• State-by-state report card grades how states protect their legal rights;
  • Advocates say abusers have more legal rights than the abused;
  • Call for stronger protections in federal and state law
WASHINGTON, May 10, 2012 /PRNewswire/ -- Despite the moral imperative and sound fiscal basis for protecting the legal rights of abused and neglected children, half of U.S. states cheat them of appropriate legal representation, denying them an effective voice in proceedings that determine their futures, according to a state-by-state study conducted by two national child advocacy organizations.

Amanda Hodge has created the first Judges Resource Binder for the State of Alabama.  She spoke with Betty Jean Kling about this on BlogTalkRadio. 

Listen to the Show Here

NOTICE OF HEARING

Submitting for consideration and confirmation to the District Court of the Second Circuit, State of Hawaii, Judicial Nominee, Mimi DesJardins, for a term of six years.

Submit Testimony Here

DATE: Thursday, January 12, 2012
TIME: 10:00 A.M.
PLACE: Conference Room 016,  State Capitol, 415 South Beretania Street

linda_chalat_injuryboard_coloradoIn a highly unusual ruling, yesterday the Colorado Court of Appeals ruled that three siblings severely abused in the home of their biological mother and later in foster care can pursue their lawsuit against Adams County social workers who allegedly failed to protect them and deceived their adoptive parents about the extent of their problems.

In the summer of 2002, the siblings — then ages 9, 6 and 3 — were adopted by a couple who only learned about the history of abuse on the eve of the adoption. The children were engaging in incestuous acts with each other, and one became suicidal and had to be removed from the adoptive home.

A judge's complete protection from personal liability for exercising judicial functions.

Judicial immunity protects judges from liability for monetary damages in civil court, for acts they perform pursuant to their judicial function. A judge generally has Immunity from civil damages if he or she had jurisdiction over the subject matter in issue. This means that a judge has immunity for acts relating to cases before the court, but not for acts relating to cases beyond the court's reach. For example, a criminal court judge would not have immunity if he or she tried to influence proceedings in a juvenile court.

Some states codify the judicial immunity doctrine in statutes. Most legislatures, including Congress, let court decisions govern the issue.

Also see article on How To Sue A Judge and always remember, case law is ALWAYS changing.

Here is a selection of case/reference citations regarding judicial immunity when personally suing a Judge for money damages, from the collection of former Phoenix, AZ Attorney Robert A. Hirschfeld, JD. (Warning: Look up and read the cited case for consistency with your situation, before citing it in your own brief.)

When a judge knows that he lacks jurisdiction, or acts in the face of clearly valid statutes expressly depriving him of jurisdiction, judicial immunity is lost. Rankin v. Howard, (1980) 633 F.2d 844, cert den. Zeller v. Rankin, 101 S.Ct. 2020, 451 U.S. 939, 68 L.Ed 2d 326.

CPS Survey

If you or someone you know has been involved with Hawaii's Department of Child Welfare Services (regardless of what island you're on), please take a survey HERE.

If you are not in Hawaii but would like to participate, take the survey here.

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