News - Latest News
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
Isabella Brooke Knightly and Austin Gamez-Knightly
In Memory of my Loving Husband, William F. Knightly Jr. Murdered by ILLEGAL Palliative Care at a Nashua, NH Hospital
Saturday, December 19, 2009
Rights group questions children's care
New Hampshire Hospital
Rights group questions children's care
12-, 6-year-old kept with adults, teens
By ANNMARIE TIMMINS
Monitor staff
--------------------------------------------------------------------------------
December 16, 2009 - 12:00 am
The state hospital is temporarily housing its youngest mentally disabled students with adult and adolescent patients because there are too few kids to justify keeping them in their own quarters at the Anna Philbrook Center for Children, a hospital official said yesterday.
The decision prompted the Disability Rights Center to contact the New Hampshire Hospital yesterday with concerns about the children's well-being and care, said Richard Cohen, the DRC's executive director.
Philbrook is a school and therapeutic center on the state hospital grounds for kids between 4 and 14 years old who have moderate to severe mental disabilities. There is room for 25 kids, but yesterday there were just two, said Jamie Dall, director of financial and support services. One is 6 years old, the other about 12.
The hospital has a policy based on nursing standards, Dall said, to relocate the Philbrook kids to the other unit when enrollment falls below four students. That way, the staff typically assigned to Philbrook can be reassigned to other shifts in the hospital, he said.
This week, the two kids assigned to Philbrook have spent their days at the center, taking classes, meeting with their families and participating in counseling, Dall said. In the early evening, they go to the adolescent and adult unit of the hospital and remain there under close supervision until morning, he said.
When the hospital admits two more children, Philbrook will return to its normal schedule, Dall said. "There is no plan to close Philbrook," he added.
In the meantime, the Disability Rights Center has asked the hospital for the names of the children's parents or guardians to make sure the two kids there now are not being neglected or harmed by sharing space with adolescent and adult patients, Cohen said.
"We are concerned," he said. "We are looking to determine whether or not this is based on clinical needs or budgetary or administrative needs. This is unusual for Philbrook to be closed down. And it's very unusual for young children to be placed in an adolescent-adult unit at the hospital."
Dall said the hospital did not merge the young kids with the adolescent-adult unit to save money. The hospital still heats the Philbrook Center, and the staff still reports to work, Dall said. But there is a savings: With the young kids relocated for the evening, the hospital can use the Philbrook staff to fill shift vacancies elsewhere in the hospital, Dall said.
Children are admitted to the Philbrook Center voluntarily or by a court-ordered involuntary admission. And it's unusual for Philbrook to have so few students, Dall said.
Two weekends ago, there were 15 students at Philbrook. Last week, there were 11, he said. But at day's end on Friday, there was no one due to spend the night at the center, he said.
There was an attempted admission of a 6-year-old over the weekend, but due to "confusion," that admission did not happen, Dall said. He did not know the specifics. The parents of that child brought the child in Monday, and the child remained there as of yesterday, Dall said.
"As a general rule, we have to staff for the worst because we don't know who is going to come in at 2 or 3 in the morning," he said.
Dall said the two children who are spending the evenings and nights with the older patients are being kept at the far end of the adolescent wing, with close supervision.
The adolescent and adult wings are connected, but there is a nursing desk where they intersect, and the populations are kept apart, he said.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20091216/FRONTPAGE/912160301
Rights group questions children's care
12-, 6-year-old kept with adults, teens
By ANNMARIE TIMMINS
Monitor staff
--------------------------------------------------------------------------------
December 16, 2009 - 12:00 am
The state hospital is temporarily housing its youngest mentally disabled students with adult and adolescent patients because there are too few kids to justify keeping them in their own quarters at the Anna Philbrook Center for Children, a hospital official said yesterday.
The decision prompted the Disability Rights Center to contact the New Hampshire Hospital yesterday with concerns about the children's well-being and care, said Richard Cohen, the DRC's executive director.
Philbrook is a school and therapeutic center on the state hospital grounds for kids between 4 and 14 years old who have moderate to severe mental disabilities. There is room for 25 kids, but yesterday there were just two, said Jamie Dall, director of financial and support services. One is 6 years old, the other about 12.
The hospital has a policy based on nursing standards, Dall said, to relocate the Philbrook kids to the other unit when enrollment falls below four students. That way, the staff typically assigned to Philbrook can be reassigned to other shifts in the hospital, he said.
