| Chuck Sain, a father who has been denied all but
severely restricted visitation with the two children for whom he was
the primary caretaker (an at-home Dad while Mom worked), was sentenced
to jail from a family court hearing with Bernalilllo County Judge
Ernesto Romero. The remand
order states, "Respondent is to serve 30 consecutive days
beginning June 9, 2002. Term to be suspended if respondent pays $1,350.00
cash only to the District Court Registry which in turn to be paid
to the petitioner . . ." [sic]
What is shocking about this case is the booking
sheet, which is stamped both "civil" and "felony".
Whereas a family court judge may find a parent in civil contempt
and even use jail time as a sanction (although it is not warranted
in this case), the same judge has no authority to find a parent
guilty of a crime for which he was never convicted. Public defenders
and juries are not allowed in family court; such decisions are not
allowed by a family court judge for this very reason - family court
deprives charged criminals of basic criminal rights afforded by
law. Finally, Judge Ernesto Romero does not get to be the district
attorney, law enforcement, and the judiciary all rolled up into
one. These offices are separated to avoid the very event that occurred
here - a rogue judge taking out his frustrations by ruining a parent's
record without evidence or cause.
Finally, the order
setting conditions of release is appalling: in addition to the
child support payment to mother required for release, Chuck is not
permitted to leave the county without Court permission, and must
inform his "attorney" (he is Pro Se) of his whereabouts.
(I imagine that he has no trouble following this edict, and constantly
informs himself of his own whereabouts.) Since there is no pending
"criminal" trial for his alleged felonious action of owing
a little over $1000 in child support, the release conditions apparently
apply forever with no ending date, consigning him to ongoing confinement
within the county. Look here
to find out more about the gross mistreatment of this father by
the court system. |