Historically, problems with the Family Court System were directed toward men. With the advent of the Women’s Rights Movement and the No Fault Divorce Laws, the face of decisions affecting the lives and rights of individuals has changed. No longer is this a gender specific problem. Abuse of individuals and the system is applied equally across the board. It has now become a problem of who has the deeper pockets or the most political influence.
Who could be better at their jobs?
A look at the people involved in the process of the Family Court System. Statistics and conclusions based on occupation.
Police Officers
Although, not technically expert witnesses, their testimony, particularly in cases involving personal injury, carries great merit with the courts by virtue of employment status. They are most often the first responders to a domestic or neglect situations. Evidence can be skewed by police reports. It is at their discretion to require photographic and written documentation. Reports of incidents written by officers are subjective, requiring not only training, but personal experience be injected into these reports. Often, calls are answered with no formal statement taken from the victim. It is based on these reports, or lack thereof, that further investigation is determined. Although many departments have adopted standards to raise the awareness of the need for investigation, it is little more than lip service. Domestic violence is given the lowest investigative priority. In Washington D.C. for the year 2005, 65% of police calls received were for domestic violence incidents according to the District of Columbia Coalition Against Domestic Violence.
When custody and visitation issues are reported, police ignore court issued orders, and refuse to enforce them. This all too often leads to kidnapping or harm to the children involved. Calls to police for assistance are given little or no formal report status. Due to the lack of reporting in this area, no hard and fast statistics are available.
District Attorneys
Though, mainly hands off in a divorce or custody action, the Office of the District Attorney or Commonwealth’s Attorney, does become involved in acts of violence or neglect. They are the ultimate decision makers as to whether a case goes before a judge or not. They decide what evidence should be presented and how it should be presented. Even their determination on the placement of witnesses in a case can affect the outcome of the case. Again, this is subjective and far from scientific fact.
Most DA’s aspire to higher positions within the legal community such as judgeships or inclusion in lucrative private practices. Many end up defending, if not the same people, the same types of people they were sworn to prosecute.
Private Investigators
In the family court system, most often, the main category of expert witnesses is the Private Investigator. Private Investigators get their majority and most lucrative of work through attorneys. The existence of “sweetheart” deals, or preferential treatment of one investigative firm over another, is common. If, as in most areas of the US, there is a necessity to hire someone with the licensing and skills needed for surveillance, selection is limited. The lawyer often determines who is used, how much is paid and what evidence is sought. To further limit the outcome, independent Private Investigators are not as independent as they appear. Many rely on larger nationwide networks to augment work. They are sub-contractors. Ownership of these nationwide companies are almost impossible to track. Using common Internet searches, no data could be found.
Court Appointed Custody Evaluators
Work in this field, when not associated with large metropolitan areas, is generally part-time. The responsibilities and education for such a position vary greatly, even with a given jurisdiction. At look at the 2008 California Rules of the Court (http://www.courtinfo.ca.gov/rules/index.cfm?title=five&linkid=rule5_225) are only an indication of the qualifications needed to fill this position.
The medium income according to careers.stateuniversity.com/
Given that this particular occupation meets privately in the homes of individuals involved in litigation, the possibility for misuse, misreporting and/or misinterpretation of information can pose a greater problem than with almost any other profession involved in violence, divorce and custody matters. Of almost all the professions, this is open to one of the most subjective of reporting procedures, and therefore one of the two most disputed areas of the Family Court System. There are no lists for commonly asked questions, nor is there a consistently applied procedure for evaluation. Failure in this area can also be due to how questions are asked, i.e. instead of asking a child if they love their parent, the question can be posed in the negative, “You don’t love the parent, do you?” Reports of these court appointed employees are often withheld from the other side, and in some courts, from the interviewee.
Probation Officers
Often, these are low paid positions, with pay starting in some jurisdictions at $28,000 per year[iii]. The educational requirements for employment of probation officers varies according to jurisdiction, but, at a minimum, these jobs require “A bachelor’s degree in social work, criminal justice, psychology, or a related field is usually required. Some employers require a master’s degree in criminal justice, social work, psychology, or a related field for candidates who do not have previous related experience. Different employers have different requirements for what counts as related experience. It may include work in probation, pretrial services, parole, corrections, criminal investigations, substance abuse treatment, social work, or counseling.”[iv]
The degree of educational attainment coupled with low pay and rights of privacy can allow for the misuse of these positions. Time after time, in state after state (New Jersey, 2004; Alabama, 2007; Texas, 2008; are just some of the nationally reported cases. Most are only locally reported) people in these positions have been found to accept bribes for favorable reports.
Drug and Rehabilitation Counselors
In the Drug and Behavioral sector, the medium income is $34,040 per year but grows to $136,000 with the inclusion of counselors in private practice, which is the most lucrative of employment opportunities for people in this field. Educational requirements often include a Masters Degree and up to two years of supervised clinical practice. These positions often require long hours with poor working environments.[v] Laws governing privacy of records, even by immediate family members, precludes the use of documentation of substance abuse.
Clerks of the Court
All cases, whether civil or criminal, are filed through a Court Clerk’s Office. According to Payscale.com the job description is “Perform clerical duties in court of law; prepare docket of cases to be called; secure information for judges; and contact witnesses, attorneys, and litigants to obtain information for court.” These positions earn from a low of $11.74 per hour to $19.49 per hour after 20 years of service. In most jurisdictions, an associate’s degree is required for employment as well as secretarial and administrative experience.