This week, the two kids assigned to Philbrook have spent their days at the center, taking classes, meeting with their families and participating in counseling, Dall said. In the early evening, they go to the adolescent and adult unit of the hospital and remain there under close supervision until morning, he said.
When the hospital admits two more children, Philbrook will return to its normal schedule, Dall said. "There is no plan to close Philbrook," he added.
In the meantime, the Disability Rights Center has asked the hospital for the names of the children's parents or guardians to make sure the two kids there now are not being neglected or harmed by sharing space with adolescent and adult patients, Cohen said.
"We are concerned," he said. "We are looking to determine whether or not this is based on clinical needs or budgetary or administrative needs. This is unusual for Philbrook to be closed down. And it's very unusual for young children to be placed in an adolescent-adult unit at the hospital."
Dall said the hospital did not merge the young kids with the adolescent-adult unit to save money. The hospital still heats the Philbrook Center, and the staff still reports to work, Dall said. But there is a savings: With the young kids relocated for the evening, the hospital can use the Philbrook staff to fill shift vacancies elsewhere in the hospital, Dall said.
Children are admitted to the Philbrook Center voluntarily or by a court-ordered involuntary admission. And it's unusual for Philbrook to have so few students, Dall said.
Two weekends ago, there were 15 students at Philbrook. Last week, there were 11, he said. But at day's end on Friday, there was no one due to spend the night at the center, he said.
There was an attempted admission of a 6-year-old over the weekend, but due to "confusion," that admission did not happen, Dall said. He did not know the specifics. The parents of that child brought the child in Monday, and the child remained there as of yesterday, Dall said.
"As a general rule, we have to staff for the worst because we don't know who is going to come in at 2 or 3 in the morning," he said.
Dall said the two children who are spending the evenings and nights with the older patients are being kept at the far end of the adolescent wing, with close supervision.
The adolescent and adult wings are connected, but there is a nursing desk where they intersect, and the populations are kept apart, he said.
http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20091216/FRONTPAGE/912160301
HHS ends probe into transfer of young patients
Saturday, December 19, 2009 HHS ends probe into transfer of young patients
BC-NH — State Hospital-Young Patients,0146
HHS ends probe into transfer of young patients
Eds: APNewsNow.
CONCORD, N.H. (AP) — The New Hampshire Department of Health and Human Services has finished investigating a policy that allows young children with mental illness to be transferred to a state hospital unit that serves teenagers and adults.
Advocates for children have questioned whether the policy harmed two boys ages 6 and 12 who spent parts of two nights in the adult unit last week under a policy that allows such transfers if the number of patients at the Philbrook Center for children drops below four.
Health and Human Services Commissioner Nick Toumpas told New Hampshire Public Radio that he didn’t know anything about the transfer until he read about it in the newspaper. He says he will review the investigation next week and work with those involved to decide what the policy should be going forward.
http://www.nashuatelegraph.com/news/statenewengland/488542-227/hhs-ends-probe-into-transfer-of-young.html
BC-NH — State Hospital-Young Patients,0146
HHS ends probe into transfer of young patients
Eds: APNewsNow.
CONCORD, N.H. (AP) — The New Hampshire Department of Health and Human Services has finished investigating a policy that allows young children with mental illness to be transferred to a state hospital unit that serves teenagers and adults.
Advocates for children have questioned whether the policy harmed two boys ages 6 and 12 who spent parts of two nights in the adult unit last week under a policy that allows such transfers if the number of patients at the Philbrook Center for children drops below four.
Health and Human Services Commissioner Nick Toumpas told New Hampshire Public Radio that he didn’t know anything about the transfer until he read about it in the newspaper. He says he will review the investigation next week and work with those involved to decide what the policy should be going forward.
http://www.nashuatelegraph.com/news/statenewengland/488542-227/hhs-ends-probe-into-transfer-of-young.html
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
News - Latest News
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
Saturday, Dec. 19, 2009
Bill would open abuse records
LAWMAKER HOPES TO IMPROVE CHILD PROTECTION WITH MORE TRANSPARENCY
By Valarie Honeycutt Spears and Beth Musgrave - vhoneycutt@herald-leader.com A key Kentucky lawmaker plans to push proposals in the upcoming legislative session that would begin lifting a curtain of secrecy that shrouds many investigative records and court proceedings involving abused children.
