Welcome New Judges to The Indiana Family Court Judge's Hall of Shame

Welcome new Inductees Commissioner Israel Nunez Cruz, Marion Superior Court, caught drunk driving in Hendricks County, and Honorable Thomas J. Felts, Allen Circuit Court, caught drunk driving in Marion County. Thank goodness you guys didn't kill anyone the nights you were caught driving drunk. Didn't it occur to you both that you should have respect for the law, and try to follow it.

Thanks Indiana Supreme Court: Another Marion Superior Court Judge Gets a Non-Punishment

Soooooooooo sorry he didn't get a punishment appropriate for the screwup of someone's life he has caused. But that is just THE INDIANA SUPREME COURT for you. OMG...do they really think that Judge Grant Hawkins getting 60 days off without pay is enough punishment for keeping a man in prison an extra TWO YEARS, ignoring the family's letters and pleas to release him after he had been exhonerated. God help us all...

Read the Punishment here.

The Indiana Supreme Court Deserves to be in the Hall of Shame for this one.

Current Justices
Chief Justice Randall T. Shepard dissented
Justice Brent E. Dickson concurred
Justice Frank Sullivan, Jr. dissented
Justice Theodore R. Boehm dissented (but counted as a concurred???)
Justice Robert D. Rucker concurred

Scientific Report: Battered Women ARE Losing Custody of Their Children

Child Custody and Visitation Decisions in Domestic Violence Cases:
Legal Trends, Risk Factors, and Safety Concerns (Revised 2007)

by Daniel G. Saunders, Ph.D.

It may be hard to believe that an abusive partner can ever make good on his threat to gain custody of the children from his victim. After all, he has a history of violent behavior and she almost never does. Unfortunately, a surprising number of battered women lose custody of their children (e.g., Saccuzzo & Johnson, 2004). This document describes how this can happen through uninformed and biased courts, court staff, evaluators, and attorneys and how the very act of protecting ones’ children can lead to their loss. It also describes the major legal and social trends surrounding custody and visitation decisions and the social science evidence supporting the need to consider domestic violence in these decisions. It ends with some recommendations for custody and visitation in domestic violence cases.

Please find the document for download here.

Hey Indiana Judges and Lawyers, Look Here at This

A lot of you have a problem with ethics and ethical decisions. Well, on the Indiana Bar Association, I found this that may help you all:

Ethics counseling for lawyers & judges available by phone

The telephone advisory panel of the ISBA Legal Ethics Committee has fielded hundreds of calls from attorneys since establishment of the panel more than 10 years ago. This little-known service was made available to lawyers and judges by the Association to provide a "hotline" for obtaining ethical counseling for members who have, or believe they have, an ethical dilemma, and who typically do not have the time to await a formal opinion by the full committee. Or, more often, the caller has preliminarily decided upon a course of conduct that is thought to conform to the Rules of Professional Conduct, but needs to discuss that course with a committee member for reassurance.

The dedicated members of the advisory panel welcome such calls, provided the caller first has carefully reviewed the seemingly implicated rule or rules and any cases that appear in the annotations to such rule, and has been unable to arrive at a comfortable solution to the dilemma.To obtain counseling on a matter of legal ethics, click here for a roster of the telephone advisory panel. (The panel will not respond to inquiries by nonmembers of the Association.)

In responding to a call, the advisory panel member likely will not provide an opinion, authority for which is reserved to the committee as a whole. Rather, the advisor will discuss with the inquirer the effect of particular rules upon the proposed conduct, and perhaps make a recommendation as to how to avoid a particular ethical pitfall.

SO, PLEASE USE THIS SERVICE BEFORE DESTROYING ANYMORE FAMILIES IN INDIANA

An Indianapolis Mother Continues Her Search For Justice, Part 3

From The Indianapolis Recorder:

Indianapolis mother Tracie Nelson’s fight to regain custody of her daughter has been difficult, and the concerns she has raised could place select individuals in the Marion County court system on the defensive. Nelson, however, maintains that every motion filed in court and every complaint presented to various agencies has only been used for the best interest of her daughter, Kay (Not her real name. The Recorder does not publish names of minors in court cases.)

