Sunday, January 27, 2008

Judge issued secrecy order after the hearing

I just got this order from Comm. Joseph. (The spelling and grammar mistakes are in the original; I didn't change anything.)
The case is regularly called for hearing.
Both parties are sworn and examined.
The parties address the issues now before the Court.

The Court recites its findings for the record. The Court notes the transcript of the orders made today shall be free of charge to Petitioner.

IT IS ORDERED:

The Court finds Respondent has engaged in emotionally abusive behavior and conduct. Respondent has shown an inablitliy to discern and take responsibility for his own participation in such abusive conduct. The minor's are not to continue to be exposed to such conduct.

The parties shall particiate is a psychological evalution with Dr. Elizabeth Lee, The Court signs the Order Appointing Child Custody Assessor/Evaluator.

The parties shall share in the cost for Dr. Lee's fees. The Court reserves jurisdiction to realocate said fees.

The requirement for the parties to participate in Co parenting counseling shall be at the recommendation of Dr. Lee if she feels it is appropriate.

Visitation shall remain professionally or non professionally supervised and shall be modified to include up to two hours of unsupervised time once the minors have been interviewed by an evaluator. The evaluator is requested to recommend appropriate increases in the unsupervised time between the supervised hours.

Respondent shall commense counseling as recommended by Dr. Johnson.

SUPPORT: Respondent to pay child support in the amount of $1,748.00 per month for the period of 01/01/06 through 01/22/06. Respondent is ordered to pay child care costs in the amount of $250.00 per month. Support based on attached DissoMaster

Respondent to pay child support in the amount of $2,692.00 per month for the period of 01/23/06 through 02/06/06. Said support is based on the Court diviating from the guideline amount pursuant to FC Section 4057 b(5)(b). Support based on attached DissoMaster

Respondent to pay child support in the amount of $2,208.00 per month for the period of 02/06/06 through 12/31/06. Said support is based on the Court deviating from the guidline amount pursuant to FC Section 4057 b(5)(b). Support based on attached DissoMaster

Respondent is ordered to pay child support in the amount of $1,601.00 per month effective 01/01/07. Said support is based on the Court deviating from the guideline amount pursuant to FC Section 4057 b(5)(b). Support based on attached DissoMaster

NEXT COURT DATE: This matter is set for Trial Setting and Financial Issues on 03/21/08 at 8:31 in Department 4.

Both parties are directed to file and serve Status Conference Statements 5 days prior to the next hearing.

Petitioner is directed to prepare the order pursuant to Rule 3.1312.

LATER, OFF THE RECORD:

The Court recognizes that pursuant to Welfare and Institutions Sec. 827, the content of the testimony of Sally Mitchell on 1/4/08 should be kept confidential. The Court should have closed the session including her testimony to the public. Therefore the Court makes the following orders:

The transcript of the testimony of Sally Mitchell on 1/4/08 shall be deemed confidential. It may not be copied or reproduced in any manner without Court order. The original transcript shall be sealed. Distribution of the transcript is prohibited. The transcript may be used for any legitimate appellate purpose.
The surprise is the two paragraphs at the end. Comm. Joseph did not say that in court, and apparently added it at some later date. There is no good reason for Sally Mitchell's testimony to be confidential, that I can see, except to cover up incompetence and maliciousness. She testified that she did not know of any specific act of abuse on my part. Comm. Joseph accuses me of child abuse, but he doesn't want anyone to know how flimsy the evidence against me is. I would post the transcript if I could.

Section 827 doesn't say anything about court testimony or transcripts. It merely says that parents, lawyers, court personnel, CPS, and others have access to juvenile court case files. There was no such case file that was ever even discussed. Ms. Mitchell just testified about dogs, alarm clocks, dishes, homework, and other such matters.

I would like to publicly defend myself against the charges that have been made publicly against me. Comm. Joseph is trying to forbid me from doing that. He says that I have "engaged in emotionally abusive behavior and conduct", but he forbids me from saying what that behavior and conduct was. Well, there was no emotionally abusive behavior and conduct, and Ms. Mitchell's transcript proves it. His order is just an attempt to stop me from showing how wrong his order is. It appears that I have to appeal his order just to get my hands on the transcript.

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