State Rep. Tom Burch, D-Louisville, said Friday he will introduce legislation in the 2010 General Assembly that would require state child-protection officials to release their records on children who died or were severely injured as a result of abuse or neglect.
Burch said he is concerned that, in some child abuse cases, "the Cabinet didn't do their job right or they had heavy caseloads and didn't have time to look at the case sufficiently."
Also on Friday, Kentucky Supreme Court Chief Justice John D. Minton said he supports a proposal that would create a pilot program for opening Kentucky's closed-door family courts. Most other states open child-protection courts to some degree.
Kentucky had the highest rate of child deaths from abuse and neglect in the United States during 2007, according to a report released in October by a national child-advocacy group called Every Child Matters Education Fund.
The non-profit group in Washington, D.C., reported that 41 Kentucky children died from abuse and neglect in 2007 — a rate of 4.09 deaths per 100,000 Kentucky children. The group has called on state officials to make public specific information about each child's death, including whether he or she had previous contact with state social workers.
Kentucky law permits the disclosure of details about children who die from abuse or neglect but does not appear to mandate release of the information.
Each year, the Kentucky Cabinet for Health and Family Services produces an annual report of deaths and near-deaths caused by child abuse and neglect, but it does not provide any specifics about each child's case.
The Herald-Leader has filed an appeal in Franklin Circuit Court of the cabinet's denial of a request for records in the May death of 22-month-old Kayden Branham, who died in Wayne County after drinking liquid drain cleaner that was allegedly being used to manufacture methamphetamine.
At least 12 states have passed laws requiring that child-protection records be released when a child dies from neglect or abuse.
House supportive
House Speaker Greg Stumbo said Friday that Burch can expect support.
"The House is more than willing to look for ways to make life safer for our youngest citizens," Stumbo said, "and if Rep. Burch believes this is an effective approach to take, I expect the chamber will be supportive of his efforts."
Meanwhile, a spokeswoman for Senate President David Williams said Friday that Williams would want to see the legislation before commenting on it.
Cabinet spokeswoman Anya Weber said cabinet officials look forward to reviewing the bill.
"Our practice is to address confidentiality in the manner dictated by state statute and regulation," Weber said. "Opening such records is a complicated issue that would require careful thought and deliberation in order to protect innocent family members."
Terry Brooks, executive director of Kentucky Youth Advocates, said Friday that his Louisville-based organization would support legislation to open abuse records and family courts.
"The current undue emphasis on confidentiality only hides issues in the child-welfare system," said Brooks. "Broader public exposure is a beginning step to fixing many of the issues that afflict child protection. It is a tough proposition but the right balance can be found between privacy rights, system accountability and disclosure for the sake of system improvements."
Beshear urges study
In 2008, a bill that would have opened Kentucky's child-protection courts to the public on a limited basis was rejected by the House Judiciary Committee. The proposal would have opened four to seven child-protection courts in Kentucky for four years on a test basis.
Burch said Friday that he is considering filing a similar bill in 2010.
"I would support similar legislation if introduced again," Minton said Friday in a statement.
"We have a number of judges who work daily in the system who have openly expressed their support for allowing the public to see what is going on in certain types of juvenile proceedings," Minton said. "These judges are attempting to follow model programs that have been successful across the country and to bring best practices to the courts of Kentucky."
However, Gov. Steve Beshear's office offered a more cautious opinion of the proposal to open some juvenile courts.
"Any effort to open family court — even in a limited basis — would require considerable input from a number of sources, including judges and attorneys as well as family advocates," said Kerri Richardson, a spokeswoman for Beshear. "Protecting innocent family members, especially children, remains an important consideration."
Burch said he believes a recent series of articles on child abuse by The Courier-Journal of Louisville has increased support for both measures.
The newspaper reported this week that since 2000, Kentucky Child Protective Services officials had investigated reports of problems involving 149 of the 267 Kentucky children who subsequently died from abuse or neglect, according to the annual reports on such deaths produced by the cabinet.
Burch, who has been chair of the House Health and Welfare Committee for 27 years, said many legislators don't understand the complexities and challenges faced by the state's overburdened child-protection system.
Opening that system for review would show the public and the legislature the strengths and weaknesses of the system, Burch said. He said it would also hold social workers and family court judges accountable for their actions.