Nelson insists her goal is to have Kay removed from the home of her father, who was questioned for (but has never been charged with) sexual abuse. At the least, she would like more visitation with her seven-year-old child. “I’m not out to try to hurt or anger anyone,” Nelson says, holding back tears. “All I’m asking for is justice and safety for my beautiful daughter. I raised Kay from her birth until she was taken, and she and I have a special bond that can’t be erased.”

As written in previous segments of this series, Nelson said her main obstacle to getting a fair assessment of her situation was conflict of interest in local paternity and civil courts, allegedly due to close ties between particular judges and the attorney of her ex-boyfriend.However, Nelson is also disappointed with the assistance she has received from individuals charged with ensuring the protection of children.

Specifically, she is unhappy with Kay’s Guardian Ad Litem. The guardian ad litem is a person asked by the court or attorney to represent a child and independently assess their needs during a legal dispute between parents. At the request of Nelson’s attorney, a guardian ad item was appointed for Kay. According to public records, Nelson recently filed a petition for the dismissal of that guardian ad litem, Denise Hayden.

Nelson says she has information that Hayden had served as a pro tempore judge in a court case involving her custody dispute, and therefore cannot be impartial. She also claims Hayden has refused to return her phone calls, has not actually spoken with Kay since July and refused to recommend counseling for the girl following allegations of abuse. “If there were nothing to hide, what would it have hurt?” said Nelson.

Nelson said she asked Hayden’s attorney, Claire Deichman to appoint another guardian ad litem but was told another was not available. Neither Hayden nor Deichman could be interviewed. Inquires were directed to Kid’s Voice, a not-for-profit organization that provides representation for children, as well as parent-child visitation, programs for volunteers serving at-risk youth, and legal resources for attorneys.

Nelson said Kid’s Voice is a good organization, so she can’t understand why Kay couldn’t get another guardian ad litem. Eddie Rivers, CEO of Kid’s Voice, said he could not talk about any case publicly, but said he hoped a misunderstanding about a single person will not tarnish the reputation of well-meaning volunteers with the organization who work hard to protect children.
“We are asked to provide information for judges in a manner that shows no prejudice against either parent. Our main goal is to take care of the child and look at what we can do to help them,” Rivers said. Kid’s Voice has a staff of five attorneys who are responsible for different programs, as well as a team of volunteers.

“People choose to serve as a guardian ad litem on a volunteer basis, and we train our volunteers extremely well before we let them work with children,” said Rivers. “We conduct background checks to prevent any possibility of conflict on interest. We take that seriously.”

Nelson also says the Marion County Department of Child Services (DCS), which is part of the Indiana Department of Child Services, has not stood up for the protection of Kay. DCS had been contacted twice to file reports of sexual abuse, after the girl gave details of how she was allegedly touched to a forensic interviewer and detective. In January 2008 a CHINS (child in need of services) case was filed to investigate, and Kay was moved from the father’s custody to her grandmother’s home temporarily pending the investigation. Two month’s later however, the CHINS investigation was suddenly dismissed, and custody of Kay shifted back to the father.
Nelson said at first DCS joined her in expressing surprise when the CHINS case was suddenly dismissed without a fact-finding hearing, which is required by law. She was hoping that after its review, DCS would support her in demanding a strong investigation of the abuse allegations and call for the removal of Kay from the father’s home.

But Nelson is upset that following a review last month, DCS determined that abuse allegations against the father are “unsubstantiated,” and the fact that the courts dismissed the CHINS case, even though the case was dismissed by a judge accused of conflict of interest.

At the same time, the review said concerns about Nelson fostering an endangering environment for Kay are “substantiated,” adding that being at the center of a custody battle and hearing damaging accusations could impact Kay’s mental stability. “They are letting the person who is hurting my child get away, but they’re trying to penalize me for fighting,” said Nelson.

