The Law on Due Process Help add Civil Courts

Due Process: Right to Counsel

Turner argues that indigent defendants facing incarceration through civil contempt hearings should have the right to appointed counsel under the Due Process Clause of the Fourteenth Amendment. Turner claims that the Court’s Sixth Amendment cases involving the right to counsel focus on the defendant’s need for the guidance that counsel provides, and the seriousness of the stakes involved. Turner asserts that in In re Gault, 387 U.S. 1 (1967), the Court determined that a juvenile is entitled to the right to counsel in civil juvenile delinquency hearings, which may result in institutionalization. The Court reasoned the juvenile had a right to counsel because the hearings could result in incarceration comparable to felony prosecution, and because the juvenile requires counsel to navigate the law and present an adequate defense. Similarly, Turner asserts that the Court determined in Vitek v. Jones that a prisoner has a right to counsel in civil commitment proceedings, because commitment results in a substantial restriction of liberty, and the defendant would likely require counsel to adequately exercise and protect his rights. Turner argues that these cases establish the proposition that a defendant in a civil proceeding facing incarceration has the right to counsel.
Rogers claims that Turner’s proposition is incorrect, because the Due Process clause does not create a presumptive right to counsel in civil cases where the defendant may be incarcerated. Rogers explains that the Court in Gagnon v. Scarpelli, 411 U.S. 778 (1973), held that minors do not have the right to counsel when facing commitment to a mental hospital. The Court found a “presumption that there is no right to appointed counsel in the absence of at least a potential deprivation of physical liberty.” Rogers asserts that Lassiter does not create a presumption of a right of counsel; potential incarceration is not in itself sufficient to create an exception to the general rule that there is no right to counsel in civil cases.
Rogers argues that due process does not require counsel for a defendant in a child-support civil-contempt hearing. In order to provide a complete defense, the defendant need only show that he cannot pay by bringing in tax forms, or employment or doctors’ letters. Rogers claims that defendants do not need counsel because there are relaxed procedural and evidentiary rules, no juries, and technical issues involving the statute of limitations or res judicata rarely arise. Rogers declares that if the defendant in a child support proceeding did have a right to counsel then the proceedings would become unbalanced; the child-support-seeking plaintiff would not have a corresponding right to counsel and likely could not afford to hire a private attorney.
The United States agrees with Rogers that Due Process does not require appointed counsel for defendants in child support civil contempt hearings where the defendant could be imprisoned. Nevertheless, the United States argues for reversal because the judge in this case did not provide the defendant with a way to prove that he could not pay the support, thereby violating due process. Inability to pay is a complete defense to a civil contempt charge for non-payment of child support. The United States contends that due process may be satisfied if the family court implements procedures, such as requiring financial forms, affidavits, or preliminary assessments of the defendant’s ability to pay.

Access To Justice

‘‘(b) TECHNICAL ASSISTANCE.— ‘‘(1) STRATEGIC PLANNING.—Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments requesting support to develop and implement the strategic plan required under subsection (a)(6). The Attorney General may enter into agreements with 1 or more non-governmental organizations to provide technical assistance and training under this paragraph. ‘‘(2) PROTECTION OF CONSTITUTIONAL RIGHTS.—Not later than 90 days after the date of enactment of this subsection, the Attorney General shall begin to provide technical assistance to States and local governments, including any agent thereof with responsibility for administration of justice, requesting support to meet the obligations established by the Sixth Amendment to the Constitution of the United States, which shall include— ‘‘(A) public dissemination of practices, structures, or models for the administration of justice consistent with the requirements of the Sixth Amendment; and ‘‘(B) assistance with adopting and implementing a system for the administration of justice consistent with the requirements of the Sixth Amendment. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—For each of fiscal years 2017 through 2021, of the amounts appropriated to carry out this subpart, not less than $5,000,000 and not more than $10,000,000 shall be used to carry out this subsection.’’. (c) APPLICABILITY.—The requirement to submit a strategic plan under section 501(a)(6) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, as added by subsection (b), shall apply to any application submitted under such section 501 for a grant for any fiscal year beginning after the date that is 1 year after the date of enactment of this Act.

Concerned Citizens for Family Law Reform — World4Justice : NOW! Lobby Forum.