Reach Valarie Honeycutt Spears at (859) 231-3409 or 1-800-950-6397, ext. 3409.
http://www.kentucky.com/latest_news/story/1065738.html
La. Judge faces impeachment for drinking, gambling
Saturday, December 19, 2009 La. judge faces impeachment for drinking, gambling
By BEN EVANS
The Associated Press
FILE - In a Wednesday, Nov. 18, 2009 file photo, New Orleans-based District Judge G. Thomas Porteous Jr. listens to testimony on Capitol Hill in Washington during the House Judiciary Committee's Task Force on Judicial Impeachment meeting considering his impeachment. (AP Photo/Haraz N. Ghanbari)
Enlarge
WASHINGTON – It’s not the lifestyle of a typical federal judge: Five or six vodka cocktails during lunch; gambling with borrowed money; bankruptcy under a phony name, and cash, trips or home repairs from lawyers and a bail bondsman with business before his court.
Witnesses in the congressional impeachment case against U.S. District Court Judge G. Thomas Porteous Jr. paint a jarring portrait of the former Louisiana state judge who was appointed to the federal bench in 1994 by President Bill Clinton.
As Congress wrapped up several weeks of evidence-gathering hearings this week, legal experts who testified before a House task force suggested Porteous is a clear candidate to become just the eighth federal judge in U.S. history to be impeached and convicted by Congress. Lawmakers appear poised to take their advice and bring charges early next year, setting up a historic trial in the Senate.
“The fact is that we are discovering a pattern of misbehavior that occurred over such a long period of time that it’s virtually unique in the annals of impeachment,” Michael Gerhardt, a constitutional law professor at the University of North Carolina, told the House panel. “Just imagine what happens if you don’t act here? What kind of precedent does that set?”
Porteous, who sits in the Eastern District of Louisiana in New Orleans, so far has offered little in his defense. And while his defense attorney, Richard Westling, acknowledges that the evidence doesn’t look good, he says the House has disregarded key facts and circumstances. Porteous may have made mistakes, Westling argues, but his transgressions don’t warrant impeachment.
“The presentation before the task force has been one-sided and clearly aimed at moving forward toward eventual impeachment,” Westling said in an interview. “We hope that senators will withhold judgment until we have been given a full and fair opportunity to confront the allegations in a Senate trial.”
Westling has his work cut out for him.
In the opening hearing, House investigators said Porteous had racked up more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos.
Two New Orleans attorneys who once worked with Porteous said they gave the judge at least $20,000 in cash gifts while he was a judge, including $2,000 stuffed in an envelope in 1999, just before Porteous decided a major civil case in their client’s favor.
After they complained to Porteous about his frequent solicitations for cash and threatened to cut him off, the attorneys said Porteous began sending court-appointed work to their firm. In return, the attorneys sent some of the fees they received to the judge.
At another hearing, the lawyer Porteous hired for his 2001 bankruptcy discussed how he and Porteous initially filed the judge’s bankruptcy under the name “Orteous,” with a hastily arranged post office box as his address, to keep his name out of the newspaper. House investigators said Porteous also lied about his debts and assets in an effort to lower his bankruptcy payments.
Later, New Orleans bail bondsman Louis Marcotte testified that he and Porteous had a long-standing relationship in which Marcotte routinely took Porteous to lavish meals at French Quarter restaurants and offered his employees to work on Porteous’ cars and home. In return, Porteous manipulated bond amounts for defendants to give Marcotte the highest fees possible, said Marcotte, who served 18 months in prison on related corruption charges.
Porteous also erased criminal convictions for two of Marcotte’s employees.
The allegations against Porteous were largely uncovered during the FBI’s Operation Wrinkled Robe, an investigation of state judges in Jefferson Parish, where Porteous served before winning his federal post. That six-year investigation brought 14 convictions, but Porteous was never charged.
Porteous’ defense will in part focus on that fact — that he survived such an exhaustive investigation without prosecution. Porteous also is likely to argue that much of the activity in question occurred before he became a federal judge.
But the panel of legal scholars that testified this week said those circumstances are irrelevant. They said Porteous clearly misled Congress by concealing his behavior during the vetting for his federal nomination.