Ann Houseforth, director of communications for DCS, said she can’t speak specifically about anyone’s case, but explained that since 2006 the agency has reviewed cases using a procedure under CAPTA (the Child Abuse Prevention and Treatment Act). When a report of abuse or neglect is made, the agency goes to a child’s home to determine their safety. Different individuals and experts familiar with the case are interviewed about the allegations.

A report is then issued that will either substantiate or unsubstantiate the allegations. Individuals unhappy with the report can ask for information to be removed through a review process or administrative trial. However, even if a parent has negative information substantiated (upheld) against them, it does not mean an automatic change in custody.

“If you have a substantiation on your record, it wont mean that your children will be permanently taken away from you or that you can’t get them back,” said Houseforth. “They may be removed temporarily until conditions improve, but the parent will not lose them forever.”

Houseforth said DCS also works with community service organizations to help parents provide a more healthy and safe environment for children. In addition to requesting a new guardian ad litem, Nelson is trying to get her case assigned to a new court.

Nelson’s family is hopeful that such action will be another step taken to get Kay home. Minnie Blaylock, Nelson’s mother and Kay’s maternal grandmother, describes her granddaughter as smart, funny and genuinely interested in connecting with other people.

Blaylock says it doesn’t make sense that she and Kay are in the same city, yet haven’t seen each other in months. (Nelson can have paid supervised visits with Kay, but Blaylock and anyone else from Nelson’s family are not authorized to participate.) “We are being penalized because we are trying to protect her,” said Blaylock. “What kind of justice is that?”

Black Fathers and the Family Court

From RandiJames.com:

Tuesday

Black Fathers and the Family Court

“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 found this quote in an article about the Marion County, Indiana family court system, posted on Indiana Mothers for Custodial Justice.

I take special notice of this statement and how the White Patriarchal establishment uses the Black family as an example of what is dysfunctional in society, in order to maintain White male hegemony. And this affects the thinking of everyone operating under this context.

For example, a recent weekend airing (during this lovely month of Black History) on MSNBC was a documentary entitled, A Father's Promise (thank you Professor Tracey for informing us). Jana Lerner, associate producer for this documentary, had a forum on Newsvine in which she wanted to hear people's opinions on the show. I damn sure gave her mine though somehow how I doubt they really wanted to hear what we thought.

I said:

"Fatherlessness" is not an "epidemic." Nor does it deserve a cure so simple as injecting the Black man back into the family life. Patriarchal views teach us that there is only one functional family structure, so kids growing up thinking that their families are pathological:"You ain't got no daddy?"

"You ain't gon' be @!$%#, just like yo' daddy!"

You keep telling a child that and it insults the child's self-esteem. The child begins to believe that something is wrong...creating a problem where one may not have existed.

What's wrong with changing the thinking to help children appreciate what they do have and give existing families what they need to rise above the adversity? Why can't we stop putting children down because of the apparent deficiencies of their parents? Having NO father isn't the worst thing in the world...In fact, it is much better than having a drug-dealing father, a physically abusive father, an emotionally abusive or emotionally absent father, an inconsistent father, a self-absorbed father, a father that is draining the families resources rather than contributing to them...ANY father won't do.

You cannot force anyone to be a father. But you can understand the the issue is really poverty, and that can be alleviated by having a better educational system, and alleviating barriers to employment.

Children need stability, emotional support, and economic resources. Fathers may or may not be able to provide these things. Those who can will, and those who haven't and those who won't, don't.

Women need to be more discerning in the relationships with children...and perhaps children should not be brought into this world unless families--whatever structure--can fully provide for them.Responsible fatherhood initiatives is a corrupt industry whose focus is to eliminate child support obligations by the unrelenting support of 50-50 custody.This focus on fatherhood and targeting the Black community serves us no justice and it is a completely disgusting.

And in response to someone saying this:

It is time that the Black American categorically rebuke feminism and Welfare.

