Kentucky Law Review

TRUANCE: E-town Editorial on Truancy and Family Court Judge's efforts to curb it

Here's an op-ed piece from the News Enterprise:

TOPIC: Curbing truancy  From News Enterprise

OUR VIEW: Helping parents, students connect to issue

Missing several days of school and several class assignments that may never get made up can have a huge impact on a student’s academic performance.

Count Division IV, 9th Circuit Family Court Judge M. Brent Hall  is among those in Kentucky trying to make sure students who have an absentee issue can get it resolved.

The Truancy Diversion Program’s intent is to catch and identify truancy issues at a key juncture in the lives of students. Modeled after the Jefferson County Family Court pilot program, Hall implemented the program at East Hardin Middle School last school year and is in the early stages of getting it going at West Hardin Middle School.

The program at West recently introduced students with three to 15 unexcused absences in the first four months of the school year, and their parents or guardians, to TDP.

The goal: Nip truancy in the bud.

Let’s face it: Any program that can steer students more and more into the classroom and away from too much idle time on their hands is a program that should be applauded.

Hall obviously gets it. As an elected judge, he’s not content with just maintaining things the way they are. He’s trying to make a difference in the lives of many.

We should have more elected officials who look beyond the obvious day-to-day business to make a difference in their respective communities.

Hall is impacting at least two of the county’s six middle schools. The program also helps ease the burden on courts. Last year, the two family courts handled 10,000 cases.

With three or more unexcused absences, children can be considered truant and heading to court in Kentucky.

As Hall puts it, “There’s nothing positive about coming to court.’’

Thanks to this judge, fewer students are getting to the point of needing to get into the court system.

To Judge M. Brent Hall, here’s to a job well done.

This editorial represents a consensus of The News-Enterprise editorial board.

FAMILY LAW: Hardin County Attorney Has Full Time Family Court Prosecutor

From the Elizabethtown News-Enterprise is a story on:

Family court-dedicated prosecutor part of renewed family services

By BOB WHITE

bwhite@thenewsenterprise.com

ELIZABETHTOWN – With a second Hardin County Family Court bench headed into a second year, and following more than a year of disturbing reports about local social services, the Hardin County Attorney’s office in mid-July employed its first full-time prosecutor for domestic violence, parental rights, custody and juvenile cases.

With several months of work behind her, family court prosecutor Carey Hendricks talked this week to The News-Enterprise about her role with domestic issues and the value of having a dedicated prosecutor for family cases.

“When you’re dealing with such intimate issues, it makes good sense to have someone dedicated to the process,” Hendricks said. “It brings continuity to the process.”

Before Hendricks joined the office, family court prosecutors in Hardin County had split roles — prosecuting criminal cases one moment, then addressing family issues the next.

Among those former family court prosecutors is 9th Circuit Family Court Judge M. Brent Hall, who filled Hardin County Family Court’s second judgeship last year after a gubernatorial appointment.

He said a dedicated family court prosecutor provides other parties involved with a consistent “go-to person” familiar with family court rules, methods and procedures — all of which helps expedite cases.

“Bad news doesn’t get better with age,” Hall said. “Whether you’re dealing with kids’ lives or the (state) budget, we don’t have the luxury of dragging our feet.”

Noting Hendricks’ fulltime status, education and experience — along with other positive improvements being made with families in mind — Hall said “things are looking up in family court.”

Hendricks, 33, is a former victims’ advocate with the Jefferson County Attorney’s office holding a Bachelor’s of Science in Psychology, a Master of Arts in Community Counseling and Juris Doctorate from the University of Louisville.

Local lawyer quoted for story on Child abduction out of Michigan

Detroit newspaper reporting on a Michigan child abduction speaks with Diana Skaggs for comment an analysis. 

Dad, abducted son reunite
Boy, 6, allegedly taken by mom, settles in at home
Charles E. Ramirez / The Detroit News

EASTPOINTE -- Jeffrey Edwards feels like he's lived through a nightmare. And the worst part is, he says, is he doesn't know if it's over.

Four months ago, Edwards' 6-year-old son was taken from him by his ex-wife, Muingo Muthui, who did not have custody of the boy, according to police. Authorities captured the 29-year-old woman on Nov. 1 in North Carolina and reunited Edwards with his son, Pierce.

"It would be nice to be able to wake up and have the nightmare be over," said the 35-year-old single father from Eastpointe. "I don't think it'll ever happen. I'm worried if (Muthui) gets a second crack at this, he may never be found."  * * *

Diana Skaggs, a principal in the law firm of Diana L. Skaggs and Associates, said Edwards is fortunate he got his son back. Based in Louisville, Ky., Skaggs specializes in family law and the parental abduction of children.

She said the effects can be lasting.

"Kids react differently to it, but this is certainly something that impacts them," she said.

"Abductions uproot all of the stability and security that's so important to their development."

JEFFERSON COUNTY: Jefferson Circuit Clerk Nicholson Announces Centralized Domestic Violence Intake Center

From the Courier-Journal:

Victims' services in single office
One-stop shop offers legal assistance

By Jessie Halladay • jhalladay@courier-journal.com • October 17, 2008

For years, a grass-roots effort has been under way to create a one-stop place for domestic violence victims to seek help from the legal system.
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The dream was to create a single office to help victims navigate the often-confusing legal process, rather than having them go to several offices in multiple buildings.

Yesterday, Jefferson Circuit Court Clerk David Nicholson announced that will happen in early 2009 with the creation of a centralized domestic violence intake center.

