| The story in more detail:
- In this complicated divorce and custody case, Judge Angela Jewell
ordered
the appointment of custody evaluator Richard
Reed, stating in her order that "Dr. Reed will provide
a written report to each attorney in this case." However,
Richard Reed did not write up any report at the conclusion of
his custody evaluation.
- Father Carsten Thoma filed a Motion asking Judge Jewell to adopt
the "recommendations" of Richard Reed even though nothing
was written down regarding his recommendations. Mother Tzveta
Apostalova filed
an objection to Richard Reed's failure to provide a written
report and asked for a second opinion.
- Judge Angela Jewell allowed Richard Reed to get away with defiance
of her order to provide a written report. Both parents paid thousands
of dollars for the evaluation, only to end up with no work product
from Richard Reed's "work". When the hotly-contested
issue of custody went to trial, there was no report and thus no
basis for being able to argue either about the conclusions or
about the manner in which this court-appointed 11-706 expert reached
his recommendations.
- Eventually a Bifurcated
Settlement Agreement was reached in splitting the parties'
assets in which mother Tzveta Apostalova bought out father Carsten
Thoma's interest in their home for $134,000 and the home became
fully hers. Judge Angela Jewell ratified this agreement in her
Stipulated
Partial Judgment and Final Decree of Dissolution of Marriage.
- In December 2005, Judge Jewell issued an Order
to Appoint Guardian ad Litem, appointing Jeffrey Kauffman.
This order is of high concern because it hands over full authority
in medical decision-making regarding the seven year-old minor
child to the Guardian who is a lawyer, not a medical expert. The
order states: "Upon entry of this Order, each party shall
execute a power of attorney" to empower the Guardian ad Litem
to make medical and mental health decisions. There was no determination
that either party is incompetent in any way. This is how parents
in our country are systematically losing their rights, and children
are becoming wards of greedy court-appointed attorneys.
- The order also renders the GAL's decisions binding on the parties
"until and unless the recommendations are changed by the
Court", essentially giving the GAL a judge's power without
all the accompanying checks and balances to which judges are subjected.
It also makes an order for payment of all fees tot he GAL "by
the last day of each and every month", with no restrictions
as to the hourly rate or number of hours the GAL can charge. Judge
Jewell in this order has given Jeffrey Kauffman a blank checkbook
and preemptively made an order regarding payment without any notice
of how much or how fair the charge will be.
- Finally, the order ties allocation of payment among the parents
to "allegations of non-compliance with the GAL's recommendations,
or any abuse of the GAL process". In other words, if the
GAL is not deciding in keeping with a particular parent's preferences
or concern for the child and he/she objects, the judge threatens
to consider a parent's complaints about the GAL when deciding
how much of the GAL's bill the particular parent has to pay.
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