Originally posted on Children’s Rights: We the people of the Great State of Florida do hereby request that our current #GovernorScott issue the following executive orders. It is within his power to do so. 1. An immediate executive order inacting the alimony language as part of the now VETOED #SB668 since #GovernorScott has expressed…

via Concerned Citizens for Family Law Reform — World4Justice : NOW! Lobby Forum.

Finally A Chance To Be Heard

MainStreamMedia Wants to Hear about Your Case!

CALLING All Women Whose Kids Were Taken Away & Given to Fathers: MainStreamMedia (MSM) Is Listening!

Many National Mainstream Media Investigative Journalists, both TV and print, have recently contacted Cindy Dumas, Director of The Women’s Coalition, about the epidemic of children taken from women and given to fathers, many of whom are physically or sexually abusive.

MSM wants to know the extent of the crisis so this social media event has been set up for all women to get their voices heard. Editors, reporters and producers will be reading the posts and comments so please let them know how this has negatively impacted your life!

There are three ways you can participate:
1. Join the event and post about your case.
2. Comment, Like and SHARE posts
3. Send an email to

email: TheWomensCoalitionPAC@gmail.com

 with a one page or less summary of your case. Put MSM in the subject line. [TWC will keep name confidential if it is requested.]

NOTE: It can be very brief if you’re short on time, something like:
“I am my children’s primary bond, but they were taken away from me when they were 8 and 10 and sole custody was given to the father who was abusive to them. I have been restricted to supervised visits and have been bankrupted fighting for them. We have been destroyed by the system.”
If you sent one for the UN Complaint, you can use that summary.
If you want anonymity TWC will post it for you.
Use a photo for more impact.

WHO should participate: Any woman who was the primary nurturer of her child(ren) and lost primary custody to a father (whether he was abusive or not)–even if joint custody was awarded–without a fair hearing.

NOTE: One journalist is especially interested in Massachusetts cases and two are especially interested in cases where the mothers went into hiding.

ONE PAGE SUMMARY (optional):
• You were/are the primary nurturing parent
• How many children were taken
• What false accusations were used
• What kind of visitation you got, if any
• How long you went without seeing your kids
• What kind of abuse was involved, if any
• Whether your evidence was covered up or disregarded
• Whether you were coerced into silence; by whom
• Which officials involved: DA’s, law enforcement, social services, family court officials, psychologists, therapists, etc. (names optional);
• Whether you/your kids suffered trauma symptoms
• Whether you were financially devastated
• Whether your career was damaged or destroyed
• How you feel about what was done to you and your children

Please SHARE this event so MSM is deluged with cases!!

(bloggers opinion, this should be an issue of injustice regardless of sex)

An Open Letter to My Children’s Stepmother

  • * * * UPDATE to My Readers * * *
  • I recently wrote a private letter to the Stepmother asking her if we could bury the hatchet now that I am frequently invited to Al. to see my granddaughter. I have had no reply, I assume that means no.
  • I posted a link in the step-parents area at reddit/divorce and I was shocked to have such negative feedback.  People telling me to remain out of my newly reunited, adult children’s lives and to leave SM alone.  I just DON’T understand WHY people can’t get along?  Why does it have to be ONLY her, and how could she really hate a person she has never taken 10 minutes to know?
  • I really am struggling with these questions because I want to be able to attend future events, weddings, christenings, Holy Communion, all of it. I do not want my kids to have to pick one of us, we are adults and I feel we should be able to be in the same room civilly, for the KIDS!  Please post new thoughts below…
  • Here is the Reddit link:
  • https://www.reddit.com/r/stepparents/comments/3joe7y/letter_to_stepmom_falls_on_deaf_ears_i_want_to/

 

Dear Jill,
Although we have never spent any time together I believe that you and I COULD become friendly, if not friends.

First off; let me again express my gratitude to you for guiding my children into adulthood. I honestly believe that without your influence they would not have achieved so much. I can’t thank you enough for loving them. Sincere, heartfelt THANKS!

Now I need to address some issues that I feel we, yes, you and I TOGETHER, need to come to terms with.

