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Be A Hero
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Represent Abused and
Neglected Children
Through
The Childrens Justice Center
The El Paso region presents unique challenges for legal representation of
children who have been removed from their homes because of an allegation of child
abuse. El Paso possesses several of the poorest zip codes in the United
States. When children experience abandonment, abuse, or are neglected as a result
of their care-givers drug use or mental disorder, they have historically
been thrust into a legal system poorly suited to meet their needs. A few
lawyers and jurists in El Paso have been working for years to fashion court
procedures to assign significant judicial resources to hear child protection cases;
and train, encourage and equip lawyers to provide quality representation for
children.
Former Judge Enrique Pena ran his court in a way that reminded lawyers
representing children that this was some of the most important work on their docket.
Associate (now Probate) Judge Max Higgs was known to keep lawyers late into
the night and working weekends until lawyers had wrung the last ounce of
insight from mental health professionals about their clients.
Judge Phil Martinez, formerly of the 327th District Court and now on the
Federal Judiciary, established procedures which streamlined the handling of
Juvenile Justice cases.
Judge Fred Chavez, formerly on the front line of handling juvenile cases as
Associate Judge, took over the 65th District Court and, with the assistance of
former Associate Judge Patricia Macias (now Judge of the 388th) and current
Associate Judges Oscar Gabaldon and Richard Ainsa have created a court system in
El Paso which attracts judges and lawyers from around the country to study
its operation of a drug court; and its use of family conferences and mediations
to fashion permanency plans for children. Judge Chavez and his staff
continue to bring in federal and state dollars into El Paso to provide ever better
programming and resources for families in the child welfare system.
Judge Patricia Macias of the 388th Court was instrumental in developing the
Model Court program and continues to be active on the National Level and local
levels in improving the collaboration of Judges, mental health professionals,
and attorneys in family law. Judge Macias played an important role in
obtaining funding for the the early years of the Children's Justice Center.
Judge Linda Chew, now Judge of the 327th District Court, represented children and
parents in the child welfare system, juvenile justice system, and immigration
courts as a practicing attorney. While a practicing lawyer she observed that:
--representation of children could be improved by a team approach linking an
attorney and an mental health care worker.
--there are many cross-over skills possessed by lawyers practicing in more
traditional areas of the law relevant to the representation of children in the
child welfare system.
--few attorneys are aware ofor organizationally equippedto obtain an
occasional appointment to represent a child in the child welfare system.
In 1999 Linda Chew and mental health expert Beth Parsons formed the Children
s Justice Center with the aim of identifying and equipping attorneys to
represent children in the child welfare system. Today there are over 60 El Paso
attorneys who have been quietly providing quality representation to children who
have been removed from their homes for reason of abuse or neglect.
Though not all cases require the assistance of a clinical social worker, many
of these attorneys go armed to treatment meetings and court proceedings
prepared by Beth Parsons to better understand the mental health and addiction
issues in the case.
In recruiting a new attorney to take on a pro bono representation of a child,
I often explain that this representation is almost pure advocacy that
involves many lawyer and non-lawyer gifts and skills. Many lawyers, in preparing
their questions about the best interestsof their client, fall back on their
experiences as parents. In cross examining physicians, counselors, and
teachers, they find themselves searching to understand their opinions as if they were
on a medical or educational review team. Some lawyers find hidden
prosecutorial skills as they develop facts from investigating police officers and
caseworkers; or cross examine an adult care giver or abuser.
Though CJC volunteer attorneys typically handle one case every 12 to 18
months; there is no typical profile for the attorney. The CJC counts among its
ranks a Federal prosecutor; several insurance defense attorneys; numerous
business attorneys; and a few transaction attorneys who would not otherwise go
near a court room. Attorneys come from both sides of the adversary docket; and
all areas of the practice.
Most CJC attorneys, when they explain to a relative, a class room full of
students, or at their college reunion what they do for a living manage to work
in that among the most rewarding work they do is represent children pro bono
in the child welfare system. Interested? Call me at 532-1122.
Tom Stanton
Executive Director
Childrens Justice Center
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