“It’s not even clear that removing of office is really punishing him ... He is a judge only because the Senate voted to make him one, and they did so under false pretenses. He lied to them,” Akhil Amar, a Yale Law School professor, told lawmakers. “Every day that a fraud continues to claim the title of a federal judge and draw his federal salary is an affront to citizens and taxpayers.”
The House needs a simple majority to approve impeachment; the Senate needs a two-thirds vote to convict.
The last time both happened was in 1989, when two judges — Walter Nixon of Mississippi and Alcee L. Hastings of Florida — were removed from office. Hastings went on to win a seat in Congress, where he still serves.
http://www.nashuatelegraph.com/news/worldnation/487700-227/la.-judge-faces-impeachment-for-drinking-gambling.html
By BEN EVANS
The Associated Press
FILE - In a Wednesday, Nov. 18, 2009 file photo, New Orleans-based District Judge G. Thomas Porteous Jr. listens to testimony on Capitol Hill in Washington during the House Judiciary Committee's Task Force on Judicial Impeachment meeting considering his impeachment. (AP Photo/Haraz N. Ghanbari)
Enlarge
WASHINGTON – It’s not the lifestyle of a typical federal judge: Five or six vodka cocktails during lunch; gambling with borrowed money; bankruptcy under a phony name, and cash, trips or home repairs from lawyers and a bail bondsman with business before his court.
Witnesses in the congressional impeachment case against U.S. District Court Judge G. Thomas Porteous Jr. paint a jarring portrait of the former Louisiana state judge who was appointed to the federal bench in 1994 by President Bill Clinton.
As Congress wrapped up several weeks of evidence-gathering hearings this week, legal experts who testified before a House task force suggested Porteous is a clear candidate to become just the eighth federal judge in U.S. history to be impeached and convicted by Congress. Lawmakers appear poised to take their advice and bring charges early next year, setting up a historic trial in the Senate.
“The fact is that we are discovering a pattern of misbehavior that occurred over such a long period of time that it’s virtually unique in the annals of impeachment,” Michael Gerhardt, a constitutional law professor at the University of North Carolina, told the House panel. “Just imagine what happens if you don’t act here? What kind of precedent does that set?”
Porteous, who sits in the Eastern District of Louisiana in New Orleans, so far has offered little in his defense. And while his defense attorney, Richard Westling, acknowledges that the evidence doesn’t look good, he says the House has disregarded key facts and circumstances. Porteous may have made mistakes, Westling argues, but his transgressions don’t warrant impeachment.
“The presentation before the task force has been one-sided and clearly aimed at moving forward toward eventual impeachment,” Westling said in an interview. “We hope that senators will withhold judgment until we have been given a full and fair opportunity to confront the allegations in a Senate trial.”
Westling has his work cut out for him.
In the opening hearing, House investigators said Porteous had racked up more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos.
Two New Orleans attorneys who once worked with Porteous said they gave the judge at least $20,000 in cash gifts while he was a judge, including $2,000 stuffed in an envelope in 1999, just before Porteous decided a major civil case in their client’s favor.
After they complained to Porteous about his frequent solicitations for cash and threatened to cut him off, the attorneys said Porteous began sending court-appointed work to their firm. In return, the attorneys sent some of the fees they received to the judge.
At another hearing, the lawyer Porteous hired for his 2001 bankruptcy discussed how he and Porteous initially filed the judge’s bankruptcy under the name “Orteous,” with a hastily arranged post office box as his address, to keep his name out of the newspaper. House investigators said Porteous also lied about his debts and assets in an effort to lower his bankruptcy payments.
Later, New Orleans bail bondsman Louis Marcotte testified that he and Porteous had a long-standing relationship in which Marcotte routinely took Porteous to lavish meals at French Quarter restaurants and offered his employees to work on Porteous’ cars and home. In return, Porteous manipulated bond amounts for defendants to give Marcotte the highest fees possible, said Marcotte, who served 18 months in prison on related corruption charges.
Porteous also erased criminal convictions for two of Marcotte’s employees.
The allegations against Porteous were largely uncovered during the FBI’s Operation Wrinkled Robe, an investigation of state judges in Jefferson Parish, where Porteous served before winning his federal post. That six-year investigation brought 14 convictions, but Porteous was never charged.
Porteous’ defense will in part focus on that fact — that he survived such an exhaustive investigation without prosecution. Porteous also is likely to argue that much of the activity in question occurred before he became a federal judge.
