Judicial Forum, 10/26/14, sponsored by Nat'l Coalition for Family Justice- Questions by Susan Titus
Glascoff, Advisory Bd. Director of NCFJ & longtime nat'l public advocate
Two pertinent fairly recent books inspire useful questions- The Death of Common Sense, by Philip K. Howard, Esq. & HOW- How We Do Anything Means Everything in Business & in Life, by Dov Seidman
- What can be done to insure judicial orders get followed? Aren't judges being demeaned & our legal system mocked when some judges enforce contempt orders while others don't (some don't even issue them) & victims must turn to Appellate, costly in time & money (for victims & taxpayers, including those denied timely access), if Appellate even accepts the case?
- How can COMMON SENSE be enforceably applied re ALL types of cases, but especially when harms children? With regard to custody, why aren't moms & kids being believed when studies show fabrications of abuse run about 2%? In 3 recent prominent statistics relating to male violence- 70 out of 71 were men arrested for child pornography, 5% of males are born with greater tendency for violence, 1% of males seem to have predisposition for pedophilia.
- HOW can we create compassionate, constructive legal remedies that don't favor those with most power but recognize inherent gender differences & fact that it is in everyone's best interest to create checks & balances versus cycling abusive behaviors?
- Since judges are just as human as everyone else, HOW can enforceable sanctions be established when orders violate common sense & obviously fairness?
PS- A few proposed remedies & stark examples why needed: (some not new but still ignored)
I- a) Pay incentives for judges getting fewest filed complaints. b) Additional training required when receive serious complaints or over established min. #; removal if too many. c) Review boards, & include public posting of orders issued but not enforced & by whom.
II- a) Ex.-9+yr ongoing Brooklyn Taub divorce/bankruptcy ETC case- start of bankruptcy of wife, judge said husband still worth $41 million (result of many judges not enforcing orders)
b) oldest daughter's estranged husband allowed to get passport for minors without mom signing & tho husband rarely pd child support & earlier had criminal court order- supervised visitation, & he's now seeking custody. LAW needed- barred from custody if ever credible abuse alleged.
c) Columbia U. 9/21/14- Forensic conf. re custody. Etc.- key judge speaker – issued settlement order (Taub) at least 1 1/2yrs ago, enforced virtually nothing, bnkrptcy & legal costs increasing.
III- LAW needed- settlement agreements MUST include enforceable comparable lifestyles, incl. a “look-see” whenever credibly requested after & fines imposed for violations.
IV- a)Find ways to close loopholes, issue escalating fines for delaying tactics plus set fees for required items. b) To avoid high cost of transcripts & tampering, record- 1 taped copy for each party + judge.