I had to say this:

I seriously disagree with this and yet it doesn't surprise me that someone would state this. Feminism, by way of Womanism, is what has allowed the Black family to continue to press forward in spite of the hardest times. How dare someone declare that Blacks should rebuke it-- giving connotations that it were evil. It is at the point in which Black men embrace Womanism that they will rise above those things that White society casts as a burden.

And in response to this:

America scared to report or have a show about what black women do. To keep father away.

I felt forced to say this:

What in the heck? Have you any knowledge of Black history? What an insult.

And in response to this:

One thing that stuck out for me, was the piece about not knowing what a father "looks" like. I ran a parenting group and asked these young men what a good father "looked" like. They came up with the standard descriptions, but not one of them could tell me what it took to reach that goal.

I felt the need to say this:

Sad, indeed. But do they know what contraception looks like? How to use it? The results of sex? I'm not insulting you, please forgive me if you think that's my intention. It is just hard for me to grasp that as anything other than an excuse. Do they know what a father does NOT look like? The conversation should begin there (well, after the sex stuff).

And when this was said:

A father is the person that protects his household...he's the person that checks over every guy that dates his daughter and the person of the house that collars his misbehaving son and gets in his face about anything thats going wrong...these homes have lost their protector!!!!!

I definitely was compelled to say this:

This is a very stereotypical assertion. It does no one any justice. Gender-role nonsense.

You can go back and read the entire board at the link I provided above so that you can see everything in context. I can give you a summary of the types of commentors: single mothers, divorced dads, second wives/girlfriend supporters/family supporters, and adults that were products of fatherless homes. So, as you can gather there was some of the same ol same "arguments" about why [Black] men weren't/aren't a part of their childrens' lives. Everyone has someone else to blame, especially the men.

1. Plenty of White folk jumped in the conversation, wanting their spot to complain about how fathers worldwide are getting fucked in the family court system by their vindictive exes.

2. Plenty of Black men wanted to talk about how the system is keeping them down so that they can't succeed in life overall.

3. And plenty of Black men and women spoke about how babymamas erect an impenetrable boundary that keeps Black men away from their children.

Understand that the most important thing in this conversation was #1.

And where do successful Black women speak for the same?

Now, going back to the quote about Marion County, I have observed that statement to be 100% true. It makes me feel like these White judges don't give a damn about Black children's needs...outside of the need for a father. In other words, A father is the primary need for Black children.

I ask you, if a Black child is homeless and/or hungry, will a father cure him/her? If a father is a criminal or is so self-absorbed to be [virtually] non-existent, will he cure his child of the major problems that ail him/her?Only a fool would believe that the answer is so simple as father-injection. Ooh, I think I've coined a new term:

Father injection.

The solutions for Black families lie in Black communities. White society continues to try to profiteer off of our "problems," all the while not creating any solutions, but rather, creating more problems. I have seen White men trying to actively recruit Black men into this parental alienation scam. I have seen White men try to align their parental alienation cause with the likes of the Civil Rights Movement. This is shameful.

Black people, beware!

I'm not trying to further the racial divide...I just want to create awareness. And understand this is difficult to do in spite of feeling the urge to protect Blacks as a community while simultaneously insisting upon individual personal responsibility. For too long have we Black women sat silent while our needs have been trampled upon...our children's needs...I can't sit back and watch it continue.

From the Institute on Domestic Violence in the African American Community (emphasis mine):

Fathers contribute to the well-being of their children and female partners when relationships are healthy and loving. Yet research indicates that in high conflict relationships when fathers are abusive to their female partners and/or their children, victims suffer short-term and long-term physical, emotional, financial, and spiritual affects of the abuse. Even during separation and divorce, abusive fathers may still have contact with their former partners and children because the courts, mother, or children choose it. What should our helping systems consider in order to protect and support women and children when domestic violence occurs? What can be done to encourage healthy, non-abusive behavior among fathers with a history of violence and abuse?

Black women are last on the totem pole. Browse the stats on the IDVACC website.