But the panel of legal scholars that testified this week said those circumstances are irrelevant. They said Porteous clearly misled Congress by concealing his behavior during the vetting for his federal nomination.
“It’s not even clear that removing of office is really punishing him ... He is a judge only because the Senate voted to make him one, and they did so under false pretenses. He lied to them,” Akhil Amar, a Yale Law School professor, told lawmakers. “Every day that a fraud continues to claim the title of a federal judge and draw his federal salary is an affront to citizens and taxpayers.”
The House needs a simple majority to approve impeachment; the Senate needs a two-thirds vote to convict.
The last time both happened was in 1989, when two judges — Walter Nixon of Mississippi and Alcee L. Hastings of Florida — were removed from office. Hastings went on to win a seat in Congress, where he still serves.
http://www.nashuatelegraph.com/news/worldnation/487700-227/la.-judge-faces-impeachment-for-drinking-gambling.html
Friday, December 18, 2009
U.S. Sen. Grassley: Launches U.S. Senate caucus to focus on foster youth
U.S. Sen. Grassley: Launches U.S. Senate caucus to focus on foster youth
12/17/2009
For Immediate Release
Thursday, December 17, 2009
WASHINGTON --- Senator Chuck Grassley today announced the formation of a new Senate Caucus on Foster Youth, which he will co-chair with Senator Mary Landrieu of Louisiana.
Three young Iowans who have been in and out of the foster care system and now are actively involved in helping other kids who’ve “aged out” participated in today’s announcement in Washington, during an event hosted by FosterClub, a nonprofit national network for young people in foster care. “There’s nothing like a real-life story to put a face and focus on a project, so I appreciate the involvement of Iowans Krista Penrod, Tracye Redd and Jacob Baker, and the practical perspective they bring to this effort,” Grassley said.
Grassley said that with the Senate caucus, he wants to help focus attention on the needs of older kids who remain in foster care and the young adults who have just “aged out” of foster care and don’t have the support and stability of a permanent family. “The issues challenging these young people – school attendance and performance, substance abuse, financial literacy, teen pregnancy, homelessness, and juvenile delinquency – have come to my attention through my efforts on foster care and adoption over the last 12 years.”
The statistics associated with young people who leave the foster care system without a safe, permanent family are significant. One study found that 25 percent of foster care alumni who “aged out,” which occurs between ages 18 and 21, depending on the state, don’t have a high school diploma or GED. Over half of them experience some homelessness. And, nearly 30 percent of them are incarcerated. They’re also less likely to be employed.
Grassley said the new Senate Caucus on Foster Youth will focus on this group. He said caucus provides a way “for current and former foster youth to have their voices heard and to make senators more aware of these issues, generate ideas for preventing negative outcomes and create opportunities for success.” Since 1998, more than 200,000 young people nationwide have aged out of foster care. Today, nearly 500,000 children in America are in the foster care system.
The caucus will provide briefings for senators by think-tank experts, foster-care coalitions and other groups close to these kids and familiar with the issues they face. It will be a clearinghouse for up-to-date research and policy initiatives in this area.
Last year, Congress passed and the President signed legislation Grassley initiated and Landrieu co-sponsored to make major updates to foster care laws and dramatically increase adoption into permanent, loving homes. The law – Fostering Connections to Success and Increasing Adoptions Act of 2008 -- also broke new ground by establishing opportunities for states to extend care and help “aged out” kids with education and vocational training. Today, Grassley and Landrieu said that monitoring implementation of this new law is another goal of the new Senate caucus.
The following organizations have expressed support for the new Senate caucus: the American Public Human Services Association, Voices for America’s Children, the Child Welfare League of America, the National Foster Care Coalition, the Children’s Defense Fund, the Foster Care Alumni of America, First Focus, Court Appointed Special Advocates, the John Burton Foundation, and the National Alliance to End Homelessness.
Last month, Grassley received a “Legislator of the Year” award from Voice for Adoption, a national organization dedicated to “speaking out for our nation’s waiting children.”
Twelve years ago, Grassley worked to advance the Adoption and Safe Families Act of 1997. Since its enactment, adoptions increased to 54,000 per year, and many states have doubled their adoptions from foster care.