"They are fragile victims of our community desperately seeking assistance," Nicholson said.

Since 2001, an intake office has operated in various locations, including, after regular business hours, in the traffic court office. In that time, 65,000 domestic violence victims have been seen in court, Nicholson said.

This initiative will establish a single office in the southwest corner of the Hall of Justice at Sixth and Jefferson streets, for deputy clerks, county attorneys, deputy sheriffs and victim advocates.

Victims of violence can go there to file emergency protective orders, seek warrants or file other court papers. It will operate 24 hours a day, seven days a week.

* * *

Click on title for remainder of story.

FAMILY COURTS: "Wife's protection order bars principal from school"

From the Courier-Journal (but brought to my attention via The Kentucky School News and Commentary Blog):

Wife's protection order bars principal from school

By Jason Riley • jriley@courier-journal.com • October 17, 2008

The estranged wife of Pleasure Ridge Park High School principal David Johnson has taken out an emergency protection order against him that bars him from the school, claiming Johnson hit his teenage son in the face on Sunday.
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A Jefferson Family Court judge granted Karen Johnson's EPO request on Tuesday and ordered that David Johnson stay at least 1,000 feet from his wife and their son until an Oct. 24 court hearing.

That order means David Johnson is not allowed at PRP High School, which his son attends.

Jefferson County Public Schools spokeswoman Lauren Roberts said the district found out about the order yesterday and David Johnson will take vacation time until the hearing, which he is trying to move up.

CLICK ON heading for entire story.

FAMILY LAW: "U.S. Supreme Court Hears Oral Argument Yesterday In QDRO case" By Diana L. Skaggs on Retirement Plans

Family Lawyers in Kentucky may wish to keep watch on this issue now before SCOTUS (or better yet subscribe to the Divorce Law Journal's RSS Feed for updates!):

U.S. Supreme Court Hears Oral Argument Yesterday In QDRO case
By Diana L. Skaggs on Retirement Plans

FAMILY LAW: Two posts from the Divorce Law Journal addressing COA Decisions from 9/12/2008

I cannot emphasize enough that if you practice family law, then the Divorce Law Journal should be in your "favorites", "bookmarks", or "RSS feeds".

Every legal periodical (or blogger) has their "strong suit" or focus.  Mine is trial, insurance, torts, and civil procedure.  Diana Skaggs' blog the "Divorce Law Journal" is family law,  and she provides timely (same week!) updates on Kentucky appellate decisions.  Plus, posts of note and commentary from Kentucky and elsewhere that impact your practice.

Yes, I know Diana Skaggs does not have the only family law related on-line journal, but she was the first to go on-line, and she is the only one to systematically address Kentucky appellate cases on that topic with links to the full text of the actual decisions.

With that said, here are two recent links.  Rather than steal her thunder, you are just going to have to click on the links and find out for yourself!

• The Family Law Lull Ends
• Pick Your Headline: "Same-Sex Adoption Case Affirmed In Ky" or "Lawyers And Family Courts In Ky Better Not Ever Again Attempt Second Parent Adoption Without Legislative Change" (UPDATED)

FAMILY LAW: "McCary v. Mitchell, Ky COA, Guardianship Custody Between Non-parents"

Family Law Case update from Divorce Law Journal found in today's postings following Court of Appeals decision in -

McCary v. Mitchell, Ky COA, Guardianship Custody Between Non-parents

FAMILY LAW: "Women Soldiers and Divorce"

From Kentucky Family Law Blog, Women Soldiers and Divorce.

FAMILY LAW: "Courts - "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "

The following story from Law.Com on Ohio's experience with the self-help divorce kits reveals what should have been a self-evident and self-fulfilling problem.  It practicing law was so easy, then why require four years of college, three years of law school, a rigorous admission examination, and continuing legal education for the privilege of practicing the profession?  Well, it wasn't. 

I took two bar exams upon graduation (West Virginia and Virginia) was admitted on motion to Kentucky, and have been admitted before those three states, as well as several federal district courts and circuit courts, plus the United States Supreme Court, and still that does not mean I should be dabbling in a multitude of legal subjects beyond that which I have spent years studying, practicing, writing, litigating, and otherwise honing my skills in the library and in the court rooms.

But, alas I digress.  Self-help kits serve a purpose, but the unintended consequences are coming home to roost for some.  Thanks to Marcia Oddi of the Indiana Law Blog for this story (which I am linking to - sorry for the need to click and repeat the click).

Courts - "Ohio Judges See More Do-It-Yourself Divorces and System Slowdown "

By Marcia Oddi on Courts in general

A long AP article today, posted by Law.Com, reports:

With the economy down and the cost of lawyers high, more people are choosing to represent themselves in divorce cases. But legal amateurs who struggle with complicated paperwork are slowing down an already clogged system, some judges say. * * *

Legal information is widely available in bookstores and on the Internet for couples looking to save money. Legal fees for the simplest dissolution, not involving children, are about $1,000, Columbus, Ohio-area lawyers say. Dissolutions with children start around $1,500. * * *

Self-representation is an absolute right. But it slows an already-clogged system that isn't designed for amateurs, said Judge James Mason of Franklin County Domestic Relations Court.

"It's an ever-increasing problem," Mason said. "Some of these cases just need so much massaging."

His bailiff estimates that pro se filings, relatively unusual a decade ago, now amount to more than a third of Mason's cases. * * *