Black people pay attention.

Our children will continue to suffer. And I will not pretend that President Obama is going to be our savior because he has internalized the same beliefs held by White majority...those same beliefs offer more disaster and little relief.

You wouldn't hire a mortician to save your life. You wouldn't ask a sumo wrestler to play pro-ball. What makes you think that anyone will do? Any father isn't good enough...and I'm sick of the patriarchal court systems "coming to the rescue"...acting as if they are doing us a damn favor by legislating Black families!!!

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.

IMPD Officer Accused of Choking Daughter

By Joe Wambach, WIBC
2/13/2009

A Indianapolis Metro police officer has been arrested on charges of assaulting his 11- year-old daughter. Officer Andrew Dodds, 35, is accused of dragging the girl off a couch and down a hall and choking her after she spilled milk on the couch.

IMPD Lt. Jeffrey Duhamell said Dodds is apparently having some marital problems and the girl was upset over some of the things he said about her mother. Police investigated a domestic disturbance involved Dodds and his wife about three weeks ago. Dodds is being held on $100,000 bond and has been suspended without pay. He's charged with battery on a minor, battery on a minor with a family member present that's under the age of 16 and strangulation. All are 'D' Felonies. Chief Michael Spears is recommending that Dodds be taken before the merit board for termination.

Duhamell said Dodds had received commendation letters from an agent with the U.S. Postal Service n 2007 and from an IMPD detective a year ago. He was nominated for Northwest District Officer of the Month last Summer.

Why does the media put on the "gee, he is a great guy" face when talking about white males who commit domestic violence???? See Double Standards in Domestic Violence Reporting.

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.

The Indiana Judicial Qualifications Commission is Tired of Corrupt Family Court Judges and Lawyers

Recently punished Judge Daniel C. Banina, Miami Superior Court 2, and Lawyer Jeffry Price, of Peru, Indiana, has brought a warning from the Commission to all family court judges and lawyers:

In the Commission’s view, there is perhaps no greater injustice than to strip a parent of custodial rights without an opportunity to be heard and in the absence of an emergency. The Commission calls upon all judges and lawyers in Indiana to respect this fundamental notion, on the Commission and its counter-part, the Supreme Court Disciplinary Commission, attempted to convey now for several years, only to repeated address the same violation.

Read the story from the Peru newspaper about the dastardly duo:

A local judge and attorney are being publicly reprimanded for violating the state’s professional and judicial conduct rules. The Indiana Commission on Judicial Qualifications has issued a public admonition against Judge Dan Banina and the Indiana Supreme Court Disciplinary Commission has imposed a public reprimand against Attorney Jeffry Price, both stemming from a February 2007 incident concerning the custody of a child. According to a press release, the commission states the incident involves a mother and father who were divorced but living together.

The couple had a child, but that child was under the sole custody of the mother. In January 2007, the mother decided to move from their home and take the child with her. The father and local police intervened and demanded she leave the child with the father. Then Price, the father’s attorney, filed a petition to establish paternity which included an emergency order for his client to receive temporary custody of the child. Banina granted it the next day, February 2, 2007. The order was granted in favor of the father without prior notice given to the mother - the only notice she received was service of the petition about two weeks after it was filed.

According to the commission, Banina should have ensured the mother had notice of the petition and held a hearing to resolve the custody dispute. Likewise Price, in seeking and obtaining the order, deprived the mother of an opportunity to be heard before the order was granted. Banina says he “made a mistake.” “I thought I was doing the right thing at the time,” he explained. “I should have required more information.”

Although charges were warranted, Banina’s admonition states, the judge is not being formally charged with misconduct. He cooperated fully with the commission and acknowledges he violated the Code of Judicial Conduct. His only punishment is to be publicly warned concerning the matter, which is the purpose of the admonition.

The decision of whether or not to file charges is generally based on prior history of disciplinary action or lack thereof, severity of the misconduct and whether or not the code was willfully violated, among other things. That’s according to Kathryn Dolan, the Indiana Supreme Court’s Public Information Officer.