The Deficit Reduction Act of 2005 included funding championed by Grassley for grants to train judges, attorneys and legal personnel in child welfare cases, as well as grants to strengthen and improve collaboration between the courts and child welfare agencies. Funding for the court improvement and collaboration grants is scheduled to end at the end of the next fiscal year, and Grassley has said he would work for continuation of necessary funding. Grassley also has worked to protect federal funding for Social Services Block Grants that help fund child welfare services.
In 2006, the Finance Committee held the first hearings on child welfare in over a decade. The hearings were part of an effort that led to passage of the Child and Family Services Improvement Act of 2006, which Grassley developed as Finance Committee Chairman and shepherded through Congress. The legislation improved programs aimed at helping troubled families, provided grants for states and community organizations to combat methamphetamine addiction and other substance abuse, and increased case worker visits for children in foster care.
And, again, last year, Grassley was part of a bipartisan effort to pass the Fostering Connections to Success and Increasing Adoption Act of 2008. This new law represented the most significant and far-reaching improvements to child welfare in over a decade. It provided additional federal incentives for states to move children from foster care to adoptive homes. It included legislation Grassley had introduced in May 2008 to make it easier for foster children to be permanently cared for by their own relatives, including grandparents and aunts and uncles, and to stay in their own home communities. The Grassley provisions in the law also made all children with special needs eligible for federal adoption assistance. Previously, that assistance had been limited to children who are removed from very low-income families. The law gives states the option to extend care for those who have been in foster care by helping those who age-out pursue education or vocational training.
Grassley’s 2008 legislation was supported by more than 500 organizations across the country, including Iowa organizations like the Iowa Foster and Adoptive Parents Association, Boys and Girls Home and Family Services of Sioux City, Family Resources of Davenport, the Iowa Citizen Action Network and Orchard Place of Des Moines. Other organizations supporting the legislation include the Children’s Defense Fund, the Kids Are Waiting: Fix Foster Care Now campaign sponsored by The Pew Charitable Trusts, the North American Council on Adoptable Children, the Dave Thomas Foundation for Adoption, and the National Foster Care Coalition.
http://www.iowapolitics.com/index.iml?Article=180070
12/17/2009
For Immediate Release
Thursday, December 17, 2009
WASHINGTON --- Senator Chuck Grassley today announced the formation of a new Senate Caucus on Foster Youth, which he will co-chair with Senator Mary Landrieu of Louisiana.
Three young Iowans who have been in and out of the foster care system and now are actively involved in helping other kids who’ve “aged out” participated in today’s announcement in Washington, during an event hosted by FosterClub, a nonprofit national network for young people in foster care. “There’s nothing like a real-life story to put a face and focus on a project, so I appreciate the involvement of Iowans Krista Penrod, Tracye Redd and Jacob Baker, and the practical perspective they bring to this effort,” Grassley said.
Grassley said that with the Senate caucus, he wants to help focus attention on the needs of older kids who remain in foster care and the young adults who have just “aged out” of foster care and don’t have the support and stability of a permanent family. “The issues challenging these young people – school attendance and performance, substance abuse, financial literacy, teen pregnancy, homelessness, and juvenile delinquency – have come to my attention through my efforts on foster care and adoption over the last 12 years.”
The statistics associated with young people who leave the foster care system without a safe, permanent family are significant. One study found that 25 percent of foster care alumni who “aged out,” which occurs between ages 18 and 21, depending on the state, don’t have a high school diploma or GED. Over half of them experience some homelessness. And, nearly 30 percent of them are incarcerated. They’re also less likely to be employed.
Grassley said the new Senate Caucus on Foster Youth will focus on this group. He said caucus provides a way “for current and former foster youth to have their voices heard and to make senators more aware of these issues, generate ideas for preventing negative outcomes and create opportunities for success.” Since 1998, more than 200,000 young people nationwide have aged out of foster care. Today, nearly 500,000 children in America are in the foster care system.
The caucus will provide briefings for senators by think-tank experts, foster-care coalitions and other groups close to these kids and familiar with the issues they face. It will be a clearinghouse for up-to-date research and policy initiatives in this area.
Last year, Congress passed and the President signed legislation Grassley initiated and Landrieu co-sponsored to make major updates to foster care laws and dramatically increase adoption into permanent, loving homes. The law – Fostering Connections to Success and Increasing Adoptions Act of 2008 -- also broke new ground by establishing opportunities for states to extend care and help “aged out” kids with education and vocational training. Today, Grassley and Landrieu said that monitoring implementation of this new law is another goal of the new Senate caucus.
