I just had a 30-minute conference call with Commissioner Irwin H. Joseph, the psychologist he is appointing to do an evaluation, and my ex-wife. Cmr. Joseph treated it as a regular court session and said that he had a court reporter on a speaker phone.
The purpose of the call was to clarify the evaluation order. The psychologist had several questions. The order says that the psychologist has very broad authority to do whatever he pleases, and most of the questions consisted of asking whether he really has the authority to do things the way he likes to do them. Cmr. Joseph kept saying that he is trusting the professional to use his discretion to do what is best.
For example, the psychologist questioned whether he was required to do psychological testing, considering that testing was previously done. Cmr. Joseph instructed him to call the psychologist who did the previous tests, and come to a joint conclusion about whether additional testing is necessary.
The psychologist asked what to do with his report when he was finished writing it. This question baffled me. The guy has written 100s of reports. How could there be any doubt about this? Cmr. Joseph said to send copies to the court and to the parents. What other possibility could he have been considering? Has he ever done anything else with his reports?
Cmr. Joseph did say that he was issuing a protective order on teh (not yet written) report. We can only show it to our lawyers. I guess he said that to pacify the psychologist.
Cmr. Joseph asked us to waive all privileges. When I asked about the scope of waiver, he said that he meant all possible waivers, including a confession that I might have made to my priest. I thought that it was odd to hear him make such an anti-Christian comment on Christmas Eve. When I objected to waiving an attorney-client privilege, he said that no one is asking me to waive an attorney-client privilege. I also think that it is odd how lawyers have been brainwashed to think that the attorney-client privilege is more important than anything else. My ex-wife and I agreed to waive the privileges, assuming that the psychologist gives written notice about whom he wants to contact.
Now I wait for the psychologist to mail me his contract and his instructions.