Family law court targeted
Marin protesters say rulings hurt kids
Nancy Isles Nation


DEMONSTRATION: Dr. Joe Lazor of Greenbrae and Deidre Silverman of San Rafael participate in a protest yesterday at the Marin Civic Center calling for family law reform to protect children from abusive parents. (Special to the IJ/Zachary Kaufman)

Family law court critics are again targeting Marin Superior Court, renewing allegations of favoritism and cronyism that erupted five years ago. About 20 people - who said they were advocates for parents whose children have been taken away from them and forced to live with abusive former spouses - rallied in front of the Marin County courthouse in San Rafael yesterday.

The protesters, who carried signs and handed out leaflets throughout the morning, included three women who have been jailed for trying to protect their children from husbands who they say have abused them; group members said they will hold weekly demonstrations outside the courthouse through October.

"We want everyone to be aware," said Jean Taylor, a longtime family law court critic. "We sit in the courts and watch, but they (Marin residents) don't know what's going on in family law."

The critics say that in divorce and custody cases, Marin judges take the side of well-financed litigants and lawyers they have long working relationships with rather than looking out for what is best for the children involved. That sometimes leads to judges ruling in favor of a parent who has been accused of sexual or violent misconduct, critics say.

Neither presiding Judge Terrence Boren nor Judge Lynn Duryee, who handles many family law court cases in Marin, returned calls seeking comment yesterday. Chief Assistant District Attorney Barry Borden said his office was not aware of the rally and did not wish to comment.

In 2000, family law court critics released a scathing report by New York investigator Karen Winner, who chastised Marin courts for "probable misconduct," saying that family court jurists routinely acted with "gross favoritism" toward certain litigants and lawyers and approved of "fee gouging" by court-appointed experts.

The report led to an unprecedented recall of Judge Michael Dufficy, two other judges and former Marin district attorney Paula Kamena in a special election in 2001.

The recalls were unsuccessful, but critics hold their actions responsible for changes made in the Superior Court, including establishing a rotation for judges so they would have the opportunity to work in a variety of divisions. Dufficy left the family law bench in May 2000.

Protesters yesterday included Jonea Rogers of Petaluma, who is charged with a misdemeanor for violating a custody order in the criminal division of Marin Superior Court.

Rogers has maintained she violated the order and left California with her daughter in August 2000 when she became frustrated with the Marin court system. She was arrested after a three-year search by authorities and is awaiting a trial while also trying to win a shared custody arrangement with her ex-husband.

Her ex-husband recently was given permission by Duryee to temporarily move with the daughter to Hawaii, where Rogers said it will be impossible for her to visit frequently.

San Geronimo Valley resident Mary Strebl, a friend of Rogers, said she does not think voters who elect Marin's judges know that parents lose their children to abusive spouses, because the courts do not believe or take their allegations seriously.

"It's just appalling," Strebl said. "I still don't think they have the information."

Martin Silverman, who was among the family law court critics who commissioned the Winner report, said whatever improvements were made in the system initially are not effective.

Silverman, a San Rafael resident and former vice chairman of the Marin Civil Grand Jury, noted the report was critical of the courts and the judges' alignments with attorneys who were considered the elite.

"I became so appalled about what I saw going on in the family court that when my (grand jury) tenure was over I became involved to try to shine a light (on the family law courts)," Silverman said. "The pattern continues - they favor an elite group of attorneys who seem to have the ear of these judges."

Valerie Nixon, who now lives in Modesto, said she had spent four months in jail because she kept her children away from her ex-husband - in violation of court orders - said she and her children have suffered because of the Marin courts.

She said as a result, her children have a variety of problems.

The protesters plan to gather outside the courthouse doors weekly through October when KQED and other public broadcasting stations will be airing a documentary on the impact of domestic violence on children.

The program, "Breaking the Silence: Children's Stories," features members of the Courageous Kids Network, a group of young people who were forced by courts to live with abusive parents while being restricted from seeing the parents who were trying to protect them.

Nixon said similar demonstrations would be taking part across the country over the next month.