litem (impartial child advocate) for Kay. After a March, 2008 meeting with Gooden, however, Miller changed course and made rulings throughout 2008 that upheld the custody rights of Kay’s father, dismissed a child in need of services (CHINS) investigation on the father, held Nelson in contempt of court and suspended her visits with Kay (although in August he did authorize paid supervised visits).

Miller’s rulings against Nelson occurred despite police and Child Protective Services’ (CPS) investigations against the father for abuse, as well as a document filed with the court that included the statements of a forensic investigator, and Jim Dalton, a local psychologist hired by CPS, who supported the validity of Kay’s detailed claim of being touched by her father.“It’s like no one is looking out for the best interest of my baby,” said Nelson. Miller’s term as a county judge expired at the end of December, and he was unavailable for comment.

Since Nelson went public with her case, several parents have expressed similar frustrations with select judges and attorneys. One of them, Tamara Davis (not real name), has spent nearly $30,000 in legal fees to keep custody of her daughter from an ex-husband who has not yet received court ordered treatment for alcoholism. “The Marion County Court system is a disaster and I also think it is biased against Black mothers,” Davis said. “I’m in the process of preparing for a custody fight with a man that the same court will only allow to have supervised visits with my daughter once a month. It doesn’t make sense.” Davis said the court has allowed her ex-husband’s attorney to lie for clients and use contempt proceedings to extort money from mothers in custody cases. “The court has the mentality that if a Black father is interested in his child, even if he has shown no interest previously, that it is such a unique situation that the mother must be wrongfully interfering,” said Davis. “I am a licensed attorney, and I have never seen the level of incompetence displayed in the family law cases of this county. These things don’t happen in other counties.”

Meiring said complaints about judges filed with the commission are definitely not uncommon.“We generally receive in the neighborhood of at least 300 complaints each year,” Meiring said.If a complaint is upheld, the offense will be reviewd by a court that will decide what kind of action should be taken, from a simple censure to the suspension of a law license.“We get different complaints, but they are usually from people who are simply unhappy with the judge’s ruling,” said Meiring. “Most of these complaints are dismissed because there is lack of substantiation that the judge acted in a prejudicial manner.”

In part 3: Nelson, Kay and the child welfare system.

Marion County, the Land of Drunk Driving Judges

We wonder about the jurists holding judgement over us and making decisions that affect lives incredibly, and whether they truly are making judgements in line with state code, without bias. And they don't even follow the laws of our state for themselves! They feel they are above the law, that they can continue their reign of terror in familiy courts and not even follow the law! Hey, Indiana Commission on Judicial Qualifications, you need to get rid of these Bozos that don't follow state code or break the law!

From IndianaLawBlog:

Ind. Courts - Commission on Judicial Qualifications files charges against Judge Thomas Felts of Allen Circuit Court

From a release this afternoon by the Indiana Court:

The Indiana Commission on Judicial Qualifications filed charges against Judge Thomas Felts of Allen Circuit Court. Judge Felts is accused of violating the Code of Judicial Conduct during a July 2008 incident.

An investigation by the Commission shows that on July 18, 2008 Judge Felts was arrested in Marion County for Operating a Motor Vehicle with an alcohol content of at least .15, which is a misdemeanor. He was also arrested for public intoxication, also a misdemeanor. In August, Judge Felts plead guilty to the OWI charge and the state dropped the public intoxication charge. A judge sentenced Felts to one year in jail and suspended the sentence for the time served. Judge Felts was also ordered to serve one year probation, have his driver's license suspended for 90 days, and attend alcohol treatment.

The Commission has filed a “Notice of the Institution of Formal Proceedings and Statement of Charges” detailing the above events. The Commission has charged Judge Felts with two counts of judicial misconduct. Count One accuses Judge Felts of violating Canon 1A of the Judicial Code of Conduct which requires judges to uphold the integrity of the judiciary. Count Two accuses Judge Felts of violating Canon 2A, which requires judges to avoid impropriety at all times.
Judge Felts has the right to provide the Commission a written answer within 20 days. At that time, the Indiana Supreme Court will appoint three Masters to hold a hearing on the charges of misconduct. Supreme Court rules also allow for the Commission and the judge to reach a settlement agreement. Any settlement agreement or any decision reached by the Masters must be approved by the Indiana Supreme Court. The Indiana Supreme Court has final authority over all judicial discipline cases.

The Indiana Commission on Judicial Qualifications Needs to Grow a Pair and Get Rid of the Corrupt Family Court Judges

From The Indianapolis Recorder, it was reported that ANOTHER corrupt Marion County court has taken a child from a good mother and given the child to an abusive ex-boyfriend. When will the Indiana Commission on Judicial Qualifications grow a pair and get rid of these corrupt bastards that are giving children to abusers and sex preditors.

A mother’s journey for justice

Part 1

By BRANDON A. PERRY

Published: Thursday, February 5, 2009 4:09 PM CST

Following a recent hearing inside a Marion County paternity court, Tracie Nelson learned that things would not change anytime soon: Her daughter still won’t be coming home. While leaving the court chamber with her attorney, Nelson appears frustrated and sad. “I’m so tired, I don’t know what else to do,” Nelson says with tears in her eyes as she is embraced by her mother, Minnie Blaylock.

