Date: Sat, 31 Aug 2002 08:30:25 -0700 (MST)
Subject: Re: Survey Response
From: [email protected]
Position Survey Maryland Judicial Equality Committee
Under what conditions if any, should preferential treatment be shown to one gender in family law cases? Which gender and with what restrictions? Explain:
With all things considered even, I cannot see one gender receiving preferential treatment over another.
What percentage of all domestic violence do you believe is committed by men? Circle One 100% 90% 80% 70%
60% 50% 40% 30% 20% 10%Based on (a) news reports, (b) case statistics, (c) prosecutions, (d) research studies, (e) other
All of the above
To your knowledge and in your opinion, does the issuance of a protective order result in decreased domestic violence? Explain:
Statistically, probably. In reality probably nothing of any magnitude.
Do you believe the current Family Law system treats both men and women equally and what would you change if given the opportunity? Explain:
Family Law probably leans toward women. I think this will even out as more women pursue careers and lose the mantra of stay at home nurturers.
Do you believe that false testimony occurs frequently in contested custody or divorce cases? If so, what can be done to deal with this situation? Explain:
Probably. I think we need to strictly prosecute perjury. Our judicial system is our last line of defense for a civil society. If people scoff at it by perjuring their testimony, then there is little power in the system.
Currently, judges issuing protective orders via Ex Parte’ requests consider only the written statement made in the request and if the accused is capable of carrying out the alleged action. Do you feel that the civil rights of the accused are adequately protected under these conditions? If not, what changes would you recommend? Explain:
In cases where liberties of the accused will be lost, I believe the accused should have input.
Are you concerned that the number of domestic violence protective orders fall disproportionately against men and to what do you attribute it? Explain:
I would think this could be contributed to a mans ego for not filing the protective order. If the number granted is disproportionate, then either the accused is deemed not able to carry out the task or the judge's opinion is skewed.
Would you support legislation to modify the current domestic violence statues to correct abuses currently occurring in the system? Explain
: I support any attempt to refine statutes that don't address the issues properly. If elected, I would push to form a Legislative Review Committee who would assess the validity of the laws passed five years prior. Many laws are enacted in a reactive state. Many times they end up not addressing the issue. Instead of leaving laws on the books that don't work, we should repeal or amend them.
Do you believe that given the opportunity, as a single parent, both men and women are equally capable of raising children? Explain
: Definitely. However, each case must be looked at individually.
Would you support legislation to direct judges to require the joint legal physical custody of children unless there are compelling reasons not to do so? Explain:
I don't believe I would go that far. By doing so, you are placing a greater power in the hands of the legislature (who is removed from the individual case). I would think that this is the understood "law." I think we must trust the wisdom of our judges who have the time and ability to review the case in greater detail. I am not sure if the out come would be any different. If a judge is now willing to side for the mother or father, then what stops them to say they have a compelling reason? What is the definition used for compelling?
What are the compelling reasons for not giving joint legal physical custody of children to both parents who live in the same jurisdiction? Explain:
These are too numerous to mention. Child abuse. Drug/Alcohol addiction. Actions that may endanger the child. Unfit residence. Etc...
Jae Collins
Delegate Candidate, District 20