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A group of litigants,
citing inconsistent and unfair rulings, violations of due process
and failure to follow community property laws, is seeking a formal
investigation of Family Court.
The Coalition for Family
Court Reform has sent a notice of complaint to just about every
political body in the state, including the attorney general's
office, Clark County Commission, the Legislature, Secretary of State
Dean Heller, Gov. Kenny Guinn and Mayor Oscar Goodman, as well as
the Clark County district attorney's office and Sheriff Jerry
Keller.
The complaint contends
that the Family Court system has "drastically failed to correct the
problems brought forth to the Nevada Legislature." Alleged
violations include the denial of equal protection under the law,
evidentiary hearings, discovery, witnesses' testimonies, admitting
relevant evidence and the right to redress, as well as unnecessary
delays.
The complaint says
Family Court contributes to "endless and perpetual litigation by the
dynamic nonresolution of cases." Decisions often are based on
hearsay rather than on rule of law, the coalition
says.
Interspersed among
legitimate points raised by the complaint are inflammatory
references to fraud, extortion and sedition. How that will
affect responses to the complaint remains to be
seen.
There is no question
that some Family Court litigants will never be happy with judicial
decisions because they didn't "win." Some litigants themselves
are responsible for protracted litigation and adding to the
emotional distress of their children.
However, there is a
great deal of substance to issues raised in the complaint.
There are documented cases where due-process rights have been
violated. There are documented cases where judges have not
followed community property laws. In some cases, a 50-50
community property split is a joke. And although a couple may
have gotten divorced in 1996, today they're still fight over
division of assets - or rather what's left of
them.
It's unclear whether any
agency that was sent the complaint has jurisdiction to act on
it.
A spokesman for the
attorney general's office had not yet seen the
complaint.
Lorne Malkiewich,
director of the Legislative Counsel Bureau, says the LCB will review
it, but little can be done while the Legislature is out of
session.
Although the 1999
Legislature adopted some of an interim subcommittee's
recommendations for Family Court change, the coalition says it's not
enough. The coalition goes so far as to call for a grand jury
investigation. Certainly, an independent review of some of the
more serious, documentable charges is justified.
A newly formed second
group - Pacific 2000 (Progressive Advocates for Change in Family
Court) - also is leading an uphill charge to seek redress for many
of the violations contained in the Coalition for Family Court
Reform's complaint. Pacific 2000 says it's committed to
restoring due-process rights, and even suggests jury trials in
contentious custody case.
Both groups support
shared custody (unless it is detrimental to the best interest of the
child or where there is documented abuse), criminal penalties for
persons who commit perjury in Family Court, and holding judges and
attorneys accountable for their actions.
Both are seeking other
litigants who believe their rights have been violated. The
coalition can be reached at 440-7000; Pacific 2000 can be reached at
434-9027.
Since there missions are
the same, the two groups would be a stronger force if they could
overcome internal conflicts and merge.
The issues they raise
are too important to be
ignored. |