Monday, January 19, 2009

Too Old

A judge in a controversial child custody case in Texas has angrily stepped down after apparently being persuaded that a related judicial conduct investigation required him to do so.

After Juvenile Court Judge John Phillips decided last year that Yolanda and Arnold Del Bosque were too old to raise the young grandchildren they had been caring for since infancy and had the two boys removed to a foster home, the couple—who were 59 and 52, respectively, at the time of the ruling—made an age bias complaint against him. Armed with a letter from the State Commission on Judicial Conduct stating that it is investigating the Del Bosques' complaint, their lawyer, law professor Barbara Stalder of the University of Houston, asked Phillips to recuse himself from the custody case.

According to Stalder, Phillips had no choice but to do so while awaiting an administrative judge's ruling on her recusal motion, "high drama ensued" at a Jan. 8 pretrial hearing, when Stalder objected to Phillips' continuing on the case. Raising his voice, an increasingly angry Phillips accused Stalder of arguing with him and ordered a bailiff to escort her from the courtroom.

Stalder: “Honest to God, I really thought he was going to have the bailiff taking me directly to a holding cell.”

Philllips soon held an informal meeting and agreed to recuse himself. Another pre-trial hearing is scheduled before Juvenile Court Judge Michael Schneider, who was appointed by the administrative law judge to hear the case.

The Del Bosques—who had received glowing reports about the home they provided their grandchildren until the judge determined their age to be an issue—are now hoping to regain custody of the boys, who are 1 and 2 years old.

Full Article and Source:
‘Too Old’ Grandparents (59 and 52) Hope for Custody Under New Judge

See also:
Texas Judge Takes Tots from ‘Too Old’ Grandparents, Age 59 and 52

Ray of hope for 2 boys in legal dispute

3 comments:

Anonymous said...

59 and 52 is too old? That is ridiculous. I think the judge should be removed from the bench.

Anonymous said...

This is one of the most outrageous juvenile court cases I have seen.

Yolanda and Arnold Del Bosque were successfully raising their grandchildren from infancy.

So what is the problem with SUCCESS?

This is a case of common sense - but instead this is misuse and abuse of judicial powers.

What & who triggered this insane court issue in the first place?

How old is Judge John Phillips? Is there a Texas law that specifies an age when a person is....too old to be a judge on the bench?

I hope the Del Bosque's are successful in their efforts. Judge Phillips needs to be removed as a judge post haste.

Anonymous said...

Goes to show why courts need
monitors with checks and balances because these Judges have too much discretion to make decisions on bias. Taking those children away from a loving, supportive, and safe environment to place them with strangers in foster care under the supervision of the State is outrageous. Considering the ill repute of State child protective agencies, this Judge put those children at risk for harm. Risk of injury to a minor is a criminal offense. This Judge should be removed from the Bench and prosecuted. Those kids need to be removed from forster care before they get abused or killed.