Due process concerns for the FLDS situation

[SeattleUte]

Originally Posted by MikeWaters

No you haven't. You have said the bar is lower for this temporary custody hearing. This is the bar that would allow theoretical abuse 15 years from now to be enough reason to take away an infant from his/her mother.

In my opinion, any reasonable reading of the statute, as I understand it, would not allow for this.

Mike, I'm sure temporary custody issues are subject to the trial judge's discretion based on review of the testimony, etc. Smart lawyers recognize that except in extreme circumstances disagreeing with a judge's exercise of discretion is like shouting and pumping your fist at God or complaining about sports injuries or that a ref's call cost you the championship. That's just how the system works. Is there a better way? Somebody has to evaluate the evidence and make a judgment decision. As long as the system is working you accept it and move on unless you're one of those kooks who carries signs in front of the court house. These are temporary custody hearings, and the judge has plenty of grounds to conclude that the community is about as wholesome as the Manson family. Whatever the imperfections of this proceeding I bet there are more upsetting violations of civil liberties about which you can bang your drum.