I
am deeply honored and grateful to receive this award and to have my work
favorably compared to the distinguished career of such an outstanding
jurist as Judge Henry Naruk. Since I am still a few years away from
retirement, I will endeavor to continue to serve in the manner for which
you have graciously chosen to honor me. You have previously awarded this
distinction to two of my mentors, Judge Frederica R. Brenneman and Judge
John T. Downey, juvenile judges of long tenure who are still presiding,
and I am proud to be included on the same roster as two such remarkable
individuals. I want to focus my remarks today on the work of the
juvenile courts, an area I knew little about before becoming a judge,
but one which has come to define my sense of where judges and our courts
can make a difference.
But first, on a personal note, I often tell the kids who appear before
me how fortunate they are to have a parents or other family members who
are there for them. I was such a lucky child, and I owe so much to my
parents, Hayden and Wanda Keller. I wish they could have been here, but
I’m happy that many other family members and friends, are here to
celebrate with me today. I want especially to thank my daughter,
Jessica, my son, Matt, and my husband, Tom, for their love and making it
easy for me to “have it all.”
As
a former legal aid attorney, I am particularly pleased to be honored
here today alongside Attorney Patricia Kaplan. I have the highest
admiration for attorneys like her who have dedicated their entire
careers to helping the most needy.
I
first became the Chief Administrative Judge of the Juvenile Division in
1997, after three years on the bench because, as Judge Aaron Ment
indicated, no one else wanted the job! After five busy years, I asked to
be reassigned to the criminal, then civil divisions, which I thoroughly
enjoyed, and subsequently served for two years as Administrative Judge
for the J.D. of Hartford.
But Judge Brenneman told me when I left juvenile in 2002, “You’ll be
back.” She was right. I missed it. Last year, Chief Justice Rogers
called and asked me to resume the CAJ job. She said, “I want our
juvenile courts to be the best in the country.” A challenge, but not an
unachievable goal.
Most of you have never practiced in juvenile court. Because of the
comparatively small courthouses, the staff and the members of the bar
who frequently practice there become somewhat of a family. It’s hard to
remain aloof. You see such human frailty and so many damaged children
that you form a special bond and share a common mission–helping the
kids. They are too numerous to mention individually, but I will
especially thank the chief and deputy chief court administrators,
judges, judge trial referees and magistrates with whom I have worked
over the years, and all the staff of the various divisions in the
judicial branch who work so hard to make Justice Rogers’ goal a reality.
In fact, the staff deserves a great share of the credit for everything
I’ve managed to accomplish.
My
duties as Chief Administrative Judge prevent me from sitting on the
bench as often as I would prefer, but I still manage to hear cases as I
need to know what’s working, and what isn’t. Collaboration has become a
big part of what I do. As you heard, I serve on a number of boards and
commissions designed to address juvenile justice and child protection
issues. Since this is a day when we celebrate the accomplishments of
members of the Connecticut bar, I want to point out the tremendous
contributions so many Connecticut lawyers make to improve policy and
practice in juvenile court. There are the advocates at the Center for
Children’s Advocacy, Voices for Children, the Juvenile Justice Alliance
and the Office of the Child Advocate who tirelessly prod us into doing
better. There are volunteer attorneys handling pro bono cases with
Lawyers for Children America, mentoring kids, and serving as
guardians-ad-litem for Children In Placement. There are many
lawyer-legislators who have made reform in the juvenile area a focus of
their work at the Capitol. Special contributions also come from the
offices of the Chief Public Defender and the Chief State’s Attorney. I
also greatly appreciate the willingness of the Commissioner of the
Department of Children and Families, Attorney Susan Hamilton, and her
staff attorneys, as well as the lawyers in the child protection unit at
the Office of the Attorney General to work collaboratively on improving
our child welfare system. Recently, lawyers from the Branch, many of
these agencies and the juvenile bar worked with me on a task force to
draft proposed revisions to the juvenile section of the Practice Book to
the Rules Committee. It was hard, tedious work, but someone has to do
it–and it should be us.
Finally, I want to pay special tribute to the case-handling attorneys in
juvenile court--–the public defenders, the juvenile prosecutors, the
assistant attorney generals and last, but not least, the private
lawyers, most of whom contract–for $45.00 an hour-- to represent
children and parents. All of them are the unsung heroes in the trenches
who handle demanding and time-consuming caseloads. Representation in
juvenile court is as much social work as it is lawyering, and in many
instances, the outcomes are life-altering, often heartbreaking,
infrequently tragic. It’s a tremendous responsibility and the
emotionally and physically exhausting work takes its toll, yet these
lawyers persevere. Just one example from the first trial I handled in
juvenile: How many of you would know how to answer a six-year-old
client, committed to DCF, already the subject of multiple placements and
being moved again, who asked you, “Will Santa Claus know where to find
me?”
The extent and variety of lawyer contributions to the functioning of our
juvenile courts shows how valuable committed attorneys are to the
preservation of our system of justice. Too often, lawyers are the
subject of stereotypical jokes, wrongly perceived as selfish and
dismissive of their clients’ needs. Not enough is said about the efforts
so many of you make contributing to your communities and your
profession. Witness the attorneys being honored for their pro bono
efforts today. Most of you generously devote considerable hours to
volunteering the skills we were all fortunate to acquire in law school.
