Family court "Code of Silence"

Saw this on another newsgroup and thought some here might find it
interesting.

http://www.middletown.com/news/newsf.../24/1059026764
.15255.0122.2313.html

(Reproduced for educational purposes only)

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Fox takes GOP heat

By Mary Lolli, Butler County Bureau

HAMILTON Butler County Commissioner Michael Fox's public criticism of the
county's domestic relations and juvenile court systems has landed him in
hot water with Republican Party leaders.

In a private meeting this week, Fox says he was told to back off or risk
losing the party endorsement when he's up for re-election next year.

Party leaders confirmed meeting with Fox twice in the last week to discuss
his public criticism of fellow Republican officeholders but deny
threatening his political future.

Carlos Todd, former longtime GOP chairman, said he organized the meeting
in an effort to get Fox and Domestic Relations Judge Sharon Kennedy to
discuss the issues between them and arrive at some kind of a decision that
would be satisfactory to both sides.

The leadership was wanting to work some problems out so that there
wouldn't be any problems with endorsements, Todd said.

But Fox said the meeting took a wrong turn.

Carlos made it clear that he was deeply distressed that I had been
publicly discussing reforms for the courts and that that was going to
adversely affect my ability to get the party's endorsement, Fox said.

In the lengthy report A Culture of Secrecy, Fear and Judicial Abuse,
released in May, Fox detailed a study of divorce and custody cases that
have gone through one or both of the court systems.

Fox cites 13 specific problems in the courts and 31 recommendations for
change, including merging the two court systems into a family court.

Fox's report also cites incidences where witnesses, attorneys or parties
were caught misstating facts about cases and the courts issued no
sanctions and, in many cases, allowed inaccuracies to remain a part of the
record without correction.

The report also notes instances where inadequate or no record of
proceedings was kept and parties were excluded from hearings where
decisions were being made about their divorces.

Although the majority of cases outlined in Fox's report had been handled
by Domestic Relations Administrative Judge Leslie Spillane, Judge Kennedy
has been the vocal defender of the court and its procedures. Juvenile
Court Judge David Niehaus has declined to respond to Fox's report.

It would be my desire and wishes that (Fox) and the domestic relations
judges would come to some sort of an agreement and put aside personal
differences for the good of the (GOP) and their constituents of Butler
County, Todd said.

GOP Chairman Joe Schwarz said the purpose of the meeting was not to
discuss the endorsement of Mike Fox, but rather to discuss internal
problems between him and other Republican elected officials and to find
some meeting ground.

Schwarz said he had no problem with Fox's report or with counter-criticism
Judge Spillane launched over what she believes are excessive travel
expenditures by Fox.

They have a right to express their opinions, Schwarz said. But the party
does get concerned when the issues become personal. There's nothing wrong
with a public debate as long as it doesn't get personal.

However, Schwarz said the GOP has not made a request that Spillane resolve
her differences with Fox over the travel issues.

She can discuss that publicly. If she feels that's improper, then it's her
right and duty as a citizen to bring it up and point it out, he said.

Quite frankly when there is cooperation between elected officials, the
winners are the people of Butler County, Schwarz said. That's who elects
them and that's who should be served.

Mr. Fox's endorsement is not being challenged by the leadership of the
GOP, Schwarz said, adding the GOP will begin endorsement screenings for
the 2004 primary election in September.

Wendell Judd, a member of the GOP policy committee, chairman of its bylaws
committee and long-time chairman of the Fairfield Regional GOP, disagrees.
Judd attended the private meeting.

While Carlos Todd is no longer part of the party leadership, he remains
one of the most influential people in the GOP, Judd said. Carlos told Mike
to back off and said if he didn't (Carlos) could not support his re-
election bid.

I've been in this party 40 years, and why people do things they do, I
don't know. Carlos has been a good party member and brought about good
things for the party, Judd said. But, in all my years with the party I
have never been to a meeting like this. I wish it hadn't happened.

I know this isn't going to read good and it's going to upset some people
but I'm not going to lie, Judd said. I don't lie and I'm not going to
start now. Mike Fox's political future was threatened over this
disagreement with the domestic relations court.

Judge Kennedy and Hamilton City Councilman Ed Shelton, who were also
present for the GOP meeting with Fox, did not return telephone messages
left for them on Wednesday.

Fox said he doesn't intend to abandon his efforts to seek court reform.

I believe the concerns that I expressed are concerns shared by a lot of
people and I'm hopeful that, as a result of the work I've done, we will
see changes not only in Domestic Relations, but also Juvenile Court, he
said. I don't mean any ill-will towards anyone in doing the report or
lobbying for reforms. There are thousands of children's lives affected by
those two courts. I care about those kids and those families and the
experiences they have.

If the passion for helping those children and families creates a barrier
to my getting an endorsement from the Republican Party, that's a sad day
for the party, Fox said.

I'm a great believer that you live and die by your ideas. The whole heart,
the lifeblood of democracy is debate and discussion of ideas. That is the
lifeblood of our system and it can be done in a respectful and non-
disagreeable way and the people are well-served when that occurs.

Published 07.24.03