Judicial face-off in court

June 29, 2009
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Today’s post is written by reporter Mike Hoskins.

Litigation can get heated enough between lawyers and litigants on opposing sides, but rarely does a case get to the level of having two judges at odds in how a case has been handled.

That’s what is happening in St. Joseph County, a place where the judiciary in the past two years has faced a barrage of attacks by those wanting to do away with merit selection of most Superior judges. Voters there elect only two jurists; now those two – Circuit Judge Michael Gotsch and Probate and Juvenile Judge Peter Nemeth – are squaring off. Judge Gotsch has ordered Judge Nemeth to appear in court Thursday to explain why a 17-year-old boy hasn’t been released from a foster home and returned to his father, who wants custody of his son.

Court records show Judge Nemeth denied the father-son reunion request after social workers had said the father wouldn’t sign a “safety plan,” requiring in-home visits by the DCS and an agreement for them to attend family counseling. Judge Gotsch issued his order after the custody-seeking man filed a writ of habeas corpus petition. A local DCS official and a foster parent have also been summoned.

Attorneys are debating whether Judge Gotsch has authority to order Judge Nemeth into court, but the writ does include language that would make it possible for an arrest warrant to be issued for the Probate judge – essentially forcing him to attend the hearing.

But the teenager isn’t shying away from attending, according to reports on the case. He filed his own motion late last week, asking that he be allowed to attend the hearing to speak.

“I wish to waive my right and privilege of confidentiality and privacy in this matter, and I do so that the courtroom may be open for the world to see what a scam the State of Indiana is running,” the teen wrote. “In sum, I don’t mind being the poster boy for what is so wrong about my experiences with these state actors.”
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  • The Circuit Court record in the habeas corpus proceeding shows that the CHINS proceedings in the Probate Court lacked legal sufficiency from the get-go.

    Judge Gotsch has already assumed jurisdiction and issued the Writ commanding the respondents to appear and show cause, if any they have .......

    Thus far all the respondents have done is insult the integrity of justice.

    Cases like these do absolutely nothing for the public\'s confidence in the integrity of a once fine and proud institution.

    sheeesh
  • Kudos to Circuit Judge Michael Gotsch!!!
  • Has anything transpired since June 2009 on this case?

    Great PR for the Child Protection INDUSTRY.
  • See Honkforkids.com for more cases of abuse by the state
  • Greg -- Thank you for your interest and posting.

    The issues arising under the Habeas Corpus action are pending on appeal. The child welfare case itself was terminated on September 2, 2009. The family has been re-united and they are enjoying the Christmas season together.

    Merry Christmas to you, your family and all those reading.

    A very special thanks to author Barbara Johnson for stopping by to post and show her support for the issues --- For those who may not know, Barabra has written an excellent book addressing this and other critical legal issues and I hope everyone finds a copy of her book in their Christmans stocking. It is a must read for every advocate of justice.

    [Barb\'s book can be purchased here -- http://www.amazon.com/s/ref=nb_ss_0_22?url=search-alias%3Daps&field-keywords=behind+the+black+robes+failed+justice&sprefix=Behind+the+Black+Robes]

    In close, another special thanks to the staff and membership of honkforkids ... keep up the good works, and Merry Christmas to you all.

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  1. Oh my lordy Therapist Oniha of the winexbackspell@gmail.com I GOT Briggs BACK. Im so excited, It only took 2days for him to come home. bless divinity and bless god. i must be dreaming as i never thoughts he would be back to me after all this time. I am so much shock and just cant believe my eyes. thank you thank you thank you from the bottom of my heart,he always kiss and hug me now at all times,am so happy my heart is back to me with your help Therapist Oniha.

  2. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  3. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  4. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  5. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

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