Dolan said this is the first disciplinary action to be taken again Banina. Additionally, the Governor Mitch Daniels’ office said Wednesday that Banina fully disclosed the matter while it was pending in his application for appointment as judge over Miami County Superior Court 2, which he was appointed to as of Jan. 1. At the time of the incident he was judge of what is now Miami County Superior Court 1.

The admonition was issued on Jan. 20, 2009, as was Price’s public reprimand. It was issued by Randall T. Shepard, Chief Justice of Indiana, and states Price cooperated with the commission and has no prior misconduct.

Messages left at Price’s firm and home were not immediately returned Wednesday afternoon. Dolan declined to release the name of the party who initiated the process to have the incident reviewed by state officials.

Sen. Evan Bayh Wants Dungy to Lead Dads Effort, But What About Moms?

Well, Senator Evan Bayh, what about moms? Your Fatherhood Initiative legislation has been successful in helping fathers get help in court to get custody of children away from mothers, by having the U.S. Department of Health and Human Services give grants to fatherhood groups...including Circle City Fatherhood Coalition. What about the children that are now separated from their mothers, who rarely get to see their mothers anymore, due to the fatherhood bias raging in the family courts now. What about the children, Senator Bayh???


From The Indianapolis Star:

WASHINGTON -- Indiana Sen. Evan Bayh collaborated with President-elect Barack Obama on Tuesday on how to keep outgoing Indianapolis Colts Coach Tony Dungy busy in retirement.

Bayh said he suggested to Obama that he recruit Dungy to work on promoting responsible fatherhood. “He enthusiastically agreed, saying, `I love that guy,’” Bayh said.

Dungy, who announced his retirement Monday, was active in community work, particularly on faith and family issues. He made public service announcements urging people to adopt or foster children and worked with the nonprofit group Family First, which promotes strong families.

Bayh has introduced for years legislation to provide economic and social support for fatherhood. Obama said last year that if he became president, he would sign the bill into law if it passed Congress.

Bayh plans to re-introduce the bill next month. It would fund programs that promote financial literacy, support domestic violence prevention efforts, change work participation rules for two-parent families on welfare, crack down on men avoiding child support payments, and require all the child support collected by a state go the family.

January is National Stalking Awareness Month

During January 2009, communities across the country will observe National Stalking Awareness Month, a time to focus on a crime that affects 1.4 million victims a year. This year’s theme, “Stalking: Know It. Name It. Stop It.” challenges the nation to combat this dangerous crime by learning more about it. Stalking is a crime in all 50 states and the District of Columbia. One in 12 women and one in 45 men will be stalked in their lifetime, for an average duration of almost two years, and most victims are ordinary Americans (1). Victims may experience psychological trauma, financial hardship, and even death (2). Eighty-one percent of victims stalked by an intimate partner were also physically assaulted by that partner (3), and seventy-six percent of female homicide victims were stalked prior to their death(4). Yet many victims underestimate the seriousness and impact of the crime.

At first, they may view stalking as “creepy” but not dangerous. They may think that ignoring or confronting stalkers will stop them. But stalkers almost never stop, and confronting a stalker may escalate the violence. Even when victims see the danger and report the crime, stalking may be hard for authorities to recognize, investigate, and prosecute. Unlike other crimes, stalking is not a single, easily identifiable crime but a series of acts, a course of conduct directed at a specific person that would cause that person fear. Stalking may take many forms—such as assaults, threats, vandalism, burglary, or animal abuse—as well as unwanted cards, calls, gifts, or visits. Stalkers may use a range of devices—such as computers, Global Position System devices, or hidden cameras—to track their victims’ daily activities. Stalkers fit no standard psychological profile, and many have been known to follow their victims from one jurisdiction to another, making apprehension by the authorities even more difficult.


Go to the Stalking Awareness website for more details!



