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Politics : Politics for Pros- moderated -- Ignore unavailable to you. Want to Upgrade?

To: JDN who wrote (105329)	3/22/2005 11:25:57 AM
From: Ilaine	Read Replies (2) \| Respond to of 793818

there is A GROSS MISCARRAIGE OF JUSTICE done in this case Just finished reading the judge's opinion rejecting the application for temporary injunction -- as far as it goes, it seems well written to me. I am, of course, disappointed in the ruling, but he seems to be correct based on what was put before him. The one thing that puzzles me is why Terri never had her own lawyer. She had Guardians Ad Litem, but I guess nobody realized that Guardians Ad Litem are not advocates, they are not trial lawyers. They exist to protect the rights of persons under a disability, but they tend to be rather passive, especially the court-appointed ones. The judge said that Terri's parents and their lawyers were effective advocates for her, but I would disagree. There was a potential conflict of interest between Terri and her parents, as well as Terri and her husband, and she certainly had a legal right to her own lawyer, a real advocate, not just a GAL (Guardian Ad Litem). I was at a hearing Friday in a very nasty custody case involving a severely abused child, representing one set of grandparents. The father, who is incarcerated, has a criminal lawyer, and a court-appointed GAL, but neither of those lawyers are handling his civil case as his advocate. The mom has a court-appointed GAL, but no civil lawyer. I don't think any of them have picked up on this, and since I represent one set of grandparents, I don't think it's my job to point out to them that their GALs see their roles as something like a potted plant, just sitting there.