My First Trial

I knew this was going to happen, but I was still dreading it.  One of my cases going to trial.  Essentially cases go to trial when we (the Dept. and the parents) cannot come to an agreement on a legal proceeding, usually for dependency or termination of parental rights.  In this case, the parents of my shaken baby are not agreeing to dependency on their newest child that we removed at birth.

The Dept. (and I) are of the opinion that these parents seriously injured a child, have not admitted to it or the gravity of her injuries, and have not participated in the services they agreed to to address their “parental deficiencies”.  So we are going to trial.  This is a pretty nerve-wracking experience.  My lawyer has been prepping everything for the trial and calling the past social workers, who of course come to me and ask what is going on.  They are all going to be called as witnesses, as will I.  So I have been going over all of my case records and remembering what I did on the case over time (which is really hard!) and trying to mentally prepare myself to be cross-examined.  It is hard not to have pictures of Law & Order or A Few Good Men go through your head and not wonder how you will do or if they will break you.  I hope not!

And scheduling is a huge pain, because I have to be at the trial the entire time, which means I cannot do anything on my other cases, so I am trying to get colleagues to cover my other hearings and trying to make sure that I have nothing majorly pressing on my other cases.

So I was originally told that trial was to start on Monday, 1/26, but wouldn’t know for sure until after the case scheduling conference that happened the Thursday afternoon before.  I then learned that it would happen downtown in a different courthouse and start on Tuesday.  So I am all prepped for Tuesday until one of the parent’s attorneys asks for a one-day continuance due to illness, which everyone agrees to (although he still works and is in hearings for other cases – whatever).  So I dry clean my one suit and haul the case files on a bus and go downtown Wed. morning.  Most of us are ready but the parents are 30 minutes late, which is typical of them.  Unfortunately, so is one of our translators, and we cannot proceed without her.  I am in charge of scheduling translators (yep, along with everything else) and I would have been worried about not doing something correctly, if it wasn’t that I spoke to her personally on Monday to inform her about Tuesday’s continuance.  I call, no answer.  We all wait and wait and wait.  I am pissed because this makes me look bad.  She finally arrives 2 hours late! because she had double-booked.  Fortunately, the judge lays into her a bit, so I do not have to.  And we start trial.

Except we don’t.  The parents’ attorneys ask for a continuance because we just received a psych report on the dad and they want more time to review it.  The lawyers (all three!) have the most long-winded arguments I have ever heard.  Why isn’t there a time limit on them?  Seriously, they need to get more concise!

The judge grants their motion and we are delayed for about a month (although with some meetings in between).  And it was probably the right decision, as they probably do need time to review the report.  And it was nice for me to go back to the office and be able to work on stuff without anything scheduled.  And maybe this will increase our chances of having the case settle, which would just be so much easier.  But what a stressful process!

Advertisements

2 Responses to My First Trial

  1. Rhona says:

    Yes, this sounds beyond stressful and annoying! It sounds like the court system process is super slow and bureaucratic. Good luck with this.

  2. Darrow says:

    It’s interesting reading about this experience from the social worker’s perspective. Our foster son’s case goes to contested hearing in May and I’m guessing there will be similar drama, stress, and uncertainty.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: