The Judge Never Listens To Us!

 

            “Hearing after hearing, we go into court, the caseworker talks, but we don't get to!  The system is rigged!”

            And exactly what did your attorney do about it?  Sit there and say nothing?  Was the worker under oath?  No?  Why was he/she talking?  Was there a written report submitted that day?

 

            If any of this sound familiar, I know the problem, and it is NOT the judge!  It's YOUR ATTORNEY!  My research and advocacy experience shows that attorneys are the BIGGEST problem with these cases.  They are lazy!  And for no reason at all.  If they would just make templates and take about 15 minutes a week, they could cover twice as many cases with half the work.  After all, they don't get full pay for these cases, but that, IN NO WAY, releases them from their ethical duty to give you zealous, vigorous representation. (Please read Managing Your Attorney)

            The judge had no ethical, procedural, or legal duty to hear your side.  Why?  Because your attorney allowed the other side to go against the rules of court without an objection.  You need to understand the role of the judge to understand the importance of holding all to the same rules and procedures.  If you have an open CPS case and have not read your state's rules, regulations, and laws, YOU ARE PART OF THE PROBLEM!  How can you get your side on the record without knowledge?

            The written motion is the way to get things on the record.  If you hold it for presenting in court, the judge can take an objection from CPS and you can be denied the opportunity to put your information on the record.  If you put in a motion or report prior to the court date, within the proper time frame for your local rules of court, it's on the record.  Done!  And this simple tactic could very well stop CPS from lying about you because you have already told the real story. 

 

            Why is the caseworker talking from the table?  Why not under oath?  Anytime anyone is talking in the courtroom that is not an attorney, they need to be under oath.  We all complain about the caseworkers lying, but if they are not under oath, they aren't committing perjury.  Make sure your attorney objects to the caseworker giving anything to the court without being on the stand.

            If there is a report being discussed, when did your attorney get a copy?  What are your local rules for submitting things in time for a hearing?  If the report is late, is your attorney objecting?  Do you know the rules to hold him to the rules as well? 

 

            Let's look at how a hearing CAN go if all the rules are followed:     

 

                        ALL RISE!

 

                        (To the CPS attorney)  What do you have?

                        CPS attorney:  Your Honor, we are here for an update on this case.  Here is a copy of the report from the caseworker.

                        Your attorney:  Objection, Your Honor, this report was not given to me timely.  This is the first we are aware of this report.  We object to submission.

 

                        CPS attorney:  We are prepared to give an oral report, Your Honor.

 

                        Judge:  Very well.

 

                        Ms. Caseworker:  Your Honor, Mrs. Mom

 

                        Your attorney:  Objection!  The worker is not under oath.

 

                        Judge:  Please step up and be sworn in.

 

                        Your attorney:  Objection!  I was not given a witness list within the time of the rules of court.  We are not prepared to cross-examine.

 

                        Judge:  Sustained!  Mr. Attorney, do you have anything for us?

 

                        Your attorney:  Yes, Your Honor.  You should have a copy of our court report, stating the parents' progress with the proper documentation.   All parties have been served with a copy.  We also presented a witness list to the prosecution.  I call Mrs. ___________________________, Mom to the stand.

 

            Now who's side is on the record, and who's isn't?  And if the judge doesn't allow it to happen something like this, then you still have everything on the record.  Your attorney's objections are in the transcripts and you have possible appealable issues or reasons for recusal of the judge.

 

            And remember, CPS attorneys don't lie, the caseworker does, and being a good attorney, he simply presents his/her client's side.  It's fun to see the CPS attorney get pissed at the worker for giving him false information, trust me!

 

            So, don't go spreading the misconception that the judge only sides with CPS.  The judge has NO obligation to investigate.  It's not his job.  It's his job to listen and decide fairly.  Nothing more.  He has to hear your side to consider it.  That simple.