Wednesday, September 16, 2015

Courtroom War Stories: WWJ(Julie)D?


The following was shared by PDA member Colleen Coebergh:

I wondered if you would consider putting this tale on the blog, because I love this story, a true story about one of our best and brightest, Julie George.   
Julie was called in to do a shelter hearing, and was representing alleged Dad.  Tiny infant, subject of the case, was being clutched tightly by foster mom who almost had a death grip on the adorable little bambino.  Incarcerated Mom, through counsel, indicated that she was prepared to swear that Julie's client was in fact father.  Alleged father asserted he was willing to swear the same.  A request was made the Court adjudicate paternity immediately.  The Guardian objected.  She wanted DNA testing.  The mom could just "say" that Julie's client was Dad, and he might not be biological father at all.   
The Court inquired, "well yes, but that's usually the case, what with Moms being in the best position to name Dads.  And besides, aren't men married to the Mom presumed to be legal father, irrespective of any notions of genetics?"  The Guardian persisted that if the Court adjudicated on their say-so alone, that man may weasel his way into the litigation, into the child's life, and that shouldn't be.  
Then she argued that guy didn't even have a right to court appointed counsel (which Julie was at the time) unless and until he established legal paternity.  (The old catch-22.  You can't have counsel until you establish legal paternity, and you can't establish legal paternity without counsel because you don't know what you're doing...)   
Without missing a beat, Julie stood up and said the alleged father just handed her a nickel, she considered that a "retainer agreement," and she was working for him for that nickel until paternity was established.  Then, she launched in the the smoothest, slickest argument about the State's efforts to vex the man in establishing paternity long enough to then turn around and argue that the child was bonded with the foster parents to the degree the child should not be moved.    
Held by the Court:  Paternity established.  DCFS has 48 hours to walk through Dad's house, and absent demonstrable safety concern, infant to be placed with Dad.  She earned just a bit over 3 cents an hour for that argument, and my undying admiration.  When frustrated, tired and lost in our efforts to open a can of whoop-ass on the powers that be, we should all ask, "WWJ(Julie)D?"   

Anyone else have a good courtroom war story to share?

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