The number one thing that Wanda told me you said about me that really hurt my feelings was, “anybody can spit out four kids”. I have serious issues with that statement because it is a falsehood number one; because the children are mine, they are NOT your flesh and blood. Yes, you were there for them the past 7 years or so, but that doesn’t make them your children. It makes the children your family, people you love and people you are partially responsible for, still they will always be 50% of my genetic code and no matter how much you love them you can’t replace me. You can’t change their genetic make-up and as much as I believe you wish you could erase all traces of me from them, you can’t. I suggest that you come to terms with this and try to comprehend the special bond of mother and child which I have observed to remain intact even when a child is separated from their biological mother from birth.
Allow me to give you an example from my own life. You may not know this about me but I was adopted. I had a burning desire to find my biological family, my roots, at a very young age. To that end I began adoption research at the age of 15. I spent countless hours scouring records of “Chattle” (yes, sickening that Arizona used a livestock sales column to post adoption announcements) helping so many other people in the Az Search Triad, but never successfully locating my own announcement.
After Charlene was born I became obsessed really with locating my birth mother, and after much research I finally found her.
What she experienced the day I called her for the first time clearly demonstrates the connection between mother and child that remans unbroken through time.

My birth mother, June, (Wanda June is named after both Chuck’s mother and my birth mother) is the type of woman who’s only idle time is when she is asleep. She never really stops doing. The day I first called her was one of the rare moments in her life where she simply paused, by the telephone no less, in certain anticipation of a call from a daughter she had never met. Call it a psychic connection, a twinned cell, or, as I believe, a blood bond, she knew the baby she placed for adoption was going to call her that day and she was ready.

Jill I am not telling you this to make a comparison between the love our children have for mother or step mother. I trying desperately to explain that EVERYONE in this family will be far better off with more love rather than more pain. I would never force my children to choose between you and I, not for fear of the outcome, but because it is simply UNNECESSARY for them to make any such choice.

Now Jill, my children are almost all adults and I realize that they can decide never to speak to me again. How do you think they will feel when they have their own children and become aware of the deception and mean-spirited tactics that have pushed me away since the moment you became an important part of their lives? Do you believe that they will overlook the awful things you and Robin have said about me over the years?

I am betting adulthood will open their eyes to just how mean you have been to me. I HONESTLY Hope they don’t become so angry with you for the accusations, the not telling them I called, wrote, or flew 1200 miles to see them only to be threatened by you with trespass charges if I didn’t leave. Jill, as deeply as you have hurt me, I don’t wish this pain upon you.

I think of ALL of you everyday and while sometimes I am filled with pain, which ultimately leads to anger, for the most part I think of you fondly. I imagine you teaching Wanda to read music, encouraging Daniel to pursue drama, and holding the grandchildren I will never hold, with the love and adoration they clearly deserve. I imagine the pain you feel, as I once felt, being ignored intimately by a man who was sadly taught that sexual intercourse was something women despised, and that showing affection or being publicly affectionate was inappropriate even for man and wife. I imagine you crying alone realizing they will soon be gone and that even though you are married to a great guy, you will soon be very lonely.

Jill, I will always welcome any positive relationship with you. I would be able to overcome the painful past if you would simply reach out in sincere friendship to me. We have much in common, my kids have told me this time and again. I was told by Daniel that I left hurtful messages on your answering machine for you. I honestly do not recall trying to be hurtful towards you; yet I know that when I am in pain I can be very mean. I know this sounds like I am making excuses, I am not. There is no excuse if I hurt you; and if I did I am truly sorry. Please find it in your heart to forgive me.

Jill, please, I am begging you to start to TRY to add me to your life.

Whatever your choice, I wish you well.

Sincerely,
Leah

Begin Chinese

我的孩子的继母的公开信

指控应对离婚戏剧字母父母的疏远步父母公婆的作用兄弟姐妹的作用车削家长反对孩子

亲爱的建筑业,
虽然我们永远不会花任何时间在一起,我相信你和我能变得友好,如果不是朋友。

第一关 ;让我再次表示,我感谢你为指导我的孩子们进入成年期。老实说,我相信不受你影响他们将不会取得这么多。谢谢你足够爱他们不行,诚意,表示衷心的感谢 !