I recently read in the CT Law Tribune that incoming President Barndollar
intends to localize a Youth At Risk program developed by the American
Bar Association. The goal is to find more ways that we in the legal
community can support at-risk young people. Undoubtedly, many of us will
want to participate.
I
have spent most of my legal career working in the courts that serve the
less privileged–criminal, juvenile and family, notably the family
support magistrate docket–the hardest job I ever had. I agree that
public confidence in the courts is maintained by opening our
administrative meetings to the public, discouraging the unnecessary
sealing of documents and courtrooms, and even the introduction of
cameras.
However, there should always be an equivalent emphasis on another
goal–service to the public. We should strive to be less intimidating and
remember that coming to court, while routine for us, is a very daunting
experience for most lay persons. We need to explain things fully, and
offer help, or at least appropriate referrals for help.
In
terms of offering help to those who must frequent our courts, I think
the juvenile division is setting some standards. There is no division
providing or facilitating the delivery of more services than juvenile,
and probably no division where the demand for services is greater, or
more important. I was going to give you a laundry list to illustrate the
breadth of our programming, but you would drown in the alphabet soup and
it made my speech too long. Suffice it to say that from the inception of
every case, whether it involves an errant child or a neglectful or
abusive parent, we are assessing the needs of the child and family,
setting goals and implementing services to achieve them. The progress of
each case is specifically mapped out for the providers and the
recipients. Our probation officers, court service officers, detention
center employees, clinical care coordinators, victim and educational
advocates, and DCF liaisons assist the parties in this process. When we
can, we try to divert cases out of the courtroom entirely. Probation
officers divert cases to services, and DCF and the Judicial Branch have
funded local juvenile review boards to allow our communities to address
minor first time transgressions. Parents who are willing to cooperate
and sign voluntary service agreements see their cases withdrawn. While
we hold people accountable, the key to a satisfactory outcome is never
denunciation, but encouragement from people who care and programs that
work
This past year, our state has been the site of tragedies causing many to
question how to avoid rampant lawlessness and inhumanity. As a Hartford
Courant editorial stated yesterday, the “underlying issues . . . . are
well-known–poverty, fatherless children, teen pregnancies, high school
drops-outs, lack of hope for a better life, a feeling of powerlessness
and yes, apathy.” And I must add two more ingredient to this toxic mix:
easy access to drugs and guns. In juvenile, we wrestle with these issues
and their discouraging consequences every day.
I
had the privilege of speaking at the Melanie Rieger Conference Against
Violence in April. This conference was founded by the father of a young
lady who was murdered, and a number of persons victimized by criminal
violence attend. This year the conference had a special focus on the
prevention of youth violence and how to instill kindness in children. It
was uplifting to see people who had experienced terrible tragedy
concentrating on the future–such a positive way to honor the relatives
they had lost.
We
can learn a lesson from that group. Let’s do something constructive.
Here are some questions to think about:
It
is now mandated that high schoolers study American history and young
drivers have to attend many more hours of instruction. But why don’t we
require all school children to receive instruction in civic
responsibility, social skills, child development and parenting? Why are
many fragile babies still being born to the very young, the unprepared
or worse, the very addicted? Why do judges see, time after time, a high
school-aged child referred for truancy who has actually, if you go back,
missed many days of school every year since the 1st grade and
nothing was done? Why are we suspending or expelling children as young
as 5 for behavioral issues, rather than helping them with cognitive
therapies? Why are we suspending children for skipping school? Why don’t
we have a more coordinated effort to combat bullying, another cause of
truancy? How relevant is a more rigorous academic high school curriculum
if a ninth grader still can’t read at a 3rd grade level? Why
is contributing to you child’s truancy a minor offense, when it has more
far reaching implications for a child’s future? Why are children with
acute need for psychiatric hospitals waiting in emergency rooms and
detention centers for days? Why are there so few substance abuse
programs for teens? Why is there no residential program for serious girl
offenders or juvenile sex offenders in this state? You can call our
cities inhumane, but why are most of the group homes, shelters,
affordable housing, and halfway houses located in them? Why are young
teenagers hanging out in the wee hours of the morning–some missing from
home--without recourse? Why are young teenagers locked up in adult
jails?
In
so many of the presentence investigations I read presiding in criminal
court, lack of education beyond the 8th grade was
commonplace. Neglect, abuse and traumatic experiences affecting the
defendant during childhood–left unaddressed--were ubiquitous. Substance
abuse as self-medication for want of adequate mental health diagnosis
and treatment was routine. An ounce of prevention is supposed to be
worth a pound of cure. We need to examine our own callousness and worse,
indifference. We have to temper holding people accountable with true
rehabilitation, and show forgiveness and mercy. We must look to our
systems of care and our community-based organizations to identify
children who are not thriving, or at risk for not thriving, and require
more coordinated intervention. The earlier the better.
We
can build more prisons, filled with men or women with little to lose, or
we can direct more resources to salvaging Connecticut’s children–while
there is still time.
And salvaging them means we have to help their parents, now.
Thank you again for this great honor, and for hearing what I had to say.