The following organizations have expressed support for the new Senate caucus: the American Public Human Services Association, Voices for America’s Children, the Child Welfare League of America, the National Foster Care Coalition, the Children’s Defense Fund, the Foster Care Alumni of America, First Focus, Court Appointed Special Advocates, the John Burton Foundation, and the National Alliance to End Homelessness.
Last month, Grassley received a “Legislator of the Year” award from Voice for Adoption, a national organization dedicated to “speaking out for our nation’s waiting children.”
Twelve years ago, Grassley worked to advance the Adoption and Safe Families Act of 1997. Since its enactment, adoptions increased to 54,000 per year, and many states have doubled their adoptions from foster care.
The Deficit Reduction Act of 2005 included funding championed by Grassley for grants to train judges, attorneys and legal personnel in child welfare cases, as well as grants to strengthen and improve collaboration between the courts and child welfare agencies. Funding for the court improvement and collaboration grants is scheduled to end at the end of the next fiscal year, and Grassley has said he would work for continuation of necessary funding. Grassley also has worked to protect federal funding for Social Services Block Grants that help fund child welfare services.
In 2006, the Finance Committee held the first hearings on child welfare in over a decade. The hearings were part of an effort that led to passage of the Child and Family Services Improvement Act of 2006, which Grassley developed as Finance Committee Chairman and shepherded through Congress. The legislation improved programs aimed at helping troubled families, provided grants for states and community organizations to combat methamphetamine addiction and other substance abuse, and increased case worker visits for children in foster care.
And, again, last year, Grassley was part of a bipartisan effort to pass the Fostering Connections to Success and Increasing Adoption Act of 2008. This new law represented the most significant and far-reaching improvements to child welfare in over a decade. It provided additional federal incentives for states to move children from foster care to adoptive homes. It included legislation Grassley had introduced in May 2008 to make it easier for foster children to be permanently cared for by their own relatives, including grandparents and aunts and uncles, and to stay in their own home communities. The Grassley provisions in the law also made all children with special needs eligible for federal adoption assistance. Previously, that assistance had been limited to children who are removed from very low-income families. The law gives states the option to extend care for those who have been in foster care by helping those who age-out pursue education or vocational training.
Grassley’s 2008 legislation was supported by more than 500 organizations across the country, including Iowa organizations like the Iowa Foster and Adoptive Parents Association, Boys and Girls Home and Family Services of Sioux City, Family Resources of Davenport, the Iowa Citizen Action Network and Orchard Place of Des Moines. Other organizations supporting the legislation include the Children’s Defense Fund, the Kids Are Waiting: Fix Foster Care Now campaign sponsored by The Pew Charitable Trusts, the North American Council on Adoptable Children, the Dave Thomas Foundation for Adoption, and the National Foster Care Coalition.
http://www.iowapolitics.com/index.iml?Article=180070
The Manhattan Declaration-Please Sign
TO ALL FAMILY RIGHTS ACTIVISTS,,,
Have you been keeping an eye on the numbers of Christians signing the Manhattan Declaration? Christians are vowing to choose civil disobedience over obeying corrupt government laws and policies that they see as being unjust and/or immoral.
All Family Rights Activists need to be joining ranks with our Christian Leaders by signing the Declaration. The Family Law Courts are most certainly unjust and immoral.
You can sign the Declaration at: http://www.manhattandeclaration.org/Please do,,and then spread the word to other Family rights activist. Signatures are now up to 300,683 as of 8:46am this morning, with quite an impressive list of Top Christian Leaders in this nation being the first to sign.
Have you been keeping an eye on the numbers of Christians signing the Manhattan Declaration? Christians are vowing to choose civil disobedience over obeying corrupt government laws and policies that they see as being unjust and/or immoral.
All Family Rights Activists need to be joining ranks with our Christian Leaders by signing the Declaration. The Family Law Courts are most certainly unjust and immoral.
You can sign the Declaration at: http://www.manhattandeclaration.org/Please do,,and then spread the word to other Family rights activist. Signatures are now up to 300,683 as of 8:46am this morning, with quite an impressive list of Top Christian Leaders in this nation being the first to sign.
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