Not Letting Felons Vote Damages Democracy for All Citizens

AUSTIN SARAT

Austin Sarat— Associate Provost, Associate Dean of the Faculty, and William Nelson Cromwell Professor of Jurisprudence and Political Science at Amherst College—argues that disenfranchising felons, as most American states do in some way, does substantial harm to everyone in our democracy. Sarat praises a recent decision by a federal district court in Florida striking down a state law requiring people with serious criminal convictions to pay court fines and fees before they can register to vote, but he cautions that but much more needs to be done to ensure that those who commit serious crimes can exercise one of the essential rights of citizenship.

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In re Samantha H.

Court: California Courts of Appeal

Docket: B300065(Second Appellate District)

Opinion Date: May 26, 2020

Judge: Stratton

Areas of Law: Family Law

The Court of Appeal affirmed the juvenile court's order selecting adoption as the permanent plan for mother's daughter. The court held that mother's challenge to the juvenile court's order of adoption is waived; the trial court was under no obligation sua sponte to inquire whether M.W. (the mother of Samantha's godmother) had been advised of and rejected the option of guardianship in favor of adoption; and where, as here, all statutory requirements to terminate parental rights have been met, the non-relative prospective adoptive parent has been clear and consistent in her willingness and desire to adopt the child, and the court has found the adoptive parent suitable and the child thriving in the adoptive parent's care and custody, the court saw no reason whatsoever to derail this adoption.

Colucci v. Colucci

Court: Maine Supreme Judicial Court

Citation: 2020 ME 75

Opinion Date: May 28, 2020

Judge: Connors

Areas of Law: Family Law

The Supreme Judicial Court vacated the judgment of the district court granting Susan Colucci's complaint for divorce, holding that the court did not have an adequate evidentiary basis from which it could make the findings necessary for it to set aside the parties' dog to the correct party. On appeal, Stephen Colucci argued that the district court erred in awarding the parties' dog, Louise, to Susan because the dog was his nonmarital property. The Supreme Judicial Court vacated the judgment, holding that because the parties did not present any evidence of who, whether Susan or Stephen, acquired Louise five years before the marriage, the district court should have reopened the record for the parties to submit additional evidence regarding the ownership of Louise prior to entering a final judgment. The Court remanded the case for further proceedings.

S.C. v. New Jersey Department of Children and Families

Court: Supreme Court of New Jersey

Docket: a-57-18

Opinion Date: May 27, 2020

Judge: Jaynee LaVecchia

Areas of Law: Family Law, Government & Administrative Law

This appeal involved the investigation into a claim that a mother, S.C., abused her seven-year-old son by corporal punishment. The New Jersey Department of Children and Families (Department) concluded, after its investigation, that the claim of abuse was “not established.” Because the abuse allegation was deemed “not established” rather than “unfounded,” it was not eligible to be expunged. S.C. appealed the Department’s action, claiming: (1) a deprivation of her due process rights because she was not afforded a hearing; and (2) that the Department’s “not established” finding was arbitrary and capricious because the record was insufficient to support a finding that her son was harmed. S.C. did not raise a direct challenge to the validity of having a “not established” finding category in the Department’s regulations, although amici urged that the category be declared illegitimate and eliminated. The New Jersey Supreme Court reversed and remanded: (1) for the Department to provide improved notice of the basis on which its investigation has found credible evidence to support the allegation of harm; and (2) for S.C. to have an informal opportunity before the Department to rebut and/or supplement the record before the Department finalizes its finding. The Supreme Court rejected that due process considerations required the Department to conduct an adjudicative contested case proceeding either internally or at the Office of Administrative Law for a “not established” finding. That said, on the basis of the present record, the Supreme Court could not assess whether the “not established” finding in this instance was arbitrary or capricious. "It would be well worth the effort of the Department to revisit its regulatory language concerning the standard for making a 'not established' finding as well as its processes related to such findings. Our review of this matter brings to light shortcomings in fairness for parents and guardians involved in investigations that lead to such findings and which may require appellate review."

Kidd v. Jacobsen

Court: Wyoming Supreme Court

Citation: 2020 WY 64

Opinion Date: May 22, 2020

Judge: Kautz

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the district court awarding primary custody of the parties' children to Father and granting Mother visitation, holding that the district court did not abuse its discretion by prohibiting Mother from using alcohol during visitation. When the parties divorced, the district court awarded primary custody of the children to Mother and visitation to Father. The original decree incorporated an order prohibiting the parties from engaging in any excessive drinking or use of illegal substances. Father later filed a petition to modify custody to award him primary use of the children based on Mother's improper of alcohol and controlled substances. On remand, the district court awarded Father primary custody. The court then entered a written order granting Mother visitation and ordering Mother to refrain from using alcohol and to subject herself to chemical testing during the visitation periods. The Supreme Court affirmed, holding that the court did not abuse its discretion when it ordered Mother to refrain from using any alcohol during visitation with the children.