Anger Management Counselors
This category for employment in the Family Court System falls in the realm of Family Counselors. A Masters Degree and a period of 2 years of supervised clinical practice is most often required. Starting salaries average $32,717 per year according to Payscale.com.
The Anger Management Counselor only comes in contact with the abuser, and thus, is subject to only one point of view. Some forward thinking jurisdictions re-evaluating the way Anger Management is applied and conducted based on the feeling that abusers can use the classes to learn better techniques for abusing, i.e. leaving no visible marks or the elimination of displays where such displays are witnessed by third parties. Further, Anger Management does not address underlying mental illness that can be the true basis for violence.
Guardian ad Litems
The keepers of the suit, so called by the courts, as they are the attorneys appointed by the courts to protect the interests of the child. Generally lawyers with varying specialties and as little as 2 days training, they assume the task of overseeing the child’s future and well being. Some states require that GAL’s also participate in defense of a minor in Juvenile Court. In this capacity, they are criminal defense attorneys.
Again, each side is interviewed by the Guardian ad Litem in the privacy of the home. Reports are subjective and not based on a standard set of questions or procedures. In court, GAL’s are not supposed to testify but to recommend, without elaboration, to the judge. Few are able to accomplish this, making them the other most contested court appointee.
Lawyers:
From the moment you first contact a lawyer, you are barraged with questions of finance. Lawyers all too often make decisions on whether or not to take a case, not based on right or wrong, but by the bottom line. They ask themselves “How much am I going to make on this case?” If money is the main motivator, the outcome is secondary.
Lawyers are the glue that holds the system intact. They speak with each other regularly, socialize with each other and with law enforcement officials, and, much to the consternation of litigants, determine the outcome of actions privately. They are the sole determinates for requests for subpoenas, introduction of evidence and defense of allegations. It is their decision if a witness takes the stand to testify or not. If the outcome has been predetermined, as often happens in contested divorce, custody or family violence, it is their decision if even the litigants to the action testify. They oversee what actions, filings and paperwork the court sees and hears. They have the power to sway the outcome of a case by action or inaction, and regularly use that power.
Judges
Courtrooms are fiefdoms of the judge who sits on the bench. Without their tacit agreement, the perjury, misconduct and withholding of evidence would not be allowed. It is they that determine what is admissible and what is not. It is they that decide the fate of those who do not have the money or the strength, often after years of abuse, to fight back.
All too often, politics, money and influence determine their decisions. Abuse cases and their outcomes are often sealed by judges. They neither possess the Wisdom of Solomon nor the Blindness of Justice. Many sit on the bench for their own personal gain, be it money or power. These are not only paid positions; they are, in too many jurisdictions, paid for positions with political contributions and accountability to no one.
Overall conclusion:
In most Family Courtrooms, the system is beyond broken. It is in such a state of disrepair that only a complete dismantling and rebuilding effort can eliminate the cycle of poverty and abuse that the courts perpetuate. According to the American Judges Association, between 50% and 70% of abusers get and retain custody of minor children. Three children a day are killed by abusers, with many more dying of the circumstances surrounding the actual physical and mental abuse, e.g. drug and alcohol abuse, runaways sought by predators, and even traffic fatalities caused by emotional distress. It is time to restructure the system.
Associations, such as the American and State Bars and American Judge’s Association must apply better self policing procedures. Oversight by judicial commissions must be made public. Where applicable, complaints to the Department Of Justice must be investigated. Cases of perjury must be prosecuted. And, when a life is put in danger, be it an adult or child, immediate actions must be taken by police, social workers and other investigative agencies with the inclusion of full written reports and other necessary documentary evidence.
[i] Nock, S. L., (1999). Costs of Divorce. Unpublished raw data, University of Virginia.
Popenoe, D., & Whitehead, B. D. (2002). The personal and social costs of divorce.
In J. Wall, D. Browning, W. J. Doherty, & S. Post (Eds.), Marriage, health,
and the professions: If marriage is good for you, what does this mean for law,
medicine, ministry, therapy, and business? (pp. 33–46). Grand Rapids, MI: Eerdmans, William B. Publishing Company.
[ii] Individual and Social Costs of Divorce in Utah
David G. Schramm, Auburn University, http://utahmarriage.org/pdf/IndividualandSocialCostsofDivorceinUtah.pdf
[iii] U.S. Bureau of Labor Statistics
Office of Occupational Statistics and Employment Projections
Suite 2135, 2 Massachusetts Avenue, NE Washington, DC 20212-0001
http://www.bls.gov/OCO/ | Telephone: (202) 691-5700 | Fax: (202) 691-5745
Iv U.S. Bureau of Labor Statistics
Office of Occupational Statistics and Employment Projections
Suite 2135, 2 Massachusetts Avenue, NE Washington, DC 20212-0001
http://www.bls.gov/OCO/ | Telephone: (202) 691-5700 | Fax: (202) 691-5745
[v] U.S. Bureau of Labor Statistics
Office of Occupational Statistics and Employment Projections
Suite 2135, 2 Massachusetts Avenue, NE Washington, DC 20212-0001
http://www.bls.gov/OCO/ | Telephone: (202) 691-5700 | Fax: (202) 691-5745