1 Tjaden and Thoennes, “Stalking in America,” (Washington, DC: National Institute of Justice, U.S. Department of Justice, 1998).

2 Mullen, Pathe, and Purcell, Stalkers and Their Victims, (New York: Cambridge University Press, 2000).

3 Tjaden, “Stalking in America.”

4 MacFarlane et al., “Stalking and Intimate Partner Femicide,” Homicide Studies 3, no. 4 (1998): 300-16

Seminar for How to Represent a Victim of Domestic Violence? It Should Be Required for All Attorneys!

The Indiana Continuing Legal Education Forum is holding a training session on How to Represent a Victim of Domestic Violence. The price for the one day seminar is $285 for your average schmoe off the streets. This should be required training for all attorneys EVERYWHERE who JUST DON'T GET IT. The seminar should be opened up to victims of domestic violence who are Pro Se in court...on a Pro Bono basis...they can't afford high legal fees or have already been drained by the lawyers. I think I will work on this....stay tuned....

Here is the information:

How to Represent a Victim of Domestic Violence
6 CLE / .5 Ethics / Also Qualifies for New Lawyer Credit

Welcome & Course Objectives

Amy Huffman Oliver

Using Social Science Research to Support Victims in Domestic Violence Cases

Prof. Margaret Drew

For those practitioners representing victims of violence, the struggle might seem interminable. This session is designed to open communication around what is valid social science as well as studies and authors that can help support your case.


Discussion with the Hon. Teresa Harper


Understanding the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA)

Monica N. Player

This session will discuss the UCCJEA and its application and effect on victims of domestic violence attempting to relocate.

Healing Ourselves: Self-Care for Survivors’ Advocates

Prof. Margaret Drew

The facts of domestic violence cases are serious and often dreadful. The opposition is fierce and your case load never ending. This key session will explore the importance of keeping the framework of your own well being throughout – physically, emotionally, and mentally.

Discussion with the Hon. Teresa Harper

Refreshment Break

Standards of Practice: An Overview of the ABA Standards for Lawyers Representing Victims of Domestic Violence, Sexual Assault, and Stalking in Civil Protection Orders

Monica N. Player

Participants will also have an opportunity to discuss and share best practices

To Mediate or Not to Mediate in Cases Involving Domestic Violence: Are Victims Empowered or Intimidated in the Process?

Prof. Amy G. Applegate

In this session, Professor Applegate will address legal, ethical, social science, and practical issues about mediating family law cases where there has been actual or threatened violence or intimidation. Included will be research and anecdotal evidence.

Adjourn


Dates & Locations

Please note: Check-in begins 30 minutes prior to every event.
Location Start Time End Time
Kindig & Sloat Conference Facility, Course No. 850N2
102 Heritage Parkway, Nappanee, IN 46550
Thu, 8:00A
Jan 15, 2009 Thu, 3:30P
Jan 15, 2009 Register


Tuition

ISBA Members
$210.00
Non-ISBA Members
$285.00
ISBA Member 0-3 Years in Practice & ISBA Paralegal Member
$170.00
Non-ISBA Member 0-3 Years in Practice & Non-ISBA Paralegal
$235.00



Faculty

Amy Huffman Oliver, Director of Legal Services, Turning Point Domestic Violence Services, Columbus
Prof. Margaret Drew, Director, Domestic Violence and CPO Clinic, University of Cincinnati College of Law, Cincinnati
Monica N. Player, Staff Attorney, National Center on Full Faith and Credit, Arlington, VA
Prof. Amy G. Applegate, Clinical Professor of Law, Indiana University School of Law, Bloomington
Hon. Teresa D. Harper, Judge, Monroe Circuit Court, Bloomington

See website here.

Okay, Indiana Child Support Nazi's....Read This and Understand What is Truly Going On

Now this (thank goodness): A guest column in the Muncie Star that addresses the state ramping up child support enforcement (see next article on this site for the article she is referencing):

Guest column: Why some parents refuse to pay child support
By Joy Henley • December 19, 2008

I understand your recent Your View "State is Getting Tough on Deadbeat Parents" was intended for parents who have the means to pay child support but fail to do so. It is true that it is child abuse when a parent fails to pay child support and meet the needs of their child. There is no other word for it.


