I am currently on a
work assignment In Ashtabula County. While here I have been asked by a friend
to help her grandson with getting his parenting time set properly. All I can
say as this has been fun (not) and I have witnessed some of the worst court
room antics by a magistrate in all my years. I did go to his hearing with him,
if that is what you want to call it.
First words from the
magistrate were that she did not give "shared parenting" and that he would only
get 2 days every other week. Those that know me, know that I bristled up on
that statement and the battle was on. The attorney that was in the room never
said a thing and sat there with his jaw on the table top as I spared with Ms.
Hough.
That lasted until
she stated that she was setting orders at 2 days every other week and I popped
the question. "Is it your intent to tell everyone here that you that you intend
to violate this man's 14th Amendment right to equal protection under
the law?"
Next thing I heard was
"I have had enough of you. Get out of my courtroom!" I left but not before
getting my shot at the attorney with a whispered comment of get ready for a
declaratory judgment case.
The following is a
letter to the Head Judge of that court. If you are a father and have had experience
with Magistrate Edith Hough, I want to hear from you. It is time to put one of the worst magistrates
in the state out of business.
Ray Lautenschlager
PACE Akron
330-907-0664
________________________________________________________________
The Honorable Charles
G. Hague
25 W. Jefferson St.
Jefferson, OH 44047
Dear Judge Hague,
On July 16 of this year I attended a hearing in the Courtroom of Magistrate Edith Hough (Benson V Hutson, Case No. 03JI407) in support of a young man that was seeking equal custody of his daughter. Attending hearings such as this are part of my duties as a Director with Parents And Children for Equality. I must say that the attitude and actions of this magistrate were some of the worst I have ever witnessed and a clear violation of the Code of Judicial Conduct.
Without a single word of testimony or so much as a hello or introduction of the parties, Magistrate Hough announced that she does not grant shared parenting because she does not believe that it works. As she proceeded, she announced that all Mr. Hutson would get would be a "Standard Order of Visitation" consisting of two days every other week. A considerable contrast from Local Rule 19 which governs custody in Ashtabula County and states:
Rule 19. STANDARD COMPANIONSHIP ORDER
A. The following standard companionship guidelines
will be applied in all cases unless otherwise ordered:
1. Presumptions:
a. Shared parenting is in the best interest of the
children;
b. Equal division of the available companionship
time is in the best interest of the children;
c. Whenever possible, it is in the best interest
of the children that they be in the care and supervision of a parent, rather
than third persons.
2. The presumptions are rebuttable and may be
rebutted by competent credible evidence.
3. In the event the parties cannot agree upon a
companionship schedule, they shall participate in mediation.
4. If the parties cannot develop their own
companionship schedule through mediation, both parties shall provide the court
with verification of their work schedules and available companionship times.
The court will then assign companionship time, based upon the presumptions.
Now let me present some
further facts about the case.
1. Ms. Benson has never filed a response
in this case.
2. Ms. Benson has never filed an alterative
parenting plan with the court.
3. No evidence has been presented at
this point in the proceeding yet Magistrate Hough has made her ruling.
4. A motion for Summary Judgment was
filed by Mr. Hutson and has never been ruled on by the Magistrate.
Are you beginning to get a
clear picture of what is going on in your Courthouse?
In looking at the Ohio Codes
of Judicial Conduct, one could produce a litany of points which Magistrate
Hough has violated just in this case alone. Her bias was evident from the very
beginning and her lack of respect for the Constitution as well respect for the
integrity of the bench and the powers and duties that come with it. I was not
the only one to witness this and can produce statement from those people should
that action become necessary.
From what I saw, I have to
wonder how many more fathers she was treated in this manner that did not have
the benefit of someone like me. Actions like this undermine the entire public's
confidence in the judiciary. One has and expects a reasonable amount of
fairness when they walk into a courtroom, something that is absolutely lacking
in proceedings before magistrate Hough.
As of now, Mr. Hutson has
ordered the transcripts of both hearings before this magistrate and these
documents will show that her bias and predisposing to finding and making
rulings before any evidence is heard is blatant. It is time for you are the
presiding judge of the Ashtabula Juvenile Court to remove her from service
immediately before she causes you any more embarrassment.
Further discussions with
others in this area have indicated to me that Magistrate Hough has been
following this pattern of misconduct for years. A story was related to me from
a grandmother whose grandchildren were involved in a child protection case
before Ms. Hough. Among other things that I was told was a comment that the magistrate
made to the mother that "if she divorced her husband she would get her children
back." Is this the attitude of someone you want to trust with the health and
safety of the children of Ashtabula County? I certainly do not.
I am encouraging Mr. Hutson
to take this matter to the Ohio Supreme Court's Grievance Committee and will
support him every step of the way. That can be avoided if you take the step of
firing Ms. Hough immediately and opening the records for an independent review
as to her rulings during her tenure. My goal here is not to embarrass you but
to put a stop to blatant violations of Civil Rights Protections and Ohio Law.
I am open to further
discussions in this matter and can be reached by the above numbers and email.
Letters to me may be sent to:
Ray Lautenschlager
Parents And Children for Equality
6535 Conley Road
Ashtabula Ohio 44004
I look forward to your response in this matter within the next ten days.
Sincerely,
Ray R. Lautenschlager
Parents And Children for Equality
