RULING:Comm. Joseph has no authority to issue such an order. I can see no justification for such an order, except as just an attempt to cover up incompetence and maliciousness.
RESPONDENTS WITNESS HAS NO RIGHT TO ACCESS THE REPORT FROM CHILD PROTECTIVE SERVICES AND DIRECTS THE WITNESS TO DESTROY ANY COPIES OF THE REPORT OR DOCUMENTS RELATED TO THE REPORT IN HER POSSESSION.
IT IS ORDERED:
IF RESPONDENT WANTS AN ATTORNEY TO HAVE ACCESS TO THE REPORT FROM CHILD PROTECTIVE SERVICES, HE MUST PETITION THE COURT FOR PERMISSION. NO ONE SHALL REPRODUCE OR DISTRIBUTE THE REPORT FROM CHILD PROTECTIVE SERVICES.
The CPS report was released to me with no restrictions. It was not marked confidential. No law restricts me from posting it on this web site, as far as I know. The report was used against me in open court and on the public record. I have a right to defend myself against accusations of abuse. It is absurd to say that I need to get Comm. Joseph's permission to get legal advice on the report.
I am still trying to make a determination that I can post the report legally. Stay tuned.
2 comments:
The judge has broad powers to "cotrol" a litigation that may give him the ability to supress the report. The report may also be protected as a privacy right of the children or as a right to medical privacy. There may be statutory privisions governing CPS reports in order to balance the need for you to desiminate the report against the need for candor on the part of the author of the report. I don't know of any statutes or anything like that but these are reasons I have seen givin when the judge bars cameras in civil courts, or issues a gag order.
The "need for candor"? What are you saying, that the CPS social worker might be more honest if she can make secret accusations against someone? That seems unlikely to me.
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