Judges listen to what they are told and base decisions on that. Specifically judges are not allowed to do 'outside research' and a judge's right to raise questions the parties have not raised is strictly limited.
I was not at the hearing. Perhaps something was amiss but I doubt it. I suspect the judge was told everyone is agreed that the child will be cared for by the proposed caregiver and everything is proper. The judge looked over the materials for form and granted the order. Had she done anything else she would have been subject to complaint.
Is this the way we should deal with infants -- perhaps not. It may be there should be an formal investigation every time a child is involved in court. But gosh, imagine the increase in difficulty for parents divorcing amicably. And what about when mom and dad agree the baby stays with dad, say, two nights a week and the investigation says something different?
This is not an easy problem.
NDP MPP files judicial complaint over child's death
CBC.CA News
Network: CBC
A complaint has been filed against an Ontario judge who awarded custody of seven-year-old Toronto girl to a caregiver now charged in her death.
New Democrat Peter Kormos says he has asked the Judicial Council - which probes complaints against provincially appointed judges - to look into the judge's conduct.
He says Justice Debra Paulseth didn't do her job in the Katelynn Sampson case and failed to inquire into the caregiver's background.
The girl's battered body was found by police in her caregiver's apartment on Aug. 2.
Her legal guardian Donna Irving and Irving's boyfriend Warren Johnson are charged with second-degree murder.
Katelynn had been staying with the couple with her mother's consent, but court transcripts revealed that few questions were asked about Irving, who had a criminal record for drugs, prostitution and violence.
Attorney General Chris Bentley says legislation that's supposed to protect children like Katelynn is being reviewed to see if any changes are needed.
James Morton
1100 - 5255 Yonge Street
Toronto, Ontario
M2N 6P4
4 comments:
Mrton ,tough one here.
Kormos seems to think the judge didn't do her job.
If that's the case, then surely she needs to be looked at.
Morton, is it not too much to ask that anyone who wants to "adopt" a child must be screened for criminal convictions?
And for mental health and other issues related to "adoption".
I can't understand why a person with a criminal record like the accused could possibly adopt a child.
Johnathon,
I agree with your point on screening. I guess my point is the judge did her job and is being made the fall guy for stuff that is harder to fix than just complaining about the judge. It's easy to blame the judge for a bad law that she simply followed. j
Morton, Peter Kormos said the judge didn't follow procedure.
If that's true, then the judge should be looked at.
If Kormos is wrong, then the judge has no problem.
However, the law needs to be changed.
If that isn't obvious, then we're in trouble as a society.
"He says Justice Debra Paulseth didn't do her job in the Katelynn Sampson case and failed to inquire into the caregiver's background."
Morton, if Peter Kormos is correct, this judge should be locked up.
If this judge was SUPPOSED to look into her background and failed to, surely she should be held accountable and suffer consequences.
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