Thursday, March 06, 2008

Judge forbids legal advice

At the end of my Jan. 4 hearing, the acting judge Comm. Irwin H. Joseph said this:
THE COURT: If your lawyer -- I said, if you decide to have a lawyer look at the file, or someone else, you need to file an 827 petition. You, as a parent, have a right to see the file. Yes, to see the file.

THE RESPONDENT: But just for my own lawyer to look at the file I have to petition the Court to get permission?

THE COURT: That's right. My authority? Welfare & Institution Code 827. I will ask the question.

THE RESPONDENT: I didn't understand that. I always thought I had a legal right to consult an attorney about the legal predicament I am in.

THE COURT: Don't twist my words, sir. I never said you could not consult with a lawyer. I said you could not show the lawyer the file, including the report. Don't twist my words.
I am not twisting his words. This is from the official transcript.

Comm. Joseph took my kids away from me. The main piece of evidence was a report written by Sally Mitchell. The report was released to me without any confidentiality restrictions, and I have quoted from it on this blog. Comm. Joseph says that I cannot show it to a lawyer.

It is axiomatic that I am allowed to consult a lawyer. Comm. Joseph apparently agrees with that, but wants to limit what I can communicate to my lawyer. I say this is unconstitutional. If it is not unconstitutional, it ought to be unconstitutional. The Sixth Amendment says:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
Technically, the courts would say that this does not apply because I have not been subjected to a criminal prosecution. But I have been deprived of my kids. I say that the govt should not be able to take kids away from parents unless it can prove guilt to the same standards as a criminal prosecution.


MissBehavingChick said...

What you have been through sick'in me. i will give you a brief run down on what I have been through. 1993 I married a loser, got pregnant, and got a divorce before I had my son. He was in prison for his 8 dui. I never spoke to hjim again. Then 2006 someone put a complaint with cPS, my son was 13yrs at he time. He egan to tell lies for the attention, so therefore i told CPS to kiss my ass, I was not guilty of anything, nor was I going to parenting class or counseling. I based my desicion on my sons behavior. The fact I did not bend over for CPS they located his father who was released from prison and so thereafter given full custody and mine were terminated. It's been 2 years since I have seen or talked to my son. Like you I blast CPS and the reporting person on my myspace blog. It's never ending bullshit. btw, I can not understand why your ex is so evil, I never met a person like her beside cps social workers here in Hollister ca


George said...

Those CPS workers who take kids away from good parents are the ones who are truly evil.