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Friday, May 23, 2003

Fox: Juvenile, Domestic Relations courts violate rights



By Steve Kemme
The Cincinnati Enquirer

HAMILTON - Butler County Commissioner Michael Fox blasted the county's Domestic Relations and Juvenile courts in a 78-page report released Thursday, accusing the courts of violating people's rights.

After spending four months investigating seven cases brought to the commissioners' attention, Fox concluded that the courts routinely exclude the principal parties from hearings, create barriers to appeals, tolerate false testimony, allow costly delays and often fail to enforce court orders. He titled his report "A Culture of Secrecy, Fear and Judicial Abuse."

"This report tells an ugly story," Fox said. "It tells how these practices trample on the rights of our citizens, hurt kids and hurt families."

He contends that the flawed practices of the courts have affected the outcome of some child-custody, visitation and child-support cases.

He exempted Domestic Relations Judge Sharon Kennedy from much of the criticism, saying she operates an open, accessible court that should be a model for other judges to follow. He also said he has been encouraged by his recent discussions with Juvenile Court Judges David Niehaus and Robert Craft about changing court procedures and policies.

But he singled out Judge Leslie Spillane, administrative judge of Domestic Relations Court, and the magistrates in both courts for operating in ways that damage the rights of parents and children.

Fox, who has feuded with Spillane for years, said their antagonistic relationship didn't motivate him to conduct the investigation.

"This is not a personal thing," he said. "It's not a debate about personalities. It's a debate about the process. But (Spillane) hates me so much that she can't get past her hatred of me. Anything I suggest she rejects because I suggested it."

Spillane laughed when told of his remark about her.

"I don't even know how to respond to that," she said. "Mike has been a critic of mine for many, many years."

Spillane declined to comment on the allegations in the report. She said she plans to read the report and write a response to each allegation.

"This is typical Mike Fox grandstanding," she said. "He releases this report to the press without releasing it to me or anybody else involved with it."

Fox said he showed portions of the report to a few people connected with the courts before releasing it.

Rob Clevenger, Juvenile Court administrator, said he and the two judges have not had a chance to read the report.

"Once they've had a chance to review his report, I'm sure the judges will be responding," he said.

In his report, Fox made 31 recommendations for improving Domestic Relations and Juvenile courts.

Most of the recommendations were designed to improve public access to court proceedings and records, eliminate secret hearings involving only judges and attorneys, make it easier for the involved parties to appeal decisions and protect people's right to a fair hearing.

E-mail skemme@enquirer.com




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