| kathleen 2006-01-01, 11:01 am |
| http://www.mail-archive.com/kids_co...u/msg00216.html
"An appalling combination of arrogance and ineptitude"
Judge Lopez reassignment
Berk, Bonnie
Sun, 09 Jan 2005 10:15:16 -0800
"Wednesday's (public Judiciary) hearing will give all parties -
including
Lopez - a chance to speak, although Lawlor said the committee will
probably
steer discussion away from Lopez's transfer and toward her work as a
judge."
Judge's Transfer Seen As A Loss For Juveniles
Award-Winning Jurist's Move To Civil Court Is Questioned
January 9, 2005
By ALAINE GRIFFIN, Courant Staff Writer
Superior Court Judge Carmen L. Lopez has earned a reputation as an
advocate
for children and an outspoken critic of flaws in the juvenile justice
system, and is one of the state's few Latino judges.
Now, child advocates and members of the Latino community are
questioning her
transfer from the child protection session of juvenile court in
Middletown
to the civil division in Superior Court in New Haven. The move comes as
Lopez's reappointment to the bench is up for consideration by the
legislature's judiciary committee.
Lopez's supporters are wondering why a veteran child-protection judge
hailed
nationally for her ability to combine legal expertise with her
professional
interest in juvenile justice is no longer handling the state's most
serious
family cases.
"Judge Lopez has been one of the few judges that has dedicated her life
to
the juvenile court," Robert Francis, director of the Regional
Youth/Adult
Substance Abuse Project in Bridgeport, said. "Often, we get judges who
are
there for short periods of time. To lose a judge with her experience in
this
area is quite sad."
Lopez was one of four judges reassigned in October "to meet the needs
of the
various courts," Chief Court Administrator Joseph H. Pellegrino said in
a
written statement. She has been serving in New Haven since then.
"Judicial assignments are made on an annual basis," Pellegrino said.
"However, interim assignment changes are made when necessary. The
judicial
branch does not comment on the reason for an individual judge's
assignment
or reassignment."
But supporters say they want to know that reason.
In letter-writing campaigns and through mass e-mail messaging, Lopez's
supporters are urging people to write to Pellegrino demanding answers
about
the transfer. So far, the transfer has been the subject of an article
in the
weekly Connecticut Law Tribune, and in a Dec. 10 editorial, Cablevision
urged the judicial branch to put Lopez back in her old job.
"Kids who wind up in child protection courts desperately need the
expertise,
to say nothing of the kind heart, of a judge like Carmen Lopez. She
should
be allowed to serve them again," the editorial said.
At the Capitol on Wednesday, supporters plan to speak for Lopez's
reappointment during a public hearing before the judiciary committee
and
they say they will also question the transfer.
Rep. Michael P. Lawlor, D-East Haven, co-chairman of the judiciary
committee, said the committee has asked the judicial branch to explain
Lopez's transfer.
"While we're reluctant to get involved in internal judicial matters, we
think in this case it's worth finding out what the story is," Lawlor
said.
"The circumstances surrounding the transfer are not clear to me at all.
If
it was because of any kind of misconduct, that's something we would
want to
know."
Wednesday's hearing will give all parties - including Lopez - a chance
to
speak, although Lawlor said the committee will probably steer
discussion
away from Lopez's transfer and toward her work as a judge. The
committee
would question a judge's reappointment if there is "clear evidence of
some
type of misconduct" or "some extraordinary examples" of bad courtroom
behavior, he said.
When asked if he had concerns about Lopez's transfer, Lawlor said
judges in
Connecticut don't typically spend a long time in one particular court.
"I think one of the good things about that is it keeps judges from
getting
entrenched in any one court," Lawlor said.
Messages left for Lopez at Superior Court in New Haven were not
returned
this week, but Lopez told the Law Tribune she was never given an
explanation
for the transfer.
The Law Tribune reported that she has retained a lawyer, David S. Golub
of
Stamford, but Lopez would not say whether she is contemplating legal
action,
the Law Tribune said. Golub did not return telephone messages.
In 1996, then-Gov. John G. Rowland picked Lopez to be a judge. Since
that
time, she has presided over criminal, child protection and juvenile
delinquency cases in the judicial districts of Waterbury, New Haven and
Bridgeport. She has worked in Middletown's child protection session
since
February 2001.
Lopez organized the 2000 American Bar Association Juvenile Court Day, a
gathering of community leaders who created strategies for enhancing the
judicial system's ability to serve court-involved youths and prevent
recidivism. She also represented Connecticut in the federally funded
Alternative Services for Court-Involved Girls Project, a national
project
that examines the lives of at-risk girls and young women.
Lopez, who has received awards for her work in juvenile courts, is on
the
board of trustees for the National Council of Family and Juvenile Court
Judges, although it is not clear if her status there will change
because of
the transfer.
"People are really outraged and think it's a real shame that a person
with
such a stellar reputation on juvenile matters is not serving in
juvenile
court," Juan Figueroa, an attorney and longtime friend of Lopez, said.
"The
transfer doesn't make any sense."
Figueroa said many judges don't consider the child protection session a
steppingstone in their legal career but Lopez wanted to be there.
"It's a real shame her talents aren't being used," he said.
Francis said the judicial branch's lack of an explanation for the
transfer
has left some to speculate what prompted the move.
Some believe it's in retaliation for her controversial support of
legislation that would open juvenile court records and proceedings to
the
public. Such legislation was proposed last year and died in committee,
but
it might be reintroduced this year.
Others say the transfer is a response to her recent clash with the
state
Department of Children and Families.
Lopez leveled harsh criticism at the agency in August, accusing a
social
worker of intentionally falsifying facts in a child abuse case. She
found
that the social worker attempted to build a strong case for abuse by
ignoring information that the child's injuries may have been
accidental.
In a strongly worded ruling, Lopez said the case was "an appalling
combination of arrogance and ineptitude" by DCF and its removal of the
child
from the family home caused senseless trauma.
"But, we're guessing about the reasons," Francis said. "And it's the
secrecy
of the judicial department that's kind of upsetting here."
Pellegrino said the recent controversies involving Lopez played no part
in
her transfer.
"This decision had absolutely nothing to do with either of those
scenarios,"
Pellegrino said. "We do not base these decisions on rulings made by our
judges or on positions they may take on issues of public policy. To
allege
that this decision is because of a ruling or an opinion flies in the
face of
judicial independence, which we strongly support."
Staff Writer Colin Poitras contributed to this report.
* Judge Lopez reassignment Berk, Bonnie
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