In an ideal legal world, there is not supposed to be any correlation whatsoever between child support and visitation. In real life, there is a huge connection. In some cases if the non-custodial parent had more involvement with his or her children, there would be more child support paid. There would be an investment and entitlement that extends beyond the wallet.

There is no excuse in the world for a parent to not support their child. I cannot imagine anyone disputing this. I do not know what goes on inside the minds of what society terms "deadbeat parents." However, I can probably give you an idea of what factors into a non-custodial parent's decision to not pay child support.

It is horror when a mother or father loses custody of their child to the abusive parent. Imagine paying "child support" to the one who battered you and/or your child. Or, providing the booze money that is disguised as "child support." You wonder what judge in his right mind would give custody to an abuser? It would be a judge who did not consider all of the evidence of abuse. This can occur when there are numerous, continuous false allegations. Sometimes, a parent just is not believed. An initial decision for child custody is usually brief -- the courts have only so much time allotted for each case. Not all of the evidence is always heard. Judges and courts are not perfect.

Children often end up with the abuser because the stable parent runs out of money. This is the blunt, simple truth. It takes many thousands of dollars to be involved in a child-custody case. Quality legal counsel does not come cheap. It is a vicious cycle of the innocent parent paying attorney's fees, court costs, psychological evaluations, etc.

Usually, guardian ad litems -- appointed by the courts on behalf of the child -- do a wonderful job. However, they are like judges -- imperfect and human. A guardian ad litem is as good as his or her training, which can be as little as 40 hours. I have to wonder how much specialized training should be required to determine custody. In most cases, the guardian ad litems are known as the "eyes and ears" of the courts. Their words carry a lot of power. They are supposed to remain neutral and in the best interests of the child. They are only as good, though, as their ability to be neutral.

False allegations run rampant in family court. It only takes one -- even anonymous -- complaint to a child welfare agency, and a parent is told to stay away from their child. In the early 1980s, it was believed children never lie about child abuse. Never. If you do not believe a child can be persuaded to lie by a vindictive, revengeful parent, go to www.paskids.org or www.hostile-aggressive-parenting.com. Children are often manipulated into making the false allegations.

A wise judge once said he could practically predict the extent of a child's future emotional problems by the size of the parent's litigation file. Isn't it about time we stop the war? Until courts learn we have to create win-win situations, there will be parents who refuse to pay child support. This should not be "winner take all" -- as in one parent gets the children, the money, the house and all of the advantages, while the other gets nothing. The child will ultimately be the big loser in all of this. Perhaps it is time we look at what both parents and the child can gain from the situation. Child support is just one major component of the total emotional, health and well-being of a child.

Failure to support a child -- you bet it's criminal. So is denying a child visitation with the other parent, parental alienation and parental abduction. The major difference is that when one doesn't pay child support, there are records and it can be monitored and penalized. When a parent subtly instills alienation in a child toward the absent parent, misuses the support money and fails to provide for the child, it is much more difficult to recognize. The parent who receives child support should be held just as accountable as the parent who pays child support.

Children need both parents if at all possible in their lives. When a parent speaks badly to a child about his or her other parent, the parent is bad-mouthing one-half the child. Perhaps it is time to look at workable solutions and how both parents can be invested in their child's future. Wouldn't it be wonderful if the need for and rights of children to have contact with their non-custodial parents were just as important as child support? It would be a win-win situation, and there would be some mighty child support collections!

Joy Henley is a former Muncie resident who is a newspaper reporter/correspondent and author. She has been in the social work profession for 28 years and is an educator of hostile aggressive parenting and parental alienation. For the past 22 years, she has worked with non-custodial parents in family law situations. She is the founder/executive director of The Juliette Gilbert Association for the Prevention of the Parental Abduction of Children.