Nelson has learned that an ex-boyfriend will retain custody of her seven-year-old daughter, Kay. An ugly custody battle involving allegations of molestation and mental illness continues.
However, as the two discuss the case with attorney Dana Childress-Jones, Nelson recovers her strength, recognizing that she can’t give up even if the odds seemed stacked against her. “If I do not fight for Kay, who will?” said Nelson.

The challenge

When most Americans find themselves involved in the court system, they expect justice to be administered based on the law and compassion. Nelson, however, says she and Kay have not received anything resembling justice. According to Nelson, biased judges and attorneys have refused to remove Kay from the father’s home, despite serious allegations of abuse in that household. Nelson, who raised Kay for the first six years of her life, believes custody should be returned to her or to Blaylock, Kay’s maternal grandmother. “Right now all we’re asking is for someone to stand up and do what’s in the best interest of Kay,” said Blaylock. “She’s a wonderful child, and deserves to be in an environment where she is safe and cared for with love.”

Nelson wants to share Kay’s case with the community because, she stated, she’s not only fighting for her daughter, but hopes to provide a testimony to help parents who find themselves in similar situations.

The beginning

In May, 2001, Kay was born to Tracie Nelson and ex-boyfriend Billy Dupree (Dupree refused to speak with the Recorder regarding the case). From Kay’s birth Nelson had sole legal custody of her. Although the relationship between Nelson and Dupree ended, Nelson said she understood the importance of a father’s presence in a child’s life and encouraged Dupree to visit Kay.

In September 2004, Kay began exhibiting unexplained sexual behavior, which a nurse at Community North Hospital later stated was very unusual for a girl her age. This puzzled Nelson because she knew her daughter had no reason to be with any man other than her father, who occasionally had Kay at his home for overnight visitations. In written documents submitted in court, Nelson said Dupree “was very guarded when I spoke with him about these concerns, and told me if I kept looking I would find what I was ‘looking for.’”

Family members wanted Nelson to contact child authorities immediately to investigate Dupree, but Nelson said she urged caution, wanting to give Dupree a chance to defend himself and help in discovering if anyone did molest Kay. Nelson took Kay to a therapist, and expressed her concerns to paternity court Judge Alicia Gooden, who suspended Dupree’s overnight visitations. Then, for the first time, Dupree expressed an interest in having custody of Kay.

According to Nelson, Kay later told a forensic investigator, child psychologist and police detective that Dupree had touched her inappropriately, and that Dupree’s stepson had been “playing house” on her.

An employee for the Marion County Prosecutor’s office, who has to remain anonymous, believes Kay’s story is legitimate, but could not take action due to the custody dispute.

In August 2007, following a hearing, Gooden granted custody of Kay to Dupree.

The railroad

Nelson believes Gooden’s decision was based on a conflict of interest. She said Kim Bacon, Dupree’s attorney, was given preferential treatment during the hearing because she is a pro temp judge in Gooden’s paternity court. She also claims that Bacon’s boyfriend is Dupree’s best friend. Nelson says she has been a target ever since she filed a complaint against Bacon with the Indiana Bar Association. “The judge’s decision was based, not on the best interest of Kay, but on Gooden’s bias against me and her relationship with Bacon,” said Nelson.

Bacon and Dupree have declined to talk publicly. When contacted by the Recorder to get Dupree’s version of events, Bacon firmly ruled out a discussion about the case. “What we’re seeing right now is a situation where the private business of a seven-year-old girl is being dragged out into the public, and that’s not right,” Bacon said. “Neither my client nor I will be a part of that. We decline to comment.”

According to court records, Dupree has strongly denied any allegations of abuse, and he and Bacon assert that Nelson is mentally and financially unstable. They also believe that Nelson has coached Kay into saying certain things to bolster her case. Nelson’s attorney, Childress-Jones, requested a change of judge, and Kay’s case was passed to Judge Gary Miller. Nelson alleges that Miller appeared to be fair at first, but after speaking with Gooden and Bacon (Gee whiz Commission members, sounds like ex parte communications to me, against the law), has refused to grant even temporary custody to Nelson, despite the investigation into alleged abuse.

To date, Nelson has only occasional supervised visits with Kay that she must pay for, and Kay is not allowed to keep gifts or other items. Nelson says she has had several attorneys helping her, simply because they get hopeless after a short time working on her case. Shortly after Nelson lost custody of Kay, one former attorney, Dylan Vigh, stated on WTLC-AM (1310) “Afternoons with Amos” show that her case was “by far” one of the “greatest injustices” he has ever seen, and that Nelson has been “railroaded” in the courtroom.

Still, Nelson says she is not surrendering the fight to get Kay back home. She is seeking to move her case to the court of a third judge with no connections to Gooden. She is also seeking removal of the Guardian Ad Litem (GAL), a representative appointed to serve as a nonbiased guardian of a child in a custody dispute. Nelson says the GAL has not acted in Kay’s best interest.

“I have a divine right, as Kay’s mother, to protect her,” Nelson said. “All I’m trying to do is get her life back to normal and keep her safe.”

Coming in Part 2: A closer look into the case. Note: Kay is not the child’s real name. The Recorder does not publish names of minors involved in pending legal cases.