现在我需要的解决一些问题我觉得我们,是的你和我在一起,需要妥协的。

头号万达告诉我你说我真的伤害了我的感情是,”任何人都可以吐出四个孩子”。我有这种说法严重的问题,因为它是一个谎言数目 ;因为孩子们是我的他们不是你的血肉。是的你在那里为他们过去的 7 年左右的时间,但不会是你的孩子。它使孩子们,你的家人、 你爱的人和你部分负责的人,他们仍然总有 50%的基因代码、 无论你是多么的爱他们,你不能代替我。你不能改变他们的基因组成,就像我相信你想你可以抹去所有的痕迹,我从他们那里,你不能。我建议你来到这个术语,并试图理解的母亲和我观察将保持不变甚至当一个孩子分开他们亲生母亲从出生的孩子特别的羁绊。
请允许我给你举个例子从我自己的生活。你可能不知道这对我,但我没有采纳。燃烧的欲望,要找到我生物的家,我的根在很年轻的时候了为此目的,我 15 岁开始通过研究。我花了无数时间冲刷的”动产”(是的令人作呕的亚利桑那州用牲畜销售额列来发布通过公告的) 记录帮助很多其他人在亚利桑那州搜索黑社会,但永远不会成功地定位自己的公告。
夏琳出生后我成了真的痴迷于寻找我的亲生母亲,和很多的研究后我终于找到了她。
她所经历的这一天我打电话给她的第一次清楚地表明了母亲和儿童只有之间的连接通过时间不间断。

我的亲生母亲,6 月,(万达 6 月命名查克的母亲和我的亲生母亲) 是新型的女人只是空闲时间是当她是睡着了。她从来没有真正停止做。我第一次打电话给她的一天是她的生命中弥足珍贵的时刻之一在哪里她简单地停顿了一下,在电话上不少,在某些期待接到一个女儿她素未谋面。称之为一个通灵的连接,孪晶结构的单元格,或相信,血缘,她知道她安排收养婴儿正要打电话给她一天,她已经做好准备。

吉尔我不告诉你这些是为了让我们的孩子的母亲或继母的爱的比较。然而,至今拼命想解释说,在这个家庭里的每个人都将会更好更多的爱,而不是更多的痛苦。我从不会强迫我的孩子们做出抉择,你和我,我不是害怕结果,而是因为它是根本不必要为他们做出这样的选择。

现在是吉尔,我的孩子们几乎都是成年人,我意识到他们可以决定永远不会再跟我说话。你觉得他们会觉得当他们有他们自己的孩子和意识到的欺骗和卑鄙的战术,把我拒之门外自从你成为他们生活的重要组成部分?你相信他们会忽视你和罗宾曾对我多年来的糟糕的事情吗?

我打赌,成年后将会打开他们的眼睛,多么的意思是你一直在我身边。我老实说希望他们不会成为这么生气的指责,没有告诉他们我叫、 写道,或飞行 1200 英里,看到他们只来威胁你非法侵入罪名如果我不曾离开。吉尔,像你一样深深地伤害了我,我不希望这种痛苦在你身上。

我认为所有的你每天,虽然有时我充满了痛苦,最终导致愤怒,大部分为想你的深情。我想象你教学万达读音乐,鼓励 Daniel 追求戏剧,并抱着孙子我将永远不会举行,爱与崇拜他们显然值得。我想象你的痛苦,因为我一旦毡,紧密地忽略了可悲的是一个人教那性交是一些妇女鄙视,和那显示的感情或被公开深情是不恰当的即使对于男人和妻子。我想象你哭独自实现他们很快就会离开,即使你嫁给一个伟大的人,你很快就会很寂寞。

吉儿,我会永远和你一起欢迎任何积极的关系。将能够克服痛苦的过去,如果你将简单地伸出真诚的友谊对我。我们有很多共同点,我的孩子们告诉我这一次又一次。Daniel 告诉我说我把伤人的消息在你的答录机上留给你。老实说不记得想要伤害你 ;然而我知道在痛苦中的时候,我可以很小气。我知道这听起来像我在找借口,我不是。那里是没有任何借口,如果伤害了你 ;并且如果我做了我真的很抱歉。请发现它在你的心,能原谅我。

吉尔,拜托,我求你开始试着将我添加到您的生活。

无论你的选择,我祝你顺利。

此致敬礼
利亚