George, if Perlmutter writes an order, doesn't it have to be approved by a judge? And now, you can't even have a court reporter unless you pay for one yourself. There are no records showing what transpired. SC County is a 3rd world country.Even Third World countries are not stupid enough to let psychologists write court orders.
Yes, I thought that orders had to be signed by a judge, after a hearing or at least an opportunity for a hearing. In my case, the psychologist (Perlmutter) sent his proposed order to a juvenile delinquency court commissioner who then rubber-stamped them as an order without any notice or hearing. I was expecting the matter to be heard by the family court judge. I never got any explanation for why it was done this way.
I did depose Perlmutter to try to get an explanation for what he meant by the order that he wrote. He was evasive, and what I got was this:
DEPOSITION OF KENNETH PERLMUTTER, Ph.D.That was over a year ago, and the same order is still binding. I don't know what it means, and the jerk who wrote it refuses to take any responsibility for it.
23 Q. Well, I'm not asking your opinion about what
24 things ought to be. We are now subject to the order
25 that you wrote.
1 A. Of which I have no control over that. Of
2 which it doesn't even make sense the order that was
3 signed because there are contradictory things in
4 there. So that order doesn't even make sense. But if
5 you will be patient for a minute, I would like you to
6 give me one minute to speak about this issue with C.J.
8 Q. You wrote it and I'm trying to comply with
9 it. Okay?
10 A. How can you comply with it? There's nothing
11 in the order as it's filed with the court that is
12 compliable. It's absolutely insane. You can quote me
13 on that. It's on the record. It makes no sense to me
14 that my recommendations are a court order because there
15 are contradictory things in the court order.
16 So I've seen a judge sign something like this,
17 but I've also seen a judge X out the things that are
18 contradictory. So we all know that that didn't
19 happen. Or I've seen -- I've seen a judge sign it and
20 then add additional instructions.
21 Could I just speak about C.J.?
22 Q. Okay. Wait. This is wild. You're telling
23 me -- I mean, you've done 650 evaluations?
24 A. Yes, that's true. Over 650.
25 Q. You normally make recommendations at the end
1 of your evaluation?
2 A. Yes.
3 Q. And you write them all out in a form in which
4 they are all ready to go as a court order?
5 A. No, absolutely not.
6 Q. But you're expecting the judge to just go
7 through and X out the stuff that doesn't make any
8 sense; is that the way you do your evaluations?
9 A. No, that is not the case. And rather than go
10 through the rules in Santa Clara County or San Mateo
11 County, all you need to do is refer to the local rules
12 and you'll understand what the process is. I knew full
13 well --
14 Q. You know, listen, listen. I wish I could say
15 I could read the rules and understand the process. My
16 experience, the court violates the rules all the time
17 and the upshot is that now I have an order that you
18 wrote